CLIENT AGREEMENT – Smart Money Elite FX Ltd. (‘SME FX Ltd.’)

INTRODUCTION
You are hereby reminded that by signing this agreement, you confirm that all the information you have provided SME Ltd. with is correct, accurate and complete.
This is the commercial live stream / blog / exclusive video course / broker introducer agreement for corporate or individual clients (the "Trading Agreement", “Client Agreement”) that will govern any arrangements you enter into with us in relation to a foreign exchange analysis streaming / the blog / the exclusive video course / the “accredited broker performance arrangement” (“ABPA”) .
For your own benefit and protection, you should read this contract carefully before signing it (or accepting via the internet), as your signature and / or acceptance via internet confirms that you have read and accept everything in this duly completed agreement. If you do not understand anything in this Trading Agreement please ask for more information before signing (please us the “reporting form” on our website). We recommend that you consult your legal adviser before signing (or accepting via internet) this Trading Agreement.

By signing this client agreement, you explicitly agree to the “Disclaimer” and “Terms & Conditions” (see respective documents) that apply to the website www.sme-fx.com, the blog, the forum, the commercial section etc. We strongly suggest that you make sure to be aware of all content contained in these documents.

GENERAL

ACCEPTION of RULES

I hereby confirm that I have read and understood respective instructions.

I hereby confirm that I have fully read, understood and accepted the 'Disclaimer' (see below).

I hereby confirm that this free offer could expire at any point in time and without notice.

I hereby confirm that my application to the MK livestream could be rejected now or later and without notice.

I hereby confirm that an acceptance of my application does not imply any rights or claims whatsoever on the MK livestream access.

I hereby confirm that I have read and understood the following disclaimer.

I hereby confirm that understand that SME Ltd. does not provide any direct or indirect investment / trading / hedging advice whatsoever.

I hereby confirm that I accept the official Disclaimer provided on the SME Ltd. website, this in full and without any exceptions.

I hereby confirm that I understand the CFTC 4.41 rule.

I hereby confirm that I will accept and follow the SME forum 'Code of Conduct'.

I hereby confirm that I understand that I am responsible, in full and without exceptions, for any trades I may or may not do.

I hereby confirm that I understand that the nature of the provided MK livestream is to be seen as "provisional".

I hereby confirm that I understand that the "MK livestream" is to be seen as an 'analysis tool' only. Information shown may be incomplete, inaccurate, interrupted, delayed, misleading etc. I also confirm that I will never use the MK livestream as the sole basis for any trading, investment or hedging activities I may or may not undertake. Trade decisions require a whole range of considerations such as economic news items, fundamental news etc.

I hereby understand that SME Ltd. provides the MK livestream on a 'best effort basis' only. The livestream could be interrupted at any point in time, be subject to maintenance or stop altogether. I understand that I have no guarantee whatsoever that the livestream may be continued in the future and that I do not have any claims respectively. The livestream could be stopped at any point in time, this without notice and without a guarantee of re-activation.

I hereby confirm that I understand that one should trade on demo for a reasonable time before going live.

I hereby confirm that FX trading requires the application of reasonable risk management rules, such as a max. percentage risk per trade, stop-losses etc.

I hereby confirm that I understand that short-term FX trading is classified as a 'high-risk activity' and could lead to a total loss of capital, in particular if no reasonable risk policy is applied.

I hereby confirm that I understand that a full view and understanding of the market causality / market structure requires respective studying. The FX Market Causality is complex.

I hereby recognize the importance of free content provided by SME Ltd. and the need for it to be studied by any potential user of the MK livestream.

I hereby understand the relevance of 'force majeure events'. At no point will I hold SME Ltd. accountable for any trades / investments / hedges which were or were not conducted.

I hereby confirm that I understand that all information provided via the MK livestream is to be regarded as "confidential" and "indicative" only.

I hereby confirm that I will not upload, post, share, send any screenshots / information provided via the MK livestream in any way whatsoever.

I hereby confirm that I will not post any live screenshots from the MK livestream in any internet forum, on any website, on any social media platform, on any telegram group, on any whatsapp group or similiar, ever.

I hereby confirm that I will never give other people unapproved access to the livestream and that SME will check on a regular basis which users entered the livestream group.

I hereby confirm that the market causality (MK) is in full ownership of SME Ltd. and therefore all information provided via the livestream represents the full ownership of SME Ltd.

I hereby confirm that the information I have provided SME Ltd. with is correct, up-to-date and accurate. I further confirm that in case of any future changes in that information I will inform SME Ltd. respectively, this in due time.

I hereby confirm that I allow SME Ltd. to have discretion with regard to how to use my personal and non-personal data. I also confirm that I understand that my name could certainly be seen by other users of the MK livestream and that I have no reservations regarding that and will have no reservations in the future.

I hereby confirm that each paragraph laid out above is valid for all jurisdictions on the world and can be enforced respectively and without warning.

