Terms of Service 2017-11-26T15:30:28+00:00

PUBLIC OFFER AGREEMENT

RoFx.net Company, hereinafter referred to as the Operator, provides the information and consulting services to any legal entity or individual, hereinafter referred to as the Member of the System, in the manner and under the conditions as governed by this Agreement.

This Agreement establishes the general conditions of the legally binding relationship between the Operator and the Member of the System intending to implement the trade signals in the non-deliverable (without handover of the basic asset) automatic mode, as well as to manage proprietary rights arising from such an implementation with the help of the software of the RoFx System (hereinafter referred to as the System).

This Agreement is a web document that is not required to be signed. The Agreement comes into force on the date of its acceptance by the Member of the System and is valid for an indefinite period.

The Member of the System accepts this Agreement fully and unconditionally the moment the Member of the System registers their account and / or uses the Operator’s website www.rofx.net (hereinafter referred to as the Site).

In view of the above, the Member of the System must carefully read the text of this Agreement and in case of any disagreement with the conditions herein must not enter this Agreement and must not use the services of the Operator. The Member of the System shall monitor and track any alterations or changes of this Agreement. The Operator shall not be responsible for the unawareness of the Member of the System about the changes or alterations published on the Operator’s Site.

  1. Definition of Terms

 

RoFx System — the set of the automated hardware and software computing system implemented on the basis of the self-training artificial neural network, the Transaction Processing Center, the System for automatic organization / maintenance of the Database of the Accounts of the Members of the System managed independently by individuals and / or legal entities (the Members of the System), as well as relationships and procedures arising between the specified structural elements in regard to the proprietary rights accountability in a digital form.

 

Operator — the developer, owner, installer and administrator of the electronic transfer system who ensures the integrity of the System and its uninterrupted operation.

Member of the System — any individual (or legal entity) who independently manages the account of the Member of the System using the automated hardware and software system.

Account — the stored in the System set of data about the Member of the System that is required for their identification (authentication) and granting access to their personal information and settings.

  1. General Provisions

2.1. The Operator shall provide services for processing and execution of instructions and requests of the Members of the System within their Accounts under the terms and conditions of this Agreement to any legal entity and / or individual (except for stateless persons, individuals under the age of 18, and citizens and legal entities of the countries, where the Operator does not provide services).

2.2. The Operator IS NOT a bank, trust, fund or financial institution, and DOES NOT provide financial and / or trust-based services.

2.3. As for the operations of the Members of the System, the Operator performs only execution, providing neither trust management, nor recommendations. The Operator can execute the instruction and / or request of the Member of the System even though such an operation may be unprofitable for the Member of the System.

2.4. The Member of the System has no right to demand from the Operator any investment / trade recommendations, as well as any other information capable of motivating the Member of the System to perform any operations.

2.5. The Operator, at their own discretion, may provide information, recommendations and pieces of advice to the Member of the System, but in this case, the Operator shall not bear any responsibility for the consequences and profitability of such recommendations / pieces of advice to the Member of the System. The Member of the System acknowledges and ensures that the Operator shall not be liable for any costs, expenses, charges and losses of the Member of the System resulted from inaccuracy of the information provided to the Member of the System.

2.6. As part of implementation of trade signals, no physical supply of currency occurs.

2.7. The System automatically distributes the funds of the Members of the System to trading accounts of brokers-partners with a view to the subsequent implementation of trade signals for obtaining maximum benefit in the interests of the Members of the System.

  1. Description of the System

3.1. The System is intended for automated trading based on the implementation of trade signals provided by the provider of trade signals (the System) on the basis of the subscription chosen and paid by the Member of the System. The subscription is fulfilled by selecting one or more corresponding Packages as indicated in the corresponding table on the web page https://rofx.net/for-customers

3.2. The subscription price is refundable; it is debited from the balance on the Account of the Member of the System at the time of its activation and is refunded to the balance of the Member of the System upon the expiry of the subscription period as specified in the Trading Days column for the corresponding Package in the table on the web page https://rofx.net/for-customers

3.3. In the event of early termination of the Agreement or refusal to subscribe for a Package, a fine of 30% as well as all previously accrued profits are deducted from the total amount of the corresponding Package.

3.4. The system automatically implements trade signals in a round-the-clock mode during each trading day (excluding weekends and holidays (non-trading days)).

3.5. The results of implementation of trade signals for the past trading day are published daily at 23:59 GMT as an indicator of daily yield in percent in the corresponding table in the Trading Reports section.

