Terms of Use

Terms and Conditions

These are the entire terms and conditions that apply to the use of this website and any services provided hereto. Use of this website and/or the services provided hereto (the "Services") are all subject to these terms and conditions (hence forth, the "Agreement"). If you have objections to the terms and conditions stipulated hereto, do not use our Services in any way. Please feel free to contact our customer support team at support@retailfx.com for any clarifications before you continue to use this website.

Customer Agreement

This Agreement is made between yourself and RETAILFX LIMITED (hence forth, "You", and "Us" or "We" or "RETAILFX"). This Agreement describes to you in full detail the terms and conditions which you must accept without restrictions or objections before using our Services. Before you use our Services and before you become a customer of RETAILFX, you must fully understand and agree to all the terms and conditions expressly explained and/or implied hereto by reference. Notwithstanding anything to the contrary, by continuing to use our Services you are implying that you have read this Agreement and have unconditionally accepted without reservation the terms and conditions in their entirety.

The Agreement was published on and last updated on October 14, 2007

1.       Services, Registration & Accounts

1.1.     Scope of Services

 This Agreement covers the entire scope of Services provided by RETAILFX including, but not limited to, the use of our Website, the use of our RETAILFX trading Services, data collection and storage practices, downloadable material from our Website, financial information published on our website (either by us or by any affiliated party), electronic content, real time information about the exchange rate of some currencies, tools for executing transactions in the foreign exchange market on the internet, by phone or fax and any other features, content or services that we may add in the future. This Agreement covers any form of communication between us and you including email, telephone, fax and more.

1.2.     Registration

  At any given time, starting from the date of your registration with us we may ask you to provide personally identifiable information. If you choose to provide us with the information and register with us as our customer you are confirming to us that any information provided is true, accurate, updated and complete information about yourself. Additionally, you agree that you will not impersonate any person or entity, misrepresent any affiliation with another person, entity or association, use false headers or otherwise conceal your identity from RETAILFX for any purpose. If you are registering as or for a business entity, you hereby declare that you have the authority to bind that entity to this Agreement. We apply strict security procedures and undertake to treat the information that you provide us with care in accordance with our Privacy Policy. Please note that when you register with us you will choose a user name and password that will personally identify you each time you log on to our system. Your username and password should be kept confidential at all times. It is your sole responsibility to safeguard this information. If the security of the above username and password is breached or if you suspect that they are being wrongfully used – please contact us immediately at support@retailfx.com 

1.3.     Eligibility

  It is a pre-condition that our Services are only used and contracts are only formed by those who are permitted to enter legally binding agreements. Therefore, if there is any reason why you would not be able to enter a legally binding agreement with us, for whatever reason - do not use our Services. Such reasons could include, but are not limited persons that have not yet reached the age of 18 or are defined as minors that have not yet reached legal age. Due to our internal policies, we only permit people with sufficient experience, knowledge and understanding in financial investment, who possess the personal ability of identifying good investments and distinguishing bad investments, and who fully understand the risks associated with financial investments, independently from any information that they may have read on our website, to use our Services. If you do not posses such knowledge independently, do not use our website. Notwithstanding any of the above, the above mentioned eligibility restrictions shall only apply in cases where the Services involve the use of real money.  The above restrictions shall not apply to use of any practice application not associated with real money transactions.

1.4.     Identification

We are obligated by law to confirm and verify the identity of each person who registers on our system and opens an account with use. Therefore, you will be prompted to provide us with the following information when you register with us: (1) name, (2) address, (3) date of birth, and any other personally identifiable information that we may ask for from time to time such as a copy of your Passport (and/or your driver's license) or other identifying documents. Limited License

1.5.     Representations and Warranties

                1.5.1.         You represent, warrant, covenant and agree that:

·           You are at least 18 years old, or the age of legal consent for engaging in financial investment activities under the laws of any jurisdiction that applies to you

·           You are of sound mind and you are capable of taking responsibility for your own actions.

·           All the details that you have submitted to us or any details given to us when opening an account and making a deposit are true, accurate, complete and match the name on the payment card and/or payment accounts in which you intend to deposit or receive monies from your account.

·           You have verified and determined that your use of the Service does not violate any laws or regulations of any jurisdiction that applies to you.

