Terms & Conditions
Welcome to EPFX! We are pleased to offer you our services. These Terms and Conditions (hereinafter the “Terms”) govern your use of our websites https://www.epfx.com/ and the services we offer.
1.Authorization to Trade
The Customer’s application to open an account with EPFX LTD (trading as “EPFX”) binds them to the Terms and Conditions of this Agreement, and this action automatically acknowledges and accepts the Terms and Conditions listed below. EPFX LTD may maintain one (1) or more accounts in the name of the Customer. It may also conduct transactions for the Customer’s account based on verbal, written, or electronic instructions from the Customer and its officers, partners, principals, employees, and/or other agents (hereinafter referred to as “Representatives”). The Customer will bear the risk of all unauthorized instructions administered by their Representatives. The Customer will indemnify and hold EPFX LTD harmless from all claims, liabilities, losses, damages, fees, costs, and/or expenses relating to or arising from EPFX LTD’s reliance on such instructions, including any improper, unauthorized, or fraudulent instructions by the Representatives, unless EPFX LTD’s conduct was grossly negligent and/or willful. All transactions between EPFX LTD and the Customer shall be governed by the terms of this Agreement, as amended from time to time.
2. Accounts
2.1 ACCOUNT APPROVALS AND MAINTENANCE
EPFX LTD reserves the right, in its sole and absolute discretion, to reject the Customer's application and/or close the Customer's account for any reason. Customers will be required to provide additional information and/or documentation to EPFX LTD. This is done to allow EPFX LTD to continue servicing the Customer's account.
At any time, at its sole and absolute discretion, EPFX LTD may restrict trading, disbursements, and/or transfers administered by the Customer. The Agreement may be amended, changed, revised, supplemented, and/or modified at any time by EPFX LTD. The most recent version of the Agreement will be published on the
website. This Agreement cannot be modified by the Customer's verbal and/or written statements or amendments without the prior written consent of the General Counsel of EPFX LTD.
2.2 RESTRICTED TERRITORIES
EPFX LTD reserves the right to restrict access to all and/or a portion of the Website and/or Services in the future with respect to certain jurisdictions. The Customer acknowledges and agrees that EPFX LTD is not liable if the country in which the Customer resides or is located becomes restricted or blocked.
Restricted Territories include, but are not limited to, the following: Afghanistan, Australia, Cayman Islands, the Republic of Congo, Congo, the Democratic Republic of the Congo, Cyprus, Iran, Iraq, Israel, Korea, Democratic People's Republic of Korea, Republic of Lebanon, Luxembourg, Mauritius, Myanmar, New Zealand, Saint Lucia, Saudi Arabia, Singapore, Somalia, South Sudan, Sri Lanka, Sudan, Syrian Arab Republic, Tunisia, Turkey, United States, United States Minor Outlying Islands, Vanuatu, Virgin Islands, Yemen.
The Customer acknowledges and agrees that accounts are only separated in the books and records of EPFX LTD. The Customer also acknowledges that their funds are not insured and are deposited with a liquidity provider chosen at the sole discretion of EPFX LTD.
2.3 MARGINS AND DEPOSIT REQUIREMENTS
The Customer shall provide and maintain margin in such amounts and in such forms as EPFX LTD, in its sole discretion, may require.
EPFX LTD may require the Customer to deposit additional margin via immediate wire transfer when and as required by the Company and will immediately meet all margin calls in such mode of transmission as EPFX LTD shall, in its sole discretion, designate. EPFX LTD may, at its sole discretion, limit the amount and/or total number of open positions that the Customer may acquire or maintain at EPFX LTD.
EPFX LTD reserves the right to close Customer's accounts whenever deemed necessary. EPFX LTD is not liable for any loss and/or damage caused, directly nor indirectly, by any events, actions or omissions, including - but not limited to - loss or damage caused, directly or indirectly, by any delays or inaccuracies in the transmission of orders and/or information due to a breakdown in or failure of any transmission or communication facilities.