3.6. The result of implementation of trade signals is credited daily to the balance on the Account of the Member of the System immediately after the relevant publication on the Site, as described in clause 3.4 of this Agreement, after deduction of Performance Fee (in accordance with the terms and conditions of the purchased Package).

3.7. On the day with a negative result, the balance of Member of the System remains intact, and the loss is covered by the special-purpose reserve fund formed by the Operator for such cases.

 

  1. Procedure of Settlements. Funds Depositing / Withdrawal

4.1. At their own discretion, the Member of the System can use one of the following methods to deposit / withdraw funds from their account:

  1. Wire transfer
  2. Transfer via an electronic payment system
  3. Transfer with a bank card

4.2. Wire Transfer:

4.2.1. The Member of the System can use a wire transfer to deposit / withdraw funds from the account of the Member of the System provided that at the time of the transfer the Operator is working with this method of depositing / withdrawal of funds.

4.2.2. The Member of the System can use this method of depositing / withdrawal of funds only after successful completion of the verification procedure.

4.2.3. The Member of the System can make a wire transfer to the Operator’s account only from a bank account registered in the name of the Member of the System, or make a transfer without opening a bank account.

4.2.4. Before making a wire transfer for the purpose of depositing, the Member of the System shall make the request for adding funds to the account in their Account and download the invoice for payment. The invoice parameters, such as the bank details of the Operator, the purpose of payment and the payment due date must be carefully followed by the Member of the System when making the transfer. If the Member of the System cannot make the transfer using the stated in the invoice purpose of payment, it is necessary to contact the Payments Department to resolve the issue on an individual basis (the Payments Department contacts are listed on the Site).

4.2.5. The Operator reserves the right to reject the transfer of funds received by a wire transfer to the account of the Operator with the purpose of payment that differs from that stated in the invoice, or if the transfer was made by a third party on behalf of the Member of the System. In this case, the Operator shall send the funds back to the bank account from which they were transferred. All costs associated with the return of such a transfer shall be paid by the Member of the System.

4.2.6. The Member of the System can request the withdrawal of funds by a wire transfer only to the bank account registered in the name of the Member of the System.

4.2.7. The Operator shall send the funds to the bank account of the Member of the System in accordance with the details specified in the withdrawal request provided that the conditions of clause 4.2.2 of this Agreement are met.

4.2.8. When transferring funds by a wire transfer, the Operator shall indicate the purpose of payment specified in the Account. If the purpose of payment changes, the Operator shall promptly inform the Member of the System of a new purpose of payment by posting it in the Account.

4.2.9. The Member of the System understands and agrees that the Operator shall not be responsible for the terms and conditions of the wire transfer by the bank of the Member of the System.

4.3. Transfer Via an Electronic Payment System

4.3.1. The Member of the System can use the transfer via the electronic payment system (hereinafter referred to as the EPS) for depositing / withdrawal of funds from the account of the Member of the System at any time provided that at the time of the transfer the Operator is working with this method of depositing / withdrawal of funds.

4.3.2. The Member of the System can transfer via the EPS only using their personal Wallet registered in the EPS.

4.3.3. Before making a transfer via the EPS, the Member of the System must check the details of the Operator’s account in their Account in case the transfer is not made from the Account automatically.

4.3.4. The Operator shall send the funds to the EPS Wallet of the Member of the System in accordance with the details specified in the withdrawal request.

4.3.5. The Member of the System understands and agrees that the Operator is not responsible for the terms and conditions of provision of the EPS services to the Member of the System, as well as for any circumstances that caused the transfer technical failure if such circumstances occurred not due to the fault of the Operator but due to the fault of the EPS.

4.4. Transfer with a Bank Card:

4.4.1. To deposit / withdraw funds from the account of the Member of the System, the Member of the System can use the transfer with the help of a bank card of the international payment system the type of which is specified in the Account of the Member of the System at any time provided that at the time the Operator fulfills the corresponding request of the Member of the System the Operator is working with this method of depositing / withdrawal of funds.

4.4.2. When the transfer using a card of the international payment systems is made through the Account the acceptance of funds from the Member of the System is technically carried out by the official partners of the Operator.

4.4.3. The Member of the System can make a transfer using a bank card registered only in their name. Transfers using bank cards of third parties are not accepted or executed by the Operator. In case of receipt of payment to the account of the Member of the System from a third-party card the funds are returned to the same bank card from which they were transferred. All costs associated with this return are paid by the Member of the System or the within-named third party.

