PART 1 – GENERAL
1. Who we are and how to contact us
- We are FXWay Global a company registered in UNITED STATES OF AMERICA. Our registered office is at 7 Bell Yard, USA
- email at info@fxwayglobal.com
- completing and submitting the form on the ‘contact us’ section of our website at https://www.fxwayglobal.com/
2. By using a Program you accept these Terms
1. 1. These Terms apply to the individual who accept these Terms, or the company or organization on behalf of which an individual accepts these Terms you.
2.2. You will be asked to agree to these Terms prior to submitting your order to purchase a Program.
3. By clicking the “I have read and agree to the Terms of Use” button, you acknowledge that:
(a) you have read, understood and agree to these Terms,
(b) you will be legally bound by these Terms and
(c) where you are using a Program on behalf of your company or organisation, you have the authority to act on behalf of such company or organisation.
4. These Terms apply to your use of the Website and all Programs.
5. We may amend these Terms chronically so you should save a copy of these Terms for your records. We will make every effort to communicate changes to these Terms in advance by email.
6. Any changes to these Terms will be effective from the next time that you access your Account. If you do not agree to any changes, please do not continue to use the Program. Your continued use of a Program shall indicate your acceptance of any change.
7. If you have any questions about these Terms (including any changes we make to these Terms) or technical questions or complaints relating to the Website or any Program, please contact us using the contact details at Clause 1.2 above.
3.Program
1. The programs we offer which can be accessed via our Website. we are simulated trading accounts which allow users to practice their trading techniques and strategies by executing simulated trades using simulated money in a live trading Program environment .
2. The Program does not permit users (at any time) to execute trades in real financial markets with real funds.
3. The funds allocated to the stimulated trading accounts have no monetary value.
4. Users are not able (at any time) to invest their own funds in order to use the Programs.
5. The trading platform on which the Programs operate (Trading Platform) is provided by a third party. The third party’s terms and conditions and privacy policy apply to your use of the Trading Platform and are available when you access the Trading Platform. You should read the third party’s terms and conditions and privacy policy before you first access the Trading Platform. By using the Trading Platform, you agree to the third party’s terms and conditions and privacy policy.
6. Our Website and including the FAQs (https:// fxwayglobal.com/education.html/) on our Website, sets out the specification and functionality of each Program and the rules of the Program with which you must comply on that.
7. If you wish to purchase a Program which allows you to earn reward. you will be required to complete, sign and return to us the Contract Research Agreement. we provide to you (which shall incorporate these Terms). We will grant you access to the relevant Program once you fulfill our requirements (which got include provide to us the completed signed Agreement) and once we have issued the Order Acceptance Email (as defined at clause 1.2). The terms of the Agreement (and these Terms) shall apply to your use of such Program. If you do not provide to us a complete, signed Agreement we may withdraw access to the relevant Program.
8. Our Website sets out if a Program requires you to undertake an Evaluation (defined at clause 3.10).
9. 9. Our Website sets out the Evaluation rules, including the number of Evaluations you are required to undertake, when you are required to undertake the Evaluations and how to complete an Evaluation.
10. Evaluation rules:-
- Profit and Loss (P&L): This is the primary measure of a trading strategy's performance. It calculates the difference between the total gains and losses generated by the strategy over a specific period.
- Return on Investment (ROI): ROI is calculated by dividing the net profit generated by the strategy by the initial investment. It helps traders understand the profitability of their investments.
- Win Rate: The win rate indicates the percentage of trades that resulted in a profit. A high win rate suggests that the strategy is successful in generating profits.
- Risk-Return Ratio: This ratio compares the potential profit of a trade to the potential loss. It helps traders assess the risk-reward balance of their strategy.
- Drawdown: Drawdown measures the peak-to-trough decline in the trading account's equity. It helps traders understand the maximum loss they could incur with the strategy.
- Sharpe Ratio: The Sharpe ratio measures the risk-adjusted return of a trading strategy. It considers both the returns and the volatility of the strategy to assess its performance.
