These Terms & Conditions (hereinafter referred to as the “Agreement”) shall regulate the relations between TorexFX 42 Marketing Limited, hereinafter referred to as the “Company”, and the User (a physical or legal entity) (hereinafter referred to as the “Client”) of www.torexfx.com (hereinafter referred as the “Website”).
Service – services described in section 3 of this Agreement.
Operation – action performed at the Client’s Account, connected with but not limited to crediting of funds, return of funds, opening and closing of trade transaction.
Account – unique personified register of accounting of transactions/operations on the trade platform of the Company.
The subject of the Agreement herein shall be provision of services to the Client by the Company based on the Agreement herein.
The Client shall unambiguously admit terms and conditions of the Agreement herein by making an advance payment to the Account. Each operation performed by the Client on the trade platform shall become the subject of the Agreement herein and other documentation/information on the Website since the Client’s acceptance of conditions of the Agreement.
Notwithstanding that provisions of the Agreement herein shall be subject to laws of the Republic of Cyprus regulation and for avoidance of any doubt, the Service provided to the Client by the Company shall not be considered as gambling and not be considered as wagering according to the definitions given by low
Services of the Company – services provided by means of trade platform of the Company.
Services of the Company comprise use of trading platform of the Company, customer support, analytics, news and marketing information.
The Company shall fulfill trade operations of the Client.
The Company does not provide trust services and consultations on trading. The Company can conduct trading operations of the Client even in case such trading operation may be unprofitable for the Client.
The Company shall not be financially liable for the results of the Operations conducted by the Client.
The Client is the only authorized user of the Company’s services. The Client is irreplaceable subject of legal relations emerging from the provisions of the Agreement herein. Client’s rights cannot be delegated, and obligations cannot be imposed on another person.
The Client must be a private person, the Client personally fulfilled the registration form and is an adult, legally capable citizen, not resident or citizen of USA and Israel.
No person but the Client has rights of claim or obligations regarding Operations conducted by the Client on the Website. If the Client acts on behalf of somebody’s name, the Company shall not accept this person as a Client and shall not be liable before this person regardless if such person was identified or not.
The Client has the right to cancel his order given to the Company within 3 seconds after the moment of giving such order to the Company (hereinafter referred to as the “Cancellation”). Three seconds from the moment of giving the order to the Company by the Client via the platform, the Company may (but is not obliged to) offer to buyout the option from the Client and the Client have the right to agree to such offer.
The Client is entitled to use such Cancellation or Buyout option subject to the conditions specified on the Company’s website and/or the platform. Such conditions can also include the fee charged by the Company. Such fee is specified on the platform.
The Company is obliged to provide all necessary information as to the conditions of Cancellation and Buyout, their cost, etc. The Client acknowledges and agrees that provision of such information on the platform is sufficient. The Client acknowledges and agrees that the use of Cancellation or Buyout is very risky to the Client as long as the cost of Cancellation and/or Buyout depends on the market situation. The Client acknowledges and agrees that he bears all the risks associated with the use of Cancellation and/or Buyout.
It is understood and agreed by the Client that the Company may from time to time and at its discretion, utilize a third party to hold its client funds, for the purpose of offering additional security to the Client’s funds. These funds will be held in segregated accounts from the Third Party’s own funds and will not affect the rights of the Client to their funds.
The Client shall be entitled to:
The Client shall be obliged to:
The Client shall guarantee to:
The Company shall be entitled to:
In regards to any obligations and situations not covered by the Agreement provisions herein the Company has a right to act at its own discretion in accordance to business customs and existing practice.
Obligations of the Company:
Accepting provisions of the Agreement herein, the Client grants his/her consent to process the personal data provided by the Client, both without use of automatic controls, and with its use. Under the personal data for the purposes of this Agreement the parties mean: Name, Surname and Patronymic, gender, address, phone number, e-mail, IP address of the Client and the information which concern the provision of services to the client (the trade story).
The Client shall be obliged to provide truthful, exact and complete information according to the personal data about the Client requested by the Company.
The purpose of processing the personal data shall be fulfillment of the regulating legislation requirements as well as obligations before the Client and other subjects of the personal data within the fulfillment of the Agreement herein.
