Terms and Conditions of FXMarkets Trade
1. Definitions
In this document, the following terms shall have the meanings indicated below:
Client: The natural or legal person using the services of FXMarkets Trade.
Account: The trading account opened by the Client with FXMarkets Trade.
CFD: Contract for difference.
Platform: Software and electronic systems provided by FXMarkets Trade to operate.
MiFID II: European Directive on markets in financial instruments.
2. Purpose
These Terms and Conditions regulate the access and use of the services offered by FXMarkets Trade, including CFD trading, portfolio management, and use of trading bots.
3. Regulation and License
FXMarkets Trade is authorized and regulated by the Financial Conduct Authority (FCA) of the United Kingdom, license number [number], and complies with current regulations, including MiFID II.
4. Registration and Verification
To use the services, the Client must register and undergo an identity verification process in accordance with KYC and AML policies.
5. Services Offered
Trading CFDs on various assets.
Personalized portfolio management.
Automated trading services through bots.
6. Associated Risks
The Client acknowledges that CFD trading involves significant risks, including total or partial loss of invested capital.
7. Client Obligations
Provide truthful and updated information.
Comply with applicable laws and not use the services for illicit purposes.
Maintain confidentiality of login credentials.
8. Order Execution
Orders will be executed in accordance with FXMarkets Trade’s execution policy, which aims to obtain the best possible result for the Client.
9. Commissions and Fees
FXMarkets Trade will charge commissions and fees detailed in the specific section of the website or contract, which may be modified upon prior notice.
10. Client Fund Protection
Client funds will be segregated and protected in accordance with regulatory requirements.
11. Cancellation and Suspension Policy
FXMarkets Trade may suspend or cancel the Client’s Account for breach of terms, suspicion of fraud, or legal non-compliance.
12. Governing Law and Jurisdiction
These Terms shall be governed by the laws of England and Wales, with exclusive jurisdiction of its courts.
13. Anti-Money Laundering (AML) and Know Your Customer (KYC) Policy
FXMarkets Trade strictly complies with all applicable laws and regulations related to preventing money laundering, terrorist financing, and financial fraud. Accordingly:
The Client must provide valid official documents to verify identity, address, and source of funds.
FXMarkets Trade reserves the right to request additional information at any time to comply with legal obligations.
In case of suspicion of illicit activity, the Company may suspend or close the Client’s Account without prior notice and report to relevant authorities.
The Client undertakes not to use the Services for illegal purposes or in violation of applicable laws.
14. Forum and Jurisdiction
This Agreement shall be governed by the laws of England and Wales. Any disputes or claims arising from it shall be exclusively submitted to the competent courts of the United Kingdom.
The Client accepts the exclusive jurisdiction of such courts and waives any other jurisdiction that may apply.
15. Cookies and Tracking Technology Policy
FXMarkets Trade uses cookies and similar technologies to improve the Client’s experience, analyze traffic, and provide personalized content.
The Client may configure their browser to block or alert about cookies, although this may affect platform functionality.
For more information, see the Privacy and Cookies Policy available on the website.
16. Intellectual Property Rights
All rights, title, and interest in the platform, software, content, trademarks, logos, and other related materials are exclusive property of FXMarkets Trade or its licensors.
Reproduction, distribution, modification, or unauthorized use of such materials without express written permission is prohibited.
17. Disclaimer of Warranties
The Services are provided “as is” and “as available.” FXMarkets Trade does not guarantee uninterrupted, error-free, or completely secure access or use.
The Company shall not be liable for damages arising from technical failures, software errors, interruptions, or delays beyond its reasonable control.
18. Disclosure and Transparency Policy
FXMarkets Trade maintains strict policies to disclose any relevant conflicts of interest that may affect service provision.
It also informs the Client of any incentives, compensations, or commercial relationships that may influence recommendations or order execution.
19. Supervision and Audit Policy
The Company is subject to ongoing regulatory supervision by the FCA and other competent authorities.
This includes periodic internal and external audits to ensure regulatory compliance, security, and operational integrity.
FXMarkets Trade will fully cooperate with any official investigation or inspection.
20. Force Majeure Liability
FXMarkets Trade shall not be liable for failures or delays in service provision caused by events beyond its control, such as natural disasters, wars, governmental acts, technological failures, cyberattacks, or pandemics.
In such cases, the Company will take reasonable measures to minimize impact and timely inform Clients.
21. Special Conditions for Professional vs Retail Clients
In accordance with FCA and MiFID II regulations, FXMarkets Trade classifies its Clients as:
Retail Clients: With greater legal protections and risk limits.
Professional Clients: With less protection but access to more complex products and services.
Clients may request reclassification, subject to evaluation and acceptance by the Company, understanding the changes in rights and obligations this entails.
22. Technological Updates and Maintenance
FXMarkets Trade reserves the right to perform updates, improvements, or modifications to its platform and services.
Temporary interruptions may occur during these processes. The Company commits to prior notification and minimizing any inconvenience.
23. Risk Management Policy
FXMarkets Trade provides Clients with various tools to help manage and control inherent trading risks, including stop loss orders, take profit, and price alerts.
However, the Client acknowledges that, due to the volatile and leveraged nature of financial markets, losses greater than invested capital may occur. The Company recommends cautious trading and use of available risk management tools.
24. Complaints and Procedures Policy
The Client may file formal complaints through designated customer service channels.
FXMarkets Trade commits to respond to such complaints within a maximum of 15 business days and to work to resolve them fairly and transparently.
In case of disagreement, the Client may resort to the Financial Ombudsman Service (FOS) for external mediation.
