Terms & Conditions

INTRODUCTION

Greetings and welcome to the Red Fox Forex trading platform, a service of Company name, located at redfoxforex.com (hereinafter referred to as “Company name”, "Company”, "we", "us", or "our"). Each registered or unregistered end user (hereinafter referred to as "User", "you" or "your") of the Red Fox Forex trading platform, located at https://redfoxforex.com or such other URL as may be designated by Company from time to time is bound by these Terms of Use ("Terms"). The Red Fox Forex trading platform is considered part of the Company name as defined in the Terms of Use set forth here. The Company name Terms, which also regulate your use and access of the trading platform, are incorporated by reference into these Terms. The Terms will take precedence over and govern the FckFor Terms in the case of a conflict. Please carefully review these Terms and the Terms.

The website of Red Fox Forex trading platform (and/or mobile version of the website) and any other software, tools, features, or functionalities provided on or in connection with our services (collectively, the "Service") are subject to the Terms.

IF YOU DO NOT AGREE AND/OR CAN NOT ACCEPT THE TERMS OR THE TERMS OR ANY FUTURE CHANGES, DO NOT USE OR CONTINUE TO USE THE RED FOX FOREX. CONTINUATION OF USE OF THE TRADING PLATFORM FOLLOWING THE POSTING OF ANY NOTICE OF ANY CHANGE TO THESE TERMS OF THE SERVICE SHALL CONSTITUTE YOUR ACCEPTANCE AND AGREEMENT TO SUCH CHANGE.

1. The Service and Rules of Trading

The Service includes, but not limited to, the following actions of the User:

  • - Trading contracts for differences ("CFDs");
  • - Trading derivative financial contracts;
  • - Trading crypto assets;
  • - rading swaps relating to crypto assets (total return swaps) ("TRS");
  • - Investment in securities.

A User is obliged to follow specific rules of trading when using The Service. These are:

  • - You must not attempt to circumvent or reverse-engineer the trading platform's security measures;
  • - You are not permitted to utilize any software, artificial intelligence, ultra-high speed, or mass data entry when using our systems and/or the Service that could provide you an unfair advantage;
  • - You won't engage in transactions that manipulate our platform, for instance, entering into a buy trade as well as a sell trade for the same or a similar product at the same or a similar time;
  • - You will refrain from engaging in transactions or combinations of transactions, such as holding long and short positions in the same or similar instruments at the same and/or similar time, whether by yourself or in concert with others with the intent of manipulating the eToro trading platform for financial gain;
  • - You must not act unfairly, abusively, manipulatively, or illegally when using our Services;
  • - You must not enter into trades aimed at exploiting errors in prices and/or conclude trades at off-market prices;
  • - Your order must neither violate exchange rules, laws governing securities and commodities, or any other relevant regulations, nor be intended to defraud or manipulate the market.

If you earn money on our platform by violating the aforementioned regulations, we might decide not to pay it to you or, if we have already paid you, we might deduct the appropriate amount of money from your Red Fox Forex account.

We shall document any violations of the aforementioned regulations that you commit. Additionally, we reserve the right to cancel your orders, block, freeze, or terminate our services, your Red Fox Forex account, and/or our agreement with you. We may, but are not obliged to, give you notice of this, subject to any applicable law.

2. Jurisdiction

Red Fox Forex trading is regulated by the jurisdiction of the European Economic Area (EEA) and comply with Directive 2014/65/EU (MiFID 2). Together with Regulation (EU) No 600/2014 it provides a legal framework for securities markets, investment intermediaries, and trading venues. The directive provides harmonized regulation for investment services of the member states of the European Economic Area — the EU member states plus Iceland, Norway, and Liechtenstein.

If you are using the Service outside of EEA jurisdiction, you also represent and warrant that you will abide by all applicable laws (such as local, state, federal, and other laws). You are solely responsible for ensuring that your access and use of the Service in your country, territory or jurisdiction does not violate any applicable laws.

