This Client Agreement, together with any Schedule(s) and accompanying documents, as amended from time to time, (hereafter the “Agreement”), sets out the terms of the contract between you and us. By signing this agreement, it is assured that you understand and agree with the Terms of this Agreement.
is a brand owned and operated by("The Company") incorporated in the;
- The following describes the terms and conditions upon which the Company offers access to its platforms to you the customer (“you”) and the use of its services (the “Agreement”).
- This Agreement describes the terms, conditions and risks applicable to your use of the Company services available within the trading platforms (the “platforms”). If you have any questions regarding this Agreement please contact Customer Support. You must read, agree with and accept all of the terms and conditions contained in this Agreement without modifications, which include those terms and conditions expressly set forth below and those incorporated by reference, before you may become a customer of the Company.By continuing to access or use the platforms, you agree to follow the terms and conditions of this Agreement as they may apply to you.
- This Agreement is effective upon acceptance in registration for newly registering customers. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access the Company services, and inform us in writing immediately.
- ONLINE SERVICES AGREEMENT
1.1. This Agreement is made by and between the Company and you.
1.2. This Agreement applies to the trading platforms, as well as to the electronic content and or software currently contained on the platforms that supplies the customer with real time information about the exchange rate of: currencies, CFD's, commodities and stocks as well as with the program facilities for executing trading transactions in the foreign exchange market via the web, phone or fax, and any other features, content or services that the Company may add in the future (the “Services”).
- MEMBERSHIP ELIGIBILITY
The Services are available to and may only be used by individuals or companies who can form legally binding contracts under the law applicable to their country of residence. Without limiting the foregoing, our Services are not available to persons under the age of 18 or otherwise under legal age (“Minors”).If you are a Minor, you may not use this service.If you do not qualify, please do not use our platform.For avoidance of doubt, we shall not be responsible for any unauthorized use by Minors of our Services in any way or manner.
Regional restrictions: we can’t offer services for US, Canada and some others residentsin addition, we can't accept any payment method related to these countries.
- GUARANTEES ON BEHALF OF THE CLIENT
3.1. The Client states, confirms and guarantees that any money handed to the Company for any purpose, belong exclusively to the Client and are free of any lien, charge, pledge or any other burden. Further, whatever money is handed over to the Company by the Client is not in any manner whatsoever direct or indirect proceeds of any illegal act or omission or product of any criminal activity.
3.2. The Client acts for himself and not as a representative or a trustee of any third person, unless he has produced, to the satisfaction of the Company, a document and/or powers of attorney enabling him to act as representative and/or trustee of any third person.
3.3. The Client agrees and understands that in the event that the Company has such proofs that are adequate to indicate that certain amounts, as classified in Paragraphs 3.1 and 3.2 of this Section, received by the Client are proceeds from illegal acts or products of any criminal activity and/or belonging to a third party, the Company reserves the right to refund these amounts to the sender, either this being the Client or a beneficial owner. Furthermore, the Client also agrees and understands that the Company may reverse any transactions performed in the Client’s Trading Account and may terminate this agreement. The Company reserves the right to take any legal action against the Client to cover and indemnify itself upon such an event and may claim any damages caused to the Company by the Client as a result of such an event.
3.4. The Client declares that he/she is over eighteen (18) years old, in case of natural person, or that it has full legal capacity, in case of legal person, to enter into this Agreement.
3.5. The Client understands and accepts that all transactions in relation to trade in any of the Financial Instruments, will be performed only through the Trading Platform provided by the Company and the Financial Instruments are not transferable to any other Trading Platform whatsoever
3.6. The Client guarantees the authenticity and validity of any document handed over by the Client to the Company.
- ELECTRONIC TRADING
4.1. The Company grants you a non-exclusive, non-transferable and limited personal license to access and use the website (the "License"). The License is conditional upon continued compliance with the Terms and Conditions of this Agreement. The Client agrees not to resell or permit access of the Site to others, and not to copy any materials appearing on the Site for resale or for any other purpose without the prior written consent of the Company.
