Terms and Conditions


Described herewith are the terms and conditions that apply on 4XP Ltd (hereof: "the Company"), and its customers using the services of the Company. Your connection with the Company and Using any service of the Company is subject to your agreement and declaration that you (the "Client"), have read and agreed to these terms and conditions (The "Agreement").

1. Client responsibility:
Usage of the company's trading and other services (the "Company services") is personal and permitted from age 18 and above. The client is responsible to make sure that there is no legal or other obstacle to its use of the company services and that he has fulfill any legal demand. The company will not be responsible in any way to any damage and/or loss that occurred as a result of any breach of these Terms and Conditions.
Usage of the Company's services is by a limited license given by the company to the client. The license is personal, non transferable and is subject to this agreement. The Client may not transfer, assign, and enable other to make any use of the license or act in the client's account by someone other than the Client, and/or give the clients user-name and/or password to anyone. Any action taken in contradiction to this terms and any damage caused to the client, the company and any third party, will be under the client's sole responsibility.

All trades and deposit and withdraw of the guarantee, as described hereinafter is under the client's responsibility. Also, all end-user equipment needed for the client for proper operation of the company services by the client, is under the client's full responsibility, including the safeguarding of the client's user-name and password.

2. Capital Market trading platform:
The company's trading platform enables trading in capital market rates of different currencies, commodities, CFD's and any other trading provided by the company from time to time (all shall be referred as: "currencies") through the internet, phone and fax orders to the dealing room and any other way which may be decided by the company from time to time. The platform displays exchange rates of different currency pairs, based on different financial information systems, as the most updated exchange rates in the international Capital market. For determining the exchange rates for different time periods, the platform is making mathematical calculations according to known and accepted Capital markets formulas. Calculated exchanges rates include the company's spread between ask/bid rates.
The trading platform does not allow trades that risk more than the deposit that exist in the clients account. The client hereby grant the company authorizing to act in his account in order to stop loses, if such an order was not given by the client, so that the maximum loss will not increase over the deposit in the account. Stop loss trade is a trade attached to the trade preformed by the client, in purpose is to terminate a losing trade and make a stop to the losses. The client can chose a stop loss exchange rate, or the trading platform can automatically chose the stop loss rates by endangering the full amount of the deposit in the account.

Trades are automatically renewed every night at 22:00 GMT until the trade ends. Trade is ended in any of these events: A. client closes the trade. B. trade rates meet with stop loss or take profit predefined rates. C. trade expired according to expiration time. It is to be clarified that the company does not obligate that performing will be available all 24-hours period. Other trades that are available with the platform are forward trades – which are an exchange trade between two currencies at known rate and future time. Forward rate is made of known quote rate and interest difference of the two currencies for the time period until the designated time, and Limit trades - an exchange trade that is conditional to a predefined exchange rate. The trade will be executed when the Capital market rate will reach the predefined exchange rate.
Stop Loss – the Company guarantee stop loss rates, but not: (a) entry stops, (b) stop losses based on hedged trades (two trades in opposite directions both with stop losses in either the same currency or similarly related/ correlated currencies), that are an artificial way to create an entry stop (c) slippage trades as a result of market cease of trading. (d) Instruments other then currencies and/or instruments that do not have 24-hour trading such as CFD's, Indices, Oil and some other Currencies and instruments, during holidays, weekends, news announcements, special events and or crises may trade through a gap in the market.

3. Deposit and withdraw of the guarantee:
Condition for opening an account is for the making a deposit for the Company, according to the rules set by the company from time to time, as a guarantee for the Clients trading activity,. The guarantee bares no interest or any other benefit. Rate spreads and Losses originating from trades will be deducted from the guarantee and profits will be added to the guarantee and will provide additional guarantee for trades. Any part of the guarantee that are not actively securing any trade may be withdrawn by the Client by sending a proper order to the company. The client can see his guaranteed funds and open trades by entering the on-line trading platform.

Making a deposit is possible with a bank transfer and in several currencies, and the deposit will be converted and managed in US dollars, according to the company's choice of the bank exchange rate.

When making a bank transfer, according to anti-trust law and regulations, the client is required to make use of one bank account, present in his country of domicile and registered under his name. The client should send the company an authentic SWIFT confirmation, stating the full bank account details and the client's name and Id, and also a clear copy of the client's Identification document.
When making a deposit using a credit card of the client, the client should send the company, clear copies of both sides of the credit card and of his Identification document.

