Terms of Service and Conditions
By accessing and using the www.itradefxlive.com website, you (the user and/or client) agree to adhere and be legally bound by the following Terms of Service and Conditions.
- These Terms of Service and Conditions (from now on "Agreement") determine the contractual relationship between ItradeFxlive (Pty) Ltd ("we", "us", "our") and the user and/or client ("you").
- All users and/or clients are strongly urged to read this Agreement before making use of this Website as doing so implies entering into a contractual relationship with ItradeFxlive (Pty) Ltd.
- You agree that no joint venture, partnership, employment and/or agency relationship exists between you and ItradeFxlive (Pty) Ltd as a result of this Agreement and/or use of the ItradeFxlive (Pty) Ltd website.
- If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth herein, then the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
- This Website is not intended for distribution and/or use by any person in any country where such distribution and/or use would be contrary to local rules and laws.
2. OUR COMPANY
- ItradeFxlive (Pty) Ltd has registered offices situated at: 3rd floor, Mayfair on the Lake, 5 Park Lane, Umhlanga ridge, 4319
- "ItradeFxlive (Pty) Ltd" is also the trade name of our company.
3. OUR SERVICES
- The services of ItradeFxlive (Pty) Ltd are provided electronically, solely through this Website. The nature of our services is strictly informative and it does not constitute advice on any specific matter in any manner whatsoever.
- Our services through our Website include, but are not limited to:
- The provision of general information about the global stock exchange and financial markets, relevant price indexes, alternative income sources and methods, investments in the markets mentioned above, foreign exchange ("forex"), contracts for difference (CFDs), futures, share options, options, shares and related markets and products.
- Technical and fundamental analysis of the markets mentioned above and/or products.
- The organization and conducting of seminars (webinars), meetings and/or workshops through the Internet with reference to the aforementioned services upon prior request and Agreement.
- ItradeFxlive (Pty) Ltd has the right, after prior notice, to increase subscription and/or membership fees.
4. OPENING AN ACCOUNT
- When opening an account with us, you will be asked to provide certain personal and other information, such as, but without limitation, name, surname, "display name" or "nickname", inviter name or "display name" or "nickname" and/or inviter number, date of birth, place of residence (country, city), telephone number, gender and electronic mail address (e-mail). This information serves, among other, the purposes of complying with legal requirements (e.g. legal age of accessing and/or using our Website), statistical purposes, promoting different services and, ultimately, ensuring the quality of the services you receive.
- Additionally, you may be asked to provide your IBAN (International Bank Account Number) and relevant information when payments are made through Payfast or other such channels. You are hereby informed that such services operate through their own terms and conditions and, as such, we cannot and do not accept any liability arising out of the services provided by them.
- Some of our services may fall outside the general scope of the services offered through this Website (e.g. becoming a representative) and, as such, may demand compliance with different terms and conditions. Such procedure, always upon your own request, shall take place upon private communication between you and ItradeFxlive (Pty) Ltd, and shall involve an entirely separate agreement.
5. UNAUTHORIZED ACTIVITIES
- You agree and acknowledge that you will not use this Website, our products and/or services for any unauthorized activity. For these purposes, "unauthorized activity" means any act including, but not limited to, money laundering, arbitrage, or other practices that may constitute an offence, either civil or criminal.
- You may not make use of our Website in any manner which could damage, disable, overburden and/or impair our Website and/or interfere with any other user and/or client's enjoyment thereof.
- You may not obtain and/or attempt to obtain any materials or information through any means not intentionally made available or provided through our Website.
- You will not transmit to or in any way, whether directly or indirectly, expose our Website and/or systems to any computer virus or other similarly harmful or malicious material or device.
- We retain the right to suspend, close your account and/or otherwise terminate our contractual relationship with you with immediate effect, where we reasonably believe that use of this Website involves an unauthorized activity.
6. USE OF COMMUNICATION SERVICES
The ItradeFxlive (Pty) Ltd website may contain bulletin board services, chat areas, news groups, forums, communities, personal webpages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively and hereinafter, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and/or material that are proper and/or related to the particular Communication Service and website content.
By way of example, and not as a limitation, you agree that, when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and/or publicity) of others.
- Publish, post, upload, distribute and/or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent and/or unlawful topic, name, material and/ or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own and/or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files and/or any other similar software and/or programmes that may damage the operation of another's computer.
- Advertise and/or offer to sell and/or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes and/or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify and/or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin and/or source of software and/or other material contained in a file that is uploaded.
- Restrict and/or inhibit any other user and/or client from using and/or enjoying the Communication Services or Website in general.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest and/or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
- ItradeFxlive (Pty) Ltd has no obligation to monitor the Communication Services. However, ItradeFxlive (Pty) Ltd reserves the right to review materials posted through a Communication Service and to remove any materials at its sole discretion. ItradeFxlive (Pty) Ltd also reserves the right to terminate your access to any and/or all of the Communication Services at any time without notice for any reason whatsoever.
