Terms of Services

THESE TERMS AND CONDITIONS (INCLUDING THE PRIVACY POLICY) GOVERN YOUR USE OF THIS WEBSITE. BY ACCESSING AND USING THIS WEBSITE, YOU AGREE TO ABIDE BY THE TERMS AND CONDITIONS (INCLUDING THE PRIVACY POLICY) SET OUT BELOW

Access to Website

This website and the copyright in all text, graphics, images, software and any other materials on this website is owned by FM Financial Services Ltd (The Company) or its licensors, authorized representatives, parents or subsidiaries and associated organizations. You may only use the materials on this website solely for your own personal use and (except as permitted by the Terms of Business) solely for non-commercial purposes.

You may display on a computer screen or print extracts from this website for the above-stated purpose only and without alteration, addition or deletion. Except as expressly stated herein, you may not without The Company’s prior written permission alter, modify, reproduce, distribute or commercially exploit any materials from the website. You acknowledge that FM Financial Services Ltd and ForexBrokerSolutions are trade marks of The Company. You may reproduce such trade marks without alteration on material downloaded from this website to the extent authorised above, but you may not otherwise use, copy, adapt or erase them without The Company’ prior written permission.

The names and logos of other companies appearing on this website may be the trade marks of third parties and are used by The Company with the permission of their respective owners.

Agreement

These Terms and Conditions contain the entire agreement between you and us relating to your access and use of this website. The Company may change these Terms and Conditions at any time and will notify you of such changes by posting an updated version of these Terms and Conditions on this website. You are responsible for regularly reviewing these Terms and Conditions and if you use this website after any such changes are published, such use shall constitute your agreement to such changes. The Company may choose not to open an account to a customer or to refuse the use of its website and trading facilities by the customer if such account or activities are deemed inappropriate by the Company.

Third party’s materials and websites

This website may contain materials produced by third parties or links to other websites. Such materials and websites are provided by third parties and are not under The Company’ direct control and The Company accepts no responsibility or liability in respect of any such third party materials or for the operation or content of other websites (whether or not linked to this website). You acknowledge that The Company shall be entitled to require you to remove any link from another website to this website which you install without obtaining The Company’ prior written consent.

The Company’ liability

If you register to become a Customer of The Company and receive Services from The Company, you will be required to accept the Company’s Terms of Business. Such Terms of Business will govern your relationship with The Company and The Company’ liability to you in respect of Services provided thereunder.

Although The Company updates the website on a regular basis, it does not warrant that the information or materials contained in the website are current or accurate or that any of products or services featured on the website are available. The Company may change the materials appearing on this website at any time without notice.

SAVE AS STATED ABOVE IN RESPECT OF THE SERVICES, THIS WEBSITE AND ALL SOFTWARE AND OTHER MATERIALS ON THIS WEBSITE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY AS TO ACCURACY, TIMELINESS OR COMPLETENESS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OR CONDITIONS OF OR RELATED TO ACCURACY, CURRENCY, MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR OR ANY PURPOSE ARE HEREBY EXCLUDED.

The Company SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM OR SETTINGS, LOSS OF DATA, REVENUE OR PROFITS, WHICH YOU MAY SUFFER ARISING OUT OF YOUR USE, DELAY IN USING, OR INABILITY TO ACCESS THIS WEBSITE, OR IN ANY OTHER WAY CONNECTED WITH THIS WEBSITE, INCLUDING WITHOUT LIMITATION FROM THE DOWNLOADING OF ANY SOFTWARE FROM THIS WEBSITE. The Company DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE WEBSITE OR MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THE WEBSITE OR ANY SOFTWARE WILL BE UNINTERRUPTED, SECURE OR FREE FROM ERRORS OR VIRUSES.

Indemnity

You agree to indemnify, defend and hold The Company, its parents, subsidiaries, affiliates, officers and employees harmless from any loss, cost, damage, claim or demand, including reasonable legal fees, made by any third party or incurred or suffered by The Company or its parents, subsidiaries, affiliates, officers or employees in connection with your use of the website in breach of these Terms and Conditions or negligence.

Your information

In addition to any obligations that you may have if you register to become a Customer of The Company, you agree to ensure that all information which you provide to The Company is complete and accurate to the best of your knowledge and belief. You agree to notify The Company immediately of any changes to the details you have provided to enable The Company to keep its records up to date and accurate.

The information that you provide about yourself to The Company will only be used by The Company in accordance with its Privacy Policy and data protection laws.

Customers’ funds

You consent that the Company may hold your funds in a Non-segregated accounts for the purpose of securing or otherwise covering your present or future, actual or contingent or prospective obligations.

You consent and agree that the Company can deal with this money in its own right until an equivalent transfer is made back to you if the provision of collateral by you is no longer required. In the event of the Company’s insolvency you will rank as a general creditor of the Company.

Privacy Policy

By accepting our Terms of Service and the Privacy Policy at the time when you apply for an account with us you expressly consent to our use and disclosure of your personal information in the manner described in this Privacy Policy.

