The Company reserves the right to modify these Terms of Service at any time and without prior notice. You are responsible for reviewing these Terms of Service. Your continued access and use of this Web Site shall constitute your acceptance of these Terms of Service as changed.
The information and materials presented on this Web Site are subject to change without notice.
"BNFX", the Company's logo, and the contents of the Web Site (unless otherwise stated) may not be used without express written consent. Any other names and/or logos used to identify specific goods or services are trademarks and/or intellectual property of their respective owners.
The Company may offer various services that allow Clients to independently engage in trading operations using software which the Company makes freely available to its clients as part of services provided. If a Client's application is accepted for a live account by the Company, the Client is then able to send advance payments to the Company and utilise the Company's services in accordance with the terms and agreements pertaining to live Client accounts, including but not limited to the Client Agreement. With a live account, the Client may perform trading operations against a balance of advance payments, less commissions and fees deducted for fund transfers, attributed to the Client's account so that transactions in over-the-counter contracts may be executed against a collateral security. The available collateral of the Client's account will change according to the profit and loss resulting from trading operations and, due to the effect of leverage, the available collateral may increase or decrease and there is the risk of losing the entire collateral. Over-the-counter contracts are not suitable for all investors and, as with other investments, are high risk ventures that every client should fully understand before engaging in any trading operations.
Not all products and services are available to potential Clients who are legally resident in all geographic areas. The Company reserves the right, in its sole discretion, to reject to do business with any Client. Additionally, the Company may, in its sole discretion, terminate any Client's account without prior notice. The Company reserves the right to exercise control over the activities of the Client regarding the use of the Company's services.
Additionally, by submitting an application to the Company, the Client warrants that: the Client is sound of mind, legal age and legal competence; the Client (if not a natural person) is duly organized and in good standing under the applicable laws of the jurisdiction of its organisation; if the Client is a corporate entity, the person who has completed the client account application and all related forms on the Client's behalf is duly authorized to do so; and the information provided by the Client to the Company in all applications and forms at any time thereafter is true, accurate and complete.
If any term of the Operative Agreements (or any part of any term) shall be held by a court of competent jurisdiction to be unenforceable for any reason then such term shall, to that extent, be deemed severable, but the enforceability of the remainder of the Operative Agreements shall not be affected.
By using this Web Site, you agree that you will not use the Web Site for any purpose that is unlawful or prohibited by these Terms of Service. You agree that you will not use the Web Site in any way that could damage or overburden any server or any network connected to the Company's server(s). Additionally, you agree that you will not use the Web Site in any manner that would interfere with any other party's use of the Company's Web Site or other servers.
THE SERVICES, MARKETING MATERIAL, AND WEB SITES OF BNFX ARE PROVIDED "AS IS" TO THE USER AND BNFX DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES OF ANY KIND. DUE TO THE POSSIBILITY OF HUMAN AND MECHANICAL ERROR AS WELL AS OTHER FACTORS, BNFX IS NOT RESPONSIBLE FOR ANY ERRORS IN OR OMISSIONS FROM THE INFORMATION CONTAINED IN OR ACCESSED THROUGH THE COMPANY'S WEB SITE(S). FURTHERMORE, BNFX SHALL NOT BE HELD LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THIS WEB SITE, OR FOR THE INCOMPATIBILITY BETWEEN THIS WEB SITE AND FILES AND THE USER'S BROWSER OR OTHER SITE ACCESSING PROGRAM. BNFX SHALL NOT BE LIABLE FOR ANY OTHER PROBLEMS DUE TO CAUSES BEYOND THE COMPANY'S CONTROL. ALL UTILISATION OF THE SERVICES AND WEB SITE TAKES PLACE AT THE SOLE RISK OF THE USER.
BNFX AND ITS AFFILIATES SHALL HAVE NO TORT, CONTRACT OR OTHER LIABILITY TO THE USER AND/OR ANY THIRD PARTY ARISING IN CONNECTION WITH THE USE OF THIS WEB SITE, OR RELIANCE ON ANY INFORMATION OR SERVICES PROVIDED AT THIS WEB SITE. NO ADVICE OR INFORMATION, WRITTEN OR VERBAL, WHICH THE USER MAY RECEIVE FROM BNFX OR THROUGH THE SERVICE SHALL CREATE ANY LEGALLY BINDING COUNSEL OR GUARANTEE UNLESS OTHERWISE EXPRESSLY STATED IN THESE TERMS OF SERVICE.
BNFX (INCLUDING ITS PARTNERS, OWNERS, AFFILIATES AND SERVICE PROVIDERS) SHALL NOT BE HELD RESPONSIBLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING DELAYS, DAMAGES CAUSED BY UNUSED SERVICE POSSIBILITIES, LOSS OF INCOME, GOODWILL, USER RIGHTS, OR DATA OR OTHER ECONOMICAL LOSSES RESULTING FROM: USE OF THE SERVICES OR BECAUSE SERVICES COULD NOT BE USED; COSTS ARISING FROM ACQUIRING A SUBSTITUTE SERVICE; DATA OR INFORMATION RECEIVED THROUGH THE SERVICES; UNLAWFUL DATA TRANSMISSIONS OR UNLAWFUL ALTERATIONS TO THESE; OR OTHER CONDITIONS CONNECTED TO THE SERVICES. FURTHER, BNFX SHALL NOT BE HELD LIABLE FOR ANY LOSS OR EXPENSE INCURRED BY THE CLIENT IN CONNECTION WITH, OR DIRECTLY OR INDIRECTLY ARISING FROM ANY FAILURE BY THE COMPANY TO PERFORM ANY OF ITS OBLIGATIONS AS A RESULT OF A CAUSE BEYOND ITS CONTROL; OR THE ACTS, OMISSIONS OR NEGLIGENCE OF ANY THIRD PARTY.
You agree to indemnify and hold the Company, its subsidiaries, affiliates, directors, officers, staff, and third party content providers and service providers, harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorney's fees) arising from your use of the Web Site, or from your violation of these Terms of Service.
If any part of these Terms of Service and/or the Operative Agreements, or any part of any term set forth by this document or on the Web Site, shall be held by a court of competent jurisdiction to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid and enforceable provision that most closely matches the intent of the original provision and the enforceability of the remainder of these Terms of Service and/or the Operative Agreements, as well as any part of any term set forth by the Company, shall remain in effect.