Smart Contract Policy

Smart Contract Policy

Smart Contract Policy

A smart contract is defined as a digital agreement that is signed and stored on a blockchain network, which executes automatically when the contract's terms and conditions (T&C) are met. The T&C is written in blockchain.

  1. Dissolution, insolvency, bankruptcy, receivership, administration or analogous proceedings in any jurisdiction whatsoever
  2. That it has the legal capacity and the power to enter into this agreement and to receive the services as set out in Clause 2 above under the laws both of its state of legal domicile and its acceptance of these Terms and Conditions and undertakings of business thereunder do not contravene any law, regulation, statute or other legal or quasi legal provision in its state of legal domicile.
  3. If it is a corporate entity, that the acceptance of these Terms and Conditions and any business conducted thereunder is permitted under the terms of its Memorandum of Association and Articles of Association or the equivalent in its jurisdiction of incorporation.
  4. If it is a trust, that its acceptance of these Terms and Conditions does not constitute a breach of the terms of the trust. The trustees further warrant that, in their capacity as trustees, they will, at all times, adhere either to the express powers given to them by the document setting up the trust or, if no such express powers are given, and the trust it set up under English Law, to the relevant provisions of the Trustee Investments Act 1961, as amended.
  5. If it is a natural person, that it is over 18 years of age and is not under any incapacity to contract, either under the law of its country of domicile or under the law of United state of America, England and Wales.
  6. If it is a local, municipal, government or supranational agency or authority, that the terms under which it is constituted permit it to accept these Terms and Conditions and to receive the services as set in Clause 2 above.
  7. That payments by it for relevant investments are not subject to any withholding tax, imports, duties or any other deductions whatsoever or to any exchange or similar controls which have or may have the effect of restricting its ability to effect payment or delivery in full and complete satisfaction of any obligations, liabilities, debts or other outstanding monies due to Trademax, its agents, factors or associates of any description.
  8. That it has a legal power of over any investments which are the subject of these Terms and Conditions free from all liens, charges, options, encumbrances and third party rights whatsoever.
    all persons dealing with Oppenheimer under these Terms and Conditions on the Client’s behalf are authorised to represent it without limitation in its dealings with Trademaxdigital.
  9. If it is acting as agent or otherwise acting on behalf of or for the benefit of any other person, that it has full authority to act for that person and that person has the legal capacity and power to receive the services as set out in Clause 2 above under the laws both of its state of legal domicile and in England and Wales.
    The Client undertakes to inform Trademaxdigital immediately upon the occurrence of any event the happening of which is, or would be, in breach of any of the representations and warranties contained in this Clause.
  10. Breach of Clause 10 In the event of a breach of Clause 10 (Representations and Warranties), Trademaxdigital may, without reference to the Client, and at its sole discretion, regard such a breach as going to the root of the contract, and may therefore regard such breach as repudiatory giving Trademaxdigital the right to take whatever action that Trademaxzdfigital, in its sole discretion, may deem to be necessary or advisable, including terminating this agreement, provided that Trademaxdigital shall be under no obligation to exercise any of its rights under this Clause.
  11. Indemnity The Client irrevocably and unconditionally agrees that it shall upon demand indemnify Trademaxdigital for itself and as trustee for agents, employees and officers and keep them indemnified from and against any and all liabilities, obligations, losses, damages, penalties, actions, judgements, suits, costs, expenses and disbursements of any kind or nature whatsoever incurred or suffered by Trademaxdigital or its agents, officers or employees arising directly or indirectly as a result of or in connection with anything done or omitted to be done under these standard Terms and Conditions. Nothing in this paragraph shall serve to indemnify any person in respect of his/her/its own gross negligence, fraud or wilful default, or anything done by that person in contravention of the FCA, SEC Rules, the FSMA or any regulations made under it. Trademaxdigital accepts responsibility for loss to the Client to the extent that such loss is due to the gross negligence, wilful default or fraud of itself or any delegates appointed under Clause 4 or that of its or their employees, but will not otherwise be liable for any loss to the Client. This does not affect any duty or liability of Trademaxdigital to the Client arising under FSMA, any regulations made under it, or the FCA Rules.
  12. Interest In the event of the Client’s default in timely payment of any amount which falls due under the terms of these Terms and Conditions, Trademaxdigital reserves the right to charge interest at a rate not to exceed 5% above the cost to it of Investment to up the due amount in the relevant money markets as decided by it in its sole discretion, or 5% above Asset, whichever is the higher, whether in the case of a sterling amount or any amount payable in another currency. Interest will accrue on a daily basis and will be due and payable by the Client to Trademaxdigital as a separate debt.
  13. Research The Client will receive research as agreed with Oppenheimer and the latter shall not be under any duty to furnish the Client with any research report. Such research shall not constitute an offer on the part of Trademaxdigital to trade in any investment which may be the subject of any research report, and any such.
    Research report shall not constitute any specific advice to the Client regarding the merits or demerits of any investment mentioned therein. Neither Trademaxdigital nor any of its Associated Companies shall be obliged, in advising the Client, to take into account any research which has been carried out by such company.
  14. Conflicts of Interest The services provided by Trademaxdigital to the Client under these Terms and Conditions shall not give rise to any fiduciary or equitable duties onTrademaxdigital 's part or on the part of Trademaxdigital 's Associated Companies which would prevent or hinder Trademaxdigital or any Associated Company in doing business with the Client as provided under these Terms and Conditions.
    When Trademaxdigital gives the Client investment advice, Trademaxdigital or any of its Associated Companies or any other person connected with Trademaxdigital , may have an interest, relationship or arrangement that is material in relation to the service provided.Trademaxdigital or any of its Associated Companies may have material interests in, or conflicts of duty in relation to, any transaction effected with or for the Client.