2.4 ROLLOVERS
At the sole discretion of EPFX LTD, the terms and/or methods for delivering, offsetting, or rolling over the Customer's open positions may vary from Customer to Customer.
The Customer acknowledges and agrees that any positions held in the Customer's account at 00:00 (server time) may be rolled over to the following settlement date, and the account may be debited or credited for the interest differential for the rollover period.
2.5 SETTLEMENT DATE OFFSET INSTRUCTIONS
If the Customer fails to meet their obligations (such as providing funds, instructions, and/or delivery documents) by the specified time, EPFX LTD reserves the right to take immediate action, without prior notice or request to the Customer. This includes, but is not limited to, offsetting the Customer's position(s), rolling over the Customer's position(s) into the next settlement period, or making or receiving delivery on behalf of the Customer, under terms and methods deemed reasonable by EPFX LTD in its sole discretion. In such cases, EPFX LTD may, at its discretion, block the Customer from taking further actions on their account(s), and proceed with the necessary actions without asking for permission or instructions from the Customer. This may be done to protect EPFX's interests, ensure proper settlement, or prevent any further risk, as deemed appropriate by EPFX LTD.
2.6 LIQUIDATION OF ACCOUNTS
2.6.1 The Customer acknowledges the following account liquidation reasons:
i. death or judicial declaration of incompetency of the Customer;
ii. filing of a petition in bankruptcy, or a petition for the appointment of a receiver, or the institution of any insolvency or similar proceeding by or against the Customer;
iii. filing of an attachment against any of the Customer's accounts carried by EPFX LTD;
iv. insufficient margin or determination by EPFX LTD;
v. in its sole discretion, EPFX LTD may take one or more of the following actions, or any portion thereof:
vi. sell or purchase any or all contracts, securities, or other property held or carried for the Customer; and
vii. cancel any or all outstanding orders or contracts, or other commitments made with the Customer.
2.6.2 Any of the aforementioned actions may be taken without the demand for margin or additional margin, without prior notice of sale and/or purchase or other notice to the Customer, the Customer's personal or appointed representatives, heirs, executors, administrators, trustees, legatees, or assigns, and regardless of whether the ownership interest is solely or jointly held.
3. Consumer Representations
3.1 The Customer represents and warrants that:
i. The Customer is of sound mind, legal age, and legal competence;
ii. The execution and delivery of this Agreement and all transactions contemplated hereby have been duly authorized by the Customer and will not violate any statute, rule, regulation, ordinance, charter, by-law, or pleading;
iii. The Customer will pay all amounts due;
iv. The Customer agrees to promptly notify EPFX LTD of any changes to their personal and/or contact information;
v. Customers are prohibited from engaging in transactions for the purpose of arbitrage or exploitation of temporary inaccuracies or technical discrepancies; and
vi. The Customer warrants that the financial information disclosed to EPFX LTD in the application is an accurate reflection of the Customer's current financial condition, and that EPFX will be promptly notified of any changes to such information.
3.2 The Customer represents and warrants that Gross Income, Total Assets, and Liabilities were correctly calculated when determining the Customer's Net Worth.
3.3 The Customer represents and warrants that when determining the value of Total Assets, it included cash and/or cash equivalents, U.S. Government and Marketable securities, real estate owned (excluding primary residence), the cash value of life insurance, and other valuable assets.
3.4 The Customer represents and warrants that notes payable to banks (secured and unsecured), notes payable to relatives, real estate mortgages payable (excluding primary residence), and other debts were included in determining the value of liabilities.
3.5 The Customer represents and warrants that they have given careful consideration to the portion of their total assets that they consider to be risk capital. Additionally,
the Customer is aware that risk capital is the amount of money the Customer is willing to risk. If lost, the Customer acknowledges that their lifestyle would not be affected in any way.
3.6 The Customer agrees to notify EPFX LTD immediately if the Customer's financial condition changes such that the Customer's net worth and/or risk capital decreases.