I hereby confirm that I understand that breaching any of the above paragraphs could result in a life-time ban from SME as well as legal measures and financial claims towards me.

I hereby understand that my application for the MK livestream could be rejected right away or at a later point in time. I confirm that I do not have any right of claim to have access to the livestream, not now and neither in the future.

If a provision of this Agreement / Disclaimer is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect: the validity or enforceability in that jurisdiction of any other provision of this Agreement; or the validity or enforceability in other jurisdictions of that or any other provision of this Agreement.

I hereby confirm that I understand that in case my application for the MK livestream would be accepted, this acceptance does not imply in any way or form that I have a right on accessing the MK livestream now or in the future. Even in case of an accepted application, the livestream could be stopped without notice at any point in time.

OUR COMPANY
By signing and filling out this form; you (‘Party 2’) hereby express your decision to enter into a commercial relationship with the Limited Liability firm “Smart Money Elite FX Ltd.”, also known as “SME Ltd.” or "SME FX Ltd." (‘Party 1’).
By performing the required payments; you (as a “corporate” or “individual” client) hereby enter into that agreement with our company under the terms outlined below.
SME FX LTD.
(1) in making your decision to enter into a Transaction, you will not rely on any market-related information that may be provided by us on our website or by our employees or consultants.
(2) Execution of this Agreement and performance of your obligations under this Agreement will not violate any statute, regulation or by law.
(3) All information provided by you to the Company is true, correct and complete and you will notify the Company promptly if that information changes. Failure to do so may result in refusal to process.

DEFINITIONS AND INTERPRETATIONS

In this Trading Agreement the following terms shall have the following meanings:
'Application Form' means our standard application form for private individual clients which, once duly completed by you and accepted by us, forms part of this Trading Agreement.
'Business Day' means Monday to Friday excluding English bank and public holidays and public holidays in other relevant jurisdictions.
'Commercial Purpose' has the meaning provided in clause 2.2.
'Contract' means a rate agreement - either via telephone or other electronic means.
'Counterparty' means the bank or financial institution with whom we enter into a matching contract back-to-back with our Contract with you.
'Currency UK', 'CUK', 'we', 'us' means Currency UK Limited - a company incorporated in England and Wales (registered number 04017212) whose registered office is 28 Battersea Square, London, SW11 3RA, UK.
'Force Majeure Event' means an event which is beyond the reasonable control of an affected party including without limit any Market Disruption, acts or restraints of government(s) or public authorities, war, revolution, strikes or other industrial action, fire, flood, natural disaster, explosion, terrorist action, the suspension or limitation of trading by any execution venue, or any breakdown, failure, defective performance or malfunction of any telecommunications settlement or other equipment or systems.
'Loss' means any loss, tax, cost, expense (including without limit legal expenses incurred in recovering any money due to us), damage or liability that we may incur on your behalf with a third party in connection with an Order or a Contract or otherwise as a result of or in connection with your default or your failure to comply with the terms of this Trading Agreement (including, without limit, your failure to fulfil your obligations under a Contract) or any other agreement we have with you provided that the same are not a direct result of our wilful default or fraud.
'Manifest Error' means a manifest or obvious misquote by us based on a published price source on which we have relied in connection with any Transaction, having regard to the current market conditions at the time an Order is placed, as determined by us.n.
'Pounds Sterling', 'GBP' means the lawful currency of the United Kingdom from time to time.
'Trading Agreement' or 'Trading Facility Application' means this agreement and the Application Form (each as amended from time to time).
'Transaction' and/or 'Trade' means a foreign exchange transaction or an electronic transfer of a specified size and for a specified Value Date.
'Website' means www.sme-fx.com.

INDEMNIFICATION

Your Indemnity - You agree to indemnify us for any costs, expenses or fees we may incur as a result of your failure to perform your obligations under this Agreement. This includes any legal costs that we may incur in order to enforce our rights or recover any amounts you owe us. You also agree to indemnify us for any fees, costs, duties and taxes charged by third parties in relation to the Transactions you enter into, including fees charged by your beneiciary bank, whether or not those fees or charges were notiied to you in advance.
You are responsible for keeping your user name and password private and responsible for access to your account on our platform once you have logged in. When we act on instructions from your account you agree to indemnify us for all losses arising from unauthorized access to your account.
Once you have notiied us of any unauthorized access to your SME Ltd. account we will suspend your account and you will not be responsible for any unauthorized
use carried out after this point.

LIMITATION OF LIABILITY

SME Ltd. will not be liable to the Customer for any loss, costs or damages incurred resulting from the Customer’s use of the SME Ltd. online live stream or non-use if the live stream is unavailable for any reason.

NO LIABILITIES FOR DELAYS

You acknowledge that delays in the transmission and receipt of payments may occur.
In particular, you acknowledge that we operate an online streaming platform that could be subject to technical, or other, problems, the nature and duration of which may be beyond our control. Our service also involves the use of intermediaries who are outside our control. Accordingly, while we do everything in our power to ensure the timely transmission of information, we cannot guarantee that transfers of information will always be made on time and cannot accept any liability to you for any loss suffered by you as a result of any delays in the transmission of information.


