END-USER LICENSE AGREEMENT
In addition to the Agreement and the Privacy Policy that you should review, your use of the Companys trading services is strictly subject to all additional rules which may apply from time to time to the trading services which you are using, including, but not limited to, the "Bonus Policy" and the "Deposit & Withdrawal Policy" (together the "Additional Rules") in each case as updated from time to time.
1. INTRODUCTION
1.1. By registering with the Company or by using the
Company's trading services, you agree to be bound by this
Agreement in its entirety and without reservation. As
such, this Agreement constitutes a binding legal document
between you and the Company and together with the
Additional Rules which are deemed to be an integral part
hereof, this Agreement shall govern your use of our
trading services at all times.
1.2. By registering with the Company, you represent and
warrant that: (a) All registration information you submit
is truthful and accurate; (b) You will maintain the
accuracy of such information; (c) You are Legally of Age
(as such term is defined below) or older or else, or
otherwise have the legal capacity to form a binding
contract; and (d) Your use of the Company's trading
services does not violate any applicable law or regulation
or any obligation you may have to a third party.
1.3. All transactions between you and the Company take
place in Cyprus where the Company's principal servers are
located.
1.4. The Company software (the "Software"), allows you to
use our trading services (the "Services"). The Company
reserves the right to suspend, modify, remove or add to
the Site or Site Content (as such terms are defined
below), the Company platform or the Services in its sole
discretion with immediate effect and without notice. The
Company shall not be liable for any loss suffered by you
resulting from any changes made and you shall have no
claims against the Company in such regard.
1.5. In respect of your use of the Services, you may only
have one account, for which you will register using your
own actual name. You shall access the Software and use the
Services only via your own account and you may never
access the Software or use the Services by means of
another person's account. Should you attempt to open more
than one account, under your own name or under any other
name, or should you attempt to use the Services by means
of any other person's account, we will be entitled to
immediately close all your accounts, retain all monies in
such accounts and bar you from future use of the Services.
2. ACCEPTANCE OF TERMS AND CONDITIONS
2.1. If you do not agree to any of the provisions of this
Agreement you should immediately stop using the Software
and remove the Software from your computer.
2.2. We reserve the right to amend, modify, update and
change any of the terms and conditions of this Agreement
(including each of the Additional Rules) from time to time
and we will notify you of any such amendment, modification
or change by publishing the new version of this Agreement
on the relevant page of our Internet sites. Any modified
version of this Agreement will take effect 10 days after
its publication on the Internet Site and your continued
use of the Services or the Software after the
aforementioned 10 days will be deemed to constitute your
acceptance of the changes to this Agreement. It remains
your responsibility to ensure that you are aware of the
correct, current terms and conditions of this Agreement
and we advise you to check for updates on a regular basis.
PLEASE NOTE: We take our responsibilities in relation to
your privacy exceedingly seriously and therefore changes
to the Privacy Policy are strictly subject to the
modification provisions found therein.
3. COMPLIANCE WITH LAWS
3.1. The offering of binary options on various underlying
financial and other assets may not be legal in some
jurisdictions. You understand and accept that the Company
is unable to provide you with any legal advice or
assurances in respect of your use of the Services and the
Company makes no representations whatsoever as to the
legality of the Services in your jurisdiction. Please
verify the relevant laws in your jurisdiction before
registering with the Company and using the Services.
3.2. The Services are intended only for users who are not
prohibited by the laws of any applicable jurisdiction from
acquiring financial contracts on the Internet. The Company
does not intend to enable you to contravene applicable
law. You represent, warrant and agree to ensure that your
use of the Software and the Services will comply with all
applicable laws, statutes and regulations. The Company
shall not be responsible for any illegal or unauthorized
use of the Software or the Services by you. Please consult
legal counsel in the applicable jurisdiction if you have
any doubts about the legality of your use of the Software
and the Services under the laws of any jurisdiction that
applies to you. By accepting these terms, you agree to
assist the Company, to the extent you are able, with its
compliance with applicable laws and regulations.
4. PERMITTED PARTICIPATION
4.1. No-one under the age of 18 or the age of legal
consent for engaging in the activities included in the
Services under the laws of any jurisdiction, whichever is
higher ("Legally of Age") may use the Services under any
circumstances and any person not Legally of Age who uses
the Services will be in breach of the terms of this
Agreement. The Company reserves the right to request proof
of age at any stage to verify that persons not Legally of
Age are not using the Services. The Company may cancel a
person account and exclude a person from using the
Services if proof of age is not provided or if the Company
suspects that a person using the Services is not Legally
of Age.
