Cyber Security Notice
Axis Fund attests that personally identifiable information and customer information stored on our systems is protected as follows:
Axis Fund Internet-facing servers are protected from access through firewalls and/or other security devices.
The firm’s critical servers reside on isolated networks that have no direct Internet access.
Axis Fund internal systems that store customer personally identifiable information locks people out of internal systems after a few unsuccessful login attempts.
Access to shared drives is restricted to active employees and pre-authorized individuals on a “need to know” basis within Axis Fund through password-protected logins to the network.
Encryption technology is employed for data transmissions across public networks and on portable media devices.
System backups reside either in secure facilities at Axis Fund or in secure storage provided by a third party specializing in secure information management.
Personally identifying information is generally not stored on laptop computers or other portable devices. Further all data stored on laptop hard drives is encrypted.
All end-station computers use antivirus software that is regularly updated.
Operating System security patches are applied to all systems on a regular basis.
Employees are trained on the requirements to protect personal information.
Axis Fund has adopted written policies and procedures, reasonably designed to protect personally identifiable information.
Axis Fund further attests that should a breach occur, management will promptly take action to secure information, mitigate the breach, and notify, on a timely basis, any customers whose personally identifiable information could have been compromised.
Know Your Customer (KYC) and Anti-Money Laundering (AML) Policy and Procedures.
It is the policy of Axis Fund (the “Company”) to prohibit and prevent money laundering and any activity that facilitates money laundering or the funding of terrorist or criminal activities by complying with all applicable legal requirements of Australia.
Money laundering is generally defined as engaging in acts designed to conceal or disguise the true origins of criminally derived proceeds so that the proceeds appear to have derived from legitimate origins or constitute legitimate assets. Terrorist financing may not involve proceeds of criminal conduct but is rather an attempt to conceal either the origin of the funds or their intended use.
Although the motivation differs between traditional money launderers and terrorist financiers, the actual methods used to fund terrorist operations can be the same as or similar to methods used by other criminals to launder funds. Funding for terrorist attacks does not always require large sums of money and the associated transactions may not be complex.
Our AML policies, procedures and internal controls are designed to ensure compliance with all applicable regulations, rules and laws and will be reviewed and updated on a regular basis to ensure appropriate policies, procedures and internal controls are in place to account for both changes in regulations and changes in our business.
The Company operates in compliance with ‘anti-money laundering (“AML”) and ‘know your customer’ (“KYC”) rules and regulations in the jurisdictions it operates in or sells products or services to and has developed the given KYC and AML Policy to protect itself from involvement in money laundering or suspicious activity as follows:
-The Company is performing an enterprise-wide risk assessment to determine the risk profile of the Company.
-The Company has established KYC and AML policies and procedures that have been reviewed and approved by the Company’s Board of Directors (the “Board”).
-The Company is implementing internal controls throughout its operations designed to reduce risks of money laundering, including designating a person responsible for AML compliance.
-The Company performs know your customer (“KYC”) procedures on all token sale purchasers.
POLICIES AND PROCEDURES
1. Purchaser Identification (Know Your Customer)
The Company collects identifying information on each purchaser in its token sale. The Company shall collect the following information about each purchaser:
-Copy (front and back) of ID
-Data collected from ID: Date of birth, Nationality, ID scan
-Personal photograph (with ID in Hand)
-A Description of Source of Funds
-PEP checks with filters like World check
2. Contributor Eligibility
-The Company shall not accept purchasers (individuals or entities) who are not at least eighteen (18) years of age or purchasers from the following jurisdictions (the “Prohibited Purchasers”):
-United States – Individuals or entities from or residing in the United States, including American Samoa, Guam, Northern Mariana Islands, Puerto Rico, U.S. Virgin Islands, or any entity organized or incorporated under the laws of the United States. U.S. citizens living abroad may also be deemed “U.S. Persons” under certain rules.
The Company explicitly prohibits the Prohibited Purchasers in its Token Sale Terms and Conditions (the “T&C”).
Any purchasers that purchase tokens in violation of the T&C shall be deemed invalid and such purchasers shall have their purchase amount returned to them at their expense.
3. Appointment of an AML Compliance Person – Designation and Duties
The Company is in the process of designating a compliance person to be its Anti-Money Laundering Program Compliance Person (AML Compliance Person), with full responsibility for the firm’s AML program. The duties of the AML Compliance Person will include monitoring the firm’s compliance with AML obligations, overseeing communication and training for employees.
The AML Compliance Person will also ensure that the firm keeps and maintains all of the required AML records and will ensure that suspicious activity reports are filed. The AML Compliance Person is vested with full responsibility and authority to enforce the firm’s AML program.
