The services provided on www.malfex.com are provided by Malfex Investment LLC, a company incorporated in Dubai license number 1091827 acting as mother company MFX investment stock joint company in Baku Azerbaijan and existing under the laws of Azerbaijan under registration number IS-06, licensed by the “Central bank of Azerbaijan” .
Over-the-counter margined derivative contracts including contracts for difference and spot foreign exchange are complex instruments. They come with a high risk of losing money rapidly due to leverage. You should consider whether you understand how these products work, and whether you can afford to incur losses and have the appropriate risk appetite. We recommend you seek professional advice before investing.
1.1. Malfex has established this policy along with other arrangements to meet our overarching obligation to take all reasonable steps to obtain the best possible result for our Clients.
1.2. Malfex has an obligation to provide its Clients with appropriate information on this Policy. In order to comply with this obligation, the firm will make this Policy available to Clients upon written request.
1.3. Malfex’s Order Execution Policy forms part of our Client Agreement and as such, by agreeing to the Client Agreement, you are agreeing to the terms of our Order Execution Policy.
1.4. When Malfex makes a decision to deal, we will carry out the trade by executing the order directly in the market ourselves.
1.5. The price feed streamed to Clients consists of liquidity from various bank and non-bank providers or Malfex’s OXO ECN model (as described below) to ensure the Client has the best execution possible. We do not aggregate or allocate client orders when Straight Line Processing our trading flow to Malfex’s liquidity providers.
2.1. Malfex provides leveraged (margin) trading, on an execution-only basis for its Client’s in Forex and CFD trading.
2.2. It is Malfex’s decision as to what markets to offer its clients and we will deal with you as principal and counterparty to each trade, providing you with two-way price quotes. As such, every market offered by Malfex is quoted as a derivative of the underlying market and we are the only execution venue to which you have access through us.
2.3. Under the OXO (Orders-Crossing-Orders) ECN model, certain Malfex Qualified Participants are able to provide liquidity in competition within the interbank pricing pool. Such Qualified Participants hold collateral directly with Malfex (and not vice versa) to ensure that funds are protected under strict client funds procedures. To qualify, Qualified Participants must be financial institutions that have met the necessary capital requirements and have the sophisticated technological means to provide the required streaming pricing.
2.4. Malfex acknowledges that if you may rely upon us to provide or display bid and offer prices which
are the best available prices for investors on a consistent basis.
2.5. Malfex will act in accordance with the best interests of our Clients when placing orders with
other entities for execution. In complying with this duty Malfex must take all reasonable steps to obtain the best possible results.
2.6. The execution factors are: price, costs, speed, likelihood of execution and settlement, size, nature, and any other consideration relevant to the order.
2.7. The relative importance of these factors must be determined by reference to the “execution criteria” and, the requirement to determine the best possible result in terms of the total consideration (see below). The execution criteria are as follows:
(i) the characteristics of the Client;
(ii) the characteristics of the Client order;
(iii) the characteristics of the financial instrument that are the subject of that order; and(iv) the characteristics of the execution venues to which that order can be directed.
2.8. When Malfex executes an order on behalf of a Client, the best possible result must be determined in terms of the total consideration, representing the price of the financial instrument and the costs related to execution, which must include all expenses incurred by the Client which are directly related to the execution of the order. These will include the execution venue fees, clearing and settlement fees and any other fees paid to third parties involved in the execution of the order.
2.9. While Malfex will seek to ensure that the prices we display are competitive we are not able to give a warranty, express or implied, that the bid and offer prices displayed on our trading systems always represent the best prevailing market prices for investors. Our quoted prices may reflect market volatility or additional costs and charges which may result in an increase in the spread as well as per transaction.
2.10. Factors include:
(i) Price: Malfex takes the underlying market price of the derivative it is quoting and then applies an algorithm to this price to achieve its own market price. The underlying feed that Malfex uses may be from one source in the case of FX from several feeds. Where several feeds are used the best bid and offer combinations are used to maintain tight spreads at all times.
(ii) Costs: Our market price will often be different to the underlying as it may also include commissions or financing.
(iii) Liquidity: The price made by Malfex, similar to the underlying market, is usually good in up to a certain size. In order to maintain additional liquidity, a different spread may be applied to the price provided in the underlying market.
(iv) Speed of execution: In order to facilitate the speed of execution Malfex has imposed a maximum deal size on every market. This limit is regularly monitored and takes into consideration many factors including liquidity and volatility to determine an amount that we are confident to accept without referral to speed up execution.
2.11. Other Factors: While the above four factors are considered by Malfex to be the most important in our best execution policy, there are many other situations which can arise leading to price
variations.
