These Terms and Conditions, as amended from time to time, are applied as of the 28th April 2014.
This Agreement determines the contractual relationship between the company Harborx Limited ("Harborx") and the client ("you").
Harborx is a company incorporated in the Republic of Cyprus under the registration number HE 315127, having its registered address at 84 Spyrou Kyprianou, Limassol 4004, Cyprus. Harborx is regulated under the Cypriot Securities and Exchange Committee ("CySEC"), as an investment firm under the MIFID Regulations. Further details regarding Harborx regulation and CySEC can be found at the following website: http://www.cysec.gov.cy/.
Harborx is an online financial instruments trading company that provides an online trading platform for the execution of transactions over the counter spot foreign exchange, forward foreign exchange, CFD commodities, CFD Futures, CFD Index markets ("financial products") and options trading.
These are the terms and conditions that apply to the use of this website and its services. The following articles explain the access method to the Harborx website and the use of its services ("Agreement"). If you have any objections to the terms and conditions stipulated hereto, do not use this website or its services in any way. Your access to and use of this website constitutes your acceptance to these Terms and Conditions and any other legal notices and statements contained on this website. Please feel free to contact our customer support team for any clarifications before you continue to use this website.
This Agreement explains the use of various conditions applied to the services available on the domain of www.harborx.com ("site" or "website").
Harborx may, at its 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.
Electronic Signature and Agreement(s): You acknowledge and agree that by clicking the "I agree" button or similar buttons or links as may be designated by our site to show your approval of any foregoing texts, the use of the Services as defined in this Agreement, you are entering into a legally binding contract. You hereby agree to the use of electronic communication in order to enter into contracts, place orders and other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through our site and platforms. Furthermore, you hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.
By using and accessing our website, you accept, without limitation, all of these Terms and Conditions.
This Agreement is made by and between our website and you.
This Agreement applies to both the site and trading platform, and to the electronic content and / or software currently contained on / or obtained through the website that provides the customers with real-time information on exchange rates of currencies, and the program transaction services on the forex/CFDs/other financial markets via internet, telephone or fax, and any other features, content or services that our website may be adding later (the "services").
Services are available and reserved only for individuals or businesses that can establish a legally binding contract under the laws applicable in their country of residence. If information is requested, you are agreeing to provide true, current and complete information about yourself during any registration process or otherwise. If you are an authorized representative of a company, you declare that you have the authority to bind the company to this contract.
Without limiting the under mentioned terms, our services are not available to people aged under 18 or who have not attained the legal age ("minors").
Please do not use this site if you are not qualified.
To avoid any doubt, Harborx disclaims any liability for unauthorized use by minors of our services in any manner or another. In addition, our services are available to you only if you represent, warrant, covenant, acknowledge, and agree that:
You have experience and sufficient knowledge in financial matters, able to evaluate the benefits and risks of acquiring financial contracts via this site. You are solely responsible for any decision and / or made by you based on the content of the site.
You are not a politically exposed person and you do not have any relationship (e.g. relative, associate etc.) with a person who holds or held during the last 12 months any public position. If the above statement is untrue or inaccurate with respect to you, please inform our customer support team and Harborx shall inform you if/how you may continue to use our services.
You shall be treated as a "Retail Client", unless Harborx classifies you as a "Professional Client" or an "Eligible Counterparty", depending on the information you provide when completing the registration process or thereafter. If you desire to be re-classified or receive further information, you can contact our customer service support.
You are of sound mind and you are capable of taking responsibility for your own actions.
You acknowledge that if you were referred to our site by anyone and or any other company, link, banner (this list is non-exhaustive), the referring party has not made any guarantee in writing or verbally as to the profitability of his transactions with your account at Harborx and that neither have you relied on any representations from the referring party as to the potential profitability on your account.
All the details that you submitted to the site or any details given to the site when opening an account and making a deposit are true, accurate, complete and match the name on the payment card and/or payment accounts in which you intend to deposit or receive monies from your account.
You verified that your use of the service does not violate any laws or regulations of any jurisdiction that applies to you.
From time to time you may be requested to provide us with certain documents to verify the details of the credit card used by you to deposit monies to your account. Subject to our satisfaction from the above document checks, you may or may not be permitted to deposit further monies by your recurring credit card or other means of payment.
Providing untrue, inaccurate, misleading or otherwise incomplete information is an immediate breach of the Terms and Conditions. As such, Harborx reserves the right to terminate your account promptly and prevent you from using our service.
These Terms and Conditions and other documents may be provided in various languages. By accepting these Terms and Conditions (in any language) you acknowledge and confirm that Harborx's official language is English, and in the event of any discrepancy or inconsistency, the English language shall exclusively prevail.
Harborx reserves the right to communicate with you via phone, fax, email, post, newsletters issued by our site and/or any other means of communication, personally addressed to you or generally addressed to all Harborx clients. Furthermore, reports, statements, notices, trade confirmations, and any other communications will be posted online in your account and/or may be transmitted to you as you may designate in a written or electronic communication with Harborx from time to time. You are responsible for alerting Harborx of any change in your email address. By accepting these Terms and Conditions you acknowledge and confirm that all such means of communications are deemed acceptable and any reports, statements, notices, trade confirmations and/or other information or notification so provided shall be deemed to have been received by you and/or any transaction so executed shall be deemed final and binding on your part, regardless if you actually accessed such communications.
You further acknowledge that should you grant trading authority or control over your account to a third party whether on a discretionary or non-discretionary basis, Harborx, and our affiliates or agents shall in no way be responsible for reviewing your choice of third party nor making any recommendations with respect thereto. You understand that Harborx makes no warranties or representations concerning such third party and Harborx and our affiliated or agents shall not be responsible for any loss to you occasioned by the actions of such third party and that Harborx does not, by implication or otherwise endorse or approve of the operating methods of the third party. If you give a third party authority to exercise any of its rights over your account(s), you understand that you do so at your own risk. Harborx reserves the right to reject the appointment of any third party/representative/power of attorney authorized to act in your account and may elect to dismiss and/or reject and transactions performed by such representative/power of attorney.
Without derogating from the above-mentioned provision, Harborx disclaims any responsibility for unauthorized real money transactions, unauthorized real money transactions by minors, auditing and/or checking your level of knowledge and/or experience, and any liability for damages and/or loss suffered as a direct result and/or indirectly from your use of the site. It is the same for any transaction and/or use of the services. Without limiting the above-mentioned provisions, our services are not available in areas where their use is illegal and Harborx reserves the right to refuse and/or cancel access to its services to anyone at its sole convenience.
Without limiting the foregoing, by using our services you acknowledge and understand that laws regarding financial instruments vary throughout the world, and it is your obligation alone to endure that you fully comply with any law, regulation or directive, relevant to your country of residence with regards to the use of our services. For avoidance of doubt, the ability to access our services does not necessarily mean that our services, and/or your activities through it, are legal under the laws, regulations or directives relevant to your country of residency. Our site does not constitute, and may not be used for the purposes of, an offer or solicitation to anyone in any jurisdiction in which such offer or solicitation is not authorized, or to any person to whom it is unlawful to make such an offer or solicitation. Access to our site, and the offering of financial instruments via this site, may be restricted in certain jurisdictions and, accordingly, users accessing our site are required to inform themselves of, and to observe, such restrictions.
When registering, you'll have to provide certain identifying information. If you do not provide the required information and documents, you shall not be serviced by Harborx. You are responsible for the security of your account's login and password. You are solely responsible for any damage caused by reason of any act or omission resulting in improper or illegal use of your account. Please take necessary actions required to keep this information away from public view and do not share it with others. If you misplace or lose any of the above data or you suspect that someone else has access to them, you should notify Harborx immediately in writing.
You agree to provide accurate information, accurate and complete information about yourself during the registration process and you also agree not to impersonate another person or entity, and not to hide your identity from Harborx for any reason whatsoever. If you register as a commercial entity, you declare that you have the required authority to bind that entity to this Agreement. Harborx is required by legislation to obtain, verify, and record information identifying each person who opens an account. Hence, when you open an account, Harborx asks that you provide certain documents to identify yourself and to verify the information you have submitted to us upon registration, such as identification card or a passport, a utility bill, a bank statement or any document proving their identity issues by a governmental body. Harborx reserve the right to refuse or reject a registration, at our own discretion or based on regulatory restrictions imposed on us.
In order to be able to enter into trading transactions you would need to open an active account. You should remain an active account for the whole duration of your cooperation with us. There are different types of accounts you can choose to have; you may upgrade your account or change accounts that better suit your needs.
Death of an Account Owner
Upon death of an account owner and if the legal heirs of such account owner would like to withdraw the remaining balance in the account, to the extent there is any, such legal heirs should present to Harborx the official legal documents from the applicable governmental authorities in the jurisdiction of the deceased to our satisfaction, and Harborx, in its sole discretion and upon checking such documents, shall make the decision whether to allow such withdrawal.
Segregated Accounts and Client Money
Harborx is a regulated financial services company, following transparent processes in all its endeavors and relations with you. All funds Harborx receives from you are treated as "client money" and are kept in separate client bank accounts (segregated accounts) in a reputable banking institution of our selection in the European Union or otherwise. The details of one of Harborx clients' bank account can be found below:
Account name: Harborx Limited - Client Account
Account no.: 033 004 360 052299 01 1
IBAN: CY77 0120 0003 3004 3600 5229 9011
Bank Name: Societe Generale Bank - Cyprus
Bank Address: 117, Ayias Fylaxeos Ave., 3087 Limassol, Cyprus
SWIFT Code: SOGECY2N
Harborx is obliged by legislation to perform regular reviews and monitoring of how these accounts are maintained and operated by such banking institution. Harborx will not be liable for the solvency, acts or omissions of any bank or third party holding client money. The clients' funds that will be held in segregated bank accounts may bear interest. In the event interest is accumulated on such funds, it shall not be deemed as part of the clients' funds. In the event that there has been no movement on your account balance for a period of at least five years (excluding any payments or receipt of charges, interest or similar items), and Harborx is unable to trace you despite having taken reasonable steps to do so, you agree that Harborx may cease to treat your money as client money, and further that ownership of such money will be irrevocably transferred from you to Harborx.