4.2. We reserve the right to verify your registration
details, such as name, address, age, and payment methods
used, at any time, by requesting certain documents. These
documents shall typically include an identity card,
passport or driver's license, proof of address such as a
utility bill, and proof of your payment method and DOD,
declaration of deposit. If deemed necessary, we may
request that the said document copies are notarized,
meaning that the documents are stamped and attested by a
Public Notary. In the event our requests for documents are
not completed by the member, the Company may at its sole
discretion terminate the account, and withhold any funds
that are present therein. Should the documents fail our
internal security checks – for example, if we suspect that
they have been tampered with, or are in any way provided
to mislead or misrepresent – we shall be under no
obligation to accept such documents as valid, and under no
obligation to provide feedback on the exact nature of our
findings with regards to these documents.
4.3. We reserve the right to perform background checks on
any member, for any reason, including (but not limited to)
any investigation into the identity of the member, any
credit checks performed on the member, or any enquiries
into the member's personal history. The basis for such
investigations will be dependent on the specific case, but
could include (but is not limited to) verification of the
member's registration details, such as the name, address
and age, verification of the member's financial
transactions, and verification of the member's trading
activity. The Company is under no obligation to advise the
member of such an investigation taking place. Such
activities may include the use of specific third party
companies, who perform the investigations as required. The
Company may decide at its sole discretion to block a
member's account and withhold all funds on the basis of
such an investigation and its positive outcome for the
Company.
5. INFORMATION TECHNOLOGY / INTELLECTUAL PROPERTY
5.1. The Company hereby grants you the non-exclusive,
non-transferable, non-sub-licensable right to use the
Software and all content derived from the Software,
including, but not limited to, the copyright and all other
intellectual property rights therein, in connection with
the Services in accordance with this Agreement. The
Software's code, structure and organization are protected
by intellectual property rights. You must not:
5.1.1. copy, redistribute, publish, reverse engineer,
decompile, disassemble, modify, translate or make any
attempt to access the source code to create derivate works
of the source code, or otherwise;
5.1.2. sell, assign, sublicense, transfer, distribute or
lease the Software;
5.1.3. make the Software available to any third party
through a computer network or otherwise;
5.1.4. export the Software to any country (whether by
physical or electronic means); or
5.1.5. use the Software in a manner prohibited by
applicable laws or regulations (together the "Prohibited
Activities").
5.2. You will be solely liable for any damage, costs or
expenses arising out of or in connection with the
commission of any Prohibited Activities. You shall notify
the Company immediately upon becoming aware of the
commission by any person of any of the Prohibited
Activities and shall provide the Company with reasonable
assistance with any investigations it may conduct in light
of the information provided by you in this respect.
5.3. The brand names relating to the Company trading
platform and any other trademarks, service marks and trade
names used by the Company either on its own behalf or
together with its partners from time to time (the
"Trademarks") are the trademarks, service marks and trade
names of the Company or one of its group companies or its
licensors or its partners and these entities reserve all
rights to such Trademarks.
5.4. In addition to the rights in the Trademarks, the
Company (or one of its group companies, licensors or
partners) own the rights in all other content, including
but not limited to the Software, images, pictures,
graphics, photographs, animations, videos, music, audio
and text available via the Software or on the Internet
(the "Site Content") and the Site Content is protected by
copyright or other intellectual property rights.
5.5. You agree not to delete any copyright notices or
other indications of protected intellectual property
rights from materials that you print or download from the
web site.
5.6. You hereby acknowledge that by using the Services or
the Software you obtain no rights in the Trademarks or the
Site Content and you may only use the same in complete
accordance with this Agreement.
6. YOUR REPRESENTATIONS AND UNDERTAKINGS
In consideration of the rights granted to you to use the
Services and the Software, you represent, warrant,
covenant and agree that:
6.1. You are Legally of Age as defined in this Agreement,
you are of sound mind and you are capable of taking
responsibility for your own actions.
6.2. All details provided by you to the Company either
during the registration process or at any time thereafter,
including as part of any payment deposit transaction, are
true, current, correct and complete and match the name(s)
on the credit/debit card(s) or other payment accounts to
be used to deposit or receive funds in your account.
6.3. Without derogating from the aforementioned, should
you use a credit/debit card or any other form of payment
which is not in your private and personal name, we will
presume that you have received complete and sufficient
consent from the rightful owner or the person whom name is
used on such payment instrument to make use of such
payment instrument for the purposes herein, prior to your
engagement with us. We shall not be obligated in any
manner to examine such consent and shall bear no
responsibility with respect to your representations
hereunder. You will promptly notify us of any changes to
details previously provided by you to the Company.
6.4. 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 money to your account.
Depending on the outcome of these verification checks you
may or may not be permitted to deposit further monies with
the credit card previously used by you. Should any of the
information that you provide to us be untrue, inaccurate,
misleading or otherwise incomplete, you will be in breach
of contract and we reserve the right to terminate your
account immediately and prevent you from using the
Software or the Services, in addition to any other action
that we may choose to take.
6.5. If you are registering as or for a business entity,
you hereby declare that you have the authority to bind
that entity to this Agreement.