When opening an account, the client will be required to identify himself according to the company regulations and any applicable law. The client is required to provide full and true information and sign any document needed to for proper operation on the platform and management of the deposit funds.

Withdraw of the deposit funds will executed within 14 working days upon a client's withdraw request was received at the company office (Friday, Saturday and Sunday are not considered working days of the company, in addition to holidays and any other non-working days), and will be in the same currency and to the same account/credit card from which the funds were originally deposit, unless the company has decided, by its own discretion, to return the funds to the client to a different account from which he has made the deposit or in a different currency.

The client declares that the funds are not from criminal an illegal activity and no violation of anti-trust law throughout the world.

The client will have no claim against the company and will not hold the company responsible to any delay and or differences origin from credit companies or banks rates calculation and/or commission and/or any other debit, including credit companies and banks identification regulations and any other demand.

Margin call – it is the client's responsibility to verify that there are sufficient funds in the account to secure all open trades, otherwise, the platform may inform about expected lack of guarantees, and the client will be required to complete the necessary funds. If the necessary funds will not be deposited, the company may close the clients' trade(s).

4. Authorization to the company:
The company is entitled, at its sole discretion, to cover itself against the clients positions by other clients and/or third party financial corporate, or act as a market -maker, and to constitute as an opposite side to the client's trade. The company does not serve as a messenger and/or trustee and or mediator for the client.

The company is entitled to, at its sole discretion, to determine the maximum position level and the maximum open positions at any account.

The company allows the execution of simultaneous trades up to 10 million base currencies and/or 20 million accumulated base currency. For higher volumes a special confirmation of the company's trading room is required. The company is entitled, by its own discretion, to cancel any trade that has been executed in contradiction to these terms. All of the Client's accounts shall be considered as a single account in connection to the volume limitation clause.

In case of wrong rates quotes or any other fault, including rates quote that does not reflect the true rate in the Capital markets at that time, mistake made by the company and or any of its employees, delay, fault or mishap in computing and data systems, those owned and operated by the company as well as systems owned or operated by a third party, The company is entitled, at it's own discretion, to cancel any trade made based on those wrong quotes and/or faults.

The company does not allow actions or non-actions based on arbitrage exploitation.

The costumer hereby insures that he/she is aware that sharp changes in the currencies exchange rates can occur in times of publishing messages and or financial news in the world markets, , as well as delays and errors in the exchange rates quotes. The company recommends not that the trader shall not trade in proximity to those publications, since trades made at that time may be based on wrong rates, which may lead to the cancellation of those trades.

The company is entitled, at it's own discretion, to cancel any trade that have been executed due or in connection with an error, including wrong rates, system malfunction etc.. The company's records will serve as decisive evidence to the correct exchange rates in the world markets and the wrong rate quote given to the client. The company may correct and adjust any trade according to on the correct exchange rates.
The company is entitled, by its own discretion, to refuse to perform any trade.

Reports:
The Client may examine his open trades and guarantee funds situation at any time by accessing his account in the company's trading platform. The trading platform can also generate historical trades reports.

Joint account:
If the account is a joint account (for more than one partner), then each of the partner shall be authorized to represent the rest of the partners towards the Company, with no requirement for any prior notice or approval of any of the other partners. Each of the partners in the account agrees that any notice or instruction given by the Company to anyone of the partners shall be considered as given to all of the partners.

Despite the aforesaid, the Company may, at its sole discretion, demand that all the partners in the account shall act and/or approve any certain act.

Tax:
The company shall the right, but not the obligation to collect an/or withhold all tax and any other payment or fee resulting from the clients trading.

Financial knowledge of the client:
It is to be clear that the services provided by the company are designated to clients that possess financial knowledge and experience, and can evaluate the risks involved in speculative trading in financial markets and in Capital Market trading in particular, which characterized by fast changes in the exchange rates, and can cause the loss of the deposit funds rapidly, including as a result of market conditions that does not allow executing of limit and stop orders.
By using the company's trading services, the client declares that he/she has former knowledge of Capital Market trading, is in a reasonably strong financial condition in relation s to the guarantee funds and can consider his trading actions and the risks involved before executing any trade.