As a CySEC regulated Investment Firm, Harborx participates in the "Investor Compensation Fund for Clients of Cypriot Investment Firms (hereinafter called the "Fund"). Depending on the client's status and the circumstances of the client's claim against Harborx, clients may be entitled to compensation from the Fund if Harborx cannot meet its obligations to the client; in such a case the client may receive compensation for any successful claim subject to a maximum compensation of Euro 20,000. For further information regarding the Fund, please refer to the offices of the Administrative Committee of the Fund, at the following website: www.cysec.gov.cy and or our Investor Compensation Fund statement in the Legal Documents page.
Without limiting the under mentioned provisions, you understand that laws regarding financial contracts vary throughout the world, and it is your responsibility to make sure you properly comply with any law, regulation or guideline in your country of residence regarding the use of the site. To avoid any doubt, the ability to access our site does not necessarily mean that our services and/or your activities through the site are legal under the laws, regulations or directives relevant to your country of residence.
You hereby declare that the money in your account with Harborx does not come from drug trafficking, kidnapping, other illegal or criminal activity.
Important note- Harborx does not provide services to residents and/or citizens of the USA.
If you are travelling to any of these countries, you acknowledge that our services may be unavailable and/or blocked in such countries.
Harborx reserves the right to impose additional requirements or pre-conditions to accept customers residing in or from specific countries in its sole and exclusive discretion.
Harborx grants you a limited non-exclusive, non-transferable license to access and use the site (the "license"). The license is subject to your compliance with the terms of this Agreement. You agree not to resell or make available the site to any other person, and will not copy any documents contained on the site for resale or for any other purpose without the prior written consent of Harborx. You shall not attempt to access or use the site for any purpose that is not expressly authorized by this contract.
To avoid any doubt, you will be liable and bound by any unauthorized use of the site, in violation of this section. You agree to use all the information received from the information systems Harborx for the sole purpose of performing transactions in the only limits of the site.
You also agree not to use electronic communication feature of the site for any illegal, abusive, intrusive, obscene, threatening or hateful purpose, as well as harassment and vilification in the privacy of others. The license granted hereunder shall terminate if Harborx considers that any information provided by you, including your e-mail is no longer current or accurate, or if you fail to comply with any terms or conditions of this Agreement and all rules and guidelines for each service. It will be the same if Harborx determines that you committed a crime on the Harborx trading platform (including without limitation the conclusion of a transaction outside the market rates).
If such a violation occurs, you agree to cease accessing the services. You agree that Harborx, in its sole discretion and with or without notice, may terminate your access to all or part of the Services, close any open transaction and remove and discard any information or content within our service.
You shall pay Harborx all charges and other costs as set out on our App and in the present Terms and Conditions. Harborx will display all current charges and other costs on our App. Harborx reserves the right to charge commission in the future without the prior consent of the client.
Harborx may vary commissions, charges, and other costs from time to time and where required shall provide you with notice in accordance with the CYSEC Rules. All changes in commissions, charges, and other costs are displayed on the site.
Subject to complying with the CYSEC Rules and any other applicable regulation of any regulatory authority or investment exchange or other exchange, Harborx will not be under any obligation to disclose to, or account to you for any profit, benefit, commission or other remuneration made or received by Harborx by reason of any transaction or investment.
You acknowledge and agree that Harborx may, where applicable, make payments to third parties that help initiate, conclude or maintain a business relationship between Harborx (or Harborx's affiliates) and its clients. These payments may include rebates, commission, widened spreads, and profit sharing.
You acknowledge that all amounts due to Harborx shall be deducted from your account balance.
You agree to use the site at your own risk. Harborx is required by law to inform you that trading forex is risky.
Without limiting the under mentioned provisions, the services provided on this site are intended only to customers who are able to withstand the loss of any money they invest and who understand the risks and have experience in taking risks in financial markets. There are various factors, such as the international currency prices volatility, which is very difficult to predict. Due to such volatility, in addition to the spread that our site adds to all calculations and quotes, no financial contract purchased or other service offered to our site (whether or not the payout exceeds the premium amount) may be considered as a safe trade. The possibility exists that you could endure a loss of some or all of your initial investment and hence you should not invest money that you cannot afford to lose. You should be aware of all the risks related to financial instruments trading, and solicit advice from an independent financial advisor in case of doubts.
By using Harborx services, you agree to be fully, independently and personally liable for each transaction and/or credit card transaction made on the Harborx system through your account. As such, you must make sure that you are the only person with access to your account at all times. You must make sure that no minors have access to your account. If you do not settle a transaction performed through your account you shall be liable to Harborx and must indemnify Harborx in the amount necessary to cover the entire cost, whether indirect or direct, of the transaction. In the unlikely event that a contract is entered to acquire or sell currency at a price that does not reflect the market price (such as an event where a technical error such as a bug or defect has caused a malfunction that has affected the price of the transaction), Harborx reserves its right to terminate and cancel any such transaction. Harborx will notify you of our decision to cancel the transaction and explain our reasons to you. On the other hand, you are required to inform Harborx of any such malfunction should you experience such a malfunction whilst trading on our system.
You understand that financial regulations, financial codes, financial ethics and contractual requirements vary worldwide. As such, you understand that ultimately it is your responsibility to make sure that you comply with any and all local regulations, directives, restrictions and laws in your local place of residence before using our services. Harborx strictly states that Harborx does not permit the use of Harborx services by users from jurisdiction in which the use of our services is not permitted. These Terms and Conditions are not offering or soliciting the use of our services to any one located in a jurisdiction in which the specific use is not authorized or otherwise permitted by local laws. Please note that Harborx shall apply its own spread to all transactions and trades made by using its services which can increase the cost of the transactions and trades accordingly. By using Harborx services, you declare that all the funds that you use and invest in Harborx services do not originate in any way or form from drug trafficking, abduction, terrorist activities or any other criminal activity that is unlawful or could be considered unlawful by any authority. In the event that Harborx becomes suspicious that you may be engaging in or have engaged in fraudulent, unlawful or improper activity, including, without limitation, money laundering activities, or conduct otherwise in violation of these Terms and Conditions, your access to the services may be terminated immediately and/or your account blocked. If your account is terminated or blocked in such circumstances, Harborx is under no obligation to refund any funds that may be in your account, unless otherwise instructed by a relevant regulatory authority. In addition to terminating your access to the service and/or blocking your account, Harborx reserves the right to prevent you from accessing any other services offered by Harborx.
Harborx shall be entitled to inform the relevant authorities, other online service providers and banks, credit card companies, electronic payment providers or other financial institutions of your identity and of any suspected unlawful, fraudulent or improper activity and you will cooperate fully with Harborx to investigate any such activity.
It is important that you be fully aware of the following points:
If you are trading over an alternative trading platform over third party's trading accounts, such trading activities shall be subject to the commissions and fees available to our clients over such platforms and to the terms and conditions applicable to such trading accounts in addition to any and all the terms set forth in these Terms and Conditions. Harborx and its affiliates shall not be liable for any damage and/or loss resulting from and does not guarantee the execution of any order, the placing of stops, regardless of the entry or closing designation and/or that the trade will be filled at the order price and/or that the trading via such third party trading platform shall be error free, without delays.
Harborx reserves the right to close part, or all, of customers' open positions, in order to facilitate the charge of any fees or amounts due by you. Notwithstanding, you shall be liable for promptly paying such fee(s) to Harborx even if you have full losses of all margins deposited by thin.
Harborx does not guarantee any order. Placing stops, regardless of the entry or closing designation, does not guarantee that the trade will be filled at the order price. All entry stops and stops will be filled, upon activation, at the first/best available market price that may or may not match the requested order price.
In the event liquidity providers are unable to provide liquidity to Harborx your order may experience delays in execution or you may not be able to place orders entirely. The size of the order may also impede the speed at which the order is executed. Keep in mind that it is only necessary to enter any order once. Multiple entries for the same order may inadvertently open unwanted positions.
While trading on Harborx electronic trading system, you might encounter system errors that are resulted from hardware and/or software failures. The result of any system failure may be that your order is either not executed according to your instructions, executing with account balance errors and discrepancies or not executed at all. Harborx will not be liable for the resulting errors in account balances. Harborx reserves the right to make the necessary corrections or adjustments on the account involved.
High leverage allows trading in CFDs transactions with respect to foreign currencies, securities, commodities and indices with relatively modest margins or guarantees in relation to the scope of the contract. The result of the above is that even a slight fluctuation of the market could mean substantial gains when these fluctuations are in your favor, but that could also mean considerable losses if the fluctuations are to your detriment.
No system exists that could assure you that CFD transactions with respect to foreign currencies, commodities, securities, and indices should bring you great benefits, nor is it possible to guarantee, that your transactions will yield favorable results.
Even though the foreign currencies, commodities, securities, and indices markets are liquid as compared with other financial and exchange markets, the market conditions might at times render the execution of an order or of a limit on an order (either stop loss or take profit) at a stipulated price impossible.
Accordingly, even though the extent of the losses could be subjected to an agreed upon limit, the risk of incurring losses could be higher, and that loss could occur in a relatively short period of time.
Since deposit of an additional guarantee is not obligatory in this case, Harborx reserves the right to close the outstanding balances without your consent.
Under abnormal market conditions, CFDs may fluctuate rapidly to reflect unforeseeable events that cannot be controlled either by Harborx or by you.
It is important to make a distinction between indicative prices which are displayed on charts and dealable prices which are displayed on the Harborx trading platform. Indicative quotes only give an indication of where the market is. Because the forex and derivatives products markets are decentralized, meaning it lacks a single central exchange where all transactions are conducted, each market maker may quote slightly different prices. Therefore, any prices displayed on any chart made available by Harborx or by a third party will only reflect "indicative" prices and not necessarily actual "dealing" prices where trades can be executed.
The risk information presented here does not reflect all of the risks as well as other important aspects intrinsic to CFD transactions with respect to foreign currencies, commodities, securities, and indices. Therefore, before starting to trade, you should learn the specifics of trading on such transactions in detail or seek further advice.