6.6. Your account with the Company is solely for your
benefit. You shall not allow any third party (including a
relative) to use your account, password or identity to
access or use the Services or the Software and you shall
be fully responsible for any activities undertaken on your
account by a third party. You will not reveal your account
username or password to any person or business entity and
you shall take all steps to ensure that such details are
not revealed to any person. You shall inform us
immediately if you suspect that your account is being
misused by a third party or any third party has access to
your account username or password so that we may
investigate such matter, and you will cooperate with us,
as we may request, in the course of such investigation.
6.7. Fx Token has the ability to block a client from the
platform if they violated the privacy terms. Fx Token is
obligated to keep all term of privacy to protect the
traders and their trading accounts. A trader who will
violate the privacy terms and share his password and
personal information with a 3rd Party will risk his
ability to log in to his account. In terms of this, Fx
Token has the ability to decide to block the account and
the initial deposit will be returned to the client with no
profits.
6.8. You have verified and determined that your use of the
Services does not violate any laws or regulations of any
jurisdiction that applies to you.
6.9. You fully understand the methods, rules and
procedures of the Services and binary options trading in
general. Furthermore, you have sufficient experience and
knowledge in financial matters to be capable of evaluating
the merits and risks of trading in binary options and
acquiring financial contracts via this Site and have done
so without relying on any information contained in this
Site.
6.10. You will not commit any acts or display any conduct
that damages the reputation of the Company.
7. PROHIBITED USES OF THE SITE AND SERVICES; INDEMNIFICATION
7.1. Illegal Funds and Unlawful Activities: You declare
that the source of funds used by you on the Site is not
illegal and that you will not use the Services in any way
as a money transfer system. You will not use the Services
for any unlawful or fraudulent activity or prohibited
transaction (including money laundering) under the laws of
any jurisdiction that applies to you (in particular, the
laws of United Kingdom). If the Company has a suspicion
that you may be engaging in or have engaged in fraudulent,
abusive, unlawful or improper activity, including, without
limitation, money laundering activities or engaging in a
transaction out of market rates, or conduct otherwise in
violation of this Agreement, your access to the Services
may be terminated immediately and/or your account blocked.
If your account is terminated or blocked in such
circumstances, the Company is under no obligation to
refund to you any funds that may be in your account. In
addition to terminating your access to the Services and
blocking your account, the Company reserves the right to
prevent you from accessing any of the Company's other
websites or servers, or accessing any other services
offered by the Company. The Company shall be entitled to
inform relevant authorities, other online service
providers and banks, credit card companies, electronic
payment providers or other financial institutions of your
identity and of any suspected unlawful, fraudulent or
improper activity and you will cooperate fully with the
Company to investigate any such activity.
7.2. Money Laundering Prevention: Preventing money
laundering is a top priority and goal for regulatory
authorities worldwide. Money laundering enables movement
of illicit funds from criminal activities and makes them
potentially available for terrorist activity. At Fx
Token.com we are fully committed to preventing money
laundering via a number of steps: Client identification
and verification procedures via third-party data
providers. Identification, monitoring and reporting of
suspicious transactions Maintenance of trading records
over an extended period of time Training of employees in
regards to recognizing and preventing illicit financial
transactions. Fx Token.com reserves the right to collect
and ask for additional forms of identification from our
clients prior to funding an account. Further the company
reserves the right to refuse to process a transfer at any
point if it believes the funds are in any way related to
money laundering or criminal activity.
7.3. Circumvention: We have developed and employ
sophisticated proprietary technology intended to seek out
and identify users making fraudulent or unlawful use of
the Services or Software. You shall not break into, access
or attempt to break into or access or otherwise circumvent
the Company's security measures. If, the Company believes,
in its sole discretion, that you are in breach of this
clause, the Company may terminate your access to the
Services immediately and/or have your account blocked, and
the Company may inform Interested Third Parties of your
breach of this clause.
7.4. You agree that you will not do any of the following
while using or accessing the Site, Services, the Company's
trading platform or the Site Content: Interfere with or
disrupt (or attempt to interfere with or disrupt) any web
page available at the Site, servers, or networks connected
to the Site, or the technical delivery systems of the
Company's providers, or disobey any requirements,
procedures, policies, or regulations of networks connected
to the Site; Attempt to access, search, or meta-search the
Site or content thereon with any engine, software, tool,
agent, device, or mechanism other than software and/or
search agents provided by the Company or other generally
available third-party web browsers, including without
limitation any software that sends queries to the Site to
determine how a website or web page ranks; or Use, launch,
or permit to be used any automated system, including
without limitation "robots", "crawlers" or "spiders".
7.5. You agree to defend and indemnify the Company and its
officers, directors, employees, and agents and to hold
them harmless from and against any and all claims,
liabilities, damages, losses, and expenses, including
without limitation reasonable attorney's fees and costs,
arising out of or in any way connected with (i) your
access to or use of the Site, the Company's platform, or
the Services; (ii) your violation of any of the terms of
this Agreement; or (iii) any improper or illegal use of
your account.