(i) Some markets which are quoted by Malfex are done so outside of normal market hours, and as such are known as ‘grey markets’. In these situations, while every effort is made to keep
prices and spreads consistent, this may not always be possible during particular volatile
periods or during periods of illiquidity in corresponding markets.
(ii) Financing charges made by Malfex are fair, competitive and transparent. These may
include fees required to roll over open positions, and shall be disclosed to you on our website and the trading platform.
(iii) There may be situations, through third party introductions or through partnership deals with affiliated companies that a commission or other income generated from your trade is shared with third parties. In such circumstances this will be made abundantly clear to the client by the party concerned and this information is available on request.
3.1. Monitoring: Malfex will monitor the effectiveness of its order execution arrangements, including this Order Execution Policy to identify and, where appropriate, correct any deficiencies.
3.2. Review: We will review our order execution arrangements and this Order Execution Policy at least annually or whenever a material change occurs that affects our ability to obtain the best result for the execution of orders on a consistent basis using the venues included in this Order Execution Policy.
3.3. Consent: Malfex is required to obtain your prior consent to our order execution policy. You will be deemed to provide such prior consent when you give us an order.
4.1. Execution Venue means the firm directly executing the orders. In this instance Malfex is the Execution Venue who is quoting prices which are provided to Malfex by:
(i) top tier global banks,
(ii) non-bank liquidity providers in the wholesale foreign exchange markets, and
(iii) OXO ECN Qualified Participants, that the firm believes will provide the best available prices to its clients on a consistent basis.
4.2. Malfex provides execution-only trading and services for its Clients in Foreign Exchange, and CFD trading.
4.3. Malfex does not offer any advice and does not offer equity share trading in its CFD offerings. It is the decision of Malfex’s as to what markets it offers its clients and it does so, not as a broker but as a principal and counterparty to each trade. As such, every market offered by Malfex is quoted as a derivative of the underlying market and we are the only execution venue to which you have access through us.
5.1. This policy along with all effective arrangements will be reviewed annually or whenever a material change occurs that affects the firm’s ability to continue to obtain the best possible result for our Clients.
5.2. On a regular and ongoing basis, Malfex shall monitor the effectiveness of this policy and assess the quality of the best order execution and ensure we are providing the best possible result for our Clients. Any deficiencies in our arrangements or within this policy will be corrected and Clients will be notified of any material changes.
Malfex Investment LLC
Website Terms and Conditions
The services provided on www.malfex.com are provided by Malfex Investment LLC, a company incorporated in Dubai license number 1091827 acting as mother company MFX investment stock joint company in baku Azerbaijan and exisiting under the laws of Azerbaijan under registration number IS-06, licensed by the “Central bank of Azerbaijan” .
Over-the-counter margined derivative contracts including contracts for difference and spot foreign exchange are complex instruments. They come with a high risk of losing money rapidly due to leverage. You should consider whether you understand how these products work, and whether you can afford to incur losses and have the appropriate risk appetite. We recommend you seek professional advice before investing.
1.1. These terms tell you the rules for using our website.
1.2. Your access to and use of this website is subject to these website terms and conditions, our client agreement (“Client Terms and Conditions”), and any notices, disclaimers or other terms and conditions or other statements contained on this website (referred to collectively as “terms of use”). By using this website, you agree to be subject to the terms of use.
1.3. By using our site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you mustnot use our site. We recommend that you print a copy of these terms for future reference.
2.1. These terms of use refer to the following additional terms, which also apply toyour use of our site: (i) Our Privacy Policy sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
(ii) Our Acceptable Use Policy sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.
(iii) Our Cookie Policy sets out relevant information about the cookies on our site.
3.1. We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.
4.1. We may update and change our site from time to time to reflect changes to our products, our users’ needs and our business priorities. We will make reasonable efforts to provide you with appropriate notice of any major changes.
5.1. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Under certain exceptional circumstances, we may have no option but to suspend, withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
5.2. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
5.3. Our site is ONLY for users in countries that are able to use our products and services. We do not represent that content available on or through our Site is appropriate for use or available in other locations.
5.4. Our site is made available free of charge.
6.1. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
6.2. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
6.3. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at: [email protected]
7.1. We are the owner or the licensee of all intellectual property rights on our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
7.2. You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
7.3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
7.4. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
7.5. You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
7.6. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
8.1. The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
8.2. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
9.1. Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval or endorsement by us of those linked websites or information you may obtain from them.
