Terms & Conditions

Preamble: Your Agreement to These Terms

Welcome to One Africa Markets (“OAM,” “we,” “us,” or “our”), a leading provider of innovative financial services. This document, including all of its sections, schedules, and appendices, constitutes a legally binding agreement between you, the user, client, or entity (“you” or “your”), and OAM. These Terms & Conditions (“Terms”) meticulously govern your access to and use of our digital ecosystem, which includes our official website located at https://www.oamarkets.com, our proprietary mobile applications, all associated platforms, content, tools, and related services (collectively, the “Services”).

By accessing, registering for, or using any part of our Services, you are explicitly acknowledging that you have read, understood, and unreservedly agree to be bound by every provision of these Terms. If you do not agree with any part of this agreement, you must immediately cease all use of our Services. Your continued use of the Services shall be deemed as your unequivocal acceptance of these Terms.

1. Definitions and Interpretations

To ensure clarity and avoid ambiguity, the following terms shall have the meanings ascribed to them below:

• “User,” “you,” “your”: Refers to any natural person, corporate entity, financial institution, or other legal entity that accesses, interacts with, or uses our Services.
• “Content”: Encompasses all data, information, reports, analyses, charts, graphical representations, text, logos, APIs, software, databases, and any other materials furnished by OAM.
• “Account”: A personalized, registered profile created by a User, following a successful verification process, to gain access to the restricted functionalities and services offered by OAM.
• “Authorized Jurisdiction”: A country, territory, or geographical region where OAM is duly licensed, registered, or otherwise authorized by the relevant regulatory body to operate and provide its Services.
• “Financial Instruments”: A broad term including, but not limited to, government securities, sovereign bonds, foreign exchange (FX), commodities, financial derivatives, and tokenized financial instruments.
• “KYC/AML Requirements”: The comprehensive set of procedures and protocols for Know-Your-Customer (KYC) and Anti-Money Laundering (AML) compliance, as mandated by international and local laws.

2. Eligibility and Representations

To be eligible to use our Services, you must satisfy the following criteria:

• Age Requirement: You must be at least 18 years of age or have reached the legal age of majority in your jurisdiction, whichever is greater.
• Legal Capacity: You represent and warrant that you possess the full legal authority and capacity to enter into a legally binding contract under the laws of your jurisdiction.
• Institutional Use: If you are acting on behalf of a corporation, partnership, or any other legal entity, you hereby represent and warrant that you are a duly authorized representative of that entity and have the power to bind it to these Terms.
• Jurisdictional Compliance: Your access to the Services is predicated on the condition that such access and use are not prohibited by the laws of your jurisdiction. You bear the sole and ultimate responsibility for ensuring compliance with all local, national, and international laws, statutes, and regulations.

3. Regulatory Status and Professional Disclaimers

OAM operates as a regulated financial services provider. We are licensed and supervised by various regulatory authorities in our jurisdictions, including, but not limited to, central banks, securities commissions, and financial services commissions.

• No Investment Advice: The information and content provided on our platforms are for informational purposes only and are not, under any circumstances, to be construed as financial, investment, tax, or legal advice. We do not provide personalized recommendations or endorsements of any financial instrument.
• No Solicitation: Nothing contained within the Services constitutes an offer or solicitation to buy or sell any security, derivative, or other financial instrument unless such an action is explicitly authorized and communicated by a licensed OAM representative.
• Jurisdictional Restrictions: Due to the nature of global financial regulations and our specific licensing constraints, the availability of certain Services, products, and financial instruments may be restricted or entirely unavailable to Users in specific jurisdictions.

4. Account Registration and Security Protocols

To access the full suite of our Services, you must complete the registration process and successfully pass our mandatory KYC verification.

• Accurate Information: You agree to provide and maintain information that is truthful, accurate, complete, and up-to-date. Any misrepresentation or provision of false information may result in the immediate suspension of your Account.
• Confidentiality: You are solely responsible for maintaining the confidentiality and security of your login credentials, including your username and password. You must not share these credentials with any third party.
• Account Liability: You are fully responsible for all activities conducted under your Account, whether or not such activities were authorized by you. You must immediately notify OAM of any suspected or actual unauthorized use of your Account.
• Security Measures: OAM reserves the right to implement additional security measures, including multi-factor authentication, and to suspend or terminate an Account if any fraudulent, suspicious, or unlawful activity is detected.

5. Know-Your-Customer (KYC), AML, and Compliance Framework

Our commitment to combating financial crime is paramount. We adhere to the highest standards of international and local AML/CFT laws.

• Customer Due Diligence: All Users must undergo a thorough Customer Due Diligence (CDD) and, where applicable, Enhanced Due Diligence (EDD) process.
• Request for Information: We reserve the right to request additional information, documentation, or clarification from you at any time to fulfill our regulatory obligations.
• Suspicious Activity Reporting: OAM is legally obligated to report any suspicious activities or transactions to the relevant regulatory and law enforcement authorities without any prior notification to the User.
• Non-Compliance: Failure to fully comply with our KYC/AML requirements, including the provision of requested documents, may result in the suspension, freezing of assets, or permanent termination of your Account.

