Terms & Conditions
User Agreement
The following describes the terms and conditions upon which ForX4All. ("ForX4All" or "the Company" or "we") offers access to its Web site to you the customer (hereinafter "you" or "user" or "customer") and the use of its services (hereinafter the "Agreement" or "User Agreement" or "Online Services Agreement").
This Agreement describes the terms, conditions and risks applicable to your use of our services available under the domain and sub-domains of www.ForX4All.com (the "Site" or "Web site"). If you have any questions regarding this Agreement please contact Customer Support
You must read, agree with and accept all of the terms and conditions contained in this User Agreement without modifications, which include those terms and conditions expressly set forth below and those incorporated by reference, before you may become a customer of ForX4All. By continuing to access or use the Web site, you agree to follow the Terms and Conditions of this Agreement as they may apply to you.
This Agreement is effective upon acceptance in registration for newly registering customers, or upon receipt of e-mail notification by other users. The Agreement is otherwise effective for all users as of January 1st, 2008. The previous terms and conditions are effective for all transactions that were not closed on or before January 1st, 2008 made by users who registered before January 1st, 2008 and who did not receive an e-mail notification of the new Agreement.
If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services, and inform us in writing immediately.
[1] Amendments By using our services you agree to be bound fully by all our terms and conditions. ForX4All may amend or revise this Agreement at any time by posting the amended terms on the Site and, by continuing to trade through the platform, you affirm that you agree to be bound by future revisions. Whenever such changes to the terms & conditions of this Web site are made, the Company will post such changes on the Web site.
All amended terms shall be effective 10 days after their initial posting on the Web site, or as of the first time that you use our services after such amendments were made, whichever is sooner.
If you do not agree to be bound by the changes to the terms and conditions of this Agreement, do not use or access our services, and inform us in writing immediately.
[2] Online Services Agreement This Online Services Agreement is made by and between ForX4All and you.
This Agreement applies to both the ForX4All Web site and trading platform, as well as to the electronic content and or software currently contained on the Web site that supplies the customer with real time information about the exchange rate of some currencies, as well as with the program facilities for executing trading transactions in the foreign exchange market via the web, phone or fax (hereinafter referred to as the "Service" or "forex" or "forex market"), and any other features, content or services that the Company may add in the future.
[3] Membership Eligibility Our services are available to and may only be used by individuals or companies who can form legally binding contracts under the law applicable to their country of residence. Without limiting the foregoing, our services are not available to persons under the age of 18 or otherwise under legal age ("minors"). If you are a minor, you may not use this service. IF YOU DO NOT QUALIFY, PLEASE DO NOT USE OUR SITE.
For avoidance of doubt, We shall not be responsible for any unauthorized use by minors of our Services in any way or manner.
Furthermore, our services are available only to, and may only be used by individuals who have sufficient experience and knowledge in financial matters to be capable of evaluating the merits and risks of acquiring financial contracts via this Site and have done so without relying on any information contained in this Site.
Without derogating from the above provision, we shall not be responsible for verifying and/or checking whether you possess such sufficient knowledge and/or experience, nor shall we be responsible for any damage and/or loss incurred by you as a result of insufficient knowledge and/or experience. IF YOU DO NOT QUALIFY, PLEASE DO NOT USE OUR WEB SITE.
Without limiting the foregoing, our services are not available where they are illegal to use, and the Company reserves the right to refuse and/or cancel services to anyone at its own discretion.
[4] Legal Restrictions Without limiting the foregoing, you understand that laws regarding financial contracts vary throughout the world, and it is your obligation alone to ensure that you fully comply with any law, regulation or directive, relevant to your country of residency with regards to the use of the Web site. For avoidance of doubt, the ability to access our Web site does not necessarily mean that our Services, and/or your activities through it, are legal under the laws, regulations or directives relevant to your country of residency.