Unless you have elected not to carry a trade over the weekend, all trades will automatically remain open when market closes at the end of the business week and your account will be charged with the over the weekend fee applicable to the relevant instrument. All statements with respect to real money accounts will remain open during the weekend and all traders are welcome to view their trading account info. Harborx reserves the right not to offset contracts carried over the weekend shortly after markets are open. Harborx will allow offsetting contracts carried over the weekend when market liquidity conditions are reasonable.
There are a series of inherent risks with the use of the mobile trading technology such as the duplication of order instructions, latency in the prices provided, and other issues that are a result of mobile connectivity. Prices displayed on the mobile platform are solely an indication of the executable rates and may not reflect the actual executed price of the order. Our mobile feature utilizes public communication network circuits for the transmission of messages. Harborx shall not be liable for any and all circumstances in which you experience a delay in price quotation or an inability to trade caused by network circuit transmission problems or any other problems outside its direct control, which include but are not limited to the strength of the mobile signal, cellular latency, or any other issues that may arise between you and any internet service provider, phone service provider, or any other service provider. Please further note that some of the features available on the trading platform or Harborx social trading features may not be available on the mobile feature.
Additional Risks and Disclosures Associated with Trading CFD's with respect to Securities:
Harborx conditions the ability to trade contracts for different securities to those who can actually bear the loss of any money invested and who properly understand the associated risks that are inherent to such financial instruments. This notice cannot disclose all of the risks and other significant aspects of contracts for differences with respect to securities. In that respect Harborx notes the following:
When effecting a transaction in a Securities CFD, you shall not have any title or ownership (beneficial or otherwise) in the underlying security. As such, you shall not be entitled to any voting rights, rights to receive notifications, dividend rights and/or other rights associated with ownership of a security.
Harborx acts as a counterparty in such transactions conducted on the trading platform and, therefore, act as the buyer when you offer to sell an instrument and the seller when you offer to buy such an instrument.
When effecting such transactions, Harborx may or may not acquire the underlying security, or derivative with respect to such underlying security for its own account to cover said transactions. Should Harborx elect to acquire such security, or derivative for its own account, it may or may not exercise or refrain from exercising its rights as a security holder (directly or through one or more intermediaries) without notifying you and without taking your interests into account.
Takeovers and transformations (including events such as share consolidations/splits, mergers, takeovers, spinoffs, MBO's, de-listings, etc.). Depending on the circumstances of each event, Harborx will make its best efforts to adjust your account in respect of a takeovers and transformations (including events such as share consolidations/splits, acquisitions, mergers, takeovers, spinoffs, MBO's, de-listings, etc.) attributable to any specific security underlying a CFD held by you, which adjustment shall be calculated by us, net of any taxes which may apply with respect thereto. In doing so Harborx will make its best efforts to effect such adjustment on the basis of good faith and fairness and, where appropriate, by taking such action as is consistent with market practice and/or taking into account the treatment Harborx may receive from counterparties or any relevant third party. However, Harborx reserves the rights to close out any open positions at the market price immediately prior to the event taking place. As a result of such event, if the security underlying becomes subject to an adjustment as the result of a takeover or transformation action, Harborx may determine the appropriate adjustment to be made to the CFD price or contract quantity as Harborx considers appropriate to account for said event. Such adjustment shall represent the economic equivalent of the rights and obligations of us and you, immediately prior to the action.
Insolvency. If an issuer of a security which is the underlying asset of a securities CFD goes into insolvency or is otherwise dissolved, Harborx shall close any such of your open transactions in the relevant CFD. The closing date shall be the date of insolvency.
Risks associated with Social and Mirror Trading
Harborx provides you with the ability to interact, follow, and copy other traders by using information and/or mirror and social trading features provided and/or made available on our site and/or trading platforms. Such mirror trading features include but are not limited to, "mirror trading", "copy trading", "signal publishing", "signal provision", "signal copying", "signal following", "automated trading", "watchlist", "trading profile", "importing historical performance", "referral", "refer a friend", "reporting", (hereinafter referred to as "social trading features"). However social trading features are associated with various risks and you are urged to carefully read and consider the following risks before utilizing either of our social trading features:
Social trading features are provided by Harborx solely for informational purposes. Harborx and its affiliates and their employees and agents are not investment or financial advisers.
If you make investment decisions in reliance on information which is available on our site or as a result of the use of the social trading features, you do so at your own risk and Harborx and its affiliates, their employees and its agents will not be liable for any losses that you may sustain. You should not make any investment decision without first conducting your own research. You are solely and exclusively responsible for determining whether any investment, or strategy, or any other product or service is appropriate or suitable for you based on your investment objectives and personal and financial situation.
A copied trader's position (with respect to any of our financial instruments) shall be copied using the lower of either the minimum position amount or with the same proportional amounts and with the same leverage, to the maximum extent possible. All such positions shall be closed automatically if and when closed by the copied trader and/or if the copied trader's positions were automatically closed by Harborx, for whatsoever reason, without providing any further notice and without any action on your part. You should be able to and be prepared to bear the loss of the entire investment you made in the copied trader's position. You are fully responsible for any losses you may sustain as a result of the site's automatic execution of instructions generated as a result of the utilization of any of the social trading features.
If you place additional trades in your account and you modify or cancel an order generated by a social trading feature you may achieve a materially different result than the user that you copied. Changing a copied position shall cause its disconnection from the original position. Such disconnected positions shall not be automatically closed or changed when the original position is changed or closed.
Any past performance of our users indicated on our site is not indicative of future results and should be considered as hypothetical, as fully described below. It is important to understand that past performance is not a guarantee of future performance. When reviewing and viewing such trader's/ user's content, you should not assume that the user is unbiased, independent or qualified to provide financial information or advice.
Hypothetical performance results have many inherent limitations. No representation or guarantee is being made that any account will or is likely to achieve profits or losses similar to those shown and may not take into account fees, spreads and/or trading commissions that may be charged. The actual percentage gains/losses experienced by investors will vary depending on many factors, including but not limited to: starting account balances (deposits and withdrawals), market behavior, the investors account settings and the performance of the copied user. Because of this, actual percentage gains/losses experienced by investors may be materially different than the percentage gains/losses, as presented on this site. In fact, there are frequently sharp differences between hypothetical performance results and the actual results subsequently achieved by any particular trading program, one of the limitations of hypothetical performance results is that they are generally prepared with the benefit of hindsight. In addition, hypothetical trading does not involve financial risk, and no hypothetical trading record can completely account for the impact of financial risk in actual trading for example, the ability to withstand losses or to adhere to a particular trading program in spite of trading losses are material points which can also adversely affect actual trading results. There are numerous other factors related to the markets in general or to the implementation of any specific trading program which cannot be fully accounted for in the preparation of hypothetical performance results and all of which can adversely affect actual trading results.
No aspect of the information and/or social trading features provided and/or made available on our site is intended to provide, or should be construed as providing, any investment, tax or other financial related advice of any kind. You should not consider any such content and/or any such feature to be a substitute for professional financial advice. If you choose to engage in transactions based on content on the site and/or elect to copy specific traders and/or trades, then such decision and transactions and any consequences flowing there from, are your sole responsibility. While individual participants may offer investment advice or opinions and/or effect a transaction which may be subsequently copied by other traders, such advice, opinions, or trades amount to nothing more than exchanges between persons who may be anonymous or unidentifiable or simply the execution of a trade by such traders. Harborx and its affiliates do not provide investment advice directly, indirectly, implicitly, or in any manner whatsoever by making such information and/or features available to you. You should use any information gathered from here and/or utilize the social trading features only as a starting point for your own independent research and investment decision making.
It is rare, however possible, 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 transaction, resulting in an inaccurate profit or inaccurate loss.
Such events may affect your transactions and our business. In this case, Harborx 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. Harborx may need to cancel any transaction(s) which were executed wrongly due to the "price misquote", for example from preset limit orders been triggered due to mispricing. Harborx will make best efforts to contact and inform you of such actions, by telephone or by email.
In the unlikely event that Harborx may need to suspend our services, on both our proprietary and third party platforms, Harborx will terminate their relationship with you and subsequently close all open positions at payouts in a fair and reasonable way at the time. Such payouts shall be determined by reference to the daily values published on the site that are related to the inter-bank trading data received on financial contract quotes. Further to the above, Harborx may impose in its discretion, trading volume and other restrictions on your accounts.
The personal data that Harborx collects from you is safely stored via physical, electronic means and procedural controls, in accordance with applicable legislation and it is treated confidential at all times. Your security and data protection is our ultimate goal. Harborx do not distribute, sell or transfer any data of our clients to any unauthorized, non-affiliated to it, third parties. Harborx may disclose data to third parties, always on a "need to know" basis, for the provision of specific services to Harborx and its customers.
EMIR-Reporting Obligations Art.9
Harborx is obliged by EU legislation (EU Regulation No 648/2012 - "EMIR", Art.9) to report to ESMA, directly or via a recognized/registered third party ("trade depository"), details related to derivative contracts entered on or after 16.12.2012 or entered before that date, but are still outstanding. These details include the main characteristics of a derivative contract, such as the type of contract, the value of the contract, the price, the settlement date and the parties involved, the maturity of the contract; any amendments to it or its termination. The details of any derivative contract shall be reported no later than the working day following the conclusion, modification or termination of that contract. By trading with Harborx, you consent to the transfer of the above information to ESMA. You also acknowledge that Harborx shall not be held liable for the disclosure of the above data.
Through one or more of its services, Harborx can make available to you via the trading platform or over the telephone a wide range of financial information that is generated internally from agents, suppliers or partners ("third party providers").
This includes, but is not limited to financial market data, quotes and news, analyst opinions and research reports, graphs and data ("financial information"). All quotes are indicative only, are current as at the time provided or displayed, and are provided for information purposes only and do not constitute an offer by Harborx to buy or sell any product or instrument at that price. All quotes are subject to volatility and market fluctuations. You acknowledge that quotes may be set by us in our absolute discretion.
Harborx may, in its absolute discretion, but is under no obligation to, execute your requests and instructions outside normal trading hours specified for that particular instrument.
