RM SOCIAL

Radex Markets (hereinafter the “Company”, “we”, “our”, ”us”), which is registered under Company No.: 810629-1 and holds Securities Dealer License No. SD226, to its Clients under the following terms. This Terms and Conditions (hereinafter the “Terms”) set out the specific terms that will apply to Clients (hereinafter “you”, “your”, “yours”,“yourselves”) when using the RM SOCIAL (Social Trading) (hereinafter the “Program”) offered by Radex Markets on its Platform. These terms apply to you in addition to the legal documents including Terms and Conditions, Product Disclosure Statement (“PDS”), and other documents available on our website.

By participating in this Program, you acknowledge that you have read, understood these terms as well as other legal documents that apply to your trading account.

2.1 RM SOCIAL is a trading functionality that allows you to copy the account of other traders, it is a method that allows you to copy specific strategies of a copied investor (“Provider”). You are responsible for choosing the Provider. We do not assume any liability for the decisions made by the chosen Provider.

2.2 The Provider is not an employee or a contractor or an agent of Radex Markets and is not affiliated with Radex Markets in any other way. Radex Markets does not authorise the Provider to promote the services provided by the company or to solicit any third parties to make investments.

2.3 Radex Markets does not provide asset management, portfolio management, personalized investment recommendations or advisory services to you within the scope of the Program. Any information provided by the company to you with regards to the Program is not, and should not be, considered as an advice of any kind.

2.4 You may not interfere in the trading operations of the Provider or challenge their trading strategies.

2.5 Your funds are deposited to or withdrawn from, the RM SOCIAL Account solely by you.

2.6 All settlements and remittances on the RM SOCIAL Account related to the Fees and distribution of profit are exercised by Radex Markets.

2.7 Radex Markets has no obligation to reveal any personal information about the Provider.

2.8 Approval to become a Provider is subject to the appropriate registration and confirmation by Radex Markets.

2.9 Radex Markets reserves the right to pause, stop or block any Provider from being copied or you from copying the trading activity of the Provider under the RM SOCIAL Account functionality at any time at our own discretion.

3.1 To set up the RM SOCIAL Account, you must accept these Terms.

3.2 By accepting these Terms, you shall be deemed to have unconditionally accepted these Terms.

3.3 Following the registration of the RM SOCIAL Account, you will receive a confirmation email and detailed manual containing instructions about how to operate the RM SOCIAL Account.

3.4 Provider accounts shall appear in the public list of provider accounts available on our Website.

3.5 To activate the RM SOCIAL Account, you must fund the account in order to copy the trade signals of the chosen Provider.

3.6 The name and description of the RM SOCIAL Account must not contain any of the following:
a. Obscene language or any elements that are insulting in nature, including racial, religious, nationalistic and ethnic slurs;
b. Guarantees of profits or other promises;
c. Direct or indirect references to the Company’s competitors;
d. Names of government bodies or officials;
e. References to other RM SOCIAL Accounts.

3.7 Radex Markets reserves the right to change the Provider’s name and summary of the RM SOCIAL at our own discretion and may not give prior notice.

3.8 Radex Marketsreserves the right to decline a deposit into the RM SOCIAL Account without prior notice or explanation when:
a. Fraudulent activity is suspected;
b. The Client’s username contains elements as set out in Clause 3.6 and Radex Markets’ request to change that username has not been satisfied;
c. Radex Markets deems it necessary under the circumstances.

4.1 You authorise Radex Markets to issue the Copy Orders by indicating the relevant Provider in the dedicated section of the Platform. The execution by Radex Markets of the Copy Orders shall not require any additional authorisation or consent from you.

4.2 The Copy Orders shall be executed by Radex Markets on a fixed or pro rata basis and in accordance with the restrictions, including without limitation the Minimum Deposit, length of the Trading Interval etc., which may be specified on the Website or the Platform.

4.3 The trade signals originated by the Provider shall be shared through the relevant functionality of the Platform.

4.4 You will be charged one or more of the following Fees for the execution of the Copy Orders by us:
a. Performance Fee
b. Any other fees as may be introduced by us.

4.5 The Fees shall be calculated as set out in the fee schedule published on the Website. The Fees shall be charged automatically by the Platform.

