The following describes the conditions which applies to the services available on the domain of finarix.com (henceforth “The Site”). For any queries, use the Live Customer Support Button located at the bottom right of the page.
Alternatively, the Client can send Finarix an email on [email protected] This site is available to anyone with internet access around the world. Finarix Inc. (“Finarix”, “the Company”) reserves the right to change these Terms and Conditions at any time. Any change in these Terms and Conditions will be effectuated by posting a new or a modified version of the Terms and Conditions on finarix’s site.
The company reserves the right to make any change to the site’s content and/or the trading platform, including any part of it, regarding trading products and/or features, and/or the software that are in use for the site or the platform.
This agreement is equally applicable to both the Site and trading platform, and to the electronic content and/or software which are currently obtainable on the Site that provides the Client with realtime information on exchange rates of currencies, and the program transaction services relating to financial market trading via internet, telephone or fax, and any other features, content or services that Finarix may add later (the “Services”).
Please note that the Services are available and reserved only for individuals or businesses that can establish a legally binding contract under the laws applicable in their country of residence.
Finarix’s Services are also not available to people aged under 18 or anyone who have not attained the legal age (“Minors”). Minors cannot use this service. PLEASE DISCONTINUE USING THIS SITE IF THE LEGAL AGE REQUIREMENT IS NOT MET.
Likewise, Finarix is not to be held responsible for this site’s unauthorized use by minors in any manner or another. Customers are also informed that they are solely responsible for any decisions they undertake in relation to trading. Stressing further on the above outlined provision, Finarix disclaims any responsibility for auditing and/or checking the Client’s level of knowledge and/or experience in trading, and any liability for damages and/or loss suffered as a direct result and/or indirectly from his/her use of the Site. It is the same for any transaction and/or use of the Services. Without limiting the above mentioned provisions, Finarix’s Services are not available in areas where their use is illegal and Finarix reserves the right to refuse and/or cancel access to its Services to anyone at its sole convenience. When the Client open an account with Finarix, he/she also declare that he/she did it willingly, without the solicitation of Finarix.
Finarix strictly forbids any person to misuse its trading platform, clients and nonclients alike, as well as having recourse to any third parties intermediate, which includes any person, any devices or arrangements or any other means, to commit any fraudulent activities. This prohibition is also applicable in terms of law infringement, interfering with affiliates or producing unsubstantial information in regards to the Finarix website. The company furthermore will not accept any case where features of the website are being abused of(Forex Scalping). The Company and/or Affiliates shall have its own basis of gauging fraudulent activities at its sole discretion.
For any new registrations, clients will have to provide the company with some specific identification information. Clients are hereby warned that their account details are under their responsibility and that the company will not be accountable if ever a client’s account undergo any damage caused by reason of any act or omission resulting in improper or illegal use of their account. During the registration process, clients need to provide accurate and complete information about themselves. There should be no attempt in impersonating another person or entity, and/or any attempt to hide their identity for any reason whatsoever. Clients registering as a commercial entity, should be able to declare the required authority to bind that entity to this Agreement. Note that Finarix carefully treats the information provided by clients and maintains effective and transparent procedures for reasonable prompt complaint handling for existing and potential retail clients. Finarix likewise keep records of complaints and measures taken for complaint resolution. The purpose of this procedure is to ensure fair and consistent dealing with client complaints whilst striving to provide the highest level of customer service.
Laws in regards to financial contracts differ worldwide and therefore it is the Client’s responsibility to ensure that he/she complies with any existing laws, regulations or guidelines in his/her country of residence when it comes to using Finarix’s platform for trading purposes. The agreement between the company and its customers are governed by and construed in accordance with the laws of Marshall Islands. The flexibility of accessing this site does not necessarily guarantee that it meets the laws, regulations or directives relevant to the Client’s country of residence. Likewise, by accessing this site and when funding his/her trading account, the Client hereby declares the money does not come from drug trafficking, kidnapping or any other illegal or criminal activity.
Finarix grants the Client a limited nonexclusive, non transferable license to access and use the Site (henceforth “the License”) and this License wholly depends on his/her compliance with the terms of this Agreement. By signing this agreement, the Client hereby agrees not to resell or make the Site available to any other person, and he/she refrain from copying, selling any documents/materials existing on the site, without prior consultation and written consent from Finarix. To avoid any doubt, the Client will be liable and bound by any unauthorized use of the Site, in violation of this section. The Client agrees to use all the information received from the information systems of Finarix for the sole purpose of performing transactions in the limits of the Site only. In terms of the communication mediums put at his/her disposal on the site, the Client agrees not to use any of these electronic communication features for any illegal, abusive, intrusive, obscene, threatening or hateful purpose, as well as harassment and vilification in the privacy of others. The license granted hereunder shall terminate if Finarix considers that any information provided by him/her, including his/her email, is no longer current or accurate, or if he/she fails to comply with any terms or conditions of this agreement and all rules and guidelines for each service. It will be the same if Finarix determines that the Client has misused the Finarix trading platform (including, without limitation, the conclusion of a transaction outside the market rates). In the event of violation of this provision, the Client agrees to cease accessing the Services. Finarix, can accordingly, at its own discretion and with or without notice terminate his/her access to all or part of the services, close any transactions, remove and discard any information or content within a Service.