During processing of the personal data the Company shall be entitled to collect, record, systematize, accumulate, store, adjust (update, change), extract, use, transfer (disseminate, provide, access), anonymize, block, delete, destroy and perform any other actions according to the current regulating legislation.
Storage and processing of the personal data of the Client can be fulfilled by the Company during the term of the Agreement, as well as within 5 years after termination of the Agreement herein.
The Client shall admit and confirm that in case the need to provide the Personal data to fulfill the purposes of the Agreement to the third party as well as in case of engaging of the third parties to render services for the specified purposes, the Company shall be entitled to disclose the information about the Client in the necessary amount to fulfill the actions mentioned above, including the Personal data to such third parties, their authorized representatives as well as to provide documents for such persons which contain such information.
The Company shall not be entitled to include the Personal data of the Client in the public information sources with the exception of cases provided by the regulating legislation.
During processing of the Personal data of the Client the Company shall take necessary legal, organizational and technical measures to protect the Personal data from unauthorized or accidental access, destruction, change, blocking, copying, provision, and dissemination as well as from other illegal actions regarding the Personal data of the Client.
The Client has read, understood and accepted the risk statement due to use of Service on the Website as well as the information which is published on the Website of the Company.
The Company shall be entitled to receive the fee from the Client regarding the Service(s), provided by the Company. Accepting the Agreement herein, the Client shall agree that he or she shall be obliged to compensate the fee to the Company for bank transfer in the amount not more than 50 Euro in case of bank transfer by the Company in favor of the Client (hereinafter referred to as the “Transfer fee”).
The Client shall authorize the Company to withdraw the fee for transfer from the Client’s Account.
In case if none of the Operations (hereinafter referred to as “Inactive Account”) are fulfilled on the trade platform of the Company by the Client for 90 (ninety) calendar days in a row, the Company shall be entitled to apply the service fee for Inactive Account in the amount of 50 Euro to unused balance of the Client’s account. Such annual fee shall be not more than the total balance of the Client’s Account.
The provisions of the Agreement herein shall be regulated by the legislation of the Republic of Cyprus.
Regarding the provisions of the Agreement herein the Client shall agree with the jurisdiction of courts of the Republic of Cyprus.
All disputable situations shall be resolved according to the laws of the Republic of Cyprus.
The Company shall be entitled to use the interpreters’ services during the court trial in case of dealing with disputable situation according to the legislation of the Republic of Cyprus.
The Agreement herein shall be concluded for the uncertain term.
The Agreement herein shall come into force when the Client makes an advanced payment to the Company. In case of any discrepancies between the text of the Agreement herein in Russian and in English, the text of Agreement in Russian shall prevail in comparison with version of the Agreement herein and appropriate documents in other languages.
The Agreement herein shall be terminated when the Client’s Account is blocked.
The Company has a right to terminate the Agreement immediately without prior notice if it becomes known that the Client:
In case of termination of the Agreement herein due to reasons specified in section 9.4, the Company shall not be financially obliged to the Client.
The Client shall agree to make a deposit to his/her Account to use the Company Services or any other additional services ordered by the Client on the Website as well as all additional expenses (if necessary), including but not limited to any taxes, duties, etc. The Client shall be completely responsible for timely depositing of his/her Account. Provider of payment services shall ensure only fulfillment of payment in the amount defined by the Site and shall not be liable for payment of the above-mentioned additional amounts by the Website’s Client.
The payment is considered to be processed and cannot be returned after clicking the “Payment” button. By clicking the “Payment” button, the Client shall agree that he/she cannot return the payment or require its recall. Additionally, by accepting the terms of the rules herein (and/or Rules and Conditions), the Client as the owner of the payment card confirms that he/she shall be entitled to use the Services offered on the Website.
In case if the Client uses the Services of the Website, the Client shall confirm that he/she became of legal age or beyond, that is legally allowed in the residence/jurisdiction of the Client in order to use the Services provided by the Website.
When starting to use the Services, the Client shall be legally liable for fulfillment of the legislation of any country where this Service is used and shall confirm that provider of payment services shall not be in any case liable for any such illegal or unauthorized violation.
Agreeing to use the Website’s Services, the Client shall understand and accept that processing of any of the Client’s payment shall be fulfilled by the provider of payment services and no legal right exists for return of already purchased Services or other options of payment cancellation. In case if the Client is willing to refuse from using of the 1-Click service for the next purchase of the Service, the Client can refuse from 1-Click service using the Account on the Website.