4.2. Client’s rights and obligations
4.2.1. Upon accepting and signing this Agreement, the Client is entitled to apply for Access Codes to gain on-line access to the Company’s electronic systems and/or trading platforms, thereby being able to place orders for transactions to either buy any Financial Instrument available from the Company. Further, the Client will be able to trade on the Company’s Trading Platform with and through the Company with the use of a Personal Computer, Smartphone or any other similar device that is connected to the internet. In this respect, the Client understands that the Company can, at its absolute discretion, terminate the Client’s access to the Company’s systems in order to protect both the Company’s and clients&rsquointerests and to ensure the systems&rsquoeffectiveness and efficiency.
4.2.2. The Client agrees that he/she will keep the Access Codes in a safe place chosen in his/her discretion and will not reveal them to any other person. The Client will not proceed and avoid proceeding in any action that could probably allow the irregular or unauthorized access or use of the Trading Platform.
4.2.3. The Client will make every effort possible to keep the Access Codes secret and known only to him and will be liable of any Orders received by the Company through his trading Account under his Access Codes. Further, any Orders received by the Company will be considered as received from the Client. In cases where a third person is assigned as an authorized representative to act on behalf of the Client, the Client will be responsible for all Orders given through and under the representative’s Account Password.
4.2.4. The Client is responsible to monitor his/her Account and to notify the Company immediately if it comes to his/her attention that his/her Access Codes are lost or being used by an unauthorized third party. Also, the Client agrees to immediately notify the Company should he become aware of any failure by the Client to receive a message indicating the reception and/or execution of an Order, the accurate confirmation of an execution, any information for Client’s Account balances, positions or transactions history as well as in case the Client receives confirmation of an Order that he/she did not place.
4.2.5. The Client agrees not to attempt to abuse the Trading Platform in an attempt to make illegal profits or to attempt to profit by taking advantage of the server latency, or applying practices such as price manipulation, lag trading, time manipulation
4.2.6.The Client acknowledges that the Company may choose not to take action based on Orders transmitted to the Company using electronic means other than those Orders transmitted to the Company using the predetermined electronic means such as the Trading Platform, and the Company shall have no liability towards the Client for failing to take action based on such Orders.
4.2.7 The Client agrees to use software programs developed by third parties including but not limited to the generality of those mentioned above, browser software that supports Data Security Protocols compatible with protocols used by the Company. Moreover, the Client agrees to follow the access procedure (Login) of the Company that supports such protocols.
4.2.8. The Client agrees not to use any electronic communication feature of a Service on the website for any purpose that is unlawful, tortuous, abusive, and intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening or hateful.
4.2.9. The Client agrees not to install any unauthorized automatic or semi-automatic trading system that requires no human action to perform. Any such system will be treated by the Company as a back-door Application Performing Interface system and can lead to a closure of the account or to a lifting of the trade. All trades realized through the aforementioned system are considered by the Company as Over-the-Counter trading and leads to the cancellation of trades made.
4.3. Company’s rights and obligations
4.3.1. The Company shall have no liability in the event of an unauthorized access from third persons to information including, but not limited to, electronic addresses and/or personal data, through the exchange of these data between the Client and the Company and/or any other party using the Internet or other network or electronic mean available.
4.3.2. The Company is not responsible for any power cuts or failures that prevent the use of the system and/or the Trading Platform and cannot be responsible for not fulfilling any obligations under this Agreement because of network connection or electricity failures.
4.3.3. The Company shall have no liability for any potential damage the Client may suffer as a result of transmission errors, technical faults, malfunctions, illegal intervention in network equipment, network overloads, viruses, system errors, delays in execution, malicious blocking of access by third parties, internet malfunctions, interruptions or other deficiencies on the part of internet service providers. The Client acknowledges that access to electronic systems / trading platforms may be limited or unavailable due to such system errors, and that the Company reserves its right upon notifying the Client to suspend access to electronic systems / trading platforms for this reason.