4.4.4 When the transfer is made using a bank card the Operator has the right to request from the Member of the System the following documents:

  1. a scanned copy or photocopy of the passport in high resolution;
  2. a scanned copy or photocopy of the bank card (front and back side) in high resolution. The first 6 and the last 4 digits of the card number, the full name of the cardholder, the issuing bank, and the validity period of the card must be clearly visible on the scanned copy / photocopy of the front side of the card. On the scanned copy / photocopy of the back side, there must be the signature of the holder of the bank card, while the CVC2 / CVV2 code must be covered. A scanned copy / photocopy of each bank card used is provided one time;
  3. for non-personalized or virtual bank cards, it is required to provide a scanned copy of the official letter (confirmation) issued by the issuing bank and confirming the name of the holder of the bank card. The document should include the number of the bank card, the name(s) and surname of the Member of the System and the stamp of the bank that issued the bank card.

4.4.5. The Member of the System understands and agrees that when using this method of depositing / withdrawal of funds the following restrictions are imposed on the Member of the System:

  1. the withdrawal of funds from the account of the Member of the System will be possible only by bank transfer to the account registered in the name of the Member of the System or to the bank card used to deposit the account of the Member of the System provided that at the time of processing of the corresponding request the Operator is working with this method of depositing / withdrawal of funds;
  2. the withdrawal of funds via the EPS for the packages paid by bank cards is not accepted by the Operator.

4.4.6. The Member of the System understands and agrees that the Operator is not responsible for the terms and conditions of transfers by the bank that issued the bank card, as well as for any circumstances that may cause a technical failure in the transfer if they occurred not due to the fault of the Operator, but due to the fault of the card-issuing bank, the processing center or the international payment system.

4.4.7. After the funds transferred by the Member of the System with the help of a bank card have been successfully credited to the account of Member of the System, the Operator’s obligation to provide the service for crediting funds shall be considered fully executed and cannot be questioned.

4.5. The Member of the System shall be responsible for the correctness of payments made by them. In the event of any change to the bank details of the Operator, from the moment the new details are published the Account, the Member of the System is absolutely responsible for any payments made using the outdated details.

4.6 Receipt of funds from the Member of the System through bank transfers and using cards of the international payment systems on the Site can also be carried out by the official partners of the Operator information on which can be found in the corresponding sections in the Account of the Member of the System.

  1. Rules and Guidelines for Using the Account

5.1. The Member of the System shall agree with all clauses of this Agreement on the use of the Account.

5.2. Login to the Account is password protected.

5.3. The Member of the System confirms and agrees that access to the Account will be made using their password.

5.4. The Member of the System shall fully assume the responsibility for keeping the password and ensuring its safety to prevent any unauthorized access by third parties.

5.5. All actions with and through the Account with the password entry shall be treated as such that are performed personally by the Member of the System.

5.6. Any person or party who has got access to the Account by entering the password shall be identified as the Member of the System.

5.7. The Operator shall not be liable for any losses the Member of the System may incur in case of theft, loss or disclosure of the password to third parties.

5.8. The Member of the System has the right to change the password to the Account independently or using the password recovery procedure.

5.9. Requests for depositing, withdrawal requests and requests for internal transfer of funds are shown in the History section of the Account of the Member of the System.

5.10. The Member of the System can see the following statuses of the Request for depositing in the Account History section:

  1. ‘Processing’ means that the funds are expected to be received by the Operator;
  2. ‘Completed’ means that the funds are credited to the account of the Member of the System;
  3. ‘Rejected’ means that the request is rejected. The reason for the request rejection is indicated in the details of the transfer.

5.11. The Member of the System can see the following statuses of the withdrawal request, and the request for internal transfer of funds in the Account History section:

  1. ‘Processing’ means that the request is accepted by the Operator;
  2. ‘Completed’ means that the funds are sent to the external account of the Member of the System as specified in the request, or transferred to another account of the Member of the System when transferring the funds internally;
  3. ‘Rejected’ means that the request is rejected. The reason for the request rejection is indicated in the details of the transfer.

5.12. The request for depositing, withdrawal request and the request for internal transfer of funds may be canceled by the Member of the System (in the Account History section) before the moment they are fulfilled by the Operator.

5.13. The request for depositing, withdrawal request and the request for internal transfer of funds may be rejected by the Operator with the indication of the reason for the rejection.

  1. Risks of the Member of the System

 

6.1. The Member of the System accepts the System as it is without any specific or implied warranties in its use, functions or quality of the operation, including, without limitation, the intended guarantees of uninterrupted operation or suitability for achieving certain financial results.

 

6.2. The Member of the System fully accepts the fact that the Operator under no circumstances is responsible before them for any action or inaction of the System, or any resolution and / or regulation of any regulatory body in relation to the System / Site.

