Terms & Conditions
- Subject of the agreement
1.1. This is the Terms and Conditions of Marketfxm (hereinafter referred to as “Company”) and the Client who submitted a registration format www.Marketfxm.com (hereinafter referred to as “Client”).
The Agreement sets forth the relationship between the Client and the Company including but not limited to orders’ execution, Client policies, payments and/or pay-outs, claims resolution, fraud prevention, communication and other aspects.
1.4. Any possible arguments between the Client and the Company will be settled in compliance with the Agreement unless stated otherwise.
1.5. By entering into the Agreement, the Client guarantees that he/she is a person of a legal age. In case the Client is a legal entity, it guarantees the entity is capable and no other parties are eligible to perform any actions, claims, demands, requests, etc in respect to the Client’s trading account.
1.6. All the operations on and with the Client’s trading account are performed in full compliance with this Agreement unless stated otherwise
1.7. The Client has no right to bypass fully or partially his/her obligations by the Agreement on the basis that it is a distance contract.
2.1. Subject to the Agreement, the Company will offer the following Services to the Client:
2.1.1. Receive and transmit trading orders or execute trading orders for the Client using the provided Trading Instruments.
2.2. Company’s services include MetaTrader 5 software package, technical analysis means, and any third parties’ services offered along with the Company’s services
2.3. Subject to the Agreement, the Company may enter into Transactions with the Client using the Trading Instruments specified on the Company’s website at www.Marketfxm.com.
2.4. The Company shall carry out all Transactions with the Client on an execution only basis. The Company is entitled to execute Transactions notwithstanding that a Transaction may be not suitable for the Client. The Company is under no obligation, unless otherwise agreed, to monitor or advise the Client on the status of any Transaction; to make margin calls; or to close out any Client’s Open Positions.
2.5. The Client shall not be entitled to ask the Company to provide investment advice or to make any statements of opinion to encourage the Client to make any particular Transaction.
2.6. The Company shall not provide physical delivery of the Underlying Asset of an Instrument in relation to any Transaction. Profit or loss in the Currency of the Trading Account is credited/ debited from the Trading Account once the Transaction is closed.
2.7. The Company will not provide personal recommendations or advice on any specific Transactions.
2.8. The Company may from time to time and at its discretion provide information and recommendations which it may post on its website or provide to subscribers via social media. Where it does so:
2.8.1. This information is provided solely to enable the Client to make his own investment decisions and can’t be considered an investment advice;
2.8.2. If the document contains a restriction on the person or category of persons for whom that document is intended or to whom it is distributed, the Client agrees that he will not pass it on to any such person or category of persons;
2.8.3. Company gives no representation, warranty or guarantee as to the accuracy of completeness of such information or as to the tax consequences of any Transaction;
2.8.4. It is provided solely to assist the Client to make his/her own investment decisions and can’t be considered an investment advice or unsolicited financial promotions to the Client.
2.9. In providing the Client with reception and transmission and/or execution services the Company is not required to assess the suitability of the financial instrument in which the Client wishes to transact, nor the service(s) provided or offered to him.
2.10. The Company reserves the right, at its discretion, at any time to refuse to provide the Services to the Client and the Client agrees that the Company will have no obligation to inform the Client of the reasons.
2.11. The Company reserves a right to reject the Client by returning him/her his/her initial deposit (that is the total amount deposited by the Client) at any time, in case the Company deems it appropriate and necessary (including but not limited to as the result of Client’s malicious, illegal, inappropriate, fraudulent or in any other way inacceptable actions).
2.12. Market commentary, news, or other information is a subject to change and may be modified at any time without notice. The information can under no circumstances be considered as a direct or indirect trading advice.
2.13. Any trading decision made by the client is his/her sole responsibility. The company is not liable for consequences of such decisions.
2.14. By accepting this Agreement, the Client confirms he/she has read the communication rules and agrees that he/she is only able to perform orders by means of the Client Terminal only.
2.15. The Client agrees that the Company can modify, add, rename or cancel any or the scope of the services offered in this Agreement partially or completely without prior notification. The Client also agrees that the Agreement is applied to the services which may be modified, added or renamed in future in addition to the services provided by the Company at present.
2.16. The Company is not liable to (unless set forth in this Agreement) attempt to execute any Client’s order at the quotes other than the quotes offered in the Trading Platform
2.17. The Company is under no circumstances a tax agent. The Parties comply with their tax and/or any other obligations independently and on their own.
2.18. The Company does not allow anyone to trade as an agent or in any other capacity on behalf of other Clients or any other persons
2.18.1. The Client undertakes to trade on his/her behalf personally, not to allow any other Client or any other person to trade on his/her behalf, and not to trade on behalf of any other Client or any other person.
2.18.2. The Client undertakes that if he/she trades on behalf of any other client or any other person, the Client shall hold the Company harmless and be liable to such other Client or such other person for any losses and/or damage such other Client or such other person may have.
