Terms and Conditions.
You shall bear in mind, that the English form of the T&C of this website is translated to other languages, only for convenience. In case of any contradiction between the English version form of the T&C and any translated form of the T&C, the terms of English form will govern any translated form.
- This Agreement will be governed by in accordance with the laws of Marshall Islands without regard to its choice of law principles. Any legal action or proceeding arising in connection with this Agreement will be brought exclusively in courts of Marshall Islands, and the parties irrevocably consent to such personal jurisdiction and venue.
- By use of the services offered by the Company, the Client hereby acknowledge his irrevocable acceptance of, and compliance with, all the terms and conditions stated herein, and his being of full, unlimited, unrestricted legal capacity to execute transactions offered by this site. The client hereby declares that his personal details, where applicable, are complete, up to date, and correct.
- The Company reserves the right at any time, to amend, alter, modify or change, as it sees fit, any term of these terms without any prior notice, and the Client hereby agrees to conform to the current version as published in this site. Client hereby agrees that the Company reserves the sole right at any time, and in its sole discretion, to choose the assets on which options will be traded on the Site, the way they will be calculated and shall also have the right to change them at any time.4. Words and expressions herein using the masculine gender shall also refer to the feminine gender, and words and expressions using persons, shall include also incorporated bodies.
- The time presented on this site and/or concerning any activity shall be based on the GMT time zone.
- All intellectual property, including but not limited to, content, information, patents, trademarks, copyrights, modules, techniques, know-how, algorithms, methods of doing business, user interfaces (UIs), graphic design, look and feel, and software; and all developments, derivatives, and improvements thereto, whether registered or not (the “IP” or “Intellectual Property”), are owned in their entirety by the Company and/or by third parties who has granted the Company license to use such IP. All rights reserved.
- The Client is hereby given a limited non-exclusive right to use the IP included in this site for his personal, non-commercial, non-transferable use, with regards to the services offered on this site only. Unless expressly stated herein Company grants no other IP right or license to the Client. The Client hereby undertakes not to duplicate or transfer any of his rights without prior written consent of the Company, nor to change, edit or remove any material from the Site. Without derogating from the aforesaid, Client is authorized to print only one copy printout from the site for his personal use.
- The Company will collect KYC documents before or right after the clients makes first deposit (passport copy, CC photo copy, showing client’s name and last 5 digits of CC number).
- The Company may include in the site information, data, links, promotional offers or any other content in any form, including financial content of third parties. Such content is provided only for the Client’s convenience and as an extra service, and will not be considered as advising. In no case, Company shall be responsible for, or shall it deem to give any representation with regard to such content.
- You understand that while the Internet and the World Wide Web generally are dependable, technical problems or other conditions may delay or prevent you from accessing the Website. We shall not be liable for, and you agree not to hold or seek to hold us or any of our 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 or guarantee that you will be able to access or use the Site at times or locations of your choice, or that we will have adequate capacity for the Site as a whole or in any geographic location. We do not represent, warrant or guarantee that the Site will provide uninterrupted and error-free service. We do not make any warranties or guarantees with respect to the Site and its content, including without limitation, warranties for merchantability or fitness for a particular purpose.
- The client hereby accepts that there is no way to cancel any order or transaction once it has been executed. Without derogating from the aforementioned statement, the client understands such limitations by pressing on the Trade icon.