4.3.4. The Company has the right, unilaterally and with immediate effect, to suspend or withdraw permanently Client’s ability to use any Electronic Service, or any part thereof, without notice, where the Company consider it necessary or advisable to do so, for example due to Client’s non-compliance with the Applicable Regulations, breach of any provisions of this Agreement, on the occurrence of an Event of Default, network problems, failure of power supply, for maintenance, or to protect the Client when there has been a breach of security. In addition, the use of an Electronic Service may be terminated automatically, upon the termination (for whatever reason) of any license granted to the Company which relates to the Electronic Serviceor this Agreement. The use of an Electronic Service may be terminated immediately if an Electronic Service is withdrawn by any Market or the Company is required to withdraw the facility to comply with Applicable Regulations.
- RISK DISCLOSURE
5.1. You agree to use the platforms at your own risk.Without limiting the foregoing, the Services contained within these platforms 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 financial markets.
5.2. The possibility exists that you could sustain a loss of some or all of your initial investment and therefore you should not invest money that you cannot afford to lose. You should be aware of all the risks associated with Foreign exchange, CFD's, commodities and stocks on-line trading, and seek advice from an independent financial advisor if you have any doubts.
5.3. Trading CFD's and Foreign Exchange can put Client’s capital at risk, especially if used in a speculative manner. CFD's and Foreign Exchange are categorized as high risk complex Financial Instruments and Clients may lose the amount invested. Trading CFDs and Foreign Exchange is not suitable for all investors.
5.4. The investment decisions made by the Clients are subject to various markets, currency, economic, political, business risks etc', and will not necessarily be profitable.
5.5. The Client acknowledges and without any reservation accepts that, notwithstanding any general information which may have been given by the Company, the value of any investment in Financial Instruments may fluctuate either upwards or downwards. The Client acknowledges and without any reservation accepts the existence of a substantial risk of incurring losses and damages as a result of buying or selling any Financial Instrument and acknowledges his willingness to take such risk.
5.6. Set out below is an outline of the major risks and other significant aspects of CFD's and Foreign Exchange trading:
- Trading in CFD's and Foreign Exchange is very speculative and highly risky and is not suitable for all members of the general public but only for those investors who:
- understand and are willing to assume the economic, legal and other risks involved.
- taking into account their personal financial circumstances, financial resources, life style and obligations are financially able to assume the loss of their entire investment.
- have the knowledge to understand CFD's and Foreign Exchange trading and the Underlying assets and Markets.
- The Company will not provide the Client with any advice relating to CFD's or Foreign Exchange, the Underlying Assets and Markets or make investment recommendations including occasions where the Client shall request such advice and/or recommendation. However the Company may provide the Client with information and tools produced by third parties on an “as is &rdquo basis (i.e. the Company does not approve, or endorse, or affect the said information and or tools), which may be indicative of trading trends or trading opportunities. The Client accepts and understands that taking any actions based on the information and/or tools provided by third parties may result in losses and or general reduction of value of the Client’s assets. The Company does not accept liability for any such losses resulting from actions taken by the Client on the basis of information and or tools produced by third parties.
- CFD's and Foreign Exchange are derivative financial instruments deriving their value from the prices of the underlying assets/markets in which they refer to (for example currency, equity indices, stocks, metals, indices futures, forwards etc.).It is important therefore that the Client understands the risks associated with trading in the relevant underlying asset/ market because fluctuations in the price of the underlying asset/ market will affect the profitability of his trade.
- Information of the previous performance of CFD's or Foreign Exchange, the Underlying Assets and Markets does not guarantee its current and/or future performance. The use of historical data does not constitute a binding or safe forecast as to the corresponding future performance of CFD's and Foreign Exchange trading, to which the said information refers.