3. User Assessment

Trading Services and the Appropriateness Assessment

The Trading Services is an execution-only service. This implies that you will be accountable for all trading decisions and actions related to the trading operations you conduct. This includes, but is not limited to, opening, closing, or not opening or closing, a transaction.

Usage of our Trading Services may involve trading a complex product, such as CFDs or TRS. We are required to assess if this kind of product is suitable for you before you trade in one (the "Appropriateness Assessment"). We accomplish this by gathering information from you regarding your investment understanding and experience in trading such products, whereupon assessing such information.

You may not be permitted to trade in such products, or you may be given a warning regarding the trading of them, if we believe that such product is inappropriate for you or if you fail to provide us with the information required to conduct the Appropriateness Assessment.

Copy Trading Services and the Suitability Assessment

The Copy Trading Services is a limited form of discretionary investment management. This implies that we must determine whether our services are suitable for you before you engage in a copy trade (the "Suitability Assessment"). This is accomplished by gathering information from you regarding your investment knowledge and prior trading experience, your investment goals, as well as your risk tolerance, and your financial situation, including whether you are capable of sustaining losses that are compatible with your investment goals.

You won't be able to engage in copy trades on the Red Fox Forex platform if we determine that our Copy Trading Services are not suitable for you as a result of the Suitability Assessment, in accordance with our obligations under Applicable Law and our internal policy and procedures, or if you fail to provide us with the information necessary to conduct the Suitability Assessment.

Your Suitability Assessment may occasionally be updated. Additionally, you shall inform us if there has been a change in your knowledge, experience, financial situation, or investment goals, including your risk tolerance, so that we can update your Suitability Assessment.

Client Classification

We will classify you as a retail client for the purposes of the Services. Under Applicable Law, retail clients are granted the highest level of protection. You are free to ask that we reclassify you as a different client category, but we are not obligated to comply. You may lose certain protections if you are reclassified as a professional client. In this case, we will provide you with a Client Categorization Notice outlining both the regulatory protections you will retain and those you will lose. A provision in the Client Categorization Notice will take precedence over any provision in this Agreement that conflicts with it or differs from it.

Information Provided by You

You understand and agree that we may depend on the information and documents you provide as part of the Appropriateness Assessment and/or the Suitability Assessment procedure, and that we will not be held liable for any losses or damages that may result from any inaccuracies. Additionally, you commit to providing us with updated, accurate, and complete information so that we can conduct each Appropriateness Assessment and/or Suitability Assessment at our reasonable request, as well as to immediately notify us of any changes to the information and documents you have provided. PLEASE, READ CAREFULLY OUR PRIVACY POLICY IN ORDER TO LEARN MORE ABOUT HOW WE COLLECT AND USE YOUR PERSONAL INFORMATION.

4. User’s Account

In order to apply for a Red Fox Forex account, you must fill out an online application form and provide us with the requested information so that we are able to identify you, confirm your identity, and conduct fraud checks, sanctions checks, anti-money laundering (AML) checks, counterterrorism checks, and any other checks sanctioned by applicable law.

If you are applying for a Red Fox Forex account on behalf of a business, you must have the authority to enter into agreements, including this Agreement, on behalf of that business. If you have multiple Red Fox Forex accounts, we might merge them into one. Additionally, we have the right to impose restrictions on the total number of Red Fox Forex accounts that you may own.

If we accept your application, we will open a Red Fox Forex account for you. You will need to choose a username and a password to access your account and we may also require other security details.

It is your responsibility to take all necessary precautions to protect your Red Fox Forex account. For instance, you should keep your security information safe, including your username and password. You should choose a password for your eToro account that is both hard to guess and unique (for example, use a mix of uppercase and lowercase characters, digits, and symbols). We advise against using a password that you have already used for other platforms or services. In order to keep your account secure, you should also enable two factor authentication.

