Electronic Signatures and Agreement(s):
You acknowledge and agree that by clicking the “I agree” button or similar buttons or links as may be designated by Fxtrader360 to show Your approval of any foregoing texts, the use of the Services (as defined below), You are entering into a legally binding contract. You hereby agree to the use of electronic communication in order to enter into contracts, place orders and other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through our websites and platforms.
Furthermore, You hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non electronic records, to the extent permitted under applicable mandatory law.
These Terms and Conditions is made between yourself ("You") and Fxtrader investments ltd. Fxtrader investments ltd is a company incorporated under the laws of the Republic of Uganda. These Terms and Conditions describes to You in full detail the terms and conditions which You must accept without restrictions or objections before using our Services. Before You use our Services and before You become a customer of fxtrader360/Fxtrader investments ltd, You must fully understand and agree to all the terms and conditions expressly explained and/or implied herein by reference. Notwithstanding anything to the contrary, by continuing to use our Services You are implying that You have read these Terms and Conditions and have unconditionally accepted without reservation the Terms and Conditions in their entirety. These Terms and Conditions was published on and last updated on Oct 1st.
1.1. Scope of Services.
These Terms and Conditions covers the entire scope of Services provided by Fxtrader investments ltd including, but not limited to, the use of our website, the use of our trading Services, data collection and storage practices, downloadable material from our website, financial information published on our website (either by Us or by any affiliated party), electronic content, real time information about the exchange rate of some currencies, tools for executing transactions in the foreign exchange market on the internet, by phone or fax and any other features, content or services that We may add in the future. These Terms and Conditions cover any form of communication between Us and You including email, telephone, fax and more.
It is a pre-condition that our Services are only used and contracts are only formed by those who are permitted to enter legally binding agreements. Therefore, if there is any reason why You would not be able to enter a legally binding agreement with Us, for whatever reason - do not use our Services. Such reasons could include, but are not limited to persons that have not yet reached the age of 18 or are defined as minors that have not yet reached legal age. We are required to assess your knowledge and experience of trading CFDs in order to determine the appropriateness of trading with respect to the financial instruments provided by Us. If You do not possess such knowledge independently, do not use our website. Information with respect to Your experience, knowledge and understanding in financial investment is captured on our application forms. If you have not fully completed our application or if We consider on the basis of the information that you provide that trading in the contracts we offer is not appropriate for you, we shall warn you of this. Any such warning is not intended as investment advice and must not be relied upon as such. Our obligation is to assess your knowledge and experience and not to assess the suitability of a given investment in your circumstances. Notwithstanding any of the above, the above mentioned eligibility restrictions shall only apply in cases where the Services involve the use of funds deposited by You. The above restrictions shall not apply to use of any practice application not associated with real money transactions, including without limitation, users trading with bonus funds. Without limiting the foregoing, You understand that laws regarding financial instruments vary throughout the world, and it is Your obligation alone to ensure that You fully comply with any law, regulation or directive, relevant to Your country of residency with regards to the use of our Services. For avoidance of doubt, the ability to access Our Services does not necessarily mean that Our Services, and/or Your activities through it, are legal under the laws, regulations or directives relevant to Your country of residency. Our websites do 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 Our websites, and the offering of financial instruments via this site, may be restricted in certain jurisdictions, and, accordingly, users accessing our websites are required to inform themselves of, and to observe, such restrictions. We encourage traders from United States, Japan, Canada, Brazil, India, and Turkey to check local regulations and consider it before deciding to trade with fxtrader360.com/Fxtrader investments ltd.
We are obligated by law to confirm and verify the identity of each person who registers on our system and opens an account with Us. Therefore, You are required to provide Us with the following information when You register with Us: (1) name, (2) address, (3) date of birth, and any other personally identifiable information that We may ask for from time to time such as a copy of your Passport or other identifying documents. A user which shall not provide the required information and documentation shall not be serviced by Fxtrader investments Limited.
1.4.2 Death of Account Owner.
Upon the death of an account owner and if the legal heirs of such account owner would like to withdraw the remaining balance in the account, to the extent there is any, such legal heirs should present to Us official legal documents from the applicable governmental authorities in the jurisdiction of the deceased to our satisfaction, and We, in our sole discretion and upon checking such documents, shall make the decision whether to allow such withdrawal.
1.5. Representations and Warranties
1.5.1. You represent, warrant, covenant, acknowledge and agree that:
· You are at least 18 years old, or the age of legal consent for engaging in financial investment activities under the laws of any jurisdiction that applies to you.
· You are not politically exposed person and You do not have any relationship (e.g., relative, associate etc.) with a person who holds or held during the last 12 months any public position. If the above statement is untrue or inaccurate with respect to You, please inform our customer support team at Fxtrader investments ltd shall inform You if/how You may continue to use our Services.
· You are of sound mind and You are capable of taking responsibility for your own actions.