Limitation of Liability:
The Company, its managers, employees, shareholders and any entity on its behalf, do not advise any person in regards to any purchase, sale, holding or investment in any currency. Therefore, the information appearing on the Company's website, its notices, data or any other of the Company's materials, shall not be considered as a recommendation or as an opinion, and any person making a decision based on such information is doing so at his own risk. The Client hereby proclaims that he is aware that nothing in the website or any other information the client may receive from the company can replace an investment advice, which takes into account the Client's personal information and financial status needs and/or any other/ the Client further proclaims that investment in foreign currency can lead to rapid losses. The Company, its managers, employees, and anyone on the Company's behalf, may have personal interest in any currency.

It is the customer’s responsibility to comply with any applicable law or regulations which apply on him.

The Company reserves the exclusive right to immediately stop the Customer’s use of the trading platform or any other service, at any time, if the Client performed any inappropriate (including breach of these Terms and Conditions) use and/or unreasonable use of the trading platform or any other service.

It is further clarified that the Company, it’s directors, employees and agents, are not responsible to any event of damage and/or expense caused to the Client, including, without limitation, any loss of profit and/or any other loss or damage, direct or indirect, and/or circumstantial, in connection with the performance of transactions or any other service provided by the Company. The Client proclaims that he is personally responsible to any risk caused thereto through the use of the website and/or the commerce system and/or the Company’s services.


Cease of Commerce:
Due to the fact that trading platform is based, amongst others, on the Internet and communication systems, or for reasons which are not under the Company’s control, the platform may be interrupted and/or disrupted etc., without prior notice. In such situations, the Company shall be permitted to close all open trades in the Client's account, without prior notice, inasmuch as possible in fair prices reflecting the market condition. The Customer shall have no claim, demand or right for indemnification in such an event.

Since the information is received from international information providers who are a third party to the Company, it is impossible for the Company to be responsible for the updating and accuracy of the information In any event of problems with the information exchange networks, the internet and other communication networks, the Company shall be entitled to cease the trading services. In such case

Inactive Accounts:
The Company shall be entitled, in the event that the Customer did not perform any trading action for above sixty (60) days, to charge the Customer a management fee for an inactive account, as shall be decided by the Company from time to time. The management fee will be deducted from the Client's deposit. The Company shall also be entitled to close down the Client's account in the system and return the deposit to the Client.

Force Majeure:
The Company shall not bear any responsibility for any harm or any form of damage in any event of a force majeure or and event that is not under the full control of the Company. Including any influences on the trading platform. Furthermore, The Company shall not bear any responsibility for any delay in communications and/or failure in the internet, including, without limitation, computer crashes or any other technical failure, whether caused by the telephone companies and various telecommunication lines, the ISP computers, the Company’s computers or the Customer’s Computers.

Intellectual Property:
The information posted on the website, and its edited format, are the sole property of the Company. Any information and/or materials appearing and/or viewable in the website are the sole and exclusive property of the Company, whether posted thereby or by a user of its system or by any third party, without derogating from the limitation of liability detailed herewith. it is prohibited to copy, post, rewrite and make any use that is not explicitly permitted in these terms of any part of the information, without the explicit written permission of the Company.

All trademarks appearing on the website or any other documents of the Company are the sole and exclusive property of the Company and/or a third party related or connected with the Company. Unauthorized use of the said trademarks is explicitly prohibited without a prior written approval of the Company. The website and the information appearing therein are protected by the copyright laws of the British Virgin Islands, international treaties, and copyright laws of additional countries, including the country of the Clients residence.

Use of Information and Protection of Privacy:
The Client hereby agrees that the Company shall be able to perform computerized supervision of his use of the services (including, without limitation, use of “cookies” and similar tools) and to use the information for the purposes of reviewing and/or supervision and/or development and/or maintenance of the quality of services, the Company's availability and/or for the fulfillment of any instruction of any applicable law. Without derogating from the aforesaid, the Company shall be permitted:
(a) To provide the Client's details to third parties in order to collect funds due (if they are due) to the Company from the Client with respect to the services, so long as the third party agrees to maintain in confidence all information received thereby with connection to the User.
(b) To provide the details to another or to others in accordance with the law.
(c) To use the details of the Client and the other information in its possession for the needs of the Company.
The Client hereby grants the Company his permission to make use of his user details in order to provide updates and/or information and/or publicity and/or marketing purposes. Cancellation of this consent shall be performed by providing written notice to the Company, and shall apply to new publications that have not been sent. The Company shall be entitled to use and collect the information provided by the Client for its own information pool, for commercial use.

