1. TERMS and CONDITIONS
Version by 25/05/2020
You confirm that you have the right to enter into this Agreement.
You confirm that you have read and understood all the Terms and Conditions set out in this Agreement.
You agree to the terms of this Agreement and therefore you will be legally bound by these terms.
Therefore, if you do not have the authority to conclude this Agreement or if you do not agree with the terms and conditions set out in this Agreement, do not activate the symbol "✓" and do not use the Company's services.
1.2 Use of the Services on our website includes registration and access to the Services on our website. Please read these terms carefully before using the Services.
Risk warning: Trading in financial instruments is a risky activity and can bring not only profit but also losses.
When performing conversion operations, a relatively small change in the currency exchange rate may have a significant impact on the client's trading account due to the leverage effect. When the market moves against the Client's position, the Client may incur a loss in the amount of the initial deposit and any additional funds deposited by him to maintain open positions. The Client is fully responsible for the consideration of all risks, the use of financial resources and the choice of an appropriate trading strategy.
The Company does not provide any investment advice and you should carefully consider and weigh your financial position and the financial risks you are willing to accept. You may want to talk to an independent financial advisor. The User understands and does not consider the Company responsible for possible losses incurred as a result of: failure and/or non-standard operation of the software, servers, channels and means of communication that together form the necessary elements of the system of interaction between the User and the Company.
The user acknowledges that in market conditions other than normal, the processing time of client orders may increase.
The Client assumes the risks of financial losses caused by force majeure.
When planning and carrying out high-risk operations, you should always bear in mind that in practice the possibilities of positive and negative deviation of the real result from the planned (or expected) often exist simultaneously and are realized depending on a number of specific circumstances, the degree of which, in fact, determines the effectiveness of your operations.
In view of the above, the Company recommends that you carefully consider whether the risks arising from transactions in the financial markets are acceptable to you, taking into account your goals and financial capabilities.
"WixiNZ LP” as well as its subsidiaries and/or legal successors.
WixiNZ LP's platform, located at https://wixi.nz/, provides the User with access to the electronic platform and software.
The registration procedure at https://wixi.nz/, which allows the Company's representatives to verify that the connection was made by the User with the help of electronic identification data, after receiving the User's acceptance and consent to the terms and conditions of legal documents posted on the Site.
2.4 Electronic identification data
The user's e-mail address, contact details (Name and Surname), password and access code generated by the user, which are designed to ensure secure authentication.
2.5 AML procedures
User identification procedures performed by the company to obtain and process a set of documents confirming the User's occupation and identity or the identity of authorized persons of the User, as well as describing the User's activity.
An individual registered in the system in accordance with the established requirements of the Company.
3. SUBJECT OF THE AGREEMENT
3.1 The present Agreement regulates relations between the Company and the User, and also establishes the order of registration and use of services on the Site. Entering into business relations with the Company, the User confirms that he is familiar with these Terms, agrees with them and recognizes them as binding.
3.2 The Company has various technological tools and Services that are offered to Clients and Users of the website. "Services" are marketing and technical solutions (software) provided by the Company for interaction between users on the Company's web page.
3.3 The Company reserves the right to change, modify, add or remove the terms of this Agreement at any time in its sole discretion. The Client and the Site User are responsible for periodic review of the terms and conditions of this Agreement for changes.
3.4 Continued use of the Company's website and/or Service by the Client and User after the publication of the terms and conditions updates will mean that the Client and the Site User accept and agree to the changes.
4. CONCLUSION OF THE OFFER AGREEMENT
4.1 Terms of the offer agreement are posted in the User's personal profile and can be accessed after passing the registration procedure and identification of the User. The offer agreement is considered to be concluded at the moment of acceptance of the offer agreement by User in the Personal profile of the Company.
4.2 Acceptance of the offer agreement is User's unconditional and complete acceptance of all conditions of the offer agreement and their acceptance without any changes and (or) additions on their part.
4.3 The Company reserves the right to refuse to start cooperation with the User without giving any reasons.
4.4 Users confirm that they undertake to go through the identification procedure and comply with the requirements of AML/KYC Company procedures and requirements arising from the Law on Prevention of Money Laundering and Terrorist Financing.