This Web site does not constitute, and may not be used for the purposes of, an offer and/or solicitation to anyone in any jurisdiction in which such offer and/or solicitation is not authorized, and/or to any person to whom it is unlawful to make such an offer and/or solicitation. Access to this Web site, and the offering of financial contracts via this site, may be restricted in certain jurisdictions, and, accordingly, users accessing this site are required to inform themselves of, and to observe, such restrictions.
[5] Limited License ForX4All grants you a non-exclusive, non-transferable and limited personal license to access and use its Web site (the "license"). This license is conditioned on your continued compliance with the terms and conditions of this Agreement.
You agree not to "deep-link" to the Web site, resell or permit access of the Web site to others, and not to copy any materials appearing on the Web site for resale or for any other purpose to others without the prior written consent of ForX4All.
For avoidance of doubt, you shall be responsible and bound by any unauthorized use of the site, made in breach of this section.
You further agree not to use any electronic communication feature of a Service on the Site for any purpose that is unlawful, tortuous, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening or hateful.
The license granted under this Agreement will terminate if ForX4All believes that any information provided by you, including your e-mail address, is no longer current or accurate, or if you fail to otherwise comply with any term or condition of this Agreement and all rules and guidelines for each service or ForX4All establishes that you have abused in any way (including but not limited to engaging in a transaction out of market rates) the ForX4All trading platform.
Upon such violation, you agree to cease accessing Services. You agree that ForX4All, at its sole discretion and with or without notice, may terminate your access to any or all Services, and remove and discard any information or content within a Service.
[6] Communications
Unless otherwise indicated for a particular Service, any communications or material of any kind that you e-mail or otherwise transmit through the Services, including information, data, questions, comments or suggestions (your "Communications") will be treated as non-proprietary and non-confidential.
By accepting this Agreement you grant a license to ForX4All to use your Communications in any way it thinks fit, either on the Web site or elsewhere, with no liability or obligation to you. ForX4All is free to use any idea, concept, know-how or technique or information contained in your Communications for any purpose including, but not limited to, developing and marketing products.
ForX4All is entitled, but not obligated, to review or retain your Communications. ForX4All may monitor your Communications to evaluate the quality of service you receive, your compliance with this Agreement, the security of the Web site, or for other reasons. You agree that such monitoring activities will not entitle you to any cause of action or other right with respect to the manner in which ForX4All monitors your Communications. In no event will ForX4All be liable for any costs, damages, expenses or any other liabilities incurred by you as a result of ForX4All's monitoring activities.
[7] Obligations of ForX4All ForX4All will supply you with the informational and technical means to use its Services in a twenty-four-hour mode of operation starting Sunday 22:00 GMT to Friday 21:00 GMT.
You know, understand and agree that, in general, ForX4All does not collect tax on behalf of any authority in any form or manner.
Without limiting the foregoing, it is your obligation alone to calculate and pay all taxes applicable to you in your country of residence, or otherwise arising as a result of your trading activity from the use of the Company's Services.
[8] Registration Information and Requirements When you register for the service, ForX4All will ask you to provide certain identifying information ("Registration").
You agree to provide true, accurate, current and complete information about yourself during the Registration process, and you also agree not to impersonate any person or entity, misrepresent any affiliation with another person, entity or association, use false headers or otherwise conceal your identity from ForX4All for any purpose. If you are registering as or for a business entity, you hereby declare that you have the authority to bind that entity to this Agreement.
ForX4All will treat with care the information you entrust to the Company, in accordance with the disclosures it provides during the Registration process and in its Privacy Policy.
Privacy Policy
ForX4All is committed to protecting the confidentiality of any customer's information, which it may acquire during the course of providing its services. It is the Company's policy not to disclose customer's information to non-affiliated third parties, except with the consent of the customer or when required by law. The Company is providing this Privacy Policy to help you understand how we protect the privacy of financial and other non-public personal information about you.
Information We Collect
We collect non-public personal information from you, from the following sources:
Information we receive from you on applications or other forms; Information about your transactions with us. Categories of Information We Disclose We do not disclose any non-public personal information about our customers, or our former customers, to anyone, except as permitted by law and for authentication of the client's identity.
