The following describes the conditions which applies to the services available on the domain of finarix.com (henceforth “Our Site”). For any queries, use the Live Customer Support Button located at the bottom right of the page.
Alternatively, you can send us an email on [email protected] This site is available to anyone with internet access around the world. Finarix Inc. (“Finarix”, “the Company”, “we”, “our”, “us”) 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 our 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 clients 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.
Our Services are also not available to people aged under 18 or anyone who have not attained the legal age (“Minors”). If you are a minor, you cannot use this service. PLEASE DISCONTINUE USING THIS SITE IF YOU DO NOT MEET THE LEGAL AGE REQUIREMENT.
Likewise, we are 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 decision they undertake in relation to trading. Stressing further on the above outlined provision, Finarix disclaims any responsibility for auditing and/or checking your 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 your use of the Site. It is the same for any transaction and/or use of the Services. Without limiting the above mentioned provisions, our 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 you open an account with Finarix, you also declare that you 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. 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. We 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 your responsibility to ensure that you comply any existing laws, regulations or guidelines in your 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 the it meets the laws, regulations or directives relevant to your country of residence. Likewise, by accessing this site and when funding your trading account, you hereby declare the money does not come from drug trafficking, kidnapping or any other illegal or criminal activity.
Finarix grants you a limited nonexclusive, nontransferable license to access and use the Site (henceforth “the License”) and this License wholly depends on your compliance with the terms of this Agreement. By signing this agreement, you hereby agree not to resell or make the Site available to any other person, and you refrain from copying, selling any documents/materials existing on the site, without prior consultation and written consent from Finarix. To avoid any doubt, you will be liable and bound by any unauthorized use of the Site, in violation of this section. You agree 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 your disposal on the site, you agree 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 you, including your email, is no longer current or accurate, or if you fail 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 you have committed a crime on the Finarix trading platform (including, without limitation, the conclusion of a transaction outside the market rates). In the event of violation of this provision, you agree to cease accessing the Services. Finarix, can accordingly, at its own discretion and with or without notice terminate your access to all or part of the services, close any transactions, remove and discard any information or content within a Service.
YOU AGREE TO USE THE SITE AT YOUR OWN RISK.
When agreeing to the Terms and Conditions of the site, it is understated that you know 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 your initial investment and hence you should not invest money that you cannot afford to lose. Make sure to get acquainted to all the risks associated to trading and if need be, to seek advice from an independent financial advisor in case of doubts.
Note that Finarix can offer you 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 your 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 we can interrupt the flow of Financial Information at any time without notice. You are at all times called to verify the reliability of the information on the Site and its suitability for your needs. We 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 your trading account has been alleged with any kind of fraudulent activities or arbitrage, your account will have to undergo close investigation. During this specific period, you shall receive only 10% of your 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 you once the issue or arbitrage has been resolved. Following the completion of the inquiry, the remaining withdrawable amount will be transferred to your account. If ever, your 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, refunds are carried out in terms of Bonuses, i.e the refunded amount 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 requirement as outlined below:
A trading account will be classified as dormant if it is inactive for a period of 30 days. Finarix shall make a monthly review of those accounts in which there is no activity (i.e. no trade has been placed for an extended period of time of 30 days). Finarix hereby reserves the right to temporarily freeze the account. A charge of 5% will be levied from the Deposited amount for every inactive month. To revive a trading account, clients are required to place at least 5 trades. Clients are requested to get in touch with their account representative at the earliest.
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.
We are committed to ensure continuity of the Services on the Site. However, we 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. We decline 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 we be liable for any loss or damage arising from 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 YOU, 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 YOU EXCEED THE AMOUNT OF MONEY YOU TRANSFERRED OR DEPOSITED IN YOUR 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 you make 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 you fund your 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. You agree not to remove copyright notices or other indications of protected intellectual property rights of any material you print or download from the Site. You 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. You agree not to upload, post, distribute or reproduce any information, software or other material protected by copyright or other intellectual property right (including rights of publicity and privacy) without first obtaining permission from the copyright owner and without prior written consent of Finarix.
You agree 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 your 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 you did receive or related to clauses in our terms and conditions, will be assessed and in case of a ruling in our 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, you also agree that any dispute you may have with the Company or anyone on its behalf, will be first brought by yourself in person before the Company. If you choose to be represented against the Company, the Company may (a) first deal with you personally regardless of the representation; or (b) deduct all of its expenses for dealing with said representation from your account, in advance. If you do not have sufficient money in your account to cover the Company’s costs and expenses, the Company may refuse to communicate with your representation but with you 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 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 to accept new Orders from the Client;
(d) The Company will be entitled to refuse to the Client to withdraw money from the Trading Account and the Company reserves the right to keep 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 thirty party payments. In the event that the Client fails to provide instructions or the Client cannot be reached at his last known address, the Company shall forward such funds (at its sole discretion) directly to his bank account as notified to us 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 your 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. 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 Site. If you do not agree 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.
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.