EZYFX Limited., operating under the trading name EZYFX, having its registered address at S.I.P. Building, P.O Box 3010, Rue Pasteur, Port Vila, Vanuatu, registration number 17925, hereinafter collectively referred to as “EZYFX”, we”, or “us”, is authorised and recognized by Vanuatu FSC as one of the Registered Financial Service Provider (FSP).
“The Site” shall refer collectively to ezyfx.la website and its available language versions and domain names.
“Client” shall refer to any person or entity who registered an account at the Site, or who is using, visiting or otherwise accessing the Site.
This document is a disclosure by EZYFX Limited, of the potential risks involved in trading on financial markets. The document cannot and does not disclose all risks and all other considerable aspects inherent in trading on financial markets. The client should first and foremost be aware of the potential losses related to this activity.
The client hereby acknowledges, understands and agrees that:
Trading is highly speculative and risky
Trading CFDs or any other derivate product is highly speculative, involves a high-degree of risk of loss and may not be appropriate for all clients, but only for those clients who:
- — Understand and are willing to assume the economic, legal and other risks and costs involved;
- — Have knowledge and experience in trading in derivatives and in underlying asset types, as well as enough time to manage their investment in an active basis; and
- — Are able to assume financial losses significantly in excess of margin or deposits as clients may lose the total value of the contract not just the margin or the deposit.
The client is the only responsible person for all the losses suffered in his account. Therefore, the client should be prepared that he may lose all of his investments. Clients are advised not to invest money they cannot afford to lose.
Through EZYFX Limited clients can trade CFDs on forex (FX), spot metals, futures and shares.
- 1. Product description
- 2. Performance
- 3. Leverage (Gearing)
- 4. Major Risks Associated with CFDs Transactions
- 5. Off-Exchange Transactions in Derivatives
- 6. Counterparty Risk
- 7. Stop Loss Limit
- 8. Liquidity Risk
- 9. Execution Risk and Underlying Market Volatility
- 9.1 Technical Risk
- 9.1.1 Clients shall assume the risk of financial loss caused by the failure of information, communication, electronic and other systems.
- 9.1.2 When executing trading operations through the Site, the client shall assume the risk of financial loss or damage from any cause or fault whatsoever, including but not limited to the failure of hardware and software (Servers/ Internet), improper functioning and operation of client's equipment, delayed client terminal updates, wrong settings in client‟s terminal, client‟s ignorance of the applicable rules described in the MetaTrader4 User Guide. The result of any such failure may be that client‟s orders are either not executed or are not executed according to his instructions.
- 9.2 Communication
A Contract for Difference (CFD) is an agreement to buy or sell a contract that reflects the performance of, including among others, FX, precious metals, futures and shares; the profit or loss of is determined by the difference between the price the CFD is bought at and the price the CFD is sold at and vice versa. CFDs are traded on margin and no physical delivery of either the CFD or the underlying asset is occurring. When buying, for instance, CFDs on shares, clients are just speculating on the value of the share to either increase or decrease.
The types of CFDs include, but are not limited to FX CFDs, Futures CFDs, Option CFDs, Share CFDs and Stock Index CFDs.
CFDs fluctuate in value during the day. The price fluctuations of CFDs depend on a number of factors including but not limited to availability access to market information.
CFDs are leveraged products. They offer exposure to the markets while requiring clients to only put down a small margin (deposit) of the total value of the trade. CFDs allow traders to take benefit from prices moving up (take long positions) or prices moving down (take short positions) on underlying assets.
Past performance of CFDs does not constitute a reliable indicator of future results.
When executing trading operations under margin trading conditions, even a small market movement may have a great impact on client‟s trading account due to the effect of leverage (or „gearing‟ as it is also referred to). This means that a relatively small market change may lead to a proportionately much larger change in the value of client‟s position either favourably or unfavourably. Greater leverage involves greater risk. The size of leverage therefore partly determines the result of the investment
As CFDs are leveraged products, they carry a higher level of risk to client‟s capital as compared to other financial products and can result in large losses. The value of CFDs may increase or decrease depending on the market conditions.
The client hereby acknowledges, warrants and agrees that he understands these risks, is willing and is able, financially and otherwise, to assume the risks of trading CFDs. The client shall hold full responsibility for all risks and financial resources used, as well as the chosen trading strategy.
