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 (these "Terms and Conditions"). If You have
objections to the terms and conditions stipulated hereto, do not use our
Services in any way. Your access to and use of this website
constitutes your acceptance of these Terms and Conditions and any other
legal notices and statements contained on this website. Your use
of the RETAILFX/eToro websites is governed by the version of the Terms
and Conditions in effect on the date each eToro website is accessed by
You. Please feel free to contact our customer support team at http://www.etoro.com/application/help/contact.aspx
for any clarifications before You continue to use this website.
We reserve the right to modify these Terms and Conditions at any time.
When these Terms and Conditions are modified We will publish in our
website and/or otherwise notify You of such change, each of which
notification shall be deemed as sufficient notice. Therefore you should
review this page from time to time so that you will be aware of any such
modifications. Your continued use of the RETAILFX/eToro websites and
Services after the publication of any changes shall be considered as your
agreement to such modified Terms and Conditions and shall be governed by
those Terms and Conditions as modified. If you do not wish to be bound by
those changes, you should cease to use the RETAILFX/eToro websites and
Services. Various RETAILFX/eToro websites, areas of such websites and/or
Services may have different terms of use posted. If there is a conflict
between these Terms and Conditions and those specific terms of use, the
latter shall have precedence with respect to your use Various
RETAILFX/eToro websites. CUSTOMER
AGREEMENT These Terms and Conditions is made
between yourself ("You") and RETAILFX LIMITED (also
trading under the name ג€eToroג€ hence forth "Us" or
"We" or "RETAILFX"). These Terms and
Conditions 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 these Terms and Conditions
and have unconditionally accepted without reservation the Terms and
Conditions in their entirety. These Terms and Conditions was
published on and last updated on November 12th, 2011.
1. Services, Registration & Accounts
1.1. Scope of Services. These Terms and Conditions 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. These
Terms and Conditions 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. RETAILFX reserves the right to limit, block access to the
Services and/or terminating the user account if such information is not
provided. 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 these Terms and Conditions. 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 ג€“ please contact Us immediately at http://www.etoro.com/application/help/contact.aspx. IMPORTANT
NOTE - RETAILFX DOES NOT ACCEPT ANY TRADING FROM CUSTOMERS IN THE USA, CANADA OR TURKEY.
RETAILFX RESERVES THE RIGHT TO IMPOSE ADDITIONAL
REQUIREMENTS OR PRE-CONDITIONS TO ACCEPT CUSTOMERS RESIDING IN OR FROM
SPECIFIC COUNTRIES IN ITS SOLE AND EXCLUSIVE DISCRETION.
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 to 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. Trading activity with RetailFX might be illegal
in some jurisdiction and We encourage traders from Canada,
Brazil, India and Turkey to check local regulations and consider
it before deciding to trade with RetailFX Ltd. 1.4.
Identification 1.4.1. General. We are
obligated by law to confirm and verify the identity of each person who
registers on our system and opens an account with Us. 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 or other identifying documents.
1.4.2 Death of Account Owner. Upon the death of an
account owner and if the legal heirs of such account owner would like to
withdraw the remaining balance in the account, to the extent there is
any, such legal heirs should present to Us official legal documents from
the applicable governmental authorities in the jurisdiction of the
deceased to our satisfaction, and We, in our sole discretion and upon
checking such documents, shall make the decision whether to allow such
withdrawal. 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 not politically exposed person and You do not have any
relationship (e.g., relative, associate etc.) with a person who holds or
held during the last 12 months any public position. If the above
statement is untrue or inaccurate with respect to You, please inform our
customer support team at http://www.etoro.com/application/help/contact.aspx
and RETAILFX shall inform You if/how You may continue to use our
Services.
- You shall be treated as a ג€Retail Clientג€,
unless RETAILFX shall classify or reclassify You as a ג€Professional
Clientג€ or an ג€Eligible Counterpartyג€, depending on the information
that You shall provide when completing the registration process or
thereafter. IF You desire to be re-classified or receive further
information, You can find more information on http://www.etoro.com/trade/etoro-and-brokers.aspx.
- 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 or other means of
payment.
- The penalty for providing untrue, inaccurate, misleading or
otherwise incomplete information is your immediate breach of these Terms
and Conditions. As such, We reserve the right to terminate your account
promptly and to prevent You from using our Service.
- RETAILFX may elect to provide You with
documentation, information and communications in various languages. By
accepting these Terms and Conditions You acknowledge and confirm that
RETAILFXג€™s official language is the English language, and in the event
of any discrepancy or inconsistency between any documentation,
information and communications in any language other than the English
language and the same in the English language, the English
documentation, information and communications shall prevail.
- RETAILFX reserves the right to communicate
with You by telephone, facsimile, email, posts, newsletters issued by
Us and/or any other mean of communications, whether such communication
is personally addressed to You or generally addressed to all Our
clients. By accepting these Terms and Conditions You acknowledge and
confirm that all such means of communications are deemed acceptable and
any information or notification so provided shall be deemed to have
been received by You and/or any transaction so executed shall be deemed
final and binding on your part.
- RETAILFX reserves the right to reject the
appointment of any representative/power of attorney authorized to act
in your account and may elect to dismiss and/or reject and transactions
performed by such representative/power of attorney.
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 and We reserve the
right to asses and reassess Your knowledge and experience to use our
Services.
- US, Canadian and Turkish 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 these Terms and Conditions and
fully revocable to use our Service (including the use of our website and
any associated downloadable software) subject to the terms of these Terms
and Conditions. You will also be subject to the End User License
Agreement of eToro Group Limited that is associated with downloading any
software from our website and is attached herewith and forms a part of
these Terms and Conditions. 1.7. Payments
1.7.1 You may deposit funds into your trading account at any time.
Deposits will only be accepted by a payment method (e.g. bank account,
e-wallets etc.) in the same name as yours. Under no circumstances will
third party or anonymous payments be accepted. 1.7.2. We
have the right to refuse payment by check if any payment given has not
cleared on the first presentation. 1.7.3. If You give an
instruction to withdraw funds from your trading account, We will reduce
the requested funds immediately from your account balance and shall
process the specified request within up to five (5) business days once the
instruction has been accepted, if the following requirements are met:
(a) The withdrawal instruction includes all necessary
information; (b) The instruction is to make a payment through
a payment method in your name (e.g. bank account, e-wallets etc.); and
(c) You have provided full identification documents to support your
request 1.7.4. If We accept any payments to be made by a
debit card, credit card or any other payment method that may charge
processing fees, We reserve the right to levy a transfer charge.
