Terms and Conditions
The following describes the terms and conditions upon which Triple 8 Limited.
("UFXBank" or "the Company" or "we") offers access to its Web site to you the
customer (hereinafter "you" or "user" or "customer") and the use of its services
(hereinafter the "Agreement" or "User Agreement" or "Online Services
Agreement").
This Agreement describes the terms, conditions and risks applicable to your use
of our services available under the domain and sub-domains if www.ufxbank.com If you have any questions regarding this Agreement please contact Customer Support
You must read, agree with and accept all of the terms and conditions contained
in this User Agreement without modifications, which include those terms and
conditions expressly set forth below and those incorporated by reference, before
you may become a customer of UFXBank. By continuing to access or use the Web
site, you agree to follow the Terms and Conditions of this Agreement as they may
apply to you.
This Agreement is effective upon acceptance in registration for newly
registering customers, or upon receipt of e-mail notification by other users. The Agreement is otherwise
effective for all users as of March 14th, 2004. The previous terms and
conditions are effective for all transactions that were not closed on or before
March 14th, 2004 made by users who registered before March 9th, 2004 and who did
not receive an e-mail notification of the new Agreement.
If you do not agree to be bound by the terms and conditions of this Agreement,
do not use or access our services, and inform us in writing immediately.
Amendments
By using our services you agree to be bound fully by all our terms and
conditions. UFXBank may amend or revise this Agreement at any time by posting
the amended terms on the Site and, by continuing to trade through the
platform, you affirm that you agree to be bound by future
revisions. Whenever such changes to the terms & conditions of this Web site are
made, the Company will post such changes on the Web site.
All amended terms shall be effective 10 days after their initial posting on the
Web site, or as of the first time that you use our services after such
amendments were made, whichever is sooner.
If you do not agree to be bound by the changes to the terms and conditions of
this Agreement, do not use or access our services, and inform us in writing
immediately.
Service Agreement
Online Services Agreement is made by and between UFXBank and you.
This Agreement applies to both the UFXBank Web site and trading platform, as well as to the electronic content and or software currently contained on the Web site that supplies the customer with real time information about the exchange rate of some currencies, as well as with the program facilities for executing trading transactions in the foreign exchange market via the web, phone or fax (hereinafter referred to as the "Service" or "forex" or "forex market"), and any other features, content or services that the Company may add in the future
Membership Eligibility
Our services are
available to and may only be used by individuals or companies who can form
legally binding contracts under the law applicable to their country of
residence. Without limiting the foregoing, our services are not available to
persons under the age of 18 or otherwise under legal age (you are a minor, you may not use this service.IF YOU DO NOT QUALIFY,
PLEASE DO NOT USE OUR SITE.For avoidance of doubt, We shall not be responsible for any unauthorized use by
minors of our Services in any way or manner.Furthermore, our services are available only to, and may only be used by
individuals who have sufficient experience and knowledge in financial matters to
be capable of evaluating the merits and risks of acquiring financial contracts
via this Site and have done so without relying on any information contained in
this Site.
Without derogating from the above provision, we shall not be responsible for
verifying and/or checking whether you possess such sufficient knowledge and/or
experience, nor shall we be responsible for any damage and/or loss incurred by
you as a result of insufficient knowledge and/or experience. IF YOU DO NOT
QUALIFY, PLEASE DO NOT USE OUR WEB SITE.
Without limiting the foregoing,our services are not available where they
are illegal to use, andthe Company reserves the right to refuse and/or cancel services to anyone
at its own discretion.
Legal Restrictions
Without limiting the
foregoing, you understand that laws regarding financial contracts vary
throughout the world, and it is your obligation alone to ensure that you fully
comply with any law, regulation or directive, relevant to your country of
residency with regards to the use of the Web site. For avoidance of doubt, the
ability to access our Web site does not necessarily mean that our Services,
and/or your activities through it, are legal under the laws, regulations or
directives relevant to your country of residency.
This Web site does not constitute, and may not be used for the purposes of, an
offer and/or solicitation to anyone in any jurisdiction in which such offer
and/or solicitation is not authorized, and/or to any person to whom it is
unlawful to make such an offer and/or solicitation. Access to this Web site, and
the offering of financial contracts via this site, may be restricted in certain
jurisdictions, and, accordingly, users accessing this site are required to
inform themselves of, and to observe, such restrictions.
You hereby declare that the moneys invested in your account with the Company do
not originate from drug trafficking, abduction, or any other criminal or illegal
activity.
Limited License
UFXBank grants you a
non-exclusive, non-transferable and limited personal license to access and use
its Web site (the "license"). This license is conditioned on your continued
compliance with the terms and conditions of this Agreement.
You agree not to "deep-link" to the Web site, resell or permit access of the Web
site to others, and not to copy any materials appearing on the Web site for
resale or for any other purpose to others without the prior written consent of
UFXBank.
For avoidance of doubt, you shall be responsible and bound by any unauthorized
use of the site, made in breach of this section.
You agree to use the information received from the information systems of
UFXBank for the sole purpose of executing transactions inside and within the
UFXBank Web site.
You further agree not to use any electronic communication feature of a Service
on the Site for any purpose that is unlawful, tortuous, abusive, intrusive on
another's privacy, harassing, libelous, defamatory, embarrassing, obscene,
threatening or hateful.
The license granted under this Agreement will terminate if UFXBank believes that
any information provided by you, including your e-mail address, is no longer
current or accurate, or if you fail to otherwise comply with any term or
condition of this Agreement and all rules and guidelines for each service or
UFXBank establishes that you have abused in any way (including but not limited
to engaging in a transaction out of market rates) the UFXBank trading platform.
Upon such violation, you agree to cease accessing Services. You agree that
UFXBank, at its sole discretion and with or without notice, may terminate your
access to any or all Services, close your open transaction and remove and
discard any information or content within a Service.