We recommend maintaining a Margin Level no lower than 1,000%, as well as placing Stop Loss orders to limit potential losses. EZYFX Limited reserves the right to decrease the leverage depending on client‟s trading volume.
When clients trade CFDs with EZYFX Limited, clients will be entering into an off-exchange (OTC) derivative transaction, by placing their orders through the trading platform of EZYFX Limited. These OTC transactions could involve greater risk than investing in on-exchange derivatives as there is no exchange market on which to close out an open position. The client must open and close a position with EZYFX Limited that is not transferable to any other person. In this case, the client may be exposed to the risk of EZYFX Limited default.
A counterparty risk refers to the risk of default of one party in a particular transaction and its inability to meet its financial obligations. EZYFX Limited holds clients‟ money in an account that is segregated from other clients‟ and EZYFX Limited‟s money, in compliance with current regulations but this may not afford complete protection.
Clients understand that there may be cases in which a Stop Loss limit is ineffective, for example, where there are rapid price movements or market closure, and Stop Loss limits cannot always prevent clients from losses.
Clients should take into consideration that some financial instruments may not become immediately liquid due, for example, to reduced demand and clients may not be able to trade them quickly enough to prevent a possible loss, or to easily obtain information on the value of these financial instruments or the extent of the associated risks.
CFDs and other financial derivative products are instruments that allow clients to trade on price movements in underlying instruments/ markets. Although we offer our own prices at which clients trade CFDs, EZYFX Limited's prices are derived based on the underlying instruments/ markets.
Clients should understand and take into consideration that the fluctuation of the underlying instrument may have effect on the value of the derivative product and can affect client profitability.
Under certain circumstances clients' trades may not take place immediately. Clients should be aware of “gapping” (time lag) where such events can result in a significant profit or loss on their accounts. Such “gapping” may occur when the underlying instrument/ market is open and when it is closed, or if there is a time lag between the moment the client places its order and the moment the order is carried out. During this period, the market conditions might have moved unfavourably for the client. That is, the order is not carried out at the requested price.
EZYFX Limited does not accept any liability in the case of such a failure. The use of wireless or dial-up connection or any other form of unstable connection at the client‟s end, may result in poor or interrupted connectivity or lack of signal strength causing delays in the data transmission between us and the client when using EZYFX Limited's
Electronic Trading Platform. The delay may cause sending to EZYFX Limited orders that are out of date (at old prices).
- 9.2 Force Majeure Events
— We bear no responsibility for any loss that arises as a result of delayed or un-received communication sent to clients by EZYFX Limited
— In addition, we bear no responsibility for any loss that arises as a result of unencrypted information sent to clients by EZYFX Limited that has been accessed via unauthorised means.
— We bear no responsibility for any un-received or unread internal messages sent to clients through the trading platform.
— The client is solely responsible for the privacy of any information contained within the communication received by EZYFX Limited.
— Additionally, the client accepts that any loss that arises as a result of unauthorised access of a third party to his trading account is not the responsibility of EZYFX Limited.
In case of a Force Majeure event the client shall accept any loss arising.
All applicable costs, commissions and fees will be provided to clients by EZYFX Limited or published on the Site. Clients should be aware of such costs, commissions and fees that may be charged and influence the account profitability of the client. All such costs, commissions and fees may be complex to calculate and may be more significant than the gross profits from a trade.
Not all costs are represented in monetary terms (for instance, costs may appear as a percentage of the value of a CFD). EZYFX Limited reserves the right to change, from time to time, any of the costs applicable to trading CFDs and clients understand and agree that the most up-to-date information in relation to costs is available online at the Site.
A swap is the interest added or deducted for holding a position open overnight. Depending on the position held and the interest rates of the currency pair involved in the transaction a client‟s trading account may either be credited or debited, accordingly. Clients‟ trading accounts are reconciled every day at 23:59:31 (our server time) and the resulting amount shall be automatically converted into the currency that client‟s trading account is denominated in.
EZYFX Limited reserves the right to change the level of the swap rate on each financial instrument at any time and clients understand and acknowledge that they shall stay informed about that through the Site. Clients further agree that they will stay informed of the applicable swap value by regularly checking the Site. In addition, clients are responsible for checking the applicable swap value prior to placing an instruction for trading.
