When applying for an account at ActivTrades, or any other Financial Conduct Authority regulated company, there is an obligation for us to establish that you are suitable to trade. You should be aware of the risks involved and have sufficient capital to support your trading in high risk instruments.
FINANCIAL SERVICES AND MARKETS ACT 2000
These documents in most cases are incorporated in the online application and may be signed electronically. If you have any doubts or questions regarding our documents you should contact us and we will be happy to explain.
ActivTrades may provide access for customers to the Forex and equities trading platforms of third party financial institutions located overseas (ActivTrades Overseas Partners). Those organisations may not be located in the UK or authorised by the Financial Conduct Authority (FCA) pursuant to section 19 of the Financial Services and Markets Act 2000 (Act).
ActivTrades is authorised and regulated by the FCA and subject to the rules of the FCA which are in effect from time to time and set out in the FCA Handbook (FCA Rules).
The information and content of this web site is issued and approved by ActivTrades solely for the purposes of Section 21 of the Act in accordance with the sections of the FCA Rules that relate to the activities being carried out by ActivTrades and the ActivTrades Overseas Partners. ActivTrades is not, and shall not be held responsible for, any damages, loss, costs or expenses arising from the use of or the content of ActivTrades Overseas Partners’ web sites, or products or services available through such web sites. If ActivTrades Overseas Partners are not regulated by the FCA, customers are not eligible for compensation under the Financial Services Compensation Scheme.
General Website User Terms and Conditions
Access to and use of any part of the https://www.activtrades.com web site (the “Web Site”) is provided by ActivTrades Plc, 1 Thomas More Square, London E1W 1YN, United Kingdom (“ActivTrades”) to you (the “User”) subject to the following terms and conditions (the “Terms and Conditions”). The information contained in this website is for information purposes only.
IF THESE TERMS AND CONDITIONS ARE NOT ACCEPTED IN FULL, YOU DO NOT HAVE PERMISSION TO ACCESS THE CONTENTS OF THE WEB SITE AND MUST CEASE USING THE WEB SITE IMMEDIATELY.
The User further agrees that he has read and understood the Terms and Conditions.
ActivTrades may agree with the User additional terms of usage of any part of the Web Site. The User agrees to comply with the obligations on it arising from such terms.
Should you require any further information relating to the contents of this Web Site, or have any enquiry relating to the use of the Contents, please email [email protected].
Changes to the Web Site
The User acknowledges and accepts that ActivTrades may from time to time alter any aspect of the Web Site, or any of the services or products provided through the Web Site, as it thinks fit and without notice to the User. Further, ActivTrades may alter the Terms and Conditions at any time without notice. The User accepts that it will have no claim for breach of contract or otherwise in respect of any such alteration.
The User acknowledges and accepts that computer and telecommunications systems are not fault free and may from time to time require periods of downtime (being periods during which the Web Site is not available to the User) for the purposes of repair, maintenance and upgrading or otherwise.
Accordingly, ActivTrades does not guarantee uninterrupted availability of the Web Site, but it shall make reasonable efforts to minimise any periods during which the Web Site is not available. The User accepts that it shall have no claim for breach of contract or otherwise in respect of any such period of unavailability.
The User warrants that in its use of the Web Site it shall:-
(a) use the Web Site only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use of the Web Site by, any third party;
(b) not engage in any conduct which is unlawful, or which may harass or cause distress or inconvenience to any person;
(c) without prejudice to the generality of paragraph (b) above, not upload, post, transmit or distribute any material or information in which the User does not own the intellectual property rights, or any material which is in any way unlawful or which is potentially harmful, threatening, abusive, libellous, pornographic or otherwise obscene, or racially or ethnically or otherwise objectionable; and
(d) not upload, post, transmit or distribute any material or information which contains a computer virus, or other code, files or programs intended or having for effect to disrupt or otherwise adversely affect the operation of the Web Site or of other Users’ computer systems.
The contents of the Web Site (the “Contents”) including for the avoidance of doubt any guidance notes, newsletters and other content capable of being downloaded and viewed independently from the Website, are provided to the User by way of general, background information only. The User should not rely on the accuracy of any part of the Contents nor should the Contents be considered legal advice. Accordingly, to the maximum extent permitted by law, ActivTrades assumes no responsibility and accepts no liability for any reliance placed by the User or any third party on the Contents.
