Bernardex Terms and Conditions

Bernardex TERMS AND CONDITIONS

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Bernardex Terms and Conditions

This contract elucidates the use of several conditions applied to the services available on Our Site (henceforth “our site”). Please contact us on our customer support email for any questions. Our website is available worldwide ,contingent on internet access. Access to and use of our site are dependent on these terms and conditions. BY USING AND ACCESSING OUR WEBSITE, YOU ACCEPT, WITHOUT LIMITATION, ALL OF THESE TERMS AND CONDITIONS.

We keep the right to modify these Terms and Conditions at any time. Modifications of these Terms & Conditions will take place by the mere publishing of a new and modified version of these Terms and Conditions on our website. By using our website, you consent in advance that each use will be subject to the then-applicable Terms & Conditions. By using our website, you consent to its Terms & Conditions and Privacy Statement set forth below. If you do not consent to these policies, abandon this site immediately.

Online Services Agreement

This Agreement is made by Bernardex.

This Agreement pertains to both the Site and Trading Platform and to the electronic content and/or software currently available on the Site that gives customers real-time information on exchange rates of currencies, and the program transaction services on the Forex market via internet, telephone or fax, and any other features, material or services that Bernardex may include later (the “Services”).

Membership Eligibility

Services are accessible and available for individual clients or businesses that can have a legally binding contract under the laws applicable in their domicile. Without restricting the aforesaid terms, our Services are not available to people aged under 18 or who haven’t attained the legal age (“Minors”). If you are a minor, you cannot use this service. PLEASE DO NOT USE THIS SITE IF YOU ARE NOT QUALIFIED. To avoid any doubt, we deny any liability for unwarranted use by minors of our Services in any manner or another. In addition, our Services are available only for people who are knowledgeable and experienced in financial matters, capable of assessing the risks and benefits of obtaining financial contracts using this site. You are exclusively responsible for any decision you make based on the content of the Site. Without derogating from the above-mentioned provision, we do not claim any responsibility for auditing and/or assessing your level of knowledge and/or experience, and any responsibility for harm and/or losses suffered as an immediate result and/or indirectly from your use of the Site. It is identical for any transaction and/or use of the Services. Without limiting the above-mentioned provisions, our Services are not available in areas where their use is illicit and Bernardex keeps the right to deny access to its Services to anyone at its sole convenience.

Registration Information and Requirements

When registering, you’ll have to provide certain identifying information. You’re responsible for the security of your account’s login and password with Bernardex. You are solely responsible for any damage caused by reason of any act or omission resulting in improper or illegal use of your account. You agree to provide accurate and complete information about yourself during the registration process, and you also agree not to impersonate another person or entity and not to hide your identity from Bernardex for any reason whatsoever. If you register as a commercial entity, you declare that you have the required authority to bind that entity to this Agreement. Bernardex treats the information you provide to us carefully and according to the disclosure of information provided during the registration process and privacy policy.

Legal Restrictions

Without limiting the undermentioned provisions, you understand that laws concerning financial contracts differ throughout the world, and it is your responsibility to confirm you properly comply with any law, rule or requirement in your domicile regarding the use of the Site. To eliminate any doubt, the availability to access our Site does not mean that our Services and/or your activities on the Site are lawful under the laws, regulations or directives pertaining to your domicile. You hereby proclaim that the funds in your account with Bernardex do not come from drug trafficking, kidnapping or other illegal or criminal activity.

Limited licence

Bernardex provides you a limited non-exclusive, non-transferable licence to access and utilize the Site (the “Licence”). The licence is contingent on your compliance with the Terms of this Agreement. You consent not to resell or showcase the Site to any other person and won’t duplicate any documents contained on the Site for resale or for any other objective without the preceding written consent of Bernardex. To eradicate any doubt, you will be accountable and bound by any unauthorized use of the Site, in breach of this section. You consent to use all the material received from the information systems Bernardex for the single purpose of performing transactions only within the limits of the Site. You also consent not to use the electronic communication feature of a Service on the Site for any illicit, offensive, intrusive, obscene, menacing or hateful purpose, as well as persecution and vilification in the privacy of others. The licence granted hereunder shall cease if Bernardex considers that any information provided by you, including your email, is no longer current or accurate, or if you fail to comply with any terms or conditions of This Agreement and all rules and guidelines for each service. It will be identical if Bernardex determines that you committed a crime on the Bernardex trading platform (including without restraint the conclusion of a transaction outside the market rates). If such a breach occurs, you consent to stop using the Services. You agree that Bernardex, in its sole discretion and with or without announcement, may discontinue your access to all or part of the Services, terminate any open transaction and remove and discard any information or content within a Service.