·             From time to time you may be requested to provide us with certain documents to verify the details of the credit card used by you to deposit monies to your account. Subject to our satisfaction from the above documentation checks, you may or may not be permitted to deposit further monies by recurring credit card.

·               The penalty for providing untrue, inaccurate, misleading or otherwise incomplete information is your immediate breach of this Agreement. As such, we reserve the right to terminate your account promptly and to prevent you from using our Service.

1.5.2.         We shall not be responsible for any of the following situations:

·               Unauthorized real money transactions.

·               Unauthorized real money transactions conducted by unauthorized minors.

·               Physical Verification that you posses the proper knowledge and/or experience to use our Services. We will not be responsible in any way (including for damages and losses caused by the use of our Services) if you use this website without the proper knowledge.

·               US residents may not use this website; however, they may register and Practice in the Demo system.

 1.6.     Limited License

  Subject to the above registration and eligibility requirements, we hereby grant you a personal license (a "License") that is non-transferable, non-exclusive, limited to the terms of this Agreement and fully revocable to use our Service (including the use of our website and any associated downloadable software) subject to the terms of this Agreement. You will also be subject to the End User License Agreement by Tradonomi Limited that is associated with downloading any software from our website.

1.7.     Deposits and Withdrawals

·               IMPORTANT NOTE - RETAILFX DOES NOT ACCEPT ANY TRADING FROM CUSTOMERS IN THE USA.

·               RETAILFX reserves the right to impose deposit limits and deposit fees in its system.

·               RETAILFX reserves the right to impose withdrawal limits and deposit fees in its system.

·               Credit card deposits may be, according to credit card companies' regulations, returned to same credit card when a withdrawal is performed.

·               Upon submitting a withdrawal request you may be required to submit documentation as required by our AML regulations.

·               According to AML procedures any withdrawal request will be paid to the same individual that has submitted the deposit. 

2.       Communications and Account Management

2.1.     Methods of Communications

 All Information that you provide to us via our website and/or by email, fax or telephone shall be considered non-confidential and non-proprietary information. Such information is not limited to personal information submitted to us and also includes any queries, idea's, comments or any other communicative material that you engage with us. As such, we maintain the right to use any such communication with us as we see fit. We do not undertake to review and monitor all communications with us however if we choose to review and/or monitor any such communications we are entitled to use such communications in any way we see fit. We reserve the right to record any calls made by you to the customer service department may be recorded.

2.2.     Dormant Accounts

 In the event that your Account is not accessed for a period of at least six months we will regard your account to be dormant. We will count six months from the date that you last logged into your account. If your account becomes dormant we will apply a monthly fee equal to 10% of the funds in the account on the date that it became dormant and deduct it from the funds held in your account commencing from the last day of the sixth month in which the account becomes dormant and on the last day of every month, until the balance of the account has reached zero. In the event that you log on to your account during a ten-month period during which the administration fee is being applied, the Company will cease to deduct the fee but shall not be obligated to return to you any monies deducted from the account at such time.

3.       Risk and Liability

3.1.     Risk Statement

 You understand that you are using our services at your own risk. It for this reason that we condition the use of our services to those who can actually bear the loss of any money invested and who properly  understand the associated risks that are inherent to the Forex market. It is also important to have relevant experience when entering financial contracts and transactions. As you know, the Forex market is a dynamic arena and foreign currency prices are often highly unpredictable and volatile. As such, any investment on our website can never be considered a safe investment rather only an investment with risk of loss inherently associated with it. Furthermore, our own spread is added to existing calculations and online quotes which makes a trade on our website even more volatile. We make sure that the maximum risk associated for any user shall not exceed the actual amount of money paid to us and deposited in your account.

3.2.     Use of Posted Market Information

 We do not provide our customers with any financial advice, tips or recommendations. Notwithstanding, we make available to our customers financial information that is provided to us by our affiliates, agents, vendors and/or partners. The information that we make available to you are analytical tools (such as market data, exchange rates, news, headlines and graphs). We do not endorse or maintain any control over the financial information that we make available to you. Furthermore, we do not guarantee the accuracy, timeliness, completeness or correctness of the information, nor do we warrant any results from your reliance on such information. You understand that we are not obligated to provide the above mentioned tools and information and we can remove these informational tools from our website at any time. Furthermore, we are not obligated to update the information displayed on our website at any time and we will not be liable for the termination, interruption, delay or inaccuracy of any Market Information. The financial information we post on our website is provide by third parties for the benefit or our users as such you undertake not to enable deep linking or any other form of redistribution or reuse of the information, to any non-authorized users.