It is ActivTrades’ policy to use current virus checking software to ‘virus check’ documents and files before they are uploaded onto the Web Site but cannot guarantee that documents or files downloaded from the Web Site will be virus free. Accordingly, the User is responsible for conducting its own virus checks on any document or file which is downloaded from the Web Site. ActivTrades accepts no liability for any damage to the user’s computer system arising from the transfer of any virus.
Without prejudice to the foregoing generality, ActivTrades hereby excludes, insofar as permitted by law, all warranties and representations, express or implied, in respect of any of the Contents, including but not limited to any information, names, images, pictures, logos and icons forming part of them, including but not limited to warranties of satisfactory quality, fitness for a particular purpose, non-infringement of third party rights or any law, compatibility, security and accuracy. The User accepts and acknowledges that ActivTrades, its officers, employees, agents, representatives of any sort, and advisers shall not in any way be liable for any damage, loss, costs or expenses arising directly or indirectly from the user’s or any third party’s reliance, viewing or downloading of any of the Contents from the Web Site, or its reliance on or use of any of the Contents for any purpose.
The Contents may be updated or ActivTrades may decide to alter either the information in the website or the structure of the website at any time without giving warning. Opinions or estimates reflect ActivTrades’ judgment at the date of the issuance of the information and such opinions and estimates are also subject to change without notice. This disclaimer, however, does not apply to the extent that it is inconsistent with the rules of the FCA.
The Contents may relate to information about services which are subject to restrictions about persons who may receive such information. The Contents are not directed at anyone in a particular jurisdiction who by virtue of being in that jurisdiction, would be prohibited from receiving or having such information made available to him/her/it. Accordingly, information in the website must not be circulated or copied to anyone where to do so may constitute an infringement of any local laws or regulations.
Neither the website, nor the Contents, constitute or will form the basis of a representation, a contract or a term of any contract. It is essential that before proceeding with any course of action, you take relevant professional advice, particularly professional advice on individual tax and/or estate planning or exchange control in your country of residence and/or domicile.
You are advised that the use of the Internet as a form of communication is not yet secure and information transmitted through the Internet as a communication medium may be intercepted and/or read by third parties. You should not, therefore, rely upon your communication on the Internet as a secure form of communication.
ActivTrades email and any attachments contains information which is confidential and may be subject to legal privileged. If you are not the intended recipient, dissemination or copying of our emails is prohibited. If you have received an email in error, please contact the sender immediately by return e-mail. Please then delete the e-mail and do not disclose its contents to any person. We believe, but do not warrant, that e-mail and any attachments are virus free. You should take full responsibility for virus checking and no responsibility is accepted by ActivTrades for any loss or damage arising in any way from the receipt or use thereof. Where the content of an email is personal or otherwise unconnected with the firm’s or its clients’ business, ActivTrades accepts no responsibility or liability for such content. ActivTrades PLC reserves the right to monitor all e-mail communications through its network.
ctivTrades PLC is a public limited company registered in England & Wales, registration number 05367727. Its registered office is at 1 Thomas More Square London E1W 1YN. ActivTrades PLC is authorised and regulated by the Financial Conduct Authority registration number 434413. Further Information about us can be found on our website at www.activtrades.com
The Web Site and its Contents may at points incorporate links to the web sites and services of third parties. Such links are provided for the user’s convenience only, and their provision does not constitute an authorisation by ActivTrades to the User to access such third party web sites, nor an endorsement of the content of such third party web sites by ActivTrades. This disclaimer, however, does not apply to the extent that it is inconsistent with the rules of the FCA.
The User acknowledges and accepts that ActivTrades is not, and shall not be held responsible for, any damages, loss, costs or expenses arising from the use of such third party web sites, or products or services available through such third party web sites.
Except where expressly indicated otherwise, copyright in all of the Contents of the Web Site belongs to ActivTrades.