1.7.5. If You make a payment, RETAILFX shall credit your trading
account with the amount of such payment pursuant to our policy, if
RETAILFX is satisfied that You are the sender of the funds. Credit in
your trading account shall be denominated only in United States Dollar.
1.7.6 We reserve the right, without prior notice to the
trader, to make any currency conversions which We consider necessary or
desirable for the purposes of complying with its obligations or
exercising its rights under these Terms and Conditions or any
transaction. Any such conversion shall be effected by Us in such manner
and at such rates as We may in our discretion determine, having regards
to the prevailing rates for freely convertible currencies.
1.7.7 All foreign currency exchange risk arising from any transaction or
from the compliance by Us with our obligations or the exercise by Us of
our rights under these Terms and Conditions will be borne by You.
1.7.8 If RETAILFX is not satisfied that You are the sender of the
funds it reserves the right to reject the funds and return them to the
remitter net of any transfer fees or other charges. You may be required
to submit additional documentation as required by Anti-Money Laundering
regulations and any other similar regulations applicable to Us.
1.7.9 We shall not be obliged to pay You interest on any funds held by
Us on your behalf and You waive all rights to interest.
1.8.
Several Trading Accounts In case a trader has more than
one trading account, We reserve the right to treat all such accounts as
if they were under one account and to limit the number of account
maintained under a single household, at Our sole discretion.
1.9. Deposits and Withdrawals
- RETAILFX reserves the right to
impose deposit limits and deposit fees in its system.
- When a
withdrawal is performed, RETAILFX reserves the rights to refund traders
via any of the payment methods they used when initially funded their
trading account.
- RETAILFX reserves the right to impose withdrawal
limits and withdrawal fees in its system.
- Withdrawals are paid
through the original payment method that You used to deposit the money,
subject to Our service providersג€™ rules and regulations. If We are unable
to send the funds or any partial amount thereof back to the original
payment method, We reserve the right to pay the amount through an
alternative payment method indicated by You in United States Dollars
(regardless of the currency in which the deposit was made). RetailFX
shall not be held responsible for any transfer fees or charges charged by
the receiver and/or any currency exchange rates resulting from the
payment of such amount in United States Dollars.
- Upon submitting a
withdrawal request You may be required to submit documentation as
required by our AML regulations.
- According to Anti Money Laundering
procedures any withdrawal request will be paid to the same individual
that has submitted the deposit.
1.10. Administration Fees for Dormant Account
In the event that no trading activity has been executed in your Account for a period of at least six months, We will regard your account to be dormant. An account shall be deemed as dormant from the first day following the last day of the sixth month in which no trading activity was executed. Once an Account is deemed dormant, any available trading bonuses shall be removed from the account and We shall deduct a monthly fee equal to the lower of $5 (Five Dollars) or 10% of the funds in the account on the date that it became dormant. Such monthly fees shall be deducted until the balance of the account has reached zero and dormant account with a zero balance will be closed. In the event that You execute at least one trade in your account following the date your Account became dormant, RETAILFX will cease to deduct the monthly fee unless your Account shall become dormant again, but shall not refund any administration fees already deducted from the account prior to such trade.
2. Intellectual Property
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 our websites
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. Except as expressly
stated herein, You may not without our prior written permission alter,
modify, reproduce, distribute or commercially exploit any materials,
including text, graphics, video, audio, software code, user interface
design or logos, from this or any of our websites.
If You link
from another website to one or more of our websites, your website, as
well as the link itself, may not, without our prior written permission,
suggest that We endorse, sponsor or are affiliated with any non-eToro
website, entity, service or product, and may not make use of any of our
IP other than those contained within the text of the link.
3. Content, Personal Data and Communications within the eToro Community
3.1. Content and Personal
Data
3.1.1 By acceptance of these Terms and Conditions,
You agree and acknowledge that You username, your picture/avatar (if
provided), your state of residency, gender, networks, list of users who
follow You, users who copies You etc., list of users You follow or copy,
and any network status/posts/blogs and any other content options that
enable our users to interact amongst themselves, including without
limitation content and information You post on the eToro Open Book,
comments, feedback, postings and/or 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 (other than your personal
data as described below, collectively, the ג€Contentג€).
All portfolio and trading information performance results shall be
considered non-confidential and non-proprietary information and as eToro
property. By providing such Content, You specifically grant Us a
non-exclusive, irrevocable, transferable, sub-licensable, royalty-free,
worldwide license to use, copy, duplicate store, present and/or publish
all or any part of your Content, and We shall be free to use such Content
in any manner or media whatsoever, on an unrestricted basis and without
any attribution or royalties or other compensation to You.
3.1.2 Your telephone conversations, email/chat communications
with Us may be recorded/maintained by Us. Any recordings shall be and
remain Our sole property and will be accepted by You as conclusive
evidence of their content as recorded by Us. You agree that We may
deliver copies of transcripts of such recordings to any court, regulatory
or government authority, including without limitation, in disputes which
may arise between You and Us.
3.1.3
By entering into these Terms and
Conditions, You are consenting to the transmittal of your personal data
(i.e. your personally identifiable information and your payment details)
to other companies in the eToro group and to external companies to help
Us to process and/or analyze it as part of the provision of Services to
You whether within or outside the European Economic Area. Such personal
data may also be used for marketing purposes, or to conduct market
research for Us or other companies in our group that may use the personal
data to bring to your attention products and services that may be of
interest to You and also to assist in the efficient provision of the
Services.
3.2 Communications within the eToro Community;
Links to Third Party Websites, Newsletters etc.
3.2.1 You acknowledge that You are
responsible for any Content, information and material that You submit or
transmit through any of our websites, applications and/or any network
status/posts/blogs and any other communications and/or content options
available by Us, including your responsibility as to the legality,
reliability, appropriateness, originality and copyright of any such
information or material. Additionally, You represent and warrant that:
(i) You own all right title and interest in any Content provided by You,
and (ii) the posting of your Content by Us (in any manner or media
whatsoever, on an unrestricted basis) does not (and will not) violate the
privacy rights, publicity rights, copyrights, contract rights or any other
rights of any individual or make derogatory remarks regarding, defame or
otherwise criticize any person or entity. You shall be solely liable for
any damage resulting from any infringement or other violation of the
copyrights, trademarks or other proprietary rights of any individual or
entity, and for any other harm or losses resulting from any Content.