While Harborx takes into account the underlying asset price, you acknowledge that Harborx are under no obligation to ensure that the quotes it provides are within any specific percentage of the underlying asset price. When the underlying market or exchange is closed, quotes provided by Harborx will reflect what Harborx believes to be the current bid and ask price of the relevant underlying asset price at that time.
The financial information provided on this site is not intentional investment advice. Harborx offers financial information only as a service. Harborx and its third party providers do not warrant the accuracy, timeliness, completeness or correct sequencing of the financial information, or results of your use of this financial information. The financial information may promptly become unreliable for various reasons, including, for instance, changes in market conditions or economic circumstances. Neither Harborx nor the third party providers are required to update the information or opinions included in the financial information, and Harborx can interrupt the flow of financial information at any time without notice.
Where applicable, Harborx will specify spread for each instrument on the relevant tab on our App. Harborx are entitled to change spreads without prior notice to you.
It is your responsibility to verify the reliability of the information on the site and its suitability for your needs. Harborx excludes all liability for any claim, damage or loss of any kind caused by information contained in the site or referenced by the site.
Harborx may offer a link to other websites that are provided or controlled by third parties. Such link to a site or sites is neither an endorsement or an approval nor a sponsorship or an affiliation to such site, its owners or its suppliers. Harborx recommends you make sure you understand the risks associated with the use of such sites before retrieving, using or purchasing via the internet.
Links to these sites are provided solely for your convenience and you agree not to hold Harborx responsible for any loss or damage due to the use or reliance on any content, products or services available on other sites.
You may be asked to register or subscribe before viewing the content of eternal links; it is upon your discretion to do so. Harborx does not hold itself liable for the material of those links, and/or any exposure your data may be subject to if you decide to disclose personal information.
Your use of each of those third party sites is subject to the conditions, if any, that each of those sites has posted. Harborx have no control over sites that are not ours, and Harborx are not responsible for any changes to or content on them.
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.
Harborx reserves the right in its sole discretion, to refuse or cancel services, and/or refuse to distribute profits to any person for legitimate reasons, including, without limitation:
If Harborx has reason to believe that a person's activities on the site may be illegal;
If Harborx may be harmed by any fiscal or pecuniary damage due to anyone's activities;
If Harborx consider that one or more operations on the site were made in violation of this Agreement.
In the unlikely event that Harborx may need to suspend its services, on both our proprietary and third party platforms, Harborx 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 trading data received on financial contract quotes. Further to the above, Harborx may impose in its discretion, trading volume and other restrictions on your accounts.
You may deposit funds into your trading account at any time. Deposits will only be accepted by a payment method (e.g. bank account, e-wallets etc.) in the same name as yours. Harborx reserves the right to impose deposit limits and deposit fees in its system. Wire Transfers: When depositing funds via bank transfer you must use your personal bank account, in a bank established in the country of your permanent residence. This is an absolute requirement imposed by anti-money laundering legislation. An authentic SWIFT or transfer confirmation, indicating the origin of the funds, must be sent from your bank to us. If such SWIFT or transfer confirmation is not sent, the deposit may not reach your trading account and it will be returned to your bank account. As already established, any withdrawal of funds, from your trading account, can only be refunded to the same bank account that the funds were originally received from.
Under no circumstances will third party or anonymous payments be accepted. Harborx reserves the right to impose deposit limits and deposit fees in its system.
Harborx has the right to refuse payment by cheque if any payment given has not cleared on the first presentation.
If you give an instruction to withdraw funds from your trading account, Harborx's finance department will supervise every withdrawal request submitted. Identification documents must be submitted for any withdrawal. If Harborx accepts any payments to be made by a debit card, credit card, or any other payment method that may charge processing fees, Harborx reserves the right to levy a transfer charge. When a withdrawal request is submitted, Harborx will process the request within one (1) business day, and if the request is submitted outside of business hours, the next business day. Once your application is processed and approved, you should expect to receive your funds within 5 to 10 working days, depending on the method used for the transfer of the withdrawal, except under extenuating circumstances from the transfer provider where Harborx cannot be held liable.
When a withdrawal is performed, Harborx reserves the right to remit the funds to the traders via any of the payment methods they used when initially funding their trading account. Withdrawals to bank accounts may take a longer period of time to be credited to your account.
Harborx reserves the right to impose withdrawal limits and withdrawal fees in its system.
If you make a payment, Harborx shall credit your trading account with the amount of such payment pursuant to our policy, if Harborx is satisfied that you are the sender of the funds. Credit in your trading account shall be depositing to.
Harborx reserves the right, without prior notice to the trader, to make any currency conversions which Harborx considers necessary or desirable for the purposes of complying with its obligations or exercising its right under these Terms and Conditions or any transaction. Any such conversion shall be effected by Harborx in such manner and at such rates as Harborx may in its own discretion determine, having regard to the prevailing rates for freely convertible currencies.
Withdrawals are paid through the original payment method that you used to deposit the money, subject to Harborx's services providers' rules and regulations. If Harborx is unable to send the funds or any partial amount thereof back to the original payment method, Harborx reserves the right to pay the amount through an alternative payment method indicated by you in USD (regardless of the currency in which the deposit was made). Harborx shall not be held responsible for any transfer fees or charges charged by the receiver and/or any currency exchange rates resulting from the payment of such and amount in USD. Please read the terms and conditions of the bank that you hold an account with regarding their charge policies in currency conversion.
All foreign currency exchange risk arising from any transactions or from the compliance by Harborx with its obligations or the exercise by Harborx of its rights under these Terms and Conditions will be borne by you.
If Harborx is not satisfied that you are the sender of the funds it reserves the right to reject the funds and return them to the remitter net of any transfer fees or other charges. You may be required to submit additional documents as required by anti-money laundering regulations and any other similar regulations applicable to Harborx.
All funds, securities, currencies, and other property of the customer which Harborx or its affiliates may at any time be carrying for you (either individually, jointly with others, or as a guarantor of the account of any other person), or which may at any time be in its possession or control or carried on its books for any purpose, including safekeeping, are to be held by Harborx as security and subject to a general lien and right of set-off for your liabilities to Harborx whether or not Harborx has made advances in connection with such securities, commodities, currencies or other property, and irrespective of the number of accounts you may have with Harborx. Harborx reserves the right in their discretion, at any time and from time to time, without notice to you, to apply and/or transfer any or all your funds or other property between any of your accounts. You hereby also grant Harborx the right to pledge, re-pledge, hypothecate, invest or loan, either separately or with the property of other customers, to itself as broker or to others, any securities or other property held for your benefit by Harborx as margin or security. Harborx shall at no time be required to deliver to you the identical property delivered to or purchase by Harborx for your account. Harborx is irrevocable appointed as attorney in-fact for you and is authorized, without notice to you, to execute and deliver any documents, give any notice and to take any action on your behalf, including the execution, delivery and filing of financing statements, that Harborx deems necessary or desirable to evidence or to protect its interest with respect to any collateral. In the event that the collateral deemed acceptable to Harborx is at any time insufficient to satisfy your indebtedness or other obligations to Harborx, including obligations to provide margin hereunder, you shall promptly pay upon demand the entire amount of such deficit.
You hereby confirm and acknowledge that any portion of your funds used as margin to secure your open position may be transferred by Harborx from your accounts and may be utilized by us to secure our contingent obligations. Such portion of the funds will be considered as debt due to Harborx and shall not be considered as "clients' funds". All such funds shall be returned and repaid into the clients' accounts upon the closing of the open positions. All funds not used by you as margin to secure your open positions may be withdrawn by you, subject to the remaining provisions of these Terms and Conditions, the availability of funds in your account and to any fees and commission you may owe Harborx.
Harborx may utilize another executing broker, including an affiliate or a non-affiliated third party, to execute your orders/or transactions. Such executing brokers shall have the benefit of all of our rights and remedies and limitations on liability under these Terms and Conditions. Harborx reserves the rights to decline any order or transaction, at any time, in its sole discretion. You shall be responsible for monitoring all your orders until Harborx confirms execution or cancellations of the order.
You acknowledge that it may not be possible to cancel or modify an order with respect to certain types of transactions, such as CFD's with respect to securities. Any attempt to cancel or modify an order is simply a request to cancel or modify and shall not be recognized by Harborx, unless specifically approved by Harborx. Harborx shall not be liable for any loss you may sustain in the event of a non- cancellation of said orders, regardless if the security price becomes highly volatile, the occurrence of a market event and/or upon an excessive movement in the underlying market or the like.
Orders for securities CFDs: orders to buy CFD's with respect to securities may be denominated only by requesting to acquire the relevant security in a specified dollar amount as available on our trading platform on the site. Orders to sell securities CFDs may be denominated only by requesting to sell either the entire number of units purchased in a single transaction or the entire number of units held at such time.
No short positions or leverages trading are available with respect to securities CFDs
Harborx does not guarantee the execution of such orders and/or the execution of such orders at a specified price or amount.
Harborx does not offer real-time trading in securities. Sell or buy orders shall be executed in one (or more intervals if elected by Harborx) in each trading day at a single bid and ask price (or several prices, as applicable) applied to all the outstanding orders executed in such intervals.
Harborx will make its best efforts to execute orders for securities CFDs in the following manner: (A) securities CFDs orders: (1) orders placed until 20:45GMT (on a day which is a trading day on the relevant exchange on which the underlying security is traded) shall be executed on the same United States trading day after the close of trading on such exchange; or (2) orders placed after 20:45GMT shall be executed on next United States trading day. These times refer only to stocks traded in a US market. When Harborx has European/Asian stocks the hours will be adjusted to reflect the trading hours of the applicable exchange. Execution times are subject to changes, due to public holidays and/or other trading days on which specific markets are closed.
The execution price reported to you on the relevant confirmation of the buy or sell order shall reflect the prices made available to Harborx from its liquidity providers at the time of execution to which Harborx's spreads and commissions shall be added or deducted, as the case may be. Such bid/ ask prices shall not necessarily reflect the closing price for the underlying security as quoted on the relevant exchange in which the security is traded and/or the prices presented in charts and/or other market information made available by Harborx. Harborx disclaims any liability with respect to any such discrepancies.