Notwithstanding the foregoing, ActivTrades hereby authorises the User to:-
(a) view and display the Contents; and
(b) download the Contents and store them in its computer (for example in the browser’s cache) and print a single copy of the Contents;
on the condition that there is no alteration of the Contents by the User and such activities are not utilised for commercial gain.
Save to the extent expressly permitted under the Terms and Conditions, the Contents (including any downloaded Contents) may not be modified, adapted, reproduced, forwarded, transmitted, used for training purposes or otherwise made available by the User in whole or in part to any third party without the express prior consent of ActivTrades. The User agrees that it will not claim authorship of the Contents.
The names and logos on the Web Site identifying ActivTrades and/or any third party and their products and services are either (a) proprietary marks of ActivTrades or ActivPerformance or (b) marks which ActivTrades is licensed or authorised to use, and nothing in these Terms and Conditions shall confer on the User any licence of or other authorisation to use any such mark or any other intellectual property right of ActivTrades or ActivPerformance or third party, subject always to the above provisions relating to copyright.
ActivTrades reserves the right to terminate forthwith, or to refuse to permit, the use of the Web Site by any User, at any time and at ActivTrades’ absolute discretion.
Subject to the express agreement of any additional terms of usage between ActivTrades and the User, these Terms and Conditions, constitute the entire agreement of the parties in relation the use of the Web Site, and these Terms and Conditions supersede any other agreements between the parties in this matter.
If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction in which that Term or Condition is illegal, invalid or unenforceable, it shall be deemed modified as may be necessary to make it valid and enforceable, and if this is not possible, it shall be severed and deleted from the Terms and Conditions and the remaining Terms and Conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
The rights of ActivTrades and the User under these Terms and Conditions may be exercised as often as necessary. They are cumulative and not exclusive of either party’s rights under the general law, and may be waived only in writing.
ActivTrades is required to verify the identity of, and obtain certain information from, prospective clients with measures aimed at the prevention of money laundering. By way of example, you may be required to produce a copy of a passport or identification card duly certified by a public authority, such as a notary public, together with evidence of your address. ActivTrades services will not commence until such time as ActivTrades has received and is satisfied with all the information and documentation required to verify your identity.
Telephone calls with ActivTrades may be recorded and monitored.
Failure by either party to exercise and enforce any rights conferred by these Terms and Conditions shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof or any right on any later occasion. Delay in exercising or non exercise of any right is not a waiver of that right.
These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. Any matter arising herefrom shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
Cookies from ActivTrades
The table below explains the cookies we use and how they support the website’s functionality. These cookies are known as First-Party cookies as they are set with the domain of our website.
|WE USE THESE COOKIES TO ENSURE THE WEBSITE CONTENT IS PERSONALISED TO YOUR PREFERENCES, FOR EXAMPLE THAT THE CORRECT LANGUAGE IS DISPLAYED.|
|.ASPXAUTH||THIS COOKIE IS USED BY OUR SOFTWARE FRAMEWORK TO MAINTAIN YOUR LOGIN TO AREAS OF THE WEBSITE WHICH REQUIRE A LOGIN.|
|OA_DEF||WE USE THIS COOKIE TO CONFIRM YOUR PREFERRED LANGUAGE AND IDENTIFY IS YOU ARE VISITING US FROM A BUSINESS PARTNER’S WEBSITE.|
|__REQUESTVERIFICATIONTOKEN_LW__||THIS COOKIE ENABLES US TO PREVENT FORGED FORM SUBMISSIONS USING AN ANTI-FORGERY TOKEN, HELD WITHIN THE COOKIE DATA.|
|SECURECLIENTAREA||WE USE THIS COOKIE TO IDENTIFY WHEN YOU HAVE LOGGED INTO OUR CLIENT AREA AND TO SUPPORT OPERATIONS CARRIED OUT BY LOGGED IN USERS.|
|THESE COOKIES ARE USED TO SUPPORT OUR LIVE CHAT SERVICES, PROVIDED BY OUR THIRD-PARTY SUPPLIER BOLDCHAT.|
|WE USE THESE COOKIES TO ENABLE US TO MONITOR AND MEASURE OUR WEBSITES PERFORMANCE AND VISITOR EXPERIENCE, VIA ANALYTICAL SOFTWARE PROVIDED BY THE THIRD-PARTY GOOGLE ANALYTICS.|
Cookies from our suppliers
We use third party suppliers to provide a range of services on our web site (such as embedded video content) and to support our advertising campaigns.
