Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.

My Financial Management System Ltd may modify these T&C at any time. All changes to these T&C will come into effect immediately after implementation of such changes since Your acceptance of the revised T&C will be made via a click-through confirmation or acceptance button when you will log in to Your secure back-office.

Please review them from time to time since Your continued log-in at Your back-office shall be deemed to be Your acceptance of any such modification. If You do not agree to these T&C, please do not become a Trader or apply to become an Affiliate My Financial Management System Ltd.

Terms and definitions

The My Financial Management System ‘Terms of Conditions’ govern all the actions that relate to the execution of your trades.

1. Introduction

2. Acknowledgement

3. Scope of the Terms of Conditions

4. Definitions and Interpretations

5. Internet and Electronic Trading

6. Access and changes to the website

7. Become a Member and Affiliate

8. Affiliate Plan & Reward

9. Advertising And Promoting Rights

10. Privacy Policy

11. Know Your Client

12. Payment Option and Terms

13. Violation of the T&C

14. Transfer Of Account

15. Legal Actions

16. Legal, Tax and Compliance

17. Miscellaneous

1. Introduction
  - 1.1. My Financial Management System (hereinafter referred to as ‘the Company’) is an investment firm that
  - 1.2. My Financial Management System Ltd is incorporated in Scotland.
  - 1.3. The objects of the Company are all subject matters not forbidden by International Business Companies in particular but not exclusively all commercial, financial, lending, borrowing, trading, service activities and the participation in other enterprises as well as to provide brokerage, training and managed account services in currencies, commodities, indexes, CFDs and leveraged financial instruments.
Acknowledgement
1. 1. The client acknowledges that he/she read, understood and accepted the Terms of Conditions as amended from time to time, in addition to any information contained within the firm’s website available online at www.myfms.pro
2. 2. After the Client fills in and submits the Account Opening Application Formto accept the Client as its customer, and hence open an account for him or accept any money from him, until all documentation it requires has been received by the Company, properly and fully completed by the Client and all internal Company checks (including without limitation anti-money laundering checks and appropriateness tests) have been duly satisfied. It is further understood that the Company reserves the right to impose additional due diligence requirements to accept Clients residing in certain countries. The Agreement will take effect and commence upon the receipt by the Client of the notice sent by the Company informing the Client that he has been accepted as the Company’s Client.” you may also add "by accepting this Agreement, the client is consenting that if he is accepted by the Company as a Client their relationship will be governed by the terms and Conditions of this Terms of Conditions and Account opening agreement as amended form time to time.
3. 3. The client acknowledges that the Firm’s official language is the English Language.
Scope of the Terms of Conditions
1. 1. The Terms of Conditions govern all the actions that relate to the execution of the client’s orders.
2. 2. The Terms of Conditions are non-negotiable and overrides any other agreements, arrangements, express or implied statements made by My Financial Management System unless the company, in its sole discretion, determines that the context requires otherwise.
3. 3. The Distance Marketing of Consumer Financial services law does not require the Client Agreement to be signed by either the client or the company in order for both the client and the company to be legally bound by it.
Definitions and Interpretations
1. 4.1. Terms stated bellow shall have the following meaning and may be used in the singular or plural as appropriate.
  - “Account” means a personalized trading account of the Client with the Company;
  - “Ask Price” means the price at which the Company is willing to sell a CFD;
  - “Balance” means the sum of the Client Account after the last completed order and deposit/ withdrawal operation made within any period of time;
  - “Bid Price”means the price at which the Company is willing to buy a CFD;
  - “Business Day” means any day on which broker are open for business .
  - “CFD Contract or CFD” means a contract which is a contact of difference by reference to fluctuations in the price of the relevant Underlying Asset;
  - “Client”means a natural or legal person, accepted by the Company as its Client to whom services will be provided by the Company under the Terms;
  - “Collateral” means any securities or other assets deposited with the Company’s Execution Venue;
  - “Company” means My Financial Management System Ltd incorporated in Scotland.
  - “Company’s Website” means www.myfms.pro
  - “Contract” means any contract, whether oral or written, for the purchase or sale of any commodity, security, currency or other financial instruments or property, including any derivative contracts such as options, futures, CFDs or other transactions related thereto, entered into by the Company and the Client;