3.2.2 In our efforts to
promote collegial, non-misleading and non-defamatory communications
between the members of the eToro OpenBook community, You are strictly
prohibited from: (1) making statement as to your eligibility to provide
investment advice, portfolio management and/or any other services and/or
activity which may require a license, registration and/or notification in
your state of residency and/or in the residency states of our users; (2)
making statement that eToro Group Ltd. and its affiliates endorse,
maintain any control and/or guarantee the accuracy and/or completeness of
the Content published, posted or shared by You with other users; (3)
making statements that are abusive, defamatory, harassing, and/or
insulting statements to other users or otherwise; (4) making statements
that advertise or promote any other online entities and/or your and/or any
services; (5) making statements that contain sexually explicit content
and/or any grossly offensive, including expressions of bigotry, racism,
hatred or profanity or that is hateful, threatening or pornographic;
incites violence or that contain nudity or graphic or gratuitous
violence; (6) sending or otherwise posting unauthorized commercial
communications (such as spam) on our websites, applications and/or
utilizing our services; (7) collecting users' content or information, or
otherwise accessing our websites and/or Services, using automated means
(such as harvesting bots, robots, spiders, or scrapers); (8) engaging in
unlawful multi-level marketing, such as a pyramid scheme, on our websites
and/or using our Services; (9) uploading viruses or other malicious code;
(10) soliciting personal information and/or login information or access
an account belonging to someone else; (11) using our websites and/or
Services to do anything unlawful, misleading, malicious, or
discriminatory; (12) doing anything that could disable, overburden, or
impair the proper working of RetailFX, such as a denial of service attack
and/or facilitate or encourage any violations of these Terms and
Conditions. All unsubstantiated performance claims may be removed from
any of our websites. 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 We will
refund any funds which may be in your account.
3.2.3. Gurus and/or leading traders may be subject to
additional rules of conduct and restrictions relating to their Content or
trading activity which may be imposed by Us from time to time either
generally or as a part of specified promotions. If You have been
qualified as a ג€Guruג€ or a leading trader please contact your account
manager to receive further information with respect to any such
restrictions which may be applicable to You. 3.2.4. We do not undertake to review
and monitor all the Content and We do not in any manner endorse, support,
sanction, encourage, verify or agree with any such Content. We reserve
the right to review, monitor, revise and/or remove any such Content in
any way We see fit in Our sole discretion. You acknowledge that We may
report to government authorities any actions that may be considered
illegal and/or which may be required by such authorities. When requested,
We may cooperate with government authorities in any investigation of
alleged illegal activity. You further confirm and acknowledge that We may
also maintain records of all such Content.
3.2.5. At certain times, We may provide You with
various analytical tools (such as market data, exchange rates, news,
headlines and graphs), links to other websites, circulate newsletter
and/or provide You with third partiesג€™ information for your convenience.
By doing so, We are not endorsing, giving any representation, warranting,
guaranteeing or sponsoring the accuracy, correctness, timeliness,
completeness, suitability of such information for You and/or as to the
effect or consequences of such information on You. Such information and
tools are provided solely to assist You to make your own investment
decisions and does not amount to investment advice or unsolicited
financial promotions to You. You understand that We are not obligated to
continue to provide the above mentioned tools and information and We may
remove such 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 provided by third parties
for the benefit or our users and 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. As such, We urge You to read and fully
understand the terms and conditions and other policies of such websites,
newsletters and information before using them. Any information or
material placed on our websites by third parties reflects solely and
exclusively the views, and are the responsibility of, those who post such
information or material, and do not represent the views of eToro Group
Ltd. and/or its affiliates. Such information is not to be considered as
constituting a track record. Past performance is no guarantee of future
results and We specifically advise clients and prospects to carefully
review all claims and representations made by other traders, advisors,
bloggers, money managers and system vendors before making an investment
decision on the basis of any of the foregoing. IN NO EVENT SHALL
ETORO GROUP LTD. AND/OR ITS AFFILATES BE LIABLE, DIRECTLY OR INDIRECTLY,
TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE,
CONTINUED USE OR RELIANCE ON ANY SUCH TOOLS, WEBSITES, NEWSLETTERS AND/OR
INFORMATION. 3.2.6.
Neither We, nor our officers, principals, employees or agents shall be
liable to any person for any losses, damages, costs or expenses
(including, but not limited to, loss of profits, loss of use, direct,
indirect, incidental or consequential damages) resulting from any errors
in, omissions of or alterations to any information and/or Content. The
foregoing shall apply regardless of whether a claim arises in contract,
tort, negligence, strict liability otherwise.
3.2.7. For further risks associated with Information
and/or social trading features provided and/or made available on our
websites, including without limitation, the eToro Open Book, ג€followג€,
ג€copyג€ and/or ג€copytraderג€, traders rankings, featured users, advanced
search options and/or any other social trading feature to be made
available by Us - see Section 4 below.
4. Risks Disclaimers and Limitations on Liability
4.1. General 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 trading contracts for differences in relation to foreign
currencies, commodities and indices. It is also important to have
relevant experience when entering financial contracts and transactions.
As You know, the forex, commodities, indices market is a dynamic arena
and their respective prices are often highly unpredictable and volatile.
In addition, use of our Services and can never be considered a safe
investment rather only an investment with a high 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 websites 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. 4.2. Accountability for Each Financial
Transaction By using our Services, You agree to be fully,
independently and personally liable for each transaction and/or credit
card transaction made on our System through your 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.
4.3. 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. These Terms and
Conditions 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 Services 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 these Terms and Conditions, your access to the
Services may be terminated immediately and/or your account blocked. If
your account is terminated or blocked in such circumstances, RETAILFX is
under no obligation to refund any funds that may be in your account,
unless otherwise instructed by a relevant regulatory authority. 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 the 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.