When you ask for information about our products and services, when you access and use this website or when you submit an application to open an account with FM Financial Services Ltd, you will be providing FM Financial Services Ltd with your personal information. We will also maintain records of all transactions and activities on accounts you have with FM Financial Services Ltd, including details of contracts traded and margin calls made. During the course of your relationship with FM Financial Services Ltd, we will also gather information about products and services provided to you.

When assessing your application, FM Financial Services Ltd may also collect information about you from publicly available sources such as company registers. A customer is entitled to gain access to the information that the FM Financial Services Ltd holds about him or her in accordance with this privacy policy.

FM Financial Services Ltd reserves the right to record telephone conversations between you and persons working for the FM Financial Services Ltd. Such recordings, or transcripts from such recordings, may be used to resolve any dispute between you and FM Financial Services Ltd.

FM Financial Services Ltd will also collect and hold information about you when you complete an online application or other type of form or access and trade your account through our website. We also collect all kinds of statistical information about visitors to our websites. This information is used to evaluate and improve the performance of our website. Other than statistical information, we do not collect any information about you through our website unless you provide the information to us. You should also be aware that we use cookies on our websites. A cookie is a small amount of data, which often includes a unique identification number or value that is sent to your browser from a website’s computer and stored on your computer’s hard drive. Each website can send its own cookies to your browser if your browser allows it.

When you access your account on-line a cookie will be created which uniquely identifies your computer and your username and password. This means that you do not have to re-enter those details each time you want to access your account on-line.

Most internet browsers are set up to accept cookies. If you do not wish to receive cookies, you may be able to change the settings of your browser to refuse all cookies or to have your computer notify you each time a cookie is sent to it, and thereby give yourself the choice whether to accept it or not. If you reject all cookies, you will be unable to access your account on-line. You can also delete cookies from your computer after they have been created.

The information requested in any application to open an account completed by customers is required to enable us to determine your trading needs and experience in order to provide you with better service. That information, together with the information collected and maintained by FM Financial Services Ltd during the course of our relationship with you, is required to keep you updated whilst you are a Customer in relation to matters such as Contracts you have traded, your margin obligations and the funds in your account, and possibly other activities of the FM Financial Services Ltd. FM Financial Services Ltd also requires the information to manage and administer the products and services provided to you.

The information requested by us when you are accessing FM Financial Services Ltd websites is to allow us to provide you with information regarding the products and services offered by FM Financial Services Ltd. We may also be required to provide your personal information regulatory and government bodies in our jurisdiction.

FM Financial Services Ltd may also disclose your personal information to:

  • financial institutions and other similar organizations that it deals with in the course of its corporate activities, or those that are nominated by you;
  • any organization at your request or any persons acting on your behalf, including your financial adviser, broker, solicitor or accountant.

FM Financial Services Ltd may use your personal information for:

  • contacting you in regards to our new products and services;
  • developing an understanding of the products and services that you may be interested in obtaining from FM Financial Services Ltd.

We take all reasonable steps to protect your personal information from misuse, loss, unauthorized access, modification or disclosure. Under no circumstances will your personal details be sold or given to other party, apart from cases indicated above. In some circumstances the law may allow us to deny you access to your personal information held by us. In such a case we will explain to you the reason for refusing access. You may ask us at any time to correct personal information held by FM Financial Services Ltd about you, and which you believe is inaccurate. By accessing this website you consent to the FM Financial Services Ltd collecting, maintaining, using and disclosing personal information about you and provided by you or by another person as described above. This Privacy Policy came into effect in December 2007 and was last updated on 20th February 2010.

Anti-money laundering and fraud prevention policy

In order to prevent money laundering and fraudulent activity the following policies have been implemented by our company.

  1. When opening a trading account at FM Financial Services Ltd customers are required to provide at least one form of photo ID and a utility bill or bank statement to confirm the customer’s address. In case of corporate accounts, in addition to the above documents for the Directors and/or executives of the company, copies of Certificate of Registration and Articles of Incorporation are also required.
  2. We would not accept any third party payment to fund the trading account opened with us. Any payment must originate from the account under the same name as the name of the trading account with us. It can also be a joint account or a corporate account if your FM Financial Services Ltd trading account is held in the name of the company.
  3. Withdrawals from a trading account could only be made to the same account, which was used by the customer to deposit money into the trading account. Specials circumstances where the customer cannot receive funds to the same account will be considered on a case by case basis.
  4. Although we accept credit cards for deposits, We are unable to provide withdrawals to credit cards, (except in case of the deposit cancellation, when the refund is made to the same card, that was used to make the deposit). If you have funded your trading account with a credit card, funds could be withdrawn only to your account with the provider that facilitated the credit card payment. For example, if the credit card payment was made via our merchant facility with Moneybookers, the withdrawals can only be made to the customer’s account with Moneybookers and not to any other account and/or payment system.

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