This is a Customer Agreement (“Agreement”) between TradeWiseFX a company organized under the laws of St Vincent and the Grenadines, its successors and assigns, and the individual entity executing this Agreement (“Client”). By completing the on-line Open Live Account Application (“Application”) Client agrees that the terms set out in this Agreement (as amended by TradeWiseFX from time to time) govern the terms of all of Client’s dealings with TradeWiseFX and TradeWiseFX “Services”.
In consideration of TradeWiseFX agreeing to carry on one or more accounts of Client and providing services to Client in connection with the purchase and sale of currencies (collectively, "Forex"), Client agrees as follows:
If any term of the Operative Agreements (or any part of any term) shall be held by a court of competent jurisdiction to be unenforceable for any reason then such term shall, to that extent, be deemed severable, but the enforceability of the remainder of Operative Agreements shall not be affected.
- Responsibility for the content of the TradeWiseFX Services
TradeWiseFX is responsible for the legality of the content and that it is provided in accordance with good practice, in addition to requirements related to copyrights and other intellectual property rights.
The general information, guidance or advice provided by the TradeWiseFX Services are not intended to be a legal, commercial, or similarly TradeWiseFX -binding source of information, guidance or advice, and should not be relied upon by the user. On this basis, demands cannot be presented to Tradewise. TradeWiseFX accepts no responsibility for any damages caused to the user through the use of incorrect, incomplete or ambiguous data.
TradeWiseFX is responsible for the services and their accuracy, quality and the functioning of related data in accordance with the applied mandatory legislation.
- Use of Website
Client acknowledges that whilst TradeWiseFX will use reasonable endeavors to ensure all information on its website is accurate, TradeWiseFX makes no warranties or representations that the website content is accurate or correct or up to date and any reliance on the information by Client is at Client’s own risk. Client acknowledges that TradeWiseFX recommends that Client obtains its own professional legal and financial representation. This website is operated by TradeWiseFX.
- Margin requirements
The Client shall provide and maintain the Margin in such limits as TradeWiseFX, at its sole discretion, may require from time to time under the Operative Agreements. It is the Client's responsibility to ensure that the Client understands how a margin is calculated. Client agrees to maintain sufficient margin in Client's account without notice from TradeWiseFX. TradeWiseFX is entitled to close the Client's Open Positions without the consent of the Client or any prior written notice if the Equity is less than TradeWiseFXvalid margin requirements. TradeWiseFX is not responsible for any realized losses arising therefrom.
- Email Marketing
Client consents to TradeWiseFX sending out emails with details of marketing material which TradeWiseFX believes may be of interest to Client. Client consents to receiving these emails. Client can unsubscribe from these emails at any time.
- Clients who are introduced to TradeWiseFX by an Introducing Broker or Third Party Advisor
If an Introducing Broker or Third Party Advisor introduces the Client to TradeWiseFX, the Client understands that TradeWiseFX may pay fees, commissions or other compensation to such person or entity for the introduction. Client acknowledges and agrees that as an Introducing Broker or Third Party Advisor to TradeWiseFX, the Introducing Broker or Third Party Advisor does not hold or collect any margined funds on behalf of TradeWiseFX or for the Client's Account. TradeWiseFX does not control and cannot endorse or vouch for the accuracy of any information or advice Client may have or will receive from the Introducing Broker or Third Party Advisor and Client agrees that such Introducing Broker or Third Party Advisor does not in any form or manner represent or act for or on behalf of Tradewise. The Introducing Broker or Third Party Advisor will not have trade authorization privileges unless granted in writing by the Client. The Client under all circumstances understands and agrees that the Introducing Broker and/or Third Party Advisor is the Client's agent and not the agent of Tradewise.
TradeWiseFX is a wholly separate and independent entity from any Introducing Broker with which it has a business relationship. The Introducing Broker Agreement between TradeWiseFX and Introducing Broker does not establish a joint venture or partnership and any such Introducing Broker is not an agent or employee of TradeWiseFX.
- Joint accounts
Where the Application is for a joint account, whilst the account is owned jointly each Client severally has authority: to trade Client’s account without restriction, to receive all correspondence and documents in respect to Client’s account, to receive or withdraw money from Client’s account, to execute agreements relating to Client’s account, and to deal with TradeWiseFX fully. TradeWiseFX has the authority to require joint action by the parties of the account in matters of the account if TradeWiseFX decides at its discretion this is necessary. Client acknowledges that on the death of one of the joint parties all funds and property in Client’s account shall be deemed to be owned solely by the surviving party. TradeWiseFX reserves the right in the event of the death of one of the joint parties to require a copy of the death certificate and is entitled to put a hold on the account until this has been provided.
