Terms and conditions

FX-DEALER (hereinafter referred to as “Company” or “we”), registered in accordance with the legislation of the Republic of Vanuatu, offers the clients a trading platform available via the www.fx-dealer.com website and other subdomains for trading in Forex and CFDs on the securities market.

When using the Company’s trading services, this license agreement (hereinafter – the “Agreement”) is applied to the extent, dictated by the circumstances. In addition to this Agreement and the Privacy Policy, you have to familiarize yourself with, use of the Company’s trading services is regulated by the additional rules set forth in the “Bonus Policy” and “Deposit and Withdrawal Policy” sections (in conjunction with the “Additional Rules” section). The content of these sections may be updated from time to time.

Introduction

1.1 By registering on the Company’s website or using the Company’s trading services, you agree to fully and unconditionally accept the obligations under this Agreement. As such, this Agreement constitutes a binding legal document between you and the Company and together with the Additional Rules, which are considered to be an integral part of this Agreement, shall govern your use of the Company’s trading services.

1.2. By registering on the Company’s website, you represent and warrant that:

a) all the information, you are representing, is true and accurate,
b) you will update the information on time,
c) you are Legally of Age (the definition of the term is given below), or your legal representatives (parents or guardians) have the permission to enter into this Agreement, or otherwise have the right to enter into legally binding contracts,
d) using the Company’s trading services does not violate any applicable laws or regulations, as well as obligations that you may have to third parties.

1.3. All the operations between you and the Company are made in the UK, where the main servers of the Company are located.

1.4. The Company’s software (the “Software”) allows you to use our trading services (the “Services”). The Company reserves the right to suspend, change, delete or add the website or Website Content (definition of terms is given below), the Company’s platform or Services in its sole discretion with an immediate effect and without prior notification. The Company has no liability 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 Company’s Services by means of another person’s account. In case of an attempt to open more than one account under your own name or under any other name, or to use the Company’s Services by means of any other person’s account, the Company has the right to terminate all your accounts immediately, retain the funds, and bar you from future use of the Services.

Acceptance of Terms and Conditions
2.1. If you do not agree with any of the provisions of this Agreement, you should immediately stop using the Software and remove it from your computer.

2.2. The Company reserves the right to change, modify and update any of the terms and conditions of this Agreement (including each of the Additional Rules). If necessary, the Company may inform you of any changes or modifications by publishing new versions of this Agreement on the relevant page of the Company’s website. All the modified versions of this Agreement shall enter into force 10 days after their publication on the Company’s website. Using the Services or the Software after 10 days will be considered as the acceptance of 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.

Compliance with Laws

3.1. The proposal of Forex and CFD on various basic financial and other assets may be illegal in the legal space of some countries. You understand and accept that the Company is not able to provide you with any legal advice or assurances regarding your use of the Services. The Company does not make any statements about the legality of the Services in the legal space of the country of your residence. Please verify the relevant laws before registering with the Company and using the Services.

3.2. The Services are intended only for users who are not prohibited by the law of any applicable jurisdiction from trading on the Internet. The Company does not intend to enable you to contravene applicable law. You represent, warrant and agree that you will use the Software and Services in compliance with all laws, charters and regulations. The Company shall not be responsible for any illegal or unauthorized use of the Software and/or the Services by you. Please, consult with a lawyer within the relevant legal system if you have any doubts regarding the legality of the use of the Software and Services in accordance with the laws of the country of your residence. By accepting these terms, you agree to assist the Company to the extent you are able with its compliance with applicable laws and regulations.

Permitted Participation

4.1. Anyone under the age of 18 years or majority age (“Legally of Age”) in no event shall not use the Services. Any person not Legally of Age who uses the Software will be in breach of the terms of this Agreement. The Company reserves the right to request proof of the age at any stage to ensure that persons not Legally of Age are not using the Company’s Services. The Company has the right to cancel a person’s account and exclude a person from using the Services if the proof of age is not provided, or if the Company suspects that a person using the Software or the Services is not Legally of Age.