When entering into an order for securities CFD, you irrevocably and unconditionally agree to accept the security bid/ask prices in which the transaction shall be executed as shall be reflected on the trading platform as final and binding. Harborx prices may differ from the current prices on the relevant exchanges and you acknowledge that a transaction shall be effected even though the relevant security never traded at the level of your transaction.
Harborx may in accordance with its order execution policy, aggregate your orders with its own orders, orders of any of its associates and/or persons connected with Harborx including employees and other clients. Furthermore, Harborx may split your orders when executing them. You accept that aggregation and split of your order may result in you obtaining a less favorable price than if your orders had been executed separately.
Without derogating from the generality of the foregoing, Harborx further reserves the right NOT to execute buy or sell orders for securities CFDs in the following circumstances: (1) Your order violates exchange rules or securities or commodities laws, regulations or rules, or is intended to defraud or manipulate the market; (2) abnormal market conditions and/or a significant disruption in or premature close of trading in of the underlying security and/or the market on which the underlying security is traded; (3) force majeure, acts of God, war (declared or undeclared), terrorism, fire or action by an exchange, regulatory or governmental authority that disrupts trading in the relevant security; (4) in the event liquidity providers are unable to provide liquidity to Harborx.
You may choose to extend a day-trading position to the following day. Such extension will be subject to a renewal fee (rolling fee) at a rate and time, specified on the Site. Harborx will collect the renewal fee from the free balance in your account. If there are not sufficient funds in your free balance, Harborx may deduct such fee directly from your credit card (minimum charge being 3.00 USD, but this may vary). If you are using another method of payment, and Harborx are unable to collect the rolling fee, Harborx may close part or all, your open positions.
From time to time clients who open Live Accounts with Harborx, in cases where they have been referred to Harborx via a specified avenue that Harborx will define in the Terms and Conditions may be offered a bonus ("Trading Credit"), at Harborx's absolute discretion with Terms and Conditions that will be published.
19 A. REFERRAL CODES
Harborx may, in its sole discretion, create referral codes ("Promo Codes") that may be redeemed for discounts on future Services and/or a Third Party Provider's services, or other features or benefits related to the Services and/or a Third Party Provider's services, subject to any additional terms that Harborx establishes. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Harborx; (iii) may be disabled by Harborx at any time for any reason without liability to Harborx; (iv) may only be used pursuant to the specific terms that Harborx establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Harborx reserves the right to withhold or deduct credits or other features or benefits obtained through the use of the referral system or Promo Codes by you or any other user in the event that Harborx determines or believes that the use of the referral system or use or redemption of the Promo Code was in error, fraudulent, illegal, or otherwise in violation of Harborx' Terms.
19 B. LEADERBOARD SCHEME
All clients who open Live Accounts will be entered onto an overall Leaderboard where clients will be able to see who has made the highest profit as a percentage of their invested Capital, e.g.
Client 1 deposits USD 100, makes 1 trade and makes a profit of USD 10,
Client 2 deposits USD 5,000 makes 5 trades and makes a profit of USD 400
Client 1 would be higher on the Leaderboard as they have a higher profit to investment ratio, Client 1 = 10%, Client 2 = 8%.
On a weekly basis the Trading Credit of USD 100, USD 50 and USD 25 will be awarded to the top three (3) performing traders on the Leaderboard 1st, 2nd and 3rd respectively.
Please note that it may take up to 1 working day before the Trading Credit is added to the account of an Eligible Client.
"Leaderboard" Trading Credits cannot be separately transferred between different clients.
19 C. PROMOTIONAL CODES SCHEME
Subject to, and without prejudice to, all other conditions herein, from time to time, clients who open Live Accounts with Harborx, in cases where they have been classified as 'loyal' clients, may be offered a Trading Credit, at Harborx's absolute discretion and in line with the Terms and Conditions and any further conditions that may be published from time to time.
Harborx, at its discretion, offers the Trading Credit to any Client and / or any countries / regions as it deems appropriate and for as long as Harborx deems appropriate. Eligible clients, depending on client's classification, solely decided by Harborx, will be entitled to receive promotional codes which relate to Trading Credits as described below:
Deposit bonus - A one off, non-withdrawable trading credit based on an amount from your next deposit capped at USD 100, of which profits made from the credit have no restrictions.
Direct bonus - A one off, non-withdrawable trading credit capped at USD 100, of which profits made from the credit have no restrictions.
Double referral bonus - An additional non-withdrawable trading credit equivalent to the standard referral trading credit that is received per Client introduced to the Company, of which profits made from the credit have no restrictions.
All Trading Credits have an expiry time, of which all Clients that receive a Trading Credit, will be duly informed; if the Trading Credit is not used within this time period it will be removed.
All trading credits that Harborx offers cannot be withdrawn. Clients will only be able to withdraw the profits generated from the Trading Credit, subject to the withdrawal policies of the Company.
Harborx reserves the right, at its discretion:
Alter, amend or terminate / discontinue the Trading Credit Scheme or any aspect of it at any time.
Decline participation in either or both schemes
Disqualify any user who tampers or attempts to tamper with the operation of the Trading Credit Scheme, or breaches any Terms herein.
Harborx will not be held liable for any consequences of any Trading Credit cancellation or being declined.
Harborx Clients may opt out of the Trading Credit if they wish.
Please be aware that client accounts in which there have been no transactions, for a set period of 12 months, will be considered as being dormant accounts. Dormant accounts are charged with an annual maintenance fee of US$25 or the full amount of the free balance in the account if the free balance is less than US$25. There will be no charge if the free balance is zero. Accounts with a zero free balance will also be closed.
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 in. Harborx does not collect any taxes on your behalf. Also, Harborx does not provide you with any tax advice and Harborx does not deal with any tax related issues. Please address any tax related concerns to your tax advisor.
Harborx is committed to ensuring continuity of the services on the site. However, Harborx assumes no responsibility for any error, omission, deletion, interruption, delay, defect, in operation or transmission, communications line failure, theft or destruction or unauthorized access or alteration of the site or services. Harborx declines responsibility for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, hardware or software, or any technical failure because of technical problems or traffic congestion on the internet, the site or any service. Harborx cannot guarantee that the software and/or the system, that Harborx owns or manages, on behalf of a third party, is uninterrupted and error free or available at all times.
You will not transmit to or in any way, whether directly or indirectly, expose our site to any computer virus or other similarly harmful or malicious material or device.
To the extent permitted by applicable law, in no event shall Harborx be liable for any loss or damage arising from use of the site or services for any content posted on or through the site or services, or the conduct of all users of the site or services, whether online or offline.
In no events shall Harborx or any of its directors, officers, employees or agents be liable for any damages whatsoever to you, including, without limitation, indirect, incidental, consequential or punitive damages arising out of or related to the use of the site or the services, including without limitation the quality of the usefulness of information provided through or as part of the site or any investment decision making on the basis of the information, whether the damages were predictable or not and whether or not Harborx has been acquainted with the possibility of such damages.
In no event shall Harborx be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, system, products and services, except as stated in this agreement.
Limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction and in no event shall the Harborx cumulative liability to you exceed the amount of money you transferred or deposited in your account on the site in connection with the transaction giving rise to such liability.
Prohibited uses: It is prohibited to abuse this site for purposes of money laundering. Harborx employs best practice anti-money laundering. Harborx reserves the right to refuse and to terminate any business relationship, and to cancel any operation of customers who do not comply with the requirements of anti-money laundering:
Online traders should provide all information required for registration.
The earnings will be paid to the person who first registered for an account online.
When a customer maintains an account through wire transfers, the gains will be distributed to the sole owner of the originating bank account. When you make deposits in this way, it is the responsibility of the live trader to ensure that the trader's account number and the registered name of the account owner accompany every transfer to Harborx.
When a fund is made using a credit card or debit card, the winnings will be distributed solely to the person whose name appears on the card used to make the deposit and will not be reimbursed on the same card
Only one account is allowed per person. No gains can be levied on accounts opened under false names or multiple accounts opened by the same person.
Harborx may, from time to time at its sole discretion, require from a customer to provide additional proof of identity such as notarized copy of passport or other means of identity verification as deemed necessary circumstances and may, at its sole discretion, suspend an account until the required proof is provided.
Every content, trademark, service mark, trade name, logo, icon, system and platforms, processes, source code, websites, patents, designs, databases, trademarks, methodology, know how, trade secrets, business plans, promotional, and marketing material in any sort of form, are the property of Harborx or its affiliates or agents and are protected by law and international treaties and provisions relating to copyright and intellectual property laws. You agree not to remove copyright notices or other indications of protected intellectual property rights of any material you print or download from the site. You will not obtain intellectual property rights, or any right or license to use such material or the site, other than those set forth herein.
Images displayed on the site are properties of Harborx. You agree not to upload, post, distribute or reproduce any information, software or other material protected by copyright or other intellectual property right (including rights of publicity and privacy) without first obtaining permission from the copyright owner and the prior written consent of Harborx.
You agree to defend and indemnify our company and its officers, directors, employees, and agents and to hold them harmless from and against any and all claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of / or in any way connected with your access to / or use of the site or services; your violation of any of the terms in this Agreement; or your breach of any applicable laws or regulations.
Our indemnification to you or any third party concerned, in any proven circumstances, is limited to the amount of money you deposited in your account with us, relating to the transaction where such liability arose.
The term of the Agreement shall be unlimited however Harborx will be allowed to terminate this Agreement at any time by reasonable notice to you. Grounds immediate termination without notice for early termination on our behalf may include but are not limited to: material breach of any clause in this contract or/and any act of bad faith, such as an unauthorized activity; abusive acts or any acts that may put our goodwill and business in jeopardy; misleading, untrue statements, fraudulent or misrepresenting information; bankruptcy, insolvency, receivership of either party. Harborx also retain the right to suspend or terminate your account, due to regulatory restrictions imposed on us.
