C126295 - 8008546 - halil tunahan çakantimor Funded Trader
C126295 - 8008546 - halil tunahan çakantimor Funded Trader
C126295 - 8008546 - halil tunahan çakantimor Funded Trader
the use of services provided by Timios Global Markets Ltd as described below (the “Services”), offered
mainly through the www.fxify.com website (the “Website”). Please read these GTC carefully. You are
under no obligation to use the Services if you do not agree or understand any portion of these Terms, nor
should you use the Services unless you understand and agree to these Terms.
1. INTRODUCTORY PROVISIONS
• 1.1. These GTC govern your (“you”, “your”, or the “Customer”) rights and obligations in connection
with the use of the Services provided by Timios Global Markets Ltd, with its registered office at 1-
13(A), First Floor, Paragon, Jalan Tun Mustapha, 87009 Labuan F.T., company no.: LL 17376,
Regulated by the Labuan FSA with license number: MB/22/0097 (“we”, “our”, or the “Provider”).
• 1.2. By registering on the Website or, where registration is not required, not later than by your first
use of the Services, you are entering into a contract with the Provider, the subject of which is the
provision of the Services of your choice. The GTC form an integral part of such a contract and, by
executing the contract with the Provider, you express your agreement to these GTC.
• 1.3. The Services are only intended for persons over the age of 18 residing in the country for which
the Services are available. By registering on the Website, you confirm that you are over 18 years of
age. If you are under 18 years of age, you may not use the Services. You undertake to access the
Services solely from one of the countries for which the Services are available. You acknowledge that
your access to and use of the Services may be restricted or prohibited by law in some countries, and
you undertake to only access and use the Services in accordance with applicable laws.
• 1.4. The Provider shall not provide Services to Customer that: (i) is of nationality or is residing in
Restricted Jurisdictions; (ii) is established or incorporated, or has a registered office in Restricted
Jurisdictions; (iii) is subject to the relevant international sanctions; or (iv) has a criminal record related
to financial crime or terrorism. Restricted Jurisdictions means countries determined as such by the
Provider and published here on the Website. The Provider reserves the right to refuse, restrict or
terminate the provision of any Services to Customer as per this Clause 1.4. and such Customer is
prohibited to use the Services, which also includes the use of the Client Account and/or Platform.
• 1.5. The Services consist of the provision of tools for SIMULATED foreign exchange trading on the
FOREX market or SIMULATED trading with other instruments on other financial markets, provision
of analytical tools, training and educational materials, the access to the Client Account, and other
ancillary services, in particular through the Client Account or by the provision of access to
applications provided by the Provider or third parties. Financial market information is used in the
simulated trading; however, you acknowledge that any trading that you perform through the Services
is not real. You also acknowledge that the funds provided to you for demo trading are fictitious and
that you have no right to possess those fictitious funds beyond the scope of their use within the
Services, and in particular that they may not be used for any actual trading and that you are not
entitled to the payment of those funds. Unless expressly agreed otherwise, you will not be paid any
remuneration or profits based on the results of your simulated trading, nor will you be required to pay
any losses.
• 1.6. NONE OF THE SERVICES PROVIDED TO YOU BY THE PROVIDER CAN BE
CONSIDERED INVESTMENT SERVICES IN ACCORDANCE WITH APPLICABLE LAWS. THE
PROVIDER DOES NOT GIVE OR PROVIDE TO YOU ANY GUIDANCE, INSTRUCTIONS, OR
INFORMATION ABOUT HOW OR IN WHICH MANNER YOU SHOULD PERFORM
TRANSACTIONS WHEN USING THE SERVICES OR OTHERWISE, OR ANY OTHER
SIMILAR INFORMATION ABOUT THE INVESTMENT TOOLS TRADED, NOR DOES THE
PROVIDER ACCEPT ANY SUCH GUIDANCE, INSTRUCTIONS, OR INFORMATION FROM
YOU.NONE OF THE SERVICES CONSTITUTE INVESTMENT ADVICE OR
RECOMMENDATIONS. NO EMPLOYEES, STAFF, OR REPRESENTATIVES OF THE
PROVIDER ARE AUTHORIZED TO PROVIDE INVESTMENT ADVICE OR
RECOMMENDATIONS. SHOULD ANY INFORMATION OR STATEMENT OF ANY
EMPLOYEE, STAFF, OR REPRESENTATIVES OF THE PROVIDER BE INTERPRETED AS
INVESTMENT ADVICE OR RECOMMENDATIONS, THE PROVIDER EXPLICITLY
DISCLAIMS THAT THE SAME IS INVESTMENT ADVICE OR RECOMMENDATIONS AND
SHALL NOT BE RESPONSIBLE FOR THEM.
• 1.7. Your personal data is processed in accordance with the Privacy Policy.
• 1.8. The meaning of the definitions, expressions, and abbreviations used in these GTC can be found in
clause 18.
