Terms and Conditions
Terms & Conditions concerning the use of the site www.klmfx.com
Please read these terms and conditions carefully. To access this site or any pages thereof, you agree to be bound by the terms and conditions below.
Please note that by clicking ' OK ' below, you confirm the following items:
I understand these terms and conditions in addition to all other policies and I understand they are an integral part of a binding agreement between me and the KLMFX.COM site. I am over 18 and the information provided in this application is true and correct and I'll notify KLMFX.COM if any new changes surface.
KLMFX.COM may not be able to ascertain the suitability of any product for me due to inexperience or undisclosed information. I have entered my details accurately, truthfully and completely, including my e-mail address, housing information and identification card.
KLMFX.COM –may at any time and without permission or prior notice modify the terms and conditions of this agreement by posting such information on its website.
I completely understand the process of trading I have also activated a demo account and have opened the tutorial so I understand how trading and risk are involved, in addition, I have read and understood the risks involved in Forex and/or CFD (circulation).
In completion of the subscription model I agree to open a special account and emphasize on reading and understanding all policies and conditions including risk, terms and conditions.
KLMFX.COM website provides access to the website and its services to users who agree to its terms and conditions. by using this site, you expressly confirm that you have read these terms and conditions and that you agree to them. our commitment to delivering services is subject to any restrictions or controls agreed upon in writing the mandate legislative or regulatory requirements, legal or marketing.
The following controls and conditions apply to all users, if needed, any additional information related to the topics below, please contact us at any time. our customer support department team is available for your convenience
First of all, you must read the conditions and regulations and approve them in order to take advantage of the services offered by the website, KLMFX.COM, the agreement will be activated once you accept these conditions, if you do not agree to abide by the conditions and regulations of the current agreement, please confirm your argument in writing. if KLMFX.COM makes any modifications they will be posted online to account for maintaining the continuity of trading on the site, you may be asked to agree to the new terms.
In order to be eligible for trading on your KLMFX.COM site you must have exceeded the age of 18 years to be in full understanding of the risks that may be involved, you hereby acknowledge and confirm the availability of comprehension and experience you have and that you understand the risks involved, we are not responsible for any loss or damage that could occur, we are not responsible for verifying that you have the full comprehension, lucidity or, accuracy or quality of your decisions.
The same conditions apply to legal controls, clients should have a full understanding that trading and investment procedures similar organization in different way and in all parts of the world, and your access to our website and use of tools provided by the site KLMFX.COM do not necessarily concur with existing laws in your country. Any requests from users who enter this site to notify themselves to legal controls, acknowledge hereby that the funds used in trading are resulting from criminal activity or offensive misdemeanour. Please do not abuse the authorization or services provided to you, once you agree to the terms and conditions, you are granted a limited license but you will not able to penetrate the site or copy or resell materials appearing on the Web site KLMFX.COM.
Please note that closing or turning off your account as a result of breach or violation of terms of service, in particular the policy use, this may lead to losses as a result of closing deals. Please do not submit incorrect or inaccurate information, as it will terminate the permission granted if noticed. You will be instantly denied service and access and will Immediately be blocked from your account. you also agree that KLMFX may terminate your access to any of our online trading services in solo discretion either by written notification or unwritten and is capable of total shut down of your account.
Regulations and existing conditions state that under no circumstances is KLMFX.COM or one of its employees responsible for any loss or any kind of losses that occur during trading as an outcome of a problem in connection with our website, including what happens in case of negligence, in the event of any accident, KLMFX.COM site responsibilities are limited to commissions obtained in the last conversions you have deposited in Your trading account.
Terms and Conditions
1. The Preamble to these terms of service is inseparable part thereof and together with all company policies. constituting a binding Agreement between the User and KLMFX.COM.
You and any person making use of the Site are referred to hereunder as "User" and/or Client.
2. By accessing, visiting and/or using this Site, any person doing so (here in after:" User") unequivocally and unreservedly expresses his or her binding agreement to any and all of these Terms and Conditions, constituting a binding agreement between the User and KLMFX.COM, and undertakes to fully comply with any and all activity on, with and / or / via this Site shall be governed by these Terms and Conditions.
BY USING THIS SITE IN ANY WAY YOU CONFIRM YOUR UNREVOCABLE ACCEPTANCE AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS.