- You hereby represent and warrant (which representations and warranties shall be deemed to be repeated by you on
date on which a transaction is entered into via the Site) that:
- you have full power and authority to bind yourself by these Terms and Conditions, each transaction and any other documentation relating thereto, and to perform your obligations thereunder and each transaction and have taken all necessary action to authorize such execution, delivery and performance;
- any such execution, delivery and performance will not violate or conflict with any law applicable to you, any provision of any constitutional documents or any charge, trust deed, contract or other instrument or any contractual restrictions applicable to, binding on or affecting you or any of your assets or oblige you to create any lien, security interest or encumbrance;
- all information provided by you is true and accurate in all respects;
- all governmental, regulatory and other consents that are required to have been obtained by you in relation to the Site have been so obtained and are in full force and effect and all conditions of any such consents have been complied with;
- your obligations under these Terms and Conditions constitute your legal, valid and binding obligations, enforceable in accordance with their respective terms;
- you will comply with all laws, rules, regulations and disclosure requirements of any relevant jurisdiction, exchange, market or regulatory authority which apply in respect of us, you or your investments from time to time;
- you will promptly give (or procure to be given) to us such information and assistance as we may reasonably require to enable us to assist or achieve compliance with any of the obligations mentioned in relation to your Account or the Site;
- where we provide you with an execution-only service you have the capacity to evaluate and understand the terms, condition and risks of each transaction (whether or not recommended by us) entered into hereunder and you are willing and able to accept those terms and conditions and to assume (financially and otherwise) those risks;
- you are acting as principal in any transactions on the Site and each transaction thereunder;
- if you are in default of any of these Terms and Conditions you will give us notice as soon as you become aware of such occurrence.
- The Company will be bounded only to information and/or orders supplied by either party to the other party in writing. The Client is aware that our site offers high-risk speculative investments that might be illegal in his jurisdiction. Therefore, the Client assumes all responsibility of validity and legality of his actions with respect to this Website. Trading in Forex trading, as may be offered by our Website, could be regarded as a highly speculative investment. This kind of investment carries the risk of losing the Client’s capital in a short period, therefore the Client declares that he fully understands the underlying risks involved and should seek for independent advice.
- Before entering into a limited liability transaction, you should obtain from us a formal written statement confirming that the extent of your loss liability on each transaction will be limited to an amount agreed by you before you enter into the transaction. The amount you can lose in limited liability transactions will be less than in other margined transactions, which have no predetermined loss limit. Nevertheless, even though the extent of loss will be subject to the agreed limit, you acknowledge that you may sustain the loss in a relatively short time. Your loss may be limited, but the risk of sustaining a total loss to the amount agreed is substantial.
- The Company’s liability, to compensate for damages incurred by client, shall be limited to direct damages that client can prove by a final judgment to have incurred, up to a maximum amount equal to the funds client has deposited in his account with the Company. In no case, shall the Company be liable for consequential or special damages (including loss of profits) whether based on contract, tort or any other legal theory, caused to the Client or to third parties. The Client will indemnify and hold the Company and any and all of its related companies, employees, agents and/or officers (“Representatives”) harmless upon any liability and/or claim, in connection with the use of these Site by the Client, including but not limited to any breach of legal requirement or of these Terms by the Client.
- We shall not be liable for any breach of obligation or default of any counterparty, intermediate broker, bank, custodian, sub-custodian, market or market operator, exchange, clearing house, depositary or other third party with whom you do business. We will not be liable for loss suffered by you in connection with the Site unless such loss directly arises from our negligence, willful default or fraud. You will pay us on demand all commissions and other charges due to us, premiums on any option purchased on your instructions, such sums as we may at any time require in or towards satisfaction of any debit balance on your Account or any account comprised therein, and the amount of any trading loss that may result from any transaction hereunder, interest and service charges due to us on the Account and our reasonable costs and legal fees incurred in collecting any such amounts. All payments shall be made in same day and freely transferable funds in such currency and to such bank as we may from time to time specify. Further, you undertake to keep us and our agents and employees fully and effectively indemnified against all costs, charges, liabilities and expenses whatsoever incurred by us and them pursuant to or in connection with the Site unless due to our or their negligence, willful default or fraud. This clause will survive termination of any Agreement between you and us.
- We shall not be liable for any loss, expense, cost or liability (together “Loss”) suffered or incurred by you unless and to the extent that such Loss is suffered or incurred as a result of our negligence or willful default or indirect or consequential loss or damage (whether for loss of profit, loss of business or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in relation to this Agreement; or loss suffered or incurred by you as a result of any error in any order, instruction or information given by you, the Client, or as a result of us acting on any order or instruction which is, or appears to be from you. You shall indemnify us against any claim, cost or expense incurred by us as a consequence of any claim made by any of you against us as a consequence of any acts or omissions by any of you.
