1. Legal Disclosure
1.1. The following documents constitute an integral part of the Service Agreement/ Terms & Conditions which you must accept if you wish to use our Services. In the event of conflict between this Legal Disclaimer document and the Terms & Conditions or any other document listed on our website, the Legal Disclaimer shall prevail.
1.2. Tradelax (hereinafter referred to as the “Company”), is incorporated under the laws of Saint Vincent and the Grenadines having its registered office First Flооr, First St. Viпсепt Bank Ltd Building, James Stгееt, РO Вох 1574, Kingstown, VC0100, St. Vincent and the Grenadines.
1.3. The Company is authorized as an International Business Company under the International Business Companies (Amendment and Consolidation) Act, Chapter 149 of the Revised Laws of Saint Vincent and Grenadines, 2009 (herein the “Law”).
1.4. The objects of the Company are all subject matters authorized by the International Business Companies (Amendment and Consolidation) Act, Chapter 149 of the Revised Laws of Saint Vincent and the Grenadines, 2009, in particular but not exclusively all commercial, financial, lending, borrowing, trading, service activities and the participation in other enterprises as well as to provide brokerage, training and managed account services in currencies, commodities, indexes and leveraged financial instruments.
1.5. The Company operates in compliance with the laws and regulations of Saint Vincent and the Grenadines, under which, it is authorized to provide the afforded Services to its clients, without obtaining a financial operating license from the Financial Services Authority (FSA) of Saint Vincent and the Grenadines.
1.6. The company does not hold such license from the FSA, nor is it subject to ongoing supervision by any financial regulator elsewhere.
1.7. The company operate in compliance with AML laws and regulation of Saint Vincent and the Grenadines and with international AML rules including the FATF Recommendations.
1.8. The Company’s activities are not insured by private Client Money Insurance policy, nor by any government’s program protecting Clients’ funds, including in the event of Company’s insolvency or other financial loss caused by any reason whatsoever.
2. Provision of Cross-border services
2.1. The products and Services provided by the Company are authorized for sale under the law of Saint Vincent and Grenadines. They are not intended for any person/s who, based on their nationality, place of business, domicile or for any other reasons, is/are subject to legal provisions which prohibit foreign financial services providers from servicing clients who are residents of these jurisdictions, or which prohibit or restrict legal entities or natural persons from using the services of foreign financial services providers.
2.2. Where the Company is not authorized by the supervisory authority of a certain country, The Company as a general rule does not promote financial services in that country.
2.3. You confirm that you access this website on your own initiative and without any solicitation from The Company.
3. No Offer or Advice
3.1. All the information provided, in particular, the opinions, mathematical results and technical analyses published on the website, transmitted to you or obtained via the selection and decision-making tools proposed by the Company, is provided for information purposes only and should in no event be construed as an offer, a piece of advice or a recommendation to buy or sell a particular security or to engage in any transaction whatsoever; nor should the information provided be construed as advice of any other type, for example of a fiscal or legal nature.
3.2. All of the investment decisions you make shall be based exclusively on your own assessment of your financial situation and your investment goals, as well as on your own personal interpretation of the information available, in particular the opinions, mathematical results and technical analyses published on the website, transmitted to you or obtained via the selection and decision-making tools proposed by The Company. You are solely responsible for such decisions.
3.3. Investments in securities featuring on the website are subject to certain risks. The price of securities may go down as well as up. Fluctuations in foreign exchange rates can also alter the value of securities. The future performance of a security cannot be guaranteed by past performance. It is therefore possible that you do not get back the amount you invest. We strongly recommend that you seek professional advice before making investment decisions.
4. Exclusion of Liability
4.1. Neither the Company, its directors, officers, employees, agents or shareholders, nor third party information providers, their directors, officers, employees, agents or shareholders will assume any liability for any loss or damages whatsoever, be they direct or indirect, incurred as a result of accessing the website or using the information and services available on the website, or as a result of the inability to access or use any information or services available on the website.
4.2. In particular, it is expressly stated that in no event will the company, its directors, officers, employees, agents or shareholders be liable for any loss or damages incurred as a result of errors, technical or otherwise, transmission failures, system overloads, interruptions in services (including but not limited to system maintenance services), any delay in the transmission of information, incompatibility between the website and your files and/or software (in particular your browser) and/or computer, malfunction, interference, the transmission of a virus onto your computer, unauthorized access (as a result of hacking or piracy activities, for example), the willful blocking of telecommunications tools or networks (as a result of mail-bombing, denial of services attacks, for example) or any other failure or inadequacy on the part of telecommunication or network service providers.
5. Complaints Handling Procedure
5.1. The Company has implemented and maintains a Complaints Handling Procedure (the
5.2. “Procedure”), which is described in this document. The purpose of the Procedure is to set out the internal complaint resolution system and procedures which the Company has established, maintains and follows for the resolution of complaints.
5.3. The Parties have agreed that they will make every effort to settle, by means of negotiation, all disputes between the Company and the Client related to transactions, payouts, and other actions provided for by the Agreement.
5.4. If a dispute arises, the Client may submit a complaint to the Company and send to the Company.
5.5. Client expressly waives any right to initiate formal claim against the Company, unless such claim was first submitted to the Company in accordance with the Complaints Handling Procedure, and has not been resolved to the client’s satisfaction.
5.6. All the complaint related to transactions executed by the Client shall be submitted by the Client in compliance with the following requirements:
A complaint received by a Client shall include:
a) the Client’s name and surname;
b) the Client’s trading account number;
c) the affected transaction numbers, if applicable;
d) the date that the issue arose and a description of the issue.