THE CLIENT AGREES TO USE THE SITE AT HIS/HER OWN RISK.
When agreeing to the Terms and Conditions of the site, it is understated that the Client knows beforehand that trading is risky. This site is solely for customers who are able to withstand the loss of any money they invest and who understand the risks and have experience in taking risks in financial markets. Trading could lead to a loss of some or all of the Client’s initial investment and hence he/she should not invest money that he/she cannot afford to lose. Make sure to get acquainted with all the risks associated with trading and if need be, to seek advice from an independent financial advisor in case of doubts.
Note that Finarix can offer the Client a wide range of financial information that is generated internally from agents, suppliers or partners (henceforth “Third Party Providers”). This includes, but is not limited to financial market data, quotes and news, analyst opinions and research reports, graphs and data (“Financial Information”). Nevertheless, the Financial Information provided on this Site is not an intentional investment advice. Finarix offers Financial Information only as a Service. Finarix and its Third Party Providers do not warrant the accuracy, timeliness, completeness or correct sequencing of the Financial Information, or results of the Client’s use of this financial information. The Financial Information may promptly become unreliable for various reasons, including, for instance, changes in market conditions or economic circumstances.
Neither Finarix nor its Third Party Providers are required to update the information or opinions included within the Financial Information, and the Company can interrupt the flow of Financial Information at any time without notice. The Client is at all times called to verify the reliability of the information on the Site and its suitability for his/her needs. Finarix exclude all liability for any claim, damage or loss of any kind caused by information contained in the Site or referenced by the Site.
Finarix has the right to cancel a transaction and/or refuse to distribute profits to any person if it has adequate reasons or evidence of the following:
Finarix follows a strict withdrawal procedure which consists of the following:
Finarix charges a fee and is applicable for the different withdrawal methods used:
Minimum Withdrawal Amounts
Basically, the Minimum Amount that can be withdrawn are as follows:
In the event that the Client’s trading account has been alleged with any kind of fraudulent activities or arbitrage, his/her account will have to undergo close investigation. During this specific period, the Client shall receive only 10% of his/her withdrawable capital on a monthly basis, excluding any trading benefits associated to the account as from when the investigation has started. Access to the trading account(s) shall also be limited during the period of investigation to preserve the status quo and will be fully remitted to him/her once the issue or arbitrage has been resolved. Following the completion of the inquiry, the remaining withdrawable amount will be transferred to the Client’s account. If ever, the Client’s trading account has been termed as fraudulent, sanctions will be taken.
Please refer to the Fraud and the above section of the Terms and Conditions. Furthermore, Bonuses cannot be withdrawn unless the conditions specified in Finarix’s Bonus Policy are met.
Under the event of disagreement towards the services provided by Finarix ; users, account holders and Clients are advised to register the complaint as per the procedures implemented.
The purpose of the procedure is to ensure fair and consistent complaint handling whilst striving to provide the highest level of customer service.
Customers are hereby required to provide Finarix, in electronic form, details of the disagreement towards the services offered.
To ensure swift response and fair judgement, the user should provide the following:
If the user initiates a complaint against Finarix, the latter is required to provide the following:
Following the investigation conducted in due form, in case the user decides to terminate the contract, the latter will be required to follow the contract termination procedure.
All claims must be sent via [email protected]. Company representatives may, when providing services to the Client and due to privacy rights, use alias names.
Finarix reserves the legal right, but is in no way required to, offer bonus programs (i.e. “bonuses”, “promotions” and “benefits”) to new and regular Customers, to set the conditions of these programs and/or change them without notice to the Customer. Bonus programs or trading benefits are offered to clients who have a verified account with Finarix. Bonuses can be used irrespective of the trading tool being utilized on the platform. It is to be noted that bonuses offered are tied under specific volume requirements as outlined below:
A Trading Account will be classified as dormant if it is inactive for a period 30 days or more (i.e. no trade has been placed for an extended period of time of 30 days or more). As such, the client is required to constantly monitor his trading activity in order to keep his account active.
To keep a trading account active, clients will be required to place at least 5 trades per month. The requirements for these 5 trades shall be the same as set out in Section 12.