2. INTRODUCTORY PROVISIONS
• 2.1. You can order the Services through the Website by completing the appropriate registration or
order form. After registration, we will e-mail you the login details for the Client Account and/or
Platform and allow you to access them.
• 2.2. The Services include, among other things, the Free Monthly Trading Contests, FXIFY Challenge,
and Verification products; these products may differ in the scope of the Services provided (e.g., by
analytical tools available to the Customer). With the Free Monthly Trading Contests, you may use
some of the Services within a limited scope and for a limited period free of charge. Completing the
Free Monthly Trading Contests does not entitle you to access any other Services.
• 2.3. All data that you provide to us through the registration or order form, the Client Account, or
otherwise must be complete, true, and up to date. You must immediately notify us of any change in
your data or update the data in your Client Account. The Customer is responsible for all the provided
data being accurate and up to date; the Provider is not obligated to verify the data.
• 2.4. You acknowledge that if you provide an identification number, tax registration number or other
similar information in the registration or order form or in the Client Account, or if you state that you
are a legal entity, you will be considered as an entrepreneur (trader) for the purposes of these GTC and
when using the Services, and the provisions of these GTC or the applicable law that grant rights to
consumers will not apply to you.
• 2.5. The fee for the FXIFY Challenge varies according to the option selected and depends on the
amount of the Account Balance, the degree of the acceptable risk, the parameters that must be fulfilled
so that the conditions of the FXIFY Challenge and the subsequent Verification are met, and possibly
other configurations. More detailed information on individual options and fees for those options are
provided on our Website here. The final fee will be determined based on the option you select when
completing the form for ordering the FXIFY Challenge. The Provider reserves the right to also
provide the Services under individually agreed conditions. All individually agreed conditions shall be
determined by the Provider at its own discretion. Individual discounts and other benefits may not be
combined, unless expressly stipulated otherwise by the Provider.
• 2.6. The fee is paid for allowing you to access the FXIFY Challenge, or the Services provided under
the FXIFY Challenge. The Customer is not entitled to a refund of the fee, for example, if the
Customer cancels the Customer’s Client Account or requests the cancellation by e-mail, if the
Customer terminates the use of the Services or the contract (for example, fails to complete the FXIFY
Challenge or the Verification), fails to meet the conditions of the FXIFY Challenge or the
Verification, or violates these GTC.
• 2.7. If the Customer lodges an unjustifiable complaint regarding the paid fee or disputes the paid fee
with the Customer’s bank or payment service provider (e.g. through chargeback services, dispute
services, or other similar services), on the basis of which an annulment, cancellation or refund of the
fee or any part thereof is requested, the Provider is entitled, at its own discretion, to stop providing to
the Customer any services and refuse any future provision of any services.
• 2.8. Your choice of the option of the FXIFY Challenge that you select when making an order shall
also apply to the subsequent Verification. You will start the subsequent Verification and, possibly,
other products related thereto, with the parameters and the same currency that correspond to the
option of the FXIFY Challenge selected by you. Once you make a selection, it is not possible to
change it. If you are ordering a new FXIFY Challenge, the restrictions specified in this clause 2.8
shall not apply.
• 2.9. The Provider reserves the right to unilaterally change the fees and parameters of the Services at
any time. The change does not affect the Services purchased before the change is notified.
• 2.10. Any data entered in the order form can be checked, corrected, and amended until the binding
order of the Services. The order of the Services of your choice is made by choosing the applicable for
you phase on the Website. The Provider will immediately confirm the receipt of your order to your e-
mail address. In the case of the Free Monthly Trading Contests, the order is completed upon the
delivery of the confirmation to your e-mail address, whereby the contract is executed. In the case of
the FXIFY Challenge, the order is completed upon the payment of the fee for the selected option,
whereby the contract between you and the Provider is executed, the subject of which is the provision
of the FXIFY Challenge and, if the conditions of the FXIFY Challenge are met, and the Verification.
The contract is concluded in English. We archive the contract in electronic form and do not allow
access to it.
• 2.11. You acknowledge that in order to use our Services, you must obtain the appropriate technical
equipment and software, including third-party software (e.g., software for the use of the Platform), at
your own risk and expense. The Website is accessible from the most commonly used web browsers.
The internet access, purchase of the equipment, and purchase of the web browser and its updates are at
your own risk and expense. The Provider does not warrant or guarantee that the Services will be
compatible with any specific equipment or software. The Provider does not charge any additional fees
for the internet connection.
• 2.12. You acknowledge that the operators of Platforms are persons or entities different from the
Provider and that their own terms and conditions and privacy policies will apply when you use their
services and products. Before sending an order form, you are obligated to read those terms and
conditions and privacy policies.
