Hi, guys:
I found forex.com have different terms in customer agreements in their UK/US version.
According to their UK agreement, they can do anything to your account in their discretion.
I have to say, they very very likely do this deliberately to its retail clients . They can easily delete your profit by their UK agreements. but they can't change customers realized profits/losses in US agreement.
the following terms are not included in US version:
https://secure.efxnow.com/NEWOLS_GCU...8_20140707.pdf
28.4 Access to the Trading Systems is provided “as is”. Gain Capital UK makes no warranties
(express or implied), representations, or guarantees as to merchantability, fitness for any
particular purpose or otherwise with respect to the Trading Systems, their content, any
documentation or any hardware or software provided by Gain Capital UK. Technical
difficulties could be encountered in connection with the Trading Systems. These difficulties
could involve, among others, failures, delays, malfunction, software erosion or hardware
damage, which difficulties could be the result of hardware, software or communication link
inadequacies or other causes. Such difficulties could lead to possible economic and/or data
loss. In no event will Gain Capital UK or its affiliates or any of their employees be liable for
any possible loss (including loss of profit or revenue whether direct or indirect), cost or
damage including, without limitation, consequential, unforeseeable or special damages or
expense which might occur as a result of or arising out of using, accessing, installing,
maintaining, modifying, deactivating or attempting to access the Trading Systems or
otherwise. Gain Capital UK further reserves the right, in its reasonable discretion to unwind
an executed Transaction or adjust the price of executed Transactions (including Transactions
that have been confirmed or settled) to a fair market price if the Transaction was mispriced
because of technical difficulties with the Trading Systems.
28.5 Internet, connectivity delays, and price feed errors sometimes create a situation where the
price displayed on the Trading Systems do not accurately reflect the market rates. The
concept of arbitrage and “scalping”, or taking advantage of these internet delays, cannot exist
in an over-the-counter market where the client is buying or selling directly from the market
maker. Gain Capital UK does not permit the practice of arbitrage on the Trading Systems.
Transactions that rely on price latency arbitrage opportunities may be revoked. Gain Capital
UK reserves the right to make the necessary corrections or adjustments on the Account
involved. Accounts that rely on arbitrage strategies may at Gain Capital UK’s sole discretion
be subject to Gain Capital UK’s intervention and Gain Capital UK’s approval of any Orders.
28.6 Gain Capital UK shall have no obligation to contact you to advise upon appropriate action
when there are changes in market conditions.
US version:
https://secure.efxnow.com/NEWOLS_FRX...2_20141006.pdf
or download at: http://www.forex.com/forex-account-forms.html
3. Prices, Margin And Valuations Are Set By FOREX.com And May Be Different From Prices Reported Elsewhere. FOREX.com will provide
prices to be used in trading, valuation of Customer positions and determination of Margin requirements. Although FOREX.com expects that
these prices will be reasonably related to prices available in the interbank market, prices reported by FOREX.com may vary from prices available
to banks and other participants in what is known as the interbank market. FOREX.com will exercise considerable discretion in setting and
collecting Margin. FOREX.com is authorized to convert funds in Customer’s Account for Margin into and from such Foreign Currency and Metal
at a rate of exchange determined by FOREX.com in its sole discretion on the basis of then-prevailing money market rates
13. Internet Trading. Since FOREX.com does not control signal power, its reception or routing via Internet, configuration of Customer’s equipment
or reliability of its connection, FOREX.com shall not be liable for any claims, losses, damages, costs or expenses, including attorneys’ fees,
caused, directly or indirectly, by any breakdown or failure of any transmission or communication system or computer facility or trading software,
whether belonging to FOREX.com, Customer, any market, or any settlement or clearing system when Customer trades online (via Internet).
15. Quoting Errors. Should a quoting error occur due to a mistype of a quote or a misquote given by telephone and/or electronic means (including
responses to Customer requests), FOREX.com is not liable for any resulting errors in Account Balances and reserves the right to make
necessary corrections or adjustments on the Account involved. Any dispute arising from such quoting errors will be resolved on the basis of the
fair market value, as determined by FOREX.com, in its sole discretion, of the relevant Currency at the time such an error occurred. In cases
where the prevailing market represents prices different from the prices FOREX.com has posted on our screen, FOREX.com will attempt, on a
best efforts basis, to execute trades on or close to the prevailing market prices. These prevailing market prices will be the prices, which are
ultimately reflected on the Customer Statements. This may or may not adversely affect customer realized and unrealized gains and losses.
