Terms and Conditions
Below is a version of the Terms and Conditions have been grouped into three parts:
- General Website Terms and Conditions
- CFDReserve Terms and Conditions for Indices, Forex, and Shares Trading
- CFDReserve Terms and Conditions for the Managed Investment Plan: Forex and Shares Trading
PART I: General Website Terms and Conditions
1. Introduction
1.1. Operator
This website (the “Website”) is operated by CFD Reserve Ltd (“CFD Reserve,” “we,” “us,” or “our”), including any holding companies, subsidiaries, or related entities.
1.2. Regulation
CFD Reserve is licensed and regulated by the Australian Financial Security Regulatory (ACN 654412) and recognized by the European Financial Commission (reference no. 963501).
1.3. Acceptance of Terms
By accessing or using this Website, you agree to these Terms and Conditions, along with the Privacy Policy, Cookie Policy, and any other statements or conditions issued by us on the Website (collectively, the “Terms”). If you open an account with us, you may be subject to additional agreements (e.g., a User Agreement) that prevail over these Terms in case of inconsistency.
2. Terms and Conditions of Use
2.1. Review and Amendments
- You must read the Terms carefully.
- We reserve the right to amend these Terms at any time without notice, at our sole discretion.
- It is your responsibility to review this page periodically for updates; continued use of the Website constitutes acceptance of any revised Terms.
2.2. Non-Acceptance
- If you do not agree with these Terms, you must not use or access the Website.
3. Use of Contact Details
3.1. No Implied Consent
- The publication of any person’s contact details on our Website does not constitute consent to receive unsolicited commercial electronic messages (SPAM).
4. Limitations on Use
4.1. Prohibited Actions
- You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Website or its user content.
- You may not use network monitoring/discovery software to determine the Website’s architecture or extract information about usage, individual identities, or users.
4.2. Restrictions on Content Use
- You may not copy, modify, reproduce, republish, distribute, display, or transmit any portion of the Website or user content for commercial, non-profit, or public purposes without our prior written permission.
5. General Advice Warning
5.1. No Adviser-Client Relationship
- Accessing this Website does not create an adviser-client relationship between you and CFD Reserve.
- Do not act or refrain from acting solely based on material on this Website.
5.2. No Solicitation
- Content on this Website does not constitute a solicitation or inducement to invest in any financial products/services offered by us.
5.3. Consideration of Risk
- Any advice on this Website is prepared without considering your objectives, financial situation, or needs.
- You should review our Risk Disclosure Notice before deciding whether to acquire any product described therein.
6. Access and Security
6.1. No Guarantee of Continuous Access
- We do not warrant continuous or error-free access to the Website.
6.2. No Liability for Unavailability
- We are not liable if the Website is unavailable for reasons such as server malfunctions, maintenance, or telecommunication issues.
6.3. Rights Reserved
- 6.3.1. Deny or Terminate Access: We may deny or terminate all or part of your Website access if we have concerns about unreasonable use, security, or unauthorized access, or if you breach these Terms.
- 6.3.2. Block or Suspend Accounts: We may block or suspend your account, remove your default settings, or part thereof without prior notice.
7. Intellectual Property Rights
7.1. Ownership of IP
- CFD Reserve or its suppliers/licensors owns all trademarks, service marks, design marks, patents, copyrights, database rights, and other intellectual property on the Website, unless otherwise stated.
7.2. No License Granted
- Use of the Website does not grant you any license or right to use our intellectual property without express written permission.
7.3. Trademarks
- You may not use any trademarks on our Website without written consent. Unauthorized use is a violation of intellectual property rights.
7.4. Authorization for Use
- If you wish to use content from our Website, please contact us for written authorization.
8. Linking to Our Website
8.1. Conditions for Linking
- You are welcome to link to our Website as long as:
- 8.1.1. Fair Representation: The link fairly represents our role as a financial services firm, complies with applicable laws and regulatory obligations, and does not cause embarrassment to us.
- 8.1.2. No Endorsement: The context does not suggest we endorse you or your site.
- 8.1.3. No Content Creation: The context does not imply that we created your content.
9. Links to Other Sites
9.1. Linked Websites
- The Website may contain links to other websites (“Linked Websites”) for convenience. We are not responsible for their content or practices.
9.2. No Endorsement
- Our link to a Linked Website is not an endorsement, approval, or recommendation of those sites.
9.3. Click at Your Own Risk
- If you follow a link to a Linked Website, you do so at your own risk.
9.4. Read Their Terms
- You should read the Linked Websites’ terms and conditions and privacy policies.
10. Disclaimer and Limitation of Liability
10.1. No Guarantee of Security
- We cannot guarantee the safety/security of your computer systems. We accept no liability for data loss or damage to your systems from using the Website.
10.2. No Warranty
- We make no express or implied warranties about the operation of the Website or user content; your use is at your own risk.
10.3. No Financial Advice
- Website content does not constitute financial, investment, legal, or tax advice.
10.4. “As Is” Basis
- The Website is provided “as is, as available,” to the extent permitted by law.
10.5. Exclusion of Implied Warranties
- Subject to applicable laws, all other conditions and warranties implied by custom, law, or statute are excluded.
10.6. Limitation of Liability
- CFD Reserve is not responsible for indirect, incidental, special, or consequential damages or loss of profits from:
- (a) Errors or omissions on the Website or user content
- (b) Third-party content accessed via links
- (c) Unavailability of the Website
- (d) Your use of the Website
- (e) Your use of any equipment or software in connection with the Website
10.7. Maximum Liability
- The maximum aggregate liability of CFD Reserve for all claims under or in connection with the Terms is $100.
