Welcome to www.shyft46.com (referred to as “the Website” or “the Platform”). Please carefully read and understand the following Terms and Conditions (“Terms”) as they constitute a legally binding agreement between you (“User” or “Client”) and Shyft46 Ltd (“the Brokerage” or “we”).
Acceptance of Terms
By accessing or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, please refrain from using the Website.
Eligibility
You represent and warrant that you are at least 18 years of age and possess the legal capacity to enter into this agreement. If you are accessing the Website on behalf of an entity or organization, you affirm that you have the authority to bind such entity to these Terms.
Services
3.1 The Brokerage provides an online platform for foreign exchange trading and related services. The Website allows Users to access real-time market data, execute trades, monitor account activity, and access educational resources.
3.2 The Brokerage does not provide financial advice or guarantee the profitability of any trades. Users are solely responsible for their investment decisions and acknowledge that trading in the foreign exchange market involves risks.
Account Registration and Security
4.1 To access certain features and services on the Website, Users are required to register an account. Users agree to provide accurate and up-to-date information during the registration process.
4.2 Users are responsible for maintaining the confidentiality of their account credentials and ensuring the security of their account. Any activities conducted through a User’s account will be deemed the responsibility of the account holder.
User Conduct
5.1 Users agree to use the Website in compliance with all applicable laws and regulations. Users shall not engage in any activities that may disrupt or interfere with the operation of the Website or compromise the security and integrity of the Platform.
5.2 Users shall not engage in any fraudulent, deceptive, or illegal activities on the Website. Prohibited activities include but are not limited to unauthorized access, market manipulation, money laundering, or any activity that violates the rights of others.
Intellectual Property
6.1 All content, materials, and intellectual property displayed on the Website, including but not limited to logos, trademarks, graphics, text, and software, are the property of the Brokerage or its licensors. Users shall not use, reproduce, modify, or distribute any of these materials without obtaining prior written permission from the Brokerage.
Risk Disclosure
7.1 Users acknowledge that foreign exchange trading involves substantial risks and can result in financial losses. The Brokerage provides educational resources and risk disclosures, but Users are solely responsible for assessing and understanding the risks associated with trading.
Limitation of Liability
8.1 The Brokerage shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from the use or inability to use the Website, including but not limited to financial losses, trading losses, or damages resulting from unauthorized access to User accounts.
Indemnification
9.1 Users agree to indemnify and hold the Brokerage, its affiliates, directors, employees, and agents harmless from any claims, damages, losses, liabilities, and expenses arising out of or related to their use of the Website, violation of these Terms, or any breach of applicable laws.
Modification and Termination
10.1 The Brokerage reserves the right to modify or terminate the Website or any part thereof at any time without prior notice.
10.2 The Brokerage may also modify these Terms from time to time. Users will be notified of any material changes to these Terms, and continued use of the Website after such modifications constitutes acceptance of the updated Terms.
Governing Law and Dispute Resolution
11.1 These Terms shall be governed by and construed in accordance with the laws of Saint Lucia. Any disputes arising out of or in connection with these Terms shall be resolved through arbitration in accordance with the rules of International Arbitration in the Caribbean.
Severability
12.1 If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
Entire Agreement
13.1 These Terms constitute the entire agreement between the User and the Brokerage concerning the use of the Website and supersede any prior agreements or understandings, whether written or oral.
Anti-Money Laundering (AML) and Know Your Customer (KYC) Obligations
14.1 Users acknowledge and agree to comply with all applicable anti-money laundering laws and regulations. The Brokerage may require Users to provide identification documents, proof of address, and other information for KYC purposes. Failure to provide requested information may result in the restriction or termination of the User’s account.
Deposits and Withdrawals
15.1 Users may deposit funds into their trading accounts through approved payment methods as specified on the Website. The Brokerage reserves the right to impose minimum deposit requirements and may charge fees for certain transactions.
15.2 Withdrawals of funds from User accounts shall be subject to the Brokerage’s withdrawal policies, including verification procedures and processing times. Users are responsible for any fees or charges associated with withdrawals.
Third-Party Websites and Links
16.1 The Website may contain links to third-party websites or resources that are not owned or controlled by the Brokerage. The Brokerage does not endorse or assume any responsibility for the content, privacy practices, or actions of any third-party websites. Users access such websites at their own risk.
Modifications to the Website
17.1 The Brokerage reserves the right to modify, update, or discontinue any part of the Website, including its features, functionalities, and user interface, at any time without prior notice.
Communications
18.1 By using the Website, Users consent to receive electronic communications, including promotional materials, updates, and notifications, from the Brokerage. Users can opt out of receiving marketing communications at any time by following the instructions provided in the communication.
Force Majeure
19.1 The Brokerage shall not be liable for any delay, failure, or interruption in the performance of its obligations under these Terms due to events or circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, or governmental actions.
Waiver
20.1 The failure of the Brokerage to enforce any provision of these Terms shall not be deemed a waiver of its right to enforce such provision in the future.
Survival
21.1 Sections such as Intellectual Property, Limitation of Liability, Indemnification, Governing Law and Dispute Resolution, and Severability shall survive any termination or expiration of these Terms.
Please note that this is a revised version of the document and should be reviewed by legal professionals to ensure compliance with local laws and regulations.
© 2023. All rights reserved.
Shyft46, a premier broker in international CFDs trading, operates under the authorization of Shyft46 Ltd with Company Registration Number 2024-00197 with a registered address at Ground Floor, The Sotheby Building, Rodney Village, Rodney Bay, Gros-Islet, Saint Lucia. Risk Warning: Trading in Financial Instruments carries a significant level of risk and may not be suitable for all investors. Before deciding to trade, you should carefully consider your investment objectives, level of experience, and risk appetite. The possibility exists that you could sustain a loss of some or all of your initial investment and therefore you should not invest money that you cannot afford to lose. It’s important to be aware of all the risks associated with financial market trading and seek advice from an independent financial advisor if you have any doubts. *Note: This content is provided for informational purposes only and is not intended as financial advice. It is essential to understand that past performance is not indicative of future results. Legal Restriction: This website’s content is not intended for solicitation or offering any financial services to U.S. citizens or residents. Moreover, it is not designed for distribution in jurisdictions where its circulation or use would contravene local laws or regulations. *For more detailed information, please refer to our Terms & Conditions and Risk Disclosure.