• 2.13. If the Customer places an unusually large number of orders for the Services within an
unreasonably short period of time, the Provider may notify the Customer through the Client Account
as a protective precaution to mitigate potentially harmful behaviour of the Customer. If such
unreasonable behaviour continuous after such notice, we reserve the right to suspend any further
orders of the Services by the Customer. If we identify that the unusual behaviour as per this paragraph
relates to the Customer’s involvement in Forbidden Trading Practices, we may take respective actions
as perceived in Section 5 of this GTC. The Provider reserves the right to determine, at its own
discretion, the nature of the behaviour described above and reasonable boundaries for such
determination.
3. PAYMENT TERMS
• 3.1. The amounts of fees for the FXIFY Challenge options are in USD. The fee can also be paid in
other currencies that are listed on the Website. If you select any other currency than the USD, the
amount of the fee for the selected option of the FXIFY Challenge shall be converted by our rates and
it will automatically display your payment total in your chosen currency, so you know how much you
are paying before you confirm the order. The Customer acknowledges that if the payment is made in a
currency other than the one the Customer has chosen on the Website, the amount will be converted
according to the current exchange rates valid at the time of payment.
• 3.2. Service charges are inclusive of all taxes. If the Customer is an entrepreneur (trader), he is obliged
to fulfil all his tax obligations in connection with the use of our Services in accordance with applicable
law, and in the event of an obligation, he is obliged to pay tax or other fees properly.
• 3.3. You can pay the fee for the selected option of the FXIFY Challenge by a payment cardor using
other means of payment that the Provider currently offers on the Website.
• 5.1. During the demo trading on the Platform, you may perform any transactions, unless these
constitute forbidden trading strategies or practices within the meaning of clause 5.4. You also agree to
follow good market standard rules and practices for trading on financial markets (e.g., risk
management rules). Restrictions may also be imposed by the trading conditions of the Platform that
you have selected for trading.
• 5.2. You acknowledge that the Provider has access to information about the demo trades that you
perform on the Platform. You grant the Provider your consent to share this information with
persons/entities who are in a group with the Provider or who are otherwise affiliated with the
Provider, and you grant the Provider and these persons/entities your consent and authorization to
handle this information at their own will. You agree that these activities may be performed
automatically without any further consent, consultation, or approval on your part being necessary, and
that you are not entitled to any remuneration or revenue associated with the use of the data by the
Provider. The Provider is aware that you do not provide the Provider with any investment advice or
recommendations through your demo trading. You acknowledge that you may suspend your demo
trading on the Platform at any time.
• 5.3. The Provider bears no responsibility for the information displayed on the Platform, nor for any
interruption of, or delay or inaccuracy in the market information displayed through your Client
Account.
• 5.4. FORBIDDEN TRADING PRACTICES.
○ 5.4.1. DURING THE DEMO TRADING, IT IS PROHIBITED TO:
○ 5.4.1.1. KNOWINGLY OR UNKNOWINGLY USE TRADING STRATEGIES THAT
EXPLOIT ERRORS IN THE SERVICES SUCH AS ERRORS IN DISPLAY OF
PRICES OR DELAY IN THEIR UPDATE;
○ 5.4.1.2. PERFORM TRADES USING AN EXTERNAL OR SLOW DATA FEED;
○ 5.4.1.3. PERFORM, ALONE OR IN CONCERT WITH ANY OTHER PERSONS,
INCLUDING BETWEEN CONNECTED ACCOUNTS, OR ACCOUNTS HELD WITH
DIFFERENT FXIFY ENTITIES, TRADES OR COMBINATIONS OF TRADES THE
PURPOSE OF WHICH IS TO MANIPULATE TRADING, FOR EXAMPLE BY
SIMULTANEOUSLY ENTERING INTO OPPOSITE POSITIONS;
○ 5.4.1.4. PERFORM TRADES IN CONTRADICTION WITH THE TERMS AND
CONDITIONS OF THE PROVIDER AND THE PLATFORM; (e) USE ANY
SOFTWARE, ARTIFICIAL INTELLIGENCE, ULTRA-HIGH SPEED, OR MASS
DATA ENTRY WHICH MIGHT MANIPULATE, ABUSE, OR GIVE YOU AN
UNFAIR ADVANTAGE WHEN USING OUR SYSTEMS OR SERVICES;
○ 5.4.1.5. PERFORM GAP TRADING BY OPENING TRADE(S):
I. WHEN MAJOR GLOBAL NEWS, MACROECONOMIC EVENT OR
CORPORATE REPORTS OR EARNINGS (“EVENTS”), THAT MIGHT
AFFECT THE RELEVANT FINANCIAL MARKET (I.E. MARKET THAT
ALLOWS TRADING OF FINANCIAL INSTRUMENTS THAT MIGHT BE
AFFECTED BY THE EVENTS), ARE SCHEDULED; AND
II. 2 HOURS OR LESS BEFORE A RELEVANT FINANCIAL MARKET IS
CLOSED FOR 2 HOURS OR LONGER; OR
○ 5.4.1.6. OTHERWISE PERFORM TRADES IN CONTRADICTION WITH HOW
TRADING IS ACTUALLY PERFORMED IN THE FOREX MARKET OR IN ANY
OTHER FINANCIAL MARKET, OR IN A WAY THAT ESTABLISHES JUSTIFIED
CONCERNS THAT THE PROVIDER MIGHT SUFFER FINANCIAL OR OTHER
HARM AS A RESULT OF THE CUSTOMER’S ACTIVITIES (E.G.