It is hereby clarified that the Company is doing its best to protect the privacy of the users in the website and of it's Clients, and is maintaining reasonable efforts to protect such information
Phone Calls between the Company and the Client may be recorded for the Company's purposes or legal procedures.

Advertisements and Links:
The Company shall not responsible, in any way, for advertisement content which appears on the Company's website(s). The appearance of a commercial on the website does not imply the support of the Company and/or its responsibility and/or obligation towards its content, the advertised product or services, their quality or correctness. Any link from the website to an external website (the “External Website”) does not imply that the Company is responsible or in control of the content and/or the activity of the External Website, and the Company shall not bear any liability with respect to issues related to External Websites.

The Client is not permitted to create links to the website’s pages and/or to copy parts and/or materials from the website. In general, the Client may not make any use of the website for any purpose except for the limited permissions granted and/or performance of transactions. In the event that Client has breached the aforesaid, his limited license to use the website shall expire immediately, and his ability to use the trading platform and the Company’s services shall cease.

Disruption of the use of the System:
The Client undertakes to indemnify the Company and/or anyone acting on its behalf, immediately with their first requirement, with respect to any non-permitted action or non-action, including, without limitation: (a) intrusion into materials or computer files not in accordance to law and/or transmission of computer viruses to other computers and/or disruption of use of other computers, (b) Any use which can cause harm or disruption or limit the use of others in the Company’s services and/or which may lead to a breach of rights of others, and/or the sending of e-mails to users in a way which leads to complaints or includes information which is against customary conduct acceptable on the internet, including harassment, threats, libels, humiliation, breach of privacy and etc., (c) with respect to any responsibility, claim, harm, or loss (including legal fees) which result from use, inappropriate use or incorrect use, disruption or failure and/or any action prohibited by law. Client hereby approve that he is using reasonable safety actions necessary to protect his computer from hacking, Trojan horses and other malicious uses and will not hold the company responsible to any damage caused to his computer or trades.

Waiver of Responsibility:
The client waves all claims against the company and its delegates of any harm or loss, if suffered, regarding the website, the trading platform, and any other action or service provided by the company (Including any payment made by the company a to portfolio manager of the Client, if such is appinted by the Client).

Compensation and deduction rights:
The client obligates to compensate the company and her delegates, and the company will have full deduction right, regarding any debt or expanse caused to the company and/or its delegates by the client.

Risk discloser:
It is made clear that trading in Capital Market rates, especially due to high volatility and margin available at the Capital market, involves a high risk, and may cause high losses to the Client's funds, in a short period of time. The Client is asked to carefully consider his financial status and his risk/reward ratio, and to pay attention to his ability to lose the deposit funds. It is recommended that the Client will purchase theoretical knowledge prior to his real trading. The company shall not be responsible to the results of trades executed or not executed by the client.

Change of terms:
The Company holds the right to update the terms of this agreement from time to time according to its sole discretion, and the updated agreement will bind the parties from the moment the new agreement has been posted at the website.

Governing Law:
This Agreement shall be governed by and construed in accordance with the laws of the British Virgin Islands, and any legal matter shall be under the unique authority of the court in the British Virgin Islands. The Company's books will be decisive evidence between the parties. The company shall hold the ability to bring legal proceedings against the trader in the client's place of residence, immediately and without prior arbitration, in relation to any funds owed by the trader to the company. In such case, the governing law can be, according to the company's decision, the applicable law at the Clients' place of residence.


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Limitação de responsabilidade