REPRESENTATIONS AND WARRANTIES

You represent and warrant to SME Ltd. that:

(1) You are an individual or representative of a company and you will correclty identify yourself as such
(2) You are over the age of 18
(3) You will inform us if you are acting as
a) a trustee of a trust
b) a partner of a partnership
(4) if you are acting as a trustee of a trust, that you are properly authorised to enter into this Agreement and any Transactions in accordance with the terms of the relevant trust deed.

LIMITED LIABILITY

Liability Limited -
We will not be liable to you for any form of consequential damages or loss that you may suffer as a result of:
(i)
delays in the transfer of your funds, or
(ii)
our refusal at any time to transfer your funds.
(iii)
communication malfunctions
Without in any way limiting the effect of this paragraph or any other paragraph of this agreement, “consequential damages” shall be taken to include damages arising from:
(i)
loss of business,
(ii)
loss of opportunity to realise a gain as a result of foreign exchange fluctuations;
(iii)
loss of any other opportunity, or
(iii)
loss of interest on funds.

a) You need to submit a duly completed Application Form and confirm that you have read and understood this Trading Agreement. Once we have been able to verify your identity and satisfy ourselves that you have a Commercial Purpose for requiring a Transaction, we will notify you if we accept you (at our absolute discretion) as a client.
b) Whilst we may provide you with information about foreign exchange markets and related matters, we do not provide advice. Any decision you make to enter into a Transaction is made on your judgement alone. It is your responsibility to seek all necessary advice and familiarise yourself with the foreign exchange products or services you are buying and we will assume that you have done so.
c) Except where we have specifically agreed otherwise in writing, nothing in this Trading Agreement shall give rise to any fiduciary, trustee, agency, joint venture or partnership relationship between any Currency UK Limited on the one hand and you on the other.
d) We may enter into Transactions with you by telephone, via electronic channels or both, as we may agree with you from time to time.
e) All Transactions that we enter into with or for you will be on the basis of the terms and conditions contained in this Trading Agreement and such other related agreements or addenda as we may enter into with you or amend from time to time.

INFORMATION

a) Except where we have specifically agreed otherwise in writing, any information including any graphs, charts or market news we supply to you, is believed, to the best of our knowledge and belief, at the time it is given, to be accurate and reliable. No warranty (express or implied) is or will be made in relation to the accuracy, completeness or timeliness of any information we make available to you and we undertake no obligation to update any information we provide to you. We will have no liability whatsoever for any error or inaccuracy in such information. The information we supply does not constitute an assurance or guarantee as to the expected outcome of any Contract. Market conditions and prices may change between us supplying you with information and the time you decide to enter into any Contract.
b) Any information we provide to you is confidential and solely for your use. Information remains the property of SME Ltd. and must be returned promptly on request. It may not be reproduced or redistributed without our explicit written permission. Information provided by us under or in connection with this Trading Agreement must not be relied on in any way as the basis of any investment decision.

TYPE OF CLIENT

Please indicate which type of client you are. Once more, it is emphasized that it is absolutely mandatory that the information you provide is correct, accurate and complete. Any type of misrepresentation could lead to retro-respective charges as well as a lifelong ban from the livestream and other resources or even to legal repercussions.




















CLIENT QUESTIONS

How do you intent to use the “FX ManipulationWatch LiveStream”?

(multiple choices allowed)
hedging against currency exposuretiming physical currency transactionsselecting particular automated strategies for the current market phasespeculative trading

In case of “speculative trading”, please indicate your current trading account size (indicative):

In case of ‘speculative trading’; for how long do you trade FX?

In case of ‘speculative trading’; what is your ‘trading style’ (multiple options possible):

trend tradingswing tradingday tradingscalping

In case of ‘speculative trading’; what is your average number of FX transactions (volume)?

Do you consider yourself a successful trader? Please explain.

ARRANGEMENTS & POLICIES

NO OWNERSHIP

By subscribing to the "FX Manipulation Watch" live stream and performing respective payments, the client becomes a USER of the live stream; however, the client does not become the owner of any content, information, knowledge, tools, principles etc. which are shown via the livestream. This implies that the Client is trictly prohibited from distributing any of the content shown in any form; this includes but is not limited to posting screenshots taken from the livestream on other websites or forums. The same applies for subscribers to the blog and / or subscribers to the video course.
CONFIDENTIALITY
It is emphasized that the client is not allowed to distribute any screenshots of the live stream online or offline. The same applies to the SME FX Ltd. video course. It is strictly forbidden to post such screenshots on internet forums, web pages, blogs etc. Any respective breaches will result in an immediate cancellation of the live stream without a refund and legal consequences. The client hereby guarantees that he or she will not distribute, post, send or publish any screenshots from the live feed without the prior, explicit, written authorization of SME Ltd.
STRICT NO REFUND POLICY
By becoming a client of SME Ltd. you agree to its strict "no refund" policy. That means that SME Ltd. will in no case refund you in any shape or form regarding your payments made. 
This includes all kind of cases, such as a scenario where because of technical issues the web-based streaming service was offline, did not work properly etc.