Risk Disclosure

You consent to use the Site at your own risk. Without limiting the mentioned provisions, the services available on this site are offered only to customers who are able to endure the loss of any funds they invest and who acknowledge the risks and are experienced in financial markets’ risk taking. It is possible that you could lose some or all of your initial investment, and thus you shouldn’t invest money that you cannot afford to lose. You should be aware of all the risks related to CFD trading and seek advice from an independent financial consultant in case of doubts.

Complaints & Dispute Policy

The parties will strive in good faith to negotiate a resolution to any allegation or dispute between them emerging from or in connection with this Agreement. If the parties do not agree to the terms of the settlement, either side may refer the dispute to confidential arbitration proceedings by a sole arbitrator under the ICC ADR Rules, whose verdict shall be final and binding. The arbitration proceedings shall be conducted in Saint Vincent and the Grenadines or another place agreed by parties. Without exempting or relaxing the provisions above, this clause clearly sets exclusive jurisdiction to said arbitration process, and neither Party shall be allowed to refer any dispute to the courts of its domicile which goes against said arbitration process.

Complaints Policy

When registering, you will have to give us some specific identification information. You are responsible for the security of your account’s login and password with Bernardex. You are exclusively responsible for any harm caused by reason of any act or omission resulting in inappropriate or illicit use of your account. You consent to yield precise and complete information about yourself during the registration action, and you also consent not to impersonate another person or entity, and not to mask your identity for Bernardex for any reason whatsoever. If you register as a commercial entity, you declare that you have the required authority to bind that entity to this Agreement. Bernardex carefully uses the information you provide to us according to the declaration of information given during the registration process and privacy policy. Also, note that Bernardex keeps effective and transparent procedures for reasonable prompt complaint handling for existing and potential retail clients, and we maintain records of complaints and measures taken for complaint resolution. The objective of this policy is to ensure equitable and consistent dealing with client complaints whilst striving to bestow the highest level of customer service.

Financial Information

Through one or more of its Services, Bernardex can provide you with a wide range of financial information that’s produced internally from agents, suppliers or partners (“Third Party Providers”). This includes, but isn’t limited to financial market data, quotes and news, analyst opinions and research reports, graphs and data (“Financial Information”). The financial information yielded on this Site isn’t intentional investment advice. Bernardex provides financial information only as a service. Bernardex and its Third Party Providers don’t vindicate the accuracy, timeliness, completeness or correct sequencing of the financial information or results of your use of this financial information. The financial information may quickly become undependable for various reasons, including, for instance, changes in market or economic conditions. Neither Bernardex nor the Third Party Providers are necessitated to update the information or opinions in the financial information, and we can discontinue the flow of financial information at any time without notice. It is your responsibility to substantiate the trustworthiness of the information on the Site and its suitability for your needs. We debar all liability for any claim, damage or loss of any kind brought about by information contained in the Site or referenced by the Site.

Links

Bernardex may offer a link to other websites that are issued or controlled by third parties. Such links to a site or sites are neither a confirmation or an approval nor a sponsorship or an affiliation to such site, its owners or its suppliers. Bernardex commends to make sure you cognize the risks associated with the use of such sites before retrieving, using or purchasing via the Internet. Links to these sites are dispensed solely for your convenience and you agree not to hold Bernardex responsible for any loss or damage due to the use or reliance on any content, products or services available on other sites.

Trading Cancellation

Bernardex keeps the right, in its sole discretion, to deny or cancel services, and/or refuse to disburse profits to any person for legitimate reasons, including, without limitation: (a) If Bernardex has reason to believe that a person’s activities on the Site may be illicit; (b) If Bernardex may be harmed by any fiscal or pecuniary damage due to anyone’s activities; (c) If Bernardex considers that one or more actions on the Site were made in violation of this Agreement.

Jurisdictions

Bernardex’s trading services are prohibited from the below countries as well as Sanctioned Countries:

Afghanistan
Crimea Region
Cuba
Iran
Iraq
Israel
Japan
North Korea
Sudan
Syrian Arab Republic
USA
Yemen

Payment Procedure

Bernardex’s finance department overlooks every withdrawal request submitted. Identification documents must be presented for any withdrawal. Bernardex may take up to 3 business days to process the demand. Once your application is approved please wait for 5 additional days before seeing your money in your account.