4.2. The Company reserves the right to verify your registration information, such as name, address, age and used payment methods by requesting the relevant documents at any time. These documents usually include: an identity card (passport or driver’s license), confirmation of residence address (for example, utility bills) and your payment. If necessary, we may request copies of the documents to be notarized, which means that the documents must contain the seal and the signature of the notary. If the required documents are not provided at the Company’s request, the Company may, at its sole discretion, terminate the account and withhold any funds that are present therein. If 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. Such an investigation will depend on a particular case, but may include (among other things) verifying the user’s registration details, such as name, address and age, checking financial operations and 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.

Information technologies/ Intellectual property

5.1. The Company grants you a non-exclusive, non-transferable, non-sublicense right to use the Software and all the content, received as a result of using the Software, including but not limited to copyrights and other intellectual property rights related to the Services, in accordance with this Agreement. The Software Code, structure and organization are protected by intellectual property rights.

You shall not:

5.1.1. copy, distribute, publish, reconstruct, decompose, disassemble, modify, translate or undertake attempts to access the source code in order to reproduce or otherwise modify it.

5.1.2. sell, transfer, move, distribute or lease the Software.

5.1.3. provide the third parties with the Software by means of a computer network or otherwise.

5.1.4. export the Software to any country (physically or electronically), or

5.1.5. use the Software in a way prohibited by current legislation or regulations (collectively referred to as “Prohibited Activities”).

5.2. You should take full responsibility for any loss, damage or expense resulting from or connected with the Prohibited Activities. You should immediately notify the Company about any Prohibited Activities and provide assistance on any investigations that may be conducted by the Company, meaning the information provided by you with this respect.

5.3. Trademarks associated with the Company’s trading platform and any other trademarks, service marks and brand names used by the Company on its own behalf and together with its partners (“Trademarks”) are the Trademarks, service marks and brand names of the Company, one of a group of companies, its licensors or partners. These entities retain all rights to such Trademarks.

5.4. In addition to Trademark rights, the Company (or one of a group of companies, licensors or partners) has the rights to all other materials, including but not limited to the Software, images, graphics, photographs, animation, video, music, audio and text available through the Software or on the Internet (the “Website Content”). The Website Content is protected by copyright and is the subject of the Company’s intellectual property.

5.5. You agree not to remove copyright notices and other marks indicating the protection of intellectual property rights from the materials that you print or download from the Company’s website.

5.6. You hereby acknowledge that using the Services or the Software does not grand you any rights to the Trademarks or the Website Content, and you should use them only in full compliance with this Agreement.

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 limiting the foregoing, if you use a credit/debit card or any other form of payment which is not registered in your private and personal name, we will presume that you have received complete and sufficient consent from the rightful owner and/or the person, whose name is used on such payment instruments to use such payment instrument for the mentioned purposes, prior to your interaction with us. We shall not be obligated in any manner to examine such consent and shall bear no responsibility with respect to your representations. You should 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 funds further with the credit card previously used by you. If any of the information that you provide to us turns out to 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/or 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 right to bind that entity to this Agreement.

6.6. Your accounts in the Company are intended only for your benefit. You shall not allow any third party (including relatives) to use your account, password or other identification to access the Services or the Software, and you shall be responsible for any actions undertaken from your account by a third party. You shall not reveal your username or password to any person or business entity, and you shall take all measures keep that information confidential. You shall immediately inform us if you suspect that your account is being misused by a third party or that any third party has access to your username or password, so we could investigate that matter.

6.7. You are responsible for security of your username and password on your computer or Internet access location. It is your responsibility, if this combination (username and password) has been “hacked” from your computer due to any viruses and malware present on the computer you access your account with. You shall immediately inform the Company about any possible hacking attempts or security breaches.

6.8. You have verified and determined that your use of Services does not violate any laws or regulations of any jurisdiction, which applies to you.

6.9. You completely understand the methods, rules and procedures of the Services provision, trading in Forex. Moreover, you have enough experience and knowledge in financial matters to be able to estimate benefits and risks of trading in Forex and CFD, and playing trade games through that website and you do so without relying on the information presented on this website.