2.18.3. The Client hereby undertakes that if any other Client or any other person trades on behalf of the Client and the Client has any loss or damage due to such trades, the Client shall not have any claims against the Company and may claim such loss and/or damage only from the other Client or any other person who has been trading on his/her behalf.
- Trading conditions
3.1. Complete trading conditions including but not limited to current spreads, currency pairs, lot sizes, transaction sizes, long and short swaps, commissions, volume and/or deposit limitations, account types, etc is located at the Company’s website at www.octafx.com. The Company reserves a right to modify/add/cancel any or all of the trading conditions. Such modifications are a subject of prior notification.
3.2. Any kind of abusing and/or taking unfair (direct or indirect) advantage of the Company’s trading conditions may be a subject of investigation. Should facts of such abuses arise, the profit and/or loss gained with this advantage may be cancelled by the Company’s sole decision. The Client fully acknowledges this.
4.1. In order to communicate with the Client, the Company may use:
4.1.1. Client Terminal internal mail;
4.1.4. Company’s Live Chat;
4.1.6. Mobile push notifications;
4.1.7. Web push notifications;
4.1.8. Instant messenger services (Viber, Telegram, Facebook Messenger, etc.);
4.2. Company will use contact details provided by the Client whilst opening the Trading Account and the Client agrees to accept any notices or messages from the Company at any time.
4.3. Any piece of information sent to the Client (documents, notices, confirmations, statements, etc.) shall be deemed received:
4.3.1. Within one hour after emailing it, if sent by email;
4.3.2. Immediately after sending it if sent by the Trading Platform internal mail;
4.3.3. Once the telephone conversation has been finished, if contacted by phone;
4.3.4. Within one hour after it has been posted on the Company News Webpage, if posted at the Company’s Website;
4.4. Any telephone conversation between the Client and the Company may be recorded. All Instructions and Requests received by telephone will be binding as if received in writing. Any recordings shall be and remain the sole property of the Company and will be accepted by the Client as conclusive evidence of the Instructions, Requests or other arising obligations. The Client agrees that the Company may deliver copies of transcripts of such recordings to any court, regulatory or government authority.
- Dispute resolution
5.1. In case any conflict situation arises when the Client reasonably believes that the Company as a result of any action or failure to act breaches one or more terms of the Agreement, the Client has the right to file a complaint.
5.2. To file any complaint, the Client should email it to [email protected].
5.3. A complaint MUST contain:
5.3.1. First and Last name of the Client (or company name if the Client is a legal entity);
5.3.2. Client’s login details in the Trading Platform (i.e. Account number);
5.3.3. Details of when the conflict first arose (date and time in the Trading Platform time);
5.3.4. Description of the conflict situation supported by the reference to the Agreement;
5.4. The complaint MUST NOT contain:
16.4.1. Affective appraisal of the conflict situation;
16.4.2. Offensive language;
16.4.3. Uncontrolled vocabulary;
5.5. The Company has the right to reject a complaint in case any of the above-mentioned provisions are breached.
5.6. The Claim resolution term is set as 10 (ten) working days since the claim has been submitted. In occasional cases the term may be increased.
6.1. The Company may resolve all Disputes by ONLY:
6.1.1. Crediting/debiting the Client’s Trading Account;
6.1.2. Reopening erroneously closed positions; and/or
6.1.3. Deleting erroneously opened positions or placed Orders.
6.2. The Company has the right to choose the method of Dispute resolution at its sole discretion.
6.3. Disputes not mentioned in the Agreement will be resolved in accordance with the common market practice and at the sole discretion ofthe Company.
6.4. The Company shall not be liable to the Client if for any reason the Client has received less profit than had hoped for or has incurred aloss as a result of uncompleted action which the Client had intended to complete. This said, the Company will under no circumstancescompensate any” lost profit”.
6.5. The Company shall not be liable to the Client in respect of any indirect, consequential or non-financial damage (emotional distress, etc).
- Rejection of complaint
7.1. In case the Client had been notified in advance by the Trading Platform internal mail or some other way of routine construction on theServer, complaints made in regard to any unexecuted Instructions or Requests which are given during such a construction period, are notaccepted. The fact that the Client has not received a notice shall not be a reason to file a complaint.
7.2. Complaints regarding Order execution time are not accepted.
7.3. No Client complaints will be accepted in regard to the financial results of the orders opened or closed using temporary excess FreeMargin on the Trading Account gained as a result of a profitable position (cancelled by the Company afterwards) or opened at an Off-marketquote (Spike) or by any other reason.
7.4. In regard to all Disputes any references by the Client to the Quotes of other companies or information systems cannot be taken intoaccount.
7.5. The Client acknowledges that he/she will not be able to manage the position while the Dispute in regard to this position is beingconsidered and no complaints in regard to this matter are accepted.
