8. Intellectual Property
8.1 All intellectual property of our proprietary platforms, products, and services belongs to the Company. We allow you only the access and the use of the platforms for the performance of the trade transactions. Intellectual Property includes but it is not limited to any copyright on materials, the platforms, software, processes, source code, websites, patents, designs, databases, patents, trademarks, methodology, know-how, trade secrets, business plans, promotional and marketing material, in any sort of form. We retain all rights, title, and interest in all our Intellectual Property rights, arising out of this agreement.
9. Non-Exclusive License to Use the Platform
9.1 We only grant you a non-exclusive and non-transferable license to access and use our proprietary platforms or third party platforms that we manage and to benefit from our products and services. You shall not attempt to access or use our website, any platform or applications (i.e. the “System”) that we own or we manage, for any purpose that is not expressly authorized by this Agreement, including but not limited to the following actions: copy, merge or transfer copies, lease, sublicense, distribute, transfer, adapt, upgrade, modify, translate or timeshare, reverse engineer, disassemble, decompile, alter or amend our Intellectual Property, in whole or part; make variations, enhancements or improvements to the System; alter or amend any or all of the content of our on-line accounts or third party accounts that we manage (or any part thereof); use the System (or any part thereof) to store or otherwise archive in any form, any pricing data or other data provided via the System, for any purpose, without our prior consent.
10. Exclusion of Liability
10.1 You must be over 18 years of age, to enter into a contractual relationship with us.
10.2 You are aware that 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 an 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 guarantee that the software and / or the system that we own or we manage on behalf of a third party, is uninterrupted and error-free or available at all times.
10.3 You will not transmit to or in any way, whether directly or indirectly, expose our System to any computer virus or other similarly harmful or malicious material or device.
10.4 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, system, products, and services, except as stated in this agreement.
11.1 You agree to indemnify us and hold harmless concerning any loss, damage, liability, cost or expense that we may suffer or incur due to your acts or omissions, misrepresenting, misleading acts or breach of your obligations arising out of this contractual relationship.
11.2 Our indemnification to you or any third party concerned, in any proven circumstances, is limited to the amount of money you maintain deposited in your account with us, relating to the transaction where such liability arose.
12. Risk Warning
12.1 We are required by law to inform you that trading is risky. There are various factors, such as the volatility of the international prices, which is very difficult to predict. Due to such volatility, in addition to the spread that we add to all calculations and quotes, no financial contract purchased or other services offered on our Website (whether or not the payout exceeds the premium amount) may be considered as a safe trade.
12.2 Do not enter into transactions or investment funds that are above your financial abilities. Also, certain financial products are not suitable for people without relevant knowledge and / or experience. This is why we provide you with different options in terms of products and services, depending on your abilities and knowledge. If you would still wish to open an account, we will ask you to acknowledge that you are aware of the financial risks.
13. Misquotes / Mispricing
13.1 It is possible, but extremely rare, that a transaction may be performed on a wrong price due to a miss-quote price feed from any of our third-party liquidity providers or through an unexpected technical fault. Equally, there may be delays due to internet connection or occasions where a position is opened or closed based on latent prices that do not reflect the correct market prices at the time of the transaction, resulting in an inaccurate profit or inaccurate loss.
13.2 Such events may affect your transactions and our business. In this case, we will take all the necessary measures, immediately, to remedy and rectify the situation, as it is fair and suited to each case. Remedies include correcting deal entry prices or exit prices according to the correct market rates at the time of transaction. We may need to cancel any transaction(s) which are executed wrongly due to the ‘price misquote’, for example from preset limit/pending orders been triggered due to mispricing. We make our best efforts to contact and inform you of our actions, by telephone or by e-mail.
14. Suspension of Services
14.1 In the unlikely event that we may need to suspend our services, on both our proprietary and third-party platforms, we will terminate our relationship with you and subsequently close all open positions at payouts fair and reasonable at the time. Such payouts shall be determined by reference to the daily values published on our website that are related to the inter-bank trading data received on financial contract quotes. Further to the above information, we may impose, at our discretion, trading volume and other restrictions on your accounts.
15.1 You may rest assured that we take all measures to ensure that the information you entrust us with will be treated as confidential. Your data that we require throughout our cooperation, is safely stored in our electronic systems, it is treated as CONFIDENTIAL and it is protected by Data Protection laws. It is our policy not to disclose client information to non-affiliated third parties except with your consent or where required for legal or regulatory purposes.
15.2 Notwithstanding the above, there are certain cases where information cannot be considered confidential. This occurs where it can be proved that such information is
(i) 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;
(ii) rightfully received from a third party without any restrictions as to its use or disclosure;
(iii) required to be disclosed according to legal or regulatory requirements.