OVERLEVERAGING, OVEREXPOSURE, ONE-SIDED BETS, ACCOUNT
ROLLING).
○ 5.4.2. As our customer, you should understand and agree that all our Services are for
Customer’s personal use only, meaning that only you personally can access your FXIFY
Challenge and Verification accounts and perform trades. For that reason, you should not, and
you agree not to,
a. allow access to and trading on your FXIFY Challenge and Verification accounts by any
third party nor you shall engage or cooperate with any third party in order to have such
third party perform trades for you, whether such third party is a private person or a
professional;
b. access any third-party FXIFY Challenge and Verification accounts, trade on behalf of any
third party or perform any account management or similar services, where you agree to
trade, operate or manage the FXIFY Challenge and Verification accounts on behalf of
another user, all whether performed as a professional or otherwise. Please note that if you
act or behave in contradiction with the aforesaid, we will consider such action/behaviour
as a Forbidden Trading Practice under Section 5.4. with respective consequences as
perceived under this GTC.
○ 5.4.3. Furthermore, Customer shall not exploit the Services by performing trades without
applying market standard risk management rules for trading on financial markets, this includes,
among others, the following practices (i) opening substantially larger position sizes compared to
Customer’s other trades, whether on this or any other Customer’s account, or (ii) opening
substantially smaller or larger number of positions compared to Customer’s other trades,
whether on this or any other Customer’s account. The Provider reserves the right to determine,
at its own discretion, whether certain trades, practices, strategies, or situations are Forbidden
Trading Practices.
• 5.5. If the Customer engages in any of the Forbidden Trading Practices described in clause 5.4, (i) the
Provider may consider it as a failure to meet the conditions of the particular FXIFY Challenge or
Verification, (ii) the Provider may remove the transactions that violate the prohibition from the
Customer’s trading history and/or not count their results in the profits and/or losses achieved by the
demo trading, or (iii) to immediately cancel all Services provided to the Customer and subsequently
terminate this contract.
• 5.6. In case when some or all Forbidden Trading Practices are executed on one or more FXIFY
Challenge and Verification accounts of one Customer, or accounts of various Customers, or by
combining trading through FXIFY Challenge and Verification accounts and FXIFY Trader accounts,
then the Provider is entitled to cancel all Services and terminate all respective contracts related to any
and all Customer’s FXIFY Challenge and Verification accounts and/or apply other measures in Clause
5.5. The Provider may exercise any and all actions in Clauses 5.5 and 5.6 at its own discretion.
• 5.7. If any FXIFY Trader accounts were used for or were involved in the Forbidden Trading Practices,
this may and will constitute a breach of respective terms and conditions for FXIFY Trader account
with third-party provider and may result in cancellation of all such user accounts and termination of
respective agreements by the third-party provider.
• 5.8. If the Customer engages in any of the practices described in clause 5.4 repeatedly, and the
Provider has previously notified the Customer thereof, the Provider may prevent the Customer from
accessing all Services or their parts, including access to the Client Section and Platform, without any
compensation. In such a case, the Customer is not entitled to a refund of the fees paid.
• 5.9. The Provider does not bear any responsibility for trading or other investment activities performed
by the Customer outside the relationship with the Provider, for example by using data or other
information from the Client Account, Platform, or otherwise related to the Services in real trading on
financial markets, not even if the Customer uses for such trading the same Platform that the Customer
uses for demo trading.
• 5.10. DEVELOPMENTS IN FINANCIAL MARKETS ARE SUBJECT TO FREQUENT AND
ABRUPT CHANGES. TRADING ON FINANCIAL MARKETS MAY NOT BE PROFITABLE
AND CAN LEAD TO SIGNIFICANT FINANCIAL LOSSES. ANY PREVIOUS PERFORMANCES
AND PROFITS OF THE CUSTOMER’S DEMO TRADING ARE NOT A GUARANTEE OR
INDICATION OF ANY FURTHER PERFORMANCE.
