1.1. Virtual Real Estate Token (hereinafter referred to as ‘the Company’) is an investment firm that
1.2. Virtual Real Estate Token is incorporated in as a Broker Company with the registration number 4327 BC
2022.
1.3. The objects of the Company are all subject matters not forbidden by International
Business Companies (Amendment and Consolidation) Act,
in particular but not exclusively all commercial, financial, lending, borrowing, trading,
service activities and the participation in other enterprises as well as to provide
brokerage,
training and managed account services in currencies, commodities, indexes, CFDs and
leveraged financial instruments.
2. Acknowledgement
1. The client acknowledges that he/she read, understood and accepted the Terms of
Conditions as amended from time to time,
in addition to any information contained within the firm’s website available online at
www.profxlive.com.
2. After the Client fills in and submits the Account Opening Application Form together
with all the required identification documentation,
the Company will send him a notice informing him whether he has been accepted as a
customer of the Company. It is understood that the Company is not to be required
(and may be unable under Applicable Regulations) to accept the Client as its customer,
and hence open an account for him or accept any money from him,
until all documentation it requires has been received by the Company, properly and fully
completed by the Client and all internal Company checks
(including without limitation anti-money laundering checks and appropriateness tests)
have been duly satisfied.
It is further understood that the Company reserves the right to impose additional due
diligence requirements to accept Clients residing in certain countries.
The Agreement will take effect and commence upon the receipt by the Client of the notice
sent by the Company informing the Client that he has been accepted as the Company’s
Client.”
you may also add "by accepting this Agreement, the client is consenting that if he is
accepted by the Company as a Client their relationship will be governed by the terms and
Conditions
of this Terms of Conditions and Account opening agreement as amended form time to time.
3. The client acknowledges that the Firm’s official language is the English Language.
3. Scope of the Terms of Conditions
1. The Terms of Conditions govern all the actions that relate to the execution of the
client’s orders.
2. The Terms of Conditions are non-negotiable and overrides any other agreements,
arrangements, express or implied statements made by Virtual Real Estate Token unless the company,
in its sole discretion, determines that the context requires otherwise.
3. The Distance Marketing of Consumer Financial services law, does not require the Client
Agreement to be signed by either the client or the company in order for both the client
and the company to be legally bound by it.
4. Definitions and Interpretations
4.1. Terms stated bellow shall have the following meaning and may be used in the singular
or plural as appropriate.
“Account” means a personalized trading account of the Client with the Company;
“Account Detailed Report” shall mean a statement of the Clients securities portfolio,
open positions, margin requirements, cash deposit etc. at a specific point in time;
“Ask Price” means the price at which the Company is willing to sell a CFD;
“Authorized Person” means a person authorized by the Client under a power of attorney to
give instructions to the Company in relation to the Account;
“Balance” means the sum of the Client Account after the last completed order and deposit/
withdrawal operation made within any period of time;
“Best Execution Policy” means the Company’s prevailing policy available at the Company’s
Website regarding best execution when executing client orders;
“Bid Price” means the price at which the Company is willing to buy a CFD;
“Business Day” means any day on which banks are open for business;
“CFD Contract or CFD” means a contract which is a contact of difference by reference to
fluctuations in the price of the relevant Underlying Asset;
“Client” means a natural or legal person, accepted by the Company as its Client to whom
services will be provided by the Company under the Terms;
“Collateral” means any securities or other assets deposited with the Company’s Execution
Venue;
“Company’s Website” means www.profxlive.com or any other website that may be the
Company’s website from time to time;
“Contract” means any contract, whether oral or written, for the purchase or sale of any
commodity, security, currency or other financial instruments or property,
including any derivative contracts such as options, futures, CFDs or other transactions
related thereto, entered into by the Company and the Client;
“Counterparties” shall mean banks and/or brokers through whom the Company may cover its
transactions with Clients;
“Durable Medium” means any instrument which enables the Client to store information in a
way accessible for future reference for a period of time adequate for purposes of the
information
and which allows the unchanged reproduction of the information stored;
“Equity” equals (Balance + Floating Profit & Loss + Swap);
“Event of Default” shall have the meaning given to this term in Clause 14;
“Execution Venue” the counterparty for transactions and holder of the Clients securities
or other assets deposited;
“Floating Profit/Loss” shall mean the unrealized profit (loss) of open positions at
current prices of the Underlying Assets;
“Free Margin” means the funds not used as guarantee to open positions, calculated as:
Free Margin=Equity-Margin;
“Margin” means the necessary guarantee funds to open positions and maintain Open
Positions, as determined in the Spreads and Conditions Schedule;
“Margin Call” when the Margin posted in the margin account is below the minimum margin
requirement, the Company’s Execution Venue issues a Margin Call and in this case
the Client will have to either increase the Margin that he/she has deposited, or to
close out his/her position(s). If the Client does not do any of the aforementioned,
the Execution Venue shall have the right to close the positions of the Client;
“Margin Level” means the percentage of Equity to Margin ratio. It is calculated as:
Margin Level = (Equity/Necessary Margin) x 100;
“Market Maker” means a dealer in securities or other assets who undertakes to buy or sell
at specified prices at all time;
“Market Rules” means the rules, regulations, customs and practices from time to time of
any exchange, clearing house or other organization or market involved in the conclusion,
execution or settlement of a Contract any exercise by any such exchange, clearing house