Esclarece-se que a empresa, os seus diretores, funcionários, acionistas e quem quer que a represente, trabalhando neste site, não intentam aconselhar qualquer pessoa sobre a conveniência de aquisição, venda, posse ou investimento de moeda estrangeira. Assim sendo, toda a informação que figura neste site, as suas comunicações, os seus dados e todo o material publicado no site, não deve ser visto, como foi dito, como recomendação ou opinião, e qualquer pessoa que tome qualquer decisão, com base na informação que figura no site, fá-lo unicamente sob sua própria responsabilidade. O usuário declara ter conhecimento de que nada neste site pode ser alternativa a um aconselhamento baseado nos dados e nas necessidades especiais dele e de qualquer pessoa, e que o investimento em moeda estrangeira pode levar a perdas financeiras consideráveis. A empresa, os seus diretores, funcionários, acionistas e quem quer que a represente, trabalhando neste site, poderão ter interesse pessoal em qualquer assunto tratado neste site e é possível que eles possuam moeda estrangeira ou opções de moeda estrangeira.
É da responsabilidade do cliente certificar-se de que execução das transações e o uso do sistema de transações não são contrários à lei e ao direito a que ele está sujeito e se preocupar com o cumprimento de qualquer obrigação legal a que esteja sujeito, em consequência do uso deste site e não fará uso do sistema em contrário a qualquer direito.
O cliente é o único responsável por todas as operações na sua conta, incluindo por todas as transações de depósito e de levantamento, por meio de cartão de crédito, e é também responsável pela garantia da segurança da palavra-chave para entrar na sua conta. O cliente será o único responsável por qualquer dano causado em consequência de ação ou omissão do cliente, que conduzam a atividade inadequada ou irregular, na sua conta.
A empresa reserva-se o direito exclusivo de terminar, de forma imediata, o uso pelo cliente do site e/ou do sistema de negociação, em qualquer altura, e isto à sua exclusiva discrição, se o usuário do site fizer uso indevido e/ou irrazoável do site e/ou contrário às instruções das condições de utilização.
Esclarece-se também que a empresa, os seus administradores, funcionários, trabalhadores e seus agentes, não são responsáveis por qualquer caso e qualquer dano e/ou despesa, causado ao cliente. Incluindo a perda de lucros e/ou outro dano, direto ou indireto, e/ou circunstancial, em relação com a execução de transações e serviços da empresa, e que o cliente declara que é o responsável exclusivo por qualquer risco que lhe seja causado pelo uso do site e/ou do sistema de negociação e/ou dos serviços da empresa.
Os lucros do comércio são tributáveis.


Libertação de responsabilidade

Os proprietários do site e o site ficam, pelo presente, livres de qualquer responsabilidade no tocante ao uso do site e/ou da informação. O uso do site, dos dados e da informação é feito sob a responsabilidade exclusiva do usuário no site.
Pelo presente, o usuário no site liberta os proprietários do site de qualquer responsabilidade devido a qualquer dano, que seja causado ao seu computador, se esse dano for causado em consequência do uso do site e/ou dos seus programas e/ou dos seus diversos serviços.
O usuário do site liberta, pelo presente, os proprietários do site, o site, os seus associados, agentes, trabalhadores, funcionários, diretores, administradores, acionistas, etc. que ficam livres de responsabilidade, no que se refere a prejuízos e/ou danos financeiros e/ou fraudes, que resultem em consequência do uso do site. No caso de gestão de carteiras por mandatários do cliente, o cliente confirma que o valor que compete ao mandatário, pelo acordo entre o cliente e o mandatário, será transferido diretamente da sua conta na empresa, de acordo com as instruções do mandatário à empresa. É da responsabilidade do cliente verificar a regularidade das instruções do mandatário à empresa.

Outrossim a empresa não será responsável por quaisquer danos, de qualquer espécie, causados ao cliente, por sua reivindicação, se estiver envolvida força maior ou qualquer evento externo incontrolável pela empresa, com efeitos sobre o comércio e/ou o uso do site. A empresa não será responsável por qualquer atraso nas comunicações ou falha na rede da Internet, incluindo a queda de computadores ou qualquer outra falha técnica, quer tenha ocorrido nas empresas telefônicas e diversas linhas de comunicação, nos computadores dos vários provedores de serviços de Internet, nos computadores da empresa ou nos computadores do cliente.


Propriedade intelectual

A informação publicada no site, e a forma como está redigido, são propriedade exclusiva da empresa. Todas as informações e / ou materiais contidos e/ou fornecidos para visualizar no site, são propriedade exclusiva da empresa, quer tenham sido publicados por ela, quer por navegadores ou por quaisquer terceiros, mas sem implicar em responsabilidade da empresa, conforme a alínea de limitação de responsabilidade, abaixo. É estritamente proibido copiar, publicar, reescrever ou fazer qualquer uso, que não esteja autorizado expressamente nestas condições de uso, qualquer parte da informação, sem acordo expresso, antecipado e por escrito da empresa.
Todas as marcas registradas que aparecem no site são propriedade exclusiva da empresa ou qualquer terceiro. O uso não autorizado dessas marcas registradas é estritamente proibido, exceto se tiver obtido consentimento antecipado e por escrito da empresa ou do terceiro, proprietário dessas marcas registradas. O site e a informação nele contida estão protegidos pelas leis de direitos de autor do Estado de Israel, convenções internacionais e leis de direitos de autor de outros países.