If you believe someone else may have obtained your security information, you must alter it and contact us as soon as possible. If we decide it's essential for security or legal reasons, we may restrict access to your Red Fox Forex account or to our Services. For instance, if we believe someone has access to your account and/or is using it without your consent. Additionally, we may contact you to provide you with new security information or to request you to update your security information.

You must not grant anyone access to and/or control over your Red Fox Forex account. Giving another individual access to and/or control of your Red Fox Forex account is something you choose to do at your own risk, and we will not be held liable for consequences of such choice. We will not refund your money, for instance, if they place trades or copy trade deals and lose money. For security and legal reasons, we reserve the right to reject or cancel any orders placed by any third party.

You may access information about your trading actions online in your Red Fox Forex account, including records of the trades you've conducted, open positions, margin, cash balances, and other details about your trades and orders. No later than 24 hours following any activity, your Red Fox Forex account will be updated. You will have the option to filter this data in a variety of ways, such as monthly. We are not obliged to provide this information to you in hard copy or via email.

5. Closing/Blocking access to your Account

You may close your Red Fox Forex account at any time by sending a request to us via email or by selecting the option in the settings menu in your account section. Any orders you placed prior to requesting that your account be closed will be executed as well as closed (where appropriate). You may, at our sole discretion, be allowed to place new orders during the seven-day period, and we shall execute and/or close (as applicable) those orders before the seven-day period ends. Any orders that we execute or close require you to pay the related fees. Nevertheless, if you have trades which are open after your request for closing your account, you should close these trades yourself. Otherwise, we will close all of your trades when we close your Red Fox Forex account. If this causes you to lose money, we will not be held responsible.

We may also suspend, block, or terminate our Services for you and/or your Red Fox Forex account if:

  • - We decide to stop providing you with Services;
  • - We require you to provide us with information to enable us to comply with our obligations under Applicable Law and/or internal procedures, and you cannot or do not provide us with the information, or the information you provide to us is inaccurate, incomplete or misleading;
  • - You breach the rules of trading set out in Clause 1 “The Service and Rules of Trading”;
  • - An "Event of Default" occurs. More information is provided in Clause 10: “Event of Default & Unavoidable Exceptional Event”;
  • - An "Unavoidable Exceptional Event" occurs. More information is provided in Clause 10: “Event of Default & Unavoidable Exceptional Event”.

We will take reasonable steps to provide you with appropriate notice if we freeze, block, or terminate our Services and/or your Red Fox Forex account. However, there might be times when we are required to freeze, block, or terminate our Services and/or your Red Fox Forex account without telling you in advance. We will do this if we reasonably believe that there is a security or regulatory risk, you have breached the Agreement, there is an Unavoidable Exceptional Event, Event of Default we are required to do so by Applicable Law or by a regulator, and/or there is an application, order, resolution or another announcement in relation to a winding up/bankruptcy in which you are involved.

6. Payment System

Payment Method

You must link your Red Fox Forex account to a current account, debit card, credit card, electronic wallet, or other payment method in order to make deposits into your account. We may, but not obliged to, allow you to link multiple payment methods. We may accept different payment methods in different countries.

The payment method must belong to you, and must be in your name. We do not accept money from people who are not you. For the purpose of identifying the details and the ownership of your payment method, we may request the corresponding documents from you. You will not be able to make deposits into your Red Fox Forex account and will not be able to use the Service if we cannot validate the information on your payment method or that it belongs to you.

Deposit

You can add money to your Red Fox Forex account by using one of your payment methods. Cash and checks are not accepted. We may charge you a "transfer fee" if your payment method levies a fee on us, such as a payment transfer fee, a payment processing fee, or a currency conversion fee. As soon as we confirm that your money is coming from you, it will appear in your Red Fox Forex account. The amount of money you can deposit into your Red Fox Forex account may be limited by us. If we do this, we will let you know in advance. Any funds received through a payment method that is not in your name may be returned. If there are fees associated with returning your money to you, we will subtract that amount from the money you are receiving.

