TERMS AND CONDITIONS / CLIENT AGREEMENT
Before you begin using our services and setting up your account with, Forex Control (herein referred to as "we," "us," or "Company"), please read the following Terms and Conditions / client Agreement (the: "Agreement").
If you ("you" or "Client") agree to these Terms, and wish to use Company website www.forexcontrol.com or any sub-domain ("Site" or "Web Site"), please click on the "I Agree" button. This Agreement together with all additional rules, policies and disclaimers published on the Site or otherwise notified to you will constitute a binding agreement between you and Company and that this Agreement constitutes "writing signed by you" under any applicable law or regulation. This Agreement is subject to change by the company without prior notice (unless prior notice is required by law), by posting of the revised Agreement on the Web site. Note that any violation of this Agreement may result in termination your account with the Company.
By using the Site and our Services, you represent that you have read and understand this Agreement and agree to be bound by it. If you do not agree with this Agreement, in whole or in part, please do not continue to use the Site.
In the event that you have any complaints, claims or disputes with regard to any outcome regarding the services or any other activity performed by Company, you should in the first instance contact Company Customer Service via the 'Contact Us' details on the web site.
If these conditions are translated into another language, the English Language version will prevail in the event of any conflict between the translation and the English language version. Please note that these Terms and Conditions shall prevail in the event of any conflict between these Terms and Conditions and any of the game rules or other documents referred to in these Terms and Conditions.
APPLICATION OF TERMS AND CONDITIONS
By using our services and/or by acknowledging that you have read this Agreement when you register to open your Account with us (the: "Account"), you agree to comply with this Agreement, and you acknowledge that your failure to comply with the terms and conditions of this Agreement may result in disqualification, the closure of your Account, forfeiture of funds and/or legal action against you, as appropriate and as further specified in this Agreement. You acknowledge that if you accept this Agreement, we will start providing you with the benefit of the services and as a consequence of this, if you accept this Agreement when registering for our services, you will not later be able to cancel your registration, although you can close your Account in accordance with this Agreement.
LEGAL USE REQUIREMENTS
Client may only use our services if he/she are at the minimum legal age in Client's jurisdiction and it is legal for you to do so according to the laws that apply in Client's jurisdiction. Company reserves the right to ask for proof of age from Client and Client's account may be suspended until satisfactory proof of age is provided.
Client understands that laws regarding financial contracts and foreign exchange trading vary throughout the world, and it is Client's obligation alone to ensure that Client fully complies with any law, regulation or directive, relevant to Client's country of residency with regards to the use of the Web site. For avoidance of doubt, the ability to access to the Company's Web site does not necessarily mean that the Company's services, and/or Client's activities through it, are legal under the laws, regulations or directives relevant to Client's country of residency.
Company's Web site does not constitute, and may not be used for the purposes of, an offer or solicitation to anyone in any jurisdiction in which such offer or solicitation is not authorized, or to any person to whom it is unlawful to make such an offer or solicitation. Access to this Web site, and the offering of financial contracts or foreign exchange trading via this site, may be restricted in certain jurisdictions, and, accordingly, users accessing this site are required to inform themselves of, and to observe, such restrictions.
You understand and accept that Company is unable to provide you any legal advice or assurances and that it is your sole responsibility to ensure that at all times you comply with the laws that govern you and that you have the complete legal right to use the services. Any use of the services is at your sole option, discretion and risk.
CLIENT REPRESENTATIONS AND WARRANTIES
Client represents and warrants that:
- If Client is a natural person, Client is of sound mind, legal age and legal competence.
- If Client is not a natural person, (A) Client is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; (B) execution and delivery of this Agreement and all contracts and other transactions contemplated hereunder and performance of all obligations contemplated under this Agreement and all other transactions contemplated hereunder have been duly authorized by Client; and (C) each person executing and delivering this Agreement and all other transactions contemplated hereunder on behalf of the Client performing the obligations contemplated under this Agreement and all other transactions contemplated hereunder on behalf of Client, has been duly authorized by Client to do so.
- No person other than Client has or will have an interest in Client's account and Client has not granted and will not grant a security interest in Client's account with the Company (other than the security interest granted to the Company hereunder) to any person without the Company's prior written consent. Client has full beneficial ownership of all collateral and will not grant any security interest in any collateral to any person (other than the security interest granted to the Company hereunder) without the Company's prior written consent.
- Client is not now an employee of any exchange, any corporation in which any exchange owns a majority of the capital stock, any member of any exchange and/or firm registered on any exchange, or any bank, trust, or insurance company, and in the event that Client becomes so employed, Client will promptly notify us, at the Company's home office, in writing, of such employment.
- Client will execute and deliver all documents, give all notices, make all filings and take such other actions as the Company, in its sole discretion, deems necessary or desirable to evidence or perfect any security interest in favor of the Company or to protect the Company's interests with respect to any Collateral.
- Client has read and understands the provisions contained in this Agreement, including, without limitation, the Company's Risk Disclosure Statement.
