Terms and Conditions

TERMS AND CONDITIONS

The site (https://www.emetafx.com) (Hereinafter referred to as the “Site”, “Website”) (Hereinafter referred to as the “Company”, “We”, “Our”). The Preamble to these Terms and Conditions together with all company policies constitute a binding Agreement (hereinafter: “Agreement”) between You (Hereinafter referred to as “You”, the “Client”, “User”, “I”) and the Company. By accessing, visiting and/or using this Site, any person so doing, unequivocally and unreservedly expresses his or her binding agreement to any and all of these Terms and Conditions, and undertakes to fully comply therewith. Any and all activity on, with and/or via this Site shall be governed by these Terms and Conditions.

BY USING THIS SITE IN ANY WAY YOU CONFIRM YOUR UNREVOCABLE ACCEPTANCE AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT ANY OF THESE TERMS & CONDITIONS OR ANY OF THE POLICIES – YOU CANNOT USE THE COMPANY’S SERVICES AND PLEASE STOP USING THIS SITE AT ONCE.

PERMITTED USE:

Any User must be aged 18 or older and legally permitted to use this Site under the laws applicable to him/her in the jurisdiction in which he resides. User represents that he or she has full legal capacity to enter into legally binding agreements. Users may not make commercial and/or serial and/or automated use of this Site. This Site strictly forbids any use of data mining, data gathering, bandwidth theft, offline browsing plug-ins and software and/or download and/or batch download or access and any access via any software except for the main common and official Web browsers.

YOUR ACCOUNT AND THE BANK ACCOUNT:

Upon receipt of Your registration request and provided information, We may carry out credit or other checks as We deem appropriate from time to time including without limit obtaining references from Your Bank (hereinafter: “Bank Account”), employer or credit agencies (if applicable). You must notify us immediately of any material changes to any of the information set out in Your Application Form. In the event that Your Application Form is accepted We will open an Account for You and provide You with a User ID and account number. You must not disclose these details to any other person, in the event that You believe that these details are known by a third party then You will notify us immediately.

FURTHER COVENANTS:

In addition to the above and without limiting the Generality of this clause, You hereby:

• Confirm that the Bank Account details are complete and accurate and that You will notify us immediately if these change and will provide us with any such documentation as We request in respect of such revised Bank Account;
• Acknowledge and accept that We are under no obligation to transfer any Monies to or accept any monies from any account other than the Bank Account.
• Except in the case of fraud (that not includes fraud from a third party), We do not accept responsibility for any loss or damage suffered by You as a result of Your trading on monies deposited in or credited to Your Account in error by or upon Our behalf.
• We reserve the right to close or suspend Your Account at any time in accordance with the terms of this Agreement.
• Multiple Accounts: Except as otherwise expressly provided in this Agreement, if You have more than one Account with us, each account will be treated entirely separately. Therefore, any credit on one Account (including monies deposited as margin) will not discharge Your liabilities in respect of another Account unless We exercise Our rights under this Agreement.

LIMITED LICENSE:

By accepting the Terms and Conditions, You will be granted a non-exclusive, non-transferable and limited personal license to access and use the Website, but You cannot deep-link to the Website or copy and resell the materials appearing on the Website without prior written consent of the Company.

1. The license granted will be terminated if We notice that the data You provide is not accurate, and You will cease to have access to the services. You agree that the Company can terminate Your access to any of the services offered for online trading at its sole discretion and with or without notice and close Your transaction.

INTELLECTUAL PROPERTY:

All content, trademarks, services marks, trade names, logos and icons are the property of the Company or its affiliates, agents, or brokers and are protected by copyright laws and international treaties and provisions. It may not be used except as permitted in these Terms & Conditions or with prior written permission of the owner of such material (hereinafter: “Information” or “Data”). The information on this Site belongs to the Company or its respective affiliates and suppliers and may not be copied or used without prior approval.

LINKING TO THIS SITE:

The Company’s Website may include links to third party Websites that are controlled and maintained by others. Any link to other Websites is not an endorsement of such Websites and You acknowledge and agree that We are not responsible for the content or availability of any such sites.

1. Under no circumstances shall the Company or its employees be liable for lost profits or any kind of damage occurring during trading, resulting from any connection to Our Website, including negligence. In any proven circumstance, the liability of the Company is limited to the amount of Your latest deposit in Your trading account.

LOGINS SECURITY:

It is Your responsibility to maintain Your Account at all such times. If You have more than one Account, this responsibility will relate to each Account separately.