The Provider of the payment services shall not be in any case liable for refuse/impossibility to process the data connected with payment card of the Client, or for refuse connected with failure to obtain permission from the issue bank to process payment using the payment card of the Client.
The Provider of payment services shall not be in any case liable for quality, amount, and price of any service, offered to the Client or purchased by the Client of the Website using the payment card of the Client. Paying for any Services of the Website the Client first of all shall be obliged to fulfill the rules of using the Website of the Company.
We are asking to consider that only the Client as the owner of the payment card shall be liable for timely payment of any service ordered via the Website and for all additional expenses/fees connected with this payment. The Provider of payment services shall only be the performer of payment in the amount specified by the Website and shall not be in any case liable for any additional fees and pricing.
In case of the situation connected with the Client’s dissent with the terms mentioned above and/or any other reasons, we are asking the Client to promptly refuse from making a payment and to directly address the administrator/support of the Website if necessary.
Annex 1 to Terms and Conditions
Processing of Trade Requests and Orders
Processing of Client requests and orders has the following structure:
The time of the process may vary and depends on the quality of the communication between the trading platform and the server of the Company, as well as on the market conditions. In normal market conditions the time of the process usually varies between 0-4 seconds.
In market conditions that differ from normal, the time of Client request and order processing can be higher than that.
The server of the Company may refuse to the Client request in the following cases:
When using the trading platform, it is allowed to use only one tab of the browser. In case of using several tabs of the browser the results of trade can be corrected and/or cancelled.
The client acknowledges that the only reliable source of quote flow information is the main server for Customer requests. The quotes on the trading platform cannot serve as a reliable source of information about the real quotes flow, as in the case of unstable connection between the trading platform and the server part of the quotes from the flow may not reach the trading platform.
The graphs displayed on the trading platform are indicative. Thus, the Company does not guarantee that the transaction will be made at the same prices specified on the graph in the trading platform at the time of submission of the other Customer transactions.
The price displayed on the trading platform is formed by the formula (Bid+Ask)/2
Non-market quote – the price in the trading platform which does not correspond to the price on the market at this moment of time (hereinafter referred to as the “Non-market price”).
In case if the Company fulfilled the Client’s request for Non-market quote, the following shall be imposed on the Company’s duty:
In case of position closing – correction of the financial result between incorrect closing of the position and closing according to real market price corresponding to the closing moment of transaction according to Non-market price;
In case of position opening – the Company reserves the right to cancel the financial result regarding such position.
Closing of trading position occurs at the current price at the trading server at the moment of closing of the trading operation.
OTC Asset or “over the counter” is an asset that traded out of the regular market (hereinafter referred to as the “Asset”).
The Asset’s price is formed from data for trade requests and orders of the Clients, received by the Company.
The Client acknowledges that by making trade requests and orders on such Asset, he/she understands the essence of the work of such an Asset and the pricing algorithm of the Asset.
The Client acknowledges that by making trade requests and orders on such Asset, he/she admits that the only reliable source of quoting information is the main server for the trade orders of the Clients.
In the event that the Company discovers fraud schemes such as:
and in case of reasonable suspicion of the Company regarding the fraud schemes, mentioned above, the Company shall be entitled to block the Client’s account without prior notice and without the possibility of further money withdrawal and/or entitled to unilaterally terminate the Agreement in the extrajudicial procedure.
In order to get registered at torexfx.com, the Client shall provide certain identifying details, including, inter alia, to prevent Money Laundering.
The Client shall provide true, accurate and updated information on his identity and shall not misrepresent himself to be another individual or legal entity. Any changes in the Client’s identifying details shall be notified to the Company immediately and in any case no later than the 7th day from the date of such changes.
The Client’s details that are provided and/or will be provided by the Client during his/her activity at torexfx.com may be used by the Company for sending the Company’s advertising content to the Client, unless the Client removes the mark approving the Company to do so. Such removal can be done when (i) opening an account or (ii) when receiving such advertising content or (iii) by logging in and going to My Account > Personal Details. The Client may also send to the Company, at any time, an e-mail to the support team of the Company asking the Company to cease from sending such advertising content. The aforesaid mark removal and/or e-mail receipt by the Company will oblige the Company to cease sending advertisement content to the Client within seven business days.