As of termination, you shall not be able to carry out new transactions. Harborx may close or cancel all open or closed positions and any funds of yours will be returned to you once Harborx have deducted any losses. Please be aware that you may also be subject to certain charges imposed to you by the financial institutions (e.g. banks) via which you chose to do business with us.
If you wish to close your account, you must notify us in writing.
Harborx will not be liable in any way to any persons in the event of force majeure, or for the act of any government or legal authority.
In the event that any provision in this Agreement is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
The failure of a party to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision.
Harborx may assign this Agreement or any rights and/or obligations hereunder without your consent. Harborx may amend the terms of this Agreement from time to time without prior notice by posting the amended terms on the site. You are responsible for checking whether the Agreement was amended. Any amendment shall come into force as of the day it was published on the site. If you do not agree to be bound by the changes to the terms and conditions of this Agreement, do not use or access our services, and inform us in writing immediately.
Technical Requirements to Use Harborx Services. You must provide and maintain adequate technical means on which you install Harborx software and/or access Harborx services. These technical means must include at least a personal computer/mobile device/tablet, internet access by any means and telephone or other access line. Access to the internet is an essential feature and you shall be solely responsible for any fees necessary in order to connect to the internet. Furthermore, as you are using your personal computer in order to access Harborx services you are strictly and solely liable for the integrity and proper storage of any data associated with Harborx services. By using Harborx services, you represent and warrant to Harborx that you have installed and implemented appropriate means of protection relating to the security and integrity of your computer and that you have taken appropriate action to protect your system from computer viruses or other similar harmful or inappropriate materials, devices, information or data. Harborx will not be liable to you in the event that your computer system fails, damages, destroys and/or formats your records and data.
Furthermore, if you incur delays and any other form of data integrity problems that are a result of your hardware configuration or mismanagement, Harborx shall not be liable. You further undertake to protect Harborx from any wrongful transmissions of computer virus or other similarly harmful or inappropriate material or device to our system from your personal computer.
Technical Problems and Difficulties. As a provider of technology, Harborx reminds you that in some circumstances the use of the internet can at times be unreliable and at times you may experience trouble connecting, although the use of the internet is now generally regarded as very reliable. Notwithstanding, and recognizing the above, you hereby undertake that Harborx will not be liable, and you will not hold or seek to hold Harborx or any of our officers, employees agents or service providers liable, for any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high internet traffic demand, security breaches and unauthorized access, and other similar computer problems and defects. Harborx does not represent, warrant, guarantee or claim that you will be able to access or use Harborx service at all times and from any location. Moreover, if you are traveling to any country in which Harborx services may not be available or are blocked, you may have limited or no access to Harborx services. Neither does Harborx represent, warrant, claim or guarantee that its services will be uninterrupted and error-free at all times. Furthermore, Harborx makes no warranties for merchantability or fitness for a particular purpose.
Disconnection Policy. If you are suddenly disconnected from Harborx Services whilst actively trading online, Harborx will keep your positions open until you can re-establish your connection or trading ceases.
Maintenance Shut Downs. Harborx maintains its continuing right to shut down our operations and close its services to its customers at any time. Harborx may do so at any given time, without notice. If Harborx does so, Harborx maintains the right to close all open transactions (regardless of any ongoing positions and profit margins) and to conclude the transactions at fair and market value quotes so that its customers will not have any ongoing claims from Harborx. Furthermore, at any given time, at its sole discretion, Harborx reserves the right to impose volume limits on customer accounts. Contract payouts shall be determined by Harborx by reference to the daily values reported on this website relevant to the interbank trading data received by Harborx for Forex or derivative products quotes, subject to the provision that Harborx shall have the right to make corrections to such data in the event of mispriced or typographically incorrect data.
Internet, connectivity delays, and price feed errors sometimes create a situation where the price(s) displayed on our Online Trading Platform do(es) not accurately reflect the market rates. The concept of using trading strategies aimed at exploiting errors in prices and/or concluding trades at off-market prices and/or by taking advantage of internet delays (commonly known as "arbitrage", "sniping" or "scalping" hereinafter, collectively, referred to as "Arbitrage"), cannot exist in an OTC market where the client is buying or selling directly from the principal; accordingly, Harborx reserves the right, at our sole discretion, NOT to permit the abusive exploitation of Arbitrage on our Online Trading Platform and/or in connection with our Services; any Transactions or Contracts that rely on price latency arbitrage opportunities may be revoked, at our sole discretion and without prior notice being required; furthermore, in those instances, we reserve the right, at our sole discretion and without prior notice
Any indication or suspicion, in the company's sole discretion, of any form of arbitrage (including but not limited to risk free profiting), abuse (including but not limited to participant's trading activity patterns that indicate that the participant solely aims to benefit financially without being genuinely interested in trading in the markets and/or taking market risk), internal hedging in coordination with other parties, abuse of Harborx 'no negative balance' policy, fraud, manipulation, cash-back arbitrage or any other forms of deceitful or fraudulent activity, will constitute all transactions carried and/or profits or losses garnered as invalid. In these circumstances, we reserve the right to suspend (either temporarily or permanently) the Client's trading Live Account and cancel/or all Transactions.
We have, and will continue to develop any tools necessary to identify fraudulent and/or unlawful access and use of our Online Trading Platform; any dispute arising from such fraudulent and/or or unlawful trading activity will be resolved by us in our sole and absolute discretion, in the manner we deem to be the fairest to all concerned; that decision shall be final and/or binding on all participants; no correspondence will be entered into.
No Negative Balance Policy: The Company will not be liable for any margin call or losses that the Client may suffer, including but not limited to losses due to Stop-out Level, if the trading credits is withdrawn for any reason pursuant to the applicable "Terms and Conditions". The Company ensures that losses will never exceed the total available funds in the Clients' trading account (negative balance protection)
In addition, the client accepts that the Company reserves the right to immediately terminate the client's access to the trading platform and recover any losses caused by the client, in the event that the Company determines, at its sole discretion, that the client voluntarily and/or involuntarily abuses the 'Negative Balance Protection' offered by the Company, by way of, but not limited to, hedging his/her exposure using his/her trading accounts, whether under the same profile or in connection with another client(s); and/or requesting a withdrawal of funds.
STAR TRADER PROGRAM: Harborx's proprietary software that is developed with intentions to act as a neutral platform which brings Harborx's users and community members together in an effort to exchange trading strategies, setups, ideas, discussions, positions, views and any other trading related topic, between the users of the Harborx Application; and where Harborx App users can follow/copy the publically displayed trades of STAR TRADERS, manually or automatically.
STAR TRADER: a selected member of the Harborx community whose profile is featured on the Harborx Application (App) under the STAR TRADER PROGRAM and whose trades activity, that fulfils certain pre-set criteria, are made publically available to the users of the Harborx App to follow/copy into their trading account in an automated, or sometimes requiring manual confirmation, manner.
The STAR TRADER PROGRAM features are associated with various risks and you are urged to carefully read and consider the following risks before utilizing our STAR TRADER PROGRAM services:
You can communicate for any reason, whether a complaint or not, with us by phone, email, or fax. Please note that our calls may be recorded so as to safeguard and protect your interests and for us to ensure the quality of our services. Harborx may, but are not obligated to, retain any communication with you.
Harborx supplies you with published tradable prices and information via the site and trading platforms. The site will supply these services to you in a 24-hour mode of operation. Harborx offers you certain financial products with published tradable prices. Harborx decides on the trading schedules of its published tradable prices which largely depend on each individual financial product trading characteristics and/or general market holidays.
It is within our intentions to resolve any matter of concern or dispute with our clients in an amicable manner. 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 Harborx still cannot reach an agreement with you, the issue will be resolved before the courts in the republic of Cyprus under the laws of the Republic of Cyprus, as governing law.
Please print a copy of these Terms and Conditions for your record.
This is the end user license agreement that applies to the use of Harborx Limited ("Harborx") and its affiliates' websites and trading platforms (the "Agreement"). If you have objections to the terms and conditions stipulated hereto, do not use Harborx websites and trading platforms in any way. Downloading, installing and your access to and use of this website and trading platforms constitutes your acceptance of these Terms and Conditions and any other legal notices and statements contained on this website. Your use of the website is governed by the version of this Agreement in effect on the date each website is accessed by you. Please feel free to contact our customer support team for any clarifications before you continue to use these websites and platforms.
Electronic signatures and Agreement(s): You acknowledge and agree that by clicking on the accept button or similar buttons or links as may be designated by Harborx to show your approval of any foregoing texts, the use of the services (as defined below), you are entering into a legally binding contract. You hereby agree to the use of electronic communication in order to enter into contracts, place orders and other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through Harborx websites and platforms. Furthermore, you hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.
This Agreement applies to any of Harborx's: (i) Web pages, (ii) Services, (iii) Content, (iv) Databases and (v) information together with the software (collectively referred to as the "services" and any software component therein, the "software") provided by Harborx. The content and information included in these services are provided by Harborx. Carefully read all the terms and conditions of this Agreement prior to the use of Harborx websites and/or platforms and/or download and/or the installation of Harborx software. If you ("you" or the "user") do not agree to these terms and conditions, you may not install this software and/or use Harborx services, please do not commence the installation process and destroy any file relating to the software in your possessions. This agreement may be updated by Harborx from time to time, without prior notice to user. The use of the services may be subjected to additional terms and conditions, which will be published by Harborx from time to time.
In order to use the services you shall receive specific account user information. It is your responsibility to keep your account user information secret and you are responsible for all actions made using your account user information. You agree: (a) to immediately notify Harborx of any unauthorized use of your account User information or of any other violation of security and (b) at the end of each use, to log out from your account in an orderly way.
Harborx hereby grants to you a non-exclusive and non-transferable license to use its services. The services are only intended for personal use. This does not include the use of a computer network. Harborx may terminate this license, cancel the user's password and/or the user's account (or part of it) if you fail to comply with the Terms and Conditions set forth above.
You may not: (i) modify, translate, reverse engineer, decompile, disassemble or create derivative works based on the services and/or the software; and/or (ii) loan, rent, lease, give, sub-license or otherwise transfer the services and/or the software (or any copy thereof) in whole or in part, to any other party; copy, alter, translate, decompile or reverse engineer the software, including but not limited to, modify the software in any way; (iii) remove, alter or cause not to be displayed, any trademarks, copyright notices or start-up messages contained in the programs and/or documentation.