3.7 The Customer authorizes EPFX LTD and/or any agents acting on behalf of the Company to investigate the Customer's credit standing and, in connection therewith, to contact such banks, financial institutions, and credit agencies as EPFX LTD deems appropriate to verify information regarding the Customer.
3.8 The Customer authorizes EPFX LTD to investigate the Customer's current and past investment activity, as well as to contact futures commission merchants, exchanges, broker/dealers, banks, compliance data centers, and any other financial and investment institution that EPFX LTD deems appropriate.
3.9 Upon reasonable request made in writing to EPFX LTD by the Customer, the Customer shall be permitted to review any records maintained by EPFX LTD pertaining to the Customer's credit standing. At the sole cost and expense of the Customer, such records may also be copied.
3.10 The Customer acknowledges that EPFX LTD may provide information (e.g., negative Account information of unsecured debts) regarding the Customer's performance under this Agreement to the agencies, which may have a negative impact on the Customer's financial standing.
4. Order Management
4.1 REQUESTS FOR CANCELLATION AND MODIFICATION
4.1.1 The Customer recognizes that it may be impossible to cancel or modify an order.
4.1.2 The Customer acknowledges and agrees that, if an order cannot be canceled or modified, they are bound by any execution of the original order.
4.1.3 In the event that EPFX LTD is unable to cancel or modify an order, EPFX LTD is not liable.
4.1.4 The Customer acknowledges that attempts to modify, cancel, or replace an order may result in the order's execution or the execution of duplicate orders. In addition, the Customer acknowledges that EPFX LTD.'s systems do not prevent the execution of orders or the placement of duplicate orders, and that the Customer is responsible for all such executions.
4.1.5 The Customer agrees not to assume that any order has been executed or canceled until receiving confirmation from EPFX LTD regarding order execution. Prior to placing additional orders, the Customer is responsible for determining the status of any pending orders.
4.1.6 The Customer agrees to contact EPFX LTD if they are unsure of the status of an order.
4.1.7 The Customer agrees to review their online account statement that can be generated by them, regularly to confirm the status of their orders.
4.2 DECLARATIONS AND CONFIRMATION
4.2.1 EPFX LTD will provide the Customer with an online login to view the Customer's account at any time. EPFX LTD will not send trade confirmations through the mail.
4.2.2 Absence of objection shall automatically be construed as acceptance of all actions taken by EPFX LTD or its agents prior to the Customer's receipt of said reports.
4.2.3 The lack of receipt of a trade confirmation by the Customer does not exempt the Customer from the obligation to object as outlined herein.
4.2.4 The Customer shall pay all charges (including - but not limited to - mark-ups and mark-downs, statement charges, idle Account charges, order cancellation charges, account transfer charges, introducing broker and money manager fees if applicable, and other charges) arising from EPFX LTD.'s provision of services pursuant to this Agreement. EPFX LTD reserves the right to modify its fees without prior notice.
4.2.5 All fees shall be paid by the Customer as they are incurred, or as determined by EPFX LTD in its sole and absolute discretion. The Customer hereby authorizes EPFX LTD to debit his/her account for the amount of any such charge (s).
4.3 DEPOSITS AND WITHDRAWALS
4.3.1 EPFX LTD acknowledges and agrees to perform deposit and/or withdrawal transactions between the Customer's EPFX LTD account, and another account held in the Customer's name including trading account(s) and/or of which the Customer demonstrates clear ownership to EPFX LTD.
4.3.2 EPFX LTD may restrict the Customer's withdrawal options to prevent money laundering, fraud, and other illegal activities.
4.3.3 Customers of EPFX LTD can withdraw their funds and benefits whenever necessary. To request a partial or full withdrawal from their account, the Customer must click "Withdrawal" on the EPFX LTD platform and follow the directions provided.
4.3.4 The Customer must be aware that EPFX LTD requires two (2) to five (5) business days to process withdrawal requests. It may take up to two (2) or three (3) business days for corresponding withdrawals to reach your credit card, bank account or wallet address.