- Some Financial Instruments trade within wide intraday ranges with volatile price movements. Therefore, the Client must carefully consider that there is a high risk of losses. The price of a Financial Instrument is derived from the price of the Underlying Asset in which the Financial Instruments refers to. Financial Instruments and related Underlying Markets can be highly volatile. The prices of Financial Instruments and the Underlying Asset may fluctuate rapidly and over wide ranges and may reflect unforeseeable events or changes in conditions, none of which can be controlled by the Client or the Company. Under certain market conditions it may be impossible for a Client Order to be executed at declared prices leading to losses. The prices of Financial Instruments and the Underlying Assets will be influenced by, amongst other things, changing supply and demand relationships, governmental, agricultural, commercial and trade programs and policies, national and international political and economic events and the prevailing psychological characteristics of the relevant market place.
- Liquidity risk refers to the capacity to readily monetize assets without suffering a significant discount in their prices. The Client accepts and acknowledges that the Underlying Instruments on some Derivative Products on offer by the Company may be inherently illiquid or sometimes face persistent liquidity strains due to adverse market conditions. Illiquid Underlying Assets may exhibit high levels of volatility in their prices and consequently a higher degree of risk, this typically leads to larger gaps in ASK and BID prices for an Underlying Instrument than would otherwise prevail under liquid market conditions. These large gaps may be reflected on the prices of the Derivative Product the Company offers.
- CFD's and Foreign Exchange offered by the Company are off-exchange transactions (i.e. over-the-counter). The trading conditions are set by us (in line with the trading conditions received by our liquidity providers), subject to any obligations we have to provide best execution, to act reasonably and in accordance with our Client Agreement and with our Best Interest and Order Execution Policy. Each position within CFD and Foreign Exchange instruments that the Client opens through our Trading Platform results in the entering of an Order with the Companysuch Orders can only be closed with the Company and are not transferable to any other person. While some off-exchange markets are highly liquid, transactions in off-exchange or non- transferable derivatives may involve greater risk than investing in on-exchange derivatives because there is no exchange market on which to close out an Open Position. It may be impossible to liquidate an existing position, to assess the value of the position arising from an off-exchange transaction or to assess the exposure to risk. Prices need not be quoted, and, even where they are, they will be established by dealers in these instruments and consequently it may be difficult to establish what a fair price is. The Company is using an Online Trading System for transactions in CFD's and Foreign Exchange which does not fall into the definition of a recognized exchange or Multilateral Trading Facility and so do not have the same protection.
- The Transactions in the Financial Instruments offered by the Company are not currently subject to exchange or clearing house requirements/obligations.
- It is understood that the Client has no rights or obligations in respect to the Underlying Assets/Instruments relating to the CFD's or Foreign Exchange he is trading. There is no delivery of the Underlying Asset.
- Under certain trading conditions it may be difficult or impossible to liquidate a position. This may occur, for example, at times of rapid price movement if the price rises or falls in one trading session to such an extent that under the rules of the relevant exchange trading is suspended or restricted. Placing a Stop Loss will not necessarily limit the Client’s losses to the intended amounts, because market conditions may make it impossible to execute such an Order at the stipulated price. In addition, under certain market conditions the execution of a Stop Loss Order may be worse than its stipulated price and the realized losses can be larger than expected.
- Slippage is the difference between the expected price of a Transaction in a CFD or Foreign Exchange, and the price the Transaction is actually executed at. Slippage often occurs during periods of higher volatility (for example due to news events) making an Order at a specific price impossible to execute and also when large Orders are executed when there may not be enough interest at the desired price level to maintain the expected price of trade.
- FINANCIAL INFORMATION
6.1. FTO Capital 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 (“Financial Information”).
6.2. Financial Information provided on this platform is not intended as investment advice. FTO Capital does not endorse or approve the Financial Information, and we make it available to you only as a service for your own convenience. FTO Capital and its Third Party Providers do not guarantee the accuracy, timeliness, completeness or correct sequencing of the Financial Information, or warrant any results from your use or reliance on the Financial Information.