4.4. Additional Risk Disclosures It is important that
You be fully aware of the following points:
- RETAILFX reserves the right to close part,
or all, of customers' open positions, in order to facilitate the charge
of any fees or amounts due by You. Notwithstanding, You shall be liable
for promptly paying such fee(s) to RETAILFX even if You 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 that 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.
- In the event liquidity providers are unable
to provide liquidity to Us your order may experience delays in
execution or You may not be able to place orders entirely. The size of
the order may also impede the speed at which the order is executed.
Keep in mind that it is only necessary to enter any order once. Multiple
entries for the same order may inadvertently open unwanted positions.
- 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 CFD transactions with respect to foreign currencies,
commodities and indices 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
CFD transactions with respect to foreign currencies, commodities and
indices should bring You great benefits, nor is it possible to
guarantee, that your transactions will yield favorable results.
- Even though the foreign currencies,
commodities and indices 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 on an order (either stop
loss or take profit) at a stipulated price impossible.
- Accordingly, 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 Your consent.
- Under abnormal market conditions, CFDs may
fluctuate rapidly to reflect unforeseeable events that cannot be
controlled either by Us or by You.
- It is important to make a distinction
between indicative prices which are displayed on charts and dealable
prices which are displayed on our WebTrader. Indicative quotes only
give an indication of where the market is. Because the forex and
derivatives products market are decentralized, meaning it lacks a
single central exchange where all transactions are conducted, each
market maker may quote slightly different prices. Therefore, any prices
displayed on any chart made available by us or by a third party will
only reflect "indicative" prices and not necessarily actual "dealing"
prices where trades can be executed.
- The risk information presented here does not
reflect all of the risks as well as other important aspects intrinsic
to CFD transactions with respect to foreign currencies, commodities and
indices. Therefore, before starting to trade, You should learn the
specifics of trading on such transactions in detail or seek further
advice.
- Unless You have elected to carry a trade
over the weekend, all trades will automatically close out in the real
money mode when market closes at the end of the business week at the
rates available on the end of the last trading day of the relevant week.
All statements with respect to real money accounts will be open during
the weekend and all traders are welcome to view their trading account
info. RetailFX reserves the right not to offset contracts carried over
the weekend shortly after markets are open. RetailFX will allow
offsetting contracts carried over the weekend when market liquidity
conditions are reasonable.
- There are a series of inherent risks with
the use of the mobile trading technology such as the duplication of
order instructions, latency in the prices provided, and other issues
that are a result of mobile connectivity. Prices displayed on the mobile
platform are solely an indication of the executable rates and may not
reflect the actual executed price of the order. Our mobile feature
utilizes public communication network circuits for the transmission of
messages. We shall not be liable for any and all circumstances in which
You experience a delay in price quotation or an inability to trade
caused by network circuit transmission problems or any other problems
outside our direct control, which include but are not limited to the
strength of the mobile signal, cellular latency, or any other issues
that may arise between You and any internet service provider, phone
service provider, or any other service provider. Please further note
that some of the features available on the Webtrader or our Social
Trading Features may not be available on our mobile
feature.
4.5. Risks Associated with Social Trading
EToro Group Ltd. And its affiliates are proud to provide You with the
ability to interact, follow and copy other traders by using Information
and/or social trading features provided and/or made available on our
websites. Such social trading features include but are not limited to the
eToro Open Book, ג€followג€, ג€copyג€ and/or ג€copytraderג€ traders rankings,
ג€featured usersג€ and/or any advanced search options etc. (collectively,
ג€Social Trading Featuresג€). However, We note that Social
Trading Features are associated with various risks and You are urged to
carefully read and consider the following risks before utilizing either of
our Social Trading Features: 4.5.1. Social Trading Features
are provided by Us solely for informational purposes. Etoro Group Ltd.
and its affiliates and their employees and agents are not investment or
financial advisers. IF YOU MAKE INVESTMENT DECISIONS IN RELIANCE
ON INFORMATION WHICH IS AVAILABLE ON OUR WEBSITES OR AS A RESULT OF THE
USE OF THE SOCIAL TRADING FEATURES, YOU DO SO AT YOUR OWN RISK AND ETORO
GROUP LTD. AND ITS AFFILIATES, THEIR EMPLOYEES AND ITS AGENTS WILL NOT BE
LIABLE FOR ANY LOSSES THAT YOU MAY SUSTAIN. YOU SHOULD NOT MAKE ANY
INVESTMENT DECISION WITHOUT FIRST CONDUCTING YOUR OWN RESEARCH. YOU ARE
SOLELY AND EXCLUSIVELY RESPONSIBLE FOR DETERMINING WHETHER ANY
INVESTMENT, OR STRATEGY, OR ANY OTHER PRODUCT OR SERVICE IS APPROPRIATE
OR SUITABLE FOR YOU BASED ON YOUR INVESTMENT OBJECTIVES AND PERSONAL AND
FINANCIAL SITUATION. 4.5.2 A copied
traderג€™s positions shall be copied with the same proportional amounts and
with the same leverage, to the maximum extent possible. All such
positions shall be closed automatically if and when closed by the copied
trader and/or if the copied traderג€™s positions were automatically closed
by Us, for whatsoever reason, without providing any further notice and
without any action on your part. You should be able and prepared to bear
the loss of the entire investment You made in such a copied trader. You
are fully responsible for any losses You may sustain as a result of our
automatic execution of instructions generated as a result of the