TROUBLE SHOOTING
There can be various technical issues regarding the live streaming service. We do not guarantee that the livestream is available 24/7.

NO GUARANTEE OF FUNCTIONING
In no case do we guarantee the functioning of the trading tools provided; information shown or provided may be completely incorrect or incomplete.

NO GUARANTEE OF DATA
 SME Ltd. can in no case guarantee the completeness, accuracy, precision, timely appearance or stability of any data shown.

NO GUARANTEE OF DATA SPEED
SME FX Ltd. is not able to guarantee an optimal speed of data and information at all times.

NO GUARANTEE OF CORRECTNESS, ACCURACY, REPRESENTATION
In no case does SME Ltd. guarantee the correctness, accuracy and representation of information and data shown.

FIRST POINT OF COMMUNICATION
In case of any potential problems, the first point of call should be direct communication between the client and SME Ltd.

NO STEALING, NO HACKING, NO COPYING
Any information, data and charts shown are subject to the highest degree of confidentiality. In case that a Client attempts to hack, copy, steal or distribute any of the information and tools shown, SME Ltd. is forced to launch legal measures accordingly.

NO ILLEGAL STREAMING
It is highly prohibited to live stream the live stream itself, such an act represents a breach of contract, a copyright infringement and other offences and will lead to legal consequences as a result.
PAYMENT OPTIONS
There are several payment options available. These are shown on our website; www.sme-fx.com.

PAYMENT


Payment has to be performend before the 14th of the prior month.

SUBSCRIPTION

Each client must fill out this form and must then perform the respective payment for the selected commercial package as instructed on the website.

CANELLATION PERIOD

In case you intent to cancel your subscription, you need to click the "cancellation function" under:
until the 25th of the month.

TERMINATION

Clients should carefully read this agreement, the disclaimer and all other documents that outline the valid rules and agreements regarding the “FX ManipulationWatch LiveStream”.
Such rules include under which circumstances the Client or SME Ltd. can terminate the relationship.

JURISDICTION
This agreement is globally valid, and the courts of Gibraltar.

Protection and Confidentiality of Client Information
SME Ltd. cannot guarantee the confidentiality of client information.

Representation and Warranties
SME Ltd. cannot be held liable for any direct or indirect costs, losses, damages that may result from a use of any of the tools provided on the website www.sme-fx.com.

Force Majeure
SME Ltd. is in no case liable or responsible for any ‘force majeure’ events that may occur at any point in time.

Complaints
Complaints of any kind should be handed in via the “reporting form” on the SME Ltd. website.

5. RECORDING TELEPHONE CONVERSATIONS

We may record telephone conversations with or without use of a warning tone and we may use these recordings as evidence of Contracts entered into or in relation to disputes as well as for our ongoing quality control and training programme. We may also maintain a record of all emails sent by or to us. All those recordings and records will be maintained at our absolute discretion and are our property and can be used by us in the case of a dispute. We do not guarantee that we will maintain such recordings or records or be able to make them available to you.

TERMINATING CONTRACTS

6.1 We may terminate or close out any Contract if:
6.1.1 You fail to provide us with material information when required or such information that you do provide is in our reasonable determination materially incorrect or misleading;
6.1.2 You fail to make payment when due;
6.1.3 You fail to provide a sufficient Deposit when due;
6.1.4 You are otherwise in breach of this Trading Agreement and where such a breach is, at our absolute determination, capable of remedy you have failed to remedy such breach within a reasonable time when notified;
6.1.5 We reasonably determine that you will be unable to fulfil your obligations under any Contract;
6.1.6 On the occurrence of a Force Majeure Event, for us to continue any Contract would expose us to a liability against which we are not protected;
6.1.7 We suspect fraud; or
6.1.8 We are required to do so on the instruction of any law enforcement or regulatory agency or other body with appropriate authority (in which case we may retain or otherwise deal with all or any of your money as we are required to do so by such agency or body).
6.1.9 At owm discretion.

7. YOUR LIABILITY TO US

7.1 You will be responsible for all Losses (including, without limit, any Losses resulting from the termination of any Contract pursuant to clause 12) which you will repay to us on demand by us.


7.2 In respect of amounts due and payable to us under any Contract or otherwise under this Trading Agreement, we may charge interest at 5% per annum above the base rate, from time to time in force, of the central bank of the country in whose currency the amount due is owed or such other statutory or court rate as may apply from the date payment is due until the date payment is made. Amounts due under this clause may at our reasonable discretion be converted to Pounds Sterling or any other currency at a rate to be reasonably determined by us.

GENERAL

8.1 Any typographical, clerical or other error or omission in any documentation produced by us under or in connection with this Trading Agreement shall be subject to correction without any liability on our part.