6.3. Financial Information may quickly become unreliable for various reasons including, for example, changes in market conditions or economic circumstances. Neither FTO Capital nor the Third Party Providers are obligated to update any information or opinions contained in any Financial Information, and we may discontinue offering Financial Information at any time without notice.
6.4. It is your duty to verify the reliability of the information on the platform and its suitability to your needs. We exclude any liability for any claim, loss or damage of any kind allegedly caused by information presented on the platform or referred to by the platform.
7.1. FTO Capital may provide a link to other sites that are controlled or offered by third parties. Such link to a site or sites is not an endorsement, authorization, sponsorship or affiliation with respect to such site, its owners or its providers.
7.2. FTO Capital cautions you to ensure that you understand the risks involved in using such sites before retrieving, using, relying upon or purchasing anything via the Internet.
7.3. Links to these Websites are provided solely for your convenience, and you agree that under no circumstances will you hold FTO Capital liable for any loss or damage caused by use of or reliance on any content, goods or services available on other sites.
- CANCELATION OF TRADES OR SUSPENSION OF ACCOUNT OF TRADING ACTIVITIES
8.1. FTO Capital reserves the right to suspend the operation of this platform or sections thereof under the following circumstances:
1) When, as a result of political, economic, military or monetary events (including unusual market volatility or illiquidity) or any circumstances outside the control, responsibility and power of FTO Capital, the continued operation of this Trading Platform shall not be reasonably practicable without materially and adversely affecting and prejudicing your interests or FTO Capital, or if, in the sole discretion of FTO Capital, a price cannot be calculated for financial betting contractsor
2) When there is a breakdown in the means of communication normally employed in determining the price or value of any of the financial betting contracts or where the price or value of any of the financial betting contracts cannot be promptly or accurately ascertainedor;
3) When FTO Capital has reason to suspect that the Trading Platform was abused by you or that you have used some means in order to affect or manipulate the Trading Platform in general or the price of a specific Contract in particular. FTO Capital can and will terminate and or cancel transaction or reverse those trades that it finds were manipulated or employed fraudulent means. If fraud is suspected, FTO Capital will temporarily suspend the account and freeze all assets and trades and will take up to 90 days to review the trades. If fraud or manipulation is verified the account will be terminated and all assets will be frozen permanently.
8.2. Under such circumstances, other than in the case of abuse or manipulation of the Trading Platform, FTO Capital may at its sole discretion (with or without notice) close out your open financial betting contracts at prices it considers fair and reasonable at such a time and no claims may be entertained against FTO Capital in connection thereto. In case of abuse or manipulation of the Trading Platform, FTO Capital may at its sole discretion take any measures it deems fit and appropriate under the said circumstances.
8.3. You understand that the trading facilities provided by the Trading Platform, may be halted or suspended at any time without a prior notice due to circumstances beyond the control of FTO Capital in such an event, FTO Capital or an authorized party on its behalf may close any open positions and/or trades you may have (by performing a Reverse Transaction) without prior written notice being sent to you, at fair market value reflecting, as closely as possible, the applicable prices of the relevant Contracts. You hereby waive any claims of indemnification / suits / causes of action against FTO Capital in such an event and acknowledge that such waiver is a pre-condition to the validity of this Agreement.
8.4. FTO Capital reserves the right, provided a prior written notice to this effect has been sent to you, to cancel any Transaction that due to a Trading Platform and/or human error, whether under the control of FTO Capital or not, has been executed at a price which at the time of the Transaction was not the indicative and/or accurate price of that said Financial Contract created by the transaction.
8.5. If your account stays inactive for 60 (sixty) consecutive calendar days and has a positive balance, (“Dormant Account”), a charge will apply on each 30 (thirty) days of inactivity, called a dormant account charge. (“Dormant Account Charge”).