- Client will review this Agreement each time it is amended; and (A) Client will not affect any transaction in Client's account unless Client understands this Agreement, and Client agrees that in effecting any transaction it is deemed to represent that it has read and understands this Agreement as in effect at the time of such transaction; and (B) Client agrees to, and shall at all times comply with all applicable laws, statutes and regulations and Client hereby declares that the execution and delivery by Client of this Agreement and all other transactions contemplated hereunder, and performance of all of Client's obligations contemplated under this Agreement and any other transaction contemplated hereunder, will not violate any statute, rule, regulation, ordinance, charter, by-law or policy applicable to Client.
- Client shall not use his Account with the Company for any illegal activity.
- Client will not use trading robots, expert advisors, or other computer program which were not approved in advance and in written by the Company. Without derogating from the above mentioned, Client is prohibited from using any robots, expert advisors, or other computer program which used to gain an unfair advantage or to abused any technical error, bug or defect in the Web site software or any other trading software been used by Company. The Company reserves the right to declare null and void any trade made that was the subject of such obese or unfair advantage and to take any money from your Account relating to the relevant trade including the right to close your Account.
- Client warrants that he will not attempt to hack, make unauthorized alterations to or introduce any kind of malicious code to the Service or the Web-site. As such, the Client will not, without limitation, (a) reverse engineer or decompile (in whole or in part) any software available through the Website; or (b) make copies, modify, reproduce, transmit, alter or distribute all or any part of the Web-Site or any material or information contained on it.
- Scalping is not allowed for Standard/Regular account traders. All profit generated from transactions which are closed within 30 minutes shall be void. Client may close any losing transaction within 30 minutes. Client is responsible to check the timing before closing any transaction.
- Scalping is allowed for the ECN account traders.
- For Standard/Regular account, if margin level falls below 50%, most unprofitable open position or positions shall be automatically closed out in order to bring up the margin level to aforesaid margin level. For ECN account, if margin level falls below 80%, most unprofitable open position or positions shall be automatically closed out. Client should maintain aforesaid margin level at all times to avoid any close out. Client may close any or part of open position to bring up margin level, or fund his trading account immediately.
- Bonus Offer: client need to go through the Terms & conditions for the Bonus offers. We reserve the right to alter, amend or terminate this Promotion, or any aspect of it, at any time and without prior notice. We may make changes to these Promotion Terms and will notify you of these changes by posting the modified terms on the Forex Control website. We recommend you revisit these Promotion Terms regularly and, by your continued use of the Forex Control website and services you accept any such modified terms.
The Company shall provide you with access to trading transactions and quotes for performing foreign exchange trading and/or trading with financial contracts or instruments (collectively will be called: "Financial Instruments" or "Services").
The Company is authorized to purchase and sell the Financial Instruments for Client's account in accordance with Client's oral or written or computer instructions, subject to the terms of this Agreement and all annexes hereto. Client is obligated to keep passwords secret and solely responsible to ensure that third parties do not obtain access to the password or the company's trading facilities.
Client agrees to be conclusively responsible for any instruction received electronically that is identified with Client's password and account number and for any electronic, oral and written instruction to the Company from persons the Company, in its sole judgment, believes are apparently authorized by Client.
The Company shall have no responsibility for further inquiry into such apparent authority and no liability for the consequences of any actions taken or failed to be taken by the Company in reliance on any such instructions or on the apparent authority of any such persons.
All transactions under this Agreement shall be subject to the constitution, by-laws, rules, regulations, customs, usage, rulings and interpretations of the counter party institution or other interbank market (and its clearing organization, if any) where executed and to all applicable laws and regulations.
Company reserves the right to suspend, modify, remove and/or add any Service in its sole discretion with immediate effect and without notice and Company will not be liable for any such action.
Company forbids the use of all unfair practices when using its Services. We do this to protect our customers and the integrity of the Services. If any Client is found to be participating in any form of activities that we consider to constitute cheating his or her account may be permanently closed and any balance may be at risk of forfeiture or withholding as per the this Agreement.
Client understand and agree that Company's records shall be the final authority in determining the Client's use of the services, the activity resulting there from, and the circumstances in which such activity occurred.
The Company will attempt to execute all orders which it may, in its sole discretion, choose to accept in accordance with the oral or written or computer instructions of Client's. The Company reserves the right to refuse to accept any order. However, the Company shall not be responsible for any loss or damage caused, directly or indirectly, by any events, actions or omissions beyond the control of the Company including, without limitation, loss or damage resulting, directly or indirectly, from any delays or inaccuracies in the transmission of orders and/or information due to a breakdown in or failure of any transmission or communication facilities.
Company will not be liable in any way in the event of failure of or damage or destruction to Client's computer systems, data or records or any part thereof, or for delays, losses, errors or omissions resulting from the failure or mismanagement of any telecommunications or computer equipment or software.
You agree to be fully and personally liable for the due settlement of every transaction entered into under your account with the Company. You are responsible for ensuring that you alone control access to your account, and that no minor or other person is granted access to trading on the Web-site using your account. In any case, you alone remain fully liable for any and all positions traded on your account, and for any credit card transactions entered into the Site for your account. You agree to indemnify the Company fully in respect to all costs and losses whatsoever as may be incurred by the Company as a result, direct or indirect, of your failure to perform or settle such a transaction.