The Client’s details that are provided and/or will be provided by the Client during his/her activity on the site may be disclosed by the Company to official authorities. The Company will make such disclosure only if required to be disclosed by the Company by applicable law, regulation or court order and to the minimum required extent.
Non-confidential information on the Client may be used by the Company in any advertising materials.
As a precondition for performing online transactions, the Client may be asked to provide certain identifying documents and any other documents required by the Company. If such documents are not provided, the Company can, at its sole discretion, freeze the Client’s Account for any period of time as well as to permanently close the Account.
Without prejudice to the above, the Company may, at its sole discretion, refuse to open an Account for any person or entity and for any reason, or for no reason.
In case a person gets registered at torexfx.com on behalf of a corporation or other business entity, such registration shall be considered as a representation by such person, and such person is authorized to bind the corporation or other business entity.
The Company shall not divulge any private information of its Clients and former Clients unless the Client approved in writing such disclosure or unless such disclosure is required under applicable law or is required in order to verify the Client’s identity.
The Clients’ information is passed only to employees of the Company dealing with Client’s Accounts. All such information shall be stored on electronic and physical storage media according to applicable law.
The Client confirms and agrees that all or part of the information concerning the Client’s Account and Transactions will be stored by the Company and may be used by the Company in case of dispute between the Client and the Company.
At its sole discretion, the Company may, but is not obliged, to review and inspect any information provided by the Client, for any purpose. It is manifestly stated, and by its signature hereunder the Client also agrees, that the Company holds neither commitment nor responsibility to the Client due to any aforesaid review or inspection of information.
The Company will take measures to implement advanced data protection procedures and to update them from time to time for purpose of safeguarding the Client’s private information and Accounts.
Upon registration with the Company, the Client will be asked to choose a username and password to be used by the Client on each future login and for the performance of Transactions and use of the Company’s Services. In order to protect the Client’s privacy and operation with torexfx.com, sharing registration details (including without limitation, username and password) by the Client with other persons or business entities is strictly prohibited.
The Company shall not be held responsible for any damage or loss caused to the Client due to improper use (including prohibited and unprotected use) or storage of such username and password, including any such use made by a third party, and whether or not known to the Client.
Any use of torexfx.com with the Client’s username and password is Client’s sole responsibility. The Company shall not be held responsible for any such use, including for validation that Client is actually operating in his/her Account.
Client is obliged to forthwith notify the Company’s client service of any suspicion for unauthorized use of the Account.
The Company does not store or collect any Credit Card data.
In accordance with the recommendations of Payment Card Industry Security Standards Council, customer card details are protected using Transport Layer encryption — TLS 1.2 and application layer with algorithm AES and key length 256 bit.
Definition: A cookie is a small amount of data that often includes a unique identifier that is sent to your computer or mobile phone (referred to here as a “device” browser from a website’s computer and is stored on your device’s hard drive for tracking site usage. A website may send its own cookie to your browser if your browser’s preferences allow it, but, to protect your privacy, your browser only permits a website to access the cookies it has already sent to you, not the cookies sent to you by other websites. Many websites do this whenever a user visits their website in order to track online traffic flows. A Client may choose to configure their browser to reject cookies by modifying their browser settings or preferences.
Our cookies policy: During the course of any visit to torexfx.com website, the pages viewed, along with a cookie are downloaded to the Clients device. Cookies stored may determine the path the Client took on our site and used to anonymously identify repeat users of the website and what pages were most popular for Clients.
The Company protects the Client’s privacy by not storing the names, personal details, emails, etc. Using cookies is an industry standard and is currently used by most major Websites. Stored cookies allow torexfx.com website to be more user-friendly and efficient for Clients by allowing the Company to learn what information is more valued by Clients versus what isn’t.
The Company is financially responsible for the clients account balance in any particular moment.
Company’s financial responsibility starts with the first record about customer’s funds deposit and continues up to the full withdrawal of the funds.
The client has the right to demand from the Company any amount of funds which is available in his account at the time of the enquiry.
The only official methods of deposits/withdrawals are the methods which appear at the company’s official website.
The client is taking all the risks related to the usage of the payment methods. This as to the fact that the payment methods are not company’s partners and not in company’s responsibility.