6.10. You will not commit any actions or demonstrate any behavior that may damage the Company’s reputation.

6.11. You are fully aware that there is a risk of losing money when trading in binary options and acquiring financial contracts by means of the Services and you are fully responsible for any such loss. You agree that your use of the Services is at your sole option, discretion and risk. In relation to your losses you shall have no claims whatsoever against the Company or any of its partners or their respective directors, officers or employees.

6.12. You acknowledge that you shall provide definite personal information (including detailed information about methods of payment) for registration and usage of the Services. We shall handle the provided information diligently and won’t disclose it to any third parties, except the cases included in the Privacy Policy. We urge you to read the Privacy Policy to ensure that you agree with our information handling policy.

6.13. You shall use the Company’s website (“Website”), the Services and Software in a complete correspondence to the terms of the Agreement and Additional Regulations, in accordance with the amendments done from time to time, and you shall abide by all of the rules and instructions for playing the trade games that comprise the Services.

6.14. You are solely responsible for recording, paying and accounting to any relevant governmental, taxation or other authority for any tax or other levy that may be payable on any winnings paid to you, since the Company does not collect any taxes on the behalf of any authority in any form or manner. Notwithstanding the foregoing and without derogating from your sole and entire responsibility to perform tax payments, you agree that the Company may deduct tax, as may be required by the applicable law, but is not obligated to do so, from the results of the activity with the Company. You are aware that the amount of money you can withdraw from your account is the “gross amount” from which the Company may deduct such taxes, and that you shall have no claims about such deductions against the Company.

6.15. You are completely responsible for any telecommunication networks and Internet access Services, and other consents and permissions required with regard to your use of the Software and the Services. You shall be responsible for the access and Service fees necessary for Website connection and assume all charges needed for accessing such systems. You further assume all risks associated with the use and storage of information on your personal computer or any other computer you access the Website and the Services with.

6.16. You have foreseen and ensured appropriate secured access to your computer by computer viruses or other similar malware, devices, information or data.

6.17. You will not expose the Company or any of the Company’s online Service providers either directly or indirectly to any computer virus or other similarly harmful or inappropriate materials or devices.

6.18. You agree to use the information received from the Company’s information systems only for operations inside the Company and within the Website.

6.19. You shall not to use any electronic communication features on the Website for any purpose, which is illegal, humiliating, abusive, harassing, embarrassing, obscene, threatening or which may cause the breach the privacy.

6.20. You shall use the Services and the Software only in good faith with regard to both the Company and other users of the Services. If the Company deems that you have been using the Services or the Software in bad faith, it shall have the right to terminate your Service account and any other accounts you may have in the Company, and it shall be entitled to retain from them all the money. You hereby waive any future claims against the Company in this regard.

Prohibited Use of the Website and the Services; Indemnification

7.1. Illegal funds and unlawful activity:

You declare that the source of funds used by you on the Website is legal and you will not use the Services for money transfer. You will not use the Services for any unlawful or fraudulent activity or prohibited transaction (including money laundering) under any applicable jurisdiction (in particular, the laws of the Republic of Cyprus). If the Company suspects your involvement in fraudulent, abusive, unlawful or improper activity, including money laundering as well as involvement in transactions out of market rates or any other violations of this Agreement, your access to the Services may be terminated immediately and/or your account may be blocked. If your account is terminated or blocked due to such circumstances, the Company is not obliged to refund to you any funds from your account. In addition to termination of your access to the Services and blocking your account, the Company reserves the right to cut off your access to any of the Company’s other Websites or servers, or 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 (together referred to as “interested third parties”) about your identity and your suspected unlawful, fraudulent or improper acts, and you will be obliged to cooperate with the Company to investigate any such activity.

