1. GENERAL PROVISIONS
1.2. Client who chooses the services of the Company or otherwise interacts with the Company, fully agrees to all the terms and conditions of all the publicly proclaimed documents. He/she shall immediately cease all interaction with the Company, if disagreeing with any article (section, part) of any public document of the Company.
1.3. The present Agreement determines the rights and responsibilities of the parties involved (the Company, the Clients and third parties) that come into existence, when information materials of any kind or format, published by the Company on its proper official Website, which is publicly available at https://fxtrade.services, are transferred, broadcast or published in any other way.
1.4. In terms of the present Agreement legal units or individuals, who receive information from the Company's Web-server, located at the aforementioned address, or the Company's trading server, and use the information in any way, are considered as information users.
2. BASIC DEFINITIONS
2.1. The following terminology used in the present Agreement has the indicated meaning, if not otherwise stipulated in the present Agreement:
2.1.1. The Company's Web-server is a software and hardware system connected to the Internet and capable of providing information upon request. Herewith, in order to receive information from the Web-server, prior authorization may or may not be required from the Client (information user), however, the provisions of the present Agreement equally apply to information transmitted via open channels, without authorization, and via secure channels, if provided authorization is successful.
2.1.2. The Company's Trading Server is a software and hardware system connected to the Internet and capable of providing a certain amount of information upon request, if provided authorization is successful. In particular, the information may include the financial instruments quotation flow and economic news.
2.1.3. The process of receiving information by a user refers to data received from the Company's server (or other transmitting device or system) by the Client's hardware (if the provided hardware is connected to the Internet or other communication channels). With regards to the information dissipated (reproduced) on hard copies, this is (a) process(es) connected with acquisition, reading and understanding of information.
2.1.4. Information or data represented in electronic or other forms: texts (having any nature and content whatsoever, including encrypted texts, such as scripts, passwords, etc.), images, design elements and photos, as well as audio and video records.
2.1.5. Information usage refers to the possibility of viewing data using software installed on Client's hardware (client terminal, browser, etc.) or the possibility of converting, copying, duplicating, or transferring to other carriers or to transforming (in particular, production of hard copies), duplicating and deleting this information by whatever means. The transfer of the data to third-parties by any means is also considered information usage.
2.2. Capitalized terms not otherwise defined in these Terms will have the following meaning:
2.2.1. "External Account" means any Financial Account or Digital Asset Account: (i) from which you may load Funds into your FxTrade Account, and (ii) to which you may push Funds from your FxTrade Account.
2.2.2. "Financial Account" means any financial account of which you are the beneficial owner that is maintained by a third party outside of the Services, including, but not limited to third-party payment service accounts or accounts maintained by third party financial institutions.
2.2.3. "Funds" means Digital Asset and/or Legal Tender.
2.2.4. "Legal Tender" means any national currency, such as euros, that may be used in connection with a purchase or sale of Digital Assets via the Services, and does not include any Digital Asset.
2.2.5. "FxTrade Account" means a user account accessible via the Services where Funds may be stored by FxTrade on behalf of a user.
2.2.6. "Digital Asset" means Gulden that may be purchased, sold or traded via the Services.
2.2.7. "Digital Asset Account" means any Digital Asset address or account owned or operated by you that is maintained outside of the Services, and is not owned, controlled or operated by FxTrade.
3. ELIGIBILITY AND AVAILABILITY
FxTrade’s service may not be available in all markets and may restrict or prohibit the use of the Services from foreign jurisdictions ("Restricted Locations"). If you are registering to use the Services on behalf of a legal entity, you represent and warrant that (i) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; and (ii) you are duly authorized by such legal entity to act on its behalf.
By registering to use an FxTrade Account (as defined in Section 3 below), you further represent and warrant that you: (a) are of legal age to form a binding contract under applicable law (at least 18 years old); (b) are an individual, legal person or other organization with full legal capacity and authority to enter into these Terms, (c) have not previously been suspended or removed from using our Services; (d) have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party; (e) are not located in, under the control of, or a national or resident of (i) any Restricted Locations, or (ii) any country to which the United Kingdom has embargoed goods or services; (f) are not identified as a "Specially Designated National;" (f) are not placed on the Commerce Department's Denied Persons List; and (f) will not use our Services if any applicable laws in your country prohibit you from doing so in accordance with these Terms.
4. FxTrade Account
In order to engage in any trades via the Services, you must create an FxTrade Account and provide any requested information.