- ItradeFxlive (Pty) Ltd further reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process and/or governmental request, or to edit, refuse to post and/or to remove any information or materials, in whole or in part, at ItradeFxlive (Pty) Ltd's sole discretion.
- You, as user and/or client, either current or prospective, are urged to use caution when giving out any personally identifying information about yourself and/or your children in any Communication Service. ItradeFxlive (Pty) Ltd does not control and/or endorse the content, messages or information found in any Communication Service and, therefore, ItradeFxlive (Pty) Ltd specifically disclaims any liability with regard to the Communication Services and/or any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized ItradeFxlive (Pty) Ltd spokespersons, and their views do not necessarily reflect those of ItradeFxlive (Pty) Ltd.
- Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
7. EXCLUSION OF LIABILITY
- You must be over 18 (eighteen) years of age (or the minimum legal age in the jurisdiction in which you are viewing and/or making use of this Website) in order to enter into a contractual relationship with us.
- Our services are currently provided solely electronically. We are not liable for any system failure either from your side or ours including, but not limited to, internet connection, electricity power cut, telephone communication failure, high Internet traffic demand, malicious interference/access to your system or ours, hardware error, mobile applications non-compatibility with our System, including our proprietary or third party system. We cannot and do not guarantee that the software and/or the system that we own or manage on behalf of any third party are uninterrupted and/or error free and/or available at all times.
- In no event shall we be liable for lost profits or any special, incidental or consequential damages arising out of, or in connection with, our Website, software, system, products and/or services except as stated in this Agreement.
- All natural and/or legal persons visiting and/or using this Website are so doing at their own initiative and are responsible for conforming to their local laws and regulations.
- You agree to indemnify us and hold us harmless with regard to any loss, damage, liability, cost or expense that we may suffer or incur due to your acts and/or omissions, misrepresentations, misleading acts or breach of your obligations arising out of this contractual relationship.
9. RISK WARNING
- You acknowledge that there are potential financial risks when engaging in foreign exchange trading and trading in relevant markets. This section, along with the entire Agreement should always be read in conjunction with our separate Risk Disclaimer, which forms an integral and indivisible part thereof.
- You also acknowledge that trading in Foreign Exchange ("Forex"), Contracts for Differences ("CFDs"), commodity futures, options, spread betting and in such markets carries a high degree of risk and may not be suitable for you. Before deciding to trade in this market, you should carefully consider your financial condition, level of experience and risk appetite.
- You should at least undertake reasonable efforts to make yourself aware of all the risks involved with this type of trading and seek advice from an independent financial advisor should you have any doubts. The possibility exists that you could sustain a loss of some or all of your initial investment and therefore you should not invest money that you cannot afford to lose. By making use of the services of this Website and/or engaging in such trading activities as a result thereof, you are deemed to have undertaken the said reasonable efforts in making yourself aware of all such risks involved.
- You are hereby informed that any indication of past performance or simulated past performance included in an advertisement published by ItradeFxlive (Pty) Ltd and/or future performance is not a reliable indicator of future results.
- You further acknowledge that any opinions, news, analysis, prices, or any other information contained on this Website is presented as market comments and does not constitute investment advice or any other type of advice whatsoever. ItradeFxlive (Pty) Ltd and any of its affiliates, agents and/or licensors bear no responsibility for any losses and/or damages including, but not limited to, loss of profit that can arise directly or indirectly from usage of or dependence on such information.
- Furthermore, ItradeFxlive (Pty) Ltd does not take into consideration your personal goals and/or targets, your financial situation and/or your needs. Any view, comment and/or other information on this Website exists for the sole purpose of general information and in no case does it represent advice of any kind and/or encouragement of any type towards any transaction whatsoever. As such, reliance on such information is done so at your own risk and we shall not accept liability for any losses whatsoever arising therefrom.
- Users and clients, either current or prospective, are also made aware of the operational hazards inherent in any type of transaction in this type of trading market through the Internet which may have an effect on the execution and/or settlement of your transactions. Since ItradeFxlive (Pty) Ltd does not control the signal power, its reception and/or its way through the Internet, configuration of your equipment and/or reliability of its connection, we are not responsible for communication problems, delays and/or interruptions when it comes to online transactions. ItradeFxlive (Pty) Ltd bears and/or accepts no such liability except to the extent where such liability has been caused by fraud and/or fraudulent intent.
10. SUSPENSION OF SERVICES
- In the unlikely event that we may need to suspend our services, we will terminate our contractual relationship with you after providing you with relevant time's notice and subsequently close all user and/or client accounts, at which point your money shall be refunded according to the time remaining on your subscription.
