NexiTrade - Terms & Conditions
These Terms are applicable from the 1st of April 2017.
Welcome to the website of NexiTrade (referred to in these Terms of Service as ‘this site’ or ‘the site’). NexiTrade is a trade name of Force International CVBA, with registered ofﬁces at 2260 Westerlo (Belgium), Olenseweg 375 and with registration number 0647.631.485.
Please note that all references to ‘NexiTrade’ or to ‘we’, ‘us’ or ‘our’ on this site are to be construed as references to Force International CVBA.
These Terms of Service apply to the service (also future) which NexiTrade provides through this site and to all of the products of NexiTrade. If you do not agree to these Terms of Service, you are not allowed to register as a client/member/user of the Service.
NexiTrade may change these terms and conditions at any time, with or without notice to you. Any changes will take effect on the date they are posted on this site. Your terms and conditions shall not be applicable and shall not be opposable to us.
LANGUAGE OF THE TERMS
Where NexiTrade has provided you with a translation of the English language version of these Terms of Service, then you agree that the translation is provided for your convenience only and that the English language versions of these Terms of Service will govern your relationship with NexiTrade.
If there is any contradiction between the English language version of these Terms of Service and the translation, then the English language version shall take precedence.
The products offered by this site allow registered clients/members to use all of the applications of the multifunctional platform. The service includes certain communications such as service announcements and commercial advertisements. Since these kind of communications are part of the registration, you speciﬁcally agree herewith, which means that you will not opt out of receiving them.
NexiTrade is constantly innovating in order to provide the best possible experience for its members. NexiTrade therefore reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service with or without notice to you. We shall not be liable to you or any third party if we exercise this right to modify, suspend or discontinue the service.
As part of this continuing innovation, you acknowledge and agree that NexiTrade may stop (permanently or temporarily) providing the service (or any features within the service) to you or to all members generally at NexiTrade’s sole discretion, without prior notice to you.
In order to be able to use the service you need to have access to the Internet and you need to ensure that your mobile network operator supports data trafﬁc delivery. It is your responsibility to provide for all equipment necessary to access the service and/or this site.
Although the service is free of charge, access to the service most likely will involve third-party fees (ISP, telecommunications operator, etc.). We are not responsible for what they charge nor for the payment of such fees. Your operator/carrier is in every respect solely responsible for the services it provides to you.
MONEY MANAGEMENT AND LICENSING
‘FOREXMAX LTD is a UK limited company, authorized and regulated by the FCA (Financial Conduct Authority) with firm reference number 229906, established in 2003 and offers money management services on FX and CFD’s. FOREXMAX LTD offers various levels of managed account services to suite risk profile of most clients.
FOREXMAX LTD does not hold client funds. In order to become a client, you would have to open your own trading account at one of the UK FCA regulated brokerage companies and deposit your funds with them, provide Forexmax with a Limited Power Of Attorney, so that FOREXMAX LTD can trade on your behalf. The set up is unique and 100% transparent. You will be able to see your trading statement via online access. This is provided by the Broker that you have opened your account with.
INFINOX is the MT4 trading platform provider and the firm authorised to hold client money. INFINOX CAPITAL LTD is a company registered in England and Wales under number 0684853 and is authorized and regulated by the FCA (Financial Conduct Authority) under register number 501057 since 2009.’
ELIGIBILITY FOR THE SERVICE
If you are under the age of 18 you are not eligible to register as a member and/or use the Service. If you are older than 18 and a minor following your local legislation, you will need to obtain consent from your parent(s) or other legal guardian(s) for registering as a member of the service.
By registration you conﬁrm that these Terms of Service are unambiguously clear to you, that you understand and agree to these Terms of Service and that you are of legal age to form a binding contract or obtained consent from your parent(s) or other legal guardian(s) for registering as a member.
You commit yourself to keep your registration information up to date, including, but not limited to, contact information, in order to enable proper and accurate Service.
Upon registration as a member you will be assigned a member account with your personal member name and password. Your registration is personal and cannot be transferred.
You agree and understand that you are responsible for maintaining the conﬁdentiality of your passwords associated with any account you use to access the Service.