• 6.1. After paying the fee for the selected option of the FXIFY Challenge, the Customer will receive
the relevant login data for the Platform at the e-mail address provided by the Customer or in the Client
Account. The Customer activates the FXIFY Challenge by opening the first demo trade in the
Platform. YOU ACKNOWLEDGE THAT, BY OPENING THE FIRST DEMO TRADE, YOU
EXPRESSLY DEMAND THE PROVIDER TO PROVIDE COMPLETE SERVICES. IF YOU ARE
A CONSUMER, IT MEANS THE COMPLETION OF SERVICES BEFORE THE EXPIRY OF THE
PERIOD FOR WITHDRAWAL FROM THE CONTRACT, WHICH AFFECTS YOUR RIGHT TO
WITHDRAW FROM THE CONTRACT, AS SPECIFIED IN MORE DETAIL IN CLAUSE 12. If
you do not activate the FXIFY Challenge within 30 calendar days of the date on which it was made
available to you, your access to it will be suspended. You can request the renewal of access via the
Client Account or by sending an e-mail to support@fxify.com within 6 months of the initial
suspension, otherwise we will terminate the provision of the Services without any right to a refund of
the fee.
• 6.2. In order for the Customer to meet the conditions of the FXIFY Challenge, the Customer must
fulfil all of the parameters as stipulated on the Website.
• 6.3. If the Customer has met the conditions of the FXIFY Challenge as stipulated on the Website, and
at the same time has not violated these GTC, in particular the rules of demo trading under clause 5.4,
the Provider will evaluate the FXIFY Challenge as successful and will make the Verification available
to the Customer free of charge by sending login details to the Customer’s e-mail address or Client
Account. The Provider does not have to evaluate the FXIFY Challenge if the Customer has not closed
all trades.
• 6.4. The Customer activates the Verification by opening the first demo trade in the Trading Platform.
If the Customer does not activate the Verification within 30 calendar days from the day on which the
Customer received the new login data, the Customer’s access to the Verification will be suspended.
The Customer may request the renewal of access via the Client Account or by sending an e-mail to
support@FXIFY.com within 6 months of the suspension, otherwise we will terminate the provision of
the Services without any right to a refund.
• 6.5. In order for the Customer to meet the conditions of the Verification, the Customer must fulfil all
of the parameters as stipulated on the Website . If the above conditions are met, the Provider will
evaluate the Verification as successful and will recommend the Customer as a candidate for FXIFY
Trader program. The Provider does not have to evaluate the Verification if the Customer has not
closed all transactions.
• 6.6. If during the FXIFY Challenge the Customer does not comply with some of the conditions
specified in clause 6.2, the FXIFY Challenge will be evaluated as unsuccessful, and the Customer will
not be allowed access to the subsequent Verification. If during the Verification the Customer does not
comply with any of the conditions specified in clause 6.5, the Verification will be evaluated as
unsuccessful, and the Customer will not be recommended as a candidate for the FXIFY Trader
program. In such cases, the Customer’s account and Services will be cancelled without refund of fees
already paid.
• 6.7. Provider recommending Customer as a candidate for the FXIFY Trader Program in no way
guarantees Customer’s acceptance into the FXIFY Trader Program. The Provider is not responsible
for Customer being rejected by the FXIFY Trader Program for any or no reason.
7. FXIFY TRADER
If the Customer is successful in both the Challenge and Verification, the Customer may be offered a contract
by a third-party company, in its sole discretion to participate in the FXIFY Trader Program. The terms,
conditions, and agreement between the Customer and a third-party company are strictly between the
Customer and the third-party company. Timios Global Markets Ltd is in no way involved with the FXIFY
Trader Program agreement or lack thereof executed between the third-party company and the Customer. The
Customer acknowledges their personal data may be shared with a third-party company for purposes of
considering offering such a contract.
• 8.1. The Website and all Services, including the Client Account, their appearance and all applications,
data, information, multimedia elements such as texts, drawings, graphics, design, icons, images, audio
and video samples, and any other content that may form the Website and the Services (collectively as
the “Content”), are subject to legal protection pursuant to copyright laws and other legal regulations
and are the property of the Provider or the Provider’s licensors. The Provider grants you limited, non-
exclusive, non-transferable, non-assignable, non-passable, and revocable permission to use the
Content for the purpose of using the Services for your personal use and in accordance with the
purpose for which the Services are provided. The Content is not sold or otherwise transferred to you
and remains the property of the Provider or the Provider’s licensors.
• 8.2. All trademarks, logos, trade names, and other designations are the property of the Provider or
Provider’s licensors, and the Provider does not grant you any authorization to use them.
• 8.3. Both the Customer and the Provider undertake to act in accordance with the principles of fair
dealing in the performance of the contract and in mutual negotiations and, in particular, not to damage
the good reputation and legitimate interests of the other party. The Customer and the Provider will
resolve any possible disagreements or disputes between them in accordance with these GTC and the
parties agree that the law of Labuan will govern the performance and interpretation of their agreement
and disputes arising under it.