9.2. We have no control over the contents of those sites or resources.
10.1. This website may include information and materials uploaded by other users of the site, including bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
10.2. If you wish to complain about information and materials uploaded by other users, please contact us at s[email protected]
11.1. Whether you are a retail client or a professional client:
(i) We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused byour negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
(ii) Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Client Terms and Conditions.
11.2. If you are a professional client:
(i) We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
(ii) We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
▪ use of, or inability to use, our site; or
▪ use of or reliance on any content displayed on our site.
(iii) In particular, we will not be liable for:
▪ loss of profits, sales, business, or revenue;
▪ business interruption;
▪ loss of anticipated savings; or
▪ loss of business opportunity, goodwill or reputation.
11.3. If you are a retail client:
(i) Please note that we only provide our site for private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
(ii) If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
12.1. Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy.
12.2. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
12.3. Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties.
12.4. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
12.5. We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
12.6. You are solely responsible for securing and backing up your content.
13.1. We do not guarantee that our site will be secure or free from bugs or viruses.
13.2. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
13.3. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Crimes Act 1961. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
14.1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
14.2. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
14.3. You must not establish a link to our site in any website that is not owned by you. 14.4. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
14.5. We reserve the right to withdraw linking permission without notice.
14.6. The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
14.7. If you wish to link to or make any use of content on our site other than that set out above, please contact: [email protected]
Malfex Investment LLC
INTRODUCING BROKER
TERMS & CONDITIONS
These terms and conditions (the Terms) have been issued by Malfex Investment LLC, a company incorporated in Dubai license number 1091827 acting as mother company MFX investment stock joint company in baku Azerbaijan and exisiting under the laws of Azerbaijan under registration number IS-06, licensed by the “Central bank of Azerbaijan” . (the Company).
1.1. The Company and you (the Introducing Broker) operate in the business of brokerage and trading in Financial Products.
1.2. The Introducing Broker proposes to provide the Services to the Company which entail soliciting and introducing Prospective Clients to the Company and the Company proposes to contract the Services from the Introducing Broker.
1.3. These Terms set out the terms of the agreement between you and the Company in relation to the provision of the Services.
2.1. Definitions
In these Terms, unless the context otherwise requires, the following definitions apply:
Account means a Platform trading account for Financial Products maintained by the Company in the name of a Client;
Affiliate means, in relation to a person, another person that Controls, is Controlled by or is under common Control with such person;
Agreement Date means the date on which the Introducing Broker accepts these Terms;
Applicable Laws means all laws, decrees, directives, orders, regulations, circulars or rules in force from time to time in the jurisdiction where each party is incorporated, established or domiciled;
Bid means the price quoted on the Platform at which a Client may execute a Transaction to sell a Financial Product;
Business Day means a day, when banks are open for business, on the same day, in the jurisdiction of incorporation or establishment of the Company;
CFD means contract for difference;
Confidential Information means (without limitation) the existence and contents of these Terms, the transactions
conducted under these Terms, including the Services, any audits, Created IPR and any other information which a
reasonable business person would regard as confidential including information relating to the parties, an Affiliate, a Client or Prospective Client;
Control means (i) the legal or beneficial ownership, directly or indirectly, of more than fifty per cent (50%) of the share capital or other voting Ownership Interests of any person or (ii) the ability, directly or indirectly, to procure the appointment of more than half of the board or other controlling body of any person (and Controlled will be construed accordingly);
Created IPR has the meaning ascribed to it in clause 10.1; Client means an Existing Client or an Introduced Client;
Eligibility Criteria means the eligibility criteria set out in clause 5.1;
Existing Client means a person who has opened an Account and entered into an Operative Agreement with the Company but is not an Introduced Client;
Financial Products means financial products comprising of CFD’s, Forex and any other financial products that can be traded on the Platform, from time to time;
Foreign Exchange means a pair of two different currencies whose exchange rates are traded in the foreign exchange market;
Forex means a Future or a CFD, where the asset sold under the contract is Foreign Exchange;
Future means rights under a contract for the sale of a commodity or asset of any other description under which cash settlement, in lieu of physical delivery, is to be made at a future date and at a price agreed on when the contract is made;
Intellectual Property Rights means patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;
Introduced Client means a Prospective Client that has satisfied the Eligibility Criteria; KYC means know your Client;
Margin means the margin amount required by the Company to enter into or maintain an open Position as determined by the Company, from time to time, in the Company’s sole discretion;
Offer means the price quoted on the Platform at which a Client may execute a Transaction to buy a Financial Product;
Operative Agreement means one or more agreements entered into between a Client and the Company setting out, among others things, the terms and conditions pursuant to which a Client is granted access to and permitted to utilise the Platform, and will be deemed to include any addendums, schedules and risk disclosure notice, accessible though the Website;