Withdrawal

You can withdraw money from your Red Fox Forex account by returning it to the payment method that it was deposited with, subject to any applicable laws and other regulatory restrictions that may be in place (including AML restrictions), which may oblige us to cancel the transaction to such payment method. We may allow you to withdraw funds to an alternative payment method if we are confident that the alternative payment method is in your name and is authorized by us (subject to any applicable laws and regulatory restrictions, including AML restrictions).

If withdrawing money from your Red Fox Forex account would leave you with insufficient funds to cover any pending transactions and/or applicable fees or charges, you might not be able to do so. Additionally, to protect your money against fraud, we may put a limit on how much can be taken out of your account. The minimum amount per withdrawal is set out on our website. However, if you are closing your Red Fox Forex account, this restriction will not apply.

We will process a valid and complete withdrawal request by the end of the following business day. Our processing may be delayed or declined if required under Applicable Law, including if we have an AML concern. We may, or may not be able to, disclose to you the reasons for such delay or rejection. Please note that once your withdrawal request has been processed it might take a few days for your payment processor to update the balance in your account, depending on your payment processor's policy and procedures. If you take money out of your Red Fox Forex account after 11.00 am Eastern European Time, or on a nonbusiness day, we may not process your withdrawal request until the next business day. These Terms of Use regard a business day as a Monday to Friday period, but not a public or a bank holiday.

7. Regulatory Status of Your Money

Retail Clients

As a Retail Client, any money which you have transferred or transfer to us, or which has been transferred to us, which is to be held by us on your behalf, is Client Money within the meaning of the Client Money Rules, and will be held by us on trust for you at all times and for this purpose. In accordance with the requirements of the Client Money Rules, Client Money must be and will be segregated from our own money. In the event of our insolvency, Client Money will be excluded from the assets available to our creditors. We may hold Client Money on your behalf in an account with a bank, or third party which may be located inside or outside the European Economic Area. Any such account will be segregated, and held in an account or accounts identified separately, from any account in which our own money or assets is held with the bank or third party, but where we hold Client Money with a third party may be subject to set-off rights of that third party. The legal and regulatory regime applying to any bank or third party located outside the EEA will be different from that of the EEA and in the event of the insolvency or any other equivalent failure of that bank or third party, your Client Money may not be as effectively protected as if your Client Money is held with an equivalent bank or third party in the EEA.

Professional Clients

If you have been classified as a Professional Client we will hold your money as Client Money, unless we have agreed in writing that in relation to any money received by us from you, or received by us on your behalf the following terms for Professional Clients’ money apply:

  • - Full ownership of such money is transferred by you to us for the purpose of securing or covering all your present or future, actual or contingent, or prospective, obligations to us under this Agreement or otherwise;
  • - We acquire full ownership of such money and we will not hold such money in accordance with the Client Money Rules;
  • - You will have no proprietary claim over such money and we can deal with it as our own;
  • - We will owe you a debt equal to the amount of such money received by us, subject to any set-off rights under, or other terms of, this Agreement, or under general law;
  • - In the event of our insolvency you will rank as a general creditor of ours in relation to such money;
  • - We shall pay to you all or part of any amount owed by us to you under this clause to the extent that we consider, in our discretion, that the amount of money you have transferred to us exceeds the amount required by us to secure or cover all your present or future, actual or contingent, or prospective, obligations to us under this Agreement or otherwise;
  • - We shall be obliged to pay to you all amounts owed by us to you under this clause upon the earliest of:
    •  a. termination of the title transfer arrangement in accordance with this clause;
    •  b. termination of this Agreement.

Fixed term deposits

Where we consider it appropriate to do so and in accordance with applicable laws and regulations, we may from time to time hold a proportion of the total Client Money that we hold for our clients in relation to a particular line of business in an account from which we will be unable to make a withdrawal until the expiry of a fixed term or notice period. We will take appropriate measures, including in setting the relevant proportion, to allow us to return Client Money to our clients promptly as and when required to do so in the ordinary course of business. However, there is a risk that in exceptional circumstances (for example, where there are unusually high Client Money outflows) your money may not be immediately available and you may have to wait until the expiry of a fixed term or notice period before we can return some or all of the Client Money that we hold for you.