15.3 Cookies – Cookies are small text files that are sent to and stored on your devices, such as desktop and laptop, smartphone, tablet/phablet, for accessing the Internet, when you visit a website or a webpage. Cookies allow a website to recognize a user’s device. The objective of cookies use is to improve and make the user’s experience easier.
16. Internal / External Links, Broadcasting and Information on our Website
16.1 You will see on our website, broadcasts, links to both internal and external websites, such as investment research providers, relevant to the content and the nature of our services. The scope of this information is to provide you with relevant information to our services to keep you up to date with the market news and to give you some background information on the market. These links are not recommendations or advertisements by a third party but they are to be used purely for information and reference. Hence, we do not assume any liability on the accuracy of such information or for the content of the links and we are not bound by it.
16.2 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 if you decide to disclose personal information. Notwithstanding the above, if you consider that certain content of external links may be in breach of our rules and policies or they are irrelevant to our business, please notify us by email.
16.3 We take all reasonable steps to ensure the accuracy of the content published on our website. However, any information published is presented “as of the date published or indicated”, and maybe superseded by subsequent market events or for other reasons. In no circumstances, we guarantee the accuracy of such information that is published purely for reference purposes. Subsequently, we shall not accept liability for any loss or damage that may arise directly or indirectly from the content of the information published on our website.
17.1 You may be liable to pay taxes arising out of your forex activities, usually related to the profits you made, depending on the local jurisdictions in which you are a tax resident. We do not collect any taxes on your behalf. Also, we do not provide you with any tax advice and we do not deal with any tax-related issues. Please address any tax-related concerns to your tax advisor.
18. Changes to this Agreement
18.1 We may, at our discretion, change any or all of the terms of this Agreement, at any time and without prior notice. If you make any transaction on or after the amendments to this Agreement have come into effect, you will be deemed to have accepted the changes.
19. How to make a complaint
19.1 If you have a complaint, please communicate it to us via email. Please visit our website for more details. New Win FX is regulated by SVGFSA. If we have dealt with your query, but you still feel unhappy, you may address your complaint to the Financial Ombudsman of the Republic of SVG.
20. Trading Hours
20.1 We supply you with published tradable prices and information via our website and trading platforms. These Services are available to you on a 24hr mode of operation starting 0700hrs Monday Sydney time until 1700hrs Friday New York time.
20.2 Regular Trading Hours: Regular trading hours may change depending on several factors, such as acts of force majeure and extraordinary market conditions affecting the liquidity providers’ alignment with the market.
20.3 Special / Public Holiday Trading Hours: Special trading hours set out the period where financial product trading may be affected in a specific market due to Public Holidays.
21. Unforeseeable Events – Force Majeure
21.1 We will not be liable for any failure in performance of the terms of this Agreement if such failure is caused by certain unforeseeable events, including but not limited to acts of God, war, governmental decree, natural disasters, power failure, failure in communication lines or another network failure, judgment or legal order, strike, or other circumstances, beyond our reasonable control.
22. Communication – Call Recording
22.1 Your communication with us is by telephone, e-mail or fax. Please note that our calls are recorded to safeguard and protect your interests and for us to ensure the quality of our services. We may, but we are not obligated, to retain any communication with you.
23. Legal notice
23.1 This Agreement supersedes any prior written or verbal communication or understanding. We may change the terms of this Agreement at any time. Any later version of this document shall supersede all previous versions.
24. Conflict of Interest
24.1 By entering into this Client Agreement you acknowledge that you have read, understood and agreed to the principles stated in the Conflicts of Interest Policy of the Company. Please read the Company’s Conflict of Interest Policy here.
25. Changes in Leverage
25.1 Maximum leverage depending on equity now is changing automatically. Please refer to this URL for updates leverage. https://newwinfx.com/leverage
* New Win FX reserves the right to reduce leverage up to 1:50
26. Governing Law
26.1 It is within our intentions to resolve any matter of concern or dispute with our clients in an amicable manner. Hence, any dispute, miscommunication will be initially addressed to your client manager who will attempt to resolve it directly with you. Any dispute that cannot be mutually resolved shall be referred to an arbitrator that will be appointed by both parties (us and you) in writing. If we still cannot reach an agreement with you, the issue will be resolved before the Courts in the St. Vincent and the Grenadines as governing law.
- Clients may only operate more than one active account if the additional account(s) are in different currencies or of different classifications.
- Where multiple accounts are closed, clients are normally left with one active account in which to continue trading. This account is normally the account that was opened originally.
- A client may allow another person to trade using their account where the company gives express permission and the client provides express written permission to do so in the form of signing a Power of Attorney document to that effect. The additional trader must be named in the document and must provide ‘Know Your Customer’ documentation.
27. Margin stop out level is 50%. This means that if your free margin falls below 50%, then your positions will be automatically closed. MT 4 will automatically close them in order of the largest losing position to the smallest.