Confidentiality and Security We restrict access of non-public personal information about our customers to those employees who need to know such information in order to provide service . We maintain physical, electronic and procedural safeguards, which comply with all applicable laws, in order to safeguard your non-public personal information.
Privacy statement ForX4All views its customers' privacy and the protection of information concerning them, to be of prime importance. We store and process your information on computers located in Canada. Physical and technological security devices protect these computers. If you object that we handle your information in such manner, please do not use our services.
We shall not sell or rent your personal information to third parties for any purposes, without your explicit consent and we shall only use your information as described in our Privacy Policy.
[9] Indemnity and right of set-off The customer hereby agrees to indemnify and hold harmless ForX4All, its directors, officers, employees or agents from and in respect of any loss, damage, liability, cost or expense that it may suffer or incur by reason of the Customer failing to discharge its obligations under or acting in breach of any of the terms and conditions herein contained or as a result of any breach of any applicable laws or regulations.
In the event that there is any liability of the Customer to ForX4All its directors, officers, employees or agents under the indemnity provisions of the clause hereinabove, ForX4All shall have the right to set-off that amount against any balance held to the credit of the account opened by the Customer with ForX4All.
[10] Limitation of Liability IN NO EVENT SHALL ForX4All, ITS OFFICERS, DIRECTORS OR EMPLOYEES BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEB SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE) EXCEPT AS STATED IN THIS AGREEMENT.
THE LIABILITY OF ForX4All, ITS OFFICERS, DIRECTORS OR EMPLOYEES, TO YOU OR ANY THIRD PARTIES IN ANY PROVEN CIRCUMSTANCE IS LIMITED TO THE AMOUNT OF MONEY YOU TRANSFERRED OR DEPOSITED FOR SERVICES AT ForX4All IN RELATION TO THE TRANSACTION GIVING RISE TO SUCH LIABILITY.
[11] Risk Statement You agree to use the Web site at your own risk.
Without limiting the foregoing, the financial services contained within this site are suitable only for customers who are able to bear the loss of all the money they invest, and who understand the risks and have experience in taking risks involved in the acquisition of financial contracts.
[12] Market information ForX4All may make available to you through one or more of its Services a broad range of financial information that is generated internally or obtained from agents, vendors or partners ("Third Party Providers"). This includes, but is not limited to, financial market data, quotes, news, analyst opinions and research reports, graphs or data. ("Market Information").
Market Information provided on these Web pages is not intended as investment advice. ForX4All does not endorse or approve the Market Information, and we make it available to you only as a service for your own convenience. ForX4All and its Third Party Providers do not guarantee the accuracy, timeliness, completeness or correct sequencing of the Market Information, or warrant any results from your use or reliance on the Market Information.
Market Information may quickly become unreliable for various reasons including, for example, changes in market conditions or economic circumstances. Neither ForX4All 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.
You agree that neither ForX4All nor the Third Party Providers will be liable in any way for the termination, interruption, delay or inaccuracy of any Market Information. You will not "deep-link", redistribute or facilitate the redistribution of Market Information, nor will you provide access to Market Information to anyone who is not authorized by ForX4All to receive Market Information.
[13] Use & Access to the Site You shall be responsible for providing and maintaining the means by which to access the Web site, which may include, but is not limited to, a personal computer, modem and telephone or other access line.
You shall be responsible for all access and service fees necessary to connect to the Web site and assume all charges incurred in accessing such systems. You further assume all risks associated with the use and storage of information on your personal computer or on any other computer through which you will gain access to the Web site and the services (hereinafter referred to as "computer" or "your computer").
You represent and warrant that you have implemented and plan to operate and maintain appropriate protection in relation to the security and control of access to your computer, computer viruses or other similar harmful or inappropriate materials, devices, information or data.