When you create an FxTrade Account, you agree to: (a) create a strong password that you do not use for any other website or online service; (b) provide accurate and truthful information; (c) maintain and promptly update your FxTrade Account information; (d) maintain the security of your FxTrade Account by protecting your password and restricting access to your FxTrade Account; (e) promptly notify us if you discover or otherwise suspect any security breaches related to your FxTrade Account; and (f) take responsibility for all activities that occur under your FxTrade Account and accept all risks of any authorized or unauthorized access to your FxTrade Account, to the maximum extent permitted by law.4.1. Registration of an Account
All Clients must complete any verification procedures requested by FxTrade before using the Services. You agree to provide us with any information we request and permit us to keep a record of such information for a minimum of five years or as otherwise required by applicable laws.
The identity verification information we may request may include, but is not limited to: Your name, address, telephone number, e-mail address, date of birth, taxpayer identification number, a government identification, and information regarding your bank account. Your ability to access and use the Services, in whole or in part, may depend on the information you provide. You confirm that the information you provide is and will be accurate and authentic. You agree to keep your account updated if any of the information you provide changes.
If there is any reasonable doubt that any information provided by you is wrong, untruthful, outdated or incomplete, FxTrade shall have the right to send you a notice to demand corrections, remove relevant information directly and, as the case may be, terminate all or part of the Services to you. You shall be solely and fully responsible for any loss or expenses incurred during the use of FxTrade Service if you cannot be reached through the contact information provided. You hereby acknowledge and agree that you have the obligation to keep all information provided up to date if there are any changes.
You authorize us and our representatives to make any inquiries we consider necessary to verify your identity or protect you, the Services, and/or us, and to take any action we deem necessary based on the results of such inquiries. When we carry out these inquiries, you acknowledge and agree that your personal information may be disclosed to credit reference, fraud prevention, and financial crime agencies, and that these agencies may respond to our inquiries in full.4.3. Account Usage Requirements
Accounts can only be used by the person whose name they are registered under. FxTrade reserves the right to suspend, freeze or cancel accounts that are used by persons other than the persons whose names they are registered under. You shall immediately notify FxTrade if you suspect or become aware of unauthorized use of your user name and password. FxTrade will not be liable for any loss or damage arising from any use of your Account by you or by any third party (whether or not authorized by you).4.4. Account Security
We may require you to meet certain requirements for passwords and two-factor authentication and we may change the requirements with or without prior notice. You are responsible for maintaining adequate security and control of your IDs, passwords, hints, personal identification numbers (PINs), public or private keys or any other codes that you use to access the Services.
You shall be solely responsible for the safekeeping of your FxTrade account and password on your own, and you shall be responsible for all activities under Account and FxTrade will not be responsible for any loss or consequences of authorized or unauthorized use of your Account credentials including but not limited to information disclosure, information posting, consent to or submission of various rules and agreements by clicking on the website, online renewal of agreement, etc.
Any loss or compromise of the foregoing information and/or your personal information may result in unauthorized access to your Account by third-parties and the loss or theft of any digital currency and/or funds held in your Account and any associated accounts. We assume no responsibility for any loss that you may sustain due to compromise of account login credentials due to no fault of FxTrade and/or failure to follow or act on any notices or alerts that we may send to you. In the event you believe your Account information has been compromised, contact FxTrade Support immediately at [email protected].
By creating an FxTrade account, you hereby agree that:
(i) you will notify FxTrade immediately if you are aware of any unauthorized use of your FxTrade account and password by any person or any other violations to the security rules;
(ii) you will strictly observe the security, authentication, dealing, charging, withdrawal mechanism or procedures of the website/service; and
(iii) you will log out from the website by taking proper steps at the end of every visit.4.5. Communications
a. Electronic Delivery of Communications
We will provide these Communications to you by posting them on the Site or through the App, emailing them to you at the primary email address listed in your FxTrade profile, communicating to you via instant chat, and/or through other electronic communication such as text message or mobile push notification.
b. Hardware and Software Requirements: To access and retain electronic Communications, you will need the following computer hardware and software: a device with an Internet connection; a current web browser that includes 128-bit encryption (e.g. Internet Explorer version 9.0 and above, Firefox version 3.6 and above, Chrome version 31.0 and above, or Safari 7.0 and above) with cookies enabled; a valid email address (your primary email address on file with FxTrade); and sufficient storage space to save past Communications or an installed printer to print them.
c. Updating your Information: You understand and agree that if FxTrade sends you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, FxTrade will be deemed to have provided the Communication to you. You may update your information by contacting FxTrade Support at [email protected]. You may be asked to provide personal information to verify your Account.