  - “Counterparties” shall mean banks and/or brokers through whom the Company may cover its transactions with Clients;
  - “Equity” equals (Balance + Floating Profit & Loss + Swap);
  - “Event of Default” shall have the meaning given to this term in Clause 14;
  - “Execution Venue”the counterparty for transactions and holder of the Clients securities or other assets deposited;
  - “Floating Profit/Loss” shall mean the unrealized profit (loss) of open positions at current prices of the Underlying Assets;
  - “Free Margin” means the funds not used as guarantee to open positions, calculated as: Free Margin=Equity-Margin;
  - “Margin” means the necessary guarantee funds to open positions and maintain Open Positions, as determined in the Spreads and Conditions Schedule;
  - “Margin Call”when the Margin posted in the margin account is below the minimum margin requirement, the Company’s Execution Venue issues a Margin Call and in this case the Client will have to either increase the Margin that he/she has deposited, or to close out his/her position(s). If the Client does not do any of the aforementioned, the Execution Venue shall have the right to close the positions of the Client;
  - “Margin Level”means the percentage of Equity to Margin ratio. It is calculated as: Margin Level = (Equity/Necessary Margin) x 100;
  - “Market Maker”means a dealer in securities or other assets who undertakes to buy or sell at specified prices at all time;
  - “Market Rules”means the rules, regulations, customs and practices from time to time of any exchange, clearing house or other organization or market involved in the conclusion, execution or settlement of a Contract any exercise by any such exchange, clearing house or other organization or market of any power or authority conferred on it;
  - “Open Positions”means any position/transaction that has not been closed.
  - “Orders”means any trading transactions executed on the Company’s trading platforms.
  - “OTC” shall mean any Contract concerning a commodity, security, currency or other financial instrument or property, including any option, future, or CFD which is not traded on a regulated stock or commodity exchange but “over the counter”;
  - “Principal”means the individual person or the legal entity which is a party to a transaction;
  - “Security”means any securities or other assets deposited with the execution venue;
  - “Services”means the services to be provided by the Company to the Client construed by these Terms. Services is inclusive of any dealing, order routing, advisory or other services which the Company provides from time to time to the Client by remote access via the Internet and which are subject to these Terms;
  - “Spread”means the difference between the Ask Price and the Bid Price;
  - “Spreads and Conditions Schedule”means the schedule of spreads, charges, margin, interest and other rates which at any time may be applicable to the Services as determined by the Company on a current basis. The Spreads and Conditions Schedule is available on the Company’s Website and may be supplied to the Client on demand;
  - “Swap”shall mean the funds withdrawn or added to the Client’s Account from rolling over (transfer) of an open position to the next day;
  - “Terms” mean these Terms of Conditions governing all the actions that relate to the execution of your trades;
  - “Trade Confirmation”means a notification from the Company’s trading platform to the Client confirming the Client’s entry into a Contract;
  - “Trading Platform”means any online trading platform made available to the Client by the Company for placing orders, requesting quotes for trades, receiving price information and market related news as well as having a real-time revaluation of the open positions, through the Internet;
  - “Underlying Asset” means underlying asset is the financial instrument (e.g., stock, futures, commodity, currency, index) on which a derivative's price is based.
Internet and Electronic Trading
1. 1. The Client acknowledges the electronic nature of the Services and the inherent risk that communications by electronic means may not reach their intended destination or may do so much later than intended for reasons outside the Company’s control.
2. 2. Since the Company does not control signal power, its reception or routing via Internet or any other means of electronic communication, configuration of Client’s equipment or reliability of its connection, the Company 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 belonging to the Company.
3. 3. The Client is obliged to keep all login information secret and ensure that third parties do not obtain access to the personal area.
4. 4. The identification or use of any third party products, services or websites is not an endorsement by the Company of such services, products of websites. The Company accepts no responsibility or liability of any kind in respect of any materials on any website which is not under the Company’s direct control.
ACCESS AND CHANGES TO THE WEBSITE
1. 6.1 Our Website is made available free of charge. We reserve the right (in our sole discretion) from time to time to change the Website for any reason or no reason at all. Your continued use of the Website following the posting of any changes to these Terms constitutes acceptance of those changes. You agree that the Company will not be liable to you or to any third party for any change to the Website or any part thereof.