UNLAWFUL USAGE:

You are prohibited from making any unlawful usage of this Site, and are informed and aware to the fact that in addition to these Terms & Conditions and any and all policies for usage of this Site, You may and are expected to be subjected to laws and regulations applicable in Your or any relevant jurisdiction, including any promulgations related to gambling, securities, taxation and/or anti-money laundering. The Company does not encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that We may have at law or in equity, if We determine, in Our sole discretion, that You have violated or are likely to violate the foregoing prohibitions, We may take any action We deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials and/or User from this Site. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials. User undertakes that any and all information provided by him is true, accurate, complete and up-to-date

1. User undertakes to indemnify, defend and hold The Company harmless, as Well as any and all of its subsidiaries, agents, employees and/or officers, against or from any liabilities, obligations, claims, debts, expenses etc., in any way connected with any misuse or abuse of the site, information or services provided or contained herein, including in particular (but not limited to) any breach of these Terms & Conditions and/or violation of any law whatsoever (including any violation or infringement of any third party rights) and/or any breach of any applicable third party Terms and Conditions;

TAXATION:

All taxes, duties and government charges imposed or levied in connection with the use of the Website and the trading platform will be the sole responsibility of User.

NO WARRANTIES EXPRESS OR IMPLIED:

USE THIS SITE AT YOUR OWN RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

1. You hereby acknowledge that You have read all relevant documents supplied to You with this agreement, including (but not limited to) the Risk Disclosure and Risk Disclaimer Policy, and understood all risks involved, and You accept all terms of this Agreement.
2. The Company’s sole responsibility and endeavor is to facilitate trading and provide information deemed useful. The Company shall not incur any liability, in any way, or otherwise bear any damages and/or expenses to any User or third party. The Company shall not be liable to denial of service on any grounds, whether general, personal or specific. The Company shall not be liable in any way for information, software, products and/or services provided by third parties.
3. Except as explicitly set herein and under specific conditions, We DO NOT provide any advisory service. Signals posted on Our Website are provided by third party signal providers. Any account managers are not employees of our company but 3rd party entities (even if they have an email provided by eMetaFX) We do not investigate, vet or warrant the performance or quality in any way of any third party services. All transactions, investments and decisions are at Your own discretion and risk.
4. Neither the Company nor any of its respective affiliates, subsidiaries, agents, employees and officers warrant the accuracy or completeness of the information, materials or services provided on or through this Website. The information, materials and services provided on or through this Website may be out of date, and neither the Company nor any of its respective affiliates makes any commitment or assumes any duty to verify, validate or update such information, materials or services. The Company and/or any or all of its subsidiaries, agents, employees and/or officers, does not assume any responsibility, or will be liable, for any damages to, or any viruses that may infect, Your computer, telecommunication equipment, or other property caused by or arising from Your access to, use of, or browsing this Site, or Your downloading of any information or materials from this Site.
5. IN NO EVENT WILL THE COMPANY OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE, BE LIABLE TOWARDS YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
6. The Company does not guarantee the availability of the trading platform at all times, as it may be provided by a third party, and may be unavailable at any time, without notice. The Company will not be held responsible and shall in no way be liable for any loss caused to User resulting from the unavailability of the trading platform.
7. The Company does not guarantee that You will be able to access the Website at any time and location and it does not make any warranties with respect to the Web site content. Without limiting the foregoing, the Company will not be held responsible for an impossibility of executing trading orders, due to letdowns in the operation of informational systems due to technical faults, which are beyond its control.
8. IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE. IF YOU ARE A REGISTERED USER YOU MAY POSSIBLY RECEIVE A RETURN OF FEES RECEIVED BY THE COMPANY WITHIN THE PREVIOUS MONTH WITH RESPECT TO SERVICES THAT WERE FULLY DENIED AS A RESULT OF AN ACT OR OMISSION BY THE COMPANY. IN THE EVENT OF ANY PROBLEM WITH THE INFORMATION, PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, ASIDE OF THE ABOVE SAID, IS FROM THE 3rd PARTY PROVIDER OF SUCH INFORMATION, PRODUCTS OR SERVICES.

REVISIONS TO THESE TERMS AND CONDITIONS:

The Company reserves the right to change these Terms & Conditions at any point without prior notice. You are therefore responsible for regularly reviewing these terms and conditions. Client has 2 hours from the moment of change to file a formal request to cease services, refraining to do so or continued use of this site following any such changes shall constitute your acceptance of such changes.