· All the details that You have submitted to Us or any details given to Us when opening an account and making a deposit are true, accurate, complete and match the name on the payment card and/or payment accounts in which You intend to deposit or receive monies from your account.
· You have verified and determined that your use of the Service does not violate any laws or regulations of any jurisdiction that applies to You.
· From time to time You may be requested to provide Us with certain documents to verify the details of the credit card used by You to deposit monies to your account. Subject to our satisfaction from the above documentation checks, You may or may not be permitted to deposit further monies by recurring credit card or other means of payment.
One of the penalties for providing untrue, inaccurate, misleading or otherwise incomplete information is your immediate breach of these Terms and Conditions. As such, We reserve the right to terminate your account promptly and to prevent You from using our Service. Fxtrader investments ltd reserves the right to communicate with You by telephone, facsimile, email, posts, newsletters issued by Us and/or any other mean of communications, whether such communication is personally addressed to You or generally addressed to all Our clients. Furthermore, reports, statements, notices, trade confirmations, and any other communications will be posted online in Your account and/or may be transmitted to such address as You may from time to time designate in a written or electronic communication to Us. You are responsible for alerting Ava Capital to any change in its e-mail address. By accepting these Terms and Conditions You acknowledge and confirm that all such means of communications are deemed acceptable and any reports, statements, notices, trade confirmations and/or other information or notification so provided shall be deemed to have been received by You and/or any transaction so executed shall be deemed final and binding on your part, regardless if You actually accessed such communications.
· You further acknowledge that should You grant trading authority or control over Your account to a third party whether on a discretionary or non-discretionary basis, We and our affiliates or agents shall in no way be responsible for reviewing Your choice of such third party nor making any recommendations with respect thereto. You understand that We make no warranties nor representations concerning such third party that and that We and our affiliates or agents shall not be responsible for any loss to You occasioned by the actions of such third party and that We do not, by implication or otherwise, endorse or approve of the operating methods of the third party. If You give a third party authority to exercise any of its rights over Your account(s), You understand that You do so at Your own risk. Fxtrader investments ltd reserves the right to reject the appointment of any third party/representative/power of attorney authorized to act in your account and may elect to dismiss and/or reject and transactions performed by such representative/power of attorney.
1.5.2. We shall not be responsible for any of the following situations:
· Unauthorized real money transactions.
· Unauthorized real money transactions conducted by unauthorized minors.
· Physical Verification that You possess the proper knowledge and/or experience to use our Services. We will not be responsible in any way (including for damages and losses caused by the use of our Services) if You use this website without the proper knowledge and We reserve the right to assess and reassess Your knowledge and experience to use our Services.
1.6. Limited License.
Subject to the above registration and eligibility requirements, We hereby grant You a personal license that is non-transferable, non-exclusive, limited to the terms of these Terms and Conditions and fully revocable to use our Service (including the use of our website and any associated downloadable software) subject to the terms of these Terms and Conditions. You will also be subject to the End User License Agreement of Fxtrader investments ltd/fxtrader360.com that is associated with downloading any software from our website and is attached herewith and forms a part of these Terms and Conditions.
1.7.1 You may deposit funds into your trading account at any time. Deposits will only be accepted by a payment method (e.g. bank account, e-wallets etc.) in the same name as yours. Under no circumstances will third party or anonymous payments be accepted.
1.7.2. We have the right to refuse payment by check if any payment given has not cleared on the first presentation.
1.7.3. If You give an instruction to withdraw funds from your trading account, We will reduce the requested funds immediately from your account balance and shall process the specified request within up to five (5) business days once the instruction has been accepted, if the following requirements are met:
(a) The withdrawal instruction includes all necessary information;
(b) The instruction is to make a payment through a payment method in your name (e.g. bank account, e-wallets etc.); and (c) You have provided full identification documents to support your request.
1.7.4. If We accept any payments to be made by a debit card, credit card or any other payment method that may charge processing fees, We reserve the right to levy a transfer charge.
1.7.5. If You make a payment, Fxtrader investments ltd shall credit your trading account with the amount of such payment pursuant to our policy, if Fxtrader investments ltd/Fxtrader360 is satisfied that You are the sender of the funds. Funds from all over the world should be sent in dollars. The locals however can deposit in the local currency and funds will be converted to dollars at a stated rate.
1.7.6 We reserve the right, without prior notice to the trader, to make any currency conversions which We consider necessary or desirable for the purposes of complying with its obligations or exercising its rights under these Terms and Conditions or any transaction. Any such conversion shall be effected by Us in such manner and at such rates as We may in our discretion determine, having regards to the prevailing rates for freely convertible currencies.
1.7.7 All foreign currency exchange risk arising from any transaction or from the compliance by Us with our obligations or the exercise by Us of our rights under these Terms and Conditions will be borne by You
1.7.8 If Fxtrader investments ltd is not satisfied that You are the sender of the funds it reserves the right to reject the funds and return them to the remitter net of any transfer fees or other charges. You may be required to submit additional documentation as required by Anti-Money Laundering regulations and any other similar regulations applicable to Us.