Ownership Interests means any direct or indirect interest in the shares or any other equity securities, options, warrants and the right to purchase, subscribe for or acquire any shares or other equity securities, and any interest in any securities convertible into or exchangeable for any shares or other equity securities, in all cases, in any person;
Platform means the online platform maintained and operated by the Company that enables persons to open an Account;
Portal means a messaging portal facilitated through the Website and accessible through an Account enabling instantaneous communication between a person with access to an Account and the Company;
Portal Access has the meaning ascribed to it in clause 4; Position means, in relation to a Financial Product:
Promotional Material means any verbal, written, visual, or audio communication or representation, directly or indirectly relating to the Platform, the Company or a Company Affiliate, the Company’s or a Company Affiliate’s business, directed at any person, including Clients or Prospective Clients;
Prospective Client means a person that is not a Client;
Regulatory Rules means the Securities and Commodities Authority rules and guidance, as amended from time to time;
Rules means the Arbitration Rules of Azerbaijan;
Remuneration is detailed in the Schedule;
Services has the meaning ascribed to it in clause 3;
Spread means the difference between the Bid and Offer;
Term has the meaning ascribed to it in clause 16.1;
Termination Date means the date on which these Terms are terminated in accordance with clause 16;
Transaction means a Financial Product transaction entered into or executed by or on behalf of a Client in accordance with the Operative Agreement;
VAT means value added tax; and
Website means the internet domain www.malfex.com and any sub-domains. 2.2. Interpretation
Unless the context otherwise requires, references to:
The Introducing Broker will solicit Prospective Clients in an effort to convert such Prospective Clients to Introduced Clients (the Services).
The Company will provide the Introducing Broker with access to the Portal to enable the Introducing Broker to provide the Services (the Portal Access). Subject to applicable data protection regulations, the Portal Access will keep a record of the Introduced Clients of the Introducing Broker and allow the Introducing Broker to monitor the Remuneration.
5.1. A Prospective Client will be deemed an Introduced Client, if that person satisfies all the following conditions: (a) is introduced to the Company by the Introducing Broker;
(b) as determined by the Company, in the Company’s sole discretion, from time to time:
(c) enters into an Operative Agreement;
(d) in the course of opening an Account follows the Introducing Broker’s referral link to the Platform; Ei
(e) opens an Account; and
(f) after opening the Account, sends a confirmation email or an introducing broker form to the Company requesting the Company to associate its Account to the Introducing Broker, after opening the Account,
(collectively, the Eligibility Criteria).
5.2. The Company will deem an Introduced Client as an Existing Client for the purposes of these Terms if, at any time, an Introduced Client notifies the Company that the Introduced Client desires to be disassociated from the Introducing Broker.
6.1. The parties agree that the Company will compensate the Introducing Broker for the provision of the Services, by advancing to the Introducing Broker the Remuneration.
6.2. All amounts payable by the parties under these Terms, including the Remuneration, are stated inclusive of VAT or any other applicable tax.
7.1. The Company will have the right to examine the Introducing Broker’s books and records relating to the Remuneration or Services on reasonable grounds.
7.2. For the purposes of clause 7.1, the Introducing Broker grants to the Company and its professional advisers a right of access to the Introducing Broker’s premises, systems, data storage, documents and information on the giving of reasonable notice during business hours.
7.3. For the purposes of clause 7, the Company and its professional advisers will use reasonable endeavours to ensure there is no interruption to the business of the Introducing Broker.
(a) manage, supervise and complete the Services reliably and professionally, in accordance with these Terms in all material respects;
(b) meet any performance dates in relation to the Service to the best of its abilities;
(c) carry out all the Introducing Broker obligations under these Terms including the Introducing Broker obligations related to the Services;
(d) provide the Services with reasonable skill, expertise and care and in accordance with best industry practice in relation to the Services from time to time;
(e) in no capacity to whatsoever bind or otherwise represent itself as able to bind the Company in relation to trades with Clients or Prospective Clients nor act as an agent, appointed representative or as an authorised representative of the Company or a Company Affiliate. The Introducing Broker must at all times take all reasonable measures to inform Prospective Clients and Introduced Clients in writing that:
(f) not register or operate for and on behalf a Client an Account or execute any Transaction in relation to which the Company provides services to the Client pursuant to the Operative Agreement, unless the Introducing Broker is duly authorised by the Client pursuant to the Regulatory Rules;
(g) not make misrepresentations to Clients, Prospective Clients or other persons relating to the Company or a Company Affiliate;
(h) not make any recommendation, including trading recommendations, give advice, accept any commitment or responsibility, or guarantee on any matter for or on behalf of the Company or Company Affiliate;
(i) not issue, publish, distribute or utilise Promotional Material without the prior written consent of the Company;
(j) provide the details and evidence of the Introducing Brokers business activities at the Company’s request;
(k) notify the Company of any regulatory or legal investigation or illegal interference into its commercial affairs and disclose to the Company details of any previous sanctions imposed on the Introducing Broker;
(l) not to accept funds from the Clients;
(m) instruct the Clients to deposit or wire transfer any funds directly to the Company’s bank account; and
(n) in no way represent to any Prospective Client or Client that the Company will provide a guarantee against losses or limit the losses of a Client or that the Company may refrain from collecting any required Margin.
