Terms and Conditions
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 the promotion's specific terms and conditions. All complimentary bonus
credit to your account must be used under each promotion's 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.
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