1.7.9 Once received, client’s funds shall be deposited with segregated clients’ accounts maintained by Us with reputable BARCLAYS and UBA international accounts
1.7.10 All funds, securities, currencies, and other property of Customer which Fxtrader investments ltd or its affiliates may at any time be carrying for You (either individually, jointly with others, 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 Fxtrader investments ltd/fxtrader360 as security and subject to a general lien and right of set-off for Your liabilities to Fxtrader investments ltd whether or not Fxtrader investments ltd has made advances in connection with such securities, commodities, currencies or other property, and irrespective of the number of accounts You may have with Us. We reserve the right in our discretion, at any time and from time to time, without notice to You, apply and/or transfer any or all Your funds or other property between any of Your accounts. You hereby also grant Fxtrader investments ltd the right to pledge, re-pledge, hypothecate, invest or loan, either separately or with the property of other customers, to itself as broker or to others, any securities or other property held for your benefit by Fxtrader investments ltd as margin or security.
Fxtrader investments ltd shall at no time be required to deliver to You the identical property delivered to or purchased by Fxtrader investments ltd for Your account. Fxtrader investments ltd is irrevocably appointed as attorney in-fact for You and is authorized, without notice to You, to execute and deliver any documents, give any notice and to take any actions on Your behalf, including the execution, delivery and filing of financing statements, that Fxtrader investments ltd deems necessary or desirable to evidence or to protect Its interest with respect to any collateral. In the event that the collateral deemed acceptable to Fxtrader investments ltd is at any time insufficient to satisfy Your indebtedness or other obligations to Us, including obligations to provide margin hereunder, You shall promptly pay upon demand the entire amount of such deficit.
1.7.11 You hereby confirm and acknowledge that any portion of Your funds used as margin to secure Your open position may be transferred by Us from your client’s accounts and may be utilized by us to secure our contingent obligations. Such portion of the funds will be considered as debt due by Us to You and shall not be considered as “clients’ funds”. All such funds shall be returned and repaid into the clients’ accounts upon the closing of the open positions. All funds not used by You as margin to secure your open positions may be withdrawn by You, subject to the remaining provisions of these Terms and Conditions, the availability of funds in your account and to any fees and commission You may owe Us.
1.8. Several Trading Accounts. In case a trader has more than one trading account, We reserve the right to treat all such accounts as if they were under one account and to limit the number of account maintained under a single household, at Our sole discretion.
1.9. Deposits and Withdrawals
Fxtrader investments ltd reserves the right to impose deposit limits and deposit fees in its system.
When a withdrawal is performed, Fxtrader investments ltd reserves the rights to remit the funds to the traders via any of the payment methods they used when initially funded their trading account.
Fxtrader investments ltd reserves the right to impose withdrawal limits and withdrawal fees in its system.
Withdrawals are paid through the original payment method that You used to deposit the money, subject to Our service providers' rules and regulations. If We are unable to send the funds or any partial amount thereof back to the original payment method, We reserve the right to pay the amount through an alternative payment method indicated by Youin United States Dollars (regardless of the currency in which the deposit was made). Fxtrader investments ltd shall not be held responsible for any transfer fees or charges charged by the receiver and/or any currency exchange rates resulting from the payment of such amount in United States Dollars.
Upon submitting a withdrawal request You may be required to submit documentation are required by our Anti Money Laundering regulations.
According to Anti Money Laundering procedures any withdrawal request will be paid to the same individual that has submitted the deposit.
1.10. Administration Fees for Dormant Account. In the event that no trading activity has been executed in your Account for a period of at least 3 months, We will regard your account to be dormant. An account shall be deemed as dormant from the first day following the last day of the third month in which no trading activity was executed. Once an Account is deemed dormant, any available trading bonuses shall be removed from the account and We shall deduct a monthly fee equal to the lower of $10 or 10% of the funds in the account on the date that it became dormant. Such monthly fees shall be deducted until the balance of the account has reached zero and dormant account with a zero balance will be closed. In the event that You execute at least one trade in your account following the date your Account became dormant, fxtrader360/Fxtrader investments ltd will cease to deduct the monthly fee unless your Account shall become dormant again, but shall not refund any administration fees already deducted from the account prior to such trade.
1.11.1 We may utilize another executing broker, including an affiliate or a non-affiliated third party, to execute your orders/or and transactions. Such executing brokers shall have the benefit of all of our rights and remedies and limitations on liability under these Terms and Conditions.We reserve the rights to decline any order or transaction, at any time, in our sole discretion. You shall be responsible for monitoring all Your orders until We confirm execution or cancellation of the order.
