Terms & Conditions

Terms and Conditions for GW-Trade.com

Last Updated: April 8, 2024

1. Introduction and Acceptance

Welcome to GW-Trade.com (“Platform,” “we,” “our,” or “us”). These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and GW Trade Limited, the owner and operator of GW-Trade.com.

By accessing or using our Platform, registering an account, or clicking “I Agree,” you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, please do not access or use our Platform.

We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting on the Platform. Your continued use of the Platform after the posting of revised Terms constitutes your acceptance of such changes.

2. Eligibility

2.1 Age and Capacity

You must be at least 18 years old and have the legal capacity to enter into a binding contract to use our Platform. By using the Platform, you represent and warrant that you meet these requirements.

2.2 Restricted Jurisdictions

Our services are not available to residents of certain jurisdictions where online trading may be prohibited or restricted by local laws and regulations. It is your responsibility to ensure that your use of our Platform complies with the laws applicable in your jurisdiction. We reserve the right to refuse or cancel services to anyone based on legal or regulatory considerations.

2.3 Verification

We may require you to provide proof of identity, residence, and other information as part of our Know Your Customer (KYC) and Anti-Money Laundering (AML) procedures. Your account may be restricted or suspended until these verification requirements are satisfied.

3. Registration and Account Security

3.1 Account Registration

To use our trading services, you must register an account by providing accurate, current, and complete information. You agree to update this information promptly if any changes occur.

3.2 Account Security

You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • Restricting access to your account
  • All activities that occur under your account

You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

3.3 One Account Per User

You may only maintain one active account on the Platform. Multiple accounts registered by the same individual may be merged or terminated at our discretion.

4. Trading Services and Operations

4.1 Trading Platform

We provide an electronic platform for trading financial instruments. The availability of specific trading instruments may vary and is subject to change without notice.

4.2 Order Execution

Your orders will be executed in accordance with our Order Execution Policy, which is incorporated by reference into these Terms. We do not guarantee that your orders will be executed at the requested price due to market conditions, liquidity, technical issues, or other factors beyond our control.

4.3 Market Data

While we strive to ensure the accuracy of market data displayed on our Platform, we do not guarantee its accuracy, completeness, or timeliness. Trading decisions based on this information are made at your own risk.

4.4 Trading Hours

Trading hours on our Platform may vary by instrument. We reserve the right to suspend trading during scheduled maintenance periods or in case of emergency.

4.5 Trading Risks

Trading financial instruments involves significant risk and may not be suitable for all investors. You may lose some or all of your invested capital. You should not trade with funds that you cannot afford to lose.

5. Deposits and Withdrawals

5.1 Funding Your Account

You may fund your account using the payment methods accepted by our Platform. All deposits must originate from accounts or payment instruments in your name.

5.2 Minimum Deposits

We may impose minimum deposit requirements, which may vary depending on the type of account or services offered.

5.3 Withdrawals

Withdrawal requests will be processed according to our withdrawal procedures, which may include identity verification and anti-fraud checks. Withdrawals will generally be processed back to the original funding source.

5.4 Processing Times

While we aim to process deposits and withdrawals promptly, processing times may vary depending on the payment method, banking systems, and verification requirements. We are not responsible for delays caused by banking institutions or payment processors.

5.5 Fees

Fees related to deposits and withdrawals will be clearly displayed before you confirm your transaction. We reserve the right to modify our fee structure with notice.

6. Fees and Charges

6.1 Trading Fees

We charge fees for trading services as specified in our Fee Schedule, which is incorporated by reference into these Terms. Fees may include, but are not limited to, commissions, spreads, overnight financing charges, and inactivity fees.

6.2 Fee Changes

We reserve the right to modify our fees with notice. Your continued use of the Platform after such notice constitutes acceptance of the new fee structure.

6.3 Third-Party Fees

You may incur additional fees from third parties such as banks, payment processors, or tax authorities. These fees are your responsibility and are not included in our Fee Schedule.

7. Prohibited Activities

7.1 General Prohibitions

You agree not to:

  • Violate any applicable laws, regulations, or these Terms
  • Engage in market manipulation, fraudulent activities, or any form of illegal trading
  • Use the Platform for money laundering, terrorist financing, or other illegal purposes
  • Share your account credentials with third parties
  • Use any automated systems, bots, scripts, or software to access or use the Platform without our express written consent
  • Attempt to gain unauthorized access to the Platform or other users’ accounts
  • Interfere with or disrupt the integrity or performance of the Platform

7.2 Market Abuse

You shall not engage in market abuse practices, including but not limited to:

  • Insider trading
  • Market manipulation
  • Spreading false or misleading information
  • Scalping or latency arbitrage
  • Exploiting technical vulnerabilities or errors in the Platform

7.3 Enforcement

We reserve the right to monitor, detect, and prevent prohibited activities. Violations may result in:

  • Voiding or reversing affected transactions
  • Suspension or termination of your account
  • Reporting to regulatory authorities
  • Legal action

8. Intellectual Property Rights

8.1 Ownership

All content, features, and functionality of the Platform, including but not limited to text, graphics, logos, icons, images, audio clips, data compilations, software, and code, are our property or the property of our licensors and are protected by intellectual property laws.

