Local Restrictions – Provision of Cross-border Services
The The Financial FX website (hereinafter “the website”) is operated by The Financial FX SA (hereinafter “The Financial FX”) and may be consulted for information purposes in relation to certain entities, services and products of the The Financial FX.
The accessing and use of the website are governed by the Important Legal Information (hereinafter “the Terms and Conditions”) set out herein. The Terms and Conditions shall be supplemented by any and all special agreements applying in connection with a service or product offered by The Financial FX where you or your representative (hereinafter “you”) act in a capacity as contracting party. Nevertheless, in the event of any conflict, the provisions contained in any such special agreement shall prevail.
By accessing and using the website, you acknowledge that you have read, understood and agreed to be bound by the Terms and Conditions. Furthermore, you accept that The Financial FX may, at any time and without any prior notice requirement, alter the Terms and Conditions. If you do not agree to the Terms and Conditions, do not access or use the website in any way whatsoever.
The website is not directed at, or intended for distribution to or use by any person/s who, based on their nationality, place of business, domicile or for any other reasons, is/are subject to legal provisions which prohibit foreign financial services providers from engaging in business activities in these jurisdictions, (e.g, USA, Canada, Japan, Russia, Turkey, etc.) or which may prohibit or restrict legal entities or natural persons from accessing websites of foreign financial services providers (e.g., China).
You confirm that you access the website on your own initiative and without any solicitation from The Financial FX.
Copyright and Trademarks
The content and layout of the website are protected by copyright (all rights reserved) and other intellectual property rights held by The Financial FX.
Information provided on the website may not be downloaded, printed or otherwise reproduced without The Financial FX’s prior consent. In case The Financial FX grants its consent for a reproduction of whatever nature you do not acquire rights by reproducing or copying in any way information available on the website; all the rights are retained by The Financial FX. You are strictly prohibited from using anywhere other than on the website and from copying in any way whatsoever the software or any other tools available on the website.
It is forbidden under any circumstances to set up links, e.g. in the form of hyperlinks or inline links, to the website, to frame it, or to access it through inline links or through a frame, without The Financial FX‘s prior written consent.
It is forbidden to reproduce in whole or in part, transmit by electronic or any other means, modify or use copyright elements of the website for public or commercial purposes without The Financial FXs prior written consent.
® The Financial FX, The Financial FX Bank and the M logo in particular are trademarks of The Financial FX. Other verbal and/or graphic elements featuring on the website and used to identify the origin of a product or service may be the trademarks of their respective owners, for example the trademark of one of The Financial FX’s commercial partners. These trademarks may not be reproduced or used without the prior consent of their owners.
Web Feeds
This website may contain news and research produced independently by third parties. This news and research is provided for information purposes only, and as such, the specific needs, investment objectives or financial situation of any particular user have not been taken into consideration. The Financial FX makes no warranty as to the accuracy of completeness of this content. Opinions expressed are those of the author(s), not The Financial FX, and The Financial FX accepts no liability for any loss caused by the use of such information. Care is taken to ensure that the information provided by third parties is correct but The Financial FX neither warrants, represents nor guarantees the contents of the information, nor does it accept any responsibility for errors, inaccuracies, omissions or any inconsistencies therein.
No Offer or Advice
All the information provided, in particular the opinions, mathematical results and technical analyses published on the website, transmitted to you or obtained via the selection and decision-making tools proposed by The Financial FX, is provided for information purposes only and SHOULD IN NO EVENT BE CONSTRUED AS AN OFFER, A PIECE OF ADVICE OR A RECOMMENDATION to enter into or maintain a contractual relationship (e.g. account) with an entity of the The Financial FX nor to buy or sell a particular security or to engage in any transaction whatsoever; nor should the information provided be construed as advice of any other type, for example of a fiscal or legal nature.
All of the investment decisions you take shall be based exclusively on your own assessment of your financial situation and your investment goals, as well as on your own personal interpretation of the information available. WE STRONGLY RECOMMEND THAT YOU SEEK PROFESSIONAL ADVICE BEFORE TAKING INVESTMENT DECISIONS.
Exclusion of Liability
Neither The Financial FX, its directors, officers, employees, agents or shareholders nor third party information providers, their directors, officers, employees, agents or shareholders will assume ANY LIABILITY FOR ANY LOSS OR DAMAGES WHATSOEVER, be they direct or indirect, incurred as a result of accessing the website or using the information and services or products available on the website, or as a result of the inability to access or use any information or services or products available on the website.
In particular, it is expressly stated that IN NO EVENT WILL The Financial FX, its directors, officers, employees, agents or shareholders BE LIABLE FOR ANY LOSS OR DAMAGES incurred as a result of errors, technical or otherwise, transmission failures, system overloads, usage problems, interruptions in services (including but not limited to system maintenance services), any delay in the transmission of information, incompatibility between the website and your files and/or software (in particular your browser) and/or computer, malfunction, interference, the transmission of a virus onto your computer, unauthorised access (as a result of hacking or piracy activities, for example), the wilful blocking of telecommunications tools or networks (as a result of mail-bombing, denial of services attacks, for example) or any other failure or inadequacy on the part of telecommunication or network service providers.
