FPXMarkets

Menu
Menu
Login
JOIN US
Menu

Terms & Conditions

RETAIL CLIENT AGREEMENT

Note: This Retail Client Agreement is drawn up in the English language. In the event any translation of this Retail Client Agreement is prepared for convenience or any other purpose, or there is any conflict between the English version and any subsequent translation into any other language, the provisions of the English version shall prevail.

This Retail Client Agreement, along with any additional terms or policies incorporated herein by reference, as amended from time to time, (hereinafter the “Agreement”) sets out the terms under which all business dealings shall be transacted between the customer (“You”, “Client”) and us, FPXMarkets.

FPXMarkets, with Registration Number HE 421191, having its registered address at Konstantinou Mourouzi, 1, Georgia Kort, 2nd Floor, Office 201, Mesa Geitonia, 4001, Limassol, Cyprus provides payment software solutions.

By clicking to accept, and by accessing the Site or using the services provided by the Company, the Customer understands, represents, acknowledges and agrees to be legally bound by this Agreement, including Payment Policy, Return and Refund Policy, Privacy Policy, Bonus Terms and Conditions, AML and KYC Policy, and 1-Click Transaction Agreement Terms and Conditions, as amended from time to time, as if the Customer had manually signed this Agreement.

For Your benefit and protection, we strongly recommend that You take sufficient time to read the Agreement together with other policies and agreements available via fpxmarkets.com (the “Site”) carefully prior to accepting the Agreement, and/or opening a trading account, and/or performing any transactions.

If You do not accept this Agreement, please refrain from using the Site, and/or Mobile Apps, and/or opening an account. Your use of the Site, and/or Mobile Apps constitutes acceptance of this Agreement.


DEFINITIONS AND INTERPRETATION
 Unless otherwise provided in this Agreement, the following terms shall have the following meanings:
“Account” means an account opened by Client with the Company for trading.
“Agreement” means this Retail Client Agreement, including Payment Policy, Return and Refund Policy, Privacy Policy, Bonus Terms and Conditions, AML and KYC Policy, and 1-Click Transaction Agreement Terms and Conditions, as amended from time to time.
“Dormant Account” means Client’s Account where Client has not initiated any transaction for a period of three (3) months.
 
“FATCA” is an abbreviation for the Foreign Account Tax Compliance Act.
“Mobile Apps” mean mobile apps available for Android and iOS in order to optimize the use of the Services on a smartphone or tablet.
 
“Transaction” means any type of transaction performed by Client in the Account, including but not limited to buy and sell transactions related to financial instruments, deposits and withdrawals.
“Services” means the services provided to Client by the Company.
 
 
 
TERM AND TERMINATION
This Agreement shall come into force on the date of its acceptance by Client.
 
 This Agreement does not have an ending date but will remain in force until one of the Parties expresses a desire to terminate it.
 
 Client has the right to terminate this Agreement by providing a written notice to the Company 3 (three) days before the termination. Upon receipt of such notice, a hold will be placed on Client’s Account to allow any then pending transactions to clear.
 
 All funds appearing on the balance of Client’s Account must be withdrawn or otherwise transferred before closure of Client’s Account is finalized.
 
 The Company shall terminate the Agreement with immediate effect without any prior notice to Client, notwithstanding any other action, invalidate Transactions and seize funds from the balance of Client’s account(s) where:
          -the Company believes, at its sole and absolute discretion, that Client has breached any provision of this Agreement.
          -the Company believes, at its sole and absolute discretion, that Client engages in abusive behaviour.
          -the Company is unable to verify any documents and information provided by Client.
          -the Company believes, at its sole and absolute discretion, that Client’s actions may cause legal liability for Client, other Clients or the Company.
          -Client engages in illegal activities.
 
Upon termination, any fees due or any expenses incurred by the Company as a result of the termination of this Agreement should be settled immediately. Unless otherwise agreed in writing, any amount due or outstanding will be directly deducted from Client’s Account.
ACCEPTING TERM AND TERMINATION

By accepting this Agreement, the Client agrees and irrevocably accepts the terms and conditions contained in this Agreement, its annexes and/or appendices as well as other documentation/information published on the Website, including without limitation to the Privacy Policy, Payment Policy, Withdrawal Policy, Code of Conduct, Order Execution Policy and Anti-Money Laundering Policy. The Client accepts this Agreement by registering an Account on the Website and depositing funds. By accepting the Agreement, and subject to the Company’s final approval, the Client enters into a legal and binding agreement with the Company.

The terms of this Agreement shall be considered accepted unconditionally by the Client upon the Company’s receipt of an advance payment made by the Client. As soon as the Company receives the Client’s advance payment, every operation made by the Client on the Trading Platform shall be subject to the terms of this Agreement and other documentation/information on the Website.

The Client hereby acknowledges that each and any Operation, activity, transaction, order and/or communication performed by him/her on the Trading Platform, including without limitation through the Account, and the Website, shall be governed by and/or must be executed in accordance with the terms and conditions of this Agreement and other documentation/information on the Website.

