About Xenia (Information and Policies)

Terms and Conditions

Terms Of Use

This is a Customer Agreement (“Agreement”) between Xenia, a company incorporated in July 2009 and organized under the laws of the Cayman Islands under company registration number BC-228942, its successors and assigns, and the individual entity executing this Agreement (“Client”). By completing the on-line Open Live Account Application (“Application”) Client agrees that the terms set out in this Agreement (as amended by Xenia from time to time) govern the terms of all of Client’s dealings with Xenia and Xenia “Services”.

In consideration of Xenia agreeing to carry on one or more services, the Client agrees as follows:

1. Client warrants to Xenia that:  Client is of sound mind, legal age and legal competence; and no person other than Client has or will have an interest in Client’s account(s); and, Client hereby warrants that regardless of any subsequent determination to the contrary, Client is suitable to trade Forex and understands the risk inherent in such trading; and (if not a natural person) is duly organized and validly existing under the applicable laws of the jurisdiction of its organization. If the Client is a company, the person who has completed the Customer Account Application on the Client’s behalf is duly authorized to do so, and Client is not now an employee of any exchange, any corporation in which any exchange owns a majority of the capital stock, any member of any exchange and/or is registered on any exchange, or any bank, trust, or insurance company, and in the event that Client becomes so employed, Client will promptly notify Xenia in writing of such employment; and,  all funds deposited to Client’s account are the sole funds of Client and of no other person or entity; and, all the information provided in the Application is true, correct and complete as of the date hereof and Client will promptly notify Xenia of any changes in such information; and, all information provided by Client to Xenia subsequent to completing the Application form will when given be true, correct and complete as of the date it is given and Client will promptly notify Xenia of any changes in such information; and, the individual entity who completed the Application is authorized to so complete the Application on behalf the Client and is entitled to and does bind Client; and, Client has read and understood all of the terms set out in this Agreement and irrevocably agrees to be bound by them, and, Client represents and warrants that Client considers himself or herself to be a professional trader and it is in that capacity that Client enters into this Agreement. Client confirms that he/she has read and understood the existing Terms and Conditions (with Terms of Use), Privacy Policy and Risk Disclosure Statement. The Client is personally responsible to ensure that the agreement material is the latest updated.

Terms of Use, together with the full Customer Account Application, Risk Disclosure Statement, Privacy Policy and all applicable written Addenda thereto, embodies the entire agreement of the parties (“Operative Agreements”), superseding any and all prior written and oral agreements. By completing the on-line Open Live Account Application, registering as a client and using the Xenia Services, the user agrees to comply with the then valid Operative Agreements. Xenia may, from time to time, make changes to the Terms Of Use so the user should regularly acquaint themselves with these conditions. If you do not accept these terms, we encourage you not to use these Services.

If any term of the Operative Agreements (or any part of any term) shall be held by a court of competent jurisdiction to be unenforceable for any reason then such term shall, to that extent, be deemed severable, but the enforceability of the remainder of Operative Agreements shall not be affected.

2. Responsibility for the content of the Xenia Services

Xenia is responsible for the legality of the content and that it is provided in accordance with good practice, in addition to requirements related to copyrights and other intellectual property rights.

The general information, guidance or advice provided by the Xenia Services are not intended to be a legal, commercial, or similarly Xenia -binding source of information, guidance or advice, and should not be relied upon by the user. On this basis, demands cannot be presented to Xenia. Xenia accepts no responsibility for any damages caused to the user through the use of incorrect, incomplete or ambiguous data.

Xenia is responsible for the services and their accuracy, quality and the functioning of related data in accordance with the applied mandatory legislation.

3. Use of Website

Client acknowledges that whilst Xenia will use reasonable endeavors to ensure all information on its website is accurate, Xenia makes no warranties or representations that the website content is accurate or correct or up to date and any reliance on the information by Client is at Client’s own risk. Client acknowledges that Xenia recommends that Client obtains its own professional legal and financial representation. This website is operated by Xenia, 10 Market Street, #244, Camana Bay, Grand Cayman, KY1-9006, Cayman Islands.

4. Client Information Requirements

The Client shall provide and maintain the Client Information provided to Xenia and is the Client’s responsibility to ensure that the Client update Xenia of any changes.

5. Email Marketing

Client consents to Xenia sending out emails with details of marketing material which Xenia believes may be of interest to Client. Client consents to receiving these emails. Client can unsubscribe from these emails at any time.

6. Clients who are introduced to Xenia 

If someone refers Clients to Xenia, the Client understands that the introduced Client under all circumstances understands and agrees that the Introducing party is the Client’s agent and not the agent of Xenia.

Xenia is a wholly separate and independent entity from any Introducing Broker or Affiliate with which it has a business relationship. The Introducing Broker Agreement between Xenia and Introducing Broker does not establish a joint venture or partnership and any such Introducing Broker is not an agent or employee of Xenia.

All rights of Xenia under these Terms of Use shall also be extended to any Introducing Broker or other person who refers or introduces Client to Xenia.