• 8.4. Any legal relations established by these GTC or related to them, as well as any related on-
contractual legal relations, shall be governed by the laws of the Labuan. Any dispute that may arise in
connection with these GTC and/or related agreements will fall within the jurisdiction of the Labuan
courts having local jurisdiction according to the registered office of the Provider.
• 8.5. Except for the rights expressly set out in these GTC, the Provider does not grant you any other
rights relating to the Services and other Content. You may only use the Services and other Content as
set out in these GTC.
• 8.6. When accessing the Services and other Content, the following is prohibited:
○
○ 8.6.1. to use any tools that may adversely affect the operation of the Website and Services or
that would be intended to take advantage of errors, bugs or other deficiencies of the Website
and Services;
○ 8.6.2. to circumvent geographical restrictions of availability or any other technical restrictions;
○ 8.6.3. to make copies or back-ups of the Website and other Content;
○ 8.6.4. to reverse-engineer, decompile, disassemble or otherwise modify the Website and other
Content;
○ 8.6.5. to sell, rent, lend, license, distribute, reproduce, spread, stream, broadcast or use the
Services or other Content otherwise than as permitted;
○ 8.6.6. to use automated means to view, display or collect information available through the
Website or Services; and
○ 8.6.7. to use any other tools or means the use of which could cause any damage to the Provider.
• 8.7. The provisions of clause 8 are not intended to deprive the Customer of the Customer’s consumer
rights which cannot be excluded by law.
9. DISCLAIMER
• 9.1. YOU ACKNOWLEDGE THAT THE SERVICES AND OTHER CONTENT ARE PROVIDED
“AS IS” WITH ALL THEIR ERRORS, DEFECTS AND SHORTCOMINGS, AND THAT THEIR
USE IS AT YOUR SOLE RESPONSIBILITY AND RISK. TO THE MAXIMUM EXTENT
PERMITTED BY THE MANDATORY LAWS, THE PROVIDER DISCLAIMS ANY
STATUTORY, CONTRACTUAL, EXPRESS, AND IMPLIED WARRANTIES OF ANY KIND,
INCLUDING ANY WARRANTY OF QUALITY, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF ANY RIGHTS.
• 9.2. TO THE EXTENT PERMITTED BY THE MANDATORY PROVISIONS OF THE
APPLICABLE LAWS, THE PROVIDER IS NOT RESPONSIBLE FOR ANY HARM, INCLUDING
ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES,
INCLUDING LOST PROFIT, LOSS OF DATA, PERSONAL OR OTHER NON-MONETARY
HARM OR PROPERTY DAMAGE CAUSED AS A RESULT OF USE OF THE SERVICES OR
RELIANCE ON ANY TOOL, FUNCTIONALITY, INFORMATION OR ANY OTHER CONTENT
AVAILABLE IN CONNECTION WITH THE USE OF THE SERVICES OR ELSEWHERE ON
THE WEBSITE. THE PROVIDER ISNOT RESPONSIBLE FOR ANY PRODUCTS, SERVICES,
APPLICATIONS OR OTHER THIRD- PARTY CONTENT THAT THE CUSTOMER USES IN
CONNECTION WITH THE SERVICES. IN CASE THE PROVIDER’S LIABILITY IS INFERRED
IN CONNECTION WITH THE OPERATION OF THE WEBSITE OR PROVISION OF THE
SERVICES BY A COURT OF JUSTICE OR ANY OTHER COMPETENT AUTHORITY, THIS
LIABILITY SHALL BE LIMITED TO THE AMOUNT CORRESPONDING TO THE FEE PAID
BY THE CUSTOMER FOR THE SERVICES IN CONNECTION WITH WHICH THE CUSTOMER
HAS INCURRED THE LOSS.
• 9.3. The Provider reserves the right to modify, change, replace, add, or remove any elements and
functions of the Services at any time without any compensation.
• 9.4. The Provider is not responsible for its failure to provide the purchased Services if that failure
occurs due to serious technical or operational reasons beyond the Provider’s control, in the case of any
crisis or imminent crisis, natural disaster, war, insurrection, pandemic, a threat to a large number of
people or other force majeure events, and/or if the Provider is prevented from providing the Services
as a result of any obligations imposed by law or a decision of a public authority.
• 9.5. The provisions of Clause 9 are not intended to deprive the Customer of the Customer’s consumer
or other rights that cannot be excluded by law.