25. Liability Limitation in Extreme Market Events
FXMarkets Trade shall not be liable for losses or damages resulting from extreme market events, such as flash crashes, market suspension or closure, or lack of liquidity.
During such situations, order execution may be affected by volatility, and the Company will make reasonable efforts to mitigate negative impacts.
26. Training and Education Services
The Company may offer Clients educational materials, webinars, tutorials, and courses related to trading and risk management.
These services are provided for informational purposes only and do not constitute personalized financial advice.
The Client agrees to use this information at their own discretion and risk.
27. Incentives and Bonuses Policy
FXMarkets Trade may offer promotions, bonuses, or incentives subject to specific terms and conditions.
These promotions may be geographically limited and not available in certain jurisdictions.
Clients must comply with established requirements for activation and withdrawal of such incentives, and the Company reserves the right to modify or cancel promotions at any time.
28. Mobile Use and Application Conditions
Accessing the Services through mobile applications implies the Client is responsible for keeping software updated and protecting their credentials.
FXMarkets Trade is not liable for failures, interruptions, or security issues resulting from mobile device use.
29. Disaster Recovery and Business Continuity Policy
FXMarkets Trade maintains a business continuity and disaster recovery plan to ensure uninterrupted service provision as much as possible.
In the event of major incidents, the Company will timely communicate adopted measures and estimated restoration times.
30. Account Transfer Limitations
The Client’s Account is personal and non-transferable. Assignment, transfer, or delegation of rights and obligations under this Agreement to third parties is prohibited without express written consent from FXMarkets Trade.
31. Right to Audit Client Activity
FXMarkets Trade reserves the right to audit and monitor Client operations to detect potential fraudulent activities, market abuse, or regulatory breaches.
The Client agrees to cooperate in any investigation and provide requested documentation.
32. Personal Data Protection Policy (GDPR)
FXMarkets Trade collects, processes, and stores Client personal data in accordance with the General Data Protection Regulation (GDPR) and applicable laws.
The Client has the right to access, rectify, delete, oppose processing, and request portability of their personal data.
The Company adopts technical and organizational measures to protect data from unauthorized access, loss, or alteration.
To exercise these rights, the Client may contact the Data Protection Officer at [email/contact].
33. Indemnification Clause
The Client agrees to indemnify and hold harmless FXMarkets Trade, its employees, officers, and affiliates, from any claims, losses, damages, or expenses (including legal fees) arising from:
Breach of this Agreement.
Misuse or fraudulent use of the services.
Violation of laws or third-party rights.
34. Limitations of Liability
To the fullest extent permitted by law, FXMarkets Trade shall not be liable for direct, indirect, incidental, consequential, or punitive damages arising from:
Use or inability to use the services.
Loss of profits, revenue, or data.
Errors, omissions, or interruptions on the platform.
The Company’s total liability shall be limited to the amount actually paid by the Client to FXMarkets Trade during the preceding 12 months.
35. Modification of Terms and Conditions
FXMarkets Trade reserves the right to modify, update, or supplement these Terms and Conditions at any time.
Modifications will be notified to the Client at least 15 days prior to their effective date.
Continued use of the services after notification constitutes express acceptance of the changes.
36. Contract Language
This Agreement is drafted in English [or Spanish, as appropriate], which shall be the official and binding language.
Any translations into other languages are provided for convenience only and have no legal effect.
37. Entire Agreement
This document constitutes the entire agreement between the Client and FXMarkets Trade regarding the subject matter herein and supersedes any prior agreements or communications, oral or written.
38. Legal Notices and Declarations
The Client declares having read, understood, and accepted all the conditions herein, acknowledging the risks associated with trading complex financial instruments.
39. Cybersecurity Policy
FXMarkets Trade implements advanced security systems, including encryption, firewalls, and constant monitoring, to protect the platform and Client data against unauthorized access and cyberattacks.
40. Geographic Use Limitations
FXMarkets Trade’s services are not available to residents or citizens of countries where the offer is prohibited by law or regulation.
The Client guarantees not to use the services from restricted territories and accepts that breach may lead to suspension or cancellation of the Account.
41. Conflict of Interest Policy
FXMarkets Trade identifies, manages, and mitigates conflicts of interest between the Company, its employees, and Clients.
Examples of possible conflicts include incentives, internal execution, and third-party relationships.
The Company maintains policies to ensure fair treatment of Clients in all circumstances.
42. Best Execution Policy
FXMarkets Trade implements procedures to ensure Client orders are executed on the best possible terms available in the market.
This includes information about counterparties, partial executions, or order aggregation when applicable.
43. Pricing and Spreads Transparency Policy
The Company details how prices and spreads are determined, including potential slippage.
Information about price sources (liquidity providers) is disclosed to maintain transparency.
44. Liquidity Management Policy
FXMarkets Trade manages liquidity to ensure efficient execution.
Procedures are in place for periods of low liquidity to protect Client interests.
45. Risk Review and Update Policy
Risk policies are regularly reviewed and updated.
Clients are informed of any material changes to risk management procedures.
46. Asset Custody Policy
Details on where and how Client assets and funds are held securely.
The Company ensures segregation and protection of Client funds.
47. Order Interruption and Cancellation Policy
Procedures for handling cancellations, technical interruptions, or errors in order execution.
Clients are promptly informed of such events.
48. Non-Solicitation Clause
Clients and employees agree not to solicit each other directly or indirectly without authorization.
49. Client Representations and Warranties
Clients formally declare their legal capacity, experience, and understanding of trading risks.
50. Communication and Notification Policy
Official communication methods for legal notices, notifications, and updates.
Clients agree to receive such communications electronically or via other specified means