Disclaimer of Warranty
The Financial FX and third party information providers pay particular attention to the preparation and update status of the information provided. Nevertheless, neither The Financial FX nor third party information providers warrant or guarantee, either expressly or implicitly, the quality, pertinence, accuracy, completeness, update status, availability or legality of the information published on the website, or transmitted to you or obtained via selection or decision-making tools. In addition, any information (including but not limited to real time information) is obtained from what is believed to be a reliable source, but cannot be guaranteed.
Without limiting the foregoing, The Financial FX does not warrant the accuracy, timeliness, completeness, reliability or availability of the website or the information or results obtained from use of the website, or that the website is virus-free or error-free.
Furthermore, information may be changed at any time without any prior notice being required.
Links
The activation of certain links on the website may cause you to leave the website. The Financial FX does not review any of these linked websites and does not warrant or guarantee, either expressly or implicitly, the quality, pertinence, accuracy, completeness, update status, availability or legality of the content of the websites, nor shall it be in any way responsible for the products, services, information and other content offered via these linked websites. The same applies to websites offering links to the website.
Furthermore, prior written consent must always be obtained before a link from an external site to the website can be created.
Social bookmarks
The website may contain social bookmarks which are identifiable by means of respective buttons. Social bookmarks allow users of certain social media platforms to post links of selected web pages of the website on their corresponding social media profile in order to bookmark them or share them with their social media contacts. If you use social bookmarks you will be sending identifying data to the respective social media platform. Any comments or activity arising from persons using social bookmarks is not controlled, endorsed or monitored by The Financial FX and The Financial FX shall not be responsible or liable for such. Persons who share information from the website via social bookmarks, in particular The Financial FX ’s communications, are not authorised to speak for or represent The Financial FX and their views and opinions must be regarded as strictly their own and not The Financial FX’s. In addition, the provisions in these Terms and Conditions relating to links also apply to social bookmarks.
Confidentiality and Encryption
Your attention is drawn to the fact that any data exchanged between you and The Financial FX is transmitted via open, public networks (such as the Internet) that are not subject to any controls or reviews. The data transferred may travel beyond Luxembourg’s borders, even if both you and The Financial FX are located in Luxembourg. In addition, even if the data transmitted is encrypted, it may not necessarily stay encrypted for the entire duration of the transmission, nor may it necessarily remain encrypted at your end: it is possible that data may be intercepted, altered or lost. The Financial FX disclaims all liability in respect thereof.
Furthermore, you hereby declare that you have taken note that the legislation applicable in your country may prohibit or restrict the importing, exporting or use of encryption logarithms. In no event shall The Financial FX be responsible for any violations of measures governing the importing, exporting or use of encryption logarithms. You alone shall be responsible in the event of any such violation.
Lastly, your attention is drawn to the fact that information transmitted electronically, e.g. by e-mail or SMS, is in principle not encrypted and may be intercepted.
Proper use of the website
You undertake to use the website in a proper and reasonable manner, and not to misuse the website in any way or use it in such a way as might occasion, for example, the overloading of the website, any delay in the transmission of information, any interruption of service, blockage of access to the website or any other effect detrimental to The Financial FX or to the users of its website. In particular, it is forbidden:
• to effect e-mail-bombing or any denial-of-service attack (in particular flooding) or any similar attempt similar;
• to infect the website with any virus, worm, Trojan horse or other software, or any similar attempt;
• to gain or attempt to gain unauthorised access to the servers administering the website, or to circumvent or attempt to circumvent or to disable or attempt to disable the website’s security features (hacking);
• to update the information provided on the website using automatic updating programs, e.g. such as are provided by other websites;
• to use offline readers or similar software, in particular such as would allow the mass downloading of data from the website onto your hard disk.
Should you not use the website in a proper and reasonable manner, The Financial FX reserves the right to deny you access to the website.
Registration and Use of Your Activities on the Website
Please note that The Financial FX records and analyses all your activities on the website with the help of cookies for the purposes of statistical study (in particular tracking and analysing data pertaining to the process of opening an account), security, system monitoring, management, marketing and compliance with legal and regulatory obligations incumbent on The Financial FX. Data such as IP address are collected in this respect and sent to third-party services The Financial FX calls upon. Said third party can be located outside Luxembourg. The Financial FX undertakes to treat such information using security measures The Financial FX deems appropriate.
Applicable Law and Place of Jurisdiction
The sole place of jurisdiction for all disputes arising out of or in connection with the Terms and Conditions stipulated herein and/or the use of the website is Luxembourg. The Financial FX nevertheless reserves the right to initiate proceedings against you before the competent court at your domicile or any other competent authority.
The Terms and Conditions and any part thereof shall exclusively be governed by and construed in accordance with substantive Luxembourg law.
Partial Nullity
In the event of one of the Terms and Conditions being void, cancelled or rendered otherwise invalid, the validity of the remaining Terms and Conditions shall not be affected or impaired.