utilizing of any of the Social Trading Features. 4.5.3. If
You place additional trades in your account or You modify or cancel an
order generated by a Social Trading Feature You may achieve a materially
different result than the user that You copied. 4.5.4. Any
past performance of our users indicated on our websites is not indicative
of future results and should be considered as hypothetical as more fully
described below. It is important to understand that historical
performance is not a guarantee of future performance. When reviewing the
Content, portfolio, financial performance information, opinions or advice
of another registered user, You should not assume that the user is
unbiased, independent or qualified to provide financial information or
advice. 4.5.5. HYPOTHETICAL PERFORMANCE RESULTS HAVE
MANY INHERENT LIMITATIONS. NO REPRESENTATION OR GUARANTEE IS BEING MADE
THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR
TO THOSE SHOWN AND MAY NOT TAKE INTO ACCOUNT FEES, SPREADS AND/OR TRADING
COMMISSIONS THAT MAY BE CHARGED. THE ACTUAL PERCENTAGE GAINS/LOSSES
EXPERIENCED BY INVESTORS WILL VARY DEPENDING ON MANY FACTORS, INCLUDING
BUT NOT LIMITED TO: STARTING ACCOUNT BALANCES (DEPOSITS AND WITHDRAWALS),
MARKET BEHAVIOR, THE INVESTORג€™S ACCOUNT SETTINGS AND THE PERFORMANCE OF
THE COPIED USER. BECAUSE OF THIS, ACTUAL PERCENTAGE GAINS/LOSSES
EXPERIENCED BY INVESTORS MAY BE MATERIALLY DIFFERENT THAN THE PERCENTAGE
GAINS/LOSSES AS PRESENTED ON THIS WEBSITE. IN FACT, THERE ARE FREQUENTLY
SHARP DIFFERENCES BETWEEN HYPOTHETICAL PERFORMANCE RESULTS AND THE ACTUAL
RESULTS SUBSEQUENTLY ACHIEVED BY ANY PARTICULAR TRADING PROGRAM. ONE OF
THE LIMITATIONS OF HYPOTHETICAL PERFORMANCE RESULTS IS THAT THEY ARE
GENERALLY PREPARED WITH THE BENEFIT OF HINDSIGHT. IN ADDITION,
HYPOTHETICAL TRADING DOES NOT INVOLVE FINANCIAL RISK, AND NO HYPOTHETICAL
TRADING RECORD CAN COMPLETELY ACCOUNT FOR THE IMPACT OF FINANCIAL RISK IN
ACTUAL TRADING. FOR EXAMPLE, THE ABILITY TO WITHSTAND LOSSES OR TO ADHERE
TO A PARTICULAR TRADING PROGRAM IN SPITE OF TRADING LOSSES ARE MATERIAL
POINTS WHICH CAN ALSO ADVERSELY AFFECT ACTUAL TRADING RESULTS. THERE ARE
NUMEROUS OTHER FACTORS RELATED TO THE MARKETS IN GENERAL OR TO THE
IMPLEMENTATION OF ANY SPECIFIC TRADING PROGRAM WHICH CANNOT BE FULLY
ACCOUNTED FOR IN THE PREPARATION OF HYPOTHETICAL PERFORMANCE RESULTS AND
ALL OF WHICH CAN ADVERSELY AFFECT ACTUAL TRADING RESULTS.
4.5.6. NO ASPECT OF THE INFORMATION AND/OR SOCIAL TRADING
FEATURE PROVIDED AND/OR MADE AVAILABLE ON OUR WEBSITES IS INTENDED TO
PROVIDE, OR SHOULD BE CONSTRUED AS PROVIDING, ANY INVESTMENT, TAX OR OTHER
FINANCIAL RELATED ADVICE OF ANY KIND. YOU SHOULD NOT CONSIDER ANY SUCH
CONTENT AND/OR ANY SUCH FEATURE TO BE A SUBSTITUTE FOR PROFESSIONAL
FINANCIAL ADVICE. IF YOU CHOOSE TO ENGAGE IN TRANSACTIONS BASED ON
CONTENT ON THE WEBSITE AND/OR ELECT TO COPY SPECIFIC TRADERS AND/OR
TRADES, THEN SUCH DECISION AND TRANSACTIONS AND ANY CONSEQUENCES FLOWING
THEREFROM ARE YOUR SOLE RESPONSIBILITY. WHILE INDIVIDUAL PARTICIPANTS MAY
OFFER INVESTMENT ADVICE OR OPINIONS AND/OR EFFECT A TRANSACTION WHICH MAY
BE SUBSEQUENTLY COPIED BY ANOTHER TRADER, SUCH ADVICE, OPINIONS OR TRADES
AMOUNT TO NOTHING MORE THAN EXCHANGES BETWEEN PERSONS WHO MAY BE
ANONYMOUS OR UNIDENTIFIABLE OR SIMPLY THE EXECUTION OF A TRADE BY SUCH
TRADERS. ETORO GROUP LTD. AND ITS AFFILIATES DO NOT PROVIDE INVESTMENT
ADVICE DIRECTLY, INDIRECTLY, IMPLICITLY, OR IN ANY MANNER WHATSOEVER BY
MAKING SUCH INFORMATION AND/OR FEATURES AVAILABLE TO YOU. YOU SHOULD USE
ANY INFORMATION GATHERED FROM HERE AND/OR UTILIZE THE SOCIAL TRADING
FEATURES ONLY AS A STARTING POINT FOR YOUR OWN INDEPENDENT RESEARCH AND
INVESTMENT DECISION MAKING.
5. INDEMNIFICATION AND LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT YOUR USE OF
THE WEBSITE, AND ANY PUBLICATIONS, PRESENTATIONS, FINANCIAL TRADING
INFORMATION, PRICING DATA, TRADE DATA, PERFORMANCE INFORMATION, BLOGS,
POSTINGS, OR OTHER INFORMATION, CONTENT, SERVICES AND MATERIALS CONTAINED
IN, ACCESSED VIA, OR DESCRIBED ON OUR WEBSITE, IS AT YOUR OWN RISK, AND
THAT ALL SUCH INFORMATION, CONTENT, SERVICES AND MATERIALS ARE PROVIDED
ON AN ג€AS ISג€ AND ג€AS AVAILABLEג€ BASIS. TO THE FULL EXTENT PERMISSIBLE BY
APPLICABLE LAW, WE MAKES NO, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY,
OPERATION AND USE OF OUR WEBSITES OR THE INFORMATION, CONTENT, MATERIALS
OR SERVICES ON OR ACCESSED VIA OUR WEBSITES, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING
OR COURSE OF PERFORMANCE. NEITHER THE WEBSITE, NOR ANY INFORMATION,
CONTENT, MATERIALS, OR SERVICES AVAILABLE VIA THE SITE, CONSTITUTES OR IS
INTENDED TO CONSTITUTE, OR SHOULD BE CONSTRUED AS, A SOLICITATION OR ANY
OFFER TO BUY AN INTEREST IN ANY SECURITY, INVESTMENT ADVICE OR A
RECOMMENDATION OR PROMOTION OF ANY TRANSACTION OR OTHER FINANCIAL PRODUCT,
INVESTMENT MANAGER, OR TRADING OR INVESTMENT STRATEGY. IN ADDITION, WE DO
NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS
ACCURATE, COMPLETE, RELIABLE OR CURRENT, AND WE ARE NOT RESPONSIBLE FOR
ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING
FROM YOUR RELIANCE ON ANY ASPECT OF THE SITE. FURTHER, WE MAKE NO
REPRESENTATIONS AND WARRANTIES THAT OUR WEBSITES WILL BE UNINTERRUPTED,
SECURED, OR FREE OF ERRORS OR VIRUSES, OR OTHER HARMFUL
COMPONENTS. IN NO EVENT SHALL WE OR OUR AFFILIATES,
OR THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF ETORO
GROUP LTD. OR ITS AFFILIATES (THE ג€ETORO PARTIESג€) BE LIABLE TO YOU OR
ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, ACCESS
TO, RELIANCE ON, INABILITY TO USE OR IMPROPER USE OF OUR WEBSITES, ANY
INFORMATION POSTED ON OUR WEBSITES BY ITS USERS, OR ANY OTHER
INFORMATION, CONTENT, MATERIALS OR SERVICES AVAILABLE ON OUR WEBSITES
(INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE,
INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS,
GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA), EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF
ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. 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. CERTAIN STATE LAWS DO NOT
PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF
CERTAIN TYPES OF DAMAGES, AND THUS SOME OR ALL OF THE DISCLAIMERS,
EXCLUSIONS OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
6.Technical Features and Requirements
6.1. 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. 6.2. 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. 6.3.