Communications
Unless otherwise indicated for a particular
Service, any communications or material of any kind that you e-mail or otherwise
transmit through the Services, including information, data, questions, comments
or suggestions (your "Communications") will be treated as non-proprietary and
non-confidential.
By accepting this Agreement you grant a license to UFXBank to use your
Communications in any way it thinks fit, either on the Web site or elsewhere,
with no liability or obligation to you.
UFXBank is free to use any idea, concept, know-how or technique or
information contained in your Communications for any purpose including, but not
limited to, developing and marketing products.
UFXBank is entitled, but not obligated, to review or retain your Communications.
UFXBank may monitor your Communications to evaluate the quality of service you
receive, your compliance with this Agreement, the security of the Web site, or
for other reasons. You agree that such monitoring activities will not entitle
you to any cause of action or other right with respect to the manner in which
UFXBank monitors your Communications. In no event will UFXBank be liable for any
costs, damages, expenses or any other liabilities incurred by you as a result of
UFXBank's monitoring activities.
Obligations of UFXBank
UFXBank will supply you
with the informational and technical means to use its Services in a
twenty-four-hour mode of operation starting Sunday 22:00 GMT to Friday 21:00 GMT
except on official holidays in the USA and Europe.
UFXBank shall provide you with access to trading transactions and quotes through
the reserve in a twenty-four-hour mode of operation starting Sunday 22:00 GMT to
Friday 21:00 GMT, except on official holidays in the USA and Europe, through the
operators of UFXBank.
UFXBank will fulfill to the best of its abilities all your trading orders, keep
the register of your orders and of their fulfillment, and will provide you with
necessary extracts upon your request.
UFXBank shall provide the following online reports:
-
Open Positions: Report presenting the account's open transactions.
- Account Statement: Report presenting the account's balance and statement at a
given point of time.
- Monthly Report
Tax collection
You know, understand
and agree that, in general, UFXBank does not collect tax on behalf of any
authority in any form or manner.
Without limiting the foregoing, it is your obligation alone to calculate and pay
all taxes applicable to you in your country of residence, or otherwise arising
as a result of your trading activity from the use of the Company's Services.
Without derogating from your sole and entire responsibility to perform tax
payments, you agree that the Company may deduct tax, as may be required by the
applicable law, but is not obligated to do so, from the results of the activity
with UFXBank. You are aware that amounts that may be withdrawn by you from your
account are "gross amounts", from which the Company may deduct such taxes, and
that you shall have no claim towards the Company with regard to such deductions.
Registration Information and Requirements
When you register for
the service, UFXBank will ask you to provide certain identifying information
("Registration").
You agree to provide true, accurate, current and complete information about
yourself during the Registration process, and you also agree not to impersonate
any person or entity, misrepresent any affiliation with another person, entity
or association, use false headers or otherwise conceal your identity from
UFXBank for any purpose. If you are registering as or for a business entity, you
hereby declare that you have the authority to bind that entity to this
Agreement.
UFXBank will treat with care the information
you entrust to the Company, in accordance with the disclosures it provides
during the Registration process and in its Privacy Policy.
During the Registration process you will be asked to choose a user name and
password that will be used by you every time you access the Web site to use the
service. For your protection and that of other Web site users, you should not
share your Registration information (including your password and username) with
another person or business entity for any purpose including, but not limited to, facilitating
access and unauthorized use of the Service. You alone are responsible for all acts or
omissions that occur within the Web site through the use of your Registration
information.
If you believe that someone has used or is using your Registration information,
user name or password to access any Service without your authorization, you
should notify our Customer Support
immediately.
Important information about customer identification
Procedures for opening a new account
To help governments fight the funding of terrorism and money laundering
activities, the applicable laws require that all financial institutions shall
obtain, verify, and record information identifying each person who opens an
account.
What does that mean for you?
When you open an account, we ask that you provide your name, address, date of
birth and other information that will allow us to identify you. We may also ask
to see your Passport (and/or your driver's license) or other identifying
documents.
Privacy Policy
UFXBank Limited is committed to protecting the
confidentiality of any customer's information, which it may acquire during the
course of providing its services. It is the Company's policy not to disclose
customer's information to non-affiliated third parties, except with the consent
of the customer or when required by law. The Company is providing this Privacy
Policy to help you understand how we protect the privacy of financial and other
non-public personal information about you.
Information We Collect
We collect non-public personal information from you, from the following sources:
- Information we receive from you on applications or other forms;
- Information about your transactions with us; and
- Information we may receive from a consumers' reporting agency.
Categories of
Information We Disclose
We do not disclose any non-public personal information about our customers, or
our former customers, to anyone, except as permitted by law and for
authentication of the client's identity.
Confidentiality and Security
We restrict access of non-public personal information about our customers to
those employees who need to know such information in order to provide service to
your account. We maintain physical, electronic and procedural safeguards, which
comply with all applicable laws, in order to safeguard your non-public personal
information.
Privacy statement
UFXBank views its customers' privacy and the protection of information
concerning them, to be of prime importance. We store and process your
information on computers located in the USA. Physical and technological security
devices protect these computers.
If you object that we handle your
information in such manner, please do not use our services.
We shall not sell or rent your personal information to third parties for any
purposes, without your explicit consent and we shall only use your information
as described in our Privacy Policy.
Indemnity and right of set-off
The customer hereby
agrees to indemnify and hold harmless UFXBank, its directors, officers,
employees or agents from and in respect of any loss, damage, liability, cost or
expense that it may suffer or incur by reason of the Customer failing to
discharge its obligations under or acting in breach of any of the terms and
conditions herein contained or as a result of any breach of any applicable laws
or regulations.
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