4.3.5 If the Customer has any questions, they can contact the Customer Support team at EPFX LTD. Only the same bank account, credit/debit card, or wallet that was used to deposit funds may be used for withdrawals.
4.3.6 EPFX LTD imposes a minimum withdrawal amount for any withdrawal request made by the Customer. If the requested withdrawal amount is below the minimum threshold reflected on the website, the Company reserves the right to reject or cancel the withdrawal request. The Customer agrees to ensure that the withdrawal amount meets or exceeds the minimum requirement and acknowledges that the Company may reject the withdrawal request. The Company reserves the right to amend the minimum withdrawal amount from time to time, with no notice provided to the Customer.
4.3.7 Additionally, the Customer may be required to provide additional information and documentation on their Source of Wealth and/or Source of Funds when withdrawing funds for additional verification(s), or as and when EPFX LTD deems appropriate.
4.4 RESPONSIBILITIES OF EPFX LTD
EPFX LTD shall not be liable for any losses resulting from the default of any agent or other party used by EPFX LTD in accordance with this agreement.
4.5 RISK OF CURRENCY FLUCTUATION
If the Customer directs EPFX LTD to enter into a transaction:
i. any profit or loss arising as a result of a fluctuation in the rates affecting such a transaction will be entirely for the Customer's account and will be the sole responsibility of the Customer; and
ii. all initial and subsequent margin deposits must be made in USD, or in another currency that EPFX LTD may, at its sole discretion, accept, in amounts determined by EPFX LTD at its sole and absolute discretion.
4.6 CROSS TRADE CONSENT
4.6.1 The Customer hereby acknowledges and agrees that EPFX LTD may act as the counterparty to the Customer for any trade entered for the undersigned's account.
4.6.2 The undersigned hereby consents to any such transaction, subject to the limitations and conditions, if any, contained in the rules and regulations of any bank, institution, exchange or board of trade upon which such buy or sell orders are executed, and subject to the limitations and conditions contained in this Agreement.
5. Communications
5.1 GENERAL COMMUNICATIONS.
Reports, statements, notices, and any other communications shall betransmitted to the Customer electronically by posting to the Customer’s onlineaccount or via email to the email address provided by the Customer during theaccount opening or to any other email address the Customer may designate fromtime to time to EPFX LTD.
5.2 EMAIL AND ELECTRONIC COMMUNICATIONS.
5.2.1 All emails sent to or from EPFX LTD may be monitored, reviewed, and/or disclosedto the Customer or the Customer’s intended recipient.
5.2.2 The Customer agrees to hold harmless EPFX LTD and any third party for any delayin email delivery, regardless of who caused the delay. The corporate email systemof EPFX LTD may retain email sent to and from the Company’s email address.
5.2.3 The Customer agrees not to transmit orders for the purchase or sale of over-thecounter products via email. In addition, the Customer agrees that EPFX LTD is notliable for any actions taken or omissions to act as a result of any email messagesent to EPFX LTD by the Customer.
5.2.4 Electronic communications with EPFX LTD via our website, or a wireless devicecan be reviewed, and disclosed to a third party. These messages may be stored byEPFX LTD.
6. Third parties
6.1 NO SEPARATE AGREEMENTS
6.1.1 The Customer acknowledges that no separate agreement with the Customer’sbroker or any EPFX LTD employee and/or agent regarding the trading in theCustomer’s account, including any agreement to guarantee profits or limit lossesin the Customer’s account, is permitted. The Customer must immediately notify the Compliance Department of EPFX LTD in writing of any agreement of this nature.
6.1.2 The Customer acknowledges that any representations made by a third party regarding the Customer’s account that differs from the statements the Customer receives from EPFX LTD must be brought to the attention of EPFX LTD.’sCompliance Department in writing immediately.
6.1.3 The Customer acknowledges that, unless the Customer has delegated discretion to another party by signing EPFX LTD.’s limited power of attorney (“LPOA”), theCustomer must authorize every transaction prior to its execution.