8. YOUR ACCOUNT
8.1. 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 Site using your
account.
8.2. We take no responsibility for any third party access
to your account and under no circumstances shall the
Company be liable for any losses incurred by you as a
result of misuse of your password by any person or for any
unauthorized access to your account. In any case, all
positions traded on your account and credit card
transactions entered into the Site for your account, where
your user name and password have been entered correctly,
will be regarded as valid, whether or not authorized by
you.
8.3. Monies held in your account shall not attract any
interest.
8.4. Accounts in which there have been no transactions
(trading / withdrawals / deposits), for a set period of 12
months, will be considered by the Company as being dormant
accounts. Such dormant accounts will be charged an annual
maintenance fee of US$25 or the full amount of the free
balance in the account if the free balance is less than
US$25. There will be no charge if the free balance is
zero. Consequently, all accounts with a zero free balance
will be closed.
8.5. The Company may, at any time, set off any positive
balances in your account against any amount owed by you to
us.
8.6. The Company may, at its sole discretion, impose
volume or other limits on customer accounts.
9. PAYMENT TRANSACTIONS AND PAYMENT FRAUD
9.1. Acquisition of a financial contract is completed when
the financial contract has been customized, the premium
(or the margin, as the case may be) has been calculated
and payment has been verified. You agree to be fully and
personally liable for the due settlement of every
transaction entered into under your account with the
Company.
9.2. Each user of the Service is fully responsible for
paying all monies owed to the Company. You agree that you
will not make or attempt to make any charge-backs, or deny
or reverse any payment that you have made and you will
reimburse the Company for any charge-backs, denial or
reversal of payments you make and any loss suffered by the
Company as a consequence thereof. The Company may, at its
sole discretion, cease to provide the Services or withhold
payment to certain users or to users paying with certain
credit cards.
9.3. We reserve the right to run credit checks on all
users with third party credit agencies, on the basis of
the information provided to us on registration.
9.4. We reserve the right to use third party electronic
payment processors or financial institutions to process
payments made by and to you in connection with your use of
the Services. To the extent that they do not conflict with
the terms of this Agreement, you agree to be bound by the
terms and conditions of such third party electronic
payment processors or financial institutions.
9.5. In the case of suspected or fraudulent payment,
including use of stolen credit cards, or any other
fraudulent activity or attempted fraudulent activity
(including any charge-back or other reversal of a
payment), we reserve the right to immediately block a
user's account, terminate a user's account, seize the
funds within a user's account, refund to users only their
initial deposits, reverse any pay-out made and recover any
pending balance. We shall be entitled to inform any
relevant authorities or entities (including credit
reference agencies) of any payment fraud or otherwise
unlawful activity, take legal action against a user, and
may employ collection services to recover payments.
However, under no circumstances shall the Company be
liable for any unauthorized use of credit cards,
irrespective of whether or not the credit cards were
reported stolen.
9.6. All payments into your account must be from a single
payment source, such as a credit card, debit card or
charge card, on which you are the named account holder.
9.7. Option payouts shall be determined by the Company
from time to time by reference to the daily values
reported on the Site relevant to the inter-bank trading
data received by the Company for all options, provided
that the Company shall have the right to make corrections
to such data in the event of mispriced or typographically
incorrect data.
10. YOUR COMMUNICATIONS
10.1. Unless otherwise indicated for a particular Service,
any communications or material of any kind that you e-mail
or otherwise transmit through the Services, including
information, data, questions, comments or suggestions will
be treated as non-proprietary and non-confidential.
10.2. By accepting this Agreement you grant a license to
the Company to use your communications in any way it sees
fit, either on the Site or elsewhere, with no liability or
obligation to you. The Company is free to use any idea,
concept, know-how or technique or information contained in
your communications for any purpose including, but not
limited to, developing and marketing products.
10.3. The Company is entitled, but not obligated, to
review or retain your communications. The Company may
monitor your communications to evaluate the quality of
service you receive, your compliance with this Agreement,
the security of the Site, or for other reasons.
10.4. You agree that such monitoring activities will not
entitle you to any cause of action or other right with
respect to the manner in which the Company monitors your
communications. In no event will the Company be liable for
any costs, damages, expenses or any other liabilities
incurred by you as a result of the Company's monitoring
activities.
11. BONUSES
11.1. All promotions, bonuses or special offers are
subject to specific terms and conditions and any
complimentary bonus credited to your account must be used
in adherence with such terms and conditions. We reserve
the right to withdraw any promotion, bonus or special
offer at any time.
11.2. In the event that the Company believes a user of the
Service is abusing or attempting to abuse a bonus or other
special offer, or is likely to benefit through abuse or
lack of good faith from a policy adopted by the Company,
then the Company may, at its sole discretion, deny,
withhold or withdraw from any user any bonus or special
offer, or rescind any policy with respect to that user,
either temporarily or permanently, or terminate that
user's access to the Services and block that user's
account.