Money market funds

We may from time to time hold Client Money in a qualifying money market fund. Where we hold Client Money in a qualifying money market fund it will not be held in accordance with the requirements for holding Client Money. However, we will hold the relevant units or shares that we are issued in such funds in accordance with the Applicable Law.

YOU HEREBY EXPLICITLY CONSENT TO THE PLACEMENT OF YOUR CLIENT MONEY IN A QUALIFYING MONEY MARKET FUND.

Taxes

You are responsible for the payment of all taxes that may arise in relation to your Trades. Where, as a result of your trading, there is a tax charge, stamp duty, transfer tax, dividend tax, withholding tax or other taxes or duties due in any jurisdiction, we reserve the right to pass these on to you. We may elect to do so by withholding any such amounts from your realized profits. We shall not be responsible for any taxes that may arise as a result of a change in law or practice or by reason of your paying tax in a jurisdiction other than the European Economic Area. We shall not be responsible for advising you on any change in tax law or practice. You shall in all circumstances be responsible for your own tax advice in relation to your Trades.

Right of set-off, liens, and equitable charges

To the extent permitted under Applicable Law, we have the right to deduct (or set-off) any money or liability that you owe us from the money in your Red Fox Forex account, and/or to close your open positions, whether at a loss or at a profit and subsequently liquidate your Red Fox Forex account for the liability payable by you. If you have more than one Red Fox Forex account, we have the right to set-off any money or liability that you owe us under one Red Fox Forex account, from the money available in your other Red Fox Forex accounts, or from the proceeds of the sale of products that we hold for you in your other Red Fox Forex accounts.

To the extent permitted under Applicable Law, we shall have a general lien and equitable charge on the products that we hold for you and the money in your Red Fox Forex account, until any money, fees, charges and liabilities that you owe to us is paid. Your money will continue to be treated as client money, and your assets will continue to be treated as client assets, in accordance with these Terms and Conditions and any Applicable Law, until the point in time where there is an Event of Default or an Unavoidable Exceptional Event, and where we subsequently decide to exercise our rights under the general lien and/or equitable charge.

8. Assumption of Risks

You face the risk of losing all the money you've put into your Red Fox Forex account if you use our services. Therefore, you should never trade or invest money that you cannot risk losing. Please, make sure that you fully understand the risks involved before deciding to trade with us taking into account your financial resources, level of experience, and risk appetite. You should also consult an independent financial counselor if necessary.

The actual returns and losses experienced by you will vary depending on many factors, including, but not limited to, market behavior, market movement, and your trade size. The value of your investments may go up or down. Past performance is not a guide to future performance.

When you trade on a digital platform, such as the Red Fox Forex platform, there is a risk that you will lose money as a result of:

  • - The failure of your computer/mobile/digital device (including its battery);
  • - A weak internet connection, or a weak mobile connection, which means you may not be able to connect to the Red Fox Forex trading platform, or if you are able to connect there may be a delay;
  • - Hacking or the use of malicious software that allows a third party to gain access to your information and/or assets;
  • - Your device being incompatible with the Red Fox Forex trading platform or system specifications, including due to incorrect settings or system specifications;
  • - The failure or malfunction of Red Fox Forex’s or your hardware or software.

Some of the features available on the Red Fox Forex trading platform may not be available if you are accessing the platform on a mobile device. Please, note that you must monitor your trades. If you believe you have an order or trade that is not showing on the Red Fox Forex trading platform, or have any other issue or problem with any order or trade, you should contact us immediately.