IF YOU DO NOT ACCEPT ANY OF THESE TERMS AND CONDITIONS OR ANY OF THE POLICIES - YOU CANNOT USE KLMFX.COM’S SERVICES AND PLEASE STOP USING THIS SITE AT ONCE.
3. Permitted Use: Any User must be aged 18 or older and legally permitted to engage in usage of this Site under the laws applicable to him/her. User affirms that he or she has full legal capacity to enter into legally binding agreements. Users may not make commercial and/or serial and/or automated use of this Site. This Site strictly forbids any use of data mining, data gathering, bandwidth theft, offline browsing plug-ins and software and/or download and/or batch download or any access via any software except for the main common and official web browsers.
4. Your Account and Bank Account: Upon receipt of your application, we may carry out credit or other checks as we deem appropriate from time to time including without limit obtaining references from your bank, employer or credit agencies (if applicable). Credit reference agencies will record details of the search irrespective of whether your application proceeds or not. We reserve the right to carry out further credit checks at any time whilst this Agreement is in force.
a. You acknowledge and accept that we may use credit scoring methods to assess your application. This may affect our decision on whether to accept the application or whether to alter the way in which your Account will operate.
b. You must notify us immediately of any material changes to any of the information set out in your Application Form.
c. In the event that your Application Form is accepted we will open an Account for you and provide you with a user ID and account number. You must not disclose these details to any other person. In the event that you believe that these details are known by a third party then you will notify us immediately. You will assist us in investigating any misuse of your Account.
d. You confirm that we are not obliged to confirm or check the identity of anyone using or quoting your Account.
e. You confirm that we shall be entitled (but not obliged) to make any payments owed to you to one single account for all sums. We may (but are not obliged to) agree to transfer monies to different Bank Accounts. Notwithstanding the fact that we agree to do so, we shall not be liable for any mistakes made by us in the amount transferred provided that the aggregated sum transferred pursuant to this Agreement is correct.
f. Funds appearing on Clients' account may include agreed or voluntary bonuses and incentives, or any other sums not directly deposited by the Client or gained from trading on account of actually deposited funds ("Non-Deposited Funds"). Please note unless otherwise explicitly agreed, Non-Deposited Funds are not available for immediate withdrawal. Further, due to technical limitations, Non-Deposited Funds may be assigned to Client's account in certain occasions (for example, for the technical purpose of allowing the closing of positions or an indebted account). PLEASE NOTE NON-DEPOSITED FUNDS, including profits gained on account of or derived of the same, are not Client's funds. If a withdrawal of Non-Deposited Funds has been confirmed, KLMFX.com shall have full right to reclaim any and all such funds.
5. Further Covenants: In addition to the above and without limiting the generality of this clause, you:
a. Confirm that the Bank Account details are complete and accurate and that you will notify us immediately of these changes and will provide us with the updated documentation on request in respect of such revised Bank Account;
b. Confirm that (unless otherwise agreed by us) the Bank Account relates to a bank account opened in your country of main residence;
c. Acknowledge and accept that we are under no obligation to transfer any monies to or accept any monies from any account other than the Bank Account.
d. Except in the case of fraud (that not includes fraud from a third party), we do not accept responsibility for any loss or damage suffered by you as a result of your trading on monies deposited in or credited to your Account in error by or upon our behalf.
e. We reserve the right to close or suspend your Account at any time in accordance with the terms of this Agreement.
f. Acknowledge explicitly that KLMFX.COM has the right to change the amount of margin that is allowable from any trading due to market volatility, without prior notice.
g. Multiple Accounts: Except as otherwise expressly provided in this Agreement, if you have more than one Account with us, each Account will be treated entirely separately. Therefore, any credit on one Account (including monies deposited as margin) will not discharge your liabilities in respect of another Account unless we exercise our rights under this Agreement.
h. Joint Accounts/beneficiaries: If an Account belongs to multiple users or to a corporation, company, partnership or any other corporate body, all beneficiaries or signatories will be required to approve a withdrawal.
6. Linking to this Site: Creating or maintaining any link from another Site to any page on this Site, without KLMFX.COM’s written permission is prohibited. Running or displaying this Site or any information or material displayed on this Site in frames or through similar means on another Site without our prior written permission is prohibited. Any permitted links to this Site must comply with all applicable laws, rules and regulations and ethical conduct on the internet.