11.3. In the event that the Company deems in its sole
discretion that you have been taking unfair advantage of
the Company's bonuses or have executed any other act in
bad faith in relation to a bonus offered on the Site, the
Company shall have the right to block or terminate your
account with the Company and in such circumstances, the
Company shall be under no obligation to refund to you any
funds that may be in your account other than your original
deposit amounts.
11.4. For further information on the Company's policy with
regard to bonuses please refer to our "Bonus Policy".
11.5. These bonuses are limited by time and the conditions
related to any bonuses are subject to change. To withdraw
your bonus, you will be asked to perform a trading volume
of at least 40 times for each $1 bonus. The bonus and
profits can be withdrawn only when the foregoing
stipulation has been fully respected and fulfilled. Any
withdrawal of funds from an account made before completing
the terms of the bonus will result in the bonus and its
profits immediate cancellation and removal from the
trading account. Any indication of fraud, manipulation,
cash back arbitrage or other forms of deceptive or
fraudulent activity based on the provision of the bonus
will invalidate the account and any profits or losses
collected.
12. OBLIGATIONS OF THE COMPANY
12.1. The Company has no obligation to check whether users
are using the Services in accordance with this Agreement
or the Additional Rules, as updated from time to time.
12.2. Under no circumstances shall the Company be
obligated to investigate or pursue any complaints made by
a user against any other user using the Services or to
take any other action in connection therewith, or take any
action against a user for any reason, including without
limitation for violating the terms of this Agreement. The
Company may, at its sole discretion, decide to take
appropriate action against any person it suspects of
engaging in any unlawful behavior or otherwise violating
the terms of this Agreement, but is under no obligation to
do so.
12.3. The Company has no obligation to maintain account
names or passwords. If you misplace, forget or lose your
account name or password because of anything other than
the Company's error, the Company shall not be liable.
12.4. The Company shall handle all personal information
provided by you strictly in accordance with the Privacy
Policy.
12.5. The trading hours may vary from time to time and are
presented in our asset index page at
https://fx-tokens.live/pricing.html
12.6. The Company will fulfill to the best of its
abilities all your trading orders, keep the register of
your orders and of their fulfillment, and will provide you
with necessary extracts upon your request.
12.7. The Company shall provide the following online
reports: (i) "Open Positions": a report presenting the
account's opens transactions; and (ii) "Account
Statement": a report presenting the account's balance and
statement at a given point of time.
12.8. It is the Company's decision, in its sole
discretion, which options to offer for trading on the Site
and which option payout rates shall apply for each option
upon successful trades.
13. NO WARRANTY
13.1. The services and the software are provided "as is".
The company makes no warranty or representation, whether
express or implied (whether by law, statute or otherwise),
including but not limited to implied warranties and
conditions of merchantability, satisfactory quality,
fitness for a particular purpose, completeness or accuracy
of the services or the software or infringement of
applicable laws and regulations. The entire risk as to the
use, quality and performance of the software lies with
you.
13.2. The company makes no warranty that the software or
services will meet your requirements, be uninterrupted,
timely, secure or error-free, that defects will be
corrected, or that the software or the server that makes
it available are free of viruses or bugs or represents the
full functionality, accuracy, reliability of the materials
or as to results or the accuracy of any information
obtained by you through the services.
13.3. In the event of systems or communications errors,
bugs or viruses relating to account settlement or other
elements of the services or resulting in loss of data by
you or any other damage to your computer equipment or
software, the company shall in no way be liable to you and
the company reserves the right to void transactions in
question and take any other action to correct such errors
save that the company is not required to provide any back
up network and/or systems or similar services.
13.4. The company shall not be liable for any acts or
omissions made by your internet service provider or other
third party with whom you have contracted to gain access
to the server that hosts the site.
13.5. Without limiting the foregoing, the company will not
be responsible for an impossibility to execute orders and
requirements due to failures in the operation of
informational systems caused by technical faults, which
are beyond its control.
14. LIMITATIONS OF LIABILITY
14.1. You agree that you are free to choose whether to use
the Services and do so at your sole option, discretion and
risk.
14.2. The Company shall not be liable to you or any third
party in contract, tort, negligence, or otherwise, for any
loss or damage whatsoever arising from or in any way
connected with your, or any third party's, use of the
Software or the Services, whether direct or indirect,
including, without limitation, damage for loss of
business, loss of profits (including loss of or failure to
receive anticipated profits), business interruption, loss
of business information, or any other pecuniary or
consequential loss (even where we have been notified by
you of the possibility of such loss or damage).
14.3. The Company shall not be liable in contract, tort,
negligence, or otherwise, for any loss or damage
whatsoever arising from or in any way connected with your
use, of any link contained on the Site. The Company is not
responsible for the content contained on any Internet site
linked to from the Sites or via the Services.