- Maximum Favorable Excursion (MFE) and Maximum Adverse Excursion (MAE): MFE measures the maximum profit that was available during a trade, while MAE measures the maximum loss that occurred before the trade was closed. These metrics help traders understand the potential gains and losses of their trades.
- Time in Trade: This metric measures the average duration of trades. It helps traders understand how long their capital is tied up in a trade.
- Position Sizing: This rule determines the size of each trade based on the trader's risk tolerance and account size. It helps manage risk and maximize returns.
- Market Conditions: Evaluation rules should also consider the market conditions under which the strategy was tested or deployed, as different strategies may perform differently in different market environments
11. An evaluation comprises of the completion of a test to achieve an identified profit target in accordance with the Evaluation Rules.
12. After you have completed an Evaluation. we will determine (in our sole discretion and acting reasonably) if you have passed or failed the Evaluation. Our determination is final. You will not pass an Evaluation if you fail to comply with the Evaluation Rules, if you fail to use the applicable Program in accordance with the rules for such Program, if you fail to use the applicable Program and/or your Account in accordance with these Terms and/or if you use unauthorized means to pass an Evaluation.
13. We will notify you by email if you have passed or failed the Evaluation (“Confirmation Email“).
14. If you have failed an Evaluation. we will disable your access to the applicable Program permanently on or after the date on which we send you the Confirmation Email.
15. If you have passed all Evaluations of a Program.
16. (a) We will disable your access to applicable that Program permanently on or after the date on which we send you the Confirmation Email.
(b) You will have the opportunity to participate in (at no additional cost) a Program which allows you to earn rewards from your trades. If you wish to participate in such Program, you will be required to complete, sign and return to us the Agreement. On receipt of the completed signed Agreement, we will grant you access to such Program and these Terms and the terms of the Agreement (and these Terms) shall apply to your use of such Program.
4. Account
1. When we accept your initial order to purchase a Program, we will create an account and email you the account details and password and you can reset your password.
2. You must ensure that your password is kept secure and confidential and you must not allow a third party to access your Account. You must immediately notify us of any unauthorized use of your password or any other security breach relating to your Account. You are responsible for any activity on your Account. We are not responsible for any activity that occurs on your Account including any unauthorized access of your Account. We cannot reverse any activity that occurs on your Account, including any activities performed by an unauthorized third party. It is your sole responsibility to monitor and control access to and use of your Account and password. You must take all other actions that we reasonably deem necessary to maintain or enhance the security of our computing systems and networks and your access to any Program.
3. You must not create more than one Account (even if using different email addresses) without obtaining our prior written consent. See our FAQs for details of our normal approach.
5. Your obligations and restrictions
1. You are permitted to use any Program solely for the purpose of practicing your trading techniques and strategies by executing stimulated trades using stimulated money in accordance with these Terms and conditions. The Agreement (if applicable), the Program Rules and Evaluation Rules is applicable. (“Purpose“).
2. When using the Website and any Program, you have to agree on that of our terms and conditions.
3. Attempt to undermine the security or integrity of the Website or Program, or our computing systems or networks of or those of our suppliers.
4. Use or misuse the Program or Website in any way which may impair the functionality of the Program or Website or other systems used to deliver the Program or operate the Website or impair the ability of any other user to use the Program or Website
5. attempt to gain unauthorized access to any materials other than those to which you have been given express permission to access or to the computer system on which the Program or Website are hosted.
6. Transmit or input into the Program or Website any files content or data that may damage any other person’s computing devices or software content that will be offensive and in violation of law.
7. Create links to the Program or Website unless we give you prior written consent.
8. Attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Program or operate the Website that will be offensive and in violation of law and our terms and conditions.
9. Access all part of the Program in order to develop a product which competes with the Program.
10. Do not use the Program or Website for any unlawful purpose.
11. Resell or export the software associated with the Program Website that will be offensive and in violation of law and our terms and conditions.
12. Engage or co-operate with any third party to execute trades or permit any third party to execute trades on your behalf using your Account Website that will be offensive and in violation of law and our terms and conditions.