1.11.2. You acknowledge that it may not be possible to cancel or modify an order with respect to certain types of transactions, such as CFDs with respect to securities. Any attempt to cancel or modify an order is simply a request to cancel or modify and shall not be recognized by Fxtrader investments ltd, unless specifically approved by Us. Fxtrader investments ltd shall not be liable to for any loss You may sustain in the event of a non-cancelation of said orders, regardless if the security price becomes highly volatile, the occurrence of a market event and/or upon an excessive movement in the underlying market or the like.
1.11.3. Orders for Securities CFDs (including shares, stocks, bonds and/or other debt instruments, including government and public issues). Orders to buy CFDs with respect to securities may be denominated only by requesting to acquire the relevant security in a specified dollar amount as shall be available on our Trading Platform. Orders to sell Securities CFDs may be denominated only by requesting to sell either the entire number of units purchased in a single transaction or the entire number of units held at such time.
· No short positions or leveraged trading are available with respect to Securities CFDs.
· fxtrader360/Fxtrader investments ltd does not guarantee the execution of such orders and/or the execution of such orders at a specified price or amount.We do not offer real-time trading in Securities CFDs. Sell or buy orders shall be executed in one (or more intervals if elected by us) in each trading day at a single bid and ask price (or several prices, as applicable) applied to all the outstanding orders executed in such interval. The execution price reported to You on the relevant confirmation of the buy or sell order shall reflect the prices made available to us from our liquidity providers at the time of execution to which our spreads and commissions shall be added or deducted, as the case may be. Such bid-ask prices shall not necessarily reflect the closing price for the underlying security as quoted on the relevant exchange in which the security is traded and/or the prices presented in charts and/or other market information made available by us. Fxtrader investments ltd disclaims any liability with respect to any such discrepancies. When entering into an order for securities CFD, You irrevocably and unconditionally agree to accept the security bid/ask prices in which the transaction shall be executed as shall be reflected on our trading platform as final and binding. Our prices may differ from the current prices on the relevant exchanges and you acknowledge that a transaction shall be effected even though the relevant security never traded at the level of your transaction.
When effecting such transactions, fxtrader360/Fxtrader investments ltd may or may not acquire or sell the underlying security for its own account to cover said orders. If a security is traded on several stock exchanges, We can elect to acquire such security at any relevant exchange. We may in accordance with our Order Execution Policy, aggregate your orders with our own orders, orders of any of our associates and/or persons connected with us including employees and other clients. Furthermore, we may split your orders when executing them. You accept that aggregation and split of your order may result in you obtaining a less favorable price than if your orders had been executed separately.
2. Intellectual Property
All our intellectual property assets ("IP") including but limited to all copyrights, trademarks, patents, service marks, trade names, software code, icons, logos, characters, layouts, trade secrets, buttons, color scheme and graphics are our sole and exclusive IP and are all protected by local and international intellectual property laws and treaties including all copyright laws and regulations. Under no circumstances shall You remove any copyright notification from any of our IP or unlawfully use our websites and/or 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 or are licensed to use all the images, graphics, video, audio, software code, user interface design or logos, and/or content displayed on our website and/or any software used therein and/or useable therethrough. 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 and/or content for any other purpose without obtaining our prior written consent. Nothing contained on our websites shall be construed as granting, by implication or otherwise, of any license or right to use any trademark without either our written permission or the permission of the proprietor of such trademarks. Except as expressly stated herein, You may not without our prior written permission, alter, modify, reproduce, distribute or commercially exploit any materials, including text, graphics, video, audio, software code, user interface design or logos, from this or any of our websites.
If You link from another website to one or more of our websites, your website, as well as the link itself, may not, without our prior written permission, suggest that We endorse, sponsor or are affiliated with any non-fxtrader360/Fxtrader investments ltd website, entity, service or product, and may not make use of any of our IP other than those contained within the text of the link.
3. Risks Disclaimers and Limitations on Liability
3.1. General Risk Statement
You understand that You are using our Services at your own risk. It is for this reason that we condition the use of our services to those who can actually bear the loss of any money invested and who properly understand the associated risks that are inherent to trading contracts for differences in relation to foreign currencies, securities (including shares, stocks, bonds and/or other debt instruments, including government and public issues) commodities and indices. It is also important to have relevant experience when entering financial contracts and transactions.
As You know, the forex, commodities, securities, indices market is a dynamic arena and their respective prices are often highly unpredictable and volatile. You should not deal in these products unless you understand their nature and the extent of your exposure to risk. You should also be satisfied that the product is suitable for you in light of your circumstances and financial position. In addition, use of our Services can never be considered a safe investment rather only an investment with a high risk of loss inherently associated with it. Furthermore, our own spread is added to online quotes which makes a trade on our websites even more volatile. We make sure that the maximum risk associated for any user shall not exceed the actual amount of money paid to Us and deposited in your account.