9.1. Subject to clause 9.2‚ the Introducing Broker irrevocably agrees and undertakes, during the Term and after the Termination Date, to the Company:
(c) not to use the Confidential Information other than for the purposes of the transactions contemplated under these Terms.
9.2. Clause 9.1 does not apply to:
(a) information which is or becomes publicly available (otherwise than as a result of a breach of clause 9.1); and
(b) the disclosure of information to the extent such disclosure is required by law, any court of competent jurisdiction, any governmental, official or regulatory authority, or any binding judgment, order or requirement of any other competent authority.
10.1. These Terms does not transfer any interest in Intellectual Property Rights. All Intellectual Property Rights developed or created by a party pursuant to the transactions contemplated under these Terms will be owned by the Company (Created IPR).
10.2. The Company may grant, in writing, to the Introducing Broker a non-exclusive, personal, royalty-free license during the Term to use certain of its Created IPR in relation to the transactions contemplated under these Terms to the extent necessary for the Introducing Broker to carry out the Services and its obligations under these Terms.
10.3. At the end of the Term, any license to use the Created IPR under clause 10.2 will expire and the Introducing Broker will cease to use that Created IPR and will return any physical embodiment of the Created IPR (including any copies) in its possession or control to the Company.
Both parties will comply with all applicable data protection and privacy laws and regulations under Applicable Law.
The Introducing Broker irrevocably agrees, undertakes and covenants with the Company that, during the Term and for a period of two (2) years after the Termination Date, the Introducing Broker will not, directly or indirectly, without the prior written consent of the Company:
The Company will not be liable to the Introducing Broker for costs, claims, demands, liabilities, damages and expenses (including legal costs and expenses) incurred by the Introducing Broker in connection with any prosecution or civil claims made by any third party, (including a Client or Prospective Client), against the Introducing Broker, or the defence of any such prosecution or civil claim, relating to the breach or alleged breach of any of the obligations, covenants and undertakings given by the Introducing Broker in relation to the Services under in these Terms.
14.1. Without prejudice to the rights and remedies of the Company pursuant to these Terms, the Introducing Broker will indemnify the Company against:
in each case relating to the breach or alleged breach of any of the obligations of the Introducing Broker and the covenants and undertakings given by the Introducing Broker in these Terms or any other agreement that the Introducing Broker may have entered into with a Client.
12.2 Without prejudice to the Company’s right to claim the full amount owed by the Introducing Broker to the Company under these Terms, if any, the Company has the right to set-off such amount against the Remuneration.
15.1. For the duration of the Term, the Company, represents and warrants to the Introducing Broker, that:
15.2. For the duration of the Term, the Introducing Broker, if a legal person, represents and warrants to the Company, that:
15.3. For the duration of the Term, the Introducing Broker, if a natural person, represents and warrants to the Company, that:
15.4. For the duration of the Term, the Introducing Broker represents and warrants to the Company, that:
16.1. These Terms will come into force on the Agreement Date and remain in force until terminated in accordance with these Terms (the Term).
16.2. Each of the parties will have the right at any time to terminate these Terms, without cause, and without the need for a judicial order, by giving ten (10) Business Days notice in writing to the other party.
16.3. The Company will have the right at any time to terminate these Terms with immediate effect, for any of the reasons listed in this clause 16.3‚ without the need for a judicial order, by giving notice in writing to the Introducing Broker:
(a) if the Introducing Broker defaults to a material extent in the due observance or performance of any of the terms and conditions of these Terms and has failed to remedy the default within thirty (30) days’ of being notified of the default by the Company;
(b) if the Introducing Broker will, for any reason, cease to be able to satisfy its obligations under these Terms or be prevented from satisfying its obligations, and has failed to resume satisfying its obligations within thirty (30) days’ of being notified to resume satisfying its obligations by the Company;
(c) the Introducing Broker is in breach of clauses 12 or 15;
(d) the Company, in its sole discretion, is of the opinion that the Introducing Broker is acting in bad faith or the Introducing Broker, or its activities, are adversely affecting, damaging or harmful to:
(e) the Introducing Broker, as applicable:
16.4. Upon the termination of these Terms for any reason whatsoever, the Portal Access and any other access granted by the Company to the Introducing Broker, for the purpose of the Services, will be revoked.