You may not use anyone else’s account at any time or permit anyone else to use your account. Actions taken using your valid member name and/or password, are assumed by us to be taken by you and thus you are personally responsible for such actions. If your member name and/or password is compromised, or if you become aware of any unauthorised use of your account or other breach of security, you are responsible for promptly notifying us by emailing to firstname.lastname@example.org.
You may at any time terminate your account via email@example.com. Please note that after termination you will no longer have access to the Service.
By providing us with personal data (your name, password and email address), you consent to us collecting and processing this information for execution of the Service, like for customer care services or sending announcements.
NexiTrade will take all reasonable precautions to keep these details secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
You acknowledge and agree that we disclose this information in response to a valid order of a court or other governmental body, to enforce these Terms of Service, or to respond to claims regarding this information.
If you need to update your contact information, and you need help, please contact us at firstname.lastname@example.org.
USE OF THE SERVICE
You agree to use the Service only for purposes that are permitted by (a) these Terms of Service and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
You agree not to access (or attempt to access) the service by any means other than through the interface that is provided by NexiTrade, unless you have been speciﬁcally allowed to do so in a separate agreement with NexiTrade. You speciﬁcally agree not to access (or attempt to access) the service through any automated means (including use of scripts or web crawlers).
Further, concerning the use of the Service and this site, you understand and agree, and are solely responsible for:
- not to register with, or otherwise use, a false e-mail address, impersonate any person or entity, falsely state or otherwise misrepresent your aﬃliation with a person or entity, use another members password, forge headers or otherwise manipulate identiﬁcation information;
- not to make any recommendation or send invitations to register as a member to non- members who are under the age of 18.
- not to use the Service for illegal purposes or to suggest or encourage any illegal activity including without limitation: engaging in phishing or otherwise obtaining ﬁnancial or other personal information in a misleading manner or for fraudulent or misleading purposes;
- to comply with all local rules regarding online conduct and acceptable content;
- not to upload, transmit or otherwise make available any Content (being data or materials like widgets, software, graphics, messages, photographs, etc.) that we may reasonably deem to be unlawful, misleading, harmful, a tool to stalk or harass another person, fraudulent, obscene, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, or violates or infringes any intellectual property right of others;
- acquire a prior consent for any link or reference to a third party;
- not to disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- not to upload, transmit or otherwise make available any Content that contains viruses or any other computer code, ﬁles or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- not to interfere with, compromise or disrupt the Service, this site, or servers or networks connected to the Service, whether by allowing intruders into the same, introducing viruses or other threats, imposing a disproportionate or unreasonably large load on this Site or its infrastructure, or using any computer programming routine, ﬁle or device to damage or interfere with the operation of the Site or Service;
- not to upload, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, bulk e-mail, junk mail, spam, chain letters, pyramid schemes, or any material that enables such;
A public forum is subject to many kinds of diﬀerent members/users of diﬀerent age and level of experience and we are not able to guarantee full monitoring of the material posted and published.
Your use of public forum is therefore at your own risk and you are solely responsible for all and any actions you take on a public forum as well as for all and any actions that you take based on information gained on a public forum.
Further, we advise you not to use your full real name or give out your detailed address, phone number or any other personally identiﬁable information about yourself or anybody else on a public forum.
By submitting ideas or suggestions you acknowledge and agree that this information is not conﬁdential or proprietary and that we shall be entitled to use or disclose (or choose not to use or disclose) such information for any purpose, in any way, in any media worldwide and that you are not entitled to any compensation or reimbursement of any kind under any circumstances.
The Service may provide, or third parties may provide, links to other websites on the world wide web operated and owned by third parties. Because we have no control on such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources or liable for any material from such sites or resources. We recommend you upon following a link to a third-party site, to review the applicable terms and conditions for that site before using the site. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any goods or services available on or through any such site or resource.
NO WARRANTY ABOUT THIS SITE AND SERVICE
THE SITE AND SERVICE ARE PROVIDED AS A CONVENIENCE TO YOU. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS.
WE DO NOT WARRANT THAT THE USE OF THE SITE AND SERVICE OR ANY WEBSITE LINKED THERETO WILL BE TIMELY, SECURE, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE.