3.2. Accountability for Each Financial Transaction
By using our Services, You agree to be fully, independently and personally liable for each transaction and/or credit card transaction made on our System through your account. As such, You must make sure that You are the only person with access to your account at all times. You must make sure that no minors have access to your account. If You do not settle a transaction performed through your account You shall be liable to Us and must indemnify Us in the amount necessary to cover the entire cost, whether indirect or direct, of the transaction. In the unlikely event that a contract is entered to acquire or sell currency at a price that does not reflect the market price (such as an event where a technical error such as a bug or defect has caused a malfunction that has affected the price of the transaction), We reserve our right to terminate and cancel any such transaction. We will notify You of our decision to cancel the transaction and explain our reasons to You. On the other hand, You are required to inform Us of any such malfunction should You experience such a malfunction whilst trading on our system.
3.3. Restrictions on Financial Transactions
You understand that financial regulations, financial codes, financial ethics and contractual requirements vary worldwide. As such, You understand that ultimately it is your responsibility to make sure that You comply with any and all local regulations, directives, restrictions and laws in your local place of residence before using our Services. We strictly state that We do not permit the use of our Services by users from jurisdiction in which the use of our Services is not permitted. These Terms and Conditions is not offering or soliciting the use of our Services to any one located in a jurisdiction in which the specific use is not authorized or otherwise permitted by local laws. Please note that fxtrader360/Fxtrader investments ltd shall apply its own spread to all transactions and trades made by using our Services which can increase the cost of the transactions and trades accordingly.
By using our Services, You declare that all the funds that You use and invest on our Services do not originate in any way from drug trafficking, abduction, terrorist activity or any other criminal activity that is unlawful or could be considered unlawful by any authority. In the event that We become suspicious that You may be engaging in or have engaged in fraudulent, unlawful or improper activity, including, without limitation, money laundering activities, or conduct otherwise in violation of these Terms and Conditions, your access to the Services may be terminated immediately and/or your account blocked. If your account is terminated or blocked in such circumstances, fxtrader360/Fxtrader investments ltd is under no obligation to refund any funds that may be in your account, unless otherwise instructed by a relevant regulatory authority.
In addition to terminating your access to the Service and/or blocking your account, We reserve the right to prevent You from accessing any of our other websites or servers, or accessing any other services offered by Us. We shall be entitled to inform the relevant authorities, other online service providers and banks, credit card companies, electronic payment providers or other financial institutions of your identity and of any suspected unlawful, fraudulent or improper activity and You will cooperate fully with Us to investigate any such activity.
3.4. Additional Risk Disclosures
It is important that You be fully aware of the following points:
Fxtrader360/Fxtrader investments ltd reserves the right to close part, or all, of customers' open positions, in order to facilitate the charge of any fees or amounts due by You. Notwithstanding, You shall be liable for promptly paying such fee(s) to fxtrader360/Fxtrader investments ltd even if You has had full loss of all margins deposited by him. fxtrader360/ Fxtrader investments ltd does not guarantee any order. Placing stops, regardless of the entry or closing designation, does not guarantee that the trade will be filled at the order price. All entry Stops and Stops will be filled, upon activation, at the first/best available market price that may or may not match the requested order price.
In the event liquidity providers are unable to provide liquidity to Us your order may experience delays in execution or You may not be able to place orders entirely.
The size of the order may also impede the speed at which the order is executed. Keep in mind that it is only necessary to enter any order once. Multiple entries for the same order may inadvertently open unwanted positions.
While trading on our 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. fxtrader360/ Fxtrader investments ltd will not be liable for the resulting errors in account balances. fxtrader360/ Fxtrader investments ltd reserves the right to make the necessary corrections or adjustments on the account involved.
High leverage allows trading in CFDs transactions with respect to foreign currencies, securities, commodities and indices with relatively modest margins or guarantees in relation to the scope of the contract. The result of the above is that even a slight fluctuation of the market could mean substantial gains when these fluctuations are in your favor, but that could also mean considerable losses if the fluctuations are to your detriment.
No system exists that could assure You that CFD transactions with respect to foreign currencies, commodities, securities and indices should bring You great benefits, nor is it possible to guarantee, that your transactions will yield favorable results.
Even though the foreign currencies, commodities, securities and indices markets are liquid as compared with other financial and exchange markets, the market conditions might at times render the execution of an order or of a limit on an order (either stop loss or take profit) at a stipulated price impossible.
Accordingly, even though the extent of the losses could be subjected to an agreed upon limit, the risk of incurring losses could be higher, and that loss could occur in a relatively short period of time.
Since deposit of an additional guarantee is not obligatory in this case, fxtrader360/Fxtrader investments ltd reserves the right to close the outstanding balances without your consent.
Under abnormal market conditions, CFDs may fluctuate rapidly to reflect unforeseeable events that cannot be controlled either by Us or by You.