You agree that in the case that any financial contract is acquired or sold at prices that do not reflect its market prices, or that is acquired or sold at an abnormally low level of risk (the "mispricing") due to an undetected programming error, bug, defect, error or glitch in our Web site software or any other reason resulting in mispricing (for the purpose of this section the "error"), the Company will not be liable for the resulting errors in account balances and the Company reserves the right to cancel such transactions upon notifying you of the nature of the computer error that led to the mispricing. You have a duty to report to the Company any problem, error or suspected system or other inadequacies that you may experience.
Client agrees that the prices at which the Company deals at or quotes may or may not be similar to prices which the maker is dealing at or quoting. Furthermore, Client agrees that internet, connectivity delays, and price feed errors sometimes create a situation where the prices displayed do not accurately reflect market rates.
The Company will not be responsible for deals opened by client not according to the above trading rules.
Company reserves the right to suspend the operation of this site or any part or sections of it. In such an event, Company may, at its sole discretion (with or without notice), close out the Client's' open financial contracts at prices it considers fair and reasonable at such a time and no claims may be entertained against the Company in connection thereto.
Company, at its sole discretion, imposes volume or other limits on Client's accounts.
To use Company's Services, Client will first need to register for an account with Company.
Client can open an account with us by choosing a unique account name and password and entering other information that Company asks for on our registration form. You shall ensure that the details provided at registration are accurate and kept up to date.
The account information supplied during the account creation process is kept confidential for our own purpose according to the Company's Private Policy.
You represent and warrant that the financial information disclosed to us in your application is an accurate representation of your current financial condition. The Client agrees to immediately inform us if the Client's financial condition changes in such a way to reduce the Client are net worth, liquid assets and/or risk capital.
IDENTITY AND SINGLE ACCOUNT REGISTRATION
The name on your account must match your true and legal name and identity and the name on your account registration must match the name on the credit card(s) or other payment accounts used to deposit or receive funds in your Account.
Client acknowledges that applicable laws require financial institutions to obtain, verify, and record information identifying each person who opens an account and, accordingly, Client has provided the Company with certain identifying information and documents. Client confirms that Client has provided true, accurate, current and complete information during the registration process, and that Client has not impersonated any person or entity, or misrepresented any affiliation with another person, entity or association, used false headers or otherwise concealed Client's identity from the Company for any purpose. To verify your identity, Company reserves the right to request at any time satisfactory proof of identity (including but not limited to copies of a valid passport / identity card and/or any payment cards used) and proof of address (including but not limited a recent utility bill or bank statement).
Failure to supply such documentation may result in suspension of the account.
You are prohibited from holding more than one account.
If you have more than one account or accounts in different names, then you must contact us immediately to have your accounts managed so that you only have one account.
Should Company have reasonable grounds to believe that multiple accounts have been opened with the intention to defraud the Company, Company reserves the right to cancel any transaction related to the said fraud attempt.
The Account name and password (including answers to any security questions) should not be disclosed to any third party. You are solely responsible for the security of your Account name and password (including answers to security questions).
You agree to keep your Account name and password secret and confidential and not to allow anyone else to use it. Every person who identifies themselves by entering a correct username and password is assumed by Company to be the rightful Account holder and all transactions where the username and password have been entered correctly will be regarded as valid.
In no event will Company be liable for any loss you suffer as a result of any unauthorized use or misuse of your login details. Company shall not be required to maintain Account names or passwords. If you have lost your Account name, username or password, please follow the web site instructions for a replacement.
WITHDRAWAL AND DEPOSIT PROCEDURES
Client acknowledges and accepts the Company's procedures with respect to withdrawals and deposits to accounts as set forth below.
Withdrawal orders: The provision of documentation as may be required from time to time by AML (Anti Money Laundering) regulations, credit card companies or by Company, is a prerequisite, prior to the execution of a withdrawal order. This is also to protect our Clients and ensure no fraudulent activity is carried out and although there maybe delays due to any security review undertaken.
As well as any other verification processes we may undertake, we reserve the right to request you to provide additional proof of identity to assist with our Anti Money Laundering before processing your withdrawal. Upon request we reserve the right to request specific proof of identity in the form of, including but not limited to: passport number, driving license, photocopy of a valid identity document, utility bill or header of a recent bank or card statement. We reserve the right to suspend your account until you have satisfactorily completed these checks.
All payments to and from your account must be paid in the currencies available on the Web-site and shall not bear interest. You shall ensure that all payments into your account are from a payment source for which you are the named account holder.
Credit card deposits may be, according to credit card companies' regulations, returned to the same credit card when a withdrawal is performed.
A withdrawal to a bank account where initial deposits have been performed by credit cards will be executed back to credit card or to the bank account at the Company discretion. Withdrawals to bank account may take a longer time period, due to additional security procedures.