6.1.4 The Customer agrees to bring any disputed transactions to the attention of theEPFX LTD in accordance with the notice provisions of this Agreement.
6.1.5 The Customer agrees to indemnify and hold EPFX LTD harmless from any damage or liability resulting from the Customer’s failure to notify EPFX LTD within one (1)business day of any of the occurrences mentioned in this agreement. All notices required by this section shall be sent to the address listed for EPFX LTD on theCompany’s website.
6.2 REVENUE SHARING DISCLOSURE
6.2.1 The Customer acknowledges that EPFX LTD may enter into revenue-sharing arrangements with or retain the services of any other third-party vendors in connection with technical support, back-office and operational support functions relating to Customer’s Accounts.
7. Compliance
7.1 ANTI-MONEY LAUNDERING PROCEDURESThe Customer agrees and acknowledges that EPFX LTD may conduct the followingprocedures upon account opening and throughout the account's existence:EPFX LTD – TERMS AND CONDITIONS 137.2 VERIFICATION PROCESSES
7.2.1 In accordance with anti-money laundering and countering the financing ofterrorism requirements, EPFX LTD will identify and verify any individual who registers for its service(s). EPFX LTD is required to collect information such as –but not limited to – full legal name, date of birth, and residential address when aCustomer opens an account. The Customer acknowledges and agrees that EPFX LTD reserves the right to close the account at its sole discretion due to verification results.
7.2.2 Email address verification:After completing the sign-up form, the Customer will be prompted to verify theiremail address by clicking on an activation link which is sent to their email address.In the absence of this step, account access will be denied.
7.2.3 Two-factor authentication:After completing the sign-up form, the Customer must enable two-factorauthentication (“2FA”) on their account in order to access the account. EPFX LTD accounts are equipped with two-factor authentication to prevent unauthorizedaccess attempts.
7.2.4 Verification of identity checks:EPFX LTD may use third party providers to confirm any information the individualregisters in order to complete the identity verification. EPFX LTD may verify theCustomer’s information, requiring the Customer to provide official identificationdocuments, proof of address, and/or additional documents that EPFX LTD will advise the Customer to submit when and as required.
7.2.5 Customer acknowledges that EPFX LTD may require additional verification checks(which may include requests for additional documents or information) at any timeto satisfy routine security checks. EPFX LTD reserves the right to suspend theaccount and return any applicable balance if we are unable to verify theCustomer’s registered details and if the Customer is unable and/or refuses toprovide the requested documentation and/or information.
7.3 MONITORING EPFX LTD may monitor account trading activity to investigate and/or identifypossible money laundering.
7.3.1 The Customer agrees and acknowledges that the Customer is the exclusive ownerand solely responsible, for the confidentiality and protection of the Customer’saccount number(s) and password(s) that permit the Customer to place onlineorders and access EPFX LTD electronic trading system(s).EPFX LTD – TERMS AND CONDITIONS 14
7.3.2 The Customer agrees to indemnify and hold harmless EPFX LTD if a third party utilizes the Customer’s confidential information and gives EPFX LTD instructions that are contrary to the Customer’s instructions.7.3.3 The Customer shall notify EPFX LTD immediately in writing or via email of any loss,theft, and/or unauthorized use of the Customer’s account number and/or passwords.
7.4 INTELLECTUAL PROPERTY AND CONFIDENTIALITY
7.4.1 All copyright, trademark, trade secret, and/or other intellectual property rights inthe EPFX LTD Trading Platform (hereinafter referred to as the “Trading Platform”)shall remain at all times the sole and exclusive property of EPFX LTD and/or itsthird party service providers, and Customers shall have no right and/or interest inthe Trading Platform other than the right to access and use the Trading Platform asspecified in this agreement.
7.4.2 The Customer acknowledges that the Trading Platform has been developed withconsiderable skill, time, and money, and is therefore confidential.