or other organization or market of any power or authority conferred on it;
“Open Positions” means any position/transaction that has not been closed. For example, an
open long position not covered by the opposite short position and vice versa;
“Orders” means any trading transactions executed on the Company’s trading platforms by
the Client;
“OTC” shall mean any Contract concerning a commodity, security, currency or other
financial instrument or property, including any option, future,
or CFD which is not traded on a regulated stock or commodity exchange but “over the
counter”;
“Principal” means the individual person or the legal entity which is a party to a
transaction;
“Security” means any securities or other assets deposited with the execution venue;
“Services” means the services to be provided by the Company to the Client construed by
these Terms. Services is inclusive of any dealing,
order routing, advisory or other services which the Company provides from time to time
to the Client by remote access via the Internet and which are subject to these Terms;m
“Spread” means the difference between the Ask Price and the Bid Price;
“Spreads and Conditions Schedule” means the schedule of spreads, charges, margin,
interest and other rates which at any time may be applicable to the Services as
determined by the Company
on a current basis. The Spreads and Conditions Schedule is available on the Company’s
Website and may be supplied to the Client on demand;
“Swap” shall mean the funds withdrawn or added to the Client’s Account from rolling over
(transfer) of an open position to the next day;
“Terms” mean these Terms of Conditions governing all the actions that relate to the
execution of your trades;
“Trade Confirmation” means a notification from the Company’s trading platform to the
Client confirming the Client’s entry into a Contract;
“Trading Platform” means any online trading platform made available to the Client by the
Company for placing orders, requesting quotes for trades, receiving price information
and market related news as well as having a real-time revaluation of the open positions,
through the Internet;
“Underlying Asset” means underlying asset is the financial instrument (e.g., stock,
futures, commodity, currency, index) on which a derivative's price is based.
5. Internet and Electronic Trading
1. The Client acknowledges the electronic nature of the Services and the inherent risk
that communications by electronic means may not reach their intended destination
or may do so much later than intended for reasons outside the Company’s control.
We have made every effort to display as accurately as possible the colors and images of
our products that appear at the store. We cannot guarantee that your computer monitor's
display of any color will be accurate.
2. Since the Company does not control signal power, its reception or routing via
Internet or any other means of electronic communication, configuration of Client’s
equipment or reliability
of its connection, the Company shall not be liable for any claims, losses, damages,
costs or expenses, including attorneys’ fees, caused directly or indirectly,
by any breakdown or failure of any transmission or communication system or computer
facility belonging to the Company.
3. The Client is obliged to keep all login information secret and ensure that third
parties do not obtain access to the trading facilities. The Client will be held
responsible
for transactions executed by means of the Client’s password even if such transactions
were not executed by the Client.
4. Unless otherwise indicated or agreed any prices shown on the Company’s Trading
Platform are indicative at the time shown based on data that is subject to constant
change.
The execution price is that which is confirmed to the Client on the Trade Confirmation
issued (whether on screen or otherwise) after the Client order is executed,
although this price may in certain cases differ from the price appearing on the screen
at the time the order was placed. In the event that an erroneous price is used as the
basis
of any transaction the Execution Venue reserves the right to amend or revoke the details
of the transaction(s) in question.
5. The limit order functionality of the Trading Platform will be subject to the Internet
service remaining available over the period in which the limit order is outstanding,
and will be subject to size limits input by the Execution Venue’s dealer(s) remaining in
excess of the Clients order size and such dealer’s position limits and/or any other
limits
determined by the Execution Venue to be applicable to the Client (whether or not
disclosed to the Client) still being able to facilitate the order at the time the limit
price is reached.
6. The identification or use of any third party products, services or websites is not an
endorsement by the Company of such services, products of websites. The Company accepts
no responsibility or liability of any kind in respect of any materials on any website
which is not under the Company’s direct control.
6. Market Making
6.1. The Client is specifically made aware that in certain markets, including the
foreign exchange markets, OTC foreign exchange options and CFD Contracts, the Execution
Venue may act
as a Market Maker.
6.2. The Company follows the STP execution model with all orders sent to Virtual Real Estate Token .
6.3. The Company will, upon the Client’s written request, in general disclose to the
Client whether the Company may act as a Market Maker in certain CFD Contracts.
6.4. When acting as a Market Maker, the Execution Venue will under normal market
circumstances quote the Client bid and ask prices.
6.5. In order for the Company to quote prices with the swiftness normally associated with
speculative trading, the Company may have to rely on available price or available
information
that may later prove to be faulty due to specific market circumstances, for instance,
but not limited to, lack of liquidity in or suspension of an asset or errors in feeds
from information
providers or quotes from Counter-parties. If so and if the Company has acted in good
faith when providing the price to the Client, the Company may cancel the trade with the
Client but
shall do so within reasonable time and shall provide the Client with a full explanation
for the reason for such cancellation.
6.6. Following execution of any position with a Client, the Execution Venue may at it’s
reasonable discretion subsequently offset each such client position with another Client
position,
or a position with one of the Execution Venue’s Counter-parties or retain a proprietary
position in the market with the intention to obtain trading profits from such positions.