7. Data security and Confidentiality

Client agrees and acknowledges that Client is the exclusive owner and solely responsible, joint and severally if applicable, for the confidentiality and protection of Client’s account number(s) and password(s) that allow Client to place on-line orders and access Xenia’s electronic trading systems. Client further agrees that Client will be fully responsible for all activities and password(s). Client agrees to indemnify and hold Xenia harmless from: if any other person utilizing Client’s confidential information provides instructions to Xenia that may be contrary to Client’s instructions. Client will immediately notify Xenia in writing or by e-mail of any loss, theft or unauthorized use of Client’s account number(s) and/or password(s). Client accepts that the data networks and the services which are provided through them are not completely safe, and that the user is responsible for the proper handling of the information and security of their own information systems. The user is also responsible for the equipment required to use the Services, the acquisition and operational condition of the links and software and to ensure that they do not cause damage or disruption to Xenia or a third party.

8. No Tax, Accounting, Legal Market Advice or Trading recommendations

Client acknowledges that Xenia does not provide any tax, accounting or legal advice of any kind to Client. Xenia does not give advice or offer any opinion with respect to the profitability, suitability or potential value of a particular transaction or investment strategy. Client further acknowledge that any recommendations, research, market letters or other information (collectively, “Market Information”) provided to Client by Xenia does not constitute an offer or solicitation to sell or to buy anything. Client assumes the risk of relying on Market Information and hereby will indemnify and hold Xenia harmless from any and all claims, demands, losses, damages or expenses Xenia may incur as a result of Client’s use of Market Information. Client agrees that any investment decision and transaction Client makes will be based solely on Client’s own evaluation of Client’s financial circumstances and investment objectives and whether such decisions and transactions are suitable with respect to your investment and/or trading strategy. Xenia does not provide buying or selling recommendations and neither do the services provide general information or other such information intended to guide the investment process of the client so the client must form their own view of the market or use the investment advice of specialists, taking into account that investment operations always come with high risk such as the loss of all invested capital. Client acknowledges and agrees that any market recommendations and information communicated to Client by Xenia, its employees or any Third Party do not constitute an offer to sell or the solicitation of an offer to buy any Foreign Currency. Xenia makes no representation, warranty or guarantee as to, and shall not be responsible for, the accuracy or completeness of any information or trading recommendation furnished to Client

9. No guarantees

The Services of Xenia are provided “as is” and Xenia disclaims any express or implied guarantees. All utilization of the Services takes place at the sole risk of the user.

The user is solely responsible for damages arising from the information system or loss of data resulting from downloading the content (including viruses and malware) of the service. No advice or information, written or verbal, which the user may receive from Xenia or through the service shall create any legally binding counsel or guarantee unless otherwise expressly stated in these Terms of Use.

10. Limitation of liability

Xenia (including its possible service providers) is not responsible for any incidental or consequential damages, including delays, damages caused by unused service possibilities, loss of income, goodwill, user rights, or data or other economic losses, resulting from: use of the services or because these could not be used, costs arising from acquiring a substitute service, data or information received through the services or a message which has been received through the services, unlawful data transmissions or unlawful alterations to these, or other conditions connected to the services. Further, Xenia will not be liable for any loss or expense incurred by the client in connection with, or directly or indirectly arising from any failure by the company to perform any of its obligations as a result of a cause beyond its control; or the acts, commissions or negligence of any third party.

11. Force majeure

A force majeure releases Xenia from any such obligations connected to its services, in so far as events prevent the functioning of its service or parts thereof or causes undue harm to it. Such events considered to be a force majeure are fires, earthquakes, floods, explosions, strikes and other cessations of work, the orders of officials, disturbances concerning the supply of energy, shortages of raw materials or equipment, war, civil unrest, externally caused by external sources resultant cable or data communication disturbances or other such reasons which were not previously known and for which prior preparation was not possible.

Xenia will inform users through written notification of the onset, estimated duration and cessation of the above-mentioned circumstances as soon as possible after the event has occurred, in so far as an announcement is possible. Written notification shall be understood as e-mail, mail or announcement on Xenia’s website.

12. Governing Law and Jurisdiction

This Agreement, the rights and obligations of the parties hereto, and any judicial or administrative action or proceeding arising directly or indirectly hereunder or in connection with the transactions contemplated hereby, whether brought by Client or Xenia, shall be governed by, construed and enforced in all respects by the laws of the Cayman Islands and the parties submit to the exclusive jurisdiction of the Cayman Islands courts.

13. Termination

The Client may terminate their relationship with Xenia with immediate effect by giving Written Notice to Xenia. Accordingly, Xenia may terminate the client relationship with immediate effect by giving Written Notice to the Client. Any such termination will not affect any obligation which has already been incurred by either the Client or Xenia.

14. The validity and changes to the Terms and Conditions and Terms of Use

Xenia may change these Terms of use at any time and without prior notice. Xenia will attempt to inform users of changes to these Terms Of Use in connection with the Services. Changes to the Terms Of Use will take effect at a time indicated by Xenia. By using the Services or by express recognition, the user accepts any and all changes as binding. If the user does not accept any change to the Terms Of Use then they must cease use of the Services immediately.

If you have any questions, feel free to contact us at support@xenia.ky