The company isn’t responsible for any delay or cancellation of funds transaction which was caused by the payment method. In case that the client has any claims related to any of the payment methods, it’s in his responsibility to contact the support of the particular payment method and to notify the company about those claims.
The Company shall not be responsible for the activities of any third-party service providers, which the costumer may use in order to make any deposit/withdrawal. The Company’s financial responsibility for the Client’s funds starts at the moment the funds arrive to the Company’s bank account or any other account related to the Company and that appears at Payment Methods page of the website.
In case any fraud appears during the financial transaction or after it, the Company reserves the right to cancel the transaction and to freeze the Client’s account.
The Company’s responsibility as to the Client’s funds ends at the time the funds leave the Company’s bank account or any other account related to the Company and that appears at Payment Methods page of the website.
In case of any technical mistakes which may appear at the time of financial transaction the company saves the right to cancel those transactions and all other client’s financial activity at the company’s website.
Client’s registration is based on two main steps:
In order to complete the first step, the client must:
In order to complete the second step, the company must demand and the client must:
The company reserves the right to demand from the client other documents such as payment bills, bank confirmation, bank card scans or any other document that may be necessary during the identification process.
The identification process should be completed in 10 business days since company`s request to identify the client. In some cases, the company may increase the identification process up to 30 working days.
In order to make a deposit the client has to make an enquiry from his “personal cabinet”. In order to complete the enquiry, the client has to choose any of the payment methods from the list, fill all the necessary details and to continue to the payment page.
Processing time of the enquiry depends on the payment method and may vary from one method to another, the company cannot regulate the processing time:
The company is not a tax agent and therefore shall not provide clients’ financial information to any third parties. This information shall not be disclosed unless officially requested by government authorities.
You agree to pay for all goods and/or services or other additional services you ordered through the Website, as well as for any additional expenses (if necessary), including, but not limited, all possible taxes, charges, etc. You take full responsibility for timely payments for Website.
Payment service provider only facilitates a payment for the amount indicated by the Website, and it is not responsible for paying by user of the Website the aforementioned additional funds/expenses.
After clicking the “Pay” button the transaction is irrevocably deemed to be processed and executed. After clicking the “Pay” button you agree that you will not be eligible to cancel the payment or request to cancel it. By placing the order on the Website, you confirm and state that you do not violate legislation of any country. Also, by accepting these Rules (and/or Terms & Conditions), you, as cardholder, confirm that you are entitled to use Services offered via the Website. In case you use Website’s services, offering such specific services as gaming services, you make legally binding declaration that you have reached or surpassed the legal age, which is considered as such by your jurisdiction in order to use Services provided by the Website.
By starting to use the Website’s Services you take legal responsibility for not violating the legislation of any country where this Service is being used, and confirm that the payment service provider is not responsible for any such unlawful or unauthorized violation.
By agreeing to use the Website’s Services, you understand and accept that processing of any of your payments are executed by the payment service provider, and there is no statutory right of revocation of already purchased goods and/or services or any other opportunities to cancel the payment.
If you wish to reject to use Services for your next purchases of goods and/or services or other facilities on the Website, you can do that by using your Personal account/profile on the Website.
Payment service provider is not responsible for any failure to process the data related to your payment card, or for the issuing bank’s refusal to provide authorization of the payment with your payment card. Payment service provider is not responsible for the quality, quantity, price, terms or conditions of any goods and/or services or other facilities offered to you or purchased by you from the Website by using your payment card.
When you pay for any of the Website’s goods and/or services, you are primarily bound by the Website terms and conditions. Please note that only you, as the cardholder, are responsible for paying for all goods and/or services you have ordered through the Website and for any additional expenses/fees that can be applied to this payment. Payment service provider acts only as the executor of the payment in the amount stated by the Website, and it is not responsible for pricing, total prices and/or total sums.
In case there is a situation when you do not agree with the aforementioned terms and conditions and/or other reasons, we ask you not to proceed with the payment, and, if necessary, contact directly the administrator/ support of the Website.
To withdraw funds from his/her account, the Client shall submit a withdrawal request from his/her personal profile. In order to fill in the withdrawal request properly, the Client shall choose one of the withdrawal methods shown in the list and specify all the necessary details.