IF THE CUSTOMER VIOLATES ANY PROVISION OF THESE GTC IN A MANNER THAT MAY
CAUSE ANY HARM TO THE PROVIDER, IN PARTICULAR, IF THE CUSTOMER ACCESSES THE
SERVICES IN CONFLICT WITH CLAUSE 1.3 OR 1.4, IF THE CUSTOMER PROVIDES
INCOMPLETE, UNTRUE OR NON-UPDATED INFORMATION IN CONFLICT WITH CLAUSE 2.3, IF
THE CUSTOMER ACTS IN A MANNER THAT MAY DAMAGE THE PROVIDER’S GOOD
REPUTATION, IF THE CUSTOMER VIOLATES THE DEMO TRADING RULES PURSUANT TO
CLAUSE 5.4, IF THE CUSTOMER ACTS IN CONFLICT WITH CLAUSE 8.3, AND/OR IF THE
CUSTOMER PERFORMS ANY OF THE ACTIVITIES REFERRED TO IN CLAUSE 8.5, THE
PROVIDER MAY PREVENT THE CUSTOMER FROM ORDERING ANY OTHER SERVICES AND
COMPLETELY OR PARTIALLY RESTRICT THE CUSTOMER’S ACCESS TO ALL OR ONLY SOME
SERVICES, INCLUDING ACCESS TO THE CLIENT ACCOUNT AND TRADING PLATFORM,
WITHOUT ANY PRIOR NOTICE AND WITHOUT ANY COMPENSATION.
11. COMMUNICATION
• 11.1. You acknowledge that all communication from the Provider or its partners in connection with
the provision of Services will take place through the Client Account or your e-mail address, which
you register with us. Written electronic communication by e-mail or through the Client Account is
also considered to be written communication.
• 11.2. Our contact e-mail address is support@fxify.com and our contact address is 1-13(A), First Floor,
Paragon, Jalan Tun Mustapha, 87009 Labuan F.T.
• 12.1. If you are a consumer, you have the right to withdraw from a contract without giving a reason
within 14 days of its execution (see clause 2.10 for details on the time of execution of the agreement).
PLEASE NOTE THAT IF YOU START PERFORMING DEMO TRADES BEFORE THE EXPIRY
OF THE SPECIFIED TIME LIMIT, YOU LOSE YOUR RIGHT TO WITHDRAW FROM THE
CONTRACT.
• 12.2. Your withdrawal from the contract must be made via the Trading Platform within the specified
time limit. We will confirm the receipt of the form to you in text form without undue delay. If you
withdraw from the contract, we will refund you without undue delay (no later than 14 days after your
withdrawal from the contract) all fees we have received from you, in the same way in which you paid
them.
• 12.3. The Provider is entitled to withdraw from the contract in the case of any breach by the Customer
specified in Clause 10. The withdrawal has effect from the day of its delivery to the e-mail address of
the Customer or through the Client Account.
• 13.1. If the Services do not correspond to what was agreed or have not been provided to you, you can
exercise your rights from defective performance. The Provider does not provide any guarantee for the
quality of the services. You must notify us of the defect without undue delay at our e-mail address or
at our address listed in clause 11.2. When exercising the rights from defective performance, you may
request that we remedy the defect or provide you with a reasonable discount. If the defect cannot be
remedied, you can withdraw from the contract or claim a reasonable discount.
• 13.2. We will try to resolve any complaint you may lodge as soon as possible (no later than within 30
calendar days), and we will confirm its receipt and settlement to you in writing. If we do not settle the
complaint in time, you have the right to withdraw from the contract. You can file a complaint by
sending an e-mail to our e-mail address support@fxify.com.
• 14.1. The Provider reserves the right to change these GTC from time to time with effect for the
contract previously entered into by the Customer. The Provider will notify the Customer of the change
in the GTC at least 7 days before the change in the GTC is effective, via the Client Account or by e-
mail. If the Customer does not agree with the change, the Customer is entitled to reject it. The
Customer must do so no later than on the last business day before these changes take effect by sending
the rejection to our e-mail address support@fxify.com. Upon receiving such rejection, the contract
will be terminated. If the Customer does not reject the change, it is considered that the Customer
agrees to the new version of GTC.
• 14.2. If the change offers the Customer a new service or other additional functionalities or this change
is solely to their advantage, the Provider can inform the Customer about this change less than 7 days
before the effective date of such change, but no later than the day before its effectiveness.
• 14.3. The Provider will mainly change these GTC for the following reasons:
○ 14.3.1. to introduce new services or products or amend existing services or products;
○ 14.3.2. to reflect legal or regulatory requirements that apply to the Provider;
○ 14.3.3. when the Provider will try to make these GTC easier to understand or more helpful to
the Customer;
○ 14.3.4. to adjust the way our Services are provided, particularly if the change is needed because
of a change in the way the technology is provided or background processes;
○ 14.3.5. to reflect changes in the cost of running our business.
• 15.1. The Provider has not adopted any consumers codes of conduct.
• 15.2. These GTC constitute the complete terms and conditions agreed between you and the Provider
and supersede all prior agreements relating to the subject matter of the GTC, whether verbal or
written.
• 15.3. Nothing in these GTC is intended to limit any legal claims set out elsewhere in these GTC or
arising from the applicable law. If the Provider or any third party authorized thereto does not enforce
the compliance with these GTC, this can in no way be construed as a waiver of any right or claim.
