1.1 These General Terms and Conditions (“Terms”) apply to the relationship between Van Sterling Capital Ltd., 168 St. Christopher Street, VLT 1467 Valletta, Malta (hereinafter also referred to as “Van Sterling”), as operator of the Online Portal https://vansterling.com and its customers.
1.2 These terms and conditions apply exclusively; any general terms and conditions of the customer shall only apply if and to the extent that Van Sterling expressly acknowledges them in writing. In particular, the silence of Van Sterling on such deviating terms and conditions shall not be deemed recognition or approval, including future contracts.
1.3 If individual agreements have been made with the customer in individual cases, these have priority over these GTC. The content of such agreements is governed by a written contract or the written confirmation of Van Sterling.
1.4 Legally relevant declarations and advertisements which are to be submitted by the customer to Van Sterling after the conclusion of the contract (e.g. setting of deadlines, termination, etc.) must be in writing in order to be valid.
2. Business activity of Van Sterling
Van Sterling is a Financial Services Institution licensed by The Malta Financial Services Authority (MFSA), Notabile Road, BKR3000, Attard, MALTA to provide financial services. In addition, Van Sterling is a member of the Malta compensation scheme.
3. Investment and contract brokerage
3.1 Van Sterling, as an investment intermediary, establishes contact between interested investors and a provider of financial instruments, such as a bank, broker, investment company or asset management company (“Product Provider”), and arranges for transactions on the basis of individual orders to be given by the client on the acquisition and sale of financial instruments to the respective product provider.
3.2 Depending on the nature of the brokered transaction, a brokerage contract will be concluded between Van Sterling and the customer. This mediation agreement can be concluded both in writing and orally. The prerequisite for the conclusion of the contract is in any case the customer application completed and signed by the customer. The contents of this contract and the resulting reciprocal rights and obligations are described in the following sections.
3.3 Within the framework of the brokerage contract, a contract is concluded for the provision of financial services between the customer and the respective product provider. Contractual partners of these contracts are exclusively the customer and the respective product provider. For the legal relationship between the customer and the product provider, only the contract and general terms and conditions of the respective product provider apply.
3.4 Van Sterling is not involved in the brokerage of financial instruments in the contractual relationships between the respective product provider and the customer itself and under no circumstances vicarious agent and / or representative of the respective product provider. The orders of the customers regarding the purchase and sale of financial instruments are made exclusively and directly to the respective product provider, whereby the customer and the respective product provider alone are responsible for their execution.
3.5 In the brokerage, Van Sterling does not provide any consulting services (execution only) to the customer.
3.6 Insofar as Van Sterling provides customers with information material on individual financial instruments, this does not constitute investment advice, but merely serves to facilitate the client’s independent investment decision. Van Sterling assumes no liability for the completeness and accuracy of the information provided.
3.7 All legal obligations to clarify, transmit information or other obligations in relation to the purchase and sale of financial instruments are the sole responsibility of the respective product provider. Information on financial instruments available on the portal does not constitute a buy recommendation, risk classification or other valuation of the respective financial instruments by Van Sterling. The customer hereby exempts Van Sterling from any claims due to non-delivery or incorrect transmission of the information.
3.8 There is no legal or tax advice from Van Sterling.
3.9 The services offered by Van Sterling – in particular the free assistance in the technical use of online tools (Trader Workstation, Web Trader etc.) via telephone, video, Internet and live training, Internet coaching etc. (“Support”) and the reports and (market) analyses offered gratuitously by Van Sterling via the portal or in any other way, as well as forums, free newsletters, chats, live trading or other information (“Market Information”) – are not part of the brokerage agreement between the customer and Van Sterling and may therefore be discontinued by Van Sterling at any time without notice or notice to the customer.
4. Asset management
Further, Van Sterling may, at the request of the customer, enter into further agreements between the customer and Van Sterling as asset managers and signal providers, which will result in separate terms and conditions and legal fees as well as fees. Van Sterling Capital Ltd. offers its clients various forms of asset management, managed accounts as well as the receipt of trading signals. Private and institutional investors decide how they want to allocate and manage their assets to any strategies, taking personal risk profiles into account. The portfolios created will be managed by Van Sterling Capital Ltd. continuously monitored and managed for the customer.
5.1 For the conduct of the trade in financial instruments costs and fees are charged by the respective product provider. The amount of the costs and fees depends on the contract concluded between the customer and the respective provider.