A Dormant Account Charge is required to compensate the Company for the costs incurred in maintaining Dormant Accounts. The Company will consider an account to be inactive after a period of 2 months after the last account login.
8.6. The dormant account charge will be deducted until such a time as the account is no longer in credit, or has become active once again. The monthly Dormant Account Charge will be deducted every month your account remains inactive until the balance is 0. Your balance will never be negative. Once the balance is 0, no further charges will apply.
8.7. The first Dormant Account Charge will be settled at the beginning of the 61(sixty one) day after the last account login was recorded. For each 30 days of inactivity a Dormant Account Charge shall be deducted at the beginning of month as per the following:
(i) From the 61(sixty one) day of inactivity onwards a dormant account administration fee of €80 or equivalent in other currency will apply on every 30 (thirty) days of inactivity, including without limitation, for the first 60 (sixty) days of inactivity.
(ii) From the 91(ninety one) day of inactivity onwards a dormant account administration fee of €120 or equivalent in other currency will apply. (iii) From the 181 (one hundred and eighty one) day of inactivity onwards a dormant account administration fee of €200 or equivalent in other currency will apply.
(iv) From the 271 (two hundred and seventy one) day of inactivity onwards a dormant account administration fee of €500 or equivalent in other currency will apply.
8.8. To reactivate your account:
- Log into your account.
- Once you place a trade or a deposit your account will be reactivated.
Note: You can withdraw your balance at any time. If you experience any issues doing so, please do not hesitate to contact us, we will be happy to assist.
The fee will show in your Account History as Dormant Account Charge. You are allowed to place, amend or withdraw your Orders within the operating trading time within a specified valid period. At present the maximum valid period is 30 days, from the date of placing the Order (the “Validity Period”). The Order shall be considered as valid in accordance with your Instructions, taking into account the type of the given Order and shall remain in effect until executed, expired or cancelled upon the expiration of the Validity Period. All pending Orders shall be automatically cancelled upon the expiration of the Validity Period.
- DEPOSITS AND WITHDRAWALS
9.1.1. The Company enables its customers, in accordance with the deposit conditions displayed on the website, to make deposits onto the respective user accounts through various payment systems like credit cards, bank transfer and others. Deposits or Withdrawals in cash are not possible.
9.1.2. All bank transfers are checked and processed manually by our staff. The processing of received bank transfers may take up to 7 business days.
9.1.3. The Company reserves itself the right, dependent on the chosen payment method, to set minimum or maximum amounts for deposits to add further payment options or to limit or stop the acceptance of existing ones.
9.1.4. The Company reserves itself the right, to charge transaction fees, dependent on the chosen payment method.
9.1.5. Charge backs, cancellation fees, returned direct debits and similar costs, that may arise from incorrect deposits will be borne by the customer.
Upon the Company receiving an instruction from the Client to withdraw funds from the Client Account, the Company shall pay the said amount within five (5) Business Days, if the following requirements are met:
- The Client and must be fully verified according to Verification guidelines set forth on the Website.
- The instruction is to make a transfer to the originating account (whether that is a bank account, a payment system account etc.) from which the money was originally deposited in the Trading Account or at the Client’s request to a bank account belonging to the Client;
- The account where the transfer is to be made belongs to the Client;
- At the moment of payment, the Client’s Balance exceeds the amount specified in the withdrawal instruction including all payment charges;
- There is no Force Maure event which prohibiting the Company from effecting the withdrawal.
- LIMITED LIABILITY
We undertake to supply steady Services on the platform. However, we assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the platform or Services. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, hardware, software, failure due to technical problems or traffic congestion on the Internet or on any of the platform or Services.To the maximum extent permitted by applicable law, under no circumstances shall we be responsible for any loss or damage resulting from use of the platform or Services, from any content posted on or through the platform or Services, or from the conduct of any users of the platform or Services, whether online or offline.In so event shall FTO Capital or any of its officers, directors, employees, or agents be liable to you for any damages whatsoever, including without limitation indirect, incidental, special, prunitive, or consequential damages, arising out of or in connection with your use of the platform or services, including but not limited to the quality, accuracy, or utility of the information provided as part of or through the platform of for any investment decisions made on the basis of such information whether the damages are foreseeable and whether or not FTO Capital has been advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extend permitted by law in the applicable jurisdiction to you exceed the amount of money you transferred or deposited in your account on the platform in relation to the transaction giving rise to such liability.