5. GENERAL OBLIGATIONS OF CLIENTS
5.1. When using information, whether published on the Company's Web-server or broadcast (published) in any other way, the Client shall be given the following rights and responsibilities:
5.1.1. Provide during registration precise, actual and full personal information (to the extent necessary for registration); in the case that there are actual changes in this data (for example, change of residence, surname (for any reason), telephone number or other personal registration data), please make relevant modifications in a timely manner. Registration data may be changed, for instance, by contacting the relevant Company employee via the contact form.
5.1.2 Do not attempt to register a third party on the site, even if this party is aware of or has you asked to do so; consequently, any person who wishes to register on the site shall do so independently.
5.1.3 Make appropriate arrangements to ensure security of the data, which may be used to obtain access (authorization) of any system (service) provided by the Company. This regulation applies to passwords, logins, identification numbers, etc.
5.1.4 Observe effective international laws, as well as legislation within the Client's country with regard to copyright law and intellectual property protection.
5.1.5 Do not attempt to use the Company's Web-server using software with the aim of hindering (or damaging) the operation of the Web-server, its individual service, or cause non-operability of the server and/or its individual service (inaccessibility of server and/or its individual services), or in any other way disrupt the normal operation of the servers. In particular, the Client shall not attempt to automatically collect non-public data or information that belongs to third parties, the Client shall not attempt to register automatically. Moreover, the Client shall not attempt to overload the Web-server or trading server with useless information with the aim of causing malfunction and/ or to impede normal access of other users to the Web- or trading server.
5.1.6 Be fully and solely responsible, according to effective legislation and public documents of the Company, for all actions, carried out using the Client's account, including actions that caused damage or loss to the Company (namely: the Client is responsible for any unlawful (or inconsistent with Company public documents) actions carried out via his/her account).
5.1.7 Do not use any service that allows publishing of any data, or in any other (as well as unlawful) way publish on the Company's Web-server information, which contains threats, discredits or abuses honor and dignity of third parties, is vulgar or indecent (in particular containing offensive words), advocates racial, religious, or ethnical discrimination and hostility, or any information that either directly or indirectly violates protected human rights, rights of citizens or legal entities (in particular, any information published in any form (format), including logins (nicknames), conference publications, etc.).
5.2. The Client shall:
5.2.1 Observe effective copyright and intellectual property laws.
5.2.2 Not store, copy, reproduce, disseminate, transfer via communication channels or in any other way, not publish, not create own information on the basis of the news, not reproduce on the air, not issue and/or duplicate the news.
5.2.3 Use news for personal purposes as a source of information or, at his/her discretion, as a basis for analysis of an economic situation.
5.2.4 Not use for commercial purposes, no neither sell nor provide access to it for commission.
5.3. When using information provided by the Company, the Client has the right to:
5.3.1 Independently choose at personal discretion and for personal use any information published by the Company on the Web-server or broadcast via a client terminal or via other channels.
5.3.2 Use any information for personal use to the extent that it does not contravene the present License Agreement.
6. RIGHTS AND RESPONSIBILITIES OF THE COMPANY
6.1. When providing Clients with information (by any means via any channels) or publishing freely accessible information, the Company shall:
6.1.1 Take every possible measure to make information actual, precise, full, timely, consistent and useful.
6.1.2 Consider the demands of Clients firstly and consistently adjust volume, composition and quality of publicly available information or information, which is personally broadcast via secure communication channels.
6.2. When providing Clients with information (by whatever means via whatever channel) or publishing freely accessible information, the Company has the right to:
6.2.1 Adjust, add, remove, and transform the whole structure, composition and quality of any information at its own discretion.
6.2.2. Create or remove services hosted on the Company's Web-server, and to limit access rights to these services at its own discretion.
6.2.3. Take decisions with regards to the provision of publicly available information (via public channels) or in confidential manner (via secure channels, subject to successful authorization) at its own discretion.
6.2.4 Take decisions with regards to the price of the information provided, access (subscription) this or that service hosted on the Company's Web site at its own discretion. In particular, the Company reserves the right to charge extra fees for using this or that information or service.