- Force majeure
8.1. The Company may, in its reasonable opinion, determine that a Force Majeure Event exists, in which case the Company will, in duecourse, take reasonable steps to inform the Client. A Force Majeure Event includes without limitation:
8.2. Any act, event or occurrence (including, without limitation, any strike, riot or civil commotion, terrorism, war, act of God, accident, fire,flood, storm, interruption of power supply, electronic, communication equipment or supplier failure, civil unrest, statutory provisions, lock-outs) which, in the Company’s reasonable opinion, prevents the Company from maintaining an orderly market in one or more of theInstruments;
8.3. The suspension, liquidation or closure of any market or the abandonment or failure of any event to which the Company relates itsQuotes, or the imposition of limits or special or unusual terms on the trading in any such market or on any such event.
8.4. In case the Company determines in its reasonable opinion that a Force Majeure Event exists (without prejudice to any other rightsunder the Agreement) the Company may without prior Written Notice and at any time take any of the following steps:
8.4.1. Increase margin requirements;
8.4.2. Close down any or all Open Positions at the prices which the Company shall consider in good faith to be appropriate;
8.4.3. Suspend or freeze or modify the application of any or all terms of the Agreement to the extent that the Force Majeure Event makes itimpossible or impractical for the Company to comply with them; or
8.4.4. Take or omit to take all such other actions as the Company deems to be reasonably appropriate in the circumstances with regard tothe position of the Company, the Client and other Clients.
9.1. The Client will not proceed and avoid proceeding in any action that could probably allow the irregular or unauthorized access or use ofthe Trading Platform. The Client accepts and understands that the Company reserves the right, at its sole discretion, to terminate or limit hisaccess to the Trading Platform if it suspects that he allowed such use.
9.2. When using the Trading Platform, the Client will not, whether by act or omission, do anything that will or may violate the integrity of the Platform or cause it to malfunction.
9.3. The Client is permitted to store, display, analyse, modify, reformat and print the information made available through the Trading Platform. The Client is not permitted to publish, transmit, or otherwise reproduce that information, in whole or in part, in any format to anythird party without the Company’s consent. The Client may not alter, obscure or remove any copyright, trademark or any other notices that are provided on the Trading Platform.
9.4. The Client agrees to keep secret and not to disclose any Access Data to any third party.
9.5. The Client agrees to notify the Company immediately if he knows or suspects that his Access Data have or may have been disclosed to any unauthorized person.
9.6. The Client agrees to co-operate with any investigation the Company may conduct into any misuse or suspected misuse of his Access Data.
9.7. The Client accepts that he will be liable for all Orders given through and being logged in under his Access Data and any such Orders received by the Company shall be considered as received from the Client.
9.8. The Client acknowledges that the Company bears no responsibility for any unauthorized third persons obtaining access to information, including logins, passwords, electronic currency accounts access, emails, electronic addresses, electronic communication and personal data, when the above are transmitted, using the internet or other network communication facilities, post, telephone, during oral or written conversation or any other means.
9.9 The client unconditionally guarantees that the source of the funds used for trading with Marketfxm is legal and the funds were not received as a result of any illegal activity, fraud, money laundering or other illegal sources. Failure to comply with this rule will lead to account termination and a report to the legal authorities in all cases without exceptions. IN NO CIRCUMSTANCES the company or itspartners and/or subsidiaries will bear any responsibility for any claims or complaints if such case arises.
10.1. The Company has the right to suspend the Client’s Trading Account at any time for any good reason with or without Written Notice to the Client.
10.2. If the Balance of the Client’s Trading Account equals zero, the Company has the right to delete such Trading Account in 60 days after the last trading or monetary operation was performed in this account with or without Written Notice to the Client.
10.3. In the event that a situation arises that is not covered by the Agreement, the Company will resolve the matter on the basis of good faith and fairness and, where appropriate, by taking such action as is consistent with market practice.
10.4. In case any term of the Agreement (or any part of it) shall be held by a court of competent jurisdiction to be unenforceable for any reason then such term shall, to that extent, be deemed severable and not form part of this Agreement. However, the enforceability of the remainder of the Agreement shall not be affected.
10.5. The Client may not assign, charge or otherwise transfer or purport to assign, charge or otherwise transfer the Client’s rights or obligations under the Agreement without prior written consent of the Company and any purported assignment, charge or transfer in violation of this term shall be voided.
10.8. Where the Client comprises two or more persons, the liabilities and obligations under any agreement with the Company shall be joint and several. Any warning or other notice given to one of the persons which form the Client shall be deemed to have been given to all the persons who form the Client. Any Order given by one of the persons who form the Client shall be deemed to have been given by all the persons who form the Client.
10.9. The Client accepts and understands that the Company’s official language is English and the Client should always read and refer to the English Version of the Company’s Website for all information and disclosures about the Company and its activities. Translation or information provided in languages other than English in the Company’s local websites is for informational purposes only and does not bind the Company or has any legal effect whatsoever. The Company shall not bear any responsibility or liability regarding the correctness of the information therein.