Customer Identification Program Notice
To help fight the funding of terrorism and money laundering activities, the law requires all financial institutions to obtain, verify and record information that identifies each person or entity who opens an account. We are required by law to ask you to provide your name, address, date of birth and other information about you, your organization or persons related to your organization that will allow us to identify you before we approve your account. We also may ask you to provide certain identifying documents, such as your driver’s license or passport or your organization’s articles of incorporation and may obtain credit and other consumer reports to assist us in verifying your identity and in determining whether you satisfy our account criteria. Unless you provide the requested information and documentation, we may not be able to open your account.
By applying for an Axis Fund account, you agree to provide the information and documentation requested by Four Axis Fund and consent to Axis Fund acquisition of credit and other consumer reports about you for the purposes described above. The Company has the right to refuse in providing services in the case of death, bankruptcy, disability or incompetence of the Client.
Risk warning statement
It is important that you read and understand this Risk Warning Statement (“Risk Warning Statement”) before accepting it. Before starting to utilize our System, you should understand that investment and trading on various markets pertain certain risks. This Risk Warning Statement cannot and does not disclose all risks and other aspects related to our System or utilizing our System.
For the avoidance of doubt, the Company does not provide any investment advice regarding any instruments traded through its System or otherwise. The Company may provide information on the price, range, volatility of certain instruments, but this is not considered an investment advice and should not be construed as such. Any opinions, news, research, analyses, prices, or other information contained in the System are provided as general market commentary, and do not constitute investment advice.
The market for various instruments may be volatile and uncertain. It is important that you comprehend the risks associated with trading on a market as fluctuations in the price of the underlying market may have an effect on the profitability of the trade. You should monitor positions on your User Account at all times, as you are solely responsible for this. We are not responsible for monitoring positions on your User Account. You should bear in mind that any past performance, simulation or prediction is not indicative of future performance. Therefore, you cannot and must not make any assumptions as to future performance based on any past performance, simulation or prediction. Some of the instruments may not become immediately liquid as a result of reduced demand, and you may not be able to obtain the information on its value or the extent of the associated risks. Under certain trading conditions it may be difficult or impossible to liquidate a position at all. You should be aware that the Company makes no representations or warranties about whether a certain instrument that may be traded through the System may be traded through the System at any point in the future, if at all. You should realize that you may lose all your initial investments and, in some cases, you may also incur losses that exceed your initial investments.
RISK ATTRIBUTABLE TO USING TECHNOLOGY
There are certain risks attributable to utilizing an Internet-based software including, but not limited to, the failure of hardware, software, Internet connections, computer viruses and cyberattacks. You acknowledge that the Company shall not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using our System. While trading through our System errors might occur. You should be aware of the risks that may result from any System failure which could mean that your order may be delayed or fail. You may be prevented from sending a transaction request, or your transaction request or email may not be received by the Company or the System, due to hardware, software or Services issues (including, without limitation, Internet and other network connectivity issues). Unauthorized third parties may access or use your User Account and effect transactions without your knowledge or authorization, whether by obtaining the password to your User Account, obtaining control over another device or account used by you in connection with any enhanced security measures enabled for your account, or by other methods.
Some legal risks are attributed to instruments traded through our System. You are responsible for knowing and understanding how various instruments you trade will be addressed, regulated, and taxed under applicable law. Tax treatment of your trading activities may vary from jurisdiction to jurisdiction and depends on your individual circumstances. It may also be subject to change in future. It is your responsibility to fairly and promptly report all your income associated with your activity using the System pursuant to Applicable Law and pay any and all taxes and fees imposed thereon. You should be aware that the Company is not a tax agent. Some of the financial instruments may be differently construed by law in various jurisdictions. Moreover, their treatment by law in the same jurisdiction may be subject to change. Changes in taxation and other laws, government, fiscal, monetary and regulatory policies may have a material adverse effect on your dealings with various financial instruments.
COMMISSIONS AND OTHER CHARGES
Before you begin to trade, you should make yourself aware of all commissions and other charges for which you will be liable. If any charges are not expressed in monetary terms (but, for example, as a percentage of contract value), you should ensure that you understand the true monetary value of the charges.
You should be aware that financial instruments denominated in currencies other than your home currency have the additional risk associated with currency fluctuations. You should know how various risk factors can affect your trading strategies and how other market and risk factors can affect your investments and seek advice of a qualified attorney or independent financial adviser before deciding whether our Services and System are suitable for you.
Improper And Prohibited Trading
If Axis Fund determines, that you during your trading are engaged in the following activity(ies), Axis Fund without prior notice reserves the right to determine such situation at its sole discretion as Improper\Prohibited Trading, consequently Axis Fund reserves the right to determine transactions related to such activity(-ies) as Invalid Transactions.