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. 6.4. Maintenance Shut Downs We
maintain our continuing right to shut down our operations and close our
Services 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 RETAILFX for Forex or
derivative products 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.
7. Prohibited Trading techniques
7.1. 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 RETAILFX
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. 7.2. 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 and/or terminating the user account. RetailFX reserves the right
to seize any profits and/or revenues generated directly or indirectly by
exercising prohibit trading activity as described in this Section 7.
7.3. Abusive trading technique Internet,
connectivity delays and price feed errors sometimes create a situation
where the prices displayed on the RETAILFX online facility do not
actually reflect the market rates. The concept of arbitrage and
ג€scalpingג€, or taking advantage of these internet delays, cannot exist in
an OTC market where the client is buying or selling directly from the
market maker. RETAILFX does not permit the practice of arbitrage on the
RETAILFX online facility. Transactions that rely on price latency
arbitrage opportunities may be revoked. RETAILFX reserves the right to
make necessary corrections or adjustments on the account involved.
Accounts that rely on arbitrage strategies may at RETAILFX sole
discretion be subject to RETAILFX intervention and RETAILFX approval of
any orders. Any dispute arising from such quoting or execution errors
will be resolved by RETAILFX in RETAILFX sole and absolute
discretion. 7.3. Measures in respect of Prohibited Trading
Techniques In the event that We determine, at our own
discretion, that prohibited trading technique has been used, We reserve
our right to take action as We see fit, including completely blocking
access to the Services, terminating the user account and seizing all
profits and revenues generated directly or indirectly from such technique
in any affected users accounts.
8. Conflicts of Interests
8.1. You accept and confirm that a conflict
of interests may arise when the interest of eToro Group Ltd. and its
affiliates competes or may appear to compete with your interests under
these Terms and Conditions. 8.2. Specifically you hereby
acknowledge and confirm that:
- We may assign or transfer the execution
of Your orders to another member of the eToro group or
companies;
- We may execute at the same time orders by
different customers that are opposite to one another;
- We may establish business, including
without limitation, trading relationships with other issuers of
financial instruments and We may have a financial interest in such
instruments;
- We act as a market maker and in this
context there may be inherent conflicts of interest; and
- We may compensate and/or share our
revenues from your activity with our affiliates, partners and/or other
similar parties performing marketing activities on our behalf. For
instance, for information as to compensation paid to our affiliates
please see http://www.etoropartners.com/. You hereby further
acknowledge that We also may compensate other users who You have
elected to follow and/or copy (such as qualified Gurus).
9. Miscellaneous
9.1. 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
under the applicable law. In such an event, You shall have no claim
towards RETAILFX with regard to any such deductions. 9.2.
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. 9.3. Governing Law &
Jurisdiction These Terms and Conditions shall be governed
by and construed in accordance with 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. The competent courts in Limassol, Cyprus shall have sole and
exclusive jurisdiction regarding any dispute or claim arising hereunder.
9.4. Marketing promotions and Bonuses
General Bonus Policy - In the interest of fair trading, traders must buy
or sell at least (10) Ten mini lots in real-money mode for each unit of
$10 bonus granted by RetailFX before submitting any withdrawal requests.
Each mini lot accounts for 10,000 currency units You choose to buy or
sell. For Example: If You receive a bonus of $25
your trading requirement is 25 mini lots which equal 250,000 currency
units. Keep in mind that the number of currency units youג€™re buying or
selling per trade is determined by the amount of your trade X the
leverage. So for example if youג€™re making a trade for the amount of $25
with a leverage of 1:400, 25x400=10,000 so youג€™re buying or selling one
mini lot. By accepting any bonus from RetailFX You deem to
accept all of the terms & conditions of Bonus Policy above.
All promotions, bonuses or special promotions that We offer or will
offer in the future are subject to specific promotional terms and
conditions. All complimentary bonus money credited to your account must
be strictly used under the specific promotionג€™s 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.
Any eligibility for a bonus will grant the bonus to be credited
only once per account, person, household and/or any environment where
computers are shared. 9.5. Termination of these Terms and
Conditions 9.5.1 We reserve the right to terminate
these Terms and Conditions and your account and registration
(including your username and password) in the following cases:
- If for any reason We decide to discontinue to provide the Service,
by providing at least a 5 (five) calendar days notice (which may be
provided by email, facsimile etc.);
- If We believe that You have
breached any of the terms of these Terms and Conditions, immediately
without notice;
- If your use of the Service has been in any way
improper or breaches the spirit of these Terms and Conditions; or
- an
issuance if an application, order, resolution or other announcement in
relation to the bankruptcy or winding-up proceedings in which You are
involved, immediately without notice;
- the death of the user,
immediately without notice
You may terminate these Terms and
Conditions and your account and registration (including your username and
password) at any time by sending an email to such termination to take
effect upon RETAILFX 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. If these Terms and
Conditions are 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. 9.6.