2. 6.2 We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted or will always be free from errors or omissions.
3. 6.3 We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
4. 6.4 You are responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
Become a Member and Affiliate
1. 7.1 We provide the Products along with a business model allowing for Members to take part in marketing and sales activities concerning our Products.
2. 7.2 You have now a possibility to join My Financial Management System Ltd as an Affiliate. The membership is free in My Financial Management System. When you referring a client you will have the possibility to become an affiliate, from now on called (Affiliate), to become an Affiliate is free.Asa Affiliate, you also have the possibility to purchase the products and services that My Financial Management System Ltd from time to time offers to You as a client, see more under the heading “Available offers for the Client’s”. If you are a Affiliate, you are also allowed, but is not required to inform other people and companies about the products and services that My Financial Management System Ltd from time to time offers to all people and companies that become a Client of My Financial Management System Ltd. The Affiliate is also allowed to refer and introduce new Affiliates to My Financial Management System Ltd.
  - Notice! You are only allowed to inform others about products and services that My Financial Management System Ltd from time to time offers to My Financial Management System Ltd clients.
  - To become a Client and/or an Affiliate, you must be at least 18 years of age and have reached the age of majority in Your state of residence. When You apply to become a Client, you need to supply information about the Affiliate that has referred You to become a Client. Please note that it is not possible to change the referring Affiliate afterward so please be careful that You write the correct link when applying to become a Client. To become a Client, you must provide accurate, complete and updated registration information, including an accurate name and email address.
3. 7.3 The Company shall provide Member upon registration with online material such as but not limited to learning materials, videos, access to webinars and more which the Member can use for their own educational purposes. The Member also has the potential of earning Commission (as detailed in the affiliate Plan) by promoting the Products, as detailed further in the affiliate Agreement. Back offices shall undergo update maintenance from time to time.
  - Member’s may not
    - select or use an email address of another person;
    - use a name subject to rights of another person without authorization from that person;
    - use a false or misleading name, mailing address, or email address to activate or use a Clients account.
  - By signing up as a Member with My Financial Management System Ltd, you as the Member is opting-in to receive other special offer e-mails from My Financial Management System Ltd and My Financial Management System’s partners that we from time to time cooperates with. If You do not wish to receive these e-mails, you may cancel Your status as a Member at any time.
  - Your Membership and status as an Affiliate are personal and, you cannot sell it or transfer Your account or status as a Affiliate without prior written consent by My Financial Management System Ltd. Please also note that you can NOT change Affiliate when You have signed up as a Member.
  - My Financial Management System Ltd reserves the right to track Member and Affiliate’s activity by both IP-address as well as individual browser activity. My Financial Management System Ltd may reject Your Member or Affiliate registration or purchase without giving any reason for the rejection. These T&C are on-going from the day when You become an Affiliate and will continue until terminated by either You or My Financial Management System Ltd according to what is stated in these T&C.
  - My Financial Management System Ltd does not control the manner in which the Client and Affiliate perform under these T&C and the Member and Affiliate shall, at all times strict follow the regulations with these T&C and all other policies governing My Financial Management System’s relationships with the Member’s and Affiliate’s.My Financial Management System Ltd makes no representations or promises about the amount of sales or bonuses on the My Financial Management System Ltd products or services that the Affiliate will be able to achieve.
  - The Member may in his or her own decision chose to purchase or deposit with My Financial Management System Ltd. You (Affiliate) agree to take such steps as are reasonable to be familiar with national and state prohibitions on marketing through email, facsimile, and telephonic devices, and avoid improper solicitation of business. You (Affiliate) agree to refrain from making misleading or improper representations concerning My Financial Management System Ltd products and services. You agree that any payment by for any of My Financial Management System products such as but not limited to deposits and the My Financial Management System product, shall only be processed at billing facilities approved by My Financial Management System Ltd.