FORCE MAJEURE:

Whilst We will endeavor to comply with Our obligations in a timely manner We will incur no liability whatsoever for any partial or non-performance of Our obligations by reason of any cause beyond Our reasonable control including but not limited to any communications, systems or computer failure, market default, suspension, failure or closure, or the imposition or change (including a change of interpretation) of any law or governmental or regulatory requirement and We shall not be held liable for any loss You may incur as a result thereof.

TERMINATION:

We may suspend and/or terminate Your account or Your use of this Site at any time, for any reason or for no reason. You will not be entitled to any remedy for discontinuing the services, all subject to Our Withdrawal and Deposit policy and applicable laws and regulations. We reserve the right to change, suspend, or discontinue all or any aspect of this Site at any time without notice.

SEVERABILITY:

Should any provision herein be deemed void or invalid by any court of law having proper jurisdiction, such provision shall be severed, and shall not in any way vitiate or detract from the effect and/or validity of any or all remaining provisions herein.

CHOICE OF LAW; JURISDICTION:

These Terms & Conditions supersede any other agreement between You and The Company to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms & Conditions will be governed by and construed in accordance with the laws of the jurisdiction of our choice, without giving effect to any principles of conflicts of laws. A printed version of these Terms & Conditions will be admissible in judicial and administrative proceedings based upon or relating to these Terms & Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. These Terms and Conditions, as Well as any dispute arising therefrom or in connection therewith shall be brought before the courts of law in the jurisdiction of our choice which shall have exclusive jurisdiction over the same.

ADDITIONAL ASSISTANCE:

If You do not understand any of the foregoing Terms & Conditions or if You have any questions or comments, feel free to contact the Company at any time.

OUR COMMITMENT TO SECURITY AND PRIVACY:

In order to prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, We have put in place appropriate and reasonable physical, electronic, and managerial procedures to safeguard and secure the information We collect online. Please see Our Privacy Policy for further information.

ASSIGNMENT TO THIRD PARTIES:

The Company is fully entitled to assign, grant, transfer or sublicense any and all of its rights provided for herein, including any rights with regards to information or data, wholly or in part, to any third party whatsoever, all in accordance with the Company’s regulatory obligation under which it operates.

NO WAIVER:

The Company’s acquiescence to any breach of These Terms and/or failure to exercise any right provided for herein shall be without prejudice to The Company’s legal rights and remedies, and shall not be held to preclude and/or debar it from exercising or seeking any of the same.

DEPOSIT AND WITHDRAWAL POLICY:

Deposit:

You, the Client, have to perform all the deposits from a source (e.g. single bank account). If you want to start trading, you should make sure this account is in your country of residence and in your name. In order to certify that a SWIFT confirmation is authentic, it has to be sent to eMetaFX to confirm the origin of the money which will be used for trading. If you don’t comply with this policy, you may be prevented from depositing the money via Bank/Wire Transfer. If you did not log in and trade from your account within two (2) weeks (“Dormant Account”), your Dormant Account will be subject to a minimum fee of 10 % each month (the (“Dormant Fee”;).
If you use Credit/Debit Card to make a deposit the minimum amount is 250 USD. The maximum amount that can be deposited is 10,000 USD per credit/debit card per month. Use of multiple cards is permitted. The minimum deposit amount via a wire transfer is 1,500 USD.

Withdrawal:

According to generally acceptable AML rules and regulations, withdrawals must be performed only through the same bank account or credit/debit card that you used to deposit the funds.
Unless we agree otherwise, withdrawals from the Account may only be made in the same currency in which the respective deposit was made.

In addition, when you deposit or withdraw money for trading purposes using alternative payment methods, you should be aware that additional fees and restrictions may apply. Withdrawals are subjected to withdrawals processing and handling fees. Those fees in certain cases may not be deducted from the transferred withdrawn amount.

Without derogating of the foregoing, eMetaFX may execute withdrawals to a different facility than the one used for the deposit, subject to Anti-Money Laundering regulations. Furthermore, when it comes to withdrawals, Client may be required to present additional information and documents.

Minimum Trading Volume Restriction: the withdrawal of the funds from account  shall be subject to the minimum trading volume of 1 lot per dollar deposited. On all assets, except currencies, a volume of 1000.00 equals 1 lot  for the purpose of withdrawal eligibility, for currencies the volume of 10.00 equals 1 lot for the purpose of withdrawal.