Severability If any part of these Terms and Conditions
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. 9.7. Modifications to These
Terms and Conditions We reserve the right to amend, revise,
modify, and/or change these Terms and Conditions at any time.
9.8. Contact details and customer support services:
RetailFX is committed to provide the most professional customer support
services: You are welcome to contact Us in any question and/or concern
You may have in the following contact methods: Our Address:
RetailFX Limited 7 Omirou St., 2nd Floor, 3095
Limassol, Cyprus Phone: +35725030234 +35725030234
Call Us from these countries:

|
Argentina |
54-1152391459 |
|

|
Panama |
5078365039 |
|

|
Russia |
74955041099 |
|

|
Ukraine |
380445945748 |
|

|
Australia |
611800778072 |
|

|
United Kingdom |
448081201595 |
|

|
Italy |
390662207553 |
|

|
Bahrain |
97316199183 |
|

|
Spain |
91-1876409 |
|

|
Germany |
221-37050003 |
Contact Us: http://www.etoro.com/application/help/contact.aspx-
Technical questions, troubleshooting and any complaint
info@retailfx.com - Trading-related or account questions
PLEASE PRINT A COPY OF THESE TERMS AND CONDITIONS FOR YOUR RECORDS
-------------------------------------------------------------------------------
END USER LICENSE AGREEMENT ETORO GROUP LTD.
Installing the software that You have downloaded from Our website means
that You have given Your acceptance of the terms of this End User License
Agreement ("Agreement") as set forth below:
1. Scope of Agreement
These Terms and Conditions applies to
any: (i) Web pages, (ii) Services, (iii) Content, (iv) Databases and (v)
information together with the software (collectively referred to as the
"Services") provided by eToro Group Limited ("eToro Group Limited" or
"Us" or "Our"). The content and information included in these Services
are provided by eToro Group Limited. Carefully read all the terms and
conditions of these Terms and Conditions prior to installing this
software. If You ("You" or the "User") do not agree to these terms and
conditions, You may not install this software, please do not commence the
installation process and destroy any file relating to the software in
Your possessions. The conditions of these Terms and Conditions may be
updated by eToro Group Limited from time to time, without prior notice to
User. The use of the Services may be subjected to additional terms and
conditions, which will be published by eToro Group Limited from time to
time. eToro Group Limited may amend these Terms and Conditions at any
time.
2. Account User Information and User security:
In order to use the Services You shall receive specific Account User
Information. It is Your responsibility to keep the Account User
Information secret and You are responsible for all actions made using
Your Account User Information. You agree: (a) to immediately notify eToro
Group Limited of any unauthorized use of the Account User Information or
of any other violation of security and (b) at the end of each use, to log
out from Your account in an orderly way.
3. Privacy
This Section explains the manner in which We collect and maintain
non-public information about Our customers (such as Your full name,
mailing address, identification number, passports, driver's license etc.,
hence forth "Information"). By providing Us with
Information, You are giving Us Your consent to collect, use and store the
Information in the manner explained herein. When Do We
collect Information from You? We collect information from You
when You (a) open an account and provide Us with Information through
electronic registration forms; (b) make a transaction with Us including
when You deposit and withdraw funds; Additionally, from time to time, We
may collect Information about You from third party entities such as
information about Your credit history agencies. The Information We collect
directly from You includes Information required to communicate with You
such as Your address, phone number, e-mail. Furthermore, We may collect
other identifiable Information such as identification numbers and/or
Passport/Tax registration numbers. We may also collect demographic
information when You open an account, including Your gender, birth date,
etc. We may also need to evaluate Your trading experience, average annual
income, estimated net worth and make an assessment about Your risk
factor. How Do We collect Information? You
directly provide Us with most of the Information We collect. You do this
by filling out the electronic form that We post on Our website and by
voluntarily providing Us with other required documents. Additionally, You
provide Us with Information by trading on Our system, by contacting Us or
responding to a promotion. The information We indirectly collect may
include logging Your Internet Protocol (IP) address, software
configuration, operating system and use of Cookies; Cookies are small
files sent from Us to Your computer and sometimes back. Cookies
ultimately help Us improve Your navigation and ease of use of Our
website. Cookies do not contain any personally identifiable information.
How Do We Use the Information Collected?
- Use of
Information
We use personal information only as appropriate
to provide You quality service and security. For example, We may use the
Information collected from You to verify Your identity. We may also use
this Information to establish and set up Your trading account, issue an
account number, issue a password, log Your activity and contact You from
time to time. The Information helps Us improve Our services to You,
customize Your browsing experience and inform You about additional
products, services or promotions that may be of interest to You. Should
You ever deactivate Your account with Us, We will keep Your information
on file, but only use it to comply with regulatory requirements and to
contact You occasionally with the option to reactivate Your account.
Please note that You may opt out of Our Information sharing policies at
any time by notifying Us of Your desire to do so as explained below;
- Sharing Information
We do not disclose or share
Information about any of Our Users (whether active or inactive) to any
non-affiliated third parties other than in the manner and to the entities
set forth below:
- To any affiliate and/or subsidiary of Us;
- To
service providers for the purpose of opening, operating and servicing Your
account. Such service providers may include attorneys, accountants,
auditors, financial and other professionals;
- To respond to a
subpoena or court order, judicial process or to regulatory authorities;
and
- To protect against fraud, unauthorized transactions (such as
money laundering), claims or other liabilities.
- We do not share
credit information, such as credit history, net worth, or other income
information.
- eToro OpenBook
The eToro OpenBook is a
real-time social trading platform, which integrates rich community and
social characteristics into the trading platform. As part of the eToro
tradersג€™ network, traders who choose to be part of the community share
their strategies and performance with the community. The personal
information of the traders and the amount traded is never disclosed and
all traders are required to agree to be part of the network and share
their strategies and performance. You can always opt-in and
opt-out the eToro OpenBook community, very simply, at Your discretion.
- Security and Integrity of Information
We protect Your
Information by using data security technology and using tools such as
firewalls and data encryption. We also require that You use a personal
username and password every time You access Your account online. We
restrict access to Information at Our offices so that only officers
and/or employees who need to know the Information have access to it.