- The Company shall not be liable or responsible for any damage, in case of a force majeure event not in Company’s control.
- You acknowledge that margined currency trading is one of the riskiest forms of investment available in the financial markets and is only suitable for sophisticated individuals and institutions. Prices in margined currency trading are highly volatile. The funds in an account trading at maximum leverage can be completely lost, if the position(s) held in the account has a two percent swing in value. Given the possibility of losing an entire investment, speculation in the foreign exchange market should only be conducted with risk capital funds that if lost will not significantly affect your personal or institution’s financial wellbeing. You confirm that the funds you will use on the Site are purely risk capital and loss of your investment will not jeopardize your style of living nor will it detract from your future retirement program. Additionally, you fully understand the nature and risks of currency and currency options investments, and your obligations to others will not be neglected should you suffer investment losses.
- Client’s withdrawal orders from the account shall be executed by either:
- refund of his credit card (only the card by which deposits were made and exactly in and no less than the amount of the deposit); and the rest
- bank wire transfer his bank account (only the account from which deposits were made), subject to identification documents to be delivered by him, and solely pursuant to Company’s discretion which shall make its best efforts to execute such orders by the way the Client has asked. Withdrawals shall be made according to the site procedures and will take up to fourteen (14) banking days or as determined by the billing services provider of the site, the longer between the two. In the Case Client wishes to cancel a withdrawal request he can do so only with respect to withdrawal request that was not completed yet and to which a withdrawal confirmation was not sent yet) and not a request already executed. In case more than one withdrawal request were sent by the Client, and afterwards he requests to cancel part/all of the withdrawal orders, the earlier withdrawal order will be cancelled, and so on.
Clearing and billing services are provided by:
- Adjustments shall be made to the options’ prices, according to the adjustments made with respect to the base assets, in case Client has an open transaction in such option whilst such adjustment made to the base assets. Client hereby agrees that the Company has the exclusive right to round the last digit of any asset.
- The Company, at its sole discretion, may decide (but not be obliged to do so) to offer credit, promotional offers or any other kind of benefits to the Client, to set its conditions, and/or change them without prior notice to the Client. The Company shall not be subject to reason its decision not to be forced to do the same in future transactions of the Client. Once a credit has been awarded/accredited to a client’s account, they will be subject to execute transactions in an amount of at least thirty (30) times the deposit amount and might also subject to minimum deposit and/or minimum volume of trading and/or a certain time limit. Furthermore, the Company may, at its sole discretion, credit the Client with up to Thirty five Percent (35%) credit for each deposit made by the Client up to a maximum of one thousand five Hundred ($1500). Financial credits will be also subject to Client’s full compliance with these Terms.
- Traders are only permitted to open one trade per 2 minutes on any specific contract that goes on the same asset, direction, and expiry time. Also, closing a contract is allowed once per contract. In the case whereby a trader violates this rule, either intentionally or unintentionally, The Company reserves the complete and full right to cancel the trade. At its own discretion, The Company may take action against any trader who has knowingly exploited technical issues and ban them permanently from the Company.
- The Client declares that he understands that due to legal regulations the Company may withhold or deduct payments of any taxes of any kind, limit the services provided herein, freeze accounts pursuant to any official legal order or action, or any other action or restriction as be required by legal authorities or other authorities as determined by relevant regulations. The Client will indemnify and hold the Company and its employees and Representatives harmless upon such action and will not have any right to prevent such action, as Company sees fit, in order to fulfill any such legal order or action.
- The Client hereby declares that he keeps his username and password safe from any third party, and undertakes to notify the Company of any suspected misuse of his account or personal information. For the Client’s protection, all login information must be kept confidential. In the event that the Client provides login information to a third party, the Company will no longer be able to accept liability for the funds in the Client’s account.