9. Limitation of Liabilities

Nothing in this Agreement shall limit or exclude our liability for death or personal damage resulting from our negligence, for fraud or fraudulent misrepresentation, or for liability that cannot be excluded under any applicable laws or regulatory requirements. Otherwise, we shall not be liable for:

  • - Events outside our control;
  • - Any action we may take under clause 10 (Event of Default & Unavoidable Exceptional Event) provided that we act within the terms of those clauses and in particular act reasonably where required to do so;
  • - Any failure of communication (for any reason) including, without limitation, the unavailability of our Website (including the Trading Platform) and/or our telephone systems;
  • - The use, operation, performance and/or any failure of any third party trading systems, software or services not provided by us;
  • - Any claim loss, expense, cost or liability suffered or incurred by you except to the extent that such loss or expense is suffered or incurred as a result of our breach of the Agreement, negligence or wilful default;
  • - Neither we nor any other associated parties are responsible for indirect losses which are not foreseeable by you and us;
  • - Neither we nor any other associated parties shall be liable to you for losses which you incur and are foreseeable by us or other associated parties because you have communicated the possibility of such losses or any special circumstances to us or associated parties.
  • - Neither we nor any other associated parties shall be liable to you for any loss of profit or opportunity, or anticipated savings or any trading losses.

The limitations of liability in this clause apply whether or not we or any of our employees or agents or any associated parties knew of the possibility of the claim being incurred. We carry on the business to which this Agreement relates in reliance on the limitations and/or exclusions in this clause being enforceable. We do not insure against any of the potential liabilities described in this clause. If the exclusions and restrictions are not acceptable to you, then you should not deal with us. We are each only responsible for losses that are reasonably foreseeable consequences of breaches of this Agreement at the time the Agreement is entered into.

10. Event of Default & Unavoidable Exceptional Event

Event of Default

Each of the following events shall be regarded as an Event of Default:

  • - You fail to pay us any fees, charges, and/or liabilities on your Red Fox Forex account when we have requested such payments;
  • - You enter into liquidation or bankruptcy, whether compulsorily or voluntarily, or a procedure is commenced against you seeking or proposing liquidation or bankruptcy, or you are generally unable to pay your debts as they become due (or you confirm so in writing);
  • - You become subject to an administration order or have a receiver or similar appointment or order are made or proceedings commenced in respect of any of your assets;
  • - We consider it reasonably necessary to prevent what we reasonably consider to be or might be a violation of any applicable law (including but not limited to, market abuse, gaming the system, or scalping);
  • - You, or we reasonably believe that you are in material breach of any term of the Agreement, including any material misrepresentation to us;
  • - You have, or we reasonably believe that you have, acted in an unfair or abusive manner, for example, by breaching the rules of trading set out in clause 1 – "The Service and Rules of Trading".

If an Event of Default occurs, unless otherwise prescribed by Applicable Law, we may, in our absolute discretion, at any time and without prior notice, take one or more of the following steps:

  • - Close out all or any of your open position at current market prices;
  • - Exercise the lien or charge that we have on the products that we hold for you and the money in your Red Fox Forex account;
  • - Close your Red Fox Forex account.

Unavoidable Exceptional Event

An Unavoidable Exceptional Event includes:

  • - Any fire, strike, riot, civil unrest, terrorist act, war or industrial action;
  • - Any natural disaster such as floods, tornadoes, earthquakes and hurricanes;
  • - Any epidemic, pandemic or public health emergency of national or international concern;
  • - Any act or regulation made by a government, transnational body or authority that we believe stops us from maintaining an orderly market in relation the instruments traded on the trading platform;
  • - The suspension or closure of any exchange;
  • - The nationalization of any exchange by a government;
  • - The imposition of limits or unusual terms by a government on any instrument and/or its derivative traded on our platform;
  • - The abandonment or failure of any instrument that we use to make our quotes;
  • - Excessive changes to the price, supply or demand of any product. We may also call an Unavoidable Exceptional Event where we anticipate this change (within reason);
  • - Technical failures in transmission, communication or computer facilities including power failures and electronic or equipment failures;
  • - The failure of any supplier, intermediate broker, agent, principal custodian, sub-custodian, dealer, exchange, clearing house or regulatory organization to perform its obligations to us;
  • - Liquidity providers not providing, or being unable to provide liquidity to us. Liquidity describes the degree to which a product can be quickly bought or sold at a price reflecting its appropriate value;
  • - An event which significantly disrupts the market, which could include (but is not limited to) the premature close of trading in the market of a product, excessive movements in the price, supply or demand of a product, whether regulated or unregulated, that our Services relate to.