11. Indemnification
11.1. Indemnity for Breach
- You agree to indemnify and hold CFD Reserve and its affiliates, officers, directors, employees, agents, and licensors harmless from all losses, damages, and costs (including legal fees) resulting from your violation of these Terms.
11.2. Indemnity for Third-Party Claims
- You also agree to indemnify us for any claims arising from information or material you submitted that violates any law or third-party rights.
12. Third-Party Rights
12.1. Enforcement by Third Parties
- The provisions in Section 10 (Disclaimer and Limitation of Liability) and Section 11 (Indemnification) benefit CFD Reserve and its affiliates. Each such party has the right to enforce these provisions directly against you.
13. Unlawful Activity
13.1. Right to Investigate
- CFD Reserve may investigate any complaints or reported violations of the Terms. We may report suspected unlawful activity to law enforcement or regulators, and disclose information as needed.
14. Confidentiality, Privacy, and Cookies
14.1. User Information
- You may provide personal information (“User Information”) during use of the Website. We also collect data via cookies. Our collection and use of your personal information is governed by our Privacy Policy and Cookie Policy, which are incorporated by reference.
14.2. Compliance with Privacy Policy
- By using the Website, you agree to comply with CFD Reserve’s Privacy Policy and Cookie Policy.
15. Severability of Provisions
15.1. Severability
- If any part of these Terms is held unlawful, void, or unenforceable, that portion is severable and does not affect the validity of the remaining Terms.
16. Termination
16.1. Effectiveness of Terms
- These Terms remain in effect until terminated by CFD Reserve.
16.2. Termination Consequences
- Upon termination, you are no longer authorized to use the Website. However, all restrictions, disclaimers, and limitations of liability outlined in these Terms survive termination.
16.3. Survival of Rights
- Termination does not affect any legal rights accrued to CFD Reserve before the termination date.
16.4. Website Removal
- CFD Reserve may remove the Website or any part of it without notice.
PART II: CFDReserve Terms and Conditions for Indices, Forex, and Shares Trading
- General Terms
1.1. Scope: CFDReserve provides access to financial markets for trading indices, forex, and shares via Contracts for Difference (CFDs).
1.2. Market Regulations: All trades adhere to platform guidelines and international trading laws.
1.3. Trading Hours & Leverage: Specific trading hours, margin requirements, and leverage options depend on the market you’re trading in. - Account Management
2.1. Active Account: You must have an active CFDReserve Managed Investment Plan account.
2.2. Account Classification: Different tiers or classifications determine access to leverage, features, and trading tools. - Trading Rules for Indices, Forex, and Shares
3.1. Indices Trading: You can trade major global indices. Price movements are tied to market performance, and margin calls/risk management policies apply.
3.2. Forex Trading: Forex pairs are offered with competitive spreads and real-time execution. Ensure your account balance remains adequate, given forex market volatility.
3.3. Shares Trading: You can trade shares of major global companies. Dividends or adjustments are reflected based on the underlying share’s performance. - Risk Disclosure
4.1. Financial Risk: Trading indices, forex, and shares involves substantial risk. Losses may exceed your deposits.
4.2. Risk Management: You acknowledge these risks and agree to follow the platform’s risk management policies. - Separate Rules for Crypto Trading
5.1. Distinct Terms: Cryptocurrency trading has its own set of terms due to market volatility and regulatory differences.
5.2. Additional Reference: Users interested in crypto should refer to the CFDReserve Crypto Trading Terms. - Compliance and Regulation
6.1. Regulatory Framework: CFDReserve complies with relevant financial trading regulations.
6.2. KYC/AML: You must comply with Know Your Customer (KYC) and Anti-Money Laundering (AML) protocols.
PART III: CFDReserve Terms and Conditions for the Managed Investment Plan: Forex and Shares Trading
- Introduction
- These Terms govern your participation in the Managed Investment Plan for Forex and shares offered by CFDReserve. By using this service, you confirm you have read and understood these Terms.
- Definitions and Scope
2.1. Managed Investment Plan: A program where CFDReserve’s experienced traders actively manage your investments.
2.2. Forex, Indices, Metals, and Shares Trading: Buying and selling of currencies, indices, metals, and shares in global markets, facilitated by CFDReserve’s platform. - Account Requirements
3.1. Registration & Verification: You must complete our registration and verification process to participate.
3.2. Tier Classification: CFDReserve may classify your account into tiers based on your initial capital and trading activity. - Trading Activities
4.1. Professional Strategies: CFDReserve employs professional strategies aimed at optimizing returns.
4.2. Market Risk: While we strive for strong performance, all trading involves risk, and past results do not guarantee future performance. - Fees and Costs
5.1. Management Fee: Any applicable management fee will be clearly outlined in your agreement.
5.2. Additional Costs: Spreads, commissions, or withdrawal fees may also apply. Refer to the official CFDReserve fee schedule for full details. - Withdrawal Policy
6.1. Requesting Withdrawals: You may request withdrawals through our client portal, subject to market liquidity and open trading positions.
6.2. Notice Period: A minimum notice period might be required to close active trades efficiently. - Regulatory Compliance
7.1. Regulated Entity: CFDReserve operates under relevant financial service regulations in applicable jurisdictions.
7.2. Local Law Compliance: You are responsible for complying with local laws related to Forex and shares trading. - Risk Disclosure
8.1. Market Risks: Trading Forex and shares can result in significant losses.
8.2. Limitations of Liability: CFDReserve is not liable for losses due to market volatility, technical disruptions, or other unforeseen events. - Dispute Resolution
9.1. Initial Support: Contact CFDReserve’s customer support first for any disputes or issues.
9.2. Arbitration: Unresolved matters may proceed to arbitration as per our dispute resolution policy.