YOU UNDERSTAND AND EXPRESSLY AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED, UPLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE OR THIS SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR HANDSET OR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR UPLOAD OF SUCH MATERIAL AND/OR DATA.
NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE IN RELATION TO THE CONDITION, SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, MERCHANTABILITY, AND/OR NON-INFRINGEMENT OF ANY SERVICES PROVIDED HEREUNDER, YOUR OWN EQUIPMENT, THE INTERNET ITSELF, ANY PUBLIC LINES AND/OR OPERATOR/CARRIER NETWORKS.
LIMITATION OF LIABILITY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, NON-AVAILABILITY OF THE SITE AND SERVICE, TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR ANY OTHER MATTER RELATING TO THE SERVICE OR SITE.
SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. OUR LIABILITY IS IN SUCH CASE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
NO WARRANTY ABOUT THE CONTENT
YOU ACKNOWLEDGE THAT ALL CONTENT ACCESSIBLE OR TRANSMITTED THROUGH THIS SITE OR THE SERVICE ARE THE SOLE RESPONSIBILITY OF THE PERSON FROM WHICH SUCH CONTENT ORIGINATED. THIS MEANS THAT YOU, AND NOT WE, ARE SOLELY RESPONSIBLE FOR ALL CONTENT THAT YOU UPLOAD, DOWNLOAD OR OTHERWISE TRANSMIT OR ACCESS VIA THE SERVICE OR THIS SITE.
WE DO NOT HAVE ANY OBLIGATION TO CONTROL OR MONITOR THE CONTENT POSTED OR OTHERWISE TRANSMITTED VIA THE SERVICE OR THIS SITE AND AS SUCH DO NOT GUARANTEE THE ACCURACY, USEFULNESS, SAFETY, INTELLECTUAL PROPERTY RIGHTS, INTEGRITY OR QUALITY OF SUCH CONTENT.
LIMITATION OF LIABILITY CONCERNING THE CONTENT
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING BUT NOT LIMITED TO, FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR OTHERWISE TRANSMITTED VIA THE SERVICE OR SITE, OR FOR YOUR OWN DISCLOSURE OF PERSONAL DATA OR MATERIALS ON THE SITE, ACCESSIBLE FOR MEMBERS OR VISITORS.
You agree to indemnify and hold NexiTrade and its afﬁliates, partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you have submitted or transmitted through the service or this site, your use of the service, your connection to the service, your violation of these Terms of Service, or your violation of any rights of another, including other members.
NexiTrade has the discretionary right to suspend or terminate your right to use the site or the service without prior notice and at any time in case you breach these Terms of Service, use this site in a way that we deem inappropriate.
CANCELLING THE SERVICES
You may cancel a Service at any time, with or without cause. To cancel a Service and request a refund, if you are entitled to one, please read the refund policy, here below.
You can ask for a refund within 14 days from its purchase (when you’ve made a purchase), but only if you haven’t used a purchased software product or made any profit on it from yourself and/or your teammembers. Refunds are only possible when you live in the EU. Promotional offers are non-refundable. After this 14 day period, unless otherwise provided by law or by a particular Service offer, all purchases are final and non-refundable.
If you believe that Force International CVBA has charged you in error, you must contact us within 90 days of such charge. No refunds will be given for any charges more than 90 days old. We reserve the right to issue refunds at our sole discretion. If we issue a refund, we are under no obligation to issue the same or similar refund in the future. This refund policy does not affect any statutory rights that may apply.
If you need any assistance doing this, please contact our support center at email@example.com.
A. Trial period offers: If you are taking part in any trial-period offer, you must cancel the trial Service(s) by the end of the trial period to avoid incurring new charges, unless we notify you otherwise. If you do not cancel the trial Service(s) by the end of the trial period, we may charge you for the Service(s).
B. Promotional Offers: From time to time, NexiTrade may offer Services for a trial period during which NexiTrade will not charge you for the Services. But NexiTrade and Force International CVBA reserve the right to charge you for such Services (at the normal rate) in the event that NexiTrade determines (in its reasonable discretion) that you are breaching the Terms and Conditions of the offer.