In case a Trading Account has been inactive for more than 30 days, Finarix reserves the right to charge a 5% levy from the current account balance (Hereby referred to as the Dormant Account Fee) for every inactive month.
The responsibility of keeping a trading account active lies on the client and Finarix reserves the right to retroactively charge the Dormant Account Fee depending on its sole discretion.
If in case a client does not want to be subject to the above mentioned fee, then he must make an additional turnover which is equivalent to the Dormant Account Fee as prescribed by Finarix.
For example a client’s Current Account Balance is USD 2500 and his account has been Inactive for a time period of 90 days.
The Calculation for the Dormant Account Fee will be as follows:
The Dormant Account Fee which will be deducted from the above mentioned account stands at USD 356.56. In case the client does not want the USD 356.56 to be deducted from his account, then he will be required to complete an additional turnover of USD 356.56.
In case a client is unable to place the required trades, he must inform Finarix of his situation and based on its sole discretion, Finarix may waive the dormant account fee.
Finarix regularly hosts trading competitions enabling traders to compete and win the set prizes. These competitions might be organized on a weekly/monthly/yearly basis based on events. Prizes are mostly offered in terms of bonus credited to the winners’ trading accounts. Bonus insertions are effectuated at the Company’s sole and exclusive discretion. The bonus granted can be cancelled by contacting Finarix’s Support Team on [email protected] in case the bonus has not been utilized. The bonus follow the general bonus terms and conditions stated.
Finarix is committed to ensure continuity of the Services on the Site. However, Finarix assume no responsibility for any error, omission, deletion, interruption, delay, defect in operation or transmission, communications line failure, theft or destruction or unauthorized access or alteration of the Site or Services. Finarix declines responsibility for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, hardware or software, or any technical failure because of technical problems or traffic congestion on the internet, the Site or any Service.
To the extent permitted by applicable law, in no event shall Finarix be liable for any loss or damage arising from the use of the Site or Services for any content posted on or through the Site or Services, or the conduct of all users of the Site or Services, whether online or offline. IN NO EVENT, FINARIX, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, SHALL BE LIABLE FOR ANY DAMAGES WHATSOEVER TO THE CLIENT, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THE USE OF THE SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION, THE QUALITY OF THE USEFULNESS OF INFORMATION PROVIDED THROUGH OR AS PART OF THE SITE OR ANY INVESTMENT DECISION MAKING ON THE BASIS OF THE INFORMATION, WHETHER THE DAMAGES WERE PREDICTABLE OR NOT AND WHETHER OR NOT FINARIX HAS BEEN ACQUAINTED WITH THE POSSIBILITY OF SUCH DAMAGES. LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL THE FINARIX CUMULATIVE LIABILITY GIVEN TO THE CLIENT EXCEED THE AMOUNT OF MONEY HE/SHE TRANSFERRED OR DEPOSITED IN HIS/HER ACCOUNT ON THE SITE IN CONNECTION WITH THE TRANSACTION GIVING RISE TO SUCH LIABILITY.
Prohibited Uses: It is prohibited to abuse this Site for money laundering purposes. Finarix employs best practices against Anti-Money laundering activities. Finarix reserves the right to refuse and to terminate any business relationship, and to cancel any operation of customers who do not comply with the requirements of Anti-Money laundering:
Online traders should provide all information required for registration. The earnings will be paid to the person who first registered for an account online.
When a customer maintains an account through wire transfers, the gains will be distributed to the sole owner of the originating bank account. When the Client makes deposits in this way, it is the responsibility of the live trader to ensure that the trader’s account number and the registered name of the account owner accompany every transfer to Finarix.
When the Client fund his/her account using a credit card or debit card, the winnings will be distributed solely to the person whose name appears on the card used to make the deposit and will not be reimbursed on the same card.
No gains can be levied on accounts opened under false names or multiple accounts opened by the same person.
Finarix may, from time to time at its sole discretion, require from a customer to provide additional proof of identity such as a notarized copy of passport or other means of identity verification as deemed necessary and may, at its sole discretion, suspend an account until the required proof is provided.
Every content, trademark, service mark, trade name, logo and icon are the property of Finarix or its affiliates or agents and are protected by law and international treaties and provisions relating to copyright. The Client agrees not to remove copyright notices or other indications of protected intellectual property rights of any material printed or downloaded from the Site. The Client will not obtain intellectual property rights, or any right or license to use such material or the Site, other than those set forth herein.
Images displayed on the Site are the property of Finarix. The Client agrees not to upload, post, distribute or reproduce any information, software or other material protected by copyright or other intellectual property rights (including rights of publicity and privacy) without first obtaining permission from the copyright owner and without prior written consent of Finarix.