4. 7.5. Rejection to become a Member or a Affiliate My Financial Management Systemmay reject Your application to become a Member or Affiliate without giving any reason for the rejection.
5. 7.6. E-Mail: Electronic Notification When You are approved as a Affiliate with My Financial Management System, You expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products, services, or other records or correspondence from My Financial Management SystemLtd. You consent to receive notices electronically by way of transmitting the notification to You by email.
6. 7.7. Introduce and Refer Member and Affiliate As an Affiliate, you can introduce and refer new Member and Affiliates to My Financial Management SystemLtd.PLEASE NOTE THAT My Financial Management SystemLTD DOES GIVE REWARDS, BONUS, COMMISSION OR COMPENSATION, FOR REFERRING NEW MEMBER OR AFFILIATES TO My Financial Management SystemLTD.The only way You, as an Affiliate can be rewarded is if You or any of the Affiliate’s You have direct or indirect referred to My Financial Management Systemacquires any product or services from My Financial Management System.
7. 7.8. Solicitation, earnings and advice Disclaimer My Financial Management Systemis not responsible for any errors or omissions contained in any disseminated content at the Website, nor liable for any loss incurred as a result of using the content of the webpage in any way. My Financial Management Systemhas not solicited You, nor give You any personalized investment advice. My Financial Management System’ssupport will answer Your general customer service questions. Anyway, they will not give you specific investment advice, as they are not licensed under securities laws to deal with Your particular investment situation. Communication by our support is only in effect to give you technical support. Provided Information on the website should not cause to make investment decisions. Furthermore My Financial Management Systemhas not made any statement, warrants or guarantees that You will earn any money on any purchased product or services from My Financial Management Systemand the result of the trading is a result outside the control of My Financial Management Systemand You will get the result according to these T&C. Before You decide if you want to apply to become a Client or Affiliate of My Financial Management Systemand then, by Your own decision, decide whether You want to purchase any product or service from My Financial Management System, you should consult competent, professional help and read all available information or public company information in regard to My Financial Management System. If the information You find contains predictions, expectations, beliefs, plans, assumptions or future income potential, this may not be statements of historical fact and may be “forward-looking statements“. Forward-looking statements are based on expectations, estimates and projections at the time the statements are made that involve a number of risks and uncertainties which could cause actual results to differ materially from those presently anticipated. Most forward-looking statements include using the following words: “expects“, “will“, “anticipates“, “estimates“, “believes“, “may“, “could“, or “might“.
8. 7.9 The Affiliate shall be responsible for their own marketing and sales activities and shall receive certain commissions, which are set out in the Membership Plan, depending on their performance.
9. 7.10 Affiliate are allowed to recruit potential Affiliate but shall not be obligated to. However, Affiliate are expected to provide support to newly sponsored Affiliate.
10. 7.11 The affiliate is considered as an affiliate of the Company. No provision in the Membership Agreement shall deem the affiliate as an employee, agent or representative of the Company. The AFFILIATE shall run their business at their own risk.
11. 7.12 Once the affiliate has earned commissions and rewards which equal, combined or individually, three times or more of the purchase price of the Product which they have purchased, the affiliate license to use the Product will expire and the affiliate will no longer receive any commissions or rewards. In order to renew the license, the affiliate will be required to either upgrade or repurchase the Product to be able to continue to use and market the Product and earn commission and rewards.
12. 7.13 Clause 5.12 above will apply to all Products, including any repurchased Products or upgraded Products.
13. 7.14 Reward payments will be made to the affiliate as detailed in the affilate Plan at the discretion of the Company. Rewards are not guaranteed and the Company is not obligated to make reward payments.
14. 7.15 The affiliate can purchase any number of Products and the commission and reward for each Product will be calculated individually.
15. 7.16 The commission which can be earned for each affiliate is capped at 2500 USD per day.
16. 7.17 Reward calculations will begin on the first day after the day the affiliate purchases a Product. If a Product is purchased on a 1st, then reward calculations will be commenced on the following 1st. The affiliate will be able to earn commission payments as soon as they have purchased a Product.