42. Credit Card Deposits:
Client's credit card may be debited sums which due to exchange rates and credit card companies' fees, and therefore it may slightly vary from the initial sum that has been deposited by Client in the account base currency. Client hereby accepts that such variations may occur and hereby affirms that Client shall not seek to object or charge this back.
When depositing by a Bank Transfer, as required by anti money-laundering regulations, Client is required to use only one bank account, which is in Client's country of residence and in Client's name. An authentic SWIFT confirmation, showing the origin of the funds, must be sent to the Company. Failure to submit such SWIFT may result in the return of the deposited amount, hence preventing the deposit of such pending amounts to Client's account. Any withdrawal of funds, from Client's Account at the Web-site to a bank account, can only be refunded to the same bank account that the funds were originally received from.
Alternative payment methods (internet payment vendors; money transfer services; etc.): when depositing funds using a facility other than credit cards and/or banks, you agree to, and acknowledge being bound by, the regulations and rules of such service, including, but not limited to, fees and other restrictions. The Company, at its sole discretion, may execute withdrawals to a facility other than the facility used for the original deposit, in accordance with anti money-laundering regulations.
All amounts you withdraw are subject to the transaction limits and any processing fees for deposits and withdrawal methods that we notify you.
In no event will Company be liable for any loss you suffer as a result of any unauthorized use or misuse of your login details. Company shall not be required to maintain Account names or passwords. If you have lost your Account name, username or password, please follow the web site instructions for a replacement.
COMPANY'S EMPLOYEES OR AFFILIATES
If you are an officer, director, employee, consultant or agent of Company or one of its subsidiary, parent or associated companies, or suppliers or vendors, you are not permitted to register for an account with Company or to use directly or indirectly any of the Services, other than in the course of your function as an Company staff member.
MARKET INFORMATION & RECOMMENDATIONS
Client acknowledges that:
- any market recommendations and information communicated to Client by the Company or by any person within the company, does not constitute an offer to sell or the solicitation of an offer to buy any the financial instruments.
- The Company makes no representation, warranty or guarantee as to, and shall not be responsible for, the accuracy or completeness of any information or trading recommendation furnished to Client
- Client acknowledges that the Company and/or its officers, directors, affiliates, associates, stockholders or representatives may have a position in or may intend to buy or sell financial instruments, which are the subject of market recommendations furnished to Client, and that the market position of the Company or any such officer, director, affiliate, associate, stockholder or representative may not be consistent with the recommendations furnished to Client by the Company.
Company may make available to you through one or more of its Services a broad range of financial information that is generated internally or obtained from agents, vendors or partners ("Third Party Providers"). This includes, but is not limited to, financial market data, quotes, news, analyst opinions and research reports, graphs or data. ("Market Information").
Market Information provided on the Web-site is not intended as investment advice. Company does not endorse or approve the Market Information, and we make it available to Client only as a service for his own convenience. Company and its Third Party Providers do not guarantee the accuracy, timeliness, completeness or correct sequencing of the Market Information, or warrant any results from Client's use or reliance on the Market Information.
Market Information may quickly become unreliable for various reasons including, for example, changes in market conditions or economic circumstances. Neither Company nor the Third Party Providers are obligated to update any information or opinions contained in any Market Information, and Company may discontinue offering Market Information at any time without notice.
Client agrees that neither Company nor the Third Party Providers will be liable in any way for the termination, interruption, delay or inaccuracy of any Market Information. Client will not "deep-link", redistribute or facilitate the redistribution of Market Information, nor will provide access to Market Information to anyone who is not authorized by Company to receive Market Information.
Client further acknowledges that should Client grant trading authority or control over Client's account to a third party ("Trading Agent"), whether on a discretionary or non-discretionary basis, the Company shall in no way be responsible for reviewing Client's choice of such Trading Agent nor making any recommendations with respect thereto. If Client gives Trading Agent authority to exercise any of its rights over Client's account, Client understands that Client does so at Client's own risk.
After approving your account the Company will grant you a non - exclusive, non - transferable and limited personal license to access and use the Web site (the "license"). This license is conditioned on your continued compliance with the terms and conditions of this Agreement. The license will terminate if the Company believes that any information provided by you, including your e-mail address, is no longer current or accurate, or if you fail to otherwise comply with any term or condition of this Agreement and all rules and guidelines for each service.
GUARANTEES, DEPOSIT REQUIREMENTS & COLLATERAL
Client shall provide to and maintain with the Company guarantees in such amounts and in such forms as the Company, in its sole discretion, may require. Company may change its requirements at any time.
Client agrees to deposit by immediate wire transfer, or other payment method acceptable to the Company, such additional guarantees when and as required by the Company and will promptly meet all guarantees calls in such mode of transmission as the Company in its sole discretion designates.
The Company may at any time proceed to liquidate Client's account and any failure by the Company to enforce its rights hereunder shall not be deemed a waiver by the Company to enforce its rights thereafter.
The Company retains the right to limit the amount and/or total number of open positions which Client may acquire or maintain at the Company, and to increase guarantees requirements in advance of earnings or other news or events, with or without notice, either before such events or retroactively or at any other time that it deems at its sole discretion.