13. Access another user’s account for trade on behalf of another user or manage or operate another user’s account Website that will be offensive and in violation of law and our terms and conditions.
14. Circumvent any technical restrictions.
15. You are responsible for configuring your information technology and computer programs to access and use the Website and any Program.
6. Intellectual Property rights
1. In this Clause shall mean any patent, trade mark, Service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property of rights has not been registered in this world.
2. All IPR contained in and relating to any Program and Website are owned by or licensed to us. You do not have a right to use any IPR contained in or relating to any Program and the Website otherwise than as expressly permitted in these Terms or by law.
2. All IPR contained in and relating to any Program and Website are owned by or licensed to us. You do not have a right to use any IPR contained in or relating to any Program and the Website otherwise than as expressly permitted in these Terms or by law. 3. You may print or download content from our Website and any Program for your own personal, non-commercial use or copy the content to other individuals for their personal information provided that.
- no content is modified in any way;
- no graphics are used separately from accompanying text;
- our copyright and trade mark notices appear in all copies and you acknowledge our Website and/or the relevant Program (as applicable) as the source of the material; and
the person to whom you provide these materials are made aware of these restrictions.
4. You are under no obligation to provide feedback, improvements or other suggestions (“Feedback“) relating to any Program or the Website. If you do so, you acknowledge that:
- we are entitled to use such Feedback as we determine in our sole discretion including but not limited to developing, improving or modifying any Program and the Website and without acknowledgement or payment to you; and
- we shall own any and all IPR subsisting in or arising in relation to such Feedback as may be incorporated into future versions of any Programs and/or the Website.
7. Disclaimer
- The Programs are delivered using stimulated-live accounts only. All stimulated trades are fictitious in nature and at no point will you trade in real-world financial instruments, i.e. CFDs, securities, commodities and crypto currencies.
- The Programs do not provide the same experience as trading a live trading environment using your personal funds due to the perceived psychological differences of managing stimulated funds, versus personal real-world funds.
- You should consider the financial risk to you before purchasing any Program. You should only purchase a Program with funds you can afford to spend.
- The price you pay to purchase a Program is not a deposit or investment. The fee is used towards the administration costs of servicing the complexities of the stimulated-live environment, our staff costs, and in the accrual of capital to service payments to users that earn rewards from their trades.
- We do not provide investment or other financial advice or recommendations.
- Your performance is not indicative of trading on real financial markets. Past performance and demo gains are neither a guarantee nor an indication of future performance.
- You should rely on a decision based on any information, results, suggestions found on or obtained through the Website or your use of any Program.
- The Website and all Programs are provided on as “as is” and “as available” basis.
- To the fullest extent permitted by law, any program achieve any intended result or purpose meet your requirements the Website and any program. we make no promises or warranties of any kind that.
- We will always be secure and free from viruses (although we comply with industry standards and processes to prevent against the introduction of viruses, malware and malicious attacks that may harm the Website, any Program or the device that you use to access the Website or any Program.
- Any content on it will always be available or uninterrupted. We may suspend, withdraw, or restrict the availability of all or any part of our Website or any Program from chronically.
- Will stay the same, as we may change, modify, amend, add to or remove some or all of the functionality of or content on any Program or the Website from chronically.
- Any content on it will be accurate, error free, complete and update.
- We will be compatible with all and any hardware and software you may use.
- Any content on that do infringe a third party’s intellectual property rights.
- We may link to other websites. When we do this we will try and make it as clear as possible that you are leaving our Website. We are not responsible for these websites in any way, and do not endorse them. You should check the third party’s terms and conditions and privacy policy when you visit their websites.
8. Our responsibility to you for loss or damage you suffer
- This Clause 8 sets out our entire liability (including any liability for the acts or omissions of our employees, agents and sub-contractors) in respect of.
- Any breach of these Terms.
- Any use made by you of any Program and the Website.
- Any representation, statement or tortious act or omission including negligence made by representative. Our company will not responsible for it.
- Subject to the provisions of this Clause 8, our total liability to you shall not exceed the price you paid for the Program.