 

6.3. The Member of the System agrees that there may be interruptions and / or delays of one kind or another in the operation of the System resulted from its maintenance.

 

6.4. The Member of the System fully understands that electronic and computer systems and the software used in the Internet trading are inherently prone to various kinds of failures and malfunctions, can work with a delay, and that the services of the System that are based on the normal functioning of such systems and means may be temporarily unavailable due to various circumstances, predictable or unpredictable.

 

6.5. The Member of the System shall carry out an independent analysis of the information provided on the Operator’s Site and agrees to rely on this information solely at their own risk.

 

6.6. The Member of the System fully understands that the past trading results presented in the form of statistical indicators and other information do not guarantee any future results.

 

6.7. The Member of the System confirms that they are thoroughly acquainted with all the risks that marginal trading in the financial markets bears, and agree to take all these risks on themselves.

 

  1. Event of Default

7.1. Each of the following circumstances shall be considered as an event of default:

  1. non-payment by the Member of the System of any appropriate amount in accordance with the corresponding Agreement;
  2. failure by the Member of the System to fulfill any obligations to the Operator in accordance with this Agreement;
  3. initiating the process of bankruptcy of the Member of the System by third parties or the process of the company liquidation (if the Member of the System is a legal entity), or the appointment of an administrator or beneficiary in respect of the assets of the Member of the System (if the Member of the System is a legal entity), or (for both legal entities and individuals) concluding a contract or agreement by the Member of the System with their creditors on the settlement of their debt or any other similar procedure;
  4. any statement, information and / or guarantee as declared or provided by the Member of the System under this Agreement is or becomes false;
  5. inability of the Member of the System to pay off debts, if any;
  6. death / liquidation of the Member of the System;
  7. any other circumstance in which the Operator reasonably believes that it is necessary or desirable to terminate the Agreement.

7.2. In the event that the Member of the System fails to fulfill their obligations, the Operator has the right, at their own discretion, at any time, without any prior written notification to the Member of the System, to take the following actions:

  1. reject all or any request(s) for depositing / withdrawal of funds;
  2. charge the amounts the Member of the System owes the Operator from the account of the Member of the System;
  3. cancel (suspend) any package of the Member of the System;
  4. refuse selling new packages to the Member of the System, or withhold service totally.
  5. Representations and Warranties

8.1. The Member of the System states and guarantees to the Operator the following:

  1. all information provided under this Agreement, the verification procedure and the Registration Form of the Member of the System is true, accurate, complete and full in all respects;
  2. the Member of the System has the necessary authority to enter this Agreement, to make requests and give instructions, and to fulfill their obligations under this Agreement;
  3. the Member of the System acts as a principal;
  4. if the Member of the System is an individual, it was they who filled in the Registration Form of the Member of the System, and if the Member of the System is a legal entity, then the person who filled Registration Form of the Member of the System on behalf of such legal entity had all the authority for this;
  5. any action taken under this Agreement does not violate any law, regulation, act, statutory norms and rules applicable to the Member of the System, or in the jurisdiction of which the Member of the System resides, or any other agreement the terms of which legally bind the Member of the System, or which affects any assets of the Member of the System;
  6. any action performed by the Member of the System, both inside and outside the System, are not aimed at exploiting a possible vulnerability of the Operator’s software.

8.2. The Operator has the right to refuse service at any time at their own discretion in case the Member of the System violates clause 8.1. of this Agreement.

8.3. The Member of the System confirms and accepts that the Operator can modify, add, rename, or leave unchanged the terms of this Agreement and / or the content of the Operator’s Site without prior notification to the Member of the System. The Member of the System also confirms that the Agreement is applied to the services that can be changed, added, or renamed in future in addition to those services that are provided to the Member of the System at present.

  1. Miscellaneous

9.1. The Operator shall be in no case responsible for any direct, indirect, incidental or consequential damages, including damages in the form of loss of business, profit or reputation. The Operator shall not be liable for delays or malfunctions of the System or communication facilities used by the Member of the System for work with the System regardless of their causes, including, without limitation, failures and delays resulting from malfunction of equipment or software, or any actions of broker companies, markets, banks, financial intermediaries, governments or regulatory bodies, or resulting from wars, terrorism, or unintentional actions of the System.

9.2. In the event of situations not described in the corresponding Agreement, the Operator will act in accordance with the accepted market practice based on the principles of fairness and justice.

9.3. By accepting the terms and conditions of this Agreement the Member of the System also agrees to receive mail and messages from the Operator to their personal e-mail, and agrees to receive messages in the form of a short text message (SMS) to the phone number provided in the Account.