I found forex.com have different terms in customer agreements in their UK/US version.
According to their UK agreement, they can do anything to your account in their discretion.
I have to say, they very very likely do this deliberately to its retail clients . They can easily delete your profit by their UK agreements. but they can't change customers realized profits/losses in US agreement.
the following terms are not included in US version:
https://secure.efxnow.com/NEWOLS_GCU...8_20140707.pdf
28.4 Access to the Trading Systems is provided “as is”. Gain Capital UK makes no warranties
(express or implied), representations, or guarantees as to merchantability, fitness for any
particular purpose or otherwise with respect to the Trading Systems, their content, any
documentation or any hardware or software provided by Gain Capital UK. Technical
difficulties could be encountered in connection with the Trading Systems. These difficulties
could involve, among others, failures, delays, malfunction, software erosion or hardware
damage, which difficulties could be the result of hardware, software or communication link
inadequacies or other causes. Such difficulties could lead to possible economic and/or data
loss. In no event will Gain Capital UK or its affiliates or any of their employees be liable for
any possible loss (including loss of profit or revenue whether direct or indirect), cost or
damage including, without limitation, consequential, unforeseeable or special damages or
expense which might occur as a result of or arising out of using, accessing, installing,
maintaining, modifying, deactivating or attempting to access the Trading Systems or
otherwise. Gain Capital UK further reserves the right, in its reasonable discretion to unwind
an executed Transaction or adjust the price of executed Transactions (including Transactions
that have been confirmed or settled) to a fair market price if the Transaction was mispriced
because of technical difficulties with the Trading Systems.
28.5 Internet, connectivity delays, and price feed errors sometimes create a situation where the
price displayed on the Trading Systems do not accurately reflect the market rates. The
concept of arbitrage and “scalping”, or taking advantage of these internet delays, cannot exist
in an over-the-counter market where the client is buying or selling directly from the market
maker. Gain Capital UK does not permit the practice of arbitrage on the Trading Systems.
Transactions that rely on price latency arbitrage opportunities may be revoked. Gain Capital
UK reserves the right to make the necessary corrections or adjustments on the Account
involved. Accounts that rely on arbitrage strategies may at Gain Capital UK’s sole discretion
be subject to Gain Capital UK’s intervention and Gain Capital UK’s approval of any Orders.
28.6 Gain Capital UK shall have no obligation to contact you to advise upon appropriate action
when there are changes in market conditions.
US version:
https://secure.efxnow.com/NEWOLS_FRX...2_20141006.pdf
or download at: http://www.forex.com/forex-account-forms.html
3. Prices, Margin And Valuations Are Set By FOREX.com And May Be Different From Prices Reported Elsewhere. FOREX.com will provide
prices to be used in trading, valuation of Customer positions and determination of Margin requirements. Although FOREX.com expects that
these prices will be reasonably related to prices available in the interbank market, prices reported by FOREX.com may vary from prices available
to banks and other participants in what is known as the interbank market. FOREX.com will exercise considerable discretion in setting and
collecting Margin. FOREX.com is authorized to convert funds in Customer’s Account for Margin into and from such Foreign Currency and Metal
at a rate of exchange determined by FOREX.com in its sole discretion on the basis of then-prevailing money market rates
13. Internet Trading. Since FOREX.com does not control signal power, its reception or routing via Internet, configuration of Customer’s equipment
or reliability of its connection, FOREX.com shall not be liable for any claims, losses, damages, costs or expenses, including attorneys’ fees,
caused, directly or indirectly, by any breakdown or failure of any transmission or communication system or computer facility or trading software,
whether belonging to FOREX.com, Customer, any market, or any settlement or clearing system when Customer trades online (via Internet).
15. Quoting Errors. Should a quoting error occur due to a mistype of a quote or a misquote given by telephone and/or electronic means (including
responses to Customer requests), FOREX.com is not liable for any resulting errors in Account Balances and reserves the right to make
necessary corrections or adjustments on the Account involved. Any dispute arising from such quoting errors will be resolved on the basis of the
fair market value, as determined by FOREX.com, in its sole discretion, of the relevant Currency at the time such an error occurred. In cases
where the prevailing market represents prices different from the prices FOREX.com has posted on our screen, FOREX.com will attempt, on a
best efforts basis, to execute trades on or close to the prevailing market prices. These prevailing market prices will be the prices, which are
ultimately reflected on the Customer Statements. This may or may not adversely affect customer realized and unrealized gains and losses.