If you purchase a Service, then these payment terms apply to your purchase and you agree to them.
A. Charges: If there is a charge associated with a portion of the Services, you agree to pay that charge. The price stated for the Services excludes all applicable taxes and currency exchange settlements, unless stated otherwise. You are solely responsible for paying such taxes or other charges. Taxes are calculated based on your location at the time your TradeLand/NexiTrade account was registered. We may suspend or cancel the Services if we do not receive an on time, full payment from you. Suspension or cancellation of the Services for non-payment could result in a loss of access to and use of your account and its content.
B. Your Billing Account: To pay the charges for a Service, you will be asked to provide a payment method (this can be credits, cash, crypto currencies etc.) at the time you sign up for that Service. You can access and change your billing information and payment method per product, on the specific websites for those products. Additionally, you agree to permit Force International CVBA to use any updated account information regarding your selected payment method provided by your issuing bank or the applicable payment network. You agree to promptly update your account and other information, including your email address and payment method details, so we can complete your transactions and contact you as needed in connection with your transactions. Changes made to your billing account will not affect charges we submit to your billing account before we could reasonably act on your changes to your billing account.
C. Billing: By providing Force International CVBA with a payment method, you represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; (ii) authorize NexiTrade to charge you for the Services or available content using your payment method; and (iii) authorize NexiTrade to charge you for any paid feature of the Services that you choose to sign up for or use while these Terms are in force. We may bill you (a) in advance; (b) at the time of purchase; (c) shortly after purchase.
D. Price Changes: We may change the price of the Services at any time. If there is a fixed term and price for your Service offer, that price will remain in force for the fixed term.
You acknowledge and agree that the Service and any necessary software used in connection with the Service (‘Software’) is protected by intellectual property and other laws.
You further acknowledge and agree that information contained in sponsor advertisements presented to you through the Service is likewise protected by proprietary and other laws.
You agree to respect these rights and not to modify, reproduce, distribute or create derivative works based on the Service, the Software or information contained in sponsor advertisements, in whole or in part, except in accordance with these Terms of Service and the following.
You may browse the Site on your computer or mobile terminal or other similar devices, as applicable, or printing copies of extracts from these pages for your personal use only and not for redistribution.
NexiTrade is a registered trademark of Force International CVBA.
Other Product and company names mentioned on this site may be trademarks or trade names of their respective owners. Your access to this site does not grant you, by implication or otherwise, any license or right to use any marks appearing on the site.
We may remove any information, including but not limited to personal data or data, material or content provided by any of the members, any other data or material at any time and from time to time, at our sole discretion. We shall have no obligation to monitor any of the material provided by you to us and/or to the site and Service, but may do so at our discretion.
If you breach these Terms of Service and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach them.
In the event that one or more of the terms set out in these Terms of Service is held to be invalid by a competent authority, the remaining terms shall continue to have effect and you will still be bound by them.
STATUTE OF LIMITATIONS
Regardless of any statute or law to the contrary, any claim or cause of action arising out or related to the use of the Service or this site, or these Terms of Service, must be filed within six (6) months after such claim or cause of action arose or be forever barred.
APPLICABLE LAW AND COMPETENT COURTS
You acknowledge that the Service is offered through this site with main webserver situated in the Netherlands. You and we agree that this Agreement is governed by the Laws of Belgium, excluding its conflicts of law rules.
You and we also agree to submit to the exclusive jurisdiction of the Courts of Hasselt (Belgium) for all disputes out or in connection with the Service and arising out or in connection with these Terms of Service.
Risk Warning: You should know that trading foreign exchange (forex) and contracts for difference (cfds) carries a high level of risk to your capital including losing more than your initial deposit. Forex and cfds are leveraged products and the effect of leverage is that both gains and losses are magnified. The past performance of a financial instrument is no guarantee or indicator of future performance. Trading forex and cfds may not be suitable for all investors, so please ensure that you fully understand the risks involved, and seek independent financial advice if necessary. You should only trade forex if you have sufficient investing experience and knowledge, a thorough understanding of the risks involved and if you are dealing with money that you can afford to lose.
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