Finarix’s customer data and Financial Information are treated with absolute discretion and are therefore only available to a fraction of the Company well trained staff and to the customer himself. The Company is not obliged to provide any information to third parties unless by formal request from i) A recognized Court of Law, ii) recognized Governmental Institutions. Likewise, should a customer choose to entrust the power and control over his/her trading account to an accredited third party, a valid Power of Attorney will be mandatory. The company, at its own discretion, may refuse to comply with any instruction given on a customer’s trading account by such accredited third party and request to deal with the original account holder directly, if the instruction warranted is not in the customer’s best interest.
The Client agrees to defend and indemnify Finarix 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 his/her access to and/or use of the Site or Services; violation of any of the terms in this Agreement; or breach of any applicable laws or regulations. Unjustified disputes including but not limited to disputes filed for services that the Client did receive or related to clauses in Finarix’s terms and conditions, will be assessed and in case of a ruling in the Company’s favour by the appropriate body, clients may be subject to a penalty fee of 20% of the disputed amount. The company reserves the right to impose the penalty fee on a case by case basis.
By agreeing to these terms and conditions, the Client also agrees that any dispute he/she may have with the Company or anyone on its behalf, will be first brought by him/her in person before the Company. If the Client chooses to be represented against the Company, the Company may (a) first deal with him/her personally regardless of the representation; or (b) deduct all of its expenses for dealing with said representation from his/her account, in advance. If the Client does not have sufficient money in his/her account to cover the Company’s costs and expenses, the Company may refuse to communicate with his/her representation but with him/her only.
Without prejudice to the Company’s rights under this Agreement to terminate it immediately without prior notice to the Client, the Company may terminate this Agreement with immediate effect by giving at least seven Business Days Written Notice to the Client. The Client shall have the right to terminate this Agreement with immediate effect by giving at least seven Business Days Written Notice to the Company.
Termination by any Party will not affect any obligation which has already been incurred by either Party or any legal rights or obligations which may already have arisen under the Agreement or any Transactions made hereunder. Upon termination of this Agreement, all amounts payable by the Client to the Company will become immediately due and payable including (but without limitation) all outstanding costs and any other amounts payable to the Company, any charges and additional expenses incurred or to be incurred by the Company as a result of the termination of the Agreement.
Once notice of termination of this Agreement is sent and before the termination date: (a) The Client will have an obligation to close all his Open Positions. If he fails to do so, upon termination, the Company will close any Open Positions at current prices; (b) The Company will be entitled to cease to grant the Client access to the Platform(s) or may limit the functionalities the Client is allowed to use on the Platform(s); (c) The Company will be entitled to refuse new Orders from the Client; (d) The Company will be entitled to prevent the Client to withdraw money from the Trading Account and the Company reserves the right to keep the Client’s funds as necessary to close positions which have already been opened and/or pay any pending obligations of the Client under the Agreement.
Upon Termination any or all the following may apply: (a) The Company has the right to combine any Client Accounts of the Client, to consolidate the Balances in such Client Accounts and to set off those Balances; (b) The Company has the right to close the Trading Account(s); (c) The Company has the right to convert any currency in the Trading Accounts; (d) The Company has the right to close out the Client’s Open Positions; (e) In absence of illegal activity or suspected illegal activity or fraud of the Client or instructions from the relevant authorities, if there is Balance in the Client’s favour, the Company will (after withholding such amounts that in the Company’s absolute discretion considers appropriate in respect of future liabilities) pay such Balance to the Client as soon as reasonably practicable and supply him with a statement showing how that Balance was arrived at and, where appropriate, instruct any Nominee or/and any Custodian to also pay any applicable amounts. Such funds shall be delivered in accordance to the Client’s Instructions to the Client. It is understood that the Company will effectuate payments only to an account in the name of the Client. The Company has the right to refuse, at its discretion, to effect third party payments. In the event that the Client fails to provide instructions or he/she cannot be reached at his/her last known address, the Company shall forward such funds (at its sole discretion) directly to his/her bank account as notified to Finarix or by way of a check sent by mail to the address recorded in his Registration Data. It is the Client’s responsibility to update his Registration Data, the company having no liability towards the Client for any lost money.
Finarix 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.
Finarix may assign this Agreement or any rights and/or obligations hereunder without the Client’s consent.
All the T&C and/or any agreement between the client and Finarix is subject to and according to the Investment Testimony Form.
Finarix may amend the terms of this Agreement from time to time by posting the amended terms on its Site. The Client is responsible for checking whether the Agreement was amended. Any amendment shall come into force as of the day it was published on the Site. If the Client does not agree to be bound by the changes of the terms and conditions of this Agreement, do not use or access Finarix’s Services and inform the Company in writing immediately.
Finarix makes use of external worldwide service providers in order to supply the best and comprehensive service during all trading hours. Such services should be considered as Finarix services directly. For privacy and personal safety, personnel may make use of alias names.