14.4. You confirm that the Company shall not be liable to
you or any third party for any modification to, suspension
of or discontinuance of the Software or the Services.
14.5. Nothing in this Agreement will operate so as to
exclude any liability of the Company for fraud, death or
personal injury that is caused by the Company's
negligence.
14.6. You agree that, in the event that the Software or
Services fails to operate correctly as a result of, but
not limited to, any delay or interruption in operation or
transmission, any loss or corruption of data or
communication or lines failure, any person's misuse of the
Site or its contents or any error or omission in content
or any other factors beyond our control:
14.6.1. the Company will not be responsible for any loss,
including loss of profits, that may result; and
14.6.2. if an option is acquired or sold at prices that do
not reflect its market prices, or at an abnormally low
level of risk (the "mispricing") due to an undetected
programming error, bug, defect or glitch in the Site, the
Software or any other reason resulting in mispricing, the
Company reserves the right to cancel such transactions
upon notifying you of the nature of the computer error
that led to such mispricing. You have a duty to report to
the Company any problem, error or suspected system or
other inadequacies that you may experience.
15. BREACH OF THESE TERMS AND CONDITIONS
15.1. You agree to fully indemnify, defend and hold the
Company, its partners and their respective companies and
their respective officers, directors and employees
harmless immediately on demand from and against all
claims, demands liabilities, damages, losses, costs and
expenses, including legal fees and any other charges
whatsoever, howsoever caused, that may arise as a
result:
15.1.1. of any breach of this Agreement by you;
15.1.2. violation by you of any law or the rights of any
third party; or
15.1.3. use by you of the Services or Software or use by
any other person accessing the Services or Software using
your user identification, whether or not with your
authorization.
15.2. In addition to any other remedy available, if you
breach any of these terms and conditions of this Agreement
or the Company has reasonable grounds for suspecting that
you have breached the terms and conditions of this
Agreement, in addition to any other remedies available to
the Company, your credit may be forfeited at the
discretion of the Company and the Company may retain any
positive balance then existing in your account on account
of any damages or other amounts owed by you to the Company
pending investigation and/or the conclusion of any legal
proceedings. Failure to comply with this Agreement may
also result in disqualification, account closure and/or
legal action being taken against you.
16. RISK STATEMENT
16.1. The financial services contained within the Site are
suitable only for customers who are able to bear the loss
of all the money they invest, and who understand the risks
and have experience in taking risks involved in trading in
binary options.
16.2. The maximum loss that may be incurred by any
customer is the amount of money paid by them to the
Company including rolling fees for day trade deals.
16.3. Subject to market conditions, 'Stop Loss Orders'
shall be executed either at the exact exchange rate
selected by the customer, where the amount will be
calculated automatically, or at the exact amount of loss
selected by the customer, where the exchange rate will be
calculated accordingly. A transaction of that nature shall
be executed as soon as the distinctive ("indicative")
exchange rate is found on the financial information
systems which, including the Company's spread, is either
identical to the order given by the customer, or indicates
an identical amount of loss declared by the customer.
16.4. The calculation of the payout to be received for the
options on the Site, at the time the option is traded,
will be based on the Company's best estimate of market
prices and the expected level of interest rates, implied
volatilities and other market conditions during the life
of the option, and is based on a complex arithmetic
calculation. The calculation will include a spread in fFx
Tokenr of the Company.
16.5. The payout amounts offered to customers speculating
on market or index prices, may differ substantially from
prices available in the primary markets where such options
are traded, due to the spread fFx Tokenring the Company in
the price calculation system referred to above. The
Company does not provide a market amongst or between
customers for investments or speculations. Each option
traded by a customer via the Site is an individual
Agreement made between that customer and the Company, and
is not transferable, negotiable or assignable to or with
any third party.
17. MARKET INFORMATION
17.1. The 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").
17.2. Market Information provided on these web pages is
not intended as investment advice. The Company does not
endorse or approve the Market Information, and we make it
available to you only as a service for your own
convenience.
17.3. The Company and any Third Party Providers do not
guarantee the accuracy, timeliness, completeness or
correct sequencing of the Market Information, or warrant
any results from your use or reliance on the Market
Information.
17.4. Market Information may quickly become unreliable for
various reasons including, for example, changes in market
conditions or economic circumstances. Neither the Company
nor the Third Party Providers are obligated to update any
information or opinions contained in any Market
Information, and we may discontinue offering Market
Information at any time without notice.
17.5. You agree that neither the Company nor the Third
Party Providers will be liable in any way for the
termination, interruption, delay or inaccuracy of any
Market Information.
17.6. You will not "deep-link", redistribute or facilitate
the redistribution of Market Information, nor will you
provide access to Market Information to anyone who is not
authorized by the Company to receive Market Information.