7.2. Prevention of money laundering: Preventing money laundering is a top priority for regulatory authorities all over the world. Money laundering enables movement of illegal funds and makes them potentially available for terrorist activity. At fx-dealer.com we are fully committed to preventing money laundering by taking the following actions:

Client identification and authentication.
Suspicious deals identification, monitoring and reports.
Long-term trading records keeping.
Financial transactions recognition and prevention training.
fx-dealer.com reserves the right to collect and request from the clients additional forms of identification prior to opening an account. The Company may refuse in opening an account if it believes that provided information is unreliable.

7.3. We have developed and use a new technology intended to seek out and identify clients who use the Services or Software with abuse of law. You shall not attempt to hack the Company’s Website to access its data or in any way avoid its security measures. If the Company believes that you are violating this clause, it may terminate your access to the Services immediately and/or block your account. In such cases, the Company may inform interested third parties about your violation.

7.4. You agree that you will not use your access to the Website or its content, Services or Company’s trading platform for the following purposes:

To disrupt (attempting to hinder) any web page operation available on the Website, servers, or networks connected to the Website or the content delivery systems of the Company’s providers; or violate any requirements, procedures, policies, or regulations of the Website;
To access, or perform search, or meta-search on the Website or content using any search engine, software, tool, agent, device, or mechanism other than software and/or search agents provided by the Company or other available third-party web browsers, including any software that sends queries to the Website to see how a Website or a web-page are ranked;
To use, launch, or permit to use any automated systems, including “robots”, “crawlers” or “spiders’.

7.5. You agree to indemnify the Company and its officers, directors, employees, and agents and to hold them harmless from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorney’s fees or any costs connected with

(I) your access to or use of the Website, the Company’s platform, or its Services;

(II) your violation of this Agreement;

(III) any improper or illegal use of your account.

Your Account

8.1. You shall ensure that only you have 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. All transactions where your user name and password have been entered correctly, where your credit cards were used, will be regarded as valid, whether or not authorized by you.

8.3. Money held in your account shall not attract any interest.

8.4. If no deals (trading/withdrawal/deposits) were made via your account within one year, the Company will consider it as a dormant one. The Company will levy a monthly administration fee at a rate of USD 25 of the free balance in the account, or may charge the full amount of money from the account if its free balance is less than USD 25. If the free balance is zero no charge is applied. Such accounts will be terminated.

8.5. The Company may, at any time, set off any positive balances in your account against any amount owed by you to it.

8.6. The Company reserves its right to limit or refuse any trade or other wager made by you or through your account.

Payment Transactions and Payment Fraud

9.1. Acquisition of a financial contract is completed when it meets the client’s requirements, the price (or the spread) is calculated and the payment is made. You agree to be fully and personally liable for the due settlement of every transaction done with your account registered in the Company.

9.2. Each user of the Service is fully responsible for paying the Company all the money owed to it. You agree that you will not make or attempt to make any charge-backs, and/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 the users together with third party credit agencies, based on the information provided to us during the registration.

9.4. We reserve the right to use third party electronic payment processors and/or financial institutions to process payments made by and to you regarding 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 payments, as 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 the user’s account, terminate the account, seize the funds within the 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 other unlawful activity, take legal action against such 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 to your account should be made from one payment source, such as credit card, debit card, or payment card, on which your name is specified as the name of the account holder.

9.7. Forex and CFD payments are determined by the Company on an occasional basis with the reference to the price for the current day specified on the Website, and the relevant inter-bank trading data received by the Company for all Forex and CFDs, providing that the Company shall have the right to make adjustments to such data in case of miscalculation or incorrect printing data.

Your Сommunications

10.1. Unless otherwise specified for a particular Service, any message or material of any kind that you send by e-mail or otherwise via the Services, including information, data, questions, comments or suggestions will be treated as insignificant and non-confidential.

10.2. By accepting this Agreement, you grant the Company a license to use your communications in any appropriate way both on the Website and elsewhere without any obligation or liability to you. The Company is free to use any ideas, concepts, know-how, techniques or information contained in your messages for any purpose, including, inter alia, developed and marketing products.