4.6 By applying for the RM SOCIAL Account, you confirm that you:
a. Have all the power and authority to abide by these Terms and understand the significance and consequences of your own actions;
b. Assume responsibility for enforcing the provisions of these Terms;
c. Are suitable for receiving the RM SOCIAL Account services;
d. Agrees to, and accepts the leverage used by the chosen Provider and the restrictions which may be applied to the RM SOCIAL Account;
e. Will check on a daily basis the status of your RM SOCIAL Account.

4.7 Execution of the Copy Orders by Radex Markets does not create a contract between you and the chosen Provider and doesn’t bind the company in any way.

4.8 Upon successfully subscribing to the Provider, users have the ability to specify the copying volume scaling, ratio multiplier, and direction within the Subscription Profile.

4.9 The program will initiate only upon clicking the "Activate" button located in the subscription profile.

4.10 Users can discontinue copying the Provider and unsubscribe by either suspending or unfollowing the Provider.

5.1 You confirm and acknowledge that decision to copy a Provider(s), the opening and closing of copy trade(s) will happen from your trading account through the automated trading execution, without your manual intervention. You further authorise us to execute all actions undertaken by the chosen copied Provider or strategy, such actions are automatic once initiated by you and do not require any pre-authorisation of ongoing activity/copy trades.

5.2 You confirm and acknowledge that a decision to follow a Provider(s), is performed at your own initiative without our intervention and you are solely responsible for any actions and losses that may arise in your Trading Account.

5.3 You remain at all times, solely responsible for monitoring, selecting and assessing the suitability of one or more Provider's Strategies they choose to copy, and you shall be able to simultaneously copy a maximum number of Strategies based on margin availability. The Strategies do not contain and should not be construed as containing financial advice or a financial and/or investment recommendation or, an offer of or solicitation for entering any trades.

5.4 You can close any copied trades manually at any time.

5.5 Radex Markets shall continue to be committed to exercising reasonable endeavours to monitor the performance of Providers’ accounts, portfolio and/or strategy, against parameters established by them, which may include, risk behaviour, performance, profitability, drawdown and any other parameters deemed relevant by us.While Radex Markets may monitor Provider performance for internal risk control and platform integrity, this does not constitute supervision, endorsement, or a guarantee of Provider performance. You remain solely responsible for your selection and use of any Provider or strategy.

5.6 All performance-related data shall be automatically updated and made accessible through the Client Trading platform and the RM SOCIAL portal. The user acknowledges and agrees that they are solely responsible for all activities conducted under their login credentials.

5.7 Radex Markets reserves the right to stop you from copying any Provider, account, portfolio and/or strategy, at our own discretion and to block any Provider’s account, portfolio and/or strategy from being copied.

5.8 Your positions in respect to orders requested or executed with any of the financial instruments offered by us, shall be copied in fixed or pro-rata propositional to equity amounts.

5.9 You acknowledge and understand that you use the RM SOCIAL Program at your own risk. Radex Markets, and our employees, affiliates, clients, and agents will not be liable for any losses that you may sustain as a result of using the Program or the non-performance of a Provider.

5.10 If you participate in the promotion program and RM SOCIAL simultaneously, you acknowledge and accept that the bonus credit received may impact your equity. Additionally, following multiple providers on RM SOCIAL may increase your overall trading risk.

5.11 The bonus credit provided from the promotion program may affect your leverage when specific volume scaling modes are applied while following a provider on RM SOCIAL. Leverage magnifies both potential profits and losses, and you are responsible for understanding the risks associated with margin trading.

5.12 Other than the costs referred to within the Client Agreement and Trading specifications incorporated to our website and Client Trading Platform, there will be no additional costs incurred by the client for the RM SOCIAL service.