You agree that ForX4All will not be liable in any way to you in the event of failure of or damage or destruction to your computer systems, data or records or any part thereof, or for delays, losses, errors or omissions resulting from the failure or mismanagement of any telecommunications or computer equipment or software.
You will not transmit to or in any way, whether directly or indirectly, expose ForX4All or any of ForX4All's online service providers to any computer virus or other similarly harmful or inappropriate material or device.
[14] Force Majeure You agree that ForX4All will not be liable in any way to you or to any other person in the event of force majeure, or for the act of any Government or legal authority, or for the failure of or damage or destruction to its computer systems, data or records or any part thereof, or for delays, losses, errors or omissions resulting from the failure or mismanagement of any telecommunications or computer equipment or software.
The parties shall be released of all responsibilities for partial, full or non-fulfillment, as well as for improper fulfillment of the obligations under this Agreement, if such non-fulfillment or improper fulfillment was a result of extraordinary events, which occurred after this Agreement was concluded and which the party could not either foresee or prevent (natural calamities, wars, armed conflicts etc.).
[15] Technical Problems You understand that while the Internet and the World Wide Web are generally reliable, technical problems or other conditions may delay or prevent you from accessing the Web site.
ForX4All shall not be liable, and you agree not to hold or seek to hold ForX4All or any of its agents or service providers liable, for any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high Internet traffic demand, security breaches and unauthorized access, and other similar computer problems and defects.
ForX4All does not represent, warrant or guarantee that you will be able to access or use the Web site at times or locations of your choosing, or that ForX4All will have adequate capacity for the Web site as a whole or in any geographic location.
ForX4All does not represent, warrant or guarantee that the Web site will provide uninterrupted and error-free service. ForX4All does not make any warranties or guarantees with respect to the Web site and its content, including but not limited to, warranties for merchantability or fitness for a particular purpose.
[16] Hyperlinks ForX4All may provide a link to other sites that are controlled or offered by third parties. Such link to a site or sites is not an endorsement, authorization, sponsorship or affiliation with respect to such site, its owners or its providers.
ForX4All cautions you to ensure that you understand the risks involved in using such sites before retrieving, using, relying upon or purchasing anything via the Internet.
Links to these Web sites are provided solely for your convenience, and you agree that under no circumstances will you hold ForX4All liable for any loss or damage caused by use of or reliance on any content, goods or services available on other sites.
[17] Trademarks and Copyrights All content, trademarks, services marks, trade names, logos and icons are the property of ForX4All or its affiliates or agents and are protected by copyright laws and international treaties and provisions.
You agree not to delete any copyright notices or other indications of protected intellectual property rights from materials that you print or download from the Web site. You will not obtain any intellectual property rights in, or any right or license to use such materials or the Web site, other than as set out in this Agreement.
Images displayed on the Web site are either the property of ForX4All or used with permission. You agree not to upload, post, reproduce or distribute any information, software or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights and the prior written consent of ForX4All.
Nothing contained on the Web site shall be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademark without the written permission of ForX4All and/or such third party that may own the trademarks. Your use of the trademarks, or any other content of the Web site, except as provided herein, is strictly prohibited.
[18] Governing Law; Arbitration and Court Jurisdiction This Agreement, shall be governed by the laws of Canada, without regard to conflicts of law principles thereof. This is the case regardless of whether you reside or transact business with ForX4All anywhere else in the world.
If any part of this Agreement is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
The parties recognize electronic and magnetic recordings as evidence when settling disputable matters, in order to state any facts concerning the obligations for trading operations in the FOREX market.
Binding Arbitration: For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, you or ForX4All may elect to resolve the dispute through binding arbitration conducted in person, on-line or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the Canadian Bar in accordance with their applicable rules, or any other established Alternative Dispute Resolution provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered, exclusively, in any court located within the City of Toronto, Canada, having jurisdiction thereof.
Exclusive Court Jurisdiction: Alternatively, you agree to submit to the personal and exclusive jurisdiction of the courts located within the City of Toronto, Canada to settle any dispute, which may arise in relation thereto.