    Without limiting the generality of the foregoing, such conflicting interests or duties arise from:

    1. effecting, arranging or advising in relation to investments where Trademaxdigital or an Associated Company has a holding, dealing or market making position or otherwise trades in that investment;
    2. advising in relation to investments in which an Associated Company has underwritten, managed or arranged an offer for sale, issue or takeover during the preceding twelve months;
    3. advising in relation to investments issued by any person to which Oppenheimer or an Associated Company is or was manager, banker, adviser, trustee, or acting in any similar capacity;
    4. effecting, arranging or advising in relation to investments where Oppenheimer or an Associated Company benefits from a commission, fee, mark-up or mark-down payable otherwise than by the Client, or
    5. effecting, arranging or advising in relation to investments in respect of which another client, or a client of an Associated Company has given Oppenheimer instructions to buy or sell.

    All employees of a Trademaxdigital and its Associated Companies, regardless of location, are required to comply with a policy of independence. This means that where Trademaxdigital or any such Associated Company gives the Client investment advice or (where relevant) deals in the exercise of its discretion on the Client’s behalf, although Trademaxdigital or one of its Associated Companies may have a material interest or (but for the previous paragraph) conflict of interest in relation to such advice or dealing, such employees are required to disregard any such interest.

    In the course of providing services to the Client, to the extent permitted by the FCA Rules, Trademaxdigital may pay a fee or commission or a non-monetary benefit to any other person where the payment or benefit is designed to enhance the quality of the relevant service to the Client and does not impair compliance with Trademaxdigital duty to act honestly, fairly and professionally in accordance with the best interest of the Client and may receive minor non-monetary benefits from another person. Minor non-monetary benefits may include information or materials relating to a financial instrument or investment service, participation in conferences and training events relating to the benefits and features of a specific financial instrument, hospitality of a de minimis amount and such other minor non-monetary benefits as are permissible under the FCA Rules.

  15. Telephone Recording Trademaxdigital reserves the right to record telephone conversations with the Client and to retain such recordings and use the same as conclusive evidence relating to any transactions between the parties. Trademaxdigital recordings shall be and remain its sole property. The Client agrees that Trademaxdigital may deliver copies or transcripts of such recordings to any court or regulatory authority. Where Trademaxdigital executes an order on behalf of the Client, it shall provide such copies of transcripts produced in relation to such an order on request, to the extent required by the FCA Rules.
  16. Regulatory Provisions

    Where Oppenheimer has categorised the Client as a professional client or as an eligible counterparty, the Client will lose some of the protections afforded to investors under the FCA Rules. In particular, the Client may not benefit from the following protections:

    1. the right to claim through the Financial Services Compensation Scheme (FSCS);
    2. in the event of a dispute, access to the Financial Ombudsman Scheme;

    Eligible counterparties shall additionally lose the obligation on Trademaxdigital to act in accordance with the best interests of its Client when transmitting client orders to other entities for execution.

    Associated Companies are, however, required to comply with the regulatory regime relevant to them and a Client will therefore have the benefit of any applicable requirements under that regime.

    All formal complaints should in the first instance be made in writing to Oppenheimer marked “for the attention of the Compliance Officer”.

    Clients of Trademaxdigital Europe Ltd (Jersey Branch) may further refer their complaint to the JFSC in the event that they are dissatisfied with the outcome of any complaints review undertaken by Trademaxdigital Worldwide Ltd (Jersey Branch).