In the event that Client directs the Company to sell any margin, collateral, contract or other property and the Company is unable to deliver such margin, collateral, contract or other property to a purchaser because Client fails to deliver it to the Company, the Company may borrow or purchase any guarantees, collateral, contract or property necessary to make such delivery, and Client hereby agrees to guarantee and hold the Company harmless against any liability, claim, loss, damage, cost or expense, including attorneys' fees that the Company may sustain.
All funds, securities, currencies, contracts and other property of Client which the Company or its affiliates may at any time be carrying for Client (either individually, jointly with other, or as a guarantor of the account of any other person) or which may at any time be in its possession or control or carried on its books for any purpose, including safekeeping, are to be held by the Company as security and subject to a general lien and right of set-off for liabilities of Client to the Company whether or not the Company has made advances in connection with such securities, commodities, currencies or other property, and irrespective of the number of accounts Client may have with the Company.
Client hereby also grants to the Company the right to pledge, re-pledge, hypothecate, invest or loan, either separately or with the property of other Clients, to itself as broker or to others, any securities or other property of Client held by the Company as margin or security. This authorization shall apply to all accounts carried by the Company for Client and shall remain in full force until all accounts are fully paid for by Client or notice of revocation is sent by the Company from its home office.
LIQUIDATION OF ACCOUNTS AND PAYMENT OF DEFICIT BALANCES
In the event of (a) the death or judicial declaration of incompetence of Client; (b) the filing of a petition in bankruptcy, or a petition for the appointment of a receiver, or the institution of any insolvency or similar proceeding by or against Client; (c) the filing of an attachment against any of Client's accounts carried by the Company, (d) insufficient margin/guarantee, or the Company 's determination that any collateral deposited to protect one or more accounts of Client is inadequate, regardless of current market quotations, to secure the account; (e) Client's failure to provide Company with any information requested pursuant to this Agreement; or (f) any other circumstances or developments that Company deem appropriate for its protection, and in the Company 's sole discretion, it may take one or more, or any portion of, the following actions:
- Satisfy any obligation Client may have to Company, either directly or by way of guaranty of surety ship, out of any of Client's funds or property in the Company 's custody or control
- Sell any or purchase any or all financial instruments, contracts and/or securities held or carried for Client
- Cancel any or all outstanding orders or contracts, or any other commitments made on behalf of Client.
Client shall pay such brokerage fees, commissions, swap, interest payments and special service and all other fees arising out of the Company providing services hereunder in accordance with the Company fee schedule then in effect. Forex Control charges the swap if the position is carry forward for the next day but never pays swap to the clients under any conditions. The Company reserves the right to change its fee structure at any time without notice.
Client knows, understands and agrees that, in general, the Company does not collect tax for any authority in any form or manner. Without limiting the foregoing, it is Client's obligation alone to calculate and pay all taxes applicable to its activities in Client's country of residence, or otherwise arising as a result of Client's trading activity from the use of the Company's services and Web-site. Without derogating from Client's sole and entire responsibility to perform tax payments, Client agrees that the Company may deduct tax, as may be required by the applicable law, but is not obligated to do so, from the results of the activity with the Company. You are aware that amounts that may be withdrawn by you from your account are "gross amounts", from which the Company may deduct such taxes, and that you shall have no claim towards the Company with regard to such deductions.
COPYRIGHT AND TRADEMARKS
All trademarks, trade names, service marks and logos displayed throughout the Site are the property of Company or licensed by third parties. You may not display, use as a link, use as a meta tag, or otherwise use any of the trademarks, trade names, service marks and logos displayed throughout the Site without the prior written consent of the owner of the trademark, trade name, service mark and logo.
Further, all other material used by Company, including but not limited to the software, images, pictures, graphics, photographs, animations, broadcast content, videos, music, audio, text (and any intellectual property rights in and to any of the same) is owned or licensed by Company or one of its subsidiaries or associated group companies and is protected by copyright and/or other intellectual property rights. You obtain no rights in such copyright material or trade or service marks and must not use them without Company written permission.
Nothing contained in this Agreement shall be construed as conferring any license or right to any trademark or other intellectual property right of Company or any other party.
Client agrees and acknowledges that all conversations regarding Client's account between Client and the Company personnel may be electronically recorded with or without a previous warning. Client further agrees to the use of such recordings and transcripts thereof as evidence by either party in connection with any dispute or proceeding that may arise involving Client or the Company. Client understands that the Company destroys such recordings at regular intervals in accordance with the Company's established business procedures and Client hereby consents to such destruction.
The trading of financial instruments can contain a substantial degree of risk. Before deciding to undertake such transactions you should carefully evaluate whether your financial situation is appropriate for such transactions.
Trading financial instruments on margin carries a high level of risk, and may not be suitable for all investors. The high degree of leverage can work against you as well as for you. You acknowledge that Trading foreign exchange may result in a substantial or complete loss of funds and therefore should only be undertaken with risk capital- funds that are not necessary to the survival or well being of the user.