8.2 A person who is not a party to this Trading Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Trading Agreement, but this does not affect any right or remedy of a third party that exists or is available apart from that Act.


8.3 We may amend this Trading Agreement at any time, in which case we will display the amendments on our Website together with the date from when such amendments become effective (the 'Effective Date'). The amendments will apply to all of our dealings with you and to all Contracts entered into by you after the Effective Date save that the amendments will apply to Contracts entered into prior to the Effective Date where it is required by law or any relevant Money Laundering Requirements. You should refer to the current version of this Trading Agreement on our Website before giving us an Order.


8.4 If any provision (or part of any provision) of this Trading Agreement is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part provision shall, to the extent required, be deemed not to form part of this Trading Agreement, and the validity and enforceability of the other provisions of this Trading Agreement shall not be affected.


8.5 No failure or delay by us to exercise any right or remedy provided under this Trading Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.


8.6 Should any provisions of this Trading Agreement be in conflict with any other documentation or information that we have provided to you in connection with any particular Contract, then this Trading Agreement shall have priority unless specifically agreed by us in writing that such other documentation and information shall have priority in whole or in part.


8.7 This Trading Agreement constitutes the whole agreement between us and you and supersedes all previous agreements (whether written or verbal) between us relating to its subject matter. You acknowledge that, in entering into this Trading Agreement, you have not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether written or verbal and made negligently or innocently) other than as expressly set out in this Trading Agreement. Nothing in this clause shall limit or exclude any liability for fraud.


8.8 All intellectual property rights in the SME Ltd. websites and systems, any advertising material issued by or on behalf of SME Ltd., all information, materials, prices or charts, business methods, databases or settlement specifications relevant to this Trading Agreement or otherwise used or arising in connection with this Trading Agreement will remain the property of SME Ltd. and you will have no rights to distribute, republish, copy, reproduce, sell, sub-license or otherwise transfer or disseminate any of the foregoing unless otherwise agreed in writing.


8.9 This Trading Agreement and all communications between you and us will be in English.


8.10 The services that we will provide pursuant to this Trading Agreement will not be regulated by the GFSC and, therefore, will not fall within the jurisdiction of the Financial Ombudsman Service.

8.11 This Trading Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with Gibraltar law. Both parties irrevocably agree that the Gibraltar courts shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Trading Agreement or its subject matter or formation (including non-contractual disputes or claims). Nothing in this clause prevents either party from issuing proceedings in any other jurisdiction.


8.12 Notwithstanding clause 8.11, we may elect to issue proceedings against you in any jurisdiction in which you are resident when seeking to recover any amounts due to us under this Trading Agreement.

Intellectual Property

9.1 All intellectual property of our proprietary platforms, products and services belong to the Company. We allow you only the access and the use of the platforms for the performance of the trade transactions. Intellectual Property includes but it is not limited to any copyright on materials, the platforms, software, processes, source code, websites, patents, designs, databases, patents, trademarks, methodology, know how, trade secrets, business plans, promotional and marketing material, in any sort of form. We retain all rights, title and interest in all our Intellectual Property rights, arising out of this Agreement. We cannot guarantee that the software and / or the system that we own or we manage on behalf of a third party, is uninterrupted and error free or available at all times.

9.2 You will not transmit to or in any way, whether directly or indirectly, expose our System to any computer virus or other similarly harmful or malicious material or device.

9.3 In no event shall we be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our website, system, products and services, except as stated in this agreement.

9.4 You agree to indemnify us and hold harmless with regard to any loss, damage, liability, cost or expense that we may suffer or incur due to your acts or omissions, misrepresenting, misleading acts or breach of your obligations arising out of this contractual relationship.

9.5 We hereby once more emphasize that trading is very risky. There are various factors, such as the international prices volatility, which is very difficult to predict. Due to such volatility, in addition to the spread that we add to all calculations and quotes, no financial contract discussed or other tool offered on our Website may be considered as a ‘safe trade’.

9.6 Never enter into transactions or invest funds that are above your financial abilities. Also, certain financial products are not suitable for people without the relevant knowledge and / or experience.

Suspension of Services

10.1 As stated, we may at any point in time suspend the tools and information at own discretion.

Data Processing

11.1 There are certain cases where information cannot be considered confidential. This occurs where it can be proved that such information is (i) already available to the public, through no act or omission of the recipient or of any other third party owing an obligation of confidence to the receiver; (ii) rightfully received from a third party without any restrictions as to its use or disclosure; (iii) required to be disclosed pursuant to legal or regulatory requirement.

11.2 Cookies are small text files that are sent to and stored on your device, such as desktop and laptop, smartphone, tablet/phablet, for accessing the Internet, when you visit a website or a webpage. Cookies allow a website to recognise a user's device. The objective of cookies use is to improve and make the user's experience easier.

11.3 By entering into this Agreement, you acknowledge that you have read and understood the Company’s Privacy Policy. Please read our Privacy Policy and Disclaimers.