7. IP and Copyright Notice: All texts, graphics, sounds, information, designs, applications, content, source codes and object code files, and other material displayed on or that can be downloaded from this Site are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with prior written permission of the owner of such material (hereinafter: "information" or "data"). The information on this Site belongs to KLMFX.COM or its respective affiliates and suppliers and may not be copied or used without prior approval. You may not modify the information or materials displayed on or that can be downloaded from this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.
8. Force majeure: Whilst we will endeavour to comply with our obligations in a timely manner we will incur no liability whatsoever for any partial or non-performance of our obligations by reason of any cause beyond our reasonable control including but not limited to any communications, systems or computer failure, market default, suspension, failure or closure, or the imposition or change (including a change of interpretation) of any law or governmental or regulatory requirement and we shall not be held liable for any loss you may incur as a result thereof.
a. Without prejudice to the generality of this clause, the following events shall be considered as an event of force majeure:
I. where we are (in our opinion) unable to maintain an orderly market as a consequence of civil unrest, terrorism, strikes, riots or power or communication failure;
ii. Excessive volatility in the financial markets;
iii. Suspension, closure or liquidation of underlying markets.
b. Without prejudice to the generality of this clause, in the event of force majeure we will be entitled to:
I. alter trading times;
ii. Alter the Margin Requirement;
iii. Close or cancel any open contracts/positions.
9. Trademarks: Certain trademarks, trade names, service marks and logos used or displayed on this Site are registered and unregistered trademarks, trade names and service marks of KLMFX.COM and its affiliates. Other trademarks, trade names and service marks used or displayed on this Site are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Site without the written permission of KLMFX.COM.
10. Logins Security: It is your responsibility to maintain your Account at all times. This includes ensuring that the required level of margin is in place. If you have more than one Account, this responsibility will relate to each Account separately, unless we have agreed otherwise in writing with you.
Every person using a login (whether or not in fact such person is a duly authorized Client) will be deemed to be authorized to enter into the system and/or (as the case may be) to give any other instructions or communications on behalf of KLMFX.COM’s Client that is represented by the login according to the registration information provided by KLMFX.COM. KLMFX.COM will act on such instructions without being obliged to obtain any further written or other confirmation, and, for the avoidance of doubt, the relevant transaction fees shall become payable.
11. Unlawful usage: You are prohibited from making any unlawful usage of this Site, and are informed and aware to the fact that in addition to these terms and conditions and any and all policies for usage of this Site, you may and are expected to be subjected to laws and regulations applicable in your or any relevant jurisdiction, including any promulgations related to gambling, securities, taxation and/or anti-money laundering. KLMFX.COM does not encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials and/or User from this Site. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
12. User undertakes that any and all information provided by him is true, accurate, complete and up-to-date.
13. User undertakes to indemnify, defend and hold KLMFX.COM harmless, as well as any and all of its subsidiaries, agents, employees and/or officers, against or from any liabilities, obligations, claims, debts, expenses etc., in any way connected with any misuse or abuse of the site, information or services provided or contained herein, including in particular (but not limited to) any breach of these Terms and Conditions and/or violation of any law whatsoever (including any violation or infringement of any third party rights) and/or any breach of any applicable third party terms and conditions;
14. No Warranties express or implied: USE THIS SITE AT YOUR OWN RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
You must read the Risk Warning Notice and all the other documents supplied to you in connection with this Agreement very carefully. DO NOT submit the Online Application Form if you are unsure as to the effects of this Agreement or the nature of the risks involved. By clicking on the "Submit" button and submitting the Online Application Form to us, then you are acknowledging that you have read the documents supplied and that you understand and accept the terms of this Agreement.
15. KLMFX.COM and/or any or all of its subsidiaries, affiliated companies, agents, employees, lawyers, trustees, bankers and/or officers does not regulate and/or oversee and/or verify the information published on this Site, including articles, trading information, quotes, et cetera. KLMFX.COM’s sole responsibility and endeavour is to facilitate trading and provide information and articles deemed useful. KLMFX.COM shall not incur any liability, in any way, or otherwise bear any damages and/or expenses to any user or third party, except for return of last monthly fees (to the extent that such fees were actually paid to KLMFX.com), and subject to the terms set herein. KLMFX.com shall not be liable to denial of service on any grounds, whether general, personal or specific. KLMFX.com shall not be liable in any way for information, software, products and/or services provided by third parties.