The activities are as follows:
Illegal actions with usage of multiple IP addresses to conduct DDoS attack;
Making an order which duration is less than five minutes, meaning scalping;
Using external or third-party programs in trading;
Using any means in order to make price latency on our system;
Placing orders based on manipulated prices;
Coordinated transactions by, or in conjunction with other parties for taking advantage of system errors and delays;
Placing future “buy-stop” or “sell-stop” orders within one hour prior to the release of financial data.
If determines such Improper\Prohibited Trading and transaction(-s) are determined as Invalid Transactions, Axis Fund reserves the right to deduct any profit or loss generated directly or indirectly from the trades in addition to the commission, in addition to exercising its right to cancel any improper orders without prior notice to you. Customers of Axis Fund herein acknowledge and agree that upon the final determination in relation to whether the situation constitutes Improper\Prohibited Trading and Invalid Transactions after the detailed investigation of the account, Customers are required to fully obey without any objection.
Axis Fund is purposed to provide the most efficient trading liquidity available in the form of streaming, tradable prices for most of the financial instruments we offer on the trading platform. As a result of the highly automated nature of the delivery of these streaming, tradable prices, you acknowledge and accept that price misquotations are likely to occur from time to time. These misquotations, which may include ‘off market’ pricing, can occur at any time without notice to you or otherwise disrupt your trading experience. Axis Fund has the right but not the obligation to inform you of the fact after you have traded using off market prices or misquotations. Axis Fund reserves the right to cancel or adjust trades conducted on misquotations and off market prices so as to reflect the actual prices that would have applied to the trade. If it is determined that you execute trading strategies with the objective of exploiting such misquotations or off market pricing or otherwise in a manner that is inconsistent with fair market practice, Axis Fund has the right to determine that as Improper\Prohibited Trading also and consequently at its sole discretion may determine orders as Invalid Transactions. When an order is determined as Invalid Transaction, then Axis Fund will have the right to:
-adjust the price spreads available to you;-restrict your access to streaming, instantly tradable quotes, including providing manual quotation only;
-reject an order or to cancel a trade;
-adjust prices to reflect actual market prices;
-immediately terminate our trading relationship with written notice.
You have full right to withdraw your funds from your account at any time when it is necessary for you. In order to withdraw your money from your trading account, you need to make sure that your account has been verified. Verification of your identity and verification of your account is a requirement of the KYC (Know Your Customer) policy. Funds can be withdrawn by you from your trading account provided that such funds are not used to obtain margin and that these funds do not belong to our company, namely that they are not a bonus, credit or company commission. To withdraw funds, you need to make a request for withdrawal of funds in your personal account of our company. Please note that when withdrawing funds from your account, you need to pay a commission of 1% of the withdrawal amount, which is necessary to cover the fees that the Company pays payment processors for a successful and quick withdrawal procedure. By making a request for withdrawal of funds on the company’s website, you declare and confirm that you are informed and agree to pay a 1% commission for withdrawal of funds. As soon as your request for withdrawal of funds is approved and processed, the request will be sent to the bank for execution and the funds will go to the credit card or other source from which it was debited or to the source, which will be determined at the Company’s discretion and will provide the client with a guarantee receiving funds. Withdrawals will only be made to the source that is registered in your name. Please note that some banks and credit card companies may take time to process payments, especially in those currencies where the correspondent bank is involved in the transaction.
Please note that the failure of the client to complete verification procedures to meet the rules of the Company may affect the ability of the client to withdraw funds. If you request a withdrawal of funds without paying a commission on profits received with the help of the company, this may affect the ability of the client to withdraw his funds. If you request a withdrawal of money from your account, and we cannot execute it without closing part of your open positions, we will not fulfill the request until you close a sufficient number of positions so that you can make a withdrawal. In order to process your withdrawal request, make sure that the funds, namely the realized balance of funds remaining in your account after withdrawal, is at least two times the used margin.
Transmission of information to Affiliated Company
We can share the confidential information mentioned above with our business partners to improve the service quality and inform customers about new services of the Axis Fund The list of partners includes companies that we own or manage.
Transmission of information to third parties
Transmission of Information to Governing Bodies
In exceptional cases, Axis Fund may disclose customer’s personal information to third parties if such disclosure is required by applicable law or other regulations. For example, we will have to disclose personal information to comply with court orders or official inquiries, as well as in the case of the protection of our rights and property.
Refusal to Provide Information
You have the right to refuse to provide information requested by our experts. In this event, we cannot give you full support and guarantee quality service for your accounts, since we have to make sure all the information you provide is absolutely accurate and inform you in timely manner of any changes in your information.
Instructions how to opt-out
You can opt-out of Axis Fund email marketing, by following the instructions included in email messages. Exception applies to the messages, which are related to making payments and the information about the latest services from Axis Fund that you cannot opt-out of. You can also use email to send us your requests relating to marketing materials and your right to forward these materials to third parties with marketing purposes.