Such decisions and actions may therefore result in the Execution Venue offsetting client
positions at prices different – sometimes significantly different – from prices quoted
to Clients,
resulting in trading profits or losses for the Execution Venue. This in turn can raise
the possibility of the Client incurring what may be seen as an implied cost
(i.e. the difference between the price at which the Client traded with the Execution
Venue and the price at which the Execution Venue subsequently traded with
Counter-parties and/ or other
Clients) due to any profits realized by the Execution Venue as a result of the Market
Making function. However the Market Making function may involve significant costs to the
Execution
Venue if the market moves against it as compared to the price at which it traded with
the Client.
6.7. The Client accepts that the Execution Venue in CFD contracts where it acts as
Market Maker may hold positions that are contrary to positions of the Client, resulting
in potential
conflicts of interest between the Execution Venue and the Client.
6.8. In markets, where the Execution Venue acts as a Market Maker, the Client accepts
that the Company has no obligation to quote prices to clients at all times in any given
market,
nor to quote such prices to clients with a specific maximum spread.
6.9. The Client acknowledges, recognizes and accepts that the price quoted to the Client
includes a spread when compared with the price to which the Execution Venue may have
covered
or expected to be able to cover the Contract in a trade with another client or a
Counterparty. Furthermore, the Client acknowledges, recognizes and accepts that said
spread constitutes
remuneration to the Company and that such spread can not necessarily be calculated for
all Contracts and that such spread will not be specified at the Trade Confirmation or
otherwise
revealed to the Client.
6.11. Any commission costs, interest charges, costs associated to and included in the
spreads quoted by the Execution Venue as a Market Maker in certain markets and other
fees and charges
will consequently influence the Client’s trading result and will have a negative effect
on the Client’s trading performance compared to a situation if such commission costs,
interest
charges, costs associated to and included in the spreads did not apply.
a. In the case that the client account equity is equal or exceeds 300,000 USD (or
currency equivalent) and there are open trades of 50 lots or more, the Company reserves
the right to adjust
the leverage of the underlying trading account to 1:75. If this is the case the Company
will inform the Client by email.
b. If the Client is an active trader and is undertaking numerous transactions, the total
impact of visible as well as not visible costs may be significant. Consequently the
Client may have
to obtain significant profits in the markets in order to cover the costs associated with
trading activities with the Execution Venue. For very active Clients, such costs may
over time
exceed the value of the margin deposited. Normally, when trading margined derivatives,
the lower the percentage of the applicable margin rate, the higher the proportion of the
costs
associated with executing a transaction. Margined derivatives are derivatives such as
CFD’s that can be traded using a leverage of higher than 1:1.
6.11. The Client is specifically made aware that in the area of market making in foreign
exchange, OTC foreign exchange options, CFD Contracts and other OTC products,
significant implied
costs can arise as a consequence of the profits made by the Execution Venue performing
in its capacity as a Market Maker.
6.12. The Execution Venue’s performance as a Market Maker may negatively affect the
Client’s Account with the Execution Venue and the said implied costs are neither
directly visible
nor directly quantifiable for the Client at any time.
6.13. The Execution Venue is at no time obliged to disclose any details of its
performance or income produced as a Market Maker or otherwise related to other
commissions, charges and fees.
6.14. The Client is specifically made aware that CFD Contracts may be OTC products quoted
by the Execution Venue whilst operating as a Market Maker and not traded on a recognized
stock
exchange. As a result, the description above of the implied, not visible costs related
to the Execution Venue performance as a Market Maker may also apply to any CFD Contract.
6.15. Due to low liquidity and/or or high volatility and widened spreads, placing of
pending orders around some Economic Announcements may be restricted.
6.16. The Company reserves the right, at its sole discretion, to delete any Pending
Orders older than three (3) months from the Clients’ trading account(s). Pending Order
is a “Buy Limit”,
“Buy Stop”, “Sell Limit” or “Sell Stop” order, as per the Company’s Order Execution
Policy. Note: All Pending Orders on Shares CFDs and Commodities CFDs will be
automatically closed
during market breaks. In case any orders on the aforementioned assets are left pending,
they will be automatically deleted after the daily market closure time.
7. Become a Trader and Affiliate
7.1.You have now a possibility to join Virtual Real Estate Token as an Introducing broker, hereinafter
called (“Affiliate”). The membership is free in Virtual Real Estate Token. When you referring a client
you will
have the possibility to become an affiliate, from now on called (Affiliate), to become
an Affiliate is free.As a Affiliate, you also have the possibility to purchase the
products and
services that from time to time offers to You as a client, see more under the heading
“Available offers for the Client’s”. If you are a Affiliate, you are also allowed, but
is not
required to inform other people and companies about the products and services that Pro
Fx Live from time to time offers to all people and companies that become a Client of Pro
Fx Live.
The Affiliate is also allowed to refer and introduce new Affiliates to Virtual Real Estate Token.
Notice! You are only allowed to inform others about products and services that Pro Fx
Live from time to time offers to Virtual Real Estate Token clients.
To become a Client and/or an Affiliate, you must be at least 18 years of age and have
reached the age of majority in Your state of residence. When You apply to become a
Client,
you need to supply information about the Affiliate that has referred You to become a
Client. Please note that it is not possible to change the referring Affiliate afterward
so please
be careful that You write the correct link when applying to become a Client. To become a
Client, you must provide accurate, complete and updated registration information,
including an accurate name and email address.