5. CUSTOMER/USER REGISTRATION AND CERTIFICATION
5.1 Client/User recognizes and guarantees that he has full legal capacity to conclude this Agreement and the contract of offer with the Company.
5.2 You can only apply to register as a User if you meet the following requirements:
• You're 18 years old and over;
• You have a legal rights to register and use the service in accordance with your jurisdiction and tax residence.
5.3 The Company reserves the right to carry out additional verification procedures in the event of a business relationship with the User. These procedures include, but are not limited to:
• Photo Identification;
• Scan copy of the identification document.
5.4 The Client/User warrants to the Company that all information provided to him/her is true, complete, accurate, not misleading and up-to-date.
5.5 The Client/User agrees to provide the Company with all necessary data to verify his/her identity and agrees in no case to misrepresent the information provided.
5.6 The Company may at any time request additional personal or financial information from the Client in order to carry out KYC (Know Your Client) and/or AML (Anti Money Laundering) procedures or any other internal procedures.
5.7 The Client guarantees that the origin of his/her funds is completely legal.
6. PERSONAL INFORMATION AND ACCOUNT USAGE
6.1 To register, the Client/User needs to provide personal data, a valid e-mail address, "Login" (which will be used as the Client/User's Name) and a password (hereinafter referred to as "Password").
6.2 In case of successful registration and confirmation of the e-mail address, the Client/User shall have access to the next stage of verification for conclusion of the offer agreement and further use of the Company's services. Username and Password are personal for each Client/User and this information shall not be passed on to third parties.
6.3 The number of accounts is limited to 1 (one account) for each person. If the Company identifies more than one account with one Client/User account, all personal accounts will be blocked until further notice.
6.4 If your account has been blocked, you can contact the Company to provide the necessary information and after the investigation is completed, the Company will start unblocking or if the violation described in paragraph 6.3. is not eliminated, the Company will take actions including but not limited to the following: (i) maintain the account lockout status (ii) delete accounts.
6.5 The Client/User is solely responsible and liable for any use of the Site or the Service under his/her Account and the use of his/her User Name and Password.
6.6 The Customer/User should not share his/her password with any other person or allow any other person to use his/her Account. Under no circumstances shall the Company be liable for any improper use of the Client/User's or any other third party's password or personal account.
7.1 The Company does not guarantee that the operation of the software or Services will be error-free or uninterrupted. However, if this happens, the Company reserves the right to make changes and corrections without any notice.
7.2 The Company shall not be responsible or liable for any loss or opportunity cost arising from network and lockout protocol problems or from third party software which in turn may result in the inability to process the lockout transaction.
8. EXCLUSION OF LIABILITY
8.1 The parties shall not be liable under this Agreement for lost income, opportunity costs or punitive damages of any kind, even if they have been informed in advance of the possibility of such damages.
8.2 This limitation of liability does not apply to violations of the Company's intellectual property rights, trade secrets, indemnification obligations or payment obligations of the Client/User.
9. FORCE MAJEURE
9.1 The Company will not be liable for any delay or failure to perform or deliver any obligations or results under this Agreement caused beyond the Company's control, including, but not limited to, natural disasters, labor disputes or other industrial disturbances, power or electricity outages, utility or other telecommunications malfunctions, earthquakes, storms or other natural disasters, blockades, embargoes, riots, orders or orders governs.
10.1 All notices pursuant to this Agreement shall be sent in writing to the e-mail address posted on the Company's Website. The Company's e-mail address is email@example.com.
10.2 Any notice provided by the Company by posting on the Site shall take effect from the moment of posting.
10.3 Notifications provided by e-mail to the Client/User shall become effective from the moment of their sending. The Client/User is responsible for keeping its e-mail address up to date.
11. CHANGE OF TERMS
11.1 The Company may at any time change, supplement, add or remove certain terms and conditions set out in this Agreement with notice to the Client/User or by posting the amended terms on the Company's Site. Changes will take effect upon receipt of a notice by the Client, placement on the Site or by the Client using his/her personal account.
11.2 The Client/User is obliged to periodically check the terms of the Agreement for changes.