Non-public information includes your full name, address, date of birth, identification number, passports, identity card, driver's license, social security number and/or other identification number and your payment means such as your credit card, e-wallet, bank account details etc. ("personally identifiable information"). By acceptance of these Terms and Conditions, You agree and acknowledge that the following information and content shall be considered non- confidential and non-proprietary information (collectively, the "content"): your username, your picture/avatar (if provided), your state of residency, gender, networks, list of users who follow you, users who copies you etc., list of users you follow or copy, and any network status/posts/ blogs and any other content options that enable our users to interact amongst themselves, including without limitation the content and information you post on Harborx site, comments, feedback, postings, blogs and/or all Information that you provide to Harborx via the website and/or by email, fax or telephone and in addition if you have elected to use one of our social networks applications (such as Facebook, Tweeter, etc.), Harborx application will access your social network account general information which includes your name and username in such social network, profile picture, gender, networks, user ID, list of friends, and any other information you have shared with "everyone" on such social network. Additional information may be collected in specific social networks campaigns as shall be specified in the terms and conditions applicable to such campaign. All portfolio and trading information performance results shall be considered non-confidential and non-proprietary information and as Harborx's property. By providing such content, You specifically grant Harborx a non-exclusive, irrevocable, transferable, sub-licensable, royalty-free, worldwide license to use, copy, duplicate store, present and/or publish all or any part of your content, and Harborx shall be free to use such content in any manner or media whatsoever, on an unrestricted basis and without any attribution or royalties or other compensation to you, including without limitation, within or outside Harborx website, advertisements, in printed media, newspapers, In addition, all portfolio and trading information performance results shall be considered as non-confidential and non-proprietary information and as Harborx property. By providing such content, You specifically grant Harborx a non-exclusive, irrevocable, transferable, sub-licensable, royalty-free, worldwide license to use, copy, duplicate store, present and/or publish all or any part of your content, and Harborx shall be free to use such content in any manner or media whatsoever, on an unrestricted basis and without any attribution or royalties or other compensation to you.
Harborx collects information from you when you (a) open an account and provide Harborx with Information through electronic registration forms (including any social network profile that you have connected to your account); (b) make a transaction with Harborx including when you deposit and withdraw funds; or (c) you use Harborx Services, software and/or applications; additionally, from time to time, Harborx may collect information about you from third party entities such as information about your credit history agencies. The information collected directly from you is information required to communicate with you such as your personally identifiable information. Harborx may also need to evaluate your trading experience, average annual income, estimated net worth and make an assessment about your risk factor.
Use of Information:
Harborx uses personal information only as appropriate to provide you quality service and security. For example, to verify your identity for regulatory purposes, to establish your trading account, issue an account number, issue a password, log your activity and contact you from time to time. The Information helps Harborx improve its services to you, customize your browsing experience and inform you about additional products, services or promotions that may be of interest to you. Should you ever deactivate your account with Harborx, Harborx will keep your information on file, but only use it to comply with regulatory requirements and to contact you occasionally with the option to reactivate your account. Please note that you may opt out of Information sharing policies at any time by notifying Harborx of your desire to do so as explained below;
Harborx does not disclose or share personally identifiable information about any of its users to any nonaffiliated third parties other than in the manners below:
To any of Harborx affiliates and/or subsidiaries;
To service providers for the purpose of opening, operating and servicing your account. Such service providers may include attorneys, accountants, auditors, financial and other professionals, whether within or outside the European economic area. Such personally identifiable information may also be used for marketing purposes, or to conduct market research for Harborx that may use the personal data to bring to your attention products and services that may be of interest to you and also to assist in the efficient provision of the services.
Harborx integrates community and social characteristics into trading. As part of this social trading network and experience, traders who choose to be part of the community share their trading activities, performance, history, status, strategies, comments, posts, other traders they follow and that follow them within the community. The personally identifiable information of the traders and the amount traded is never disclosed and all traders are required to agree to be part of the network and share their strategies and performance. You can always opt-in and opt-out of this social trading community at your discretion and very easily.
Harborx protects your personally identifiable information by using data security technology and using tools such as firewalls and data encryption. Harborx also requires that you use a personal username and password every time you access your account online. Harborx restricts access to personally identifiable information to officers and/or employees who need to know the information.
In the event that you believe the information Harborx provides are inaccurate, please inform Harborx immediately in order for these inaccuracies (if any) to be corrected.
You shall not use our services for any unlawful or unauthorized purpose. The use and interpretation of the services requires skill and judgment, and you shall at all times exercise your own judgment in the use of the services.
You agree not to use to the Services in order to:
Disturb or damage the Services or the servers or the networks connected to the services. The user must not ignore conditions, policies and/or regulations of networks which are connected to the services.
Violate deliberately or not deliberately any local, state, national or international law which applies to our software.
By using the services you acknowledge that you are well informed that Harborx does not perform any prior filtering of the content and/or financial information made available through the services by third parties. Notwithstanding the aforementioned, Harborx and/or its agents, shall have the right to remove any content which violates this license conditions or which arises opposition in any other way.
You agree that it is up to you to evaluate the risks involved with the use of the service, including the reliance upon the accuracy, perfection and/or benefit of the content made available by the service. And you agree that the risks with such use shall be on you.
Communications within the social trading network/community; links to third party websites, newsletters etc.:
You acknowledge that you are responsible for any content, information and material that you submit or transmit through any of Harborx websites, applications and/or any network status/ posts/blogs and any other communications and/or content options available by Harborx, including your responsibility as to the legality, reliability, appropriateness, originality and copyright of any such information or material. Additionally, You represent and warrant that: (i) You own all right title and interest in any content provided by you, and (ii) the posting of your content by Harborx (in any manner or media whatsoever, on an unrestricted basis) does not (and will not) violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any individual or make derogatory remarks regarding, defame or otherwise criticize any person or entity. You shall be solely liable for any damage resulting from any infringement or other violation of the copyrights, trademarks or other proprietary rights of any individual or entity, and for any other harm or losses resulting from any content.
In Harborx efforts to promote collegial, non-misleading and non-defamatory communications between the members of the social trading community, you are strictly prohibited from:
Making statements about your eligibility to provide investment advice, portfolio management and/or any other services and/or activity which may require a license, registration and/or notification in your state of residency and/or in the residency states of Harborx users;
Making statements that Harborx and its affiliates endorse, maintain any control and/or guarantee the accuracy and/or completeness of the content published, posted or shared by you with other users;
Making statements that are abusive, defamatory, harassing, and/or insulting statements to other users or otherwise;
Making statements that advertise or promote any other online entities and/or any other services;
Making statements that contain sexually explicit content and/or any grossly offensive, including expressions of bigotry, racism, hatred or profanity or that is hateful, threatening or pornographic; incites violence or that contain nudity or graphic or gratuitous violence;
Sending or otherwise posting unauthorized commercial communications (such as spam) on Harborx websites, applications and/or utilizing our services;
Collecting users' content or information, or otherwise accessing Harborx websites and/or services, using automated means (such as harvesting bots, robots, spiders, or scrapers);
Engaging in unlawful multi-level marketing, such as a pyramid scheme, on Harborx websites and/ or using Harborx services;
Uploading viruses or other malicious code;
Soliciting personal information and/or login information or access an account belonging to someone else;
Using Harborx websites and/or services to do anything unlawful, misleading, malicious, or discriminatory;
Doing anything that could disable, overburden, or impair the proper working of Harborx, such as a denial of service attack and/or facilitate or encourage any violations of these Terms and Conditions. All unsubstantiated performance claims may be removed from any of Harborx websites. If you violate the above Harborx shall have the right to terminate your account and registration on Harborx Services. If your account and registration are terminated due to the above misuse Harborx will refund any funds which may be in your account.
Leading traders may be subject to additional rules of conduct and restrictions relating to their content or trading activity which may be imposed by Harborx from time to time either generally or as a part of specified promotions. If you have been qualified as a "trade leader" and/or "signal publisher" and/or "popular investor" and/or "leading trader" please contact your account manager to receive further information with respect to any such restrictions which may be applicable to you.
Harborx does not undertake to review and monitor all the content and does not in any manner endorse, support, sanction, encourage, verify or agree with any such content. Harborx reserves the right to review, monitor, revise and/or remove any such content in any way Harborx sees fit in its sole discretion. You acknowledge that Harborx may report to government authorities any actions that may be considered illegal and/or which may be required by such authorities. When requested, Harborx may cooperate with government authorities in any investigation of alleged illegal activity. You further confirm and acknowledge that Harborx may also maintain records of all such content.
At certain times, Harborx may provide you with various analytical tools (such as market data, price quotes, exchange rates, news, headlines and graphs), links to other websites, circulate newsletter and/or provide you with third parties' information for your convenience. By doing so, Harborx is not endorsing, giving any representation, warranting, guaranteeing or sponsoring the accuracy, correctness, timeliness, completeness, suitability of such information for you and/or as to the effect or consequences of such information on you. Such information and tools are provided solely to assist you to make your own investment decisions and does not amount to investment advice or unsolicited financial promotions to you. It is important to make a distinction between indicative prices which are displayed on charts and dealable prices which are displayed on the trading platform. Indicative quotes only give an indication of where the market is. Because foreign exchange trading is decentralized, meaning it lacks a single central exchange where all transactions are conducted, each market maker may quote different prices. Therefore, any prices displayed on any chart made available by Harborx or by a third party will only reflect "indicative" prices and not necessarily actual "dealing" prices where trades can be executed. You understand that Harborx is not obligated to continue to provide the above mentioned tools and information and Harborx may remove such informational tools from its website at any time. Furthermore, Harborx is not obligated to update the information displayed on its website at any time and Harborx will not be liable for the termination, interruption, delay or inaccuracy of any market information. The financial information Harborx posts on its website is provided by third parties for the benefit or its users and as such you undertake not to enable deep linking or any other form of redistribution or reuse of the information, to any non-authorized users. As such, Harborx urges you to read and fully understand the Terms and Conditions and other policies of such websites, newsletters and information before using them. Any information or material placed on Harborx websites by third parties reflects solely and exclusively the views, and are the responsibility of, those who post such information or material, and do not represent the views of Harborx and/or its affiliates. Such information is not to be considered as constituting a track record. Past performance is no guarantee of future results and Harborx specifically advise clients and prospects to carefully review all claims and representations made by other traders, advisors, bloggers, money managers and system vendors before making an investment decision on the basis of any of the foregoing.