- AML PROCEDURES
No person shall abuse this platform for the purpose of money laundering.FTO Capital employs best-practice anti-money laundering (AML) procedures. FTO Capital reserves the right to refuse to do business with, to discontinue to do business with, and to reverse the transactions of, customers who do not accept or conform to the following AML requirements and policies:
- Live traders must provide all requested information upon registration.
- Winnings will only be paid to the individual who initially registered to open a live account.
- When a customer maintains an account by means of telegraphic deposits, winnings will only be distributed to the holder of the originating bank account. When making deposits in this manner, it is the responsibility of the live trader to ensure that the trader’s account number and registered name of the account owner accompany all transfers to FTO Capital.
- When a customer funds an account by means of credit/debit card deposits, winnings will only be distributed to the individual whose name appears on the card used to make the deposit and only be paid back to the same card
- Only one account is allowed per person. No winnings may be collected on accounts opened in false names or on multiple accounts opened by the same person.
- FTO Capital may, from time to time, at its sole discretion, require a customer to provide additional proof of identity such as notarized copy of passport or other means of identity verification as it deems required under the circumstances and may at its sole discretion suspend an account until such proof has been provided to its satisfaction.
- INTELLECTUAL PROPERTY
All content, trademarks, services marks, trade names, logos and icons are the property of FTO Capital or its affiliates or agents and are protected by copyright laws and international treaties and provisions. 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 platform.You will not obtain any intellectual property rights in, or any right or license to use such materials or the platform, other than as set out in this Agreement. Images displayed on the platform are either the property of FTO Capital or used with permission. You agree not to upload, post, reproduce or distribute any information, software or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights and the prior written consent of FTO Capital.
You agree to defend and indemnify FTO Capital 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 platform or Services(ii) your violation of any of the terms of this Agreementor (iii) your breach of any applicable laws or regulations.
- Term and Termination
The Client has the right to terminate the Agreement by giving the Company at least thirty (30) days written notice, specifying the date of termination in such, on the condition that in the case of such termination, all Client's Open Positions shall be closed by the date of termination. The Company may terminate the Agreement by giving the Client a five (5) days written notice, specifying the date of termination therein. The Company may terminate the Agreement immediately without giving any notice in the following cases:
(i) Death of the Client;
(ii) in case of a decision of bankruptcy or winding up of the Client is taken through a meeting or through the submission of an application for the aforementioned;
(iii) termination is required by any competent regulatory authority or body;
(iv) the Client violates any provision of the Agreement and in the Company’s opinion the Agreement cannot be implemented;
(v) the Client violates any law or regulation to which he/she is subject, including but not limited to, laws and regulations relating to exchange control and registration requirements;
(vi) the Client involves the Company directly or indirectly in any type of fraud;
(vii) an Event of Default as defined in Section 14 of this Agreement occurs.
The termination of the Agreement shall not in any case affect the rights which have arisen, existing commitments or any contractual provision which was intended to remain in force after the termination and in the case of termination, the Client shall pay:
(i) Any pending fee of the Company and any other amount payable to the Company;
(ii) any charge and additional expenses incurred or to be incurred by the Company as a result of the termination of the Agreement;
(iii) any damages which arose during the arrangement or settlement of pending obligations.
In case of breach by the Client, the Company reserves the right to reverse all previous transactions which place the Company’s interests and/or all or any its clients&rsquo interests at risk before terminating the Agreement.