- Transfer of Customership
Client agrees that TradeWiseFX may transfer Customership to a third party at its sole discretion. Unless otherwise notified, following transfer, Client shall be a client of the third party with the same contractual conditions as Client had with TradeWiseFX.
- Data security and Confidentiality
Client agrees and acknowledges that Client is the exclusive owner and solely responsible, joint and severally if applicable, for the confidentiality and protection of Client’s account number(s) and password(s) that allow Client to place on-line orders and access TradeWiseFXelectronic trading systems. Client further agrees that Client will be fully responsible for all activities including brokerage transactions that arise from the use of Client’s account number(s) and password(s). Client agrees to indemnify and hold TradeWiseFX harmless from: if any other person utilizing Client’s confidential information provides instructions to TradeWiseFX that may be contrary to Client’s instructions. Client will immediately notify TradeWiseFX in writing or by e-mail of any loss, theft or unauthorized use of Client’s account number(s) and/or password(s). Client accepts that the data networks and the services which are provided through them are not completely safe, and that the user is responsible for the proper handling of the information and security of their own information systems. The user is also responsible for the equipment required to use the Services, the acquisition and operational condition of the links and software and to ensure that they do not cause damage or disruption to TradeWiseFX or a third party.
- No Tax, Accounting, Legal Market Advice or Trading recommendations
Client acknowledges that TradeWiseFX does not provide any tax, accounting or legal advice of any kind to Client. TradeWiseFX does not give advice or offer any opinion with respect to the profitability, suitability or potential value of a particular transaction or investment strategy. Client further acknowledge that any recommendations, research, market letters or other information (collectively, “Market Information”) provided to Client by TradeWiseFX does not constitute an offer or solicitation to sell or to buy any Forex or other property. Client assumes the risk of relying on Market Information and hereby will indemnify and hold TradeWiseFX harmless from any and all claims, demands, losses, damages or expenses TradeWiseFX may incur as a result of Client’s use of Market Information. Client agrees that any investment decision and transaction Client makes will be based solely on Client’s own evaluation of Client’s financial circumstances and investment objectives and whether such decisions and transactions are suitable with respect to your investment and/or trading strategy. TradeWiseFX does not provide buying or selling recommendations and neither do the services provide general information or other such information intended to guide the investment process of the client so the client must form their own view of the market or use the investment advice of specialists, taking into account that investment operations always come with high risk such as the loss of all invested capital. Client acknowledges and agrees that any market recommendations and information communicated to Client by TradeWiseFX, its employees or any Third Party do not constitute an offer to sell or the solicitation of an offer to buy any Foreign Currency. TradeWiseFX makes no representation, warranty or guarantee as to, and shall not be responsible for, the accuracy or completeness of any information or trading recommendation furnished to Client.
- Commissions, Fees and initial deposits.
Client understands and agrees that commissions and fees (as disclosed on TradeWiseFX's website or in writing to Client) are charged to Client’s account on any and all transactions Client enters into. TradeWiseFX may share commissions, fees, rebates and, from time to time, profits with the introducing broker who introduced Client to TradeWiseFX. Client agrees to pay all such commissions and fees. If Client is on a commission free account, Client will be charged a spread between the bid price of the instrument and ask price of the instrument. On initial deposits TradeWiseFX Ltd has a withholding period of 7 days after which the deposit is released for withdrawal.
- No guarantees
The Services of TradeWiseFX are provided "as is" and TradeWiseFX disclaims any express or implied guarantees. All utilization of the Services takes place at the sole risk of the user.
TradeWiseFX does not guarantee that:
- the Services or the material received through the Services corresponds to the user's expectations,
- the Services are available uninterrupted or timely, reliably or flawlessly,
- prices reflected in the trading platform are correct until fully settled, or
- the accuracy and quality of the information which the user has received through the Services, is error-free, or otherwise meets the expectations of the user.
In situations where upline technical failure results in incorrect fills, TradeWiseFX reserves the right to subsequently adjust and correct affected fill prices, whether to the benefit or detriment of the affected account.
- Client acknowledges that only one Request or Instruction is allowed to be in the queue at one time. Once Client has transmitted a Request or an Instruction, any further Requests or Instructions transmitted by Client are ignored and the “Order is locked” message appears until the first Request or Instruction has been executed.
- Client acknowledges that the only reliable source of Quotes Flow information is that of the real/live Server’s Quotes Base. Quotes Base in the Client Terminal is not a reliable source of Quotes Flow information because the connection between the Client Terminal and the Server may be disrupted at some point and some Quotes simply may not reach the Client Terminal.