• 15.4. The Provider may assign any claim arising to the Provider from these GTC or any agreement to
a third party without your consent. You agree that the Provider may, as the assignor, transfer its rights
and obligations under these GTC or any agreement or parts thereof to a third party. The Customer is
not authorized to transfer or assign the Customer’s rights and obligations under these GTC or any
agreements or parts thereof, or any receivables arising from them, in whole or in part, to any third
party.
• 15.5. If any provision of the GTC is found to be invalid or ineffective, it shall be replaced by a
provision whose meaning is as close as possible to the invalid provision. The invalidity or
ineffectiveness of one provision shall not affect the validity of the other provisions. No past or future
practice established between the parties and no custom maintained in general or in the industry
relating to the subject-matter of the performance, which is not expressly referred to in the GTC, shall
be applied and no rights and obligations shall be derived from them for the parties; in addition, they
shall not be taken into account in the interpretation of manifestations of the will of the parties.
• 15.6. The schedules to the GTC form integral parts of the GTC. In the event of a conflict between the
wording of the main text of the GTC and any schedule thereof, the main text of the GTC shall prevail.
• 15.7. Prior to the mutual acceptance of these GTC, the parties have carefully assessed the possible
risks arising from them and accept those risks.
• 16.1. For the purposes of the GTC, the following definitions shall have the following meanings:
○ 16.1.1. “Client Account” means the user interface located on the Website;
○ 16.1.2. “Content” means the Website and all Services, including the Client Section, their
appearance and all applications, data, information, multimedia elements such as texts, drawings,
graphics, design, icons, images, audio and video samples and other content that may form the
Website and the Services (as set out in clause 8.1); 19.1.3. “Customer” means the user of the
Services (as set out in clause 1.1);
○ 16.1.3. “Events” means events as set out in clause 5.4.1;
○ 16.1.4. “FXIFY Challenge and Verification account” means trading accounts related to trading
education courses provided as part of the Services by the Provider;
○ 16.1.5. “FXIFY Trader account” means a trading account, which relates to the FXIFY Trader
program provided by a third-party provider;
○ 16.1.6. “Forbidden Trading Practices” means trading practices strictly forbidden while using
our Services and are more detailed in Section 5.4 of these GTC;
○ 16.1.7. “GTC” means these General Terms and Conditions of FXIFY;
○ 16.1.8. “Provider” means the provider of certain Services (as set out in clause 1.1);
○ 16.1.9. “Services” means the Provider’s services as set out in clauses 1.1 and 1.5;
○ 16.1.10. “Trading Platform” means an electronic interface provided by a third party in which
the Customer performs the demo trading; and
○ 16.1.11. “Website” means the website www.fxify.com.
• 16.2. For the purposes of the GTC and their schedules, the following expressions and abbreviations
shall have the following meanings:
○ 16.2.1. “Calendar Day” means the period from midnight to midnight of the time currently valid
in the Labuan;
○ 16.2.2. “Initial Capital” means a fictitious amount that the Customer has chosen when selecting
the option of the FXIFY Challenge and which the Customer will use to perform demo trading;
Signature Details:
Authentication
User Authenticated: True;
User Login Identity: CfDJ8MM3S4gjgHpJnTmop0IOY9Jjas-7Cjm-
Q5cFqsjc4_lNtOd4XIrJSnumQehU6W2fKczJF00JpwKvwuxLrtJVMn_oMzSvj2o3bEqkyyG
WGpnOo81X0hFitQKkI1VCrTkzaIG8kHJOjQqs-tQ8Cg4oz1FQZ-
jFWlU5G8_aEOEYLjGXhgE0uUAjMVSO7e89pnlujVLp7OTAUY46eJhOHdDGZ_7jDO4r
GjymTe0Znlh5nXbF3DSRaqaB4lvp_DQsc4vqfF-
CdFE_QumZPhEHZjpcuyIfUCnd2hGbaEw-
xHv5sr3ztOlOsE8XOqkiGE21Ju_gxKRkM1pg30xuoGPnCJ6RB7Z_CLLVifCvUFUAqtgm
8XB8JeaGdQaIy22neLS1y8q2vzHTSknOgdzWnruhut3FssMfJQ9kVihrxLHO_Aw2PDJ_Og
caDTVwZ4SreMvXGBbyVJsku0eFuXtPHvXTas0ydyfr8xmQvpRQw5UyojiSx8BZdGJoqR
W7fYAKdUDcHN1uv2riUsfRk8vPs42-d_YRio5vSi_ARiXdOh-
CS0n3oQhmA3a9HmXbIjjQp8QH3LhGzJvLreNI_EAF3qLauiwH2nT7tY1McJwF156V1nt
WSuy-jJ_3pei958tvWi0dgDimis3VzVY52VbITsTHQMtzqVg
Two factor authentication: Enabled
Entered Security Code: SC2kbgsq26;