6. Permissible Use and Prohibited Activities

Your use of our Services is subject to the following strict conditions:

• Lawful Purposes: You shall not use the Services for any unlawful purpose, including, but not limited to, money laundering, terrorism financing, sanctions evasion, or any form of financial crime.
• Technical Integrity: You shall not copy, reverse-engineer, decompile, or otherwise exploit any part of our technology, software, or Content without explicit written authorization.
• Automated Access: The use of automated tools, such as bots, crawlers, or scrapers, to access, extract data from, or interact with our Services without express permission is strictly prohibited.
• Market Conduct: You are expressly prohibited from engaging in any form of market manipulation, insider trading, spoofing, wash trading, or any other abusive trading practice.

7. Intellectual Property Rights

All intellectual property rights, including copyrights, trademarks, patents, and trade secrets, in and to the Services and all Content, are the exclusive property of OAM or its licensors.

• Limited License: OAM grants you a limited, non-exclusive, non-transferable, and revocable license to use the Services and Content solely for your personal or internal business purposes.
• Restrictions: You are not permitted to distribute, modify, reproduce, or resell any of the Content without our prior written consent.

8. Services and Products Disclaimer

OAM provides data, analysis, and access to financial instruments. These do not provide a guarantee of profitability.

• No Warranty: While we strive for accuracy, OAM provides no warranty, explicit or implied, regarding the accuracy, completeness, or timeliness of the data, analysis, or Content.
• Market Risks: You acknowledge and agree that all trading and investment activities carry inherent risks, including the risk of substantial financial loss.
• Past Performance: Past performance of any financial instrument is not a reliable indicator of future results.

9. In-Depth Risk Disclosure

By utilising our Services, you fully comprehend and accept the following risks:

10. Fees, Charges, and Tax Obligations

• Fee Structure: Details regarding our fees, commissions, spreads, and other charges will be transparently disclosed to you prior to the execution of any transaction.
• Fee Amendments: OAM reserves the right to modify its fee structure at any time. We will provide reasonable notice of such changes.
• Tax Compliance: You are exclusively responsible for all taxes, including income taxes, capital gains taxes, and any other applicable taxes, that may arise from your use of the Services.

11. Privacy and Data Protection

The privacy and security of your personal data are of the utmost importance to us.

• Compliance: We collect, process, and store personal data in strict compliance with applicable data protection laws, including the, e.g., Ghana Data Protection Act, 2012 (Act 843). Our comprehensive Privacy Policy, which is incorporated by reference into these Terms, details our practices.
• Data Transfers: You consent to the cross-border transfer of your data, provided that such transfers are subject to appropriate legal safeguards.
• Monitoring: You consent to the monitoring and storage of your communications and transactions with us for regulatory compliance and security purposes.

12. Third-Party Links and Services

Our Services may contain links to third-party websites or services that are not controlled by OAM. We do not endorse or make any representations about these third-party platforms. Your use of such services is at your own risk.

13. Limitation of Liability and Exclusions

To the maximum extent permitted by law, OAM, its directors, officers, employees, affiliates, and licensors shall not be liable for any indirect, incidental, consequential, punitive, or special damages, including, but not limited to, loss of profits, data, or goodwill. Our total aggregate liability for any claim shall not exceed the total fees paid by you to OAM in the twelve (12) months immediately preceding the event giving rise to the claim. We are not responsible for any failures resulting from system downtime, cyber-attacks, or other force majeure events.

14. Indemnification

You agree to fully indemnify, defend, and hold harmless OAM, its officers, directors, employees, affiliates, and licensors from any and all claims, liabilities, damages, costs, and expenses (including reasonable legal fees) arising from:

• Your breach of any provision of these Terms.
• Your misuse or unauthorized use of the Services.
• Your violation of any applicable law or regulation.

15. Suspension and Termination

OAM reserves the unilateral right to suspend or terminate your Account and access to the Services at any time, with or without notice, if:

• It is required by law or a regulatory directive.
• We detect fraudulent activity, misconduct, or a material breach of these Terms.
• Your Account has been inactive for an extended period.

Termination does not relieve you of any obligations or liabilities that accrued prior to the date of termination.

16. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Republic of Mauritius, being the principal place of incorporation of OA Group without regard to its conflict of law principles.

• Initial Resolution: The parties agree to first attempt to resolve any dispute arising from these Terms through amicable negotiation or mediation.
• Binding Arbitration: If the dispute remains unresolved after such negotiation or mediation, it shall be settled by final and binding arbitration administered by London Court of International Arbitration (LCIA) in Mauritius. The arbitration shall be conducted in the English language.
• Jurisdiction: The courts of the Republic of Mauritius shall have exclusive jurisdiction over any matter where arbitration is deemed unenforceable.

17. Global Sanctions and Export Controls

You are prohibited from using the Services if you are a citizen, resident, or entity located in a country subject to sanctions or embargoes imposed by the United Nations, European Union, Office of Foreign Assets Control (OFAC), or any local authorities. OAM may restrict services to sanctioned jurisdictions without prior notice.

18. Force Majeure

OAM shall not be held liable for any delay or failure in performance caused by events beyond its reasonable control, including but not limited to acts of God, war, terrorism, government actions, pandemics, cyber incidents, or infrastructure failures.

19. Amendments to These Terms

OAM reserves the right to amend these Terms at any time. We will post the updated version on our website with a new “Effective Date.” Your continued use of the Services after the posting of the amended Terms constitutes your full acceptance of the revised agreement.

20. Entire Agreement and Severability

These Terms, along with our Privacy Policy and any other legal notices, constitute the entire agreement between you and OAM. If any provision is deemed invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

21. Contact Information

For any questions, concerns, or requests related to these Terms, please contact our legal department at:

• Email: legal@oamarkets.com
• Website: https://www.oamarkets.com