6.1 You represent and warrant that:
a. Carrying out trading activities on the RM SOCIAL Account does not violate the requirements of any applicable law (including but not limited to currency, taxation, civil (commercial), banking or any other legislation) of your country of residence.
b. You possess all necessary authorisations, approvals, permits, licenses, registrations and consents from each relevant regulatory body/authority necessary to enable you to lawfully accept these Terms and to perform the entire duties and obligations hereunder.You shall at all times whilst these Terms remain in effect, comply with all relevant rules and the conditions attaching to such authorisations, approvals, permits, licenses or consents and with any laws, rules, regulations or requirements of all relevant governments, agencies, bodies or institutions so far as they relate to the performance by you of your duties and obligations hereunder, and you covenant to inform us of any actual or likely change in such status.
c. You understand and acknowledge that Trading forex, derivatives and leveraged products carries a high level of risk, including the risk of losing substantially more than the initial investment;
d. You accepted these Terms according to the procedure and on terms specified on the Website.
e. All personal data submitted by you to us is valid and accurate.
f. Acceptance by you of these Terms and the performance of you obligation hereunder do not conflict with, nor result in a breach of, or constitute a default under, the terms of any other, agreement, arrangement or understanding to which you may be a party.
g. These Terms shall at all times constitute a legal, valid and binding obligation on you.

6.2 In addition to the representations and warranties set out in Clause 6.1, in the instance where you registered as a Provider, you represent and warrant that you:
a. Have a practical trading experience in Financial Derivatives.
b. Completely understand the meaning of the activities performed in the capacity of the Provider and acknowledge the legal consequences thereof.
c. Shall carry out activities aimed and focused at increasing the RM SOCIAL Account’s Equity.
d. Shall operate in good faith.
e. Shall assure full confidentiality of access details to the RM SOCIAL Account.
f. Shall not “churn the trading account” (or in other words open and close many trades for the purpose of gaining commission rebates).
g. When dealing with third parties, you agree to:

i. Not to use our name, trademark, logo or any other intellectual property in any documents, websites or any other material without the prior written consent from us;

ii. Not to write and/or distribute and/or assist in writing and distribution of any materials concerning Radex Markets (notes, articles, etc.) to any printed and electronic media (including but not limited to blogs, internet forums, etc.) without prior written consent from us;

iii. Not to give any guarantees and/or make any promises, any statements and/or representations on behalf of us regarding the RM SOCIAL Account, particularly, using our name and/or trademark;

iv. Not to make any false or misleading statement about your RM SOCIAL Account;

v. Not to make any other actions which may cause any damage to us or entail any claims against us laid by third parties;

vi. Not to make any claim to us for any costs incurred by the Provider;

vii. To disclose to us details of any investigation by any regulatory body/authority into the Provider's affairs and the details of any past investigation into the Provider's affairs by any regulatory body/authority and details of any sanctions or penalties imposed on the Provider by any legal or regulatory body/authority within the past 5 (five) years;

viii. Not to represent yourself as our affiliate or agent or contractor or employee, publicly or otherwise, in contracts and agreements either verbally or in writing;

ix. Not to assume any obligations before third parties on behalf of us and shall not put us under any obligations;

x. To resolve all disputes and claims from third parties related to your activities in the capacity of Provider individually, using your own efforts and at your own expense.

xi. If in the result of the Provider’s failure to fulfil any of the obligations listed in Clauses 6.1 and 6.2, any claims or actions laid against us, the Provider undertakes to reimburse all the costs incurred by us in full measure. In such events, all Providers' withdrawal requests will be cancelled by us and will not be executed until the full resolution of all the disputes.

h. In addition to the representations and warranties set out in Clause 6.1 you specifically assure and agree that you:

i. Will check the RM SOCIAL Account statements regularly and it is your responsibility to review all statements. If you believe that a statement received by you is incorrect, you must tell us immediately. Statements will be conclusive and binding unless we receive an objection from you in writing within 24 hours of receipt;

ii. You are fully responsible for the performance of your RM SOCIAL Account and free to withdraw the available funds at any time;

i. Will immediately notify Radex Markets if you are unable to log into your account and/or you’re at the Platform and/or is not receiving the email communications, so that Radex Markets could rectify the situation.

j. Will not reveal the credentials (password, ID) of your RM SOCIAL Account and will not give access to any third party to your RM SOCIAL Account.

7.1 Radex Markets represents and warrants that we:
a. Do not take part in the management of the RM SOCIAL Account, but only provide access to the Platform functionality and information resources required for copying the trade signals generated by the Provider.
b. Are not a financial advisor and it does not give any recommendations regarding management of the RM SOCIAL Account.
c. Do not give any instructions or consultations, particularly in analytical materials published by the experts of Radex Markets on the Website, which in no case should be qualified as management recommendations, as well as pieces of advice, consultations, or recommendations regarding any types of investments.
d. Exclusively controls the correctness of calculation and settlements between Radex Markets and you and between you and the Provider as set out in these Terms.
e. Shall use every reasonable effort to ensure that the Program function, and any on-going obligations or liabilities which may be imposed on you, including taking all reasonable steps to ensure that you are given (in a comprehensible way) all the information needed by you.