Minimum Withdrawal Amount : USD-100, Eur-100, GBP- 100, ETH – 0.1, LTC-1.5, Dash 0.3, BTC-0.026

Additional Information

You may be asked to provide further information for us to process your withdrawal, in which case our support team will contact you to request this before we process your withdrawal.

Added funds

Bernardex provides attractive reward attributes to its new and existing clients. Added funds and one-time trading credits are part of Bernardex’s promotions program. These added funds are limited by time and the circumstances related to any added capital are subject to change. To withdraw your added funds, you will be required to perform a trading volume of at least 1 Lot times for each $1 added funds. The added funds can be withdrawn only when the foregoing precondition has been fully respected and fulfilled. Any withdrawal of funds from an account made before completing the terms of added funds will be immediately cancelled and removed from the account.

If at any specific time any added funds are noted to be added in error or without notice, the customer has 3 business days to declare this to the support or complaints team, if this is not carried out within the specified time frame, the added funds will be considered as an authorised transaction and the client should meet the above terms before to any withdrawal.

Any manifestation of fraud, manipulation, cash-back arbitrage or other forms of deceptive or fraudulent activity based on the provision of the added funds will annul the account and any profits or losses collected.

Third-Party Software

Bernardex provides services to third-party software, it’s important to note that third party software has no connection with Bernardex and customers using their services are required to guarantee that they’re knowledgeable of the risk and terms and conditions of any specific software. Bernardex will not be liable for any actions, losses, errors or complaints made under the third-party softwares.

Limited Liability

We’re devoted to ensuring continuity of the Services on the Site. However, we assume no responsibility for any error, omission, deletion, interruption, delay, defect, in operation or transmission, communications line failure, theft or destruction or unauthorised access or alteration of the Site or Services. We reject responsibility for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, hardware or software, or any technical failure because of technical problems or traffic congestion on the Internet, the Site or any Service. To the extent allowed by applicable law, in no event shall we be liable for any loss or damage arising from the use of the Site or Services for any content posted on or through the Site or Services, or the conduct of all users of the Site or Services, whether online or offline. IN NO EVENT Bernardex OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS SHALL BE LIABLE FOR ANY DAMAGES WHATSOEVER TO YOU, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THE USE OF THE SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION THE QUALITY OF THE USEFULNESS OF INFORMATION PROVIDED THROUGH OR AS PART OF THE SITE OR ANY INVESTMENT DECISION MAKING ON THE BASIS OF THE INFORMATION, WHETHER THE DAMAGES WERE PREDICTABLE OR NOT AND WHETHER OR NOT Bernardex HAS BEEN ACQUAINTED WITH THE POSSIBILITY OF SUCH DAMAGES. LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL THE Bernardex CUMULATIVE LIABILITY TO YOU EXCEED THE AMOUNT OF MONEY YOU TRANSFERRED OR DEPOSITED IN YOUR ACCOUNT ON THE SITE IN CONNECTION WITH THE TRANSACTION GIVING RISE TO SUCH LIABILITY. Governing Law and Jurisdiction – This Agreement shall be governed by the law applicable in Saint Vincent and the Grenadines.

Bernardex doesn’t condone money laundering and endorses the fight against money launderers. Bernardex follows the guidelines set by MONEYVAL (Committee of Experts on the Evaluation of Anti-Money Laundering Measures). ‌MONEYVAL is a permanent monitoring mechanism of the Council of Europe, a pan-European organisation with 47 member states, reporting directly to its principal organ, the Committee of Ministers. MONEYVAL is entrusted with the task of assessing compliance with the principal international standards to counter money laundering and the financing of terrorism and the effectiveness of their implementation, as well as with the task of making recommendations to national authorities in respect of necessary improvements to their systems. MONEYVAL also conducts thematic typologies research of money laundering and terrorist financing methods, trends and techniques. MONEYVAL was originally an observer to the FATF and from June 2006 became an associate member.

Bernardex now has policies in place to dissuade people from laundering money. These policies include:

Guarantee clients have valid proof of identification.
Maintain records of identification information.
Determine that clients aren’t known or suspected terrorists by vetting their names against lists of known or suspected terrorists.
Inform clients that the information they disclose may be used to verify their identity.
Closely following clients’ money transactions.
No cash is accepted, money orders, third-party transactions, exchange houses transfers or the Western Union transfers. Money laundering occurs when funds from an illegal/criminal activity are moved through the financial system in such a way as to make it appear that the funds have come from legitimate sources.
Money Laundering usually follows three stages:

Firstly, cash or cash equivalents are put into the financial system. Secondly, money is transferred or moved to other accounts (e.g. futures accounts) through a series of financial transactions made to obscure the source of the money (e.g. executing trades with little or no financial risk or transferring account balances to other accounts). And finally, the funds are re-introduced into the economy so that the funds appear to have come from legal sources (e.g. closing a futures account and transferring the funds to a bank account).