It is important to make a distinction between indicative prices which are displayed on charts and dealable prices which are displayed on our Trading platform. Indicative quotes only give an indication of where the market is. Because the forex and derivatives products market are decentralized, meaning it lacks a single central exchange where all transactions are conducted, each market maker may quote slightly different prices. Therefore, any prices displayed on any chart made available by us or by a third party will only reflect "indicative" prices and not necessarily actual "dealing" prices where trades can be executed.
The risk information presented here does not reflect all of the risks as well as other important aspects intrinsic to CFD transactions with respect to foreign currencies, commodities, securities and indices. Therefore, before starting to trade, You should learn the specifics of trading on such transactions in detail or seek further advice.
Unless You have elected to carry a trade over the weekend, all trades will automatically close out in the real money mode when market closes at the end of the business week at the rates available on the end of the last trading day of the relevant week. All statements with respect to real money accounts will be open during the weekend and all traders are welcome to view their trading account info.
fxtrader360/ Fxtrader investments ltd reserves the right not to offset contracts carried over the weekend shortly after markets are open. fxtrader360/ Fxtrader investments ltd will allow offsetting contracts carried over the weekend when market liquidity conditions are reasonable.
There are a series of inherent risks with the use of the mobile trading technology such as the duplication of order instructions, latency in the prices provided, and other issues that are a result of mobile connectivity. Prices displayed on the mobile platform are solely an indication of the executable rates and may not reflect the actual executed price of the order. Our mobile feature utilizes public communication network circuits for the transmission of messages. We shall not be liable for any and all circumstances in which You experience a delay in price quotation or an inability to trade caused by network circuit transmission problems or any other problems outside our direct control, which include but are not limited to the strength of the mobile signal, cellular latency, or any other issues that may arise between You and any internet service provider, phone service provider, or any other service provider. Please further note that some of the features available on the trading platform or our Social Trading Features may not be available on our mobile feature.
4. INDEMNIFICATION AND LIMITATION OF LIABILITY YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE, AND ANY
PUBLICATIONS, PRESENTATIONS, FINANCIAL TRADING INFORMATION, PRICING DATA, TRADE DATA, PERFORMANCE INFORMATION, BLOGS, POSTINGS, OR OTHER INFORMATION, CONTENT, SERVICES AND MATERIALS CONTAINED IN, ACCESSED VIA, OR DESCRIBED ON OUR WEBSITE, IS AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION, CONTENT, SERVICES AND MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE MAKES NO, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND USE OF OUR WEBSITES OR THE INFORMATION, CONTENT, MATERIALS OR SERVICES ON OR ACCESSED VIA OUR WEBSITES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. NEITHER THE WEBSITE, NOR ANY INFORMATION, CONTENT, MATERIALS, OR SERVICES AVAILABLE VIA THE SITE, CONSTITUTES OR IS INTENDED TO CONSTITUTE, OR SHOULD BE CONSTRUED AS, A SOLICITATION OR ANY OFFER TO BUY AN INTEREST IN ANY SECURITY, INVESTMENT ADVICE OR A RECOMMENDATION OR PROMOTION OF ANY TRANSACTION OR OTHER FINANCIAL PRODUCT, INVESTMENT MANAGER, OR TRADING OR INVESTMENT STRATEGY. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE, RELIABLE OR CURRENT, AND WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM YOUR RELIANCE ON ANY ASPECT OF THE SITE. FURTHER, WE MAKE NO REPRESENTATIONS AND WARRANTIES THAT OUR WEBSITES WILL BE UNINTERRUPTED, SECURED, OR FREE OF ERRORS OR VIRUSES, OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL WE OR OUR AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF FXTRADER360/ Fxtrader investments ltd GROUP LTD. OR ITS AFFILIATES (THE "FXTRADER360/ Fxtrader investments ltd PARTIES") BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE OR IMPROPER USE OF OUR WEBSITES, ANY INFORMATION POSTED ON OUR WEBSITES BY ITS USERS, OR ANY OTHER INFORMATION, CONTENT, MATERIALS OR SERVICES AVAILABLE ON OUR WEBSITES (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. IN ANY EVENT, AND NOTWITHSTANDING, THE MAXIMUM LIABILITY THAT YOU MAY CLAIM FROM US FOR ANY REASON SHALL BE NO MORE THAN THE ACTUAL SUM OF MONEY THAT YOU DEPOSITED IN YOUR ACCOUNT FOR THE PURPOSE OF TRADING THAT MAY HAVE BEEN THE BASIS FOR ANY ACCUMULATED LIABILITY THAT YOU INCUR. CERTAIN STATE LAWS DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, AND THUS SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
5. Technical Features and Requirements
5.1. 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.
5.2. 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.
5.3. 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.