8.1 Any positive or negative consequences of the execution of the Copy Orders under these Terms shall have a direct effect solely on you. While providing the Program, Radex Markets bears no responsibility for the actions of you including you registered as Providers.

8.2 By instructing us to execute the Copy Orders, you confirm that you understand and accept the inseparable risks associated with trading in CFD products.

8.3 Radex Markets is not responsible for the competency of the Provider, the business and ethic merits and bears no responsibility to you - for any possible loss or lost profit.

8.4 Radex Markets is not responsible for ensuring that the Provider is licensed or authorised (if required) to carry out the activities contemplated by these Terms.

8.5 Radex Markets is not responsible for providing the Provider with premises, data systems, any secretarial, book-keeping or record keeping services to assist in exercising the management of the RM SOCIAL Account.

8.6 Radex Markets expressly states to you that we do not guarantee profit or the recurrence of rates of return that have been made by the Provider in the past and warns that no positive record of trading strategy implementation ensures the repeat of trading success in the future.

8.7 You shall bear financial responsibility for any negative Equity incurred on the RM SOCIAL Account as a result of the execution of Copy Orders.

8.8 You accept full responsibility for any and all financial losses such as direct losses or profit losses resulting from the following risks:
a. Risk that the Provider does not possess the necessary qualification (if required) or knowledge necessary to carry out trading activities.
b. Risk that the Provider may carry out fraudulent operations using the Platform functionality.
c. Risk that the Provider may lose control over the RM SOCIAL Account and third parties may gain access to the RM SOCIAL Account.
d. Risk that the Client may misunderstand or misinterpret these Terms.
e. Risk of unforeseen delays in transfers between the Account and the RM SOCIAL Account or late execution of deposit/withdrawal instructions by us.
f. Risk of the RM SOCIAL Account’s closure.

8.9 Under no circumstances does Radex Markets bear responsibility for the consequences of such risks listed in Clause 8.8 above.

8.10 Radex Markets gives no warranty as to the performance and/or profitability of your trading decisions including the performance of any investment, portfolio or strategy followed by Provider(s).

8.11 Radex Markets shall not be liable for any loss suffered by you in connection with the Program under these Terms unless such loss arises directly from the gross negligence or fraud of Radex Markets.

8.12 Radex Markets shall not be liable to you or any other person for any consequential, circumstantial, special or indirect damages (including without prejudice to the generality of the aforementioned, loss of profit, loss of opportunity, commercial losses and damages) which are incurred by you in connection with these Terms.

8.13 Radex Markets will not be under any duty to provide you with any legal, tax and other advice relating to any Transaction or to the use of the Program. You may wish to seek independent advice before entering into a Transaction or use of the Program.

8.14 The Company does not guarantee the reviewing and monitoring of all content posted through any of the Company’s websites, application and/or any network status/posts/blogs/forum and any other communications and/or content options available by the Company and the Company does not in any manner encourage, support, verify or agree with any such content that has not been reviewed or monitored.

8.15 Radex Markets provides the RM SOCIAL Features for information purposes only and neither we nor our affiliates and/or employees and/or agents are investment or financial advisers and any information is provided solely to enable you to make your own decisions and does not amount to investment, tax, legal or other advice or unsolicited financial promotions to you and you at your own risk are solely responsible for any decision, strategy and actions and/or losses sustained as a result of your own actions.

8.16 You are solely responsible for seeking independent advice prior to using any of the services provided under these Terms and in determining whether the services under these Terms are appropriate and/or suitable to you.

8.17 Information of the previous/past performance of a Financial Instrument is not a guarantee for its current and/or future performance. The use of historical data does not constitute a binding or safe forecast as to the corresponding future performance of the Financial Instruments to which the said information refers nor that any account will likely achieve profits or losses similar to those applied by and shown in the Provider(s) account.