Although investing in CFDs does not involve taking physical delivery of the underlying financial instrument independent tax advice should be sought, if necessary, to establish whether the client is subject to any tax, including stamp duty. It is client‟s sole responsibility to obtain such information and comply with it accordingly.
The client hereby acknowledges and declares that he has read, understood and accepts without any reservation all the information herein including without limitation the following:
— Financial instruments in foreign markets could involve risks different from the usual risks in the market at the client‟s country of residence. The prospect of profit or loss from transactions in foreign markets is also influenced by fluctuations of the exchange rate.
— When a financial instrument is negotiated in a currency other than the currency of the client‟s country of residence, any changes in an exchange rate may affect in a negative way the value, price and performance of the financial instrument.
— The value of a financial instrument may decrease and the client may receive less money than invested or the value of the financial instrument may be highly fluctuating. There is a possibility that client‟s investment become of no value.
Governing the Access to the Website and the Online Trading Environment
Ezyfx.la website and its available language versions and domain names (collectively “the Site”) represents a web-based project, designed and implemented by EZYFX Limited., whose registered address is at S.I.P. Building, P.O Box 3010, Rue Pasteur, Port Vila, Vanuatu.
Site partners are third-party service suppliers or information providers with whom EZYFX
The Content is the layout and all content, including but not limited to text, software, sound,
images, photographs, video, charts/graphs or other materials contained on the Site or in
commercially produced information presented through the Site by EZYFX Limited, its
affiliates and Site Partners.
User is any person or entity visiting, using, or otherwise accessing the Site.
Please read these terms and conditions before accessing the content of the Site or using any services or products provided by it. In case you do not agree with all of the terms and conditions specified here (and subject to change without prior notice) please do not access the Site.
By accessing, using, exploring, consulting the website and downloading Content via a browser you agree to be bound by the terms and conditions expressed below.
The products and services presented on the Site are not intended for any person(s) who, based on their nationality, place of birth, domicile or for any other reasons, is (are) subject to legal provisions that prohibit foreign financial services providers from engaging in business activities in these jurisdictions, or which prohibit or restrict natural persons or legal entities from accessing the websites of foreign financial services providers.
Where EZYFX Limited is not authorized by the supervisory authority of a certain country, EZYFX Limited can as a general rule not promote financial services in that country.
In particular, EZYFX Limited is not authorized by the supervisory authorities of the USA, the Democratic People’s Republic of Korea, Haiti, and Suriname. If Users are domiciled in any of these countries, they confirm that they access the Site on their own initiative and without any solicitation from EZYFX Limited.
Ownership of the Site
The Site is the exclusive property of EZYFX Limited. EZYFX Limited’s proprietary rights shall not be altered in any way by any reproduction or use of the website.
All of the trademarks, service marks, and logos displayed on the Site are registered and unregistered trademarks of EZYFX Limited, its affiliates, or Site Partners who have licensed their trademarks to EZYFX Limited or some of its affiliates or subsidiaries.
Additionally, the layout and all content, including but not limited to text, software, sound, images, photographs, videos, charts/graphs, or other material contained on the Site or in commercially produced information presented through the Site by EZYFX Limited, its affiliates or Site Partners (collectively “The Content”) is protected by copyright, patents or other proprietary agreements and laws and you are only permitted to use Content as expressly authorized by EZYFX Limited, its affiliates or its licensors.
Nothing contained herein transfers any rights, title or interest in the Site or the Content to you as a User. You are allowed to view, download, copy, and reproduce Content subject to the following conditions:
- 1.) The Content may be used for personal, non-commercial purposes only;
- 2.) Any and all copyright, trademark or other proprietary rights notices must appear on all copies, including the copyright notice at the bottom of the Site pages.
- 3.) The Content may not be altered or modified in any way.
- 4.) No diagrams, graphics or charts shall be used separate from the accompanying text.
Except as provided above Users may not use, download, upload, copy, display, perform, reproduce, publish, print, license, post, transmit, frame, mirror on another web service, use any meta tags, inline any graphics or distribute any Content from the Site, either in whole or in part without having received permission from EZYFX Limited in writing.
Any rights not expressly granted herein are reserved. By copying or reproducing information available on the Site you do not acquire any rights; all rights are retained by EZYFX Limited, its affiliated or Site Partners. Users of the Site are prohibited from using anywhere other than on the Site and from copying in any way whatsoever software or other tools that are available through the Site.