Before deciding to trade financial instruments you should carefully consider your investment objectives, level of experience, and risk appetite. The possibility exists that you could sustain a loss of some or all of your initial investment and therefore should only be undertaken with risk capital. We strongly recommend that you will read through all the main topics contained in the website so that you may obtain a clear and accurate understanding of the risks inherent to financial instruments trading.
You should note that all information provided on this website is intended solely for informational purposes and is obtained from sources believed to be reliable and accurate but the Company does not guarantee the information accuracy, and will not accept liability for any loss or damage which may arise directly or indirectly from the information or your inability to access the website, for any delay in or failure of the transmission or the receipt of any instruction or notifications sent through the website.
You acknowledge that you didn't receive any guarantees or advice from the Company or from any of its representatives or any introducing agent or other entity with whom you are conducting your account and you didn't entered into an agreement with the Company, for obtaining Company's services, by relying upon or consideration of any such guarantees or advice or similar representations and you further agree not to hold the Company responsible for any losses incurred as a consequence of your trading instructions.
Stop-loss Orders and Limit Orders are only available on selected instruments and we are entitled to refuse to accept any Stop-loss Orders or Limit Orders on any instrument. Stop-loss Orders are nonguaranteed unless at the time of placing the order it is expressly guaranteed by us. Moreover, Stop-loss Orders and Limit Orders may be impossible due to certain market conditions or fluctuations or may be vulnerable to Gapping Through. Gapping Through occurs when the market moves rapidly to a price which is worse for you than at the level a Stop Loss order has been placed. This will usually result in your order being filled at a price worse than the price specified in the order.
Your position with the financial instruments trading may be subject to market volatility risk and prices may change while your position is open. The opening and closing price of contract quoted to you will be derived from the price in the Underlying market for that instrument subject to your proposed trade being at or below the normal market size for that instrument. The size of the difference between our 'buy' and 'sell' prices may change while your contract position is open to reflect changing market conditions. It may, therefore, be the case there is a wider difference between the 'buy' and 'sell' prices your are quoted when closing a contract that when it was opened.
Without limiting the generality of the foregoing, trading involves risks associated with the following factors:
- Financial instruments trading may be leveraged with funds worth hundreds of times more than the value of your Initial deposit. Therefore a relatively small movement in the relevant market or currency can have a substantial effect on your trade and such movement can quickly result in the loss of your entire Initial deposit.
- Losses may be compounded due to sudden adverse market movements, position build-up, or accumulation of commissions and other charges.
- If the market moves against you and your account moves into deficit, you may be required to pay additional funds into your account if you do not wish to have your positions closed out.
Please be aware of all charges and commissions that apply to you, because this may affect your profit margin.
ABUSIVE OR OFFENSIVE BEHAVIOR
Abusive or offensive behavior will not be tolerated on Company's Web-site or with any of our staff. Any violation of this policy will result in a suspension of your use of the services or such other action as may be reasonably required by Company to ensure compliance. In addition, you are not entitled to make untrue and/or malicious and/or damaging comments with regard to the Company operation in any media or forum.
FRAUDULENT ACTIVITIES AND PROHIBITED TRANSACTIONS
Company has a zero tolerance policy towards fraudulent activity. If, in Company's sole determination, you are found to have attempted to defraud Company or any other Client of any of the services in any way, or if Company suspects you of fraudulent payment, including use of stolen credit cards, or any other fraudulent activity (including but not limited to any chargeback, or other reversal of a payment) or prohibited transaction (including but not limited to money laundering or account take over), Company reserves the right to suspend and/or close your Account and to share this information (together with your identity) with banks, credit card companies, and other such appropriate enforcement agencies.
We reserve the right to void and withhold any or all funds made by any person or group of persons where we have reasonable grounds to believe that said person or group of persons is acting or has acted in liaison in an attempt to defraud or damage Company and/or the services in any way.
In the interests of data protection and security you are expressly prohibited from posting information or contacting our Clients to offer or promote any offers, products or services without the express written permission of Company.
You must inform us as soon as you become aware of any errors with respect to your Account or any calculations with respect to any trade you have placed.
In the event of any system failure results in an error ('System Error'), Company reserves the right to declare null and void any trade made that were the subject of such System Error and to take any money from your Account relating to the relevant trade. If there are insufficient funds in your Account, demand that you pay us the relevant outstanding amount relating to these trades.
In all circumstances whereby Company (in its sole discretion) determines a System Error has been used to gain an unfair advantage, Company reserves the right to consider this activity to be subject forfeiture and account closure as per this Agreement.
To maintain the level of security and integrity in the system, Company reserves the right to conduct a security review at any time to validate your identity, age, the registration data provided by you, to verify your use of the services, including but not limited to your compliance with this Agreement and the policies of Company and your financial transactions carried out via the services for potential breach of this Agreement and of applicable law.
As such you authorize us and our agents to make any inquiries of you and for us to use and disclose to any third party we consider necessary to validate the information you provide to us or should provide to us in accordance with this Agreement, including but not limited to, ordering a credit report and/or otherwise verifying the information against third party databases. In addition, to facilitate these security reviews, you agree to provide such information or documentation as Company at its discretion, may request.