8.18 Placing additional trades on your account or modifying or cancelling an order generated by the use of RM SOCIAL Features acknowledges that this may result in a different outcome than the outcome reached in the account of the Provider(s). Unopened copied trades in amounts lower than the minimum trade may also result in different results. Cash-out and withdrawal by the Provider may also generate a materially different result from what you have copied as it may affect the copy trading proportions.

8.19 You are warned that Slippage may occur when trading in Financial Instruments and Radex Markets does not guarantee that the trade will be filled at the order price/stop loss specified in the account of the Provider(s) and all orders will be filed at the available market price available to us that may or may not match the requested order price.

9.1 Radex Markets acts exclusively as the provider of the technical facilities and access to the Platform (acting directly or through its counteragents). The company shall by no means bear any responsibility for the profitability or losses of any trading operations performed on the RM SOCIAL Account.

9.2 Radex Markets reserves the right to make proper enquiries of the Provider and/or relevant regulatory authorities to establish that the Provider does hold any required permissions. At the request of Radex Markets, the Provider shall supply details and evidence to us of their legal and/or regulatory status and of the licensing and/or authorisation requirements applicable to their activities (if any).

9.3 If Radex Markets discovers that the Provider is procuring losses and/or damages to us, then we reserve at our own discretion the right to:
a. Inform you, who has instructed Radex Markets to copy the trade signals of that Provider, and/or
b. Suspend the trading activity of the Provider, and/or
c. Close the RM SOCIAL Account and block the operations of the Provider, and/or
d. Decline paying the Performance Fee or any other Fee to the Provider, and/or
e. Use the Performance Fee or any other Fee to compensate the Company’s losses of any kind resulting from the actions of the Provider.

9.4 You (including acting in the capacity of the Provider) hereby agree to indemnify and hold harmless Radex Markets and our affiliates, partners, co-owners, contractors and each of the respective directors, officers, agents, representatives, employees and invitees against any losses, damages, claims, expenses, liabilities, demands, costs of any kind or nature whatsoever (including all consequential, direct, indirect, special or incidental loss or punitive damages or loss, fines, penalties, interest and loss of profit or any other form of economic loss (including loss of goodwill, injury to reputation or loss of business opportunity)) (collectively the “Losses”) that may be incurred by Radex Markets as a result of:
a. Radex Markets acting in good faith while providing the RM SOCIAL Account Program based on instructions or communication which objectively appear to originate from or a person authorised by you (the Provider);
b. Any act or omission of you and/or the Provider or any of their employees or representatives or agents acting on their behalf;
c. Any false or misleading information or declaration provided or made by you or the Provider either to us or to any third party;
d. Radex Markets acting in compliance with any direction, request or requirement of any regulatory authority or government body; regardless of whether any such Losses in question were foreseeable or not.

9.5 The indemnity given in Clause 9.4 shall not be construed as implying any exclusion of or limitation on any contractual liability which you or the Provider may incur under these Terms and is without prejudice to any other rights or remedies of Radex Markets, whether under these Terms or otherwise.

9.6 The indemnity given in Clause 9.4 extends to Radex Markets’ legal, administrative, and other professional fees, costs and expenses incurred in respect of taking any legal or investigatory action against you or the Provider, or instructing any debt collection agency, to recover monies owed by you or the Provider to us.

9.7 The indemnity given in Clause 9.4 shall survive the closure of the RM SOCIAL Account and termination of the Program.

9.8 Radex Markets shall not be liable for any loss arising from any false, misleading, or omitted information presented by a Provider, including trading history or identity.

9.9 You understand that any bonus credit provided from the promotion program may affect your leverage when specific volume scaling modes are applied while following a provider on RM SOCIAL. Leverage magnifies both potential profits and losses, and Radex Markets will incur no liability whatsoever. You are responsible for understanding the risks associated with margin trading.

10.1 By entering into this agreement and accepting these Terms and Conditions, you acknowledge that you have read and understood our Privacy Policy, available on our website.

10.2 Radex Markets may collect client information directly from you (in your completed Copy Trade Contact Form or otherwise) or from other persons including, for example, the credit reference agencies, fraud prevention agencies, banks, other financial institutions, third authentication service providers and the providers of public registers.