10.3. The Company has the right to view or store your communication of information history. The Company can track your communication of information to assess the quality of Services provided by the Company employees, compliance with this Agreement and the Website security or other Company objectives.

10.4. You agree that such tracking does not entitle you to file any claims to the Company or other rights as to how the Company tracks your communication of information. The Company shall under no circumstances be liable for any costs, losses, expenses or any other liabilities, incurred by you as a result of Company’s tracking.

Bonuses

11.1. All promotions, bonuses and special offers depending on specific conditions, as well as any free bonuses credited to your account shall be used in strict compliance with the terms of the promotions. The Company reserves the right to withdraw any promotions, bonuses or special offers at any time.

11.2. In the event that the Company believes you are abusing or attempting to abuse a bonus or other promotion, or are likely to benefit through abuse or lack of good faith, then the Company may, at its sole discretion, deny, withhold or withdraw from you any bonus or promotion, or rescind any policy with respect to you, either temporarily or permanently, or block user access to Services and block user account.

11.3. In the event that the Company believes you are unfairly profiting from the Company’s bonuses or have committed any other unfair act in relation to the bonuses offered on the Website, the Company reserves the right to terminate and/or block your account without being under any obligation to pay you any funds held in your account, except for the initial amount of the deposit.

11.4. For more information about the Company’s policy regarding bonuses, please refer to our “Bonus Policy”.

The Company’s Obligations

12.1. The Company is not obliged to verify whether the user uses the Services in accordance with this Agreement or the Additional Rules, including their updates.

12.2. Under no circumstances shall the Company be obligated to investigate or pursue any complaints made by the user against any other user using the Services or to take any other action in connection therewith, or take any action against the 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 negligence, 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 Company shall implement, to the best of its ability, all of your trade orders, maintain their registry and performance records, and provide you with the necessary statements on request.

12.6. The Company provides the following online reports:

I) “Open Positions”: a report on open deals in the account,
II) “Account Statement”: account balance and current account statement.

12.7. The Company decides, at its own discretion, what options to offer for trade on the Website and what prices for Forex and CFD are applied to each Forex and CFD after a successful deal.

Information on Responsibility

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 the user.

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. The Company reserves the right to void all operations in question and take any other action to correct such errors except 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 Website.

13.5. Without limiting the foregoing, the Company shall not be liable for the inability to comply with the orders and requirements arising from errors in the information systems due to technical failures that are beyond its control.

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 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 or otherwise, for any loss or damage whatsoever arising from or in any way connected with your use, of any link contained on the Website. The Company shall not be liable for the content contained on any Internet page linked to the Company Website 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 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 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 Website or its contents or any error or omission in content or any other factors beyond our control, the Company shall not be liable for.

14.6.1. The Company shall not be liable for any loss, including lost profits that may arise from the fact that the user has used the Services.

14.6.2. If Forex or CFD is purchased or sold at price that do not reflect its market price, or at a very low level of risk (“undervaluation”), due to undetected Software errors, defects or failures of the Website or any other reason of undervaluation, the Company reserves the right to cancel such transactions by notifying you of the nature of the computer error that led to this undervaluation. You have a duty to report to the Company any problem, error or suspected system inadequacies that you may experience.

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 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 of:

15.1.1. any breach of this Agreement;

15.1.2. violation of any law or the rights of any third party;

15.1.3. use of the Services or Software by you or 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 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 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.

Risk Disclosure Statement

16.1. The financial services on the site are only suitable for Clients who are able to lose all money they invest, and who understand the risks and have experience in managing the risks associated with Forex and CFD trading.

16.2. The maximum loss that may be incurred by any Client is the amount of money paid by him/her to the Company, including rolling fees for one day of trade deals.

16.3. Subject to market conditions, “Stop Loss Orders” shall be executed either at the exact exchange rate selected by the Client, in which the amount will be calculated automatically, or at the exact amount of loss selected by the Client, in which the exchange rate will be calculated accordingly. A deal of that nature shall be executed as soon as the distinctive (“indicative”) exchange rate is found on the financial information systems, which, including our spread, is either identical to the order given by the Client, or indicates an identical amount of loss declared by the Client.