3.3.     Accountability for Each Financial Transaction

  By using our Service, you agree to be fully, independently and personally liable for each transaction and/or credit card transaction made on our System through you account. As such, you must make sure that you are the only person with access to your account at all times. You must make sure that no minors have access to your account. If you do not settle a transaction performed through your account you shall be liable to us and must indemnify us in the amount necessary to cover the entire cost, whether indirect or direct, of the transaction. In the unlikely event that a contract is entered to acquire or sell currency at a price that does not reflect the market price (such as an event where a technical error such as a bug or defect has caused a malfunction that has affected the price of the transaction), we reserve our right to terminate and cancel any such transaction. We will notify you of our decision to cancel the transaction and explain our reasons to you. On the other hand, you are required to inform us of any such malfunction should you experience such a malfunction whilst trading on our system.

3.4.     Restrictions on Financial Transactions

  You understand that financial regulations, financial codes, financial ethics and contractual requirements vary worldwide. As such, you understand that ultimately it is your responsibility to make sure that you comply with any and all local regulations, directives, restrictions and laws in your local place of residence before using our Services. We strictly state that we do not permit the use of our Services by users from jurisdiction in which the use of our Services is not permitted. This Agreement is not offering or soliciting the use of our Services to any one located in a jurisdiction in which the specific use is not authorized or otherwise permitted by local laws.

Please note that RETAILFX shall apply its own spread to all transactions and trades made by using our Services which can increase the cost of the transactions and trades accordingly.

By using our Services, you declare that all the funds that you use and invest on our Service do not originate in any way from drug trafficking, abduction, terrorist activity or any other criminal activity that is unlawful or could be considered unlawful by any authority. In the event that we become suspicious that you may be engaging in or have engaged in fraudulent, unlawful or improper activity, including, without limitation, money laundering activities, or conduct otherwise in violation of this Agreement, your access to the Service may be terminated immediately and/or your account blocked. If your account is terminated or blocked in such circumstances, the Company is under no obligation to refund any funds that may be in your account. In addition to terminating your access to the Service and/or blocking your account, we reserve the right to prevent you from accessing any of our other websites or servers, or accessing any other services offered by us. We shall be entitled to inform relevant authorities, other online service providers and banks, credit card companies, electronic payment providers or other financial institutions of your identity and of any suspected unlawful, fraudulent or improper activity and you will cooperate fully with us to investigate any such activity.

3.5.     Taxation

  You hereby acknowledge and understand that we do not collect any taxes for any government authority in any form or manner and you further understand that it is your own responsibility to calculate and pay all applicable taxes applicable in your country of residence arising as a result of your trading activity on our Services. Notwithstanding the above and without derogating in any way from your sole, exclusive and personal obligation to pay taxes in your local jurisdiction, you unequivocally agree that we may deduct any taxes due under applicable law and regulations that may arise from the results of your investment on our system. All amounts extracted from your account are "gross amounts", from which we may deduct any such taxes if necessary and under law. In such an event, you shall have no claim towards the Company with regard to any such deductions.

3.6.     Disclosures

3.6.1.         It is important that you be fully aware of the following points:

·           Where being unable to collect such fee(s), Company reserves the right to close part, or all, of Customer’s open positions, in order to facilitate such charge. Notwithstanding, Customer shall be liable for promptly paying such fee(s) to Company even if Customer has had full loss of all margins deposited by him.

·           RETAILFX does not guarantee any order. Placing stops, regardless of the entry or closing designation, does not guarantee the trade will be filled at the order price. All Entry Stops and Stops will be filled, upon activation, at the first/best available market price that may or may not match the requested order price.

·           While trading on our visual electronic trading system, you might encounter system errors that are resulted from hardware and/or software failures. The result of any system failure may be that your order is either not executed according to your instructions, executing with account balance errors and discrepancies or not executed at all. RETAILFX will not be liable for the resulting errors in account balances. RETAILFX reserves the right to make the necessary corrections or adjustments on the account involved.