- The personal data we require from you throughout our cooperation is safely stored in our electronic systems, it is treated CONFIDENTIAL and protected by Data Protection laws. It is our policy not to disclose user and/or client information to non-affiliated third parties except with your consent or where required for legal or regulatory purposes.
- Notwithstanding the above, there are certain cases where information cannot be considered confidential. This occurs where it can be proved that such information is:
- already available to the public, through no act or omission of the recipient or of any other third party owing an obligation of confidence to the receiver;
- rightfully received from a third party without any restrictions as to its use or disclosure; and
- required to be disclosed pursuant to legal or regulatory requirement.
12. INTERNAL/EXTERNAL LINKS, BROADCASTING AND INFORMATION
- Our Website may contain broadcasts, publications, links to both internal and external websites which are relevant to the content and nature of our services. The scope of this information is solely to provide you with relevant information with regard to our services, to keep you up to date with market news and provide you with background information on the relevant market/s. These links are not recommendations or advertisements by third parties. They merely serve information and reference purposes and we do not assume liability for the accuracy of such information or for the content of the links. Such links or the operators thereof, any changes and/or updates therein, webcasting and/or any other form of transmission received from any such link is not under our control, it does not imply endorsement by ItradeFxlive (Pty) Ltd thereof and, as such, we assume no liability for reliance thereon.
- You may be asked to register or subscribe before viewing the content of external links; it is upon your discretion to do so. We do not hold ourselves liable for the material of those links, and/or any exposure that your data may be subject to should you decide to disclose personal information. Notwithstanding the above, should you consider that certain content of external links may be in breach of our rules and/or policies or they are irrelevant to our business, please notify us by e-mail.
- ItradeFxlive (Pty) Ltd has taken all reasonable measures towards providing information accuracy on the site. However, due to the public nature of the Internet, ItradeFxlive (Pty) Ltd cannot and does not at any time guarantee the accuracy, completeness and/or timeliness of such information. Information contained on this Website is provided "as of the date published or indicated" and solely intended for informational purposes and is obtained from sources believed to be reliable and accurate and as such is provided without warranty and/or condition of any kind. Subsequently, we shall not accept liability for any loss and/or damage that may arise directly or indirectly from the content of the information published on our Website or reliance on your part thereon. Information is in no way guaranteed. The content of this Website can be amended at any time without notice.
13. MATERIALS/INFORMATION PROVIDED TO OR POSTED ON ANY ItradeFxlive (Pty) Ltd WEBSITE
- ItradeFxlive (Pty) Ltd does not claim ownership of the materials you provide to ItradeFxlive (Pty) Ltd (including feedback , suggestions, opinions, etc.) or post, upload, input and/or submit to any ItradeFxlive (Pty) Ltd Ltd website and/or its associated services (collectively and hereinafter "Submissions"). However, by posting, uploading, inputting, providing and/or submitting your submission/s, you are granting ItradeFxlive (Pty) Ltd, its agents, associates, affiliated companies and/or necessary sublicensees permission to use your submission/s in connection with the operation of their internet businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and/or reformat your such submission/s and to publish your name in connection with your submission/s.
- No compensation shall be paid with respect to the use of your submission/s, as provided herein. ItradeFxlive (Pty) Ltd is under no obligation to post and/or use any submission/s you may provide and may remove any submission/s at any time at its sole discretion.
- By posting, uploading, inputting, providing and/or submitting your submission/s you warrant and/or represent that you own and/or otherwise control all of the rights to your submission/s as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input and/or submit such submission/s.
- You may be liable to pay taxes arising out of your forex and/or other trading activities, usually with regard to the profits you made, depending on the local jurisdictions in which you are tax resident. We do not collect taxes on your behalf.
- Additionally, we do not provide you with tax advice of any kind whatsoever and we do not deal with any tax related issues. You should address any tax-related issues to your tax advisor.
- We may, at our own discretion, change and/or amend any term and/or condition in this Agreement at any time and without notice. After any such change and/or amendment, notice thereof shall appear so that you are always aware of the Agreement between you and ItradeFxlive (Pty) Ltd Ltd. The amendments shall appear in this Agreement and your use of this Website thereafter shall constitute the Agreement between you and ItradeFxlive (Pty) Ltd.
- The latest version of this document shall supersede any and all other previous versions.
- ItradeFxlive (Pty) Ltd reserves the right, at its sole discretion, to restrict, suspend and/or close your account and/or otherwise terminate your access to the ItradeFxlive (Pty) Ltd website and the related services thereof, either in whole or in part, without notice.