5.2 Van Sterling does not incur any additional fees or commissions charged in connection with the brokerage activity. The customer pays the fees and commissions agreed with the product provider, and Van Sterling receives compensation for its services from the respective product provider. The customer renounces in this respect on a possible release claim.
5.3 If the customer makes use of special services of Van Sterling, e.g. asset management or the purchase of trading signals, fees will be charged. The amount and nature of these charges is set out in a separate agreement between the customer and Van Sterling Capital Ltd. determined in individual cases.
6. Duties of Van Sterling
6.1 Due to the agency agreement, Van Sterling is obliged to forward the customer order to the respective product provider.
6.2 Van Sterling is not obliged to successfully provide the service desired by the customer through a product provider or to provide the service itself.
7. Risk Warnings
7.1 When acquiring and disposing financial instruments, there is a high level of risk to the customer’s assets, including a total loss of capital and further losses. The completion of such transactions requires in-depth knowledge of these financial instruments or in-depth technical advice.
7.2 The reports and analysis provided by Van Sterling and the information provided by Van Sterling on the Portal or through newsletters, forums, chats and live trading are based on information Van Sterling received from third parties. Van Sterling makes every effort to provide the information in a timely and error-free manner, but to the extent permitted by law, assumes no warranty, commitment or liability. In particular, in the forums and in the chat, information from third parties can be set directly without any intervention by Van Sterling. Van Sterling has no control over this information and is not liable for information provided by third parties. In particular, all information relating to certain financial instruments does not constitute an invitation to buy, sell or hold the financial instrument described. They do not justify any individual advice or information relationship.
8.1 Insofar as nothing to the contrary arises from these General Terms and Conditions, including the following provisions, Van Sterling shall be liable in the event of a breach of contractual and non-contractual obligations in accordance with the relevant statutory provisions.
8.2 Van Sterling shall be liable for damages – for whatever legal reason – in the case of intent and gross negligence. In the event of ordinary negligence, Van Sterling shall only be liable a) for damage resulting from injury to life, limb or health; b) for damage resulting from the breach of a material contractual obligation (i.e. an obligation the fulfilment of which is the proper performance of the contract only possible and on the compliance of which the customer regularly trusts and may trust); however, liability of Van Sterling is limited to compensation for foreseeable, typically occurring damage.
8.3 Despite high technological standards, the accessibility of the online portals of Van Sterling Capital Ltd. can not be guaranteed. Van Sterling is only liable for damages resulting from faulty hardware and software if the cause of the damage is attributable to the business sphere of Van Sterling and intent or gross negligence on the part of Van Sterling. Van Sterling is not liable for the fault of a third party.
8.4 Van Sterling has basically no influence on the completeness, content, correctness and timeliness of the price information and therefore assumes no liability for them. The trading of the customer with financial instruments is handled by the respective product provider. In the case of disruptions of data transmission, in particular in the form of incomplete, delayed, incorrect or other erroneous transmission, Van Sterling shall only be liable to the extent that the cause of this incorrect transfer is attributable to the business sphere of Van Sterling and intent or gross negligence on the part of Van Sterling. Van Sterling is not liable for the fault of a third party.
8.5 The above exclusions or limitations of liability also apply with regard to the liability of Van Sterling employees, employees, employees, representatives and vicarious agents, in particular in favour of the shareholders, employees, representatives, bodies and their members regarding their personal liability.
9. Changes to the Terms
Changes to these terms and conditions will be announced to the customer in writing or by email. They shall be deemed approved if the customer does not object to them in writing or by electronic means of communication within six weeks of receipt of the changes. Van Sterling will particularly point out this episode to the customer. Decisive for the period is the sending of the objection.
10. Final provisions
10.1 These terms and conditions and all legal relationships between Van Sterling and the customer are governed exclusively by the law of Malta.
10.2 If the customer is a merchant and the disputed business relationship is attributable to the business of his commercial business, the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is the domicile of Van Sterling in Valletta, Malta. However, Van Sterling is also entitled to file suit at the customer’s place of general jurisdiction.
10.3 Changes to the contract through individual contractual agreements are informal. Incidentally, changes and additions to these terms and conditions as well as side agreements require the written form. This also applies to a waiver of this written form clause.
10.4 Should one of the above provisions be or become ineffective, the validity of the remaining provisions remains unaffected. The contracting parties are obliged to replace the ineffective provision by a provision which is as similar as possible in economic success.