Unless we agree otherwise, withdrawals from the Account may only be made in the same FIAT currency in which the respective deposit was made. In addition, when you deposit or withdraw money for trading purposes using alternative FIAT payment methods, you should be aware that additional fees and restrictions may apply.

The minimum amount of withdrawal via a wire transfer is 5000 USD.

Non-Deposited funds:

Funds appearing on Client’s; account may include agreed or voluntary bonuses and incentives, or any other sums not directly deposited by the Client or gained from trading on account of actually deposited funds (“Non-Deposited Funds”). eMetaFX may provide bonuses from time to time, which are subject to the Bonus Terms and Conditions Policy. All Bonuses are considered Non-Deposited Funds.

Submitting a Withdrawal Request

In order to process your withdrawal request, you must:

● All compliance documentation must have been received and approved by eMetaFX’s compliance officer in order to proceed with the withdrawal

● Beneficiary Name must match the name on the trading account. Requests to transfer funds to third party will not be processed.

IMPORTANT: ACCOUNT HOLDER IS REQUIRED TO MONITOR ACCOUNT REGULARLY, AND ENSURE THAT AVAILABLE MARGIN EXISTS IN THE ACCOUNT PRIOR TO SUBMITTING THIS REQUEST, AS SUCH WITHDRAWAL MAY HAVE AN IMPACT ON EXISTING OPEN POSITIONS OR TRADING STRATEGY USED.

Typical Withdrawal Processing Time

The request will generally be processed by eMetaFX within 5 business days of receipt. Once the withdrawal request has been approved it may take up to 10 business days for the funds to reach your credit card or bank account. If you do not have online access to your credit card, it should appear on the next billing statement(s) depending on your card’s billing cycle.

In order to avoid any delays please review your information carefully before submitting your request. eMetaFX assumes no responsibility for errors or inaccuracies made by the account holder. eMetaFX cannot monitor and is not responsible in any way for the Client’s Credit Card Company or bank’s internal procedures. Client must follow up with the credit card or respective bank independently. Please note clearly that we are not committed to any time frame and that any additional charges imposed by third parties shall be deducted from the deposit or the withdrawal, as applicable. Additional Charges: If the receiving bank uses an intermediary bank to send/receive funds, you may incur additional fees charged by the intermediary bank. These charges are usually placed for transmitting the wire for your bank. eMetaFX is not involved with and nor has any control over these additional fees.

Please check with your financial institution for more information.

Currency

The account could be maintained in the following currencies: USD. Any other currency will be converted at the exchange rate existing at the point of conversion (“Exchange Rate”); if the Client send funds in another currency than his account’s currency, we will apply an exchange rate to our discretion. We will generally settle trades or perform any required setoffs and deductions in the relevant currency where the account comprises such currency ledger, save that where such currency balance is insufficient, we may settle trades in any currency using the Exchange Rate.

REFUND AND RETURN POLICY

The policy of return of money was developed for the purpose of reduction of financial and legal risks of the Company, observance of the principles of the Policy of counteraction of money-laundering and counteraction of financing of terrorist activity.

The company has the right unilaterally block an entrance to the private profile, to suspend the trade activity on accounts, to cancel the demand for input-output, or to take measures it sees fit, including seizing assets with or without explanation or warning, if the company suspects the source of money or activity of the Client contradicts to the Policy of money laundering and financing of terrorism.

The company doesn’t cancel the realized commercial transactions therefore the Company has the right to return money to the sender if within a month from the moment of replenishment, on trading accounts it wasn’t recorded trade activity.

The company has the right at certain objective reasons and in case of need to make return of money, received through any payment system, including credit/debit cards. Thus return of money will be executed on electronic purses, and bank details which the Client used at input of money.

In case the Company classifies activity of the Client as inappropriate, or contradicting to the usual purpose of use of company services where there is direct, or indirect, illegal, or unfair intention, the Company has the right to work within this document, without informing the Client beforehand.

At replenishment of the trading account by cash card, the Client undertakes not to submit the application for response of the payment which is already enlisted into the trading account to the bank, or to supplier of the credit/debit cash card, both in time, and after completion of use of company services. If the Company nevertheless receives a payment comment according to the transaction, we reserve the right to block an entrance to the Private Profile and to freeze the current balance of the Client and to send money back on personal account of the Client, after payment of all services and commissions.

The company will take all necessary measures to prevent and block both input, and withdrawal by third parties of money from the customer account. Input and output of money from the account can be carried out only by the owner of this account.

HOW TO CONTACT US:

Should You have other questions or concerns, please contact us anytime, by phone or by email at [email protected]