16.5. The termination of these Terms, in accordance with the provisions herein, is without prejudice to any of the rights and obligations of the parties under these Terms existing immediately prior to the Termination Date.
16.6. Clauses 2, 7, 9, 10, 11, 12, 13, 14, 23, 24, 25, and 26 will survive the Termination Date and continue to apply notwithstanding the termination of these Terms.
17.1. The Company may without the prior written consent of the Introducing Broker assign, transfer, sub-contract in whole or in part any rights under these Terms, to an Affiliate of the Company.
Malfex Investment LLC
SWAP FREE ACCOUNT
TERMS AND CONDITIONS
These swap-free trading Account terms and conditions (the Swap Free Terms) have been issued by Malfex Investment LLC, a company incorporated in Dubai license number 1091827 acting as mother company MFX investment stock joint company in baku Azerbaijan and exisiting under the laws of Azerbaijan under registration number IS-06, licensed by the “Central bank of Azerbaijan” .
The Swap Free Terms are a supplement to the Terms which govern our trading relationship with you (the Terms). These Swap Free Terms apply to you if your Account type is that of a swap free trading Account (the Swap Free Account).
1 Overview
1.1A Swap Free Account is an account that is free of rollover, interest and storage fees on select instruments appearing
below (which we may amend from time to time). This means that, in the event a Position in one of the select instruments remains open from 23:59:59 to 00:00 (Platform time-zone), it will not be subject to rollover, interest accruements or storage charges.
USDCAD | EURUSD | GBPCAD | USDCAD |
USDCHF | EURCAD | GBPCHF | USDCHF |
USDJPY | EURCHF | GBPJPY | USDJPY |
USDNZD | EURGBP | GBPNZD | XAGEUR |
USDUSD | EURJPY | GBPSGD | XAGUSD |
CADCHF | EURNZD | GBPUSD | XAUEUR |
CADJPY | EURUSD | HKDJPY | XAUUSD |
CHFJPY | GBPUSD | NZDJPY | XPDUSD |
NZDUSD | XPTUSD | ||
1.2 Our standard Account is a swap enabled Account. A Swap-Free Account may be available to you, upon request. 1.3 We may, at any time, at our discretion and without providing you with a reason:
2Restrictions and Termination
2.1 You are not permitted to use a Swap Free Account for the primary purpose of making a profit from swaps.
2.2 You agree that if you have an Account with us that is subsequently converted to a Swap Free Account, a swap amount otherwise payable to you may be lost during the execution of the conversion.
2.3If we detect a form of abuse, fraud, manipulation, cash-back arbitrage, or other form of deceitful or fraudulent activity
on your Swap Free Account (as we determine at our discretion), we may, at any time:
3 Acknowledgment
You acknowledge, understand, and agree that:
4Miscellaneous
4.1Unless expressly defined in these Swap Free Terms, words and phrases defined in the Terms will have the same
meaning in these Swap Free Terms.
4.2 In accordance with the Terms, these Swap Free Terms are governed by and will be construed in accordance with the laws of the Azerbaijan.
4.3If these Swap Free Terms or any part thereof is translated into a language other than English, this will be for
information purposes only and the English version will prevail in the event of a conflict or inconsistency.
4.4 The Terms constitute an integral part of these Swap Free Terms. To the extent that these Swap Free Terms are silent on a matter, the Terms will apply.
4.5 All provisions and conditions contained in the Terms shall be valid and effective against you. Nothing in these Swap Free Terms restricts, or otherwise constitutes a waiver of some or part of, the rights we have under the Terms.
Payment Terms and Conditions
The services provided on www.malfex.com are provided by Malfex Investment LLC, a company incorporated in Dubai license number 1091827 acting as mother company MFX investment stock joint company in baku Azerbaijan and exisiting under the laws of Azerbaijan under registration number IS-06, licensed by the “Central bank of Azerbaijan” .
These payment terms and conditions relate to deposits and withdrawals, associated fees and charges, and prepaid cards (the Payment Terms). These Payment Terms are a supplement to the Terms which govern our trading relationship with you.
Capitalised terms used in these Payment Terms have the meaning ascribed to them in the Terms.
1. Deposits and withdrawals
1.1 You may, subject to the Terms and these Payment Terms, deposit funds to your Account or withdraw funds from your Account. The funds deposited to your Account form part of your Equity; your Free Margin represents the funds available for withdrawal.