7. FxTrade ACCOUNT FUNDS
7.1. Funding your FxTrade Account
In order to use the Services (as described in Section 7), you must first load Funds to your FxTrade Account using one of the approved External Accounts identified via the Services. You may be required to verify that you control the External Account that you use to load Funds to your FxTrade Account. As further described in Section 9, you may be charged fees by the External Account you use to fund your FxTrade Account. FxTrade is not responsible for any External Account fees or for the management and security of any External Account. You are solely responsible for your use of any External Account, and you agree to comply with all terms and conditions applicable to any External Account. The timing associated with a load transaction will depend in part upon the performance of third parties responsible for maintaining the applicable External Account, and FxTrade makes no guarantee regarding the amount of time it may take to load Funds into your FxTrade Account.
Digital Assets Only Accounts - If you have opened an FxTrade Account designated as Digital Assets Only, you may only fund your account with digital assets. FxTrade will not accept fiat to fund a Digital Assets Only Account. If fiat is transmitted to fund such an account, it will be returned to the sender, less applicable transfer fees.
7.2. Pushing Funds to an External Account
Provided that the balance of Funds in your FxTrade Account is greater than any minimum balance requirements needed to satisfy any of your open positions, you may push any amount of Funds, up to the total amount of Funds in your FxTrade Account in excess of such minimum balance requirements, from your FxTrade Account to an External Account, less any fees charged by FxTrade for such transactions (as described in the Fee Schedule at the time of your request to push Funds to an External Account).
Digital Assets Only Accounts - If your FxTrade Account is designated as Digital Assets Only, you may only withdraw digital assets from your account to another account eligible to receive digital assets. FxTrade will not accept instructions to transmit fiat from such an account.
7.3. Load/Push Authorization
When you request that we load Funds into your FxTrade Account from your External Account or request that we push Funds to your External Account from your FxTrade Account, you authorize FxTrade to execute such transaction via the Services.
7.4. Rejected Transactions
In some cases, the External Account may reject your Funds or may otherwise be unavailable. You agree that you will not hold FxTrade liable for any damages resulting from such rejected transactions.
8. RISK DISCLOSURE
8.1 Trading risks
The Trade Providers should acknowledge and agree that you shall access and use the Services at your own risk. The risk of loss in trading Digital Asset pairs and Digital Asset and Legal Tender pairs can be substantial. You should, therefore, carefully consider whether such trading is suitable for you in light of your circumstances and financial resources. You should be aware of the following points:
- You may sustain a total loss of the Funds in your FxTrade Account.
- Under certain market conditions, you may find it difficult or impossible to liquidate a position. This can occur, for example, when the market reaches a daily price fluctuation limit ("limit move"), if there is insufficient liquidity in the market.
- Placing contingent orders, such as "stop-loss" or "stop-limit" orders, will not necessarily limit your losses to the intended amounts, since market conditions may make it impossible to execute such orders.
- All Digital Asset positions involve risk, and a "spread" position may not be less risky than an outright "long" or "short" position.
- The use of leverage can work against you as well as for you and can lead to large losses as well as gains.
9. COMPLIANCE WITH LOCAL LAWS
It is the responsibility of the User to abide by local laws in relation to the legal usage of FxTrade in their local jurisdiction. Users must also factor, to the extent of their local law all aspects of taxation, the withholding, collection, reporting and remittance to their appropriate tax authorities. All Users of FxTrade and any of its services acknowledge and declare that the source of their funds come from a legitimate manner and are not derived from illegal activities. FxTrade maintains a stance of cooperation with law enforcement authorities globally and will not hesitate to seize, freeze, terminate the account and funds of Users which are flagged out or investigated by legal mandate.
11. THIRD-PARTY CONTENT
In using our Services, Clients may view content provided by third parties, including links to web pages of such parties, including but not limited to Facebook and Twitter links ("Third-Party Content"). We do not control, endorse or adopt any Third-Party Content and shall have no responsibility for Third-Party Content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. In addition, your business dealings or correspondence with such third parties are solely between you and the third parties. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, and you understand that your use of Third-Party Content, and your interactions with third parties, is at your own risk.
12. SUSPENSION AND TERMINATION
In the event of any Force Majeure Event (as described in Section 16.5), breach of this agreement, or any other event that would make provision of the Services commercially unreasonable for FxTrade, we may, in our discretion and without liability to you, with or without prior notice, suspend your access to all or a portion of our Services. We may terminate your access to the Services in our sole discretion, immediately and without prior notice, and delete or deactivate your FxTrade Account and all related information and files in such account without liability to you, including, for instance, in the event that you breach any term of these Terms. In the event of termination, FxTrade will attempt to return any Funds stored in your FxTrade Account not otherwise owed to FxTrade, unless FxTrade believes you have committed fraud, negligence or other misconduct.