Client’s may not
(i) select or use an email address of another person;
(ii) use a name subject to rights of another person without authorization from that
person;
(iii) use a false or misleading name, mailing address, or email address to activate or
use a Clients account.
By signing up as a Client with Virtual Real Estate Token, you as the Client is opting-in to receive
other special offer e-mails from Virtual Real Estate Token and ( Virtual Real Estate Token)’s partners that we from
time to time
cooperates with. If You do not wish to receive these e-mails, you may cancel Your status
as a Client at any time. Your Membership and status as an Affiliate are personal and,
you cannot
sell it or transfer Your account or status as a Affiliate without prior written consent
by Virtual Real Estate Token. Please also note that you can NOT change Affiliate when You have signed
up as a
Client.
Virtual Real Estate Token reserves the right to track Clients and Affiliate’s activity by both
IP-address as well as individual browser activity. Virtual Real Estate Token may reject Your Client or
Affiliate
registration or purchase without giving any reason for the rejection. These T&B are
on-going from the day when You become an Affiliate and will continue until terminated by
either You
or Virtual Real Estate Token according to what is stated in these T&B,.
Virtual Real Estate Token does not control the manner in which the Client and Affiliate perform under
these T&B and the Client and Affiliate shall, at all times strict follow the regulations
with these
T&B and all other policies governing ( Virtual Real Estate Token)’s relationships with the Client’s and
Affiliate’s. Virtual Real Estate Token makes no representations or promises about the amount of sales
or bonuses
on the Virtual Real Estate Token products or services that the Affiliate will be able to achieve.
Furthermore, Virtual Real Estate Token does not warrant and make representations or promises about the
Client will
earn or profit from the trading. that the Affiliate may is his or her own decision
purchase/trade.
The Client may in his or her own decision chose to purchase or deposit with Virtual Real Estate Token.
You (Affiliate) agree to take such steps as are reasonable to be familiar with national
and state
prohibitions on marketing through email, facsimile, and telephonic devices, and avoid
improper solicitation of business. You (Affiliate) agree to refrain from making
misleading or
improper representations concerning Virtual Real Estate Token products and services. You agree that
any payment by for any of Virtual Real Estate Token products such as but not limited to deposits and
the
Virtual Real Estate Token product, shall only be processed at billing facilities approved by Pro Fx
Live.
7.2. Rejection to become a Client or a Affiliate
Virtual Real Estate Token may reject Your application to become a Client or Affiliate without giving
any reason for the rejection.
7.3. Restricted countries
The following countries are restricted and, you are not allowed to become a Client or
Affiliate if you are resident, citizen from any of the following countries:
Afghanistan, Belize, Cuba, Iran, Islamic Republic of Iraq, North Korea, USA, South
Sudan, United Arab Emirates, St. Vincent and Grenadine, Canada and Syria.
7.4. Access to back office
As an Affiliate in Virtual Real Estate Token, you will be allowed to log in at Your back-office at the
website https://Profxlive.com, the (“Back- Office”). In the Back-Office You will find
information
about Virtual Real Estate Token and the products or services that Virtual Real Estate Token from time to time offers
to all Clients. From Your Back-Office, you will also be able to purchase the products
and services
that Virtual Real Estate Token from time to time offers.
7.5. E-Mail: Electronic Notification
When You are approved as a Affiliate with Virtual Real Estate Token, You expressly consent to receive
any notices, announcements, agreements, disclosures, reports, documents, communications
concerning
new products, services, or other records or correspondence from Virtual Real Estate Token. You consent
to receive notices electronically by way of transmitting the notification to You by
email.
7.6. Introduce and Refer Clients and Affiliate
As an Affiliate, you can introduce and refer new Client’s and Affiliates to Pro Fx
Live.PLEASE NOTE THAT Virtual Real Estate Token DOES GIVE REWARDS, BONUS, COMMISSION OR COMPENSATION,
FOR REFERRING NEW
CLIENTS OR AFFILIATES TO Virtual Real Estate Token.The only way You, as an Affiliate can be rewarded
is if You or any of the Affiliate’s You have direct or indirect referred to Virtual Real Estate Token
acquires
any product or services from Virtual Real Estate Token.
7.7. Solicitation, earnings and advice Disclaimer
Virtual Real Estate Token is not responsible for any errors or omissions contained in any disseminated
content at the Website, nor liable for any loss incurred as a result of using the
content of the web
page in any way. Virtual Real Estate Token has not solicited You, nor give You any personalized
investment advice. Virtual Real Estate Token’s employees will answer Your general customer service
questions. Anyway,
they will not give you specific investment advice, as they are not licensed under
securities laws to deal with Your particular investment situation.
they will not give you specific investment advice, as they are not licensed under
securities laws to deal with Your particular investment situation.
Communication by our employees is only in effect to give you technical support. Provided
Information on the website should not cause to make investment decisions. Furthermore
Virtual Real Estate Token
has not made any statement, warrants or guarantees that You will earn any money on any
purchased product or services from Virtual Real Estate Token and the result of the trading is a result
outside
the control of Virtual Real Estate Token and You will get the result according to these T&C. Before
You decide if you want to apply to become a Client or Affiliate of Virtual Real Estate Token and then,
by Your own
decision, decide whether You want to purchase any product or service from Virtual Real Estate Token,
you should consult competent, professional help and read all available information or
public company
information in regard to Virtual Real Estate Token. If the information You find contains predictions,
expectations, beliefs, plans, assumptions or future income potential, this may not be
statements
of historical fact and may be “forward-looking statements“. Forward-looking statements
are based on expectations, estimates and projections at the time the statements are made
that involve
a number of risks and uncertainties which could cause actual results to differ
materially from those presently anticipated. Most forward-looking statements include
using the following
words: “expects“, “will“, “anticipates“, “estimates“, “believes“, “may“, “could“, or
“might“.