You agree that Company will not be liable in any way to you or to any other person in the event of force majeure, or for the act of any Government or legal authority, or for the failure of or damage or destruction to its computer systems, data or records or any part thereof, or for delays, losses, errors or omissions resulting from the failure or mismanagement of any telecommunications or computer equipment or software.
The parties shall be released of all responsibilities for partial, full or non-fulfillment, as well as for improper fulfillment of the obligations under this Agreement, if such non-fulfillment or improper fulfillment was a result of extraordinary events, which occurred after this Agreement was concluded and which the party could not either foresee or prevent (natural calamities, wars, armed conflicts etc.).
FORFEITURE & ACCOUNT CLOSURE
Company reserves the right, in its discretion and in relation to your account, any related payment service provider account, any accounts you may have with other sites and/or services owned or operated by, to terminate this agreement, withhold your account balance, suspend your account, to perform action as mention in section 62 to this Agreement and to recover from such account the amount of any affected payments, if:
- You are in material breach of any of these Agreements.
- Company becomes aware that you have used or attempted to use the services for the purposes of fraud, collusion (including in relation to charge-backs) or unlawful or improper activity or money laundering activity.
- You have 'charged back' or denied any of the purchases or deposits that you made to your Account.
You are entitled to close your Account and terminate this Agreement without prior notice to Company by withdrawing the entire balance from your account and sending an email to the Company.
Company will respond within reasonable time provided that you continue to assume responsibility for all activity on your Account until such closure has been affected by us.
Company is entitled to terminate this Agreement without prior notice to you at the email address you have provided to the Company. In the event of termination by Company, the Company shall give notice of the termination to you via email, as soon as reasonably practicable, refund the balance of your Account.
Provisions of Sections which, by their nature, must remain in effect beyond the termination of this Agreement shall survive any termination. Payments which accrue or are due before termination of this Agreement shall survive the expiration or termination of this Agreement.
LIMITATIONS AND EXCLUSIONS
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SITE, ALL SOFTWARE USED BY IT AND THE MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY AND ITS SOFTWARE PROVIDERS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THIS WEB SITE OR THE MATERIALS ARE COMPLETELY ERROR FREE, WILL OPERATE WITHOUT INTERRUPTION, ARE COMPATIBLE WITH ALL EQUIPMENT AND SOFTWARE CONFIGURATIONS, FREE OF VIRUSES, ERRORS, OR OTHER HARMFUL COMPONENTS, OR WILL OTHERWISE MEET YOUR NEEDS.
Computer systems are vulnerable in varying degrees to computer viruses, bugs, power disruptions, communication line disruptions, Internet access failures, Internet content failures, attacks by hackers and other problems. We have taken reasonable steps so that such problems will not materially affect our business, but do not guarantee that the Site is immune to such problems. It is your responsibility to protect yourself from such problems. Steps you may consider taking to mitigate the vulnerability of your computer system include using firewalls, password protection, and anti-virus programs.
LIMITATION OF LIABILITY
IN NO EVENT SHALL COMPANY, ITS SOFTWARE PROVIDERS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR INCOME, OR LOSS OF USE OF EQUIPMENT, SOFTWARE, OPPORTUNITY OR DATA) RELATED TO OR THAT ARISE FROM (A) YOUR USE OF OR INABILITY TO USE THIS WEB SITE OR THE MATERIALS, (B) ANY FAILURE OR MALFUNCTION OR ANY SOFTWARE, HARDWARE, COMMUNICATION, BROADCASTING, TECHNOLOGY OR OTHER SYSTEM. (C) YOUR RELIANCE ON ANY MATERIALS CONTAINED ON THIS WEB SITE, OR (D) ANY GOODS OR SERVICES ADVERTISED OR LINKED TO THIS WEB SITE, EVEN IF COMPANY IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES, ACTED NEGLIGENTLY OR IF THE EXCLUSIVE REMEDIES STATED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE.
The Company has no liability or duty of indemnification related to unusable data, lost or corrupt Client transactions or data, by whatever means, in whatever form. This limitation of liability additionally eliminates any duty or liability on the part of the Company related to unusable date, lost or corrupt Client transactions or data, resulting in part or in whole from third-party software or networking goods or services or from internet related problems or from actions or events outside of the Company 's control.
The Company disclaims any and all liability resulting from or related to any breach of Internet security or disruption, distortions or delays of Client's connections to the internet, due to any reason.
You agree to indemnify, defend and hold harmless us, our third party service providers, our software providers, officers, directors, employees, agents, licensors, suppliers and any third-party information providers to from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Service using your account or that may arise out of or in connection with (a) any breach of this Agreement by you or through a machine on which you access the Web-Site; (b) any of your user-contributed content infringing this Agreement or the rights of any person or entity; or (c) any purchase or other property-related transaction to which you are party or that is entered into in connection with this Site.
COMPLAINTS & NOTICES
If you have any complaints, claims or disputes with regard to any outcome regarding the services or any other activity provided by Company, you must submit your complaint to Company in writing as soon as is reasonably practicable following the date of the original transaction to which the claim or dispute refers. Any notice we give to you will be sent to the email address that you provide when you register your Account.