·           The high level of leverage effect possible in conducting foreign currency transactions stems from the fact that it is only necessary to pay relatively modest margins or guarantees in relation to the scope of the contract.

·           The result of the above is that even a slight fluctuation of the market could mean substantial gains when these fluctuations are in your favor, but that could also mean considerable losses if the fluctuations are to your detriment.

·           No system exists that could assure you that transactions on the foreign currency market should bring you great benefits, nor is it possible to guarantee, that your transactions will yield favorable results.

·           Even though the foreign currency markets are liquid as compared with other financial and exchange markets, the market conditions might at times render the execution of an order or of a limit order at a stipulated price impossible.

·           The amount you could lose in a transaction carrying limited risk will never be more appreciable than that which you can lose in transactions having no pre-determined limit on loss.

·           Nevertheless, even though the extent of the losses could be subjected to an agreed upon limit, the risk of incurring losses could be higher, and that loss could occur in a relatively short period of time.

·           Since deposit of an additional guarantee is not obligatory in this case, RETAILFX reserves the right to close the outstanding balances without the customer's consent.

·           The risk information presented here does not reflect all of the risks as well as other important aspects intrinsic to the Forex market. Therefore, before starting to trade, you should learn the specifics of trading on Forex markets in detail.

·           All trades will automatically close out in eToro real money mode when market closes at the end of the week. Closing rates will be posted during the weekend in the trading log section in eToro lobby. All real money accounts will be open during the weekend and all traders are welcome to view their trading account info.

3.7.     INDEMNIFICATION AND LIMITATION OF LIABILITY

UNDER THE TERMS OF THIS AGREEMENT YOU HEREBY UNDERTAKE TO INDEMNIFY US, OUR DIRECTORS, OFFICERS EMPLOYEE'S, AGENTS AND AUTHORIZED REPRESENTATIVES TO INDEMNIFY AND HOLD US HARMLESS AGAINST ANY DAMAGES, LIABILITY, COST OR EXPENSE INCURRED BY US AS A RESULT OF THE BREACH OF THIS AGREEMENT OR AS A RESULT OF YOUR BREACH OF ANY LAWS AND REGULATIONS THAT MAY GOVERN THE TERMS OF THIS AGREEMENT. WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AUTHORIZED REPRESENTATIVES, SHALL IN NO WAY BE LIABLE FOR ANY LOST PROFITS, INCIDENTAL, CONSEQUENTIAL AND/OR SPECIAL DAMAGES THAT MAY ARISE AS A RESULT OF YOUR USE OF OUR SERVICES OR OUR SOFTWARE. IN ANY EVENT, AND NOTWITHSTANDING, THE MAXIMUM LIABILITY THAT YOU MAY CLAIM FROM US FOR ANY REASON SHALL BE NO MORE THAN THE ACTUAL SUM OF MONEY THAT YOU DEPOSITED IN YOUR ACCOUNT FOR THE PURPOSE OF TRADING THAT MAY HAVE BEEN THE BASIS FOR ANY ACCUMULATED LIABILITY THAT YOU INCUR.

4.       Technical Features and Requirements

4.1.     Technical Requirements to Use Our Services

 You must provide and maintain adequate technical means on which you install our software and access our Services. These technical means must include at least a personal computer, internet access by any means and telephone or other access line. Access to the internet is an essential feature and you shall be solely responsible for any fees necessary in order to connect to the internet. Furthermore, as you are using your personal computer in order to access our Services you are strictly and solely liable for the integrity and proper storage of any data associated with our Services. By using our Services, you represent and warrant to us that you have installed and implemented appropriate means of protection relating to the security and integrity of your computer and that you have taken appropriate action to protect your system from computer viruses or other similar harmful or inappropriate materials, devices, information or data.

We will not be liable to you in the event that your computer system fails, damages, destroys and/or formats your records and data. Furthermore, if you incur delays and any other form of data integrity problems that are a result of your hardware configuration or mismanagement, we shall not be liable. You further undertake to protect us from any wrongful transmissions of computer virus or other similarly harmful or inappropriate material or device to our system from your personal computer.