Trading accounts are one vehicle that can be used to launder illicit funds or to hide the true owner of the funds. In particular, a trading account can be used to execute financial transactions that help obfuscate the sources of the funds. Bernardex directs fund withdrawals back to the original source of remittance, as a preventative measure. International Anti-Money Laundering demands financial services institutions to be aware of potential money laundering abuses that could happen in a customer account and implement a compliance program to dissuade, detect and report potentially suspicious activity. These guidelines have been enacted to protect Bernardex and its clients. For questions/comments regarding these guidelines, please contact us at [email protected]

Intellectual Property

Every content, trademark, service mark, trade name, logo, and icon are the property of Bernardex or its affiliates or agents and are protected by law and international treaties and provisions relating to copyright. You agree not to remove copyright notices or other indications of protected intellectual property rights of any material you print or download from the Site. You won’t acquire intellectual property rights, or any right or licence to use such material or the Site, other than those set forth herein. Images exhibited on the Site are the property of Bernardex. You agree not to upload, post, distribute or reproduce any information, software or other material protected by copyright or other intellectual property rights (including rights of publicity and privacy) without first obtaining consent from the copyright owner and the prior written consent of Bernardex.

Indemnification

You agree to defend and reimburse Our company and its officers, directors, employees, and agents and to hold them harmless from and against any and all claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, arising out of/or in any way connected with your access to/or use of the Site or Services; your breach of any of the terms in this Agreement; or your breach of any applicable laws or regulations.

Terms and Termination

The term of the Agreement shall be unlimited, however Bernardex keeps the right to terminate this Agreement at any time by notice to you. As of termination, you shall not be able to make new transactions.

Refund Policy

In order for Bernardex’s team to process all your withdrawal requests in a timely manner, traders are necessitated to comply with the KYC identification process. It’s compulsory for traders to submit all required documents and additional information to safely and accurately process their funds back to them.

Withdrawal requests are generally handled by Bernardex within 4-7 business days of receipt. Nevertheless, the amount of time that it takes for withdrawals to be processed back to traders as refunds may vary in regard to traders’ compliance, withdrawal methods and due to any additional security policies in force. Clients are advised to regularly follow up with their respective bank independently.

Refund requests can only be processed in the same method through which the initial deposit was made. That is, if you deposit funds in your account balance via a credit/debit card, you’ll be able to extract your funds in the same manner. Likewise, if you initially deposited funds through a bank wire transfer, you will be able to retrieve your refunds solely through a bank wire transfer.

Feel free to get in touch with our support team for any queries regarding your withdrawal requests.

Trading Fees

Rollover Fee: A rollover fee is applicable when keeping positions overnight while trading. The rollover fee for individual trading retail in the market consists of the amount that Bernardex will charge or pay for you to hold a trading position overnight.

Fee: Cryptocurrencies pairs: 0.01%

Withdrawal Fee: Via Credit / Debit card = 5%

Bank Transfers: SEPA: 10 USD /10 EUR/10 GBP; Rest: 25 USD / 25 EUR / 25 GBP

Inactivity Fee: An inactivity fee is levied if there is no trading activity or a minimum of 3 open positions for the amount of 100 USD/EUR/GBP for a period of 30 days or more (as from the first month).

Fee: 5% per month

Verification Fee: A verification fee will only apply contingent on the amount of time it takes clients to send their KYC documents to verify their trading account, more information can be found on our KYC Policy Page.

General clause

Bernardex won’t be liable in any way to any person in the event of force majeure, or for the act of any government or legal authority.

In the event that any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The failure of a party to impose any right or provision of this Agreement won’t be regarded as a waiver of such right or provision. Bernardex may assign this Agreement or any rights and/or obligations hereunder without your consent.

Bernardex may change the Terms of this Agreement from time to time by publishing the amended Terms on the Site. You’re responsible for checking whether the Agreement has been amended. Any amendment shall come into force as of the day it is published on the Site. If you don’t agree to be bound by the changes to the Terms and Conditions of this Agreement, don’t use or access our Services, and inform us in writing immediately.