No Offer or Advice Disclosure
All the information provided on the Site, including but not limited to technical analyses, equations and other financial results available to users via tools that are available through the Site, is provided for information purposes only
The Site does not constitute an offer to sell or a solicitation of an offer to buy any product or service that may be referenced on or through the Site. The Site does not constitute an offering or recommendation by EZYFX Limited of any product or service. Opinions expressed on the Site may change at any time and EZYFX Limited maintains no duty or obligation to update information pertaining to specific products. EZYFX Limited does not provide any investment advice through the Site and users agree that the Site will not be used by them for such purposes.
All of the investment decisions users take shall be based exclusively on their own assessment and their personal interpretation of the information available on or through the Site. The users are solely responsible for such decisions.
Investment in securities featured on the Site are subject to risk. The price of securities may go down as well as up. Fluctuations in foreign exchange rates can also alter the value of securities. The future performance of a security cannot be guaranteed by past performance. It is therefore possible that users do not get back the amount they invest. WE STRONGLY RECOMMEND THAT USERS PROFESSIONAL ADVICE BEFORE TAKING INVESTMENT DECISIONS.
Exclusion of Liability
Neither EZYFX Limited, its directors, officers, employees, agents or shareholders, nor Site Partners, their directors, officers, employees, agents or shareholders will assume ANY LIABILITY FOR ANY LOSS OR DAMAGES WHATSOEVER, be those direct or indirect, incurred as a result of accessing the Site or using the information and services available on the Site, or as a result of the inability to access or use any information or services available on or through the Site.
In particular, it is expressly stated that IN NO EVENT WILL EZYFX LIMITED, its directors, officers, employees, agents or shareholders BE LIABLE FOR ANY LOSS OR DAMAGES incurred as a result of errors, technical or otherwise, transmission failures, system overloads, usage problems, interruptions in services (including but not limited to system maintenance services), any delay in the transmission of information, incompatibility between the website and your files and/or software (in particular user browsers) and/or computers, malfunction, interference, the transmission of a virus onto user computers, unauthorized access (such that may result from hacking or piracy activities, etc.), the wilful blocking of telecommunications tools or networks, or any other failure or inadequacy on the part of telecommunication or network service providers.
Disclaimer of Warranty
EZYFX Limited and Site Partners aim at providing complete, accurate and up-to-date status of the data. Nevertheless, they do not guarantee or warrant, either expressly or implicitly, the quality, pertinence, accuracy, completeness, update status, availability or legality of the information published on the Site, transmitted to Users or obtained via tools that are available through the Site. Additionally, real-time information is obtained from what is believed to be a reliable source, but cannot be guaranteed
Furthermore, information may be changed at any time without any prior notice being required.
EZYFX Limited, its directors, officers, employees, agents or shareholders may have or have had business relationships or other forms of dealings with companies whose securities are referred to on the Site. Furthermore, EZYFX Limited, its directors, officers, employees, agents or shareholders may hold or have held securities that are referred to on the Site.
Some Site web pages contain links to other websites whose information practices might be different from those of EZYFX Limited.
EZYFX Limited does not review any of these linked websites and does not guarantee or warrant in any way the quality, pertinence, accuracy, completeness, update status, availability or legality of the content of these websites, nor shall it be in any way responsible for the products, services, information and other content available to Users via these linked sites. The same shall apply to websites offering links to the Site.
We encourage Users to read the privacy statements on other linked sites, as EZYFX Limited has no control over the information that is submitted to or collected by these third parties.
Registration of User Activities on the Site
EZYFX Limited may record and analyse all User activities on the Site for the purposes of security, system monitoring and improvement, in compliance with legal and regulatory obligations incumbent on EZYFX Limited.
Place of Jurisdiction
The sole place for jurisdiction of all disputes arising out of or in connection with the Terms and Conditions herein and/or the use of the Site is Rue Pasteur, Port Vila, Vanuatu Partial Nullity and Choice of Law
In the event of one of the Terms and Conditions being void, cancelled or rendered otherwise invalid, the validity of the remaining Terms and Conditions shall not be affected or impaired. In all other instances the Terms and Conditions as well as the use of the website are exclusively governed by and construed in accordance with the laws of Vanuatu.