By accepting this current agreement, the Client confirms that he/she is able to receive information, including amendments to the present Agreement either via email or through the Website.

Subject of the Agreement

The subject of the Agreement shall be the provision of Services to the Client by the Company under the Agreement and through the Trading Platform.The Company shall carry out all transactions as provided in this Agreement on an execution-only basis, neither managing the account nor advising the Client. The Company is entitled to execute transactions requested by the Client as provided in this Agreement even if the transaction is not beneficial for the Client. The Company is under no obligation, unless otherwise agreed in this Agreement and/or other documentation/information on the Website, to monitor or advise the Client on the status of any transaction, to make margin calls, or to close out any of the Client’s open positions. Unless otherwise specifically agreed, the Company is not obligated to make an attempt to execute the Client’s order using quotes more favorable than those offered through the Trading Platform.

The Investment and Ancillary Services which the Company should provide under the terms of the Agreement are stated below, and the Company will provide them in its capacity as a market maker under the terms of this Agreement. The Services that the Company provides in relation to one or more Financial Instruments are the following (the list below shall not be regarded as exhaustive):

a. Investment services
Reception and transmission of orders in relation to one or more Financial Instruments.
Execution of the orders on behalf of the Clients.
Dealing on Own Account.
Portfolio Management.
Investment Advice.
b. Ancillary Services
Safekeeping and administration of the Financial Instruments for the Client’s Trading Account, including custodianship and related services such as cash/collateral management.
Granting credits or loans to one or more financial instruments, where the firm granting the credit or loan is involved in the transaction.
Foreign exchange services where these are connected to the provision of the Investment Services.
The Company does not provide investment, tax or trading advice unless specified as such between the Client and the Company in a separate agreement. Our services include ‘execution only’ meaning that the Company will act on your instructions and will not advise you on any transaction, nor will we monitor your trading decisions to determine if they are appropriate for you or to help you avoid losses. You should obtain your own financial, legal, taxation and other professional advice.

c. Financial Instruments (the list below shall not be regarded as exhaustive):
Digital Options and/or Binary Options Contracts in stocks, commodities, indices and currency pairs
Financial Contracts for Difference (CFDs) in stocks, currency pairs (FX), commodities, ETFs, indices and CFDs in cryptocurrencies;
Trading in CFDs and other derivatives does not give you any right, voting right, title or interest in the underlying instrument of the Transaction. You understand that you are not entitled to take delivery and are not entitled to ownership of any underlying instrument. CFDs and other derivatives are not traded on a regulated exchange and are not cleared on a central clearinghouse. This exchange and clearinghouse rules and protections do not apply. The Company reserves the right to, at its sole discretion and for all CFD products, impose the following expiration times: daily/weekly/monthly and/or no expiration at all.

General Provisions

 

Subject to the provisions of this Agreement, the Company agrees to provide the Client with the Services subject to the Client:

a. Being of age of maturity in accordance with the jurisdiction he/she resides in or is a resident of, is of legal competence and of sound mind.

b. Not residing in any country where distribution or provision of the financial products or services offered by the Company would be contrary to local laws or regulations. It is the Client’s responsibility to ascertain the terms of and comply with any local laws or regulations to which they are subject.

Personal Data

By accepting the terms and conditions of this Agreement, the Client irrevocably consents to the collection and processing of his/her personal data/information by the Company without the use of automatic controls, as the same are provided by him/her to the Company. The term personal data for the purposes of this Agreement shall mean: the Name, Surname, Patronymic, gender, address, phone number, e-mail, IP address of the Client, Cookies and information that relate to the provision of Services to the Client (for example, the Client’s trading story).

The Client shall be obliged to provide correct, accurate and complete personal data/information as requested by the Company.

The purpose of collecting and processing the personal data is to comply with applicable regulating legislation requirements, including without limitation to anti-money laundering regulations, as well as for any and all purposes in relation to this Agreement, including without limitation to enable the Company to discharge its obligations towards the Client.

The Client acknowledges and consents to that, for the purposes described at the section directly above, the Company shall be entitled to collect, record, systematize, accumulate, store, adjust (update, change), extract, use, transfer (disseminate, provide, access), anonymize, block, delete, destroy such personal data and/or perform any other actions according to the current regulating legislation.

The Client hereby acknowledges, accepts, agrees and consents to the disclosure of personal data by the Company to third parties and their representatives, solely for the purposes of the Agreement, including without limitation in order to facilitate processing/execution of the Client’s orders/Operations, provided that at all times (i) the amount of personal data to be disclosed to any such third party is proportionate and/or limited solely to facilitate to the actions as described above, and (ii) the Company shall ensure that such third party shall treat the personal data in accordance with applicable laws and regulations.

The Company shall not be entitled to make available the personal data in public and/or disclose such personal data for any other purposes, subject to disclosure required under applicable laws and regulations.

During processing of the personal data, the Company shall take necessary legal, organizational and technical measures to protect such personal data from unauthorized or accidental access, destruction, change, blocking, copying, provision, and dissemination as well as from any other illegal actions.

You cannot copy content of this page

error: Content is protected !!
Scroll to Top