7.4.3 The Customer will protect the confidentiality of EPFX LTD and/or its third-partyservice providers by restricting Trading Platform access to its employees andagents on a need-to-access basis.
7.4.4 The Customer agrees not to publish, distribute, and/or otherwise make availableto third parties any information derived from or related to the Trading Platform.
7.4.5 The Customer agrees not to copy, modify, decompile, reverse engineer, or createderivative works based on the Trading Platform or its operation.
7.6 NO ADVICE AND NO RECOMMENDATIONS.
7.6.1 The Customer is aware and acknowledges that EPFX LTD does not and will notprovide investment, legal, and/or tax advice, or trading recommendations. TheCustomer acknowledges that EPFX LTD makes no representations regarding thetax consequences or treatment of contracts.
7.6.2 The Customer agrees that the Customer is a self-directed investor and that allorders placed are unsolicited and based on the Customer’s own investmentdecision or the investment decision of the Customer’s duly authorizedrepresentative if applicable.
7.6.3 The Customer agrees that neither EPFX LTD nor any of its employees may be theCustomer’s duly authorized representative and that the Customer will neithersolicit nor rely upon EPFX LTD or any of its employees for investment advice.EPFX LTD – TERMS AND CONDITIONS 15
7.6.4 The Customer understands that the Customer is solely responsible for all ordersentered, including but not limited to trade qualifiers, the number of tradesentered, the suitability of any trade(s), investment strategies, and risks associatedwith each trade, and will not hold EPFX LTD or any of its employees liable for thoseinvestment decisions.
7.6.5 The Customer agrees to indemnify and hold harmless EPFX LTD and its officers,directors, employees, agents, and affiliates from all and any liability, financial orother wise, or expense (including attorneys' fees and disbursements), incurred asa result of any losses or damages. As a result of any decisions, instructions, transactions, or strategies employed in the Customer's account by the Customeror the Customer's duly authorized representative, or as a result of any breach bythe Customer of any of the covenants, representations, acknowledgments, orwarranties contained herein, the Customer may incur losses.
7.7 TRADING RECOMMENDATIONS
7.7.1 The Customer acknowledges that:i. Any market recommendations and information communicated to theCustomer by EPFX LTD or by any person within the company, does not constitute an offer to sell or the solicitation of an offer to buy any contract; such recommendation and information, although based on information obtained from sources believed by EPFX LTD to be reliable, may be based solely on a broker's opinion and that such information may be inaccurate; andii. Any market recommendations and information communicated to theCustomer
7.7.2 The Customer recognizes that EPFX LTD and/or its officers, directors, affiliates,associates, stockholders, or representatives may have a position in or intend tobuy or sell securities that are the subject of market recommendations provided to the Customer. In addition, the market position of EPFX LTD or any such officer, director, affiliate, associate, stockholder, or representative may not be consistent with the recommendations provided by EPFX LTD to the Customer.7.8 RISK RECOGNITION
7.8.1 The Customer acknowledges that investments in leveraged transactions arespeculative, involve a high degree of risk, and are only suitable for those able toassume the risk of losing their margin deposit.
7.8.2 The Customer acknowledges that due to the low margin normally required fortrading over-the-counter contracts, price fluctuations in contracts may result inthe loss of the Customer’s margin deposit.
7.8.3 The Customer warrants that Customer is willing and able, financially andotherwise, to assume the risk of trading, and in consideration of EPFX LTD carrying their Account(s), the Customer agrees not to hold EPFX LTD liable for lossesincurred as a result of following its trading recommendations or suggestions or those of its employees, agents, or representatives.
7.8.4 The Customer acknowledges that profit and/or loss assurances are impossible in trading.
7.8.5 The Customer acknowledges that the Customer has not received any such guarantees from EPFX LTD, any of its representatives, or any introducing agent(s)or other entity with whom the Customer is conducting their EPFX LTD Account, and that the Customer has not entered into this agreement in consideration of orreliance on any such guarantees or similar representations.