New versions & changes of this document

12.1 We may, at our discretion, change any or all of the terms of this Agreement, at any time and without prior notice. If you make any transaction on or after the amendments to this Agreement have come into effect, you will be deemed to have accepted the changes.

12.2 We may, at our discretion, change any or all of the terms of this Agreement, at any time and without prior notice. If you make any transaction on or after the amendments to this Agreement have come into effect, you will be deemed to have accepted the changes.

Unforeseeable Events

13.1 We will not be liable for any failure in performance of the terms of this Agreement if such failure is caused by certain unforeseeable events, including but not limited to acts of God, war, governmental decree, natural disasters, power failure, failure in communication lines or other network failure, judgment or legal order, strike, or other circumstances, beyond our reasonable control.

13.2 This Agreement supersedes any prior written or verbal communication or understanding. We may change the terms of this Agreement at any time. Any later version of this document shall supersede all previous versions.

13.3 By entering into this Client Agreement you acknowledge that you have read, understood and agreed to the principles stated in the Conflicts of Interest Policy of the Company. Please read the Company’s Conflict of Interest Policy.

Governing Law

14.1 It is within our intentions to resolve any matter of concern or dispute with our clients in an amicable manner. Hence, any dispute, miscommunication will be initially
addressed to your personal client manager who will attempt to resolve it directly with you. Any dispute that cannot be mutually resolved shall be referred to an arbitrator that will be appointed by both parties (us and you) in writing. If we still cannot reach an agreement with you, the issue will be resolved before the Courts of Gibraltar under the laws of Gibraltar.

I hereby confirm that I have read and understood this client agreement, the disclaimer, the privacy policy and the terms & conditions.

Signature

Disclaimer, Risk Disclosure, CFTC Rule 4.41 etc.


No investment advice 
SME Ltd. does NOT give any kind of investment or trading advice whatsoever. All information shown or provided is of indicative nature only and should be primarily used for educational purposes only. SME  Ltd. offers analysis tools that were designed to be used as additional information only, if at all. Clients are liable, this in full and without exception, for any trades, investments or physical currency exchanges they may or may not conduct; whether any tool offered or information was incorporated or not.
It is not in the control of SME Ltd. whether and in which way the tools offered may or may not be used by its clients.
Any market commentary, explanations, opinions, news, research, analyses, prices, or other information contained on this website is provided as general market commentary and educational material, and does not constitute any type of investment advice. SME Ltd. shall not be held liable for any loss or damage, including without limitation to, any loss of profit, which may arise directly or indirectly from use of or reliance on such information.



Nature of tools provided

The tools offered by SME were desgined to be used as ADDITIONAL information only, with the objective of at least avoiding some of the 'market manipulation phenomena' that are common in the FX market.
Still, the tools provided cannot and never will replace a complete, adequately tested trading system or investment approach.
Last but not least, be aware of the fact that the 'market causality bias' can change any time and that the so-called "Smart Money"-participants do not only benefit from an execution and speed advantage but also from a transaction cost and informational advantage apart from their ability to potentially move FX prices.
All data and information presented on this side is of indicative nature only and is presented primarily for educational purposes only.
We do not represent that this information is complete or accurate and it should not be relied upon as such. It is for informational purposes only and is provided without any warranty.
SME Ltd. does not guarantee that the tools provided function as they should at all times, neither does it guarantee that the tools provided imply a complete representation of the underlying FX market structures. You should not rely on the tools provided as a sole investment or trading tool. Trading on the basis of "market causality" involves a high degree of discretion and analysis may be highly complex. SME Ltd. does not recommend any client to trade in the FX markets, and further suggests that the first step towards any live trading should be "demo trading" over a period of 6 to 12 months.

Complexity of "Market Causality Analysis"

Before using any of the tools offered, you are strongly encouraged to invest a high degree of effort in watching and understanding the free videos (educational videos as well as the documented live trades) as shown on this website. In particular, trading on the basis of "market causality" as shown can be a highly complex endeavor and as stated, you are strongly advised to trade on demo first.



No guarantee of success

There are no guarantees of profit nor of avoiding losses when trading CFDs and FX Contracts. Customer have received no such guarantees from SME Ltd. or from any of its representatives.

Trading Risks


Trading foreign exchange, commodities and CFDs on margin carries a very high level of risk, and may not be suitable for all individuals. Before deciding to trade foreign exchange and derivative products or to invest in vehicles that do so (directly or indirectly), you should carefully consider your objectives, financial situation, and level of experience and risk appetite. The possibility exists that you could sustain a loss of some, all or more of your funds deposited and therefore you should never speculate with capital that you cannot afford to lose. You should be aware of all the different risk factors associated with foreign exchange trading and derivative products, if in any doubt, seek advice from an independent advisor. The list of risk factors presented within this text may by no means be complete.
Please note that any investments related to FX involve significantly high risks and the value of an investment may fall as well as rise, and you may not get back the amount invested.