1.2 There are several options available to deposit funds to or withdraw funds from your Account, as detailed on the Portal and the payment services support page on our Website.
1.3 The funds you deposit or withdraw may be subject to a minimum or maximum per transaction, as detailed on the Portal and the payment services support page on our Website. In the event you make a deposit or withdrawal request that is below the minimum or above the maximum, the request will not be processed.
1.4 You may withdraw the Free Margin in your Account at any time. If in the time it takes to process the withdrawal, the value of one or more of your open Position has moved such that the Free Margin requested for withdrawal is no longer available, the withdrawal request will be rejected.
1.5 In the event you wish to withdraw your total Equity, you must close all open Positions. Requests to withdraw your total Equity may be made via the Portal or email to support@malfex.com or in the method described in these Payment Terms.
1.6 If you request a withdrawal and you owe us a payment under the Terms, we reserve the right to withhold (from the withdrawal request) the amount owed to us and to set-off such amount in accordance with the Terms.
1.7 If you deposit funds to your Account using multiple payment sources and you subsequently make a withdrawal request, we will process the withdrawal request and transfer funds to the source of the deposit except in the event where Applicable Regulations, the Terms, our Policies or other applicable terms require otherwise.
1.8 When you initiate payment for a deposit to your Account, there may be a processing delay before the funds are credited to your Account. We will not be liable for loss or damage which may arise from such delay.
1.9 A withdrawal request received before 15:00hr on a Business Day may be processed on the same day. A withdrawal request received after this time will be processed as soon as possible.
1.10 We will not be liable for a technical difficulty that may prevent you from depositing or withdrawing funds from your Account. You agree that you will hold us harmless from a claim arising from such technical difficulties.
2. Fees and charges
2.1 A deposit to or a withdrawal from your Account may be subject to fees or charges applied by:
We may deduct such fees and charges from your deposit or withdrawal amount, or charge them separately to your Account.
2.2 If you make a deposit or withdrawal in a currency that is not GBP, USD, EUR, or AED, your deposit or withdrawal may be subject to a currency conversion fee. By proceeding with the deposit or withdrawal at the quoted exchange rate, you accept the quoted exchange rate and the currency conversion fee, and agree that the currency conversion fee will be deducted from the amount deposited or withdrawn. The quoted exchange rate will be the prevailing exchange rate at the date of the deposit or withdrawal, plus the currency conversion fee which is a fixed percentage of the value of the deposit or withdrawal. We reserve the right to vary the currency conversion fee, at our discretion, depending on the (i) currency of the deposit and the currency that it is converted to, or (ii) the currency your Account is denominated in and the currency the withdrawal is made in.
2.3 If you make a deposit using a credit or debit card and you subsequently request a chargeback or cancellation, you will be liable for a chargeback or cancellation fee that may be applied by your payment provider.
3. Prepaid cards
3.1 We may, from time to time, offer prepaid cards for use by our clients who hold active Accounts with us. Such prepaid cards may have separate terms and conditions, and fees and charges which you will be subject to.
3.2 If you apply for, and are issued, a prepaid card and subsequently do not collect such card, you will be liable for the costs and charges associated with issuing the prepaid card.
3.3 You understand that we may at our sole discretion, and without having to provide you with a reason:
3.4 Upon the cancellation of your prepaid card, whether due to the termination of our trading relationship or otherwise,
Payment Terms and Conditions
The services provided on www.malfex.com are provided by Malfex Investment LLC, a company incorporated in Dubai license number 1091827 acting as mother company MFX investment stock joint company in baku Azerbaijan and exisiting under the laws of Azerbaijan under registration number IS-06, licensed by the “Central bank of Azerbaijan” .
These payment terms and conditions relate to deposits and withdrawals, associated fees and charges, and prepaid cards (the Payment Terms). These Payment Terms are a supplement to the Terms which govern our trading relationship with you.
Capitalised terms used in these Payment Terms have the meaning ascribed to them in the Terms.
1. Deposits and withdrawals
1.1 You may, subject to the Terms and these Payment Terms, deposit funds to your Account or withdraw funds from your Account. The funds deposited to your Account form part of your Equity; your Free Margin represents the funds available for withdrawal.
1.2 There are several options available to deposit funds to or withdraw funds from your Account, as detailed on the Portal and the payment services support page on our Website.
1.3 The funds you deposit or withdraw may be subject to a minimum or maximum per transaction, as detailed on the Portal and the payment services support page on our Website. In the event you make a deposit or withdrawal request that is below the minimum or above the maximum, the request will not be processed.