16. The Site is in sole discretion of the KLMFX.com’s ownership, may it be off-line for maintenance or for any other reason, service may be denied, temporarily and/or continually and/or indefinitely, of any person at no liability to KLMFX.com.
KLMFX.com doesn’t guarantee that you will be able to access the website at any time and location and it doesn’t make any warranties with respect to the web site content. Without limiting the foregoing, KLMFX.com will not be held responsible for an failure of executing trading orders, due to let downs in the operation of informational systems due to technical faults, which are beyond its control.
17. Neither KLMFX.com nor any of its respective affiliates, subsidiaries, agents, employees and officers warrants the accuracy or completeness of the information, materials or services provided on or through this website. The information, materials and services provided on or through this website may be out of date, and neither KLMFX.com nor any of its respective affiliates make any commitment or assume any duty to verify, validate or update such information, materials or services.
Except as explicitly set herein and under specific conditions, We DO NOT provide any advisory service. All transactions, investments and decisions are at your own discretion and risk.
18. KLMFX.com and/or any or all of its subsidiaries, agents, employees and/or officers, do not assume any responsibility, or will be liable, for any damages to, or any viruses that may infect your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing our Site, or your downloading of any information or materials from this Site.
19. IN NO EVENT WILL KLMFX.com OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE, BE LIABLE TOWARDS YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
20. IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE. IF YOU ARE A REGISTERED USER YOU MAY RECEIVE A RETURN OF FEES RECEIVED BY KLMFX.COM WITHIN THE PREVIOUS MONTH WITH RESPECT TO SERVICES THAT WERE FULLY DENIED AS A RESULT OF AN ACT OR OMISSION BY KLMFX.COM. ALL CLAIMS AGAINST KLMFX.COM SHALL BECOME OBSELETE WITHIN 12 MONTHS OF THE OCCURANCE GIVING RISE TO THE CLAIM. IN THE EVENT OF ANY PROBLEM WITH THE INFORMATION, PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, ASIDE OF THE ABOVE SAID, IS FROM THE 3rd PARTY PROVIDER OF SUCH INFORMATION, PRODUCTS OR SERVICES.
21. The above disclaimers mean that KLMFX.com does not undertake to provide any service and/or any and all functionality on its Site. This also means if you believe you have any claim against KLMFX.com it should be presented with no delay and shall be null and void within 12 months of the first time it came to be.
22. Revisions to these Terms and Conditions: Without prejudice to the above, User acknowledges and accepts that KLMFX.com and its legal advisors are fully entitled at all times to amend, add to and/or revoke any and all of these Terms and Conditions, at its sole discretion, without giving User any notice thereof. Any such amendment, addition or revocation shall become fully effective and binding upon being posted on Site. You should visit this page to review the then current Terms and Conditions binding on you. Certain provisions of these Terms and Conditions may be added to or superseded by legal notices or terms located on particular pages of this Site. These terms and conditions have been last updated on December 12, 2013.
This means that these Terms and Conditions may be reasonably amended from time to time by KLMFX.com, and shall apply to any user immediately. KLMFX.com shall maintain a link to these Terms and Conditions on every page on the Site, and state the last date these Terms and Conditions were updated on.
23. Choice of Law; Jurisdiction: These Terms and Conditions supersede any other agreement between you and KLMFX.com to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed by and construed in accordance with the laws of the Commonwealth of Dominica, without giving effect to any principles of conflicts of laws. A printed version of these Terms and Conditions will be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. These Terms and Conditions, as well as any dispute arising therefrom or in connection therewith shall be brought before the courts of law of Commonwealth of Dominica which shall have exclusive jurisdiction over the same.
24. Dispute Resolution; Arbitration: The parties will attempt in good faith to negotiate a settlement to any claim or dispute between them arising out of or in connection with this Agreement. If the parties fail to agree upon terms of settlement, either side may submit the dispute to confidential arbitration proceedings by a sole arbitrator under the ICC ADR Rules, whose decision shall be final and binding. The arbitration proceedings shall be conducted in English, in Commonwealth of Dominica or another place agreed by Parties. Without derogating of the provisions above, this clause explicitly sets exclusive jurisdiction to said arbitration process, and neither Party shall be entitled to submit any dispute to the courts of its domicile which contradicts said arbitration process.