8. Proprietary rights and Trademarks
All content included on the website profxlive.com, hereinafter called the (“Website”),
including the brand Virtual Real Estate Token any variation of the brand Virtual Real Estate Token, videos,
graphics, designs,
text, pictures, applications, software and other files are the proprietary property of
Virtual Real Estate Token, hereinafter called (“Proprietary Property”) and belongs to Virtual Real Estate Token. You
may not
modify, copy, distribute, frame, republish, display, post, transmit, download or sell
any Proprietary Property, in any form or by any means, in whole or in part, without Pro
Fx Live’s
prior written consent. You may not upload or republish Proprietary Property on any
Internet, Intranet or Extranet site or incorporate the information in any other database
or compilation.
Any use of the Proprietary Property without the prior written consent from Virtual Real Estate Token,
is strictly prohibited and will terminate Your rights as a Affiliate and any unpaid and
future
Bonuses according to these T&C will be forfeited and legal proceedings may be taken
against You. Such unauthorized use may also violate applicable laws including copyright
and trademark
laws and applicable communications regulations and statutes. Unless explicitly stated
herein, nothing in these T&C shall be construed as conferring any license to
intellectual property
rights, whether by implication or otherwise.
8.1. Trademarks : The names Virtual Real Estate Token that are used in graphics, logos, designs, page
headers, button icons, scripts and service names are registered trademarks of Pro Fx
Live, hereinafter called
(the “Trademarks”). All rights are reserved. All such Trademarks may not be copied or
used in any manner without the prior written consent of Virtual Real Estate Token. You hereby declare
that You are
familiar with Virtual Real Estate Token’s Proprietary Property and are not permitted to file for
registration any of the Proprietary Property, including names, tag-lines, slogans,
trademarks, logos,
designs, domain names, imagery, or copyrighted material substantially similar to Pro Fx
Live’s Proprietary Property.
8.2. Advertising :
You are prohibited, without prior written consent by Virtual Real Estate Token, from advertising in
any way, shape or form that includes the names OmegaPro or any variation thereof. This
includes, but
is not limited to advertising, promotions of any kind or any advertising links in social
forums, such as but not limited to blogs, social forums or other marketing methodology
designed
to promote to become an Affiliate of Virtual Real Estate Token. However, you are allowed to use
marketing material that can be found in Your Back-Office, including your referrer link
as a Affiliate to
promote the possibility to become a Affiliate of Virtual Real Estate Token for any of the products or
services that Virtual Real Estate Token from time to time offer the Affiliate’s, in places that are
directed to
your personal known friends and contacts, the so-called warm market.
8.3 Anti-Spam Policy :
Virtual Real Estate Token prohibits the marketing practice commonly referred to as “Spam”. All
messages that originate from You as an Affiliate must comply with all applicable laws in
Your jurisdiction
as well as with general spam regulations. In the event of any validated report of “Spam”
by You, Virtual Real Estate Token may, at its sole discretion and without prior notice, terminate or
suspend Your
Affiliate account, and in the case of termination, you will forfeit any unpaid and
future bonuses and future trading. Virtual Real Estate Token defines “Spam” as: Electronic mail
messages addressed to
a recipient with whom the initiator does not have an existing business or personal
relationship or is not sent at the request of, or with the express consent of, the
recipient; Messages
posted to forums and message boards that are off-topic (unrelated to the topic of
discussion), cross-posted to unrelated newsgroups or forums, or posted in excessive
volume;
Solicitations posted in forums, on walls, private messaging or chat rooms, or to groups
or individuals via Chat or “Instant Messaging” system; OmegaPro will evaluate each
validated abuse
incident on a caseby- case basis and will, at its sole discretion and with or without
notice, suspend Your account and/or terminate it, with forfeiture of any unpaid and
future Bonuses
. Note that You agree and accept that Virtual Real Estate Token will not be liable for any damages
incurred in relation to e-mails sent out by You as an Affiliate. The Affiliate is
required to be
responsible for their communications and their conformance to these T&C.
9. Privacy Policy :
Privacy is important for us. To better protect Your privacy, we provide this notice
explaining our online information practices and the choices You can make about the way
Your information
is collected and used. You agree to these policies by virtue of using the Website in a
way that leads to you providing us with personal information. State Law & policy;
Accompanying Rights,
please understand that You may have additional rights originating from State laws based
on where you live. These State-based rights may augment, strengthen, or otherwise
somehow compliment
any privacy rights you have inherently or under Federal law. Our policy is to comply
fully with the privacy policies of every jurisdiction in which we operate. Accordingly,
you are free to
use our Contact information to reach us at any time to assert any State rights.