16.4. The calculation of the payments received for Forex or CFD on the Website at the time of the Forex or CFD trade will be based on the best evaluation of the Company’s market prices and expected interest rates, implied volatility and other market conditions during the Forex and CFD lifetime, as well as complex arithmetic calculations. The calculations will include the spread in favor of the Company.

Market Information

17.1. Through one or more of its Services, the Company can offer you a wide range of financial information that is generated internally from agents, suppliers or partners (“Third Party”). This includes, but is not limited to financial market data, quotes and news, analyst opinions and research reports, graphs and data (“Market Information”).

17.2. The Market Information provided on this Website is not intended to be investment advice. We do 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 the Third Party Providers do not warrant the accuracy, timeliness, completeness or correct sequencing of the Market Information as well as do not guarantee any results of its use or confidence in this 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 give “external links”, distribute or promote the redistribution of market information, and will not provide access to Market Information for those, who are not authorized by the Company to receive it.

Disputes

18.1. You understand and agree that (without prejudice to any other rights and remedies) the Company’s records are the ultimate authority in determining the terms of your use of the Services and you should not have the right to challenge the Company’s decisions.

18.2. Any claim or dispute should be sent to the Client Support Department ([email protected]) and handled within 7 (seven) business days from the original deal.

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 work of the Site or any of its part. In such a case, the Company may, in its sole discretion (with or without notice), close the existed financial Clients contracts at the prices it considers fair and reasonable at such times, and the Company may not be charged with any claims in this regard.

19.3. We may terminate this Agreement and close your account (including your username and password) immediately without prior 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

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 close your account (including your username and password) at any time by sending an email to us at [email protected] Such termination to take effect upon the Company terminating your trade account (including username and password), which shall occur within 7-10 calendar days after receipt by the Company of your email on our servers in United Kingdom, 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. If there are funds left on your account, your remainder will be returned within 7-10 working days after receiving the request. Please note if there is a bonus on the account, the bonus terms will be applied. Please, read the rules and conditions of our Bonus Policy carefully.

19.5. On termination of this Agreement you shall:

19.5.1. discontinue the use of the Software and the Services;

19.5.2. pay all amounts due and owing to the Company;

19.5.3. remove Software from your computer and permanently destroy all related documentation in your possession, custody, power or control.

19.6. 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.

19.7. Upon the termination of this Agreement for any reason, except as otherwise provided in this Agreement and subject to any rights or obligations which have accrued prior to termination, neither party shall have any further obligation to the other under this Agreement.

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. In addition, you will not be able to open an account in the Company again without our permission.

Client 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.

20.2. The Company will not tolerate any abusive behaviour exhibited by users of the Service to the Company’s employees. In the event that the Company, in its sole discretion, deems that your behaviour, 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 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 and 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.

Exchange Rates

All currency conversions executed by the Company for the purposes of allowing you to deposit and withdraw 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.

Telephone Conversation Recording

To ensure the quality of Service, the Company, in its discretion, records telephone calls made from and to its offices. You hereby agree that telephone calls to you or made by you in order to contact the Company may be recorded.

Governing Law

This Agreement and the relationship between the parties shall be governed by, and interpreted in accordance with, the laws of the Republic of Vanuatu and you irrevocably submit, for the benefit of the Company, to the exclusive jurisdiction of the courts of the Republic of Vanuatu 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.

Language Discrepancies

This Agreement has been drafted in the Russian language. In the event of any discrepancy between the meanings of any translated versions of this Agreement and the Russian language version, the meaning of the Russian language version shall prevail.

General Provisions

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 avoidance of doubt on any amounts standing to the credit of your account.

Contact Information

Mail: [email protected]

The settlement agent of www.fx-dealer.com is Leon Invest Company, a limited liability company, registered in accordance with the legislation of the Russian Federation, having the registration number 1167746260274, located at Verkhnaya Krasnoselskaya St., Moscow city, 107140.