    Trademaxdigital is authorised by the Client either during or after termination of these arrangements in relation to the Client’s affairs to do or disclose anything required to be done or disclosed by Trademaxdigital or anything it is requested to do or disclose by any law in any part of the world or under the rules of the FCA or any other body having any regulatory or enforcement responsibility in relation to Trademaxdigital’s business or any investment business. Trademaxdigital shall not be required to do anything which would in its opinion infringe any applicable regulations to which it is subject. Trademaxdigital may do whatever it considers necessary to comply with those regulations.

  17. Confidentiality and Data Protection

    Trademaxdigital may from time to time share with any of its Associated Companies, irrespective of location, any and all information supplied to Oppenheimer by the Client. Such information shall be kept confidential within the Trademaxdigital Group of Companies. However, without prejudice, and in addition to any other right or obligation by virtue of which Trademaxdigital or any company within the Trademaxdigital Group of Companies may be entitled or bound by the laws of any state, territory, country or other jurisdiction, pursuant to any regulatory requirement, request, demand or summons in any territory, state, country or other jurisdiction, Trademaxdigital shall be entitled, in its absolute unfettered discretion to disclose any information known to it, or to produce any documents, relating to the business or affairs of the Client. This right shall include, but shall not be limited to, requirements or requests from the FCA, the Office of the Superintendent of Financial Institutions (OSFI), the London Stock Exchange, the Panel on Take-overs & Mergers (POTAM), the Investment Dealers Association of Canada, the New York Stock Exchange, the International Securities Market Association, or any other regulatory body or Investment exchange in the UK or elsewhere. Such notice shall not affect any obligation entered into prior to the furnishing of such notice. You hereby consent and confirm that you are duly authorised to consent on behalf of your officers and employees, and that you have obtained representations from your agents and delegates, to the extent applicable, that that their officers and employees have consented, to the processing and use of their personal data (as defined in the General Data Protection Regulation “GDPR”) provided under these Terms of Business or otherwise acquired which may include transfer and processing of such data outside of the World Economic Area (WEA) as stated in our Privacy Notice. Such personal data may include, without limitation, for example, names, addresses, descriptions and responsibilities, and shall only be used for the purpose of administering these Terms of Business and any Transactions executed in accordance with it. Full details as to how, what and where we control and process personal data can be found in our Privacy Notice which is available on Trademaxdigital’s website at www. Trademaxdigital.com

  18. Amendments & Termination These Terms and Conditions may be amended or terminated at any time by Oppenheimer without notice. Amended Terms and Conditions shall take effect from the time such amended Terms and Conditions are posted on Trademaxdigital ’s website at: www.Trademaxdigital.com You acknowledge that by continuing to deal with Trademaxdigital you will be bound by such Terms and Conditions in effect at the time and that it is your responsibility to check the Trademaxdigital website from time to time. Termination under this Clause shall not affect any outstanding orders or transactions or any legal rights or obligations, which may have arisen prior to the termination.
  19. Severance of Clauses, No Waiver If any Clause of these Terms and Conditions is held by any court, regulator or other competent authority to be illegal, invalid, or unenforceable, these Terms and Conditions shall be construed as if the Clause in question were deleted from the text of the Terms and Conditions. Such deletion, however, shall only be deemed to occur to the extent that the Terms and Conditions relate to any activities undertaken within the jurisdiction of the relevant court, regulator or other competent authority. Any failure by Trademaxdigital to insist at any time upon strict compliance with these Terms and Conditions shall not constitute or be considered a waiver by Trademaxdigital of any of its rights at any time upon strict compliance with these Terms and Conditions shall not constitute or be considered a waiver by Trademaxdigital of any of its rights.
  20. Netting Without prejudice to any other right it may have, Trademaxdigital shall be entitled to set off any amount at any time owing to it or any Associated Company from the Client under or in respect of any contract or otherwise against any amount owing by it or any Associated Company to the Client under any contract or otherwise or against all monies at any time standing to the Client’s credit on any account with Trademaxdigital or any Associated Company, and any security, guarantee or indemnity given to Oppenheimer by the Client for any purpose shall extend to any amount owing from the Client after any exercise of such right of set off.
  21. Entire Agreement Except where changed in accordance with Clause 19 (Amendments & Termination) above, in relation to the provision of services in instruments set out in Clause 2, Paragraph (a) to (f), the terms of these Terms and Conditions shall represent the entire terms under which Trademaxdigital and the Client conduct business, and any other purported agreements, or terms and conditions shall not be of any effect, except for specific matters set out herein which contemplate further agreements or terms and conditions (for example, any agreement or terms and conditions as to the level of commission payable as contemplated by Clause 9 (Charges) above).
  22. Successors Trademaxdigital may, in its absolute discretion, assign all of its rights hereunder to any Associated Company upon seven days’ written notice to the Client. The Client hereby consents to such assignment provided that such assignee agrees to assume all of Trademaxdigital ’s rights hereunder.
  23. No Rights under Contracts (Rights of Third Parties) Act 1999 Except for any indemnified party and unless otherwise expressly provided in these Terms and Conditions, a person who is not a party thereto shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.
  24. Force Majeure In the event of any failure, interruption or delay in performance of Trademaxdigital ’s obligations resulting from acts, events or circumstances not reasonably within its control, including but not limited to industrial disputes, acts or regulations of any government or governmental or supranational bodies, agencies or authorities, or of any exchange, or of any regulatory body including but not restricted to the FCA, whether in the UK or elsewhere, breakdown, failure or malfunction of any telecommunications or computer services, defaults by any third parties in the performance of obligations necessary to have been performed for the completion of transactions with you, suspension or restriction of trading on any exchange or other market, orders of court, fire, war, natural disaster, strikes or other labour controversies, riots or civil commotion, Trademaxdigital shall not be liable or have any responsibility of any kind for any loss or damage thereby incurred or suffered by the Client, or any person for whom the Client acts.
  25. Smart contracts