- Nothing in these Terms excludes our liability for.
- Death or personal injury and fraud or fraudulent, misrepresentation and any misconduct by any FXWay Global representative, company will not responsible for this.
- Any liability which cannot be legally excluded or limited.
- We are only liable to you and your losses which you suffer as a direct result of our breach of these Terms and which are reasonably foreseeable.
- We accept no responsibility or liability whatsoever for any claims, costs, losses, expenses or damages you incur (whether direct, indirect or consequential) if you rely on, or take (or not take) a decision based on any information, results, suggestions found on or obtained through the Website or your use of any Program.
- If you use the Program for any commercial or business purposes, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- We have no liability for any information displayed on the Trading Platform, or for any interruptions, delays or inaccuracies in the market or statistical data displayed on the Trading Platform.
9.Term, termination and consequences of termination
- We will grant you access to a Program on or after the date on which we accept your order pursuant until the date.
- We disable your access to the applicable Program on a permanent basis pursuant
- We withdraw the Program in its entirety.
- You cease to make use of your simulated account by placing a simulated trade for a consecutive period of 30 days.
I. Whichever is the earlier (“Term“).
II. At the end of the Term:
- We will cease and block use of the applicable Program.
- We will disable your access to the applicable Program and we will cease and block use of the applicable Program.
- Any amendment of these Terms that expressly or by implication is intended to come into or continue in force on or after the Term shall remain in full force and effect.
- If you breach any of these applicable Terms, the Agreement the Program Rules and Evaluation Rules we reserve the right to suspend or terminate your Account and you will not be entitled any payment if we suspend or terminate. We will email you to let you know if we suspend or terminate your Account.
10. Trading styles and risk management>
FXWay Globalmay perform a risk review on accounts at any stage of the process. FXWay Globalreserves the right to terminate an account or agreement or deny a withdrawal request if it is deemed a customer has abused margin availability on an account or not applied an appropriate risk management strategy. Such strategies include, but are not limited to those described below. Terminate an account or agreement or deny a withdrawal request if it’s deemed a customer has abused full margin availability on an account or not applied an appropriate risk management strategy.
11. Prohibited Strategies
- Displaying insufficient risk management in a way that would not be an applicable strategy in the real market where the following hallmarks are most prevalent.
- Taking of Excessive risk in terms of the percentage of an account risk in a single simultaneously trade.
- Excessive cumulative risk taking in terms of the percentage of an account risk in a series of overlapping simultaneously-trades.
- Excessive risk taking exacerbated by news events. This relates to a “Boom or Boost” approach where the success or failure of the account relies upon one simulated-trade, or a series of simulated-trades connected to a major news event.
- Simulated-trading in such a manner that if conducted in a real trading environment it would raise substantial concerns that the relevant broker or institution may suffer real financial harm resulting from the customer’s risk-taking behavior.
- Simulated-trading which either knowingly or unknowingly, exploits errors and delays in pricing feeds including, but not limited to Arbitrate.
- Simulated trading:- Simulated trading, also known as paper trading or virtual trading, is a practice where individuals can trade financial instruments without risking real money. It allows traders to test out trading strategies, familiarize themselves with trading platforms, and gain experience without the potential for financial loss. Many brokerage firms offer simulated trading platforms that mimic real market conditions. Is there something specific you'd like to know about simulated trading?
I. More Risk: Since you're using virtual money, there's more risk of losing real money. This allows you to negative experiment with negative different strategies and techniques without financial consequences.
II. Real Market Conditions: Simulated trading platforms often simulate real market conditions, including prices, order types, and market data. This provides a realistic trading negative experience.
III. Platform Familiarization: It will not help you become familiar with the trading platform's features, order types, and execution process.
IV. Strategy Testing: You cannot real test various trading strategies, such as day trading, swing trading, or long-term investing, to see how they perform in different market conditions.
V. Technical Analysis: It will not allow you to practice technical analysis techniques, such as chart patterns, indicators, and trend analysis, to identify potential trading opportunities.