- Client acknowledges that when Client closes the order placing/modifying/deleting window or the position opening/closing window, the Instruction or Request that has been sent to the Server shall not be cancelled.
- In cases where Client has not received the execution result of the previously sent Instruction and decides to repeat that Instruction, Client accepts the risk of duplicating the Transaction.
- Client acknowledges that if a Pending Order has already been executed and Client sends an Instruction to modify its level and the levels of If-Done Orders at the same time, only the Instruction to modify Stop Loss and/or Take Profit levels will be executed on the position opened when the Pending Order triggered.
Nothing in this agreement shall limit the statutory rights of the consumer.
- Limitation of liability
TradeWiseFX (including its possible service providers) is not responsible for any incidental or consequential damages, including delays, damages caused by unused service possibilities, loss of income, goodwill, user rights, or data or other economic losses, resulting from: use of the services or because these could not be used, costs arising from acquiring a substitute service, data or information received through the services or a message which has been received through the services, unlawful data transmissions or unlawful alterations to these, or other conditions connected to the services. Further, TradeWiseFX will not be liable for any loss or expense incurred by the client in connection with, or directly or indirectly arising from any failure by the company to perform any of its obligations as a result of a cause beyond its control; or the acts, commissions or negligence of any third party.
- Force majeure
A force majeure releases TradeWiseFX from any such obligations connected to its services, in so far as events prevent the functioning of its service or parts thereof or causes undue harm to it. Such events considered to be a force majeure are fires, earthquakes, floods, explosions, strikes and other cessations of work, the orders of officials, disturbances concerning the supply of energy, shortages of raw materials or equipment, war, civil unrest, externally caused by external sources resultant cable or data communication disturbances or other such reasons which were not previously known and for which prior preparation was not possible.
TradeWiseFX will inform users through written notification of the onset, estimated duration and cessation of the above-mentioned circumstances as soon as possible after the event has occurred, in so far as an announcement is possible. Written notification shall be understood as e-mail, mail or announcement on TradeWiseFX's website.
- Governing Law and Jurisdiction
This Agreement, the rights and obligations of the parties hereto, and any judicial or administrative action or proceeding arising directly or indirectly hereunder or in connection with the transactions contemplated hereby, whether brought by Client or TradeWiseFX, shall be governed by, construed and enforced in all respects by the laws of St Vincent and the Grenadines and the parties submit to the exclusive jurisdiction of the St Vincent and the Grenadines courts.
If not otherwise stated in any applicable written Addenda, The Client may terminate the Operative Agreements with immediate effect by giving Written Notice to Tradewise. Accordingly, TradeWiseFX may terminate the Operative Agreements with immediate effect by giving Written Notice to the Client. Any such termination will not affect any obligation which has already been incurred by either the Client or TradeWiseFX in respect of any Open Position or any legal rights or obligations which may already have arisen under the Operative Agreements or any Transactions and deposit/withdrawal operations made thereunder. Upon termination TradeWiseFX will be entitled without prior notice to the Client to cease to grant the Client access to the Trading Platform. Further, all amounts payable by the Client to TradeWiseFX will become immediately due and payable including (but without limitation):
- all outstanding fees, charges and commissions;
- any dealing expenses incurred by terminating the Operative Agreements; and
- any losses and expenses realized in closing out any Transactions or settling or concluding outstanding obligations incurred by TradeWiseFX on the Client's behalf.
If you have any questions, feel free to contact us at [email protected]
From time to time, TradeWiseFX may promote bonus offers. Where applicable, details, terms and conditions of current and prior offers are shown below.
General Bonus Terms and Conditions
- The Company has the right to amend, alter or terminate bonus offers at its sole discretion, and at any time without notice
- The Company reserves the right to refuse a bonus at its sole discretion without the need to provide justification
- Persons under the age of 18, or below the legal competent age in their country of residence ("minors"), are not permitted to participate in bonus offers
- Clients preferring not to take advantage of bonus offers should submit a general request via their Back-Office account and ask to be removed from the relevant bonus offer (Note: removal is a manual process that may take up to one business day)
- If the Company suspects that a Client has abused or attempted to abuse a promotion, or otherwise acted with a lack of good faith towards the Company, then the Company reserves the right, at its sole discretion, to deny, withhold or withdraw from that Client any bonus or promotion and, if necessary, to cancel any terms and conditions with respect to that Client, either temporarily or permanently, or terminate that Client's access to the service and/or block that Client's Account. The Company will not be liable for any stop outs or any other consequences that result from a bonus cancellation and/or removal
- Any dispute or situation not covered by these Terms will be resolved by the Company in a fair manner