5.7. A complaint must not include offensive language directed either to the Company or a Company employee.
5.8. All complaints or grievances must be in writing and shall be addressed, to the Customer Support Department of the Company via email at: [email protected]
5.9. If the Client receives a response from the Customer Support but deems that the complaint or grievances need to be raised further for an independent review, the Client may either ask the Customer Support to escalate it to the Client Audit Team which will independently and impartially investigate it.
5.10. The Company will not be able to handle or investigate a complaint, if the requirements detailed above are not fulfilled.
5.11. The Company shall need the Client’s cooperation in order to handle the complaint.
5.12. The Company shall thoroughly examine all complaints as required (taking into account any information contained within the books and records of the Company, including but not limited to the Client’s trading account history).
5.13. The Company will treat each complaint with reasonable care and reach a fair outcome.
5.14. The Company shall send its initial response to the Client within fifteen (15) business days from the receipt of the complaint. If the complaint requires further investigation and it cannot be resolved within fifteen (15) business days, it will issue a holding response indicating when the Company will make further contact and inform the Client on the progress of the investigation.
5.15. The Company shall investigate and reply to the complainant within sixty (60) days from the date of reception of the complaint.
5.16. Upon completion of the investigation, the Company shall send a written notice to the complainant informing him of the outcome of the investigation along with the reasons for reaching such a decision, or, If applicable, the nature and terms of any offer and/or settlement.
5.17. The Company will conclude its investigation no later than sixty (60) days from the date of receipt of the complaint.
5.18. The Client may not initiate any formal proceedings during the investigation period.
6. Governing Law and Jurisdiction
6.1. The Company is an international service provider, serving clients from six continents. The place of residency of the Company and the place of performance of the Services and of all the obligations arising from the Agreement is the city Kingstown in Saint Vincent and Grenadines.
6.2. The Agreement is subject to and shall be construed in accordance with the law of Saint Vincent and Grenadines, without reference to its conflict of law rules.
6.3. Any disputes, differences or claims arising out of or in connection with the Agreement, including with respect to its performance, breach, termination or invalidity, between the Client and the Company, its directors, officers, employees, agents or shareholders, shall be settled by the courts of Saint Vincent and Grenadines in accordance with the procedural and substantive laws of Saint Vincent and Grenadines.
6.4. The client irrevocably agrees to submit to the jurisdiction of the state courts located within the city Kingstown in Saint Vincent and Grenadines and hereby waive any objection to the convenience or propriety of venue therein.
6.5. The client understands that the Company does not have any physical presence or local agent in his country and region, and therefore certain laws concerning legal jurisdiction may not apply to this Agreement.
6.6. In particular, the rules on Jurisdiction over Consumer Contracts set out in REGULATION (EU) No 1215/2012 (recast) may not apply to the Company, as it is not a resident of a member state.
6.7. Further, the Company does not have any “close connection” with the territory of the EU Member States for the purpose of COUNCIL DIRECTIVE 93/13/EEC on Unfair Terms in Consumer Contracts. Client accepts that the conditional arbitration clause under section 8 complies with the Arbitration Act 1952 of Saint Vincent and Grenadines, and the legal actions afforded to him by this Agreement do not hinder any of his rights in an unfair manner.
6.8. To the extent permitted by law, the Agreement prevails to the extent it is inconsistent with any law.
6.9. A provision of the Agreement that is void, illegal or unenforceable is ineffective only to the extent of the voidness, illegality or unenforceability, but the remaining provisions are not affected.
6.10. This Section shall survive any termination of the Agreement.
7. Conditional International Arbitration
7.1. In the event that the clause giving exclusive jurisdiction to the court of Saint Vincent and Grenadines has been declared invalid, unenforceable or illegal by any Court of competent jurisdiction or by an act of law, the dispute shall be shall be resolved exclusively and finally by arbitration in accordance with the Rules of Arbitration (the “Rules”) of the International Chamber of Commerce (“ICC”).
7.2. The arbitration shall be held by three (3) arbitrators designated by the parties. Each party shall designate one arbitrator. The third arbitrator shall be designated by the two arbitrators designated by the Parties. If either party fails to designate an arbitrator within thirty (90) days after the filing of the Dispute with the ICC, such arbitrator shall be appointed in the manner prescribed by the Rules.
7.3. An arbitration proceeding hereunder shall be conducted in Singapore, and shall be conducted in the English language.
7.4. The arbitral proceedings shall be governed by the substantive law of Saint Vincent and Grenadines.
7.5. The decision or award of the arbitrators is final and binding on both Parties.
7.6. Any award of the arbitrators shall be in writing and shall state the reasons upon which such decision or award is final and binding on both parties.
7.7. The arbitration panel may only award for direct monetary damages, and in no event, may punitive, consequential and special damages be awarded.
8. Class Action Waiver
8.1. The parties waive any right to assert any claims against the other party as a representative or member in any class or representative action, except where such waiver is prohibited by law or deemed by a court of law to be against public policy.
8.2. To the extent either party is permitted by law or court of law to proceed with a class or representative action against the other, the parties agree that: (i) the prevailing party shall not be entitled to recover attorneys’ fees or costs associated with pursuing the class or representative action (not withstanding any other provision in this agreement); and (ii) the party who initiates or participates as a member of the class will not submit a claim or otherwise participate in any recovery secured through the class or representative action.