In no event shall Harborx and/or its affiliates be liable, directly or indirectly, to anyone for any damage or loss arising from or relating to any use, continued use or reliance on any such tools, websites, newsletters and/or information.
Harborx uses the following Payment Service Providers (PSPs) to process some payments:
PayPal (Europe) S.à r.l. et Cie, S.C.A. is duly licenced as a Luxembourg credit institution in the sense of Article 2 of the law of 5 April 1993 on the financial sector as amended and is under the prudential supervision of the Luxembourg supervisory authority, the Commission de Surveillance du Secteur Financier, with registered office in L-1150 Luxembourg.
SafeCharge Limited, is authorised as an Electronic Money Institution (EMI).
The authorisation allows SafeCharge Limited to issue electronic money in accordance with the European Union E-money directive and as authorised by the Central Bank of Cyprus.
Neither Harborx, nor its officers, principals, employees or agents shall be liable to any person for any losses, damages, costs or expenses (including, but not limited to, loss of profits, loss of use, direct, indirect, incidental or consequential damages) resulting from any errors in, omissions of or alterations to any information and/or content. The foregoing shall apply regardless of whether a claim arises in contract, tort, negligence, strict liability otherwise.
Risks Associated with Social Trading: Harborx and its affiliates are proud to provide you with the ability to interact, follow and copy other traders by using Information and/or social trading features provided and/or made available on its websites and/or trading platforms. Such social trading features include but are not limited to the "mirror trading", "copy trading", "signal publishing", "signal provision", "signal copying", "signal following", "automated trading", "watchlist", "trading profile", "importing historical performance", "referral", "refer a friend", "reporting" and/or any advanced search options etc. (collectively, "social trading features"). However, Harborx notes that social trading features are associated with various risks and you are urged to carefully read and consider the following risks before utilizing either of our social trading features:
Social trading features are provided by Harborx solely for informational purposes. Harborx and its affiliates and their employees and agents are not investment or financial advisers.
If you make investment decisions in reliance on information which is available on Harborx websites or as a result of the use of the social trading features, you do so at your own risk. Harborx and its affiliates, their employees and its agents will not be liable for any losses that you may sustain. You should not make any investment decision without first conducting your own research. You are solely and exclusively responsible for determining whether any investment, or strategy, or any other product or service is appropriate or suitable for you based on your investment objectives and personal and financial situation.
A copied trader's positions (with respect to any of our financial instruments) shall be copied using the lower of either the minimum position amount or with the same proportional amounts and with the same leverage, to the maximum extent possible. All such positions shall be closed automatically if and when closed by the copied trader and/or if the copied trader's positions were automatically closed by Harborx, for whatsoever reason, without providing any further notice and without any action on your part. You should be able and prepared to bear the loss of the entire investment you made in such a copied trade. You are fully responsible for any losses you may sustain as a result of our automatic execution of instructions generated as a result of the utilizing of any of the social trading features.
If you place additional trades in your account or you modify or cancel an order generated by a social trading feature you may achieve a materially different result than the user you copied. Changing a copied position shall cause its disconnection from the original position. Such disconnected position shall not be automatically closed or changed when the original position is changed or closed.
Any past performance of Harborx users indicated on Harborx websites is not indicative of future results and should be considered as hypothetical as more fully described below. It is important to understand that past performance is not a guarantee of future performance. When reviewing the content, portfolio, financial performance information, opinions or advice of another registered user, you should not assume that the user is unbiased, independent or qualified to provide financial information or advice.
Hypothetical performance results have many inherent limitations. No representation or guarantee is being made that any account will or is likely to achieve profits or losses similar to those shown and may not take into account fees, spreads and/or trading commissions that may be charged. The actual percentage gains/losses experienced by investors will vary depending on many factors, including but not limited to: starting account balances (deposits and withdrawals), market behavior, the investor's account settings and the performance of the copied user. Because of this, actual percentage gains/losses experienced by investors may be materially different than the percentage gains/losses as presented on this website. In fact, there are frequently sharp differences between hypothetical performance results and the actual results subsequently achieved by any particular trading program. One of the limitations of hypothetical performance results is that they are generally prepared with the benefit of hindsight. In addition, hypothetical trading does not involve financial risk, and no hypothetical trading record can completely account for the impact of financial risk in actual trading. For example, the ability to withstand losses or to adhere to a particular trading program in spite of trading losses are material points which can also adversely affect actual trading results. There are numerous other factors related to the markets in general or to the implementation of any specific trading program which cannot be fully accounted for in the preparation of hypothetical performance results and all of which can adversely affect actual trading results.
No aspect of the information and/or social trading feature provided and/or made available on Harborx websites is intended to provide, or should be construed as providing, any investment, tax or other financially related advice of any kind. You should not consider any such content and/ or any such feature to be a substitute for professional financial advice. If you choose to engage in transactions based on content on the website and/or elect to copy specific traders and/or trades, then such decision and transactions and any consequences flowing therefrom are your sole responsibility. While individual participants may offer investment advice or opinions and/ or effect a transaction which may be subsequently copied by other traders, such advice, opinions or trades amount to nothing more than exchanges between persons who may be anonymous or unidentifiable or simply the execution of a trade by such traders. Harborx and its affiliates do not provide investment advice directly, indirectly, implicitly, or in any manner whatsoever by making such information and/or features available to you. You should use any information gathered from here and/or utilize the social trading features only as a starting point for your own independent research and investment decision making.
The services and the software should be used with knowledge and skill notwithstanding any particular user's investment objectives, financial situation, or means, and Harborx is not soliciting any action based upon it. Harborx does not recommend any form of financial transaction; or solicit to enter into any financial transaction, financial engagement; or otherwise encourage you to follow any specific trading strategy in any jurisdiction in which such an offer or solicitation, or trading strategy would be illegal. Harborx expressly disclaims all warranties of any kind, express or implied. The services and/or the software are provided "as-is", and Harborx and/or any third-party information provider, provides the services without responsibility for accuracy and correctness. By using the services and/or the software you agree that errors and/or omissions contained in such information shall not be made the basis for any claim, demand or cause of action against Harborx. You acknowledge that the services and/or the software are beta versions at the development stage. Consequentially, the services and/or the software is instable and may not work error free. Harborx does not warrant that the functions contained in the services and/or the software will meet your requirements or that the operation of the services and/or the software will be uninterrupted or error free. The entire risk as to the quality and performance of the services and/or the software is with you.
Harborx and/or any third-party supplier expressly disclaim any and all warranties, express or implied, including, without limitation, warranties of satisfactory quality and fitness for a particular purpose, with respect to the services and/or the software or any use thereof. In no event shall either of them be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the application and the use thereof. You hereby specifically agree and acknowledge that the above warranty is exhaustive, and is in lieu of any other warranty, express or implied. In no event shall Harborx and/or any third-party supplier or their directors, officers, employees, contractors and agents be liable for lost profits, lost sales, lost business, lost opportunity, lost information, lost or wasted time or any special, incidental or consequential damages (however arising, including negligence) arising out of, or with respect to the services and/ or the software and the use thereof.
All Harborx intellectual property assets ("IP") including but limited to all copyrights, trademarks, patents, service marks, trade names, software code, icons, logos, characters, layouts, trade secrets, buttons, color scheme and graphics are our sole and exclusive IP and are all protected by local and international intellectual property laws and treaties including all copyright laws and regulations. You shall respect all such proprietary rights and unless you were given an explicit permission by Harborx, you shall not use the Services, or any other information or the software for any purpose, other than personal ordinary purposes, and you shall not change, sell and/or distribute Harborx services and/or create any products based on Harborx services, or on part of it, without Harborx's prior written consent. Under no circumstances shall you remove any copyright notification from any of Harborx's IP or unlawfully use Harborx downloadable software. The use of Harborx services and/or software does not grant you any rights other than those granted to you by revocable license in any way. Harborx owns all the images displayed on the website and Software. You may not use these images in any way other than the manner which Harborx provides them. Should you wish to use any of Harborx images for any other purpose you must obtain prior written consent from Harborx in advance. Nothing contained on Harborx websites shall be construed as granting, by implication or otherwise, any license or right to use any trademark without our written permission or such third party that may own the trademarks. Except as expressly stated herein, You may not without our prior written permission alter, modify, reproduce, distribute or commercially exploit any materials, including text, graphics, video, audio, Software code, user interface design or logos, from this or any of Harborx websites. If you link from another website to one or more of Harborx websites, your website, as well as the link itself, may not suggest that Harborx endorses, sponsors or is affiliated with any non-Harborx website, entity, service or product, and may not make use of any of Harborx IP other than those contained within the text of the link.
Harborx's failure or neglect to perform or enforce any of any rights or conditions under this Agreement and the general Terms and Conditions shall not be considered as a waiver of such a right or condition. Should any provision of these Terms and Conditions be held to be void, invalid or inoperative, the remaining provisions of these Terms and Conditions shall not be affected and shall continue in effect. In addition, if any particular provision contained in this Agreement and/or the general Terms and Conditions shall, for any reason, be held to be excessively broad with regard to time, geographic scope or activity, the term shall be construed in a manner to enable it to be enforced to the extent compatible with applicable law.
The validity of these Terms and Conditions and the rights, obligations and relations of the parties shall be construed and determined in accordance with the laws of Cyprus. You acknowledge that any action or suit brought to enforce any right or remedy of these Terms and Conditions shall be subject to the exclusive jurisdiction and venue of Cyprus.
You acknowledge reading these Terms and Conditions, understanding it, and agree to be bound by its terms and conditions.
Date of Update: August 2017