After the Client submits a withdrawal request, such request will be assigned a “Requested” status. When the request is being processed, it has an “In Process” status. After the “In Process” status is assigned, the requested funds will be debited from the Client’s account balance. After the withdrawal request is assigned a “Processed” status, the requested funds will be transferred to the payment system.
Withdrawal requests are processed by the financial department of the Company one-at-a-time. The processing time may vary from 1 business day up to 3 business days. The Company reserves the right to increase the processing time; in such case, the Company shall notify the Client via any contact method specified by the Client in his/her profile.
The Client has the right to withdraw funds only to the payment system that was used to deposit funds to his/her account. In case where it is technically impossible to withdraw funds to the payment system that was used to deposit funds, the payment method shall be chosen by the Company according to the Client’s wishes. In such case, the payment details shall meet the conditions specified by the Client in his/her personal info.
The Client is fully responsible for the information he/she provides to the Company through the withdrawal request.
If the Client uses a bank card for making deposits, withdrawals shall be made to this bank card in the amounts not exceeding the amount deposited within 90 (ninety) calendar days from the last deposit. Withdrawals to bank cards have greater priority than other types of withdrawals.
It is the policy of European soft ltd and its affiliates, (hereinafter “the Company”) to prohibit and actively pursue the prevention of money laundering and any activity that facilitates money laundering or the funding of terrorist or criminal activities. The Company requires its officers, employees and affiliates to adhere to these standards in preventing the use of its products and services for money laundering purposes.
For the purposes of the Policy, money laundering is generally defined as engaging in acts designed to conceal or disguise the true origins of criminally derived proceeds so that the unlawful proceeds appear to have been derived from legitimate origins or constitute legitimate assets.
Generally, money laundering occurs in three stages. Cash first enters the financial system at the “placement” stage, where the cash generated from criminal activities is converted into monetary instruments, such as money orders or traveler’s checks, or deposited into accounts at financial institutions. At the “layering” stage, the funds are transferred or moved into other accounts or other financial institutions to further separate the money from its criminal origin. At the “integration” stage, the funds are reintroduced into the economy and used to purchase legitimate assets or to fund other criminal activities or legitimate businesses.
Terrorist financing may not involve the proceeds of criminal conduct, but rather an attempt to conceal the origin or intended use of the funds, which will later be used for criminal purposes.
Each employee of the Company, whose duties are associated with the provision of products and services of the Company and who directly or indirectly deals with the clientele of the Company, is expected to know the requirements of the applicable laws and regulations which affect his or her job responsibilities, and it shall be the affirmative duty of such employee to carry out these responsibilities at all times in a manner that complies with the requirements of the relevant laws and regulations.
The laws and regulations include, but not limited to: “Customer Due Diligence for Banks” (2001) and “General Guide to Account Opening and Customer Identification” (2003) of Basel Committee of banking Supervision, Forty + nine Recommendations for Money Laundering of FATF, USA Patriot Act (2001), Prevention and Suppression of Money Laundering Activities Law (1996).
To ensure that this general policy is carried out, management of the Company has established and maintains an ongoing program for the purpose of assuring compliance with the relevant laws and regulations and the prevention of money laundering. This program seeks to coordinate the specific regulatory requirements throughout the group within a consolidated framework in order to effectively manage the group’s risk of exposure to money laundering and terrorist financing across all business units, functions, and legal entities.
Each of the affiliates of the Company is required to comply with AML and KYC policies.
All identification documentation and services records shall be kept for the minimum period of time required by local law.
All new employees shall receive anti-money laundering training as part of the mandatory new-hire training program. All applicable employees are also required to complete AML and KYC training annually. Participation in additional targeted training programs is required for all employees with day to day AML and KYC responsibilities.
On our website, it is prohibited to:
Our platform does not assume any responsibility or liability for any advertising and/or promotional activity that is carried out in violation of the above rules.
In our chat rooms it is strictly prohibited to and any user can be banned for:
As a representative of the administration, the moderator must comply strictly with all the rules of conduct in chat rooms and set the pattern for other users.
Before applying any penalties, the moderator must notify the user that he/she has violated the rules of conduct in chat rooms. The moderator reserves the right not to inform the user of his/her violation if the user explicitly insulted another user (users), posted a link to another site, contributed to flooding or repeatedly violated the rules of conduct in chat rooms.