    The availability and speed of our service, including our platform, website, our execution of your order, the availability of the various functionalities we may provide as part of our Services, including instructions you may give in respect of a trade, as well as any of our obligations under this Agreement, may be delayed, may not be available, or may not be carried out if an Unavoidable Exceptional Event occurs. We will not be held liable for any losses you suffer as a result of such an event.

    If we think, in our reasonable opinion, that an Unavoidable Exceptional Event has occurred or is occurring, we may make the following changes to your Red Fox Forex account without telling you:

  • - Change your margin requirements which might mean that you may have to provide more margin;
  • - Limit the availability of instructions that you can give in respect of an order or trade;
  • - Close your open transactions at a price that we reasonably think is proportionate;
  • - Change the trading hours for a product;
  • - Cancel all open orders or trades which are affected by an unavoidable exceptional event. If you lose money as a result, we will not be held liable to you.

We will use commercially reasonable efforts to resume normal performance of our Services after an Unavoidable Exceptional Event occurs. We will also inform you in writing as soon as possible that an Exceptional Event has occurred.

11. Conflicts of Interest

Regulation

Our conflicts of interest policy is based on the following legislative regulations:

  • - Regulation (EU) No 600/2014 of the European Parliament and of the Council, of 15 May 2014 on markets in financial instruments and amending Regulation (EU) No 648/2012 (MIFIR);
  • - Directive 2014/65/EU of the European Parliament and of the Council, of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU (MiFID II).

Identification of Conflict of Interest

Acting in the best interest of a client is our responsibility. However, there may be instances where your interests conflict with our interests, or with another client's interests. For example:

  • - We or our employees are likely to make a financial gain, or avoid a financial loss, at the expense of the client;
  • - We or our employees have an interest in the outcome of the service or of a transaction carried out on behalf of a client, which is distinct from the client's interest in that outcome;
  • - We or our employees have financial or other incentives to favor the interest of a client, or a group of clients, over the interest of other clients;
  • - We or our employees receive or will receive from a person other than the client, an inducement, in relation to a service provided to the client, in the form of monies, goods or services, other than the standard fee for that service;
  • - One of our clients is likely to make a financial gain or avoid a financial loss at the expense of another client.

Actions aimed at prevention or management of Conflicts of Interest

We may adopt one or more of our procedures to manage or prevent the conflict. These procedures include (but are not limited to):

  • - Separating the duties of our employees engaged in different business activities where the duties, if shared, would amount to a potential conflict. This could include, for example, the operation of information barriers, physical separation of staff, and the segregation of duties and responsibilities;
  • - Ensuring that we do not give you preferential treatment over another client when executing an order, or vice versa;
  • - Not disclosing the details of your trades to other clients or to third parties without your consent;
  • - Ensuring clear and transparent communications between our employees;
  • - controlling the use of dealing on personal accounts for all employees and their associates, regardless of how senior they are;
  • - adopting appropriate limits and procedures when assessing our employees' remuneration in order to ensure that they are rewarded for acting in your best interests and not against them;
  • - adopting policies and procedures to monitor and, if necessary, limit or refuse gifts and personal benefits;
  • - Adopting policies and procedures to prevent insider trading, market manipulation, and the misuse of market or price-related information;
  • - Requiring all our directors who are not directly employed by us to declare any outside business interests.

Disclosing Conflicts of Interest

Before engaging in investment business for a client or potential client, Company name will, if informed of a conflict of interest, disclose it to that client or potential client. Company name may decide not to proceed with the transaction or issue that is causing the conflict of interest if we do not consider disclosure to be the best course of action to handle the conflict. Company name reserves the right to review and/or amend its policy whenever it deems this necessary/appropriate.