10.Due to the protection of Virtual Real Estate Token
Virtual Real Estate Token can at any time, at their own decision, ask You to provide a copy of Your
passport and a copy of a utility bill that is not older than
90 days and shows Your address. This request is called (“KYC Request”). You are aware
and accepts that You will be asked to provide accepted KYC documents before You can
exchange any
points and other bonuses to cash to a third party that is licensed to handle such
information and make any payment in cash. If a KYC Request is required, then You will
not be able to
exchange any points or other bonuses to cash until You have provided acceptable
documents.
11. Violation of the T&C :
If You violate these T&C or if You act in a way that Virtual Real Estate Token thinks is not
appropriate or if You misuse any of the information given to You prior to disclosed to
the public or in any
way misrepresent Virtual Real Estate Token, slander, spread gossip, make statements or otherwise say
or write things that can harm the reputation of OmegaPro or OmegaPro as a company or any
employees,
consultants, third party suppliers or individuals associated with Virtual Real Estate Token, You are
aware that Virtual Real Estate Token can suspend and/or terminate Your status as a Client and
Affiliate and also
reserves the right to take legal action against You for any damage You have caused Pro
Fx Live.
11.1. Suspending You as a Affiliate :
If You breach these T&C or if Virtual Real Estate Token suspect that You breach these T&C, Virtual Real Estate Token
can suspend You as a Client and Affiliate which means that Virtual Real Estate Token will temporarily
disable
Your access to the Back-Office and temporarily disable Your access to all content, news,
and possibility to have any benefit from any product or service you may have purchased
until
Virtual Real Estate Token takes a final decision to either terminate or resuming Your status as a
Client or Affiliate. Termination of Your status as an Affiliate will have consequences
that can be found
under the section “Termination of Your status as a Affiliate”. Resuming Your Affiliate
status will restore Your access to the Back-Office services and to all information that
You were
entitled to see before the suspension. If You are suspended, Virtual Real Estate Token also reserves
the right to freeze Your Bonuses and Points until the investigation is finalized. Please
note that
in case You are suspended as a Client and Affiliate You will not be allowed to refer any
new Clients to Virtual Real Estate Token. During the time of suspension, you will NOT be allowed or
entitled to
any bonus, trading output, nor will you be compensated in arrears for any loss of any
kind, including but not limited to loss of bonuses or trading outputs.
11.2.Termination of Your status as a Affiliate :
You can at any time terminate Your status as a Client and Affiliate by sending an e-mail
to info@profxlive.com. Virtual Real Estate Token can at any point decide to terminate Your status as a
Client
and/or Affiliate without giving any reason for the termination. The termination will be
effective immediately. Virtual Real Estate Token reserves the right to terminate Your status as a
Client and
Affiliate in order to comply with applicable laws, protect its property or the property
of others, ensure the safety of Virtual Real Estate Token and others or if Virtual Real Estate Token reasonably
determines
that a registrant has or is likely to engage in any activity that violates these T&C for
Clients and Affiliate. Once the termination has been carried out, this is displayed on
the start
page in the back-office of the Affiliate. Virtual Real Estate Token will also send You an automatic
notification of termination by e-mail to the email address that You have registered with
Virtual Real Estate Token.
In the event of termination, will any trading be reimbursed and in case of any made
prepayment, the prepayment will be reimbursed.
12. Legal Actions :
In the event of any violation or breach of these T&C, Virtual Real Estate Token without prejudice to
any other rights and remedies at law or in equity, reserves the right to take any action
it deems
appropriate, including but not limited to issuing warning letters, suspending or
terminate You as a Client and Affiliate and pursue litigation or other legal actions.
Furthermore,
Virtual Real Estate Token has zero tolerance for unprofessional behavior that can in any way, shape or
form directly or indirectly harm Virtual Real Estate Token or the companies that Virtual Real Estate Token from time
to time
cooperates with. Legal action will be taken against those Clients and Affiliates for any
loss of income or any other damage or financial loss caused to the Virtual Real Estate Token or the
companies
that Virtual Real Estate Token from time to time cooperates with. Any Affiliate caught smearing the
name of OmegaPro – whether it’s directly or indirectly – or in any way misrepresents Pro
Fx Live or
the companies that Virtual Real Estate Token from time to time cooperates with will also be subject to
legal action from Virtual Real Estate Token and/or the companies that Virtual Real Estate Token from time to time
cooperates
with. Virtual Real Estate Token shall be the sole determiner in cases of suspected abuse, fraud,
violation of its rules, unprofessional behavior, smearing or misrepresenting Pro Fx
Live. Any decision
Virtual Real Estate Token makes relating to the cancellation of potential Bonuses and the suspension
or termination of the status as an Affiliate shall be final and binding.
12.1. Forfeit of Bonuses and Trading :
If the Affiliate loses the status of a Client or Affiliate due to a violation of these
T&C or if the Affiliate does not provide acceptable documents according to a KYC Request
within
2 weeks from the KYC Request was sent to You, see more under the heading “Know Your Client”,
all rights to current and future bonuses including entitled rewards and bonuses that are in
the Points Account are forfeited and the Affiliate cannot claim any right to the forfeited
bonuses, points or rewards.
12.2. Withhold of Bonuses and trading result :
If the Affiliate for any reason whether it is a fault from Virtual Real Estate Token, hacker attack or
otherwise, receives more bonus, commission or result from the trading, you agree and
accept that
Virtual Real Estate Token deducts not withdrawn bonuses as well as withholds any future trading
result, bonuses, commission or other rewards according to the bonus and reward system.