5.4. Maintenance Shut Downs
We maintain our continuing right to shut down our operations and close our Services to our customers at any time. We may do so at any given time, without notice. If We do so, We maintain the right to close all open transactions (regardless of any ongoing positions and profit margins) and to conclude the transactions at fair and market value quotes so that our customers will not have any ongoing claims from Us. Furthermore, at any given time, at our sole discretion, We reserve the right to impose volume limits on customer accounts. Contract payouts shall be determined by fxtrader360/ Fxtrader investments ltd by reference to the daily values reported on this website relevant to the interbank trading data received by fxtrader360/ Fxtrader investments ltd for Forex or derivative products quotes, subject to the provision that fxtrader360/ Fxtrader investments ltd shall have the right to make corrections to such data in the event of mispriced or typographically incorrect data.
6. Prohibited Trading techniques
6.1. Circumvention & Reverse Engineering
You shall not unlawfully access or attempt to gain access, reverse engineer or otherwise circumvent any security measures that We have applied to our system. If, at our sole discretion,
You are in breach of this clause, We may terminate your access to the Service immediately and/ or have your account blocked, and fxtrader360/ Fxtrader investments ltd 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.
6.2. Artificial Intelligence Software
It is absolutely prohibited to use any software, at our sole discretion, which purpose is to apply any kind of artificial intelligence analysis to our system relating to the use of our Service. In the event that We determine, at our own discretion, that artificial intelligence software has been used We reserve our right to take action as We see fit, including completely blocking access to the Service and/or terminating the user account. fxtrader360/ Fxtrader investments ltd reserves the right to seize any profits and/or revenues generated directly or indirectly by exercising prohibit trading activity as described in this Section 7.
6.3. Abusive trading technique
Internet, connectivity delays and price feed errors sometimes create a situation where the prices displayed on the fxtrader360/ Fxtrader investments ltd trading platforms do not actually reflect the market rates, either generally as a result of connectivity delays, upon the occurrence of a market event or an abnormal trading conditions. Trading strategies aimed at exploiting errors in prices and/or concluding trades at off-market prices, or taking advantage of these internet delays (such a scalping or sniping), cannot exist in an OTC market where the client is buying or selling directly from the market maker. Such trading strategies are not permissible on our trading platform. If We can reasonably demonstrate that you, based on your trading strategy or other behavior, deliberately and/or systematically exploited or attempted to exploit such errors in prices and/or off-market prices, we are entitled to take one or more of the following counter measures within 30 days as of the time We have identified such techniques: (i) adjust the price spreads available to you; (ii) restrict or delay your execution and/or your access to streaming, instantly tradable quotes, including by providing manual quotations only; (iii) reclaim from your account any historic trading profits that we can demonstrate have been gained through such abuse at any time; and/or (iv) terminate the account immediately by giving written notice. Any dispute arising from such quoting or execution errors will be resolved by fxtrader360/ Fxtrader investments ltd at its sole and absolute discretion.
7. Conflicts of Interests
7.1. You accept and confirm that a conflict of interests may arise when the interest of fxtrader360/ Fxtrader investments Ltd. and its affiliates competes or may appear to compete with your interests under these Terms and Conditions.
7.2. Specifically you hereby acknowledge and confirm that:
We may execute at the same time orders by different customers that are opposite to one another;
We may establish business, including without limitation, trading relationships with other issuers of financial instruments and We may have a financial interest in such instruments;
We act as a market maker and in this context there may be inherent conflicts of interest;
You hereby acknowledge and understand that We do not collect any taxes for any government authority in any form or manner and You further understand that it is your own responsibility to calculate and pay all applicable taxes applicable in your country of residence arising as a result of your trading activity on our Services. Notwithstanding the above and without derogating in any way from your sole, exclusive and personal obligation to pay taxes in your local jurisdiction, You unequivocally agree that We may deduct any taxes due under applicable law and regulations that may arise from the results of your investment on our System. All amounts extracted from your account are "gross amounts", from which We may deduct any such taxes if necessary under the applicable law. In such an event, You shall have no claim towards fxtrader360/ Fxtrader investments ltd with regard to any such deductions.
8.2. Force Majeure
We will not be liable to You under any circumstances for any damage or losses that You incur due to circumstances beyond our control legally referred to as Force Majeure including, but not limited to, pursuant to any action taken by any government or regulatory body, legal authority, technical delays, technological malfunction, loss of data and records or destruction of hardware.
We will not be liable to You for any such extraordinary events known as Force Majeure which may occur that We could not foresee or otherwise prevent.
8.3. Governing Law & Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of Uganda notwithstanding any principles of conflicts of law. By using our Services You agree to recognize all electronic and magnetic data and documentation as admissible evidence when settling a dispute regarding any trades and investments. The competent courts in Limassol, Cyprus shall have sole and exclusive jurisdiction regarding any dispute or claim arising hereunder.