18. DISPUTES
18.1. You understand and agree that (without prejudice to
your other rights and remedies) the Company records shall
be the final authority in determining the terms of your
use of the Services and you shall have no right to dispute
the Company's decisions in regard to such matters.
18.2. No claims or disputes will be considered more than
seven (7) days after the date of the original transaction
and all claims or disputes should be raised with the
customer service department at info@fx-tokens.live
19. DURATION AND TERMINATION
19.1. This Agreement shall come into force immediately
upon your completion of the registration process with the
Company and shall continue in force unless and until
terminated in accordance with its terms.
19.2. The Company reserves the right to suspend the
operation of the Site or any part or sections of it. In
such an event, the Company may, at its sole discretion
(with or without notice), close out the customers' 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.
19.3. We may terminate this Agreement and your account
(including your username and password) immediately without
notice:
19.3.1. if for any reason we decide to discontinue to
provide the Services in general or specifically to you;
19.3.2. if we believe that you have breached any of the
terms of this Agreement;
19.3.3. if your use of the Services has been in any way
improper or breaches the spirit of this Agreement;
19.3.4. if your account is associated in any way with any
existing account that has been terminated. If your account
is associated with, or related to, existing blocked
accounts, we may terminate your account, irrespective of
the nature of this relationship, and the registration
details provided on said accounts; or
19.3.5. for any other reason we see fit. Save for as
otherwise provided herein, on termination of this
Agreement any balance in your account will be returned to
you within a reasonable time of your request, subject
always to our right to deduct any amounts owed by you to
us.
19.4. You may terminate this Agreement and your account
(including your username and password) at any time by
sending an email to us at info@fx-tokens.live, such
termination to take effect upon the Company terminating
your account (including username and password), which
shall occur within 7-10 business days after receipt by the
Company of your email on our servers in Cyprus, provided
that you shall remain responsible for any activity on your
account between sending us an email and the termination of
your account by the Company. In the case that your account
has a remaining balance, you will be refunded the
remaining balance within 7-10 business days following the
request. Please note that in the case you have a bonus,
the terms of the bonus will be applied. Please refer to
the bonus policy to further understand bonus terms and
conditions.
19.5. The right to terminate this Agreement given by this
clause shall not prejudice any other right or remedy of
either party in respect of the breach concerned (if any)
or any other breach.
19.8. In the event of our termination of this Agreement on
account of your breach of this Agreement (including the
Additional Rules) the Company will be under no obligation
to refund to you any funds that may be in your account and
you shall have no claims against the Company in such
regard. Further, you will not be able to open an account
with the Company again without our express permission.
20. CUSTOMER SERVICE DEPARTMENT AND SPECIAL PROMOTIONS
20.1. You hereby expressly consent to the Company using
the contact details provided by you on registration to
occasionally contact you directly in relation to your use
of the Services or any other products or services offered
by the Company, its partners or affiliates from time to
tim
20.2. The Company will not tolerate any abusive behavior
exhibited by users of the Service to the Company's
employees. In the event that the Company, in its sole
discretion, deems that your behavior, via telephone, email
or otherwise, has been abusive or derogatory towards any
of the Company's employees, the Company shall have the
right to block or terminate your account with the Company
and in such circumstances, the Company shall be under no
obligation to refund to you any funds that may be in your
account.
20.3. The Company may, from time to time, offer you
special promotions. These promotions may be notified to
you by various means, including but not limited to (i)
email, (ii) telephone, (iii) SMS and (iv) additional
windows opening from within the Software. Promotions begin
at 00:00 and end at 23:59 GMT on specified dates, unless
stated otherwise in the promotion's Terms & Conditions.
20.4. We will provide you with an opt-out option in
relation to various types of communications from the
Company and should you choose to opt-out from
communications the Company shall respect your wishes in
such regard.
21. EXCHANGE RATES
All currency conversions executed by the Company for the purposes of allowing you to deposit and cash-out money from your account shall be executed by the Company at an exchange rate comparable with daily commercial rates offered by banks and credit card companies.
22. PHONE CALL RECORDING
For service quality assurance the Company records, at its sole discretion, telephone calls made from and to its offices. You hereby agree that telephone calls made, either by you contacting the Company, or when being contacted by the Company, may be recorded.
23. GOVERNING LAW
This Agreement and the relationship between the parties shall be governed by, and interpreted in accordance with, the laws of United Kingdom and you irrevocably submit, for the benefit of the Company, to the exclusive jurisdiction of the courts of United Kingdom to settle any disputes (including claims for set off and counterclaims) which may arise in connection with the creation, validity, effect, interpretation or performance of, or the legal relationships established by, this Agreement or otherwise arising in connection with this Agreement.
24. LANGUAGE DISCREPANCIES
This Agreement has been drafted in the English language. In the event of any discrepancy between the meanings of any translated versions of this Agreement and the English language version, the meaning of the English language version shall prevail.