7.9 RECORDINGS
7.9.1 The Customer agrees and acknowledges that all conversations between theCustomer and EPFX LTD personnel regarding Customer’s Account(s) may be electronically recorded with or without the use of an automatic tone warning device.7.9.2 The Customer further agrees to the use of such recordings and transcripts there of as evidence by either party in any dispute or proceeding involving Customer or EPFX LTD.
7.9.3 The Customer acknowledges that EPFX LTD destroys such recordings at regularintervals in accordance with EPFX LTD.’s established business procedures, andthe Customer consents to such destruction.
7.10 USE OF MONIESThe Customer hereby grants EPFX LTD the right to pledge, repledge, invest or loan any funds, securities, currencies, and foreign currency or off-exchange transactions of the Customer held by EPFX LTD as margin or security. EPFX LTD is never obligated to deliver to the Customer the identical property delivered to or purchased for any Account of the Customer.
7.11 TECHNOLOGY AND COMMUNICATIONS
7.11.1 EPFX LTD and/or its third-party service providers provide trading technology for use by the Customer in connection with Customer’s transactions with EPFX LTD.This trading technology includes the Trading Platform, web applications, application program interfaces, software, software code, programs, protocols,and displays (collectively “Technology”) for trading, analyzing trades and markets, and building automated trading systems.
7.11.2 EPFX LTD provides the Technology “as is” and without any express or implied warranties of merchantability, fitness for a particular purpose, or other warranties.
7.11.3 EPFX LTD is not liable for the operation and/or performance of any automated trading system developed with Technology, or for any malfunctions of Technology, or for any delays or interruptions in the transmission of orders resulting from breakdown, excessive call volume, or failure of transmission or communication equipment on the Internet or otherwise, including, but not limited to, communications problems, computer software or hardware breakdowns, malfunctions, and telecommunications problems.
8. Miscellaneous
BINDING EFFECT
8.1.1 Regardless of any personnel changes at EPFX LTD or its successors, assigns, or affiliates, this Agreement shall be continuous and shall cover, individually and collectively, all accounts opened and/or reopened by the Customer with EPFX LTD.
8.1.2 This Agreement, including all authorizations, shall benefit EPFX LTD and its successors and assigns, whether by merger, consolidation, or otherwise, and shall bind the Customer.
8.1.3 The Customer ratifies all transactions with EPFX LTD that occurred prior to the date of this Agreement and agrees that the terms of this Agreement shall govern the Customer’s rights and obligations with respect to those transactions.
8.2 TERMINATION
This Agreement may be terminated at any time by the Customer and shall remain in effect until termination when the Customer has no open position(s) and no liabilities held by or owed to EPFX LTD upon the actual receipt by EPFX LTD of written notice of termination via email, or at any time whatsoever by EPFX LTD upon the transmission of written notice of termination to the Customer; provided, EPFX LTD – TERMS AND CONDITIONS 18 however, that such termination shall not relieve the Customer of any obligations incurred prior to termination.
8.3 ACCEPTANCE
EPFX LTD shall not be deemed to have accepted this Agreement nor does it become a legally binding contract between the Customer and EPFX LTDuntil EPFX LTD verifies and approves the Customer’s information.
8.4 INDEMNIFICATION
The Customer agrees to indemnify and hold EPFX LTD, its affiliates, employees, agents, successors and assigns harmless from and against any and all liabilities, losses, damages, costs, and expenses, including attorney’s fees, incurred by EPFX LTDas a result of the Customer's failure to fully and timely perform the Customer’s responsibilities hereunder or if any of the representations and warranties are not accurate.
8.4 FORCE MAJEURE
EPFX LTD shall not be liable to the Customer for any claims, losses, damages, costs or expenses, including attorney’s fees, caused, directly or indirectly, by any events, actions or omissions, including, without limitation, claims, losses, damages, costs or expenses, including attorney’s fees, resulting from civil unrest, war, insurrection, international intervention, governmental action (including, without limitation, exchange controls, forfeitures, nationalizations), and natural disasters.