- Should you wish to close your account, you must notify us in writing, providing at least ten (10) days' notice. Should we wish to close your account, we will also notify you in writing, providing reasonable notice unless there are grounds which justify earlier or immediate termination of our contractual relationship with you. Grounds for early or immediate termination may include, but are not limited to, material breach of any term in this Agreement; and/or any act of bad faith such as unauthorized use of this Website; and/or abusive acts or any acts that may jeopardize our goodwill and business; and/or misleading, untrue statements, fraudulent or misrepresenting information; and/or bankruptcy, insolvency or receivership of either party.
- ItradeFxlive (Pty) Ltd also retains the right to restrict, suspend and/or close your account and/or otherwise terminate our contractual relationship with you due to regulatory restrictions that may be imposed on us.
- For the purposes of the provisions within this article, correspondence via e-mail shall be deemed appropriate and adequate.
17. FORCE MAJEURE
- We shall not be liable for any failure in the performance of this Agreement should such failure be caused by unforeseeable events including, but not limited to, acts of God, war, natural disasters, governmental decree, power failure, failure in communication lines or other network failure, judgment or legal order, strike or other circumstance which is beyond our reasonable control.
- In case you have a complaint, please communicate it to us via e-mail. All complaints are dealt with swiftly and vigorously, and relevant action is taken to ensure that you are assisted accordingly.
- Your communication with us is by:
- Address: ItradeFxlive (Pty) Ltd 3rd floor, Mayfair on the Lake, 5 Park Lane, Umhlanga ridge, 4319
- Phone: 0315621499
- E-mail: firstname.lastname@example.org
Please keep in mind that our telephone calls may be recorded to safeguard and protect your interests and for us to ensure the utmost quality of our services.
We may, but are not obligated to, retain any communication with you.
20. LEGAL NOTICE
- This Website contains general information only and does not constitute advice of any kind on any specific matter. By using this Website you confirm that you have not relied on any such content and your continued use of it will indicate your acceptance of this Agreement. The information is provided by ItradeFxlive (Pty) Ltd and while we endeavour to maintain the information correct and up to date, we make no representations or warranties of any kind, express or implied, with regard to the completeness, accuracy, reliability, suitability, availability or timeliness with reference to the Website or the information, products, services, or related graphics contained therein for any purpose. Any reliance you place on such information is strictly at your own risk. Should you have queries on any specific issue or matter, please contact us.
- This Website may, from time to time, include links to other websites. Such other websites, their nature, content and availability are not under the control of our company. These links are provided for further information purposes only and are not intended to signify that we recommend or endorse such websites, the views expressed therein or the content thereof.
- You may not create a link to this Website from any document and/or Website without our prior written consent. Where lawfully permitted, ItradeFxlive (Pty) Ltd excludes all liability whatsoever for any loss and/or damage howsoever arising out of the use of this Website or reliance upon the content thereof.
- Every effort has been, is and will be undertaken to ensure that this Website is up and running smoothly. Nevertheless, we take no responsibility for, and will not be liable for, this Website being temporarily unavailable due to technical issues beyond our control.
- Users and/or clients and prospective users and/or clients are urged to read our detailed Legal Notice contained in our Website, which should always be read in conjunction with this Agreement and which forms an integral and indivisible part thereof.
21. COPYRIGHT NOTICE – INTELLECTUAL PROPERTY – TRADEMARKS
- This section, along with the entire Agreement, should always be read in conjunction with our separate Copyright Notice, which forms an integral and indivisible part thereof.
- The content of this Website or any part thereof constitutes copyrighted material and is the property of ItradeFxlive (Pty) Ltd, its suppliers, agents and/or licensors. This content includes, but is not limited to, the design, layout, look, appearance, graphics, written materials, logos, photos, video and audio. Any redistribution and/or reproduction of part or all of the contents in any form is prohibited other than extremely rare circumstances.
- You may not, except with our express written permission, distribute or commercially exploit the content of this Website. You may not transmit, broadcast, sell or publish any portions of it or store it in any other website or other form of electronic retrieval system. Visitors, users and/or clients have no rights whatsoever to use the content of this Website or portions thereof including its databases, invisible pages, underlying code or other intellectual property this site may contain.
- The names of actual companies and/or products mentioned herein may be the trademarks of their respective owners.
- Any rights not expressly granted herein are reserved.
- The contents of this Website fall under the protection of copyright laws. Unauthorized use of this Website may give rise to claims for damages and/or criminal offence charges.
- This Website and its content are the Copyright © 2020 of ItradeFxlive (Pty) Ltd. ©ItradeFxlive (Pty) Ltd. All rights reserved.
- The English version of this Website and this Agreement is the official, authoritative version. Translations that may be provided are for your convenience only and should always be cross-referenced with the English text, which is the only version of the text intended to have legal effect.