10.3 Client information which Radex Markets holds is to be treated by us as confidential and will not be used for any purpose other than in connection with the provision, administration and improvement of the Program, anti-money laundering and due diligence checks, for research and statistical purposes and for marketing purposes. Information already in the public domain, or already possessed by us without a duty of confidentiality will not be regarded as confidential.

10.4 Radex Markets does not disclose to the Provider any information about you, who has authorised Radex Markets to copy the trade signals except the Platform reference of your Account.

10.5 Radex Markets does not disclose to you any information about the Provider, except the name and number of the RM SOCIAL Account and the information located in the relevant section of the Website.

10.6 Radex Markets does not disclose to any third party any information about you and/or the Provider except cases when such disclosure is binding upon the company by virtue of Applicable Laws and Regulations.

11.1 This Agreement is governed by the Laws of the Republic of Seychelles.

11.2 All transactions on behalf of you shall be subject to Applicable Regulations and any other public authorities which govern the operation of us, as they are amended or modified from time to time. Radex Markets shall be entitled to take or omit to take any measures which it considers necessary to ensure compliance with the Applicable Regulations, the relevant market rules. Any such measures as may be taken shall be binding on you.

12.1 These Terms shall become legally binding on you at the moment when you receive a confirmation from us that the RM SOCIAL Account is set up. You shall be legally bound by these Terms until your RM SOCIAL Account is closed.

12.2 Radex Markets reserve the right to review and/or amend the provisions of these Terms at any given time it deems suitable and appropriate without notice to you. These Terms are made available on our website and upon request.

12.3 Radex Markets will incur no liability whatsoever for any partial or non-performance of the provision of the Program by reason of any Force Majeure Event and Radex Markets shall not be held liable for any loss that the Client may incur as a result thereof.

12.4 Radex Markets reserves the right to terminate the provision of the Program to you at any time upon its sole discretion.

13.1 Your registration as a Provider does not entail any changes in the basic status. The Provider is not an investment manager or investment advisor or portfolio manager or an agent or employee or contractor of Radex Markets. In respect to the Provider and you, who have instructed Radex Markets to copy the trade signals, any and all provisions of the Terms apply as well as all regulatory documents of us which are applicable to you. The application of such documents to the Provider and you, who have instructed Radex Markets to copy the trade signals, is carried out without any waivers, except those permitted according to these Terms.

13.2 If, at any time, any provision of these Terms is or becomes illegal, invalid or unenforceable in any respect under the applicable law and regulations of any jurisdiction, neither the legality, validity or enforceability of the remaining provisions of these Terms nor the legality, validity or enforceability of such provision under the applicable laws and regulations of any other jurisdiction shall in any way be affected or impaired.

13.3 Issues not covered in these Terms shall be regulated by the General Terms and Conditions and, where applicable, other legal documents available on our website. In the event of any inconsistency between the provisions of these RM SOCIAL Account Terms and the provisions of the Terms or other legal documents, the provisions of these RM SOCIAL Account Terms shall govern and control.

13.4 Radex Markets may not accept complaints nor compensation requests for the performance of the RM SOCIAL Account. You agree that a Provider Strategy’s poor performance in itself (i.e. a Strategy falling in value) may not constitute a ground for a complaint that can be upheld. The value of a trade generated by a Strategy fluctuates daily; the fact that a Strategy may perform poorly does not necessarily mean that the company or the Provider acted in negligence. Radex Markets remains committed in exercising all good faith in resolving satisfactorily any concerns, other than the above mentioned, raised by you. If Radex Markets receives a complaint, it will be handled as per the dispute resolution procedure as stated in our Disclosure Statement.

13.5 Trading Margin Products can create tax implications. Generally, if you make a gain attributable to an exchange rate or price fluctuation then that part of the gain is included in your assessable income. Conversely, if you make a loss attributable to an exchange rate or price fluctuation then that part of the loss is deducted from your assessable income. However, the taxation laws are complex and vary depending on your personal circumstance and the purpose of your currency trading. Accordingly, you should discuss any taxation questions you may have with your tax adviser before using our products.

14.1 These Terms become effective on the date you or Provider accepted them and shall continue indefinitely until terminated by you or Provider.

14.2 The agreement may be immediately terminated, at any time, in accordance with the provisions set out in the terms of the agreement.