4.2.     Technical Problems and Difficulties

  As a provider of technology, we remind you that in some circumstances the use of the internet can at times be unreliable and at times you may experience trouble connecting, although is now common practice that generally the use of the internet is now regarded to be very reliable. Notwithstanding, and recognizing the above, you hereby undertake that we will not be liable, and you will not hold or seek to hold us or any of our officers, employees agents or service providers liable, for any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high internet traffic demand, security breaches and unauthorized access, and other similar computer problems and defects. We do not represent, warrant, guarantee or claim that you will be able to access or use our Service at all times and from any location. Neither do we represent, warrant, claim or guarantee that our Services will be uninterrupted and error-free at all times. Furthermore, we make no warranties for merchantability or fitness for a particular purpose.

4.3.     Disconnection Policy

  If you are suddenly disconnected from our Services whilst actively trading online, we will keep your positions open until you can reestablish your connection or trading ceases.

4.4.     Maintenance Shut Downs

  We maintain our continuing right to shut down our operations and close our service to our customers at any time. We may do so at any given time, without notice. If we do so, we maintain the right to close all open transactions (regardless of any ongoing positions and profit margins) and to conclude the transactions at fair and market value quotes so that our customers will not have any ongoing claims from us. Furthermore, at any given time, at our sole discretion, we reserve the right to impose volume limits on customer accounts. Contract payouts shall be determined by RETAILFX by reference to the daily values reported on this Website relevant to the interbank trading data received by the Company for Forex quotes, subject to the provision that RETAILFX shall have the right to make corrections to such data in the event of mispriced or typographically incorrect data.

4.5.     Links to Other Websites

  At times, we may provide links from our website to other websites that we have no control over for your convenience. By doing so, we are not endorsing, approving or sponsoring any website to which we are linking and as such will not be liable for any content or policies followed thereto. As we do not have any control over the content and practices of these websites we urge our customers and users to read and fully understand the terms and conditions and other policies of these websites before using them.

4.6.     Circumvention & Reverse Engineering

  You shall not unlawfully access or attempt to gain access, reverse engineer or otherwise circumvent any security measures that we have applied to our system. If, at our sole discretion, you are in breach of this clause, we may terminate your access to the Service immediately and/or have your account blocked, and the Company may inform Interested Third Parties of your breach of this clause. We have, and will continue to develop any tools necessary to identify fraudulent or unlawful use of our Service.  

4.7.     Artificial Intelligence Software

  It is absolutely prohibited to use any software, at our sole discretion, which purpose is to apply any kind of artificial intelligence analysis to our system relating to the use of our Service. In the event that we determine, at our own discretion, that artificial intelligence software has been used we reserve our right to take action as we see fit, including completely blocking access to the Service, terminating the user account and seizing all funds held in the associated user account.

4.8.     Instant Messaging

Our Services include a chat/instant messaging option that enables users to interact amongst themselves whilst online and using our Services. We reserve the right to review and monitor the chat/instant messaging option in relation to our Service and to keep a record of all statements made on the chat/instant messaging option. In the event that you choose to use the chat/instant messaging option on our Service you undertake to be bound by the following rules:

·           It is prohibited to make any abusive, defamatory harassing and/or insulting statements to other Users.

·           It is prohibited to make statements that advertise or promote any other online entities.

·           It is prohibited to make statements that contain sexually explicit content and/or any grossly offensive, including expressions of bigotry, racism, hatred or profanity.

If you violate the above we shall have the right to terminate your account and registration on our Services. If your account and registration are terminated due to the above misuse of the chat feature we will refund any funds which may be in your account.

5.       Miscellaneous

  5.1.     Force Majeure

 We will not be liable to you under any circumstances for any damage or losses that you incur due to circumstances beyond our control legally referred to as Force Majeure including, but not limited to, pursuant to any action taken by any government or regulatory body, legal authority, technical delays, technological malfunction, loss of data and records or destruction of hardware. We will not be liable to you for any such extraordinary events known as Force Majeure which may occur that we could not foresee or otherwise prevent.