You agree that you will only use the services provided by Company in accordance with the Terms and Condition set out in this Agreement. Any breach of these conditions by you which results in Company incurring any losses or costs will render you liable to compensate Company for any said losses or costs in their entirety.
In the event that no transaction has been recorded on a Client's account for 12 months Company reserves the right to close the account and remit the balance using the last known details of the Client. In the event that the Client cannot be satisfactorily located any remaining balance shall be forfeited. No claim shall lie against the Company in the event the balance is forfeited in these circumstances.
PRIVACY AND DATA PROTECTION
In order to provide you with the very best service, when you apply to become a Company's Client or open an account, we will ask you for personal information. This information will assist us in evaluating your financial needs, processing your requests and transactions, keeping you informed about products and services that may be of interest to you, and providing you with a better customer experience.
We committed to protecting the confidentiality of any Client's information, which it may acquire during the course of providing our services. It is the Company's policy not to disclose Client's information to non-affiliated third parties, except with the consent of the Client or when required by law or according to Article 3 to this Policy.
We do not disclose any non-public personal information about our Clients, or our former Clients, to anyone and we shall not sell or receive payment for disclosing your personal information. Nevertheless, we may use or share such information with third parties in any of the following limited circumstances and purposes:
- For the purpose of providing you with Company's services
- If we have your consent or your request to do so.
- If we are required to do so by law.
- If we are required to do so according to Anti-Money Laundering ("AML") regulations and for the purpose of verifying the Client's identity. This may include disclosing personal information in order to cooperate with regulatory authorities and law enforcement agencies, as may be necessary to protect our rights or property.
- To share the information with non-affiliated companies that perform support services for your account or facilitate your transactions with us, including those that provide professional, legal, or accounting services to the Company.
- To improve and customize the content and layout of the website and other materials.
- To notify you with promotional material and miscellaneous operations.
- To notify you with any services and products provided by us or by third parties that we think may be of interest to you.
- If we have a good faith to belief that access, preservation or disclosure of such information is reasonably necessary to protect the rights, property or safety of the Company.
You should assume that all use of our web site, chat, emails and telephone calls between you and Company will be recorded. These recordings will be the sole property of Company and may be used as evidence in the event of any dispute or to improve customer care.
Company reserves the right to exclude Clients from certain territories from using the Web-site. Company does not allow, assist or encourage any form of circumvention of any restrictions placed upon these excluded territories. These territories includes: USA and it's territories and Israel.
Where there is any dispute concerning a Client's account, Company reserves the right to suspend the Client's account until a resolution is reached. Company takes Client's disputes very seriously and endeavors to take all reasonable steps to investigate and resolve all disputes.
GOVERNING LAW AND JURISDICTION
This Agreement, the rights and obligations of the parties hereto, and any judicial or administrative action or proceeding arising directly or indirectly hereunder or in connection with the transactions contemplated hereby, whether brought by Client or by Company, shall be governed by, construed and enforced in all respects by laws of England and shall be held, within British Virgin Islands Court, exclusively.
Client consents and submits to, and waives any objection that it may have to such venue, and further agrees to waive any right that it may have to transfer or change the venue or any such action or proceeding. Client hereby consents and submits to the exclusive jurisdiction of any appropriate court located within the British Virgin Islands, in any action or proceeding arising directly or indirectly hereunder, whether brought by Client or Company.
MODIFICATION AND AMENDMENTS
You fully understand and agree to be bound by these Conditions and as modified and/or amended by Company from time to time, Company reserves the right to change these Terms and Conditions at any time. Such changes shall have effect immediately upon publication on this site and you agree to be bound by them and to regularly review these terms for the purposes of monitoring such changes. If any modification is unacceptable to you, your only recourse is to terminate these Conditions. Your continued use of the services following notification will be deemed binding acceptance of the modification. It is your sole responsibility to review these Conditions and any amendments each time you play. These Conditions and the documents referred to herein represent the complete and final Conditions agreed between you and Company in relation to these Terms and Conditions and supersede any and all prior agreements between you and Company.
Due to any unexpected events / circumstances, Company reserves the right to cancel / stop trading on certain / all CFD's / Indices or other trading instruments.
These events could be an outcome of incidences related to Riots, Political / Religious Unrest or other incidences which can cause abnormal reactions in the trading market.
company also reserves the right to cancel / stop trading on certain / all CFD's / Indices or other trading instruments due to circumstances / incidences which can result in sharp increase / decrease of values of trading instruments.
Market feeds are sometimes old & incorrect. Forex Control reserves the right to cancel the deals for last 30 days.
This Agreement together with the Client Account Application embodies the entire agreement between the Company and the Client, superseding any and all prior written and oral agreements.
CLIENT ACKNOWLEDGES HAVING RECEIVED, READ AND UNDERSTOOD THE FOREGOING CLIENT AGREEMENT AND HEREBY AGREES TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREOF.
* This Agreement was last updated on 30 August 2010 and supersedes any previous Agreement.