Trading on Margin

Active trading approaches as well as trading on margin or investing in a vehicle that trades on margin, carries a high level of risk and may not be suitable for all individuals. Please always check with your own financial advisor before considering any trading or investment decisions. Last but not least, please be aware of the high degree of complexity of modern financial markets, investments as well as respective financial instruments.In margin trading, leverage can have a significant impact on your trading account even with minor changes in exchange rates and instrument prices. You must understand that if the market moves opposite your open positions, your chances of losing your initial deposit and other funds intended to maintain your open positions is very high. You are fully responsible for the use of your own funds and accounting for respective risks.

Significance of Risk Management


Further, before considering any trading activities or engagements, you are encouraged to apply reasonable and precise risk management rules to your trading. No system or approach will be successful if no adequate risk  management rules are defined and followed. It is not in the control of SME Ltd. whether users of the tools offered apply reasonable risk management rules to their potential engagements in the FX markets. You are responsible, in full, for any losses you may or may not experience while using or not using any of the tools offered by SME Ltd.

No guarantee for correctness, accuracy, completeness or relevance of information

All information shown is of indicative nature only.
There is no guarantee for the correctness or relevance of any information shown on the website or shown via web-based analysis tools.

Force Majeure Events

SME Ltd. is neither responsible for any financial losses arising from force majeure events; in whatever context. These events are extreme and irresistible circumstances that are independent of the will and actions of the agreement participants, that cannot be foreseen, prevented, or eliminated, including but not limited to natural disasters, fires, man-made accidents and disasters, emergencies at utility works and on utility lines, riots, military actions, terrorist attacks, uprisings, civil unrest, strikes, and the regulatory acts of state- and local government authorities.

Use of Website

You hereby consent to the use of electronic communication in order to enter into agreements, contracts, make payments, place orders and other records, as well as to the electronic delivery of notices, policies and records of transactions initiated or completed via the website.

Furthermore, You hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original non-electronic signature or delivery or retention of non-electronic records, to the extent permitted by applicable mandatory law.

You agree to provide accurate and complete information when You register on, and as You use, the website www.sme-fx.com, and You agree to update Your registration data to keep it accurate and complete. may store and use the registration data You provide for maintaining Your Account and performing its obligations.

You agree that SME Ltd. may, in its sole discretion and without prior notice, suspend or terminate the provision of any service or access to the website www.sme-fx.com (or its functions) to You personally or all Users.

SME Ltd. may discover that the content, materials, products or services published or distributed on www.sme-fx.com violate any Additional Terms or Additional Agreement or other legal agreements, third party rights, laws, rules and regulations. You agree that in this case SME Ltd. reserves the right to discontinue the distribution of, remove or stop the publication of, such content, materials, products or services, in its sole discretion or as required by the relevant government authorities.

You agree that You will not reproduce, duplicate, copy, sell, trade or resell the content of the website www.sme-fx.com, unless you have been specifically permitted to do so in a separate, written agreement with SME Ltd. You must retain all copyright and other proprietary notices contained in the original materials on any copy You make of the materials of the Content. You may not modify the Content in any way or publicly display, reproduce or distribute it. Breaches of that principle will be followed up with adequate legal measures.The website www.sme-fx.com is the property of SME Ltd. The SME Ltd. Websites are protected by international copyright laws. Any unauthorized use of the SME Ltd. Websites may violate copyright laws, trademark laws and other laws.

SME Ltd. reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content, products, materials or services from the website www.sme-fx.com.
However, You agree that by using the website www.sme-fx.com You may be exposed to materials, products or services that You may find offensive, indecent or objectionable and that You use the website www.sme-fx.com at Your own risk.

You agree that SME Ltd. own all right, title and interest in and to the www.sme-fx.com website. You agree that SME Ltd. has all the appropriate rights and licenses for the distribution of the Content, materials, products or services through the website www.sme-fx.com and SME Services that are provided by their respective authors or other copyright owners. You agree that You will not, and will not allow any third party to, (I) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive the source code of the software located on the website www.sme-fx.com, unless otherwise permitted, (II) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management or forward-lock functionality) in the materials, products and services, (III) use the Content, materials, products or services to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights, or (IV) remove, obscure, or alter copyright notices, trademarks, or other proprietary rights notices of SME Ltd. or any third party, affixed to or contained within the Content, materials, products or services.

All rights to Trademarks, as well as property rights and titles, including but not limited to any and all rights to intellectual property are the property of their respective owners or license holders. Neither party grants to the other party any right, title or interest (including, but not limited to, any implied licenses) in or to Trademarks. Nothing in this Agreement gives the User a right to use any trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of SME Ltd.

In using the website www.sme-fx.com or SME Services, You are not granted any intellectual property rights or rights in or to the website www.sme-fx.com or SME Services or to any related content, including materials, documentation, products or services. Any other use of the content shall be allowed only subject to respective owner's authorization or when this is provided by law. These Terms of Use do not grant You any right to use any branding or logos of SME Ltd. You must not remove, obscure, or alter any legal notices displayed on the pages of the website www.sme-fx.com.