12.3. Limitations Waiver of Liability :
You acknowledge and agree that, to the fullest extent permitted by any applicable law,
you will not hold any employees, consultants, third party suppliers or individuals
associated with
Virtual Real Estate Token liable for any and all damages or injury whatsoever caused by or related to
use of, or inability to use the Virtual Real Estate Token Website and back-office under any cause or
action
whatsoever of any kind in any jurisdiction, including, without limitation, actions for
breach of warranty, breach of contract or tort (including negligence) and that none of
the third
parties or individuals associated with Virtual Real Estate Token shall be liable for any indirect,
incidental, special, exemplary or consequential damages, including for loss of profits,
goodwill or
data, in any way whatsoever arising out of the use of our products. You further
specifically acknowledge that the third parties or individuals associated with OmegaPro
are not liable, and
you agree not to seek to hold any of the third parties or individuals associated with
Virtual Real Estate Token liable, for the conduct of third Parties, including trading, and that the
risk of
trading rests entirely with you. Virtual Real Estate Token reserves the right to assume the exclusive
defense of any claim for which OmegaPro is entitled to indemnification under this
section. In such
event, you shall provide Virtual Real Estate Token with such cooperation as is reasonably requested by
Virtual Real Estate Token.
13. Legal, Tax and Compliance :
You are subject to all laws of the state, province and/or country in which You reside
and from which You access Virtual Real Estate Token’s website and You are solely responsible for
obeying those laws.
The Affiliate is not an employee of Virtual Real Estate Token, nor any associated company and must not
claim to be so. The Affiliate is responsible for all taxes and fees based on all the
bonuses,
points, trading outputs, FIAT currency or cryptocurrencies received from the bonus
system of Virtual Real Estate Token. In case that OmegaPro will be liable for any tax or fee based on
your bonuses,
points, Promotion Codes, mined trading output and other remunerations to You as a
Affiliate, you agree and accept to indemnify and hold Virtual Real Estate Token harmless for this and
accept that
Virtual Real Estate Token can claim liability and withhold already generated and future bonuses,
points, trading outputs and future trading outputs, Promotion Codes and other
remunerations to cover any
payment of taxes or fees for the Affiliate. Virtual Real Estate Token prefers that the Affiliate apply
to become an Affiliate as a corporation. If any government entity determines Affiliate
is subject
to wage withholding, the Affiliate agrees to form a corporation or to execute such
paperwork or take such actions as is reasonable to establish that the Affiliate is not
an employee of
Virtual Real Estate Token or Virtual Real Estate Token will have the right to terminate Affiliate agreement
forthwith upon written notice. If the Affiliate forms a corporation, then upon request
by Virtual Real Estate Token the
Affiliate shall provide documentation that a corporation has been formed and is in good
standing with government entities. If the Affiliate forms a corporation, then all
commissions
under these T&C from Virtual Real Estate Token to the Affiliate shall be made payable to the
Affiliate’s corporation. Otherwise, payments shall be made payable to the trade or
business name of the
Affiliate. If any government or authority demands that OmegaPro pays a tax, fee, social
insurance, VAT on Your purchased product or service or insurance contribution on behalf
of the
Affiliate or in regard to the product and/or services the Affiliate has purchased from
Virtual Real Estate Token, you agree that Virtual Real Estate Token withhold these taxes and fees from You from
already received
and future bonuses, promotion codes and trading outputs. If OmegaPro suspects that You
breach against any law e.g. use a stolen credit card or otherwise makes a fraud or an
attempt to
fraud, Virtual Real Estate Token can with immediate effect suspend Your status as a Affiliate, block
all Your bonuses and take other legal action against You without further notice. You
agree that
Virtual Real Estate Token cannot be held liable if laws applicable to You restrict or prohibit Your
participation. Virtual Real Estate Token makes no representations or warranties, implicit or explicit,
as to Your
legal right to offer the products that Virtual Real Estate Token from time to time offers, nor shall
any Affiliate, or claiming affiliation, with Virtual Real Estate Token have authority to make any such
representations or warranties. Virtual Real Estate Token reserves the right to monitor the location
from which You access Virtual Real Estate Token’s Websites and to block access from any jurisdiction
in which
participation is illegal or restricted.
13.1. General Notice:
As a Client and Affiliate, you hereby accept and warrant that You have an understanding
of the usage and intricacies of cryptographic tokens, such as USDT (Crypto dollar) and
other block
chain-based software systems. Furthermore, you accept and warrant that You are legally
permitted to trade, direct or indirect via a third party as Virtual Real Estate Token, in Your
jurisdiction.
You also accept and warrant that You waive Your right to participate in a class action
lawsuit or a wide-reaching arbitration or court case against Virtual Real Estate Token or any entity
affiliated,
private individuals, employees, consultants, third party suppliers or other people or
entities associated or connected with Virtual Real Estate Token. You further accept and warrant that
You take
sole responsibility for any restrictions and risks associated with the trading. Further,
you accept and warrant that You are not exchanging cryptocurrencies or FIAT Currency for
the
purpose of speculative investments, nor for any illegal purpose within your
jurisdiction. You accept and warrant that you understand that there is no guarantee
whatsoever on trading, to
the extent permitted by law.