5.2.     Intellectual Property Protection

 All our intellectual property assets ("IP")  including but limited to all copyrights, trademarks, patents, service marks, trade names, software code, icons, logos, characters, layouts, trade secrets, buttons, color scheme and graphics are our sole and exclusive IP and are all protected by local and international intellectual property laws and treaties including all copyright laws and regulations. Under no circumstances shall you remove any copyright notification from any of our IP or unlawfully use our downloadable software. The use of our Services does not grant you any rights other than those granted to you by revocable License in any way.  We own all the images displayed on our website and software. You may not use these images in any way other than the manner which we provide them. Should you wish to use any of our images for any other purpose you must obtain prior written consent from us in advance. Nothing contained on the Web site shall be construed as granting, by implication or otherwise, any license or right to use any trademark without our written permission or such third party that may own the trademarks.

5.3.     Governing Law & Jurisdiction

 This Agreement shall be governed by the laws of Cyprus notwithstanding any principles of conflicts of law. By using our Services you agree to recognize all electronic and magnetic data and documentation as admissible evidence when settling a dispute regarding any trades and investments. This Agreement shall be construed under the exclusive jurisdiction of the courts located in Cyprus.

5.4.     Marketing promotions and Bonuses

  General Bonus Policy - In the interest of fair trading, traders that have received bonuses from RetailFX Limited must buy or sell at least (10) Ten mini lots in real-money mode for each unit of $25 bonus granted by RetailFX Limited before the bonus funds can be withdrawn . Each mini lot accounts for 10,000 currency units you choose to buy or sell. For example, a $25 trade at X400 means that you have traded 10,000 currency units (25x400=10,000).

All bonuses are available for withdrawal once all trading requirements are followed in full.

For Example:
Receive bonus of $25 (trading requirement is $25 X 10 mini lots = 100,000 currency units).
Bonus funds that have not been fully redeemed can not be withdrawn and will remain in the traders’ account balance.

All promotions, bonuses or special offers that we offer or will offer in the future are subject to promotion specific terms and conditions. All complimentary bonus credit to your account must be used under each promotions specific terms and conditions. At all times, we reserve the right to retract and/or cancel any such promotion, bonus or special offer. If we suspect that a user has abused or attempted to abuse a bonus and/or other promotion or otherwise acted with a lack of good faith towards us, then we reserve the right, at our sole discretion, to deny, withhold or withdraw from that user the bonus or promotion and if necessary to cancel any terms & conditions with respect to that user, either temporarily or permanently, or terminate that user's access to the Service and/or block that user's account.

All bonuses will be given only once per account, person, household and/or any environment where computers are shared.

  All promotions, bonuses or special offers that we offer or will offer in the future are subject to promotion specific terms and conditions. All complimentary bonus credit to your account, such credit must be strictly used with the promotion specific terms and conditions. At all times, we reserve the right to retract and/or cancel any such promotion, bonus or special offer. If we suspect that a user has abused or attempted to abuse a bonus and/or other promotion or otherwise acted with a lack of good faith towards us, then we reserve the right, at our sole discretion, to deny, withhold or withdraw from that user the bonus or promotion and if necessary to rescind any terms & conditions with respect to that user, either temporarily or permanently, or terminate that user's access to the Service and/or block that user's account.

This bonus will be given only once per account, person, household and/or any environment where computers are shared.

5.5.     Termination of this Agreement

  We reserve the right to terminate this Agreement and your account and registration (including your username and password) immediately without notice in the following cases:

·          If for any reason we decide to discontinue to provide the Service;

·          If we believe that you have breached any of the terms of this Agreement;

·          If your use of the Service has been in any way improper or breaches the spirit of this Agreement; or

·          For any other reason we see fit.

If this Agreement is terminated for any reason due to suspected misconduct by the user, RETAILFX reserves the right to withhold any funds in the account until the matter is resolved. Any decision made by RETAILFX regarding the matter will be final.

You may terminate this Agreement and your account and registration (including your username and password) at any time by sending an email to support@retailfx.com such termination to take effect upon the Company terminating your account and registration (including username and password), which shall occur within 7 calendar days after receipt of your email on our servers, provided that you shall remain responsible for any activity on your account between sending us an email and the termination of your account by us.

5.6.     Severability

  If any part of this Agreement is unlawful, void or determined to be unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

5.7.     Modifications to This Agreement

  We reserve the right to amend, revise, modify, and/or change this Agreement at any time.

 PLEASE PRINT A COPY OF THESE TERMS AND CONDITIONS FOR YOUR RECORDS