Second, while the deceptive representations were presented in a prominent and emphasized manner and by narrating in a decisive voice against the background of colors, inviting music, and graphs, the text was presented in the document in a very modest manner. As noted, the text was compressed into two pages written in small English letters that were displayed in the margins of the landing page or were displayed for a few seconds in some of the crabs, in such a way that even those who are proficient in English find it difficult to read them immediately (and it should be noted that the evidence shows that the majority of the customers are not proficient in English and are required to assist the defendant in filling out the questionnaire). This conduct does not indicate the defendant's desire to present correct representations, but rather to cleverness and an attempt to fulfill his duty in a forced manner.
Third, the defendant's interrogation shows that the said text was copied by the defendant from some website (not Pepperstone) that he found in an Internet search, and the defendant attributed the letter"V" to it by "copying and adaptation" as he put it (P/2, p. 335, s. 14 onwards to p. 336). As a result, it became clear that some of the text was not at all relevant to the format of the relationship with his clients (P/2, p. 341, paras. 22 onwards). Thus, for example, Section 6 mentions the limitation of liability (the alleged defendant) regarding the stability of banks, institutions, brokers, legal advisors, accounting firms, and other related entities. The document also stated that the defendant would screen the investors, but it turns out that he did not do so and his explanations that he filtered the clients were found to be manifestly unreliable (P/2, p. 336, paras. 18-341).
Fourth, it should be remembered that the defendant marketed the investment in conjunction with the robot, which is not related to Pepperstone but was presented as a unique tool developed by him, and it is clear that the same document is not relevant to the platform that integrates the performance of the robot.
- The questionnaire. In the process of opening an account in Pepperstone, each client is required to answer a number of questions (see the defendant's demonstration in video P/14). The purpose of the questionnaire is to present the client with the risks of trading in the account and even to present the possibility that he may lose all his money. The fact that the clients "passed" the questionnaire does not exempt the defendant from liability.
First, the representations made by the defendant to the customers are inconsistent, not to mention contradict the warnings contained in the questions addressed to the customers during the opening of the account. Contrary to what the questionnaire was intended to warn, the defendant instilled in the investors the feeling that this was not a special risk (see, for example, Testimony of ASA - March 8, 2023, p. 312, paras. 1-12; Yechiel - P. 22.6.2023, p. 357, paras. 16-23; Kehat - P. 26.2.2023, p. 197, paras. 10-14; Khoury - P. 13.2.2023, p. 154, paras. 6-12; Harel - February 26, 2023, pp. 241-242; File - February 26, 2023, pp. 216-217).