We use Google Doubleclick to deliver advertising on search engines and third-party websites and have no direct control over the cookies set by the supplier. You can read about Google’s advertising cookies here.
We also use Google’s Analytics software to monitor the performance of our web site and to measure traffic levels and visitor experience, to ensure our website provides the best possible service to its visitors. You can read about Google Analytics cookies here.
The table below outlines the cookies used by our suppliers at the time of writing.
|BREEZESESSION||WE USE ADOBE CONNECT TO PROVIDE ARCHIVED VIDEO CONTENT TO OUR WEBSITE’S VISITORS.|
|WE USE BOLDCHAT TO PROVIDE A LIVE CHAT SERVICE TO WEB SITE VISITORS.|
|WE USE GOOGLE’S SERVICES FOR THE ANALYSIS OF OUR WEBSITE USAGE AND TO PROVIDE ADVERTISING ON SEARCH ENGINES AND THIRD-PARTY WEBSITES.|
|__AR_V4||WE USE GOOGLE DOUBLECLICK’S SERVICES TO PROVIDE ADVERTISING ON SEARCH ENGINES ARE THIRD-PARTY WEBSITES.|
|WE USE SKYPE’S SERVICES TO DETECT IF A WEBSITE VISITOR HAS SKYPE AVAILABLE SO WE CAN PROVIDE ACCESS TO OUR CLIENT SERVICES VIA SKYPE COMMUNICATIONS.|
|WE USE YOUTUBE TO EMBED VIDEO CONTENT ON OUR WEBSITE FOR VIEWING BY VISITORS.|
1. Statement of Intent
2. Collection of Data
In using the Web Site, or in the course of your relationship with ActivTrades, you may provide certain data to ActivTrades, including personal data. This will be submitted by you when you interact with us personally, by telephone, mail, fax, over the internet or other electronic medium. The information collected may include your email address, name, business name, address, telephone or fax numbers, home address, telephone, fax and mobile phone numbers. When you provide information about another person, they must have appointed you to act for them and to receive any data protection notices for them.
3. Use of Personal Data
ActivTrades will only use your personal data to help it provide its goods and services to you, and to allow us and any successor in title to our business to provide you with details of products, publications (which may include the production of a newsletter sent to our clients from time to time), events and general information which we feel will be of interest to you. Such contact may be by post, email, telephone or fax where you have provided these details to us. By agreeing to this policy, you request that ActivTrades use your data for such purposes.
ActivTrades will not under any circumstances provide your personal data to any other companies or organisations outside of our group without your consent unless required to do so by law.
4. Storage and Correction of Personal Data
ActivTrades will retain the data we hold concerning you for as long as it is current, unless you inform ActivTrades that you no longer wish us to retain this data.
If you are an individual, ActivTrades is obliged to supply you, on request, with a copy of the personal data we hold about you (if any), provided that you pay a small fee.
Should you wish ActivTrades to cease using your data as set out in this policy or would like a copy of the data that ActivTrades holds about you, please email us on [email protected]
Should you discover any inaccuracies in such personal information, please notify ActivTrades as soon as possible at the same address. ActivTrades will then correct its records, and notify any third parties to whom such personal information may have been transmitted in accordance with paragraph 3 above.
This document governs your trading with us and the responsibilities we have to each other.
Risk Disclosure Notice
This notice provides you with important information about the risks associated with trading in CFDs and FX.
Summary Execution Policy
This document details how we will process orders as governed by the MiFID directive 2007.
Conflicts of Interest Policy
This document describes how we ensure your interests as a client are being dealt with fairly.
Complaint Handling Procedure
In the unlikely event you have a complaint with us, this document details how we will resolve it.
Funds Transfer Request Form
You can transfer your funds from another broker to ActivTrades by completing this form.
Electronic Trading Supplement
This document should be read in conjunction with the Client Agreement. It forms the online terms that will govern our relationship with you.
Documents may be viewed using the freely available software Adobe Reader.