This means that Commonwealth of Dominica law shall apply to the Site and services contemplated herein, and that any claim towards KLMFX.com must be submitted to appropriate arbitration in Commonwealth of Dominica.
25. Termination: You or we may suspend or terminate your account or your use of this Site at any time, for any reason or for no reason. Except for the withdrawal of accumulated funds, you will not be entitled to any remedy for discontinuing the services, all subject to our WD policy and applicable laws and regulations. We reserve the right to change, suspend, or discontinue all or any aspect of this Site at any time without notice.
26. Additional Assistance: If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact us at any time.
This means you should contact us beforehand if anything of these Terms and Conditions is unclear, unfair or unacceptable to you.
28. Assignment to Third Parties: KLMFX.com is fully entitled to assign, grant, transfer or sublicense any and all of its rights provided for herein, including any rights with regards to information or data, wholly or in part, to any third party whatsoever.
This means that the agreement between User and KLMFX.com on the terms set under the Terms and Conditions may be assigned, in full or in part by KLMFX.com, but not by the User. These privileges as well as the limitations of liability are KLMFX.com’s one-sided prerogatives under these Terms and Conditions but this Site would not be feasible without them.
29. No Waiver: KLMFX.com’s acquiescence to any breach of These Terms and/or failure to exercise any right provided for herein shall be without prejudice to KLMFX.com’s legal rights and remedies, and shall not be held to preclude and/or debar it from exercising or seeking any of the same.
30. Severability: Should any provision herein be deemed void or invalid by any court of law having proper jurisdiction, such provision shall be severed, and shall not in any way vitiate or detract from the effect and/or validity of any or all remaining provisions herein.
This means that if a specific article in these Terms and Conditions is ruled by a competent court as unenforceable for any reason, then such ruling shall only apply to the respective specific articles or provisions and not to this entire agreement.
31. How to Contact Us: Should you have other questions or concerns, please contact us any time.
Acceptable Use Policy [AUP]
Important: You are hereby advised that any breach of this acceptable use policy or otherwise manipulating, abusing or exploiting KLMFX.com’s online trading services offered to the public, may result in significant monetary and other damages to KLMFX.com and/or third parties, including other users and traders like yourself, and KLMFX.com shall be entitled to seek any remedy available to it hereunder or under law, including an injunctive RELIEF.
Without derogating of the provisions of the following Acceptable Use Policy, any of the following activities are explicitly prohibited and shall be deemed a fundamental breach of the Terms of Service Agreement:
Unauthorized automated access to the services and systems.
Latency exploitation in trading.
Coordinated trade through multiple accounts (including trading in tandem).
Any reverse engineering of the software or the services.
1. Scope of AUP
1.1. The AUP applies to all systems and services offered by KLMFX.com, without exceptions.
1.2. The AUP applies to everyone, including all clients, users and visitors ("User" or "You").
1.3. The prohibited activities and uses set out in this AUP are not a complete list. If you are unsure about any contemplated action, you should contact KLMFX.com immediately.
2. Automated Access
2.1. You may not use, under any circumstances, any software which automatically accesses or operates KLMFX.com’s systems, websites or systems, unless such software is officially provided by KLMFX.com.
3. Prohibited Activities
3.1. KLMFX.com shall not use, and will take reasonable actions to ensure that no user or third party shall use its systems in any of the following ways:
3.1.1. Fraudulently or in connection with any criminal offense.
3.1.2. To send, knowingly receive, upload, download, or use any material which is offensive, abusive, indecent, defamatory, obscene or menacing, or in breach of copyright, confidence, privacy and/or any other rights.
3.1.3. To cause annoyance, inconvenience or anxiety.
3.1.4. To spam or to send or provide unsolicited advertising or promotional material or, knowingly to receive responses to any spam, unsolicited advertising or promotional material sent or provided by any third party.
3.1.5. In any way which, in KLMFX.com’s reasonable opinion, is or is likely to be detrimental to the provision of the KLMFX.com service to the company or any of KLMFX.com's or its shareholders' and/or affiliates' and/or directors and/or lawyers and/or trustees and/or bankers and/or customers and/or business and/or reputation.
3.1.6. In contravention of any licenses or third party rights.
3.1.7. To attempt to interfere with any KLMFX.com service to any user, host or network this includes without limitati