VI. Risk Management: You cannot learn and practice risk management techniques, such as setting stop-loss orders and position sizing, to manage your trades effectively.
VII. Emotional Control: Simulated trading can harm your emotional control and discipline, which are not crucial for successful trading.
VIII. Performance Tracking: You cannot track your simulated trades and analyze your performance over time to identify strengths and areas for improvement.
IX. Market Education: It will not provides real valuable educational experience, helping you understand how the financial markets work and how different factors can impact asset prices.
X. Transition to Live Trading: Simulated trading can serve as a stepping stone to live trading not allowing you to gain confidence and experience before risking real money.
- Overall, simulated trading is not valuable tool for traders of all levels to hone their skills, test strategies, and improve their understanding of the financial markets.
- FXWay Globalreserves the right to vary prohibited strategies from time to time as it deems appropriate, and to apply its discretion when applying these terms, without notice. This includes identifying practices not hitherto included, which nevertheless amount to a novel abuse of the platform.
- FXWay Globalmay apply any of the below, either in isolation or multiples, in response to account activity that falls within the behaviors
- Where behavior have been identified during a review of an Evaluation pass. During the “FXWay Global + Trader Phase”. And at the point of a withdrawal of simulated-profit, this may lead to the forfeiture of the account pass, or in cases of attempted withdrawal of simulated-profit, may lead to the forfeiture of any and all simulated-profit, at FXWay Globalsole discretion. Should this be the case there may be no refund for services already rendered by FXWay Global.
- FXWay Globaldisclaims to its customers that undertaking any trading, whether simulated or otherwise, on its platform or elsewhere may not be profitable. Please review our Disclaimers in full prior to participation. FXWay Globalmakes clear that performance in a simulated environment is not indicative of like-performance in real financial markets. Do not use results obtained within FXWay Global’s platform to inform choices to trade in real markets at any point. Hypothetical Performance results are not indicative of future performance and may lead to significant financial harm should you engage in real trading, in real markets. FXWay Globaloffers simulated-live conditions only.
11. BUSINESS DISRUPTION
- 1. In the event of a significant disruption in service e.g. a trading platform becomes unavailable, and you are currently in the ‘FXWay Global + Trader’ phase, all simulated-live balances shall be frozen until such time as they can be transferred to a future available trading platform. The equity or balance of an account may be ‘snapshotted’ at the earliest convenience of FXWay Global. Any active/open trades or closed trades on an account may be closed or cancelled at the earliest convenience at FXWay Global’s sole discretion. In this circumstance, FXWay Globalis not liable for any simulated-losses or simulated-gains made on accounts and FXWay Globaldoes not need to apply any credits or adjustments to balance or equity on an account that may have been made or lost from the mentioned active/open trades.
- 2. In the event of a significant disruption in service e.g. a trading platform becomes unavailable and you are participating in in an Evaluation program
I. FXWay Globalwill transition you to an alternative trading platform
, including identical metrics e.g. drawdown levels.
II. Offer alternative options at FXWay Global’s sole discretion.
III. Our Privacy Policy and Cookies Policy
IV. For more information on how we collect and use your personal data in relation to your use of any Program, please see our Privacy Policy.
- 3. For more information about the type of cookies used on our Website and how you can set your cookie preferences, please see our Cookies Policy.
13. Other important terms
- You may not transfer any of your rights under these Terms to any other person, company or organization.
- We may transfer our rights under these Terms to another company or organization or ask another company or organization to fulfill any of our obligations under these Terms. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights.
- Only you and we have rights under these Terms. No other person, company or organization shall have any rights under these Terms.
- This Agreement is governed by English law.
- If you are a company or organization, you must bring legal proceedings in the English courts.
- If you are a consumer, (i.e. you have not purchased any Program in the course of its business, trade or profession), you cannot bring legal proceedings.
- Legal proceedings will concern only in the English courts.
- In English courts if you live in B2059 Sofia Cluster Atlanta US.
PART 2 – ORDERS
This Part 2 applies to your order and purchase of any Programs.