13.2. Disclaimer of Warranties :
You expressively agree that You is trading at Your sole risk and that trading on an “as
is” basis without warranties of any kind, either expressed or implied, including, but
not limited
to, warranties of title or implied pledges, merchantability or fit for a particular
purpose (except only to the extent prohibited under applicable law with any legally
required warranty
period to the shorter of thirty days from first use or the minimum period required).
Without limiting the foregoing, none of third parties or individuals associated with the
generation
warrant that the process for purchasing trading will be uninterrupted or error-free.
13.3. Availability, Viruses, Warranty Disclaimer :
Due to the nature of the Internet and computer systems, Virtual Real Estate Token cannot be held
liable for the continuous availability of the Website. Although Virtual Real Estate Token makes every
endeavor to keep
the Websites accessible and free from viruses, Virtual Real Estate Token cannot make any guarantee
that it is virus-free. You shall, for Your protection, take the necessary steps to
ensure
appropriate security measures and shall utilize a virus scanner before downloading any
information, software or documentation. The Virtual Real Estate Token website may be unavailable from
time
to time for maintenance or other reasons. Virtual Real Estate Token assumes no responsibility for any
error, omission, interruption, deletion, defect, delay in operation or transmission,
communications
line failure, theft or destruction or unauthorized access to, or alteration of, user
communications or content. Virtual Real Estate Token is not responsible for any technical malfunction
or other
problems of any telephone network or service, computer systems, servers or providers of
any of the before mentioned, computer or mobile phone equipment, software, on account of
technical
problems or traffic congestions on the internet or at the Virtual Real Estate Token website, including
injury or damage to User’s or to any other person’s computer, cell phone or other
hardware or
software, related to or resulting from using or downloading materials in connection with
the Websites. All information and services included in or available through the Websites
are
provided “as is” and “as available” for Your personal, non-commercial use. Neither Pro
Fx Live, nor any of its employees, agents, content providers, service providers, or
licensors, makes
any warranty of any kind regarding the website and/or the content contained therein, the
products or services available on or through the website, the results that may be
obtained from
using the Websites. Virtual Real Estate Token disclaims all warranties of any kind, either express or
implied, including, but not limited to, implied warranties of merchantability, fitness
for a
particular purpose or non-infringement. Virtual Real Estate Token expressly disclaims all warranties
that the content of the website is accurate, reliable or correct; that the website will
be available
at any particular time or location, will be uninterrupted, timely, secure or error-free;
that any defects or errors will be corrected; or that the content is free of viruses or
other
harmful components. Your use of the Virtual Real Estate Token website is solely at Your risk. You
download or otherwise obtain content, material data or software (including any mobile
user) from or
through the Virtual Real Estate Token website or service at Your own discretion and risk and You will
be solely responsible for Your use thereof and any damages to Your cell phone or
computer system,
loss of data or other harm of any kind that may result. Because some jurisdictions do
not permit the exclusion of certain warranties, these exclusions may not apply to You.
To the extent
that we may not disclaim implied warranties as a matter of applicable law, the scope and
duration of such warranty shall be the minimum required under such applicable law.
13.4. Statute of Limitations :
Regardless of any statute or law to the contrary, any claim or cause of action arising
out of or relating to these T&C must be filed within six (6) months after such claim or
cause of
action arose or be forever barred.
14. Miscellaneous
No delay or omission by any of the parties in exercising any right under these T&C shall
operate as a waiver of that or any other right. A waiver or consent given by the other
party
on any one occasion shall be effective only in that instance and shall not be construed
as a bar or waiver of any right on any other occasion. Captions contained in these T&C
are inserted
only as a matter of convenience or for reference and in no way, define, limit, extend,
or describe the scope of the T&C or the intent of any provision of the T&C. It is the
intent of the
parties that neither the T&C, nor any covenant in the T&C, shall be construed against
either party pursuant to the common law rule of construction against the drafter. It is
the intent
of the parties that said rule not be applicable to the T&C. The parties waive all rights
to trial by a court in any action or proceeding instituted in connection with T&C. If
any provision
of the T&C shall be held invalid or unenforceable by any court of competent jurisdiction
or as a result of future legislative action, such provision shall be enforced to the
maximum extent
permissible so as to give effect to the parties’ intentions as reflected in the
provision, and all other provisions of the T&C shall remain in full force and effect.
In the event of a dispute arising out of or relating to T&C, the prevailing party shall
be entitled to an award of attorneys’ fees and costs. The T&C is personal to You and may
not be
assigned or subassigned. This includes but is not limited to, sell, transfer, pledge or
give power of attorney to any rights or obligations according to these T&C. In the event
that any
provision of these T&C shall be invalid, illegal or otherwise unenforceable, the
validity, legality, and enforceability of the remaining provisions shall in no way be
affected or impaired
thereby. Nothing in these T&C provides the Affiliate with the right, license,
authorization or approval to make binding agreements with any person or entity on behalf
of Virtual Real Estate Token.
Furthermore, the Affiliate is not authorized to receive or collect money from any person
on behalf of Virtual Real Estate Token. All payments must be made direct to Virtual Real Estate Token to be a valid
payment.
These T&C, the Virtual Real Estate Token Privacy Policy, as well as all other terms, obligations, and
rules posted on the Websites, which are hereby incorporated by this reference.