This Agreement shall be governed by and interpreted in accordance with the laws of Belize excluding that body of law pertaining to conflict of laws. Any legal action or proceeding arising under this Agreement will be brought exclusively in courts located in Belize, and the parties hereby irrevocably consent to the personal jurisdiction and venue therein. FTO Capital will not be liable in any way to any persons in the event of force majeure, or for the act of any government or legal authority.In the event that any provision in this Agreement is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.The failure of a party to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision.FTO Capital may assign this Agreement or any rights and/or obligations hereunder without your consent.Trader must be at age 18 and above in order to trade. FTO Capital may amend the terms of this Agreement from time to time by posting the amended terms on the platform. You are responsible for checking whether the Agreement was amended. Any amendment shall come into force as of the day it was published on the platform. If you do not agree to be bound by the changes to the terms and conditions of this Agreement, do not use or access our Services, and inform us in writing immediately.
- ELECTRONIC COMMUNICATION
By registering with FTO Capital you agree to our terms and conditions for electronic communication, including email. You agree to accept (opt-in) to accept electronic communication from FTO Capital and our affiliates and third-parties communicating on behalf of FTO Capital. FTO Capital does not sell, or share your information. Affiliates or Third parties will only be provided your email address and only to contact you for FTO Capital and FTO Capital will approve and control this communication. You may opt-out at any time by sending an email to your contact person asking to be removed from future mail that will be present on all email communications. If you opt out, FTO Capital will have no way to contact you, as all of our communications are electronic. FTO Capital assured you will not be sent emails that are not important, newsworthy, or pertain to your account. If you have any questions please contact your Account Manager for clarification.
- BONUS POLICY
FTO Capital offers a number of attractive reward features to its new and regular customers. Bonuses and one time trading credits rewarded to customers are part of FTO Capital's promotions program. These bonuses are limited time offers and the terms and conditions associated with any bonus rewards are subject to change without prior notice by FTO Capital at its own discretion.
- All bonuses are final and at the sole discretion of the Company
- The bonus is added to the account balance and may be used immediately to place trades on the platform.
- If a bonus is accepted, in order for the Customer to be eligible to withdraw the bonus, it is required to execute a minimum trading volume of $10,000 for every dollar awarded by the Company to the Account (e.g. if Customer who receives $100 Award will need to have a minimum trading volume of $1,000,000).
- Once a client accepts a bonus or award, they agree to keep their account active for a minimum of 90 additional days and to reach the volume level as specified above.
- If a customer receives multiple bonus credits, the volume requirement is calculated one bonus credit at a time, from the earliest to the most recent bonus issued to the account. It is calculated based on the turnover at the time the bonus was issued.
- In the case that the total or partial amount of the deposit for which the bonus was granted is withdrawn before the trading volume, as per point 2 above, is reached, the following conditions apply:
- The bonus shall be canceled
- In the case of trading losses, all losses will be borne by the original deposit first and the remaining balance may be withdrawn.
- In the case of trading profits, the trading profits are to be canceled and the original deposit may be withdrawn.
- Any indication of fraud, manipulation, cash-back arbitrage, or other forms of deceitful or fraudulent activity based on the provision of the bonus will nullify the account and any and all profits or losses garnered.
- The Company reserves its right to revoke or change its Bonus Policy at any time as this will be displayed in the Company’s website.
- The Company may update this Bonus Policy from time to time. In the event that the Company materially changes this Policy the revised Bonus Policy will be uploaded in the Company’s website. In this respect, Clients hereby agree to accept posting of a revised Bonus Policy electronically on the website as the actual notice of the Company to its Clients. Any dispute over the Company’s Bonus Policy is subject to this notice and the Client Agreement. The Company encourages its clients to periodically review this Bonus Policy.
- The Company will make every effort to award the bonus within 24 hours of the deposit, if the deposit takes place on a banking day, however, the Company will not be held responsible or accountable for a delay in the award of a promotion or bonus.