25. GENERAL
25.1. If any part of this Agreement shall be deemed
unlawful, void or for any reason unenforceable, then that
provision shall be deemed to be severable from the rest of
this Agreement and shall not affect the validity and
enforceability of any of the remaining provisions of this
Agreement. In such cases, the part deemed invalid or
unenforceable shall be construed in a manner consistent
with applicable law to reflect, as closely as possible,
the original intent of the parties
25.2. No waiver by us of any terms of this Agreement shall
be construed as a waiver of any preceding or succeeding
breach of any terms of this Agreement.
25.3. Unless otherwise expressly stated, nothing in this
Agreement shall create or confer any rights or any other
benefits to third parties.
25.4. Nothing in this Agreement shall be construed as
creating any agency, partnership, trust arrangement,
fiduciary relationship or any other form of joint
enterprise between you and us.
25.5. This Agreement contains the entire agreement between
the Company and you relating to your use of the Software
and the Services and supersedes any and all prior
agreement between the Company and you in relation to the
same. You confirm that, in agreeing to accept this
Agreement, you have not relied on any representation save
insofar as the same has expressly been made a
representation by the Company in this Agreement.
25.6. The Company reserves the right to transfer, assign,
sublicense or pledge this Agreement, in whole or in part,
in the event of a reorganization of the corporate group in
which the Company exists or in the event of a merger, sale
of assets or other similar corporate transaction in which
the Company may be involved in.
25.7. You may not transfer, assign, sublicense or pledge
in any manner whatsoever any of your rights or obligations
under this Agreement.
25.8. In this Agreement, "you" or "your" or "user" means
any person who uses the Services or the Software under
this Agreement. Unless otherwise stated, "we", "us" or
"our" refers collectively to the Company and its
subsidiaries, affiliates, directors, officers, employees,
agents and contractors.
25.9. Nothing in this Agreement shall be construed so as
to grant you any security interest whatsoever over the
assets of the Company, including for the Fx Tokenidance of
doubt on any amounts standing to the credit of your
account.
26. KYC (KNOW YOUR CUSTOMER) POLICY
Know your customer policies have become increasingly
important worldwide lately, especially among banks and
other financial institutions, in order to prevent identity
theft, money laundering, financial fraud and terrorist
activity.
Fx Token holds a zero tolerance fraud policy, and is
taking all measures possible to prevent it. Any fraudulent
activity will be documented and all related accounts to it
will be immediately closed. All funds in these accounts
will be forfeited.
27. ANTI-MONEY LAUNDERING
Fx Token does not tolerate money laundering and supports
the fight against money launderers. Fx Token follows the
guidelines set by the UK’s Joint Money Laundering Steering
Group. The UK is a full member of the Financial Action
Task Force (FATF), the intergovernmental body whose
purpose is to combat money laundering and terrorist
financing.
Money Laundering usually follows three stages:
firstly, cash or cash equivalents are placed into the
financial system secondly, money is transferred or moved
to other accounts (e.g. futures accounts) through a series
of financial transactions designed to obscure the origin
of the money (e.g. executing trades with little or no
financial risk or transferring account balances to other
accounts) And finally, the funds are re-introduced into
the economy so that the funds appear to have come from
legitimate sources (e.g. closing a futures account and
transferring the funds to a bank account).
Trading accounts are one vehicle that can be used to
launder illicit funds or to hide the true owner of the
funds. In particular, a trading account can be used to
execute financial transactions that help obscure the
origins of the funds.
fx-tokens.live directs funds withdrawals back to the
original source of remittance, as a preventative measure.
International Anti-Money Laundering requires financial
services institutions to be aware of potential money
laundering abuses that could occur in a customer account
and implement a compliance program to deter, detect and
report potential suspicious activity.
These guidelines have been implemented to protect Fx Token
and its clients. For questions/comments regarding these
guidelines, please contact us at info@fx-tokens.live.
28. WITHDRAWAL POLICY
To request a partial or complete withdrawal of funds from
your account, click on "Withdrawal request” in your
account.
Please consider that we take up to 5-7 business days to
process your withdrawal request.
Feel free to contact our Customer support specialist if
you have any questions.
According to generally acceptable AML rules and
regulations, withdrawals must be performed only through
the same bank account or credit/debit card that you used
to deposit the funds.
Furthermore, when it comes to withdrawals, Client may be
required to present additional information and
documents.Furthermore, when it comes to withdrawals,
Client may be required to present additional information
and documents.
Corresponding withdrawals will take up to 14 business days
to reach your credit card or bank account.
29. FORBIDDEN ACTIONS:
Violation of company user agreement
- Management of funds on the account by a third party who
is not an holder of a trading account
- Trading on several accounts, transactions hedging on
different accounts, arbitrage
- Providing of forged documents that do not belong to the
present holder of the account
- Trade with the help of third-party robot