13. DISCONTINUANCE OF SERVICES
FxTrade may, in our sole discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services.
You agree to defend, indemnify and hold harmless FxTrade (and each of our officers, directors, members, employees, agents and affiliates) from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys' fees, arising out or relating to (a) your use of, or conduct in connection with, our Services; (b) any Feedback you provide; (c) your violation of these Terms; or (d) your violation of any rights of any other person or entity. If you are obligated to indemnify us, we will have the right, in our sole discretion, to control any action or proceeding (at our expense) and determine whether we wish to settle it.
15. DISPUTE RESOLUTION
PLEASE READ THE FOLLOWING SECTION CAREFULLY AS IT INVOLVES A WAIVER OF CERTAIN RIGHTS TO BRING LEGAL PROCEEDINGS:Notification of Dispute
We believe most disagreements can be resolved by contacting customer support. In case any disagreement arises, please contact FxTrade first! FxTrade aims to address your concerns without resorting to formal legal proceedings. Before filing a claim, you agree to try to resolve the dispute informally by contacting FxTrade first through [email protected]
16.1 Entire Agreement and Order of Precedence
These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings between the parties regarding the Services. These Terms do not alter the terms or conditions of any other electronic or written agreement you may have with FxTrade for the Services or for any other FxTrade product or service or otherwise. In the event of any conflict between these Terms and any other agreement you may have with FxTrade, the terms of that other agreement will control only if these Terms are specifically identified and declared to be overridden by such other agreement.
16.2.1. The Company reserves the right to make amendments and additions to the present Agreement from time to time, in our sole discretion. If we make changes to these Terms, we will provide you with notice of such changes, such as by sending an email, providing notice on the homepage of the Site and/or by posting the amended Terms via the applicable FxTrade websites and mobile applications and updating the "Last Updated" date at the top of these Terms. Any and all amended Terms will be deemed effective immediately upon posting on the website for any new users of the Services. As such, your continued use of FxTrade’s services acts as acceptance of the amended agreement and rules. If you do not agree to any modification to these Terms, you must stop using the Services and contact us to terminate your account. FxTrade encourages you to frequently review the Terms to ensure you understand the terms and conditions that apply to your access to, and use of, the Services.
16.2.2. Amendatory procedure:
Should amendments and/or additions be made, the Company shall inform the Clients of this fact by posting relevant notice on the Company's official Web site and sending a relevant message via the internal mail system.
The Company’s posting the relevant notice on the Company's Web site and sending messages via internal mail are considered to be the Client notification of the amendments and/or additions, regardless of whether the Client reads and understands a corresponding text or ignores it.
The amended document becomes effective after 5 (five) full astronomical days (120 hours) following publication of the notice on the Company's Web site, before this time the notice has an informative (voluntary) nature.
The amended document immediately applies to any accounts registered after its publication (irrespective of other accounts registered earlier, which its holder may possess). The amended document applies to trading accounts that were registered before its effective date when the document came into effect.
In the case that a rule or law is introduced, which requires a corresponding amendment to the present Agreement, then the rule or law shall be applied immediately after the effective date of the relevant statutory act, whether the required amendment and/or addition is made or not. Regulations of the present Agreement that contradict the newly introduced rule or law become void one the corresponding amendments to the aforementioned document go into effect.
Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof.
The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.
16.5 Force Majeure Events
FxTrade shall not be liable for (1) any inaccuracy, error, delay in, or omission of (i) any information, or (ii) the transmission or delivery of information; (2) any loss or damage arising from any event beyond FxTrade's reasonable control, including but not limited to flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction or any other cause beyond FxTrade's reasonable control (each, a "Force Majeure Event").
You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from FxTrade, including by operation of law or in connection with any change of control. FxTrade may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.
Headings of sections are for convenience only and shall not be used to limit or construe such sections.
17. FINAL PROVISIONS
The Company considers tasks connected with the continuous and timely provision of valid information support and provision of access to information services to Clients its affair of honor. However, conditions, which are not controlled by the Company, may emerge and make the aforementioned tasks problematic or impossible.
All the disputes that may occur shall be resolved in compliance with the effective legislation and Company's public documents by means of negotiations or claims.
18. ACCEPTANCE BY THE CLIENT
I agree with all the conditions of the Company's public documents for using the Company's services and will immediately cease using the Company's services in case of disagreement.