8.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for personal trading purposes, subject to these Terms.

8.3 Restrictions

You may not:

  • Copy, modify, distribute, sell, or lease any part of the Platform
  • Reverse engineer or attempt to extract the source code of our software
  • Remove any copyright, trademark, or other proprietary notices
  • Use our intellectual property for commercial purposes without our express written consent

9. Privacy and Data Protection

9.1 Privacy Policy

Our Privacy Policy, which is incorporated by reference into these Terms, governs the collection, use, and disclosure of your personal information.

9.2 Data Processing

You consent to the collection, storage, processing, and transfer of your personal information as described in our Privacy Policy, including international transfers where applicable.

9.3 Communications

You consent to receive communications from us, including service announcements, administrative messages, and marketing communications. You may opt out of marketing communications through the unsubscribe mechanism provided.

10. Limitation of Liability

10.1 No Warranties

The Platform is provided on an “as is” and “as available” basis. We disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

10.2 Disclaimer of Liability

To the maximum extent permitted by applicable law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, regardless of whether we have been advised of the possibility of such damages.

10.3 Limitation of Liability

Our total liability for any claims arising from or related to these Terms or the Platform shall not exceed the amount of fees you paid to us in the three (3) months preceding the claim.

10.4 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, civil unrest, government actions, power failures, internet or telecommunications failures, or market disruptions.

11. Indemnification

You agree to indemnify, defend, and hold harmless our company, its affiliates, officers, directors, employees, agents, and licensors from and against all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising from or relating to:

  • Your use of the Platform
  • Your violation of these Terms
  • Your violation of any rights of another person or entity
  • Your violation of any applicable laws, rules, or regulations

12. Termination

12.1 Termination by You

You may terminate your account at any time by submitting a written request to our customer support team. Termination will be effective after all open positions are closed, pending transactions are completed, and any outstanding obligations are fulfilled.

12.2 Termination by Us

We reserve the right to suspend or terminate your account, with or without notice, for any reason, including but not limited to:

  • Violation of these Terms
  • Suspected fraud or illegal activity
  • Inactive accounts
  • Regulatory or legal requirements

12.3 Effects of Termination

Upon termination:

  • You will no longer have access to your account
  • Any open positions may be closed at the prevailing market price
  • Any funds in your account will be returned to you, subject to applicable fees, charges, and legal requirements

13. Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of United Kingdom, without regard to its conflict of law principles.

13.2 Arbitration

Any dispute arising out of or relating to these Terms or the Platform shall be settled by binding arbitration in accordance with the rules and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

13.3 Class Action Waiver

You waive any right to participate in a class action lawsuit or class-wide arbitration.

13.4 Time Limitation

Any claim arising from these Terms or your use of the Platform must be brought within one (1) year after the cause of action accrues, or such claim or cause of action shall be barred.

14. Risk Disclosure

14.1 Trading Risks

Trading financial instruments involves significant risk of loss and is not suitable for all investors. You should carefully consider your investment objectives, level of experience, and risk appetite before trading.

14.2 Market Volatility

Financial markets can be volatile and prices can fluctuate rapidly, resulting in partial or total loss of your funds. Past performance is not indicative of future results.

14.3 Technical Risks

Trading platforms are subject to technical risks, including but not limited to system failures, connectivity issues, delays, and security breaches, which may affect order execution or account access.

14.4 Leverage Risks

Trading with leverage can result in losses exceeding your initial investment. Only risk capital should be used for leveraged trading.

15. Miscellaneous

15.1 Entire Agreement

These Terms, together with the Privacy Policy, Fee Schedule, and any other agreements expressly incorporated by reference, constitute the entire agreement between you and us regarding the Platform.

15.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

15.3 No Waiver

Our failure to enforce any right or provision of these Terms shall not be considered a waiver of such right or provision.

15.4 Assignment

You may not assign or transfer these Terms or your rights and obligations hereunder without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

15.5 Third-Party Beneficiaries

These Terms do not confer any rights, benefits, or remedies upon any person other than you and us.

15.6 Contact Information

If you have any questions about these Terms, please contact us at:

GW-Trade.com
Email: legal@gw-trade.com
Address: C/O Tayto Group Limited Princewood Road, Earlstrees Industrial Estate, Corby, Northamptonshire, NN17 4AP