8.4. Termination of these Terms and Conditions
8.4.1 We reserve the right to terminate these Terms and Conditions and your account and registration (including your username and password) in the following cases:
If for any reason We decide to discontinue to provide the Service, by providing at least a 3 (three) calendar days’ notice (which may be provided by email, facsimile etc.);
If We believe that You have breached any of the terms of these Terms and Conditions, immediately without notice;
If your use of the Service has been in any way improper or breaches the spirit of these Terms and Conditions; or an issuance if an application, order, resolution or other announcement in relation to the bankruptcy or winding-up proceedings in which You are involved, immediately without notice; the death of the user, immediately without notice
You may terminate these Terms and Conditions and your account and registration (including your username and password) at any time by sending an email to such termination to take effect upon fxtrader360/ Fxtrader investments ltd terminating your account and registration (including username and password), which shall occur within 7 calendar days after receipt of your email on our servers, provided that You shall remain responsible for any activity on your account between sending Us an email and the termination of your account by Us.
If these Terms and Conditions are terminated for any reason due to suspected misconduct by the user, fxtrader360/ Fxtrader investments ltd reserves the right to withhold any funds in the account until the matter is resolved. Any decision made by fxtrader360/ Fxtrader investments ltd regarding the matter will be final.
If any part of these Terms and Conditions is unlawful, void or determined to be unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
8.6. Modifications to These Terms and Conditions
No provision of these Terms and Conditions can be amended by You, in any respect, except in a writing by an officer of fxtrader360/ Fxtrader investments ltd that has been confirmed by fxtrader360/ Fxtrader investments ltd’s secretary, and in entering into these Term and Conditions, You have not relied on, or been otherwise induced by, any matter not contained in such writing. For the avoidance of doubt, our customer support department employees are not authorized to amend or to waive the terms of these Terms and Conditions in any respect. We reserve the right to amend, revise, modify, and/or change these Terms and Conditions at any time.
Subject to applicable regulations, upon notice to You, fxtrader360/ Fxtrader investments ltd may assign these Terms and Conditions and/or any of our rights and/or obligation hereunder to another registered or authorized or unauthorized investment professional.
8.8. Contact details and customer support services fxtrader360/ Fxtrader investments ltd is committed to provide the most professional customer support services: You are welcome to contact Us in any question and/or concern You may have in the following contact methods:
Our Address: Fxtrader investments ltd Limited
Phone: +256 702 318 027
Call Us from these countries:
PLEASE PRINT A COPY OF THESE TERMS AND CONDITIONS FOR YOUR RECORDS
Without derogating from the generality of the foregoing, We further reserves the right NOT to execute buy or sell orders for Securities CFDs in the following circumstances:
(1) Your order violates exchange Rules or securities or commodities laws, regulations or Rules, or is intended to defraud or manipulate the market;
(2) abnormal market conditions and/or a significant disruption in or premature close of trading in of the underlying security and/or the market on which the underlying security is traded;
(3) force majeure, acts of God, war (declared or undeclared), terrorism, fire or action by an exchange, regulatory or governmental authority that disrupts trading in the relevant security;
(4) inthe event liquidity providers are unable to provide liquidity to Us.
1.12 Applicable Regulations
1.12.1. These Terms and Conditions and any orders or transactions placed or executed under it are subject to all applicable laws and regulations including, without limitation, the constitutions, articles, by-laws, rules, regulations, policies, procedures and interpretations (collectively, "Rules") of the exchanges, markets and clearing houses in which fxtrader360/
Fxtrader investments ltd may elects to hedge its activity; of the Cypriote Securities and Exchange Commission ("CYSEC"); and any other applicable Rules of a regulatory, self-regulatory or governmental authority ("Applicable Regulations"). IN NO EVENT SHALL FXTRADER360/Fxtrader investments ltd OR ANY OF ITS AFFILIATES BE LIABLE TO YOU FOR ANY ACTION, INACTION, DECISION OR RULING OF ANY EXCHANGE, MARKET, CLEARING HOUSE OR REGULATORY OR SELF-REGULATORY AUTHORITY.
1.12.2. fxtrader360/Fxtrader investments ltd or its affiliates may take or omit any action they consider reasonable to comply with Applicable Regulations. You specifically acknowledges that exchange Rules may afford the exchange wide powers in various situations, including, but not limited to, in an emergency, in an otherwise undesirable situation, or in the event of a default (not necessarily on the part of fxtrader360/Fxtrader investments ltd, its affiliates), to close-out a transaction, to require the exercise of set-off rights or to take such other steps or combination of steps as the exchange thinks fit. You agree that, if a relevant exchange (or intermediate broker acting at the direction of, or as a result of any action taken by, any exchange) takes any action which affects any transaction, then We may take any action which We, in our absolute discretion, consider desirable to respond to such action or to mitigate any loss incurred as a result of such action. Any such action taken by Us will be binding on You. In no event shall fxtrader360/Fxtrader investments ltd or its affiliates be liable to You for any action, inaction, decision or ruling of any exchange, market, clearing house or regulatory, self-regulatory, governmental or supra national authority.