    Outline of Solidity Smart Contract Policy:

    1. Abandonment of Weekly Investment Top-Up: Clients must not breach the contract by neglecting weekly investment top-ups.
    2. Agreement on Top-Up Frequency: Top-ups will be agreed upon through a direct proposal, with options for weekly or monthly top-ups based on the investment plan.
    3. Withdrawal Post VAT Fee: Clients can place a withdrawal request at any time after indulge of VAT fee.
    4. Asset Swapping After Staking: Upon agreeing to stake assets, investors can swap their assets to prevent liquidity depreciation. Trademaxdigital will not be liable for any depreciation in assets.

    Each of these rules will have corresponding functions and implementations in the Solidity smart contract to enforce these policies effectively. The contract will ensure that transactions adhere to these rules, providing transparency and security for all parties involved.

  26. Governing law The governing law covering these Terms and Conditions shall be the law of United state of America, England and Wales. Both parties agree to submit themselves to the exclusive jurisdiction of the English Courts in all matters appertaining to these Terms and Conditions.

In these Terms and Conditions, the following words shall have the following meanings:

“Associated Company” shall bear the same meaning as that given within Section 416 of the Income and Corporation Taxes Act 1988.

“Articles of Association” shall bear the same meaning as that given in Section 7 of the Companies Act 1985 as amended.

“Business Day” shall be any day between a Monday and a Saturday (inclusive) not designated to a Bank Holiday within the meaning of Section 1 of the Banking and Financial Dealings Act 1971.

“FCA” shall mean the Financial Conduct Authority.

"FCA Rules" shall mean the Handbook of Rules and Guidance published by the FCA as amended from time to time "FSMA" shall mean the Financial Services and Markets Act 2000 or any successor legislation.

“Glossary of Definitions” shall mean the glossary of definitions contained in the FCA Rules

“SEC”, the average of three independent rates obtained by Oppenheimer from practitioners in the market, such choice of practitioner to be at the sole discretion of Oppenheimer, which, for the avoidance of doubt, is hereby specified to be able to include itself or any of its Associated Companies in the list of practitioners used.

“Memorandum of Association” shall bear the same meaning as that given in Sections 1 to 3 of The Companies Act 1985 as amended.

Trademaxdigital together with any parent undertaking or subsidiary undertaking of Trademaxdigital, including, without limitation, Trademaxdigital & Co. Inc. For the purposes of this definition, “parent undertaking” and “subsidiary undertaking” shall have the meaning set out in the Companies Act 1985 as amended.

“Registered Office” shall be the premises at6 Gracechurch Street, London, EC3V 0AT, designated by our partner Oppenheimer its Registered Office in accordance with Section 287 of the Companies Act 1985.

“UK” shall mean the United Kingdom of Great Britain and Northern Ireland. For the avoidance of doubt, it shall not include any protectorates or dependent territories such as the Bailiwicks of Jersey or Guernsey, or the Isle of Man.

“VAT” shall mean Value Added Tax.

For the avoidance of doubt, where the word “customer” is used in these Terms and Conditions, it shall be construed according to its everyday usage. The use of the word “customer” when referring to eligible counterparties shall not have the effect of bringing such clients within the definition of Customer as provided in the Glossary of Definitions.

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