Record Keeping

In addition to the organizational and administrative arrangements which we have in place to identify, manage, or prevent, and disclose conflicts, we aim to keep a record of the kinds of activity we carry on in which a conflict could arise or has arisen.

12. Intellectual Property

All content included in or made available through the Service, including but not limited to all copyright, trademarks, patents, service marks, domain names, trade names, rights in designs, software code, icons, logos, characters, layouts, rights in know-how, trade secrets, buttons, color scheme, graphics and other intellectual property rights ("IP") is the property of Company name, its affiliates or its licensors and is protected by local and international intellectual property laws and treaties.

Subject to the terms and conditions of this Agreement, we hereby grant you a limited license to install and use the Red Fox Forex platform, solely for your personal use and benefit in accordance with the terms of this Agreement.

You may not, without our prior written consent or except were granted under these Terms and Conditions:

  • - Modify, copy, display, distribute or commercially exploit any IP or materials (including text, video, audio or user interface design) in the content of any of the Services, including in the trading platform;
  • - Remove any proprietary notices from any IP;
  • - Attempt to derive any source code for the trading platform;
  • - Attempt to disable, bypass, modify, defeat, or otherwise circumvent any protection system applied to or used as part of the Service.

The use of the Service does not grant you any rights other than those granted to you under these Terms and Conditions. Nothing contained on our websites or any communications to you shall be construed as granting, by implication or otherwise, any license or right to use any IP without our prior written consent.

Should this Agreement be terminated for any reason, your license will be revoked and you must cease using the eToro platform, as well as any third party software which is included within the eToro platform.

13. Rights of Third Parties

A third party will not be able to benefit from or enforce a term of these Terms and Conditions. Additionally, you may read about the terms of disclosure of your data to third parties in our Privacy Policy.

14. Amendments And Termination

Amendments

We may amend or replace any clause/part/terms of the Agreement in whole or in part by giving you written notification of the changes. Amendments to this Agreement will not be valid and binding unless they are expressly agreed by us in writing. The reasons for amendment may include, but are not limited to:

  • - Making the terms clearer or more favorable to you;
  • - Reflecting legitimate changes in the cost of providing the Service to you;
  • - Reflecting a change of applicable law, regulation or codes of practice or decisions by a legislative body/authority;
  • - Reflecting changes in market conditions;
  • - Reflecting changes in the way we do business.

If you object to any change you shall inform us within 14 days of the date the notice is deemed received by you. If you fail to do so, the changes are to be considered accepted by you. If you give us notice that you object, then the changes will not be binding on you, but we may require you to close your Account as soon as reasonably practicable and/or restrict you to placing Trades and/or Orders to close your Open Positions. The amendments or new terms made pursuant to this clause will apply (including to all Open Positions and unexecuted Orders) from the effective date (which we will state) of the change specified in the notice.

Termination

In addition to any other rights specified in this Agreement, we may cease to offer our Service or end this Agreement and close your Account at any time by giving you 14 days’ written notice. This is in addition to any other rights to end this Agreement and/or close your Account which we may have. In the event that we cease to offer our Service you shall agree to close any open positions on Red Fox Forex during the 14-day notice period unless otherwise instructed by us. After the 14-day notice period, your Open Positions will be automatically closed out.

You may also provide us with written notice at any time to completely or partially terminate the Agreement and/or close your Account. After the notice is received by us, your account will be closed as soon as it is practical, with all Open Positions closed, all Orders canceled, and all of your obligations fulfilled. We retain the right to refuse to permit you to enter into any future Trades or Orders that could result in you holding further Open Positions if either you or we give notice to close your Account and/or terminate this Agreement in accordance with this clause.

15. Severability

If a court or other appropriate authority deems any portion of these Terms and Conditions to be invalid or unenforceable, the rest of the Terms and Conditions will remain to be in full force and effect.