8.6 TERMS AND TITLES
8.6.1 The terms “EPFX LTD”, “EPFX”, and/or “the Company” encompasses EPFX LTD as well as its affiliates, divisions, successors, and assigns.
8.6.2 The term “Customer” refers to the party (or parties) executing the Agreement, and the term “Agreement” refers to all other agreements and authorizations executed by the Customer in connection with the maintenance of Customer’s Account with EPFX LTD, regardless of when executed.
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8.7 UTILIZATION OF EPFX LTD’S WEBSITES
8.7.1 The term “Website” refers to https://www.epfx.com/. The Website provides content and information to the Customer. The website’s content is provided as a courtesy, but it may be inaccurate or outdated.
8.7.2 The Customer agrees to always rely on the Customer’s transaction confirmations and account statements as the account’s official records. This information is not associated with a particular account.
8.7.3 The term “Information” consists of market data, news, research, financial analysis, commentary, and tools provided by third parties to EPFX and provided to the Customer by the Company.
8.7.4 The information on the website is derived from credible sources, but its accuracy cannot be guaranteed. The information provided on our websites is not tailored to the Customer, and the Customer acknowledges that the information provided to the Customer does not constitute a recommendation regarding the purchase and/or sale of any trading product.
8.7.5 EPFX LTD may change, revise, modify, add, upgrade, remove, or discontinue any portion of its Website without notifying the Customer. The website may contain links to websites operated by third parties.
8.7.6 EPFX LTD is not responsible for the website’s information and/or content.
8.8 MARKET DATA, NEWS, AND OTHER INFORMATION
The Customer agrees that the market data, news, and other information accessible through our Website are for personal use only and that the Customer will not retransmit or republish this information in any form without the prior written consent of EPFX LTD.
8.8.1 No provision of this Agreement may be waived or amended unless the waiver or amendment is in writing and signed by the Customer and an authorized officer of EPFX LTD.
8.8.2 No waiver or amendment of this Agreement may be implied from any course of trading between the parties or from any failure by EPFX LTD or its agents to assert its rights under this Agreement on any occasion or series of occasions.
8.8.3 This Agreement, any attachments thereto, and the terms and conditions contained in statements and confirmations constitute the entire agreement between the parties with respect to the subject matter of this Agreement.
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8.8.4 The validity of the remaining provisions and conditions shall not be affected thereby, and this Agreement shall be carried out as if such invalid or unenforceable provision or condition had never been included.
8.9 TRANSFER AND ASSIGNMENT OF ACCOUNTS
The Customer grants EPFX LTD permission to transfer and assign the Customer’s account to a futures commission merchant or another legal entity. The Customer may not transfer or assign this Agreement without the prior written consent of EPFX LTD. Any purported assignment by the Customer in violation of this clause is void, null, and unenforceable.
9. Governing law and jurisdiction
This Agreement is governed by the law of Saint Lucia and will be subject to the exclusive jurisdiction of the Saint Lucia Courts
10. Entire agreement
10.1 NO OFFICIAL SOCIAL MEDIA PRESENCE
EPFX does not operate and/or maintain any official social media accounts on any platform(s). Any account or profile appearing under the name “EPFX,” “EPFX AI,” “EP FX,” or any variation or derivative thereof on platforms including, but not limited to, X (formerly Twitter), Facebook, Instagram, Snapchat, TikTok, WeChat, Threads, or any other current or future social media or messaging platform, is not affiliated with or authorized by EPFX in any manner.
10.2 AUTHORIZED COMMUNICATION CHANNELS
All official communications, announcements, and information from EPFX are exclusively disseminated through its official website domain https://www.epfx.com/ and official email communications. Clients and the general public are strongly advised to disregard any other source claiming to represent EPFX. Clients are urged to notify our support team of any social media accounts, pages, or online profiles that claim to represent, or impersonate our company. This includes any use of our name, branding, or associated materials.