You shall not access or attempt to access an Account that You are not authorized to access. You agree not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to the website www.sme-fx.com or SME Services. Violations of system or network security may result in civil or criminal liability.

We use personal data, which help us to create, develop, manage, provide and improve our Services and contents, as well as to protect against fraud and copyright violation. 

We may use Your personal data to send You important notices of changes in our Terms of Services or Policies. We may also use personal data for internal purposes, such as auditing, data analysis and research, which enable us to improve our Services.

When You visit our websites, we may collect technical and navigational information, such as the type of the web browser, Internet protocol address, language, location, time zone, unique device/browser identifier and requested URLs so that we may better understand customer behavior and improve our Services. We may also collect information regarding specific activities you perform on our website. This information is used to help us improve the content and usability of our websites. This information is aggregated and we consider aggregated information as non-personal for the purposes of our privacy policy If we do combine non-personal information with personal information the combined information will be treated as personal information for as long as it remains combined.

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE WWW.SME-FX.COM IS AT YOUR SOLE RISK AND THAT THE WEBSITE WWW.SME-FX.COM AND ANY TOOLS THEREON ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE WWW.SME-FX.COM IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MATERIALS, PRODUCTS AND ANY SERVICES OFFERED OR RENDERED ON WWW.SME-FX.COM ARE PROVIDED “AS IS” AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND SME Ltd. HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCTS AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
YOU AGREE TO USE THE WEBSITE WWW.SME-FX.COM AND ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE WWW.SME-FX.COM AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA AS A RESULT OF SUCH USE.
SME Ltd. FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL SME Ltd. BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE WEBSITE WWW.SME-FX.COM, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF SME Ltd. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SME Ltd. IS NOT A REGISTERED INVESTMENT ADVISOR, BROKER/DEALER, FINANCIAL ANALYST, FINANCIAL BANK, SECURITIES BROKER OR FINANCIAL PLANNER. SME Ltd. IS A TECHNOLOGY PROVIDER WHICH AMONG OTHER THINGS FACILITATES THE SHARING OF TRADE INFORMATION VIA THE INTERNET. USERS OF THE SERVICE MAY USE THE TRADE INFORMATION TO FORMULATE THEIR OWN INVESTMENT DECISIONS WHICH COULD BE TO COPY THE TRADES OF OTHERS. ALL INFORMATION ON THE SME-FX.COM IS PROVIDED FOR INFORMATION PURPOSES ONLY. THE INFORMATION IS NOT INTENDED TO BE AND DOES NOT CONSTITUTE FINANCIAL ADVICE OR ANY OTHER ADVICE, IS GENERAL IN NATURE AND NOT SPECIFIC TO YOU. BEFORE USING THE COMPANY’S INFORMATION TO MAKE AN INVESTMENT DECISION, YOU SHOULD SEEK THE ADVICE OF A QUALIFIED AND REGISTERED SECURITIES PROFESSIONAL AND UNDERTAKE YOUR OWN DUE DILIGENCE. NONE OF THE INFORMATION ON OUR SITE IS INTENDED AS INVESTMENT ADVICE, AS AN OFFER OR SOLICITATION OF AN OFFER TO BUY OR SELL, OR AS A RECOMMENDATION, ENDORSEMENT, OR SPONSORSHIP OF ANY SECURITY, COMPANY, OR FUND. THE COMPANY IS NOT RESPONSIBLE FOR ANY INVESTMENT DECISION MADE BY YOU. YOU ARE RESPONSIBLE FOR YOUR OWN INVESTMENT RESEARCH AND INVESTMENT DECISIONS.

You hereby agree, to the fullest extent permitted by law, to indemnify, defend, and hold SME Ltd, its Affiliated Entities and each of their respective directors, managers, employees and agents, as well as Authorized operators, harmless from and against any and all third party claims, demands, causes of action, suits or proceedings, as well as any and all losses, liabilities, damage, costs or expenses (including any reasonable attorneys' fees), arising from or relating to:
Your violation of these Terms of Use when using the website www.sme-fx.com,
infringement of any copyright, trademark right, trade secret, vendibility, patent or other intellectual property right of any third party, damage of any third party's reputation or violation of publicity or privacy right of any third party, in connection with any material posted by the User on the website www.sme-fx.com.

CFTC RULE 4.41
Hypothetical or simulated performance results have certain limitations. Unlike an actual performance record, simulated results do not represent actual trading. Also, since the trades have not been executed, the results may have under-or-over compensated for the impact, if any, of certain market factors, such as lack of liquidity. Simulated trading programs in general are also subject to the fact that they are designed with the benefit of hindsight. No representation is being made that any account will or is likely to achieve profit or losses similar to those shown

The information on this site is not directed at residence of the United States and is not intended for distribution to, or use by, any person in any country or jurisdiction where such distribution or use would be contrary to local law or regulation.

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