1.4 You may withdraw the Free Margin in your Account at any time. If in the time it takes to process the withdrawal, the value of one or more of your open Position has moved such that the Free Margin requested for withdrawal is no longer available, the withdrawal request will be rejected.
1.5 In the event you wish to withdraw your total Equity, you must close all open Positions. Requests to withdraw your total Equity may be made via the Portal or email to support@malfex.com or in the method described in these Payment Terms.
1.6 If you request a withdrawal and you owe us a payment under the Terms, we reserve the right to withhold (from the withdrawal request) the amount owed to us and to set-off such amount in accordance with the Terms.
1.7 If you deposit funds to your Account using multiple payment sources and you subsequently make a withdrawal request, we will process the withdrawal request and transfer funds to the source of the deposit except in the event where Applicable Regulations, the Terms, our Policies or other applicable terms require otherwise.
1.8 When you initiate payment for a deposit to your Account, there may be a processing delay before the funds are credited to your Account. We will not be liable for loss or damage which may arise from such delay.
1.9 A withdrawal request received before 15:00hr on a Business Day may be processed on the same day. A withdrawal request received after this time will be processed as soon as possible.
1.10 We will not be liable for a technical difficulty that may prevent you from depositing or withdrawing funds from your Account. You agree that you will hold us harmless from a claim arising from such technical difficulties.
2. Fees and charges
2.1 A deposit to or a withdrawal from your Account may be subject to fees or charges applied by:
We may deduct such fees and charges from your deposit or withdrawal amount, or charge them separately to your Account.
2.2 If you make a deposit or withdrawal in a currency that is not GBP, USD, EUR, or AED, your deposit or withdrawal may be subject to a currency conversion fee. By proceeding with the deposit or withdrawal at the quoted exchange rate, you accept the quoted exchange rate and the currency conversion fee, and agree that the currency conversion fee will be deducted from the amount deposited or withdrawn. The quoted exchange rate will be the prevailing exchange rate at the date of the deposit or withdrawal, plus the currency conversion fee which is a fixed percentage of the value of the deposit or withdrawal. We reserve the right to vary the currency conversion fee, at our discretion, depending on the (i) currency of the deposit and the currency that it is converted to, or (ii) the currency your Account is denominated in and the currency the withdrawal is made in.
2.3 If you make a deposit using a credit or debit card and you subsequently request a chargeback or cancellation, you will be liable for a chargeback or cancellation fee that may be applied by your payment provider.
3. Prepaid cards
3.1 We may, from time to time, offer prepaid cards for use by our clients who hold active Accounts with us. Such prepaid cards may have separate terms and conditions, and fees and charges which you will be subject to.
3.2 If you apply for, and are issued, a prepaid card and subsequently do not collect such card, you will be liable for the costs and charges associated with issuing the prepaid card.
3.3 You understand that we may at our sole discretion, and without having to provide you with a reason:
3.4 Upon the cancellation of your prepaid card, whether due to the termination of our trading relationship or otherwise,
Legal: Malfex Group is licensed and regulated by Central Bank of Azerbaijan with the registered name MFX Investisiya Sirkati license number IS-06 as stock joint company and member of Baku Stock Exchange in Azerbaijan.
Malfex Group is licensed and regulated by FSCA(Financial Sector Conduct Authority) under registered name MALFEX GROUP (PTY) LTD FSP No 51598
Malfex is part of Rubin Overseas AG which is regulated by the Securities and Exchange Commission SEC in Washington DC, USA under the license number 801-78986.
Rubin is further directly regulated by the Swiss Financial Market Supervisory Authority FINMA in Switzerland and registered under the license number CHE-392.194.540.
The group is also licensed and regulated by the Malta Financial Services Authority MFSA under license number C-71261 in Malta.
Rubin is also licensed and regulated by Banca D‘Italia (Central Bank of Italy) in Italy.
Malfex Group Limited is authorized and Licensed by the Financial Services Authority(Registration Number. 25343 BC 2019), with its company registered address at First St. Vincent Bank Building, James Street, Kingstown, St. Vincent and The Grenadines. The objects of the Company are all subject matters not forbidden by International Business Companies (Amendment and Consolidation) Act, Chapter 149 of the Revised Laws of Saint Vincent and Grenadines, 2009, 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.
RISK WARNING: Forex and CFDs are leveraged financial instruments that carry a high degree of risk and may expose you to significant losses. Trading in CFDs may not be suitable for all investors. Before trading, you should ensure you fully understand the risks involved and consider your level of experience. If necessary, you should seek independent advice. Please read the full Risk Disclosure Statement for further details.
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