- Changes to this Privacy Policy
We reserve the right to
amend, revise, modify, and/or change this Privacy Policy at any time.
Should We decide to make any changes to this Privacy Policy, such changes
shall be incorporated into our revised Privacy Policy which shall be
presented on our Website.
- Updating Your Information
In
the event that You believe Our Information is in anyway inaccurate,
please let Us know immediately. We will make sure We investigate the
matter and correct any inaccuracies as quickly as possible where
necessary.
- Questions
Should You have any questions
regarding Our privacy policy, please contact Us at info@etoro.com. Please
include Your name, mailing address, email and telephone number.
4. Financial Disclaimers The Services and the software
should be used with knowledge and skill notwithstanding any particular
user's investment objectives, financial situation, or means, and eToro
Group Limited is not soliciting any action based upon it. eToro Group
Limited does not recommend any form of financial transaction; or solicit
to enter into any financial transaction, financial engagement; or
otherwise encourage You to follow any specific trading strategy in any
jurisdiction in which such an offer or solicitation, or trading strategy
would be illegal.
5. General Restrictions 5.1.
You may: Use the Services and software on a single
workstation only. This does not include use on a computer network.
5.2. You may not: 5.2.1. Loan, rent, lease, give,
sub-license or otherwise transfer the Services (or any copy thereof) in
whole or in part, to any other party. 5.2.2. Copy, alter,
translate, decompile or reverse engineer the software, including but not
limited to, modify the Services in any way. 5.2.3. Remove,
alter or cause not to be displayed, any trademarks, copyright notices or
start-up messages contained in the programs and/or documentation.
ETORO GROUP LIMITED MAY TERMINATE THIS LICENSE, CANCEL THE USERג€™S
PASSWORD AND/OR THE USERג€™S ACCOUNT (OR PART OF IT) IF YOU FAIL TO COMPLY
WITH THE TERMS AND CONDITIONS SET FORTH ABOVE.
6. Property
Rights 6.1. All trademarks, domain names, Services names, and
other support materials are patented, copyrighted, trademarked or
otherwise owned by eToro Group Limited as trade secrets and/or
proprietary information. eToro Group Limited retains exclusive ownership
of the Services and of the trademarks. All techniques, algorithms and
processes contained in the Services or any modification or extraction
thereof constitute trade secrets and/or proprietary information of eToro
Group Limited and will be protected by these Terms and Conditions.
6.2. Any information and data provided by the Services is protected
by international copyright laws. You shall respect all such proprietary
rights and unless You were given an explicit permission by eToro Group
Limited, You shall not use the Services, or any other information or the
software for any purpose, other than personal ordinary purposes, and You
shall not change, sell and/or distribute Our Services and/or create any
products based on Our Services, or on part of it, without Our prior
written consent. 6.3. These Terms and Conditions does not
dispose any property right in the Services and/or in the software.
7. Disclaimer of Warranties
eToro Group Limited
expressly disclaim all warranties of any kind, express or implied. The
Services are provided ג€AS-ISג€, and eToro Group Limited and/or any
third-party Information Provider provide the Services without
responsibility for accuracy and correctness. By using the Services You
agree that errors and/or omissions contained in such information shall
not be made the basis for any claim, demand or cause of action against
eToro Group Limited.
8. Limited Liability eToro
Group Limited shall not be liable for any direct, indirect, incidental,
special or consequential damages arising out of or relating to these
Terms and Conditions or resulting from the use or the inability to use
the Services or software, including but not limited to damages for loss
of profits, use, data or other intangible damages, even if eToro Group
Limited has been advised of the possibility of such damages.
9. Links The Services may contain links to websites which are
not operated by eToro Group Limited and eToro Group Limited is not
responsible for the content on these Internet pages. eToro Group Limited
makes no representations as to the quality, suitability, functionality or
legality of any sites to which eToro Group Limited may provide links, and
User hereby waives any claim User may have against eToro Group Limited
with respect to such sites.
10. User Conduct
10.1. You shall not use the Information for any unlawful or unauthorized
purpose. The use and interpretation of the Services requires skill and
judgment, and You shall at all times exercise Your own judgment in the
use of the Services. 10.2. You agree not to use to the
Services in order to: 10.2.1. Disturb or damage the Services
or the servers or the networks connected to the Services. The User must
not ignore conditions, policies and/or regulations of networks which are
connected to the Services. 10.2.2. Violate deliberately or
not deliberately any local, state, national or international law which
applies to our software. 10.3. By using the Services You
acknowledge that You are well informed that eToro Group Limited does not
perform any prior filtering of the content and/or financial information
made available through the Services by third parties. Notwithstanding the
aforementioned, eToro Group Limited and/or its agents, shall have the
right to remove any content which violates this license conditions or
which arises opposition in any other way. 10.4. You agree
that it is up to You to evaluate the risks involved with the use of the
Service, including the reliance upon the accuracy, perfection and/or
benefit of the content made available by the Service. And You agree that
the risks with such use shall be on You.
11. Term of License
eToro Group Limited may exercise full discretion in modifying
or discontinuing any part or whole of the Services subject to these Terms
and Conditions at any time without cause or prior notice.
12. General
Our failure or neglect to perform or enforce any of
any rights or conditions under these Terms and Conditions shall not be
considered as a waiver of such a right or condition. Should any provision
of these Terms and Conditions be held to be void, invalid or inoperative,
the remaining provisions of these Terms and Conditions shall not be
affected and shall continue in effect. In addition, if any particular
provision contained in these Terms and Conditions shall, for any reason,
be held to be excessively broad with regard to time, geographic scope or
activity, the term shall be construed in a manner to enable it to be
enforced to the extent compatible with applicable law.
13.
Acknowledgment You acknowledge reading these Terms and
Conditions, understanding it, and agree to be bound by its terms and
conditions.
14. Governing Law and Forum Selection
The validity of these Terms and Conditions and the rights, obligations
and relations of the parties shall be construed and determined in
accordance with the laws of British Virgin Islands. You acknowledge that
any action or suit brought to enforce any right or remedy of these Terms
and Conditions shall be subject to the exclusive jurisdiction and venue
of Cyprus.
LAST UPDATED: November 15th,
2011
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