- The Client hereby declares that he is aware to the fact, that technical difficulties might prevent the Client access to the Website or his ability to execute certain actions on this Website. The Company assumes no responsibility for such events, as may occur from time to time. Under no circumstances, shall the Company be responsible for problems in servers, bandwidth or software systems.
- The Client acknowledges that there are risks associated with utilizing an Internet-based deal execution trading system including, but not limited to, the failure of hardware, software and Internet connection. Since we do not control signal power, its reception or routing via Internet, configuration of your equipment or reliability of its connection, we will not be responsible for communication failures, distortions or delays when trading via the Site.
- The Client hereby agrees to conform to all Anti Money-Laundering (AML) regulations and “Know Your Client” (KYC) procedures relevant to his jurisdiction, including the supplying of official bank reference letters, utility bills and any other sort of official identification documentation as may be required by the Company. This is a condition precedent to use of the Site.
- All cash margin and other payments due by you to us pursuant to this Agreement shall be made in freely transferable funds in such currency and to such bank account(s) as we may from time to time specify. If you are by law required to make any deduction or withholding in respect of taxes or otherwise, then you will be liable to pay such amount to us as will result in our receiving a net amount equal to the full amount which would have been received had no such deduction or withholding been required. Any sums due to us from you pursuant to this Agreement (plus any applicable VAT) may be deducted without prior notice to you from any Account in order to realize proceeds which may be applied in the discharge of such sums. You will be responsible for the payment of any commissions, transfer fees, registration fees, taxes, duties and other fiscal liabilities and all other liabilities and costs properly payable or incurred by us under these Terms and Conditions.
- The Company will repay the Client within 3 business days upon request, subject to margin requirements for open transactions and any debts owned by the client to the company.
- These Terms are for an unlimited period of time, but the Company shall be entitled to terminate it by a written notice. In such case, Client shall be prohibited from opening new accounts or executing new transactions without prior written approval from the Company.
- In case Client commits any of the following:
- violates any of his obligations under these Terms;
- becomes bankrupt, insolvent or in procedure of insolvency, reorganization, bankruptcy, or any similar procedure;
or by its sole discretion, the Company finds it necessary in order to protect itself against any damages might
occur to it due to Client’s actions or omissions. at its sole discretion, and at any time and with no prior
notice to the Client, the Company may:
- transfer, pledge, or sell the balance and/or securities in the account(s);
- cancel, terminate, and/or close any or all of the open transactions;
- set off any damages caused to it; or
- take any action which its sees fit to cure any violation of the Client. In case there is no transaction in the account during a 12 months period, the Company shall be entitled to close the account by after giving Client a 5 days written notice. The Company may cease or limit any or all trade activities on the Site with no prior notice. Client hereby waives any and all claims or rights of indemnification for any allegedly damages caused by such rescission, whether for executed transactions or for transactions supposed to be executed.
- In the event that suspected fraudulent trading activity, system arbitrage, some other form of exploitation has taken place, The Company reserves the right to launch an investigation that can take up to 45 days. The Company reserves the right to permanently ban any trader who has knowingly committed any of the aforementioned activities and possibly also report it to any relevant parties.
- The Company is fully entitled to assign, grant, transfer or sublicense any and all of its rights provided for herein, wholly or in part, to any third party whatsoever. By no means shall the Client be entitled to do any of the above in respect of Client’s rights provided for herein, whether to other Site’s Clients or to others.
- Should any provision herein be deemed void or invalid by any court of law having proper jurisdiction, such provision shall be severed, and shall not in any way vitiate or detract from the effect and/or validity of any or all remaining provisions herein. The Company’s acquiescence to any breach of these Terms and/or failure to exercise any right provided for herein shall be without prejudice to The Company’s legal rights and remedies, and shall not be held to preclude and/or debar it from exercising or seeking any of the same.
- You acknowledge that we may record telephone conversations with you without the use of a warning tone, and may use the recordings as evidence in the event of a dispute. We will destroy any recordings or transcripts in accordance with our normal destruction policy in place at that time (currently 3 years).
- All notices and other communications required or permitted hereunder to be given to a party to this Agreement
shall be in writing. Notices to the Client are to be given to the contact details given by him during account
opening process, and which may be amended by him by a written notice to the Company. All correspondence and
notices that will be sent to the Client shall be deemed delivered:
- at their time of delivery if sent
- by hand delivery;
- to Client’s e-mail address, or
- by facsimile; or
- within five business days if delivered by posted mail. All correspondence and notices that will be sent by the Client to the Company shall be deemed delivered only upon actual receipt by the Company and subject to its written confirmation as such.
- at their time of delivery if sent
- Expiry rate is computed from the Bid&Ask prices ((Bid + Ask)/2) which are the closest price offers to the expiry time. The last digit of the calculated price is rounded up if 5 and above, and down if otherwise.
- Clients are not allowed to have more than one funded account. Clients who have multiple accounts registered under the same name may have one or all of the accounts closed, subject to management decision. Furthermore, clients with multiple accounts in which multiple investments are made with varying names and/or sources may have all the accounts closed, and investments returned per management decision. It is most advisable to open only one account, and to invest using your own funds.
- Cancellation of a deposit carries an administrative charge of 30 USD.
Please look under FAQ section for payment guidelines such as Minimum deposit/withdrawal, Max transactions amount per card 10k max amount per card per month etc. The Company reserves the right to amend the above terms from time to time or with a separate agreement with a particular client.
KYC (Know Your Customer) Policy
Know your customer policies have become increasingly important worldwide lately, especially among banks and other financial institutions, in order to prevent identity theft, money laundering, financial fraud and terrorist activity.
BrokerXP holds a zero-tolerance fraud policy, and is taking all measures possible to prevent it. Any fraudulent activity will be documented and all related accounts to it will be immediately closed. All funds in these accounts will be forfeited.
BrokerXP aims to ensure the integrity of any sensitive data it obtains, such as your account information and the transactions you make, using a variety of security measures and fraud controls. Securing your electronic transactions requires us to be provided with certain data from you, including your preferred deposit method.
When you deposit funds, we will require the following documents
- A copy of your valid passport with the signature page.
- Copies of your credit cards, used to make the deposit (Front side with only the 4 last digits visible, back side with the CVV covered).
- A copy of a recent utility bill in your name and address.
- A signed purchase history of your online transactions.
If you have any questions please don’t hesitate to contact our compliance team: firstname.lastname@example.org
When Do I Need To Provide These Documents?
We highly appreciate you taking the time to provide us with all the necessary documents as soon as you can, in order to avoid any delays in processing your transactions. We require the receipt of all the necessary documents prior to making any cash transactions to your benefit.
Some circumstances may require us to request these documents before allowing any other activities in your account, such as deposits or trades.
Please note that if we will not receive the required documents on file, your pending withdrawals will be cancelled and credited back to your trading account. We will notify you on such event via our system.
How Can I Send You These Documents?
Please scan your documents, or take a high quality digital camera picture, save the images as jpegs, then send it to us via mail to email@example.com.
How Do I Know My Documents Are Safe With You?
BrokerXP holds the security of documentation at highest priority, and treats all documents it receives with utmost respect and confidentiality. All files we obtain are fully protected using the highest level possible of encryption at every step of the review process.
We thank you for your cooperation in helping us make BrokerXP a safer place to trade.
The Company’s terms and conditions set out the terms and conditions for being granted with a bonus from the Company. To dispel any doubt, the Company’s policy regarding Bonuses is as follows:
- The bonus is not eligible for withdrawal.
- Losses are attributed according to the following order: first to the Client’s profits, then deposits than the Bonuses, if any attempting to abuse or perform any manipulation based on Bonuses, mat lead to cancellation and deduction of the Bonus from the Client’s deposit, and closure of the client’s account.
For questions/comments regarding these guidelines, contact us at firstname.lastname@example.org.