17. 7.18 Each affiliate may have one or more Accounts as long as all of the affiliate accounts are under the same sponsor. For each Account, during the registration, a username and password must be set, which, upon completion of the registration, shall become the affiliate log in details. You acknowledge that the detail and information you submit upon registration is your responsibility and is submitted at your own risk.
18. 7.19 affiliate are responsible for keeping their Account details accurate and up-to-date. In the event of changes, affiliate are required to make written requests to the Company’s IT department via email at ask@myfms.pro. Once the request has been received, KYC procedures may be conducted if necessary. Once the changes have been confirmed and proven, the changes shall be made.
19. 7.20 An affiliate may request to change their sponsor. In this case, the affiliate ‘sAccount shall be closed. The affiliate can make a new application with their desired sponsor after a period of 12 months, however this time period can be decreased or increased at the discretion of the Company. Approval or rejection of such an application will be at the sole discretion of the Company.
20. 7.21 You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify the Company of any unauthorised use, or suspected unauthorised use of your Account or any other breach of security. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
21. 7.22 These Terms will remain in full force and effect while you use any part of the Website. We may suspend or terminate your rights to use the Website (including your Account) at any time for any reason at our sole discretion, including for any use of the Website in violation of the Membership Agreement. Upon termination of your rights under the Membership Agreement, your Account and right to access and use the Website will terminate immediately. You agree that any termination of your Account may involve deletion of your user content associated with your Account, including any figures, documentation or material in your back office. The Company will have no liability whatsoever to you for any termination of your rights under the Membership Agreement, including for termination of your Account or deletion of your user content.
Affiliate Plan & Reward
1. 8.1 The Member understand that the membership Plan forms part of the overall agreement between the member and the Company and is part of the Membership Agreement.
2. 8.2 We are entitled to make any amendments or changes to the Membership Plan from time to time.
3. 8.3 The Membership Plan sets out the commission and rewards payable to member upon satisfying the conditions for such commissions and rewards. Any earned commission and rewards shall be transferred to the Member’s wallet.
4. 8.4 We may conduct KYC procedures in relation to withdrawals from the Member’s wallet. Likewise, we may also conduct KYC procedures prior to any crossborder wallet transfers.
5. 8.5 If you believe there has been an error regarding your compensation or reward, you must notify us within ten days from the date of the error. You acknowledge that any errors brought to our attention after these ten days expire shall no longer be our responsibility.
6. 8.6 The minimum amount in withdrawing commissions and rewards is 10 USD. An administration fee of 5% shall be charged per withdrawal from the member’s wallet. These fees exclude any bank or payment service provider charges, which you shall be entitled to pay.
7. 8.7 It should be noted that third parties (i.e. payment service providers and banks) have their own terms and conditions, which you shall review. If your Account name as approved in the KYC is different to the one in the bank account, payment shall not be processed.
Advertising And Promoting Rights
All content included on the website www.myfms.pro, hereinafter called the (“Website”), including the brand My Financial Management Systemany variation of the brand My Financial Management System, videos, graphics, designs, text, pictures, applications, software and other files are the proprietary property of My Financial Management SystemLtd, hereinafter called (“Proprietary Property”) and belongs to My Financial Management SystemLtd. You may not modify, copy, distribute, frame, republish, display, post, transmit, download or sell any Proprietary Property, in any form or by any means, in whole or in part, without My Financial Management System’s prior written consent. You may not upload or republish Proprietary Property on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation. Any use of the Proprietary Property without the prior written consent from My Financial Management System, is strictly prohibited and will terminate Your rights as a Affiliate and any unpaid and future Bonuses according to these T&C will be forfeited and legal proceedings may be taken against You. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these T&C shall be construed as conferring any license to intellectual property rights, whether by implication or otherwise.
1. 9.1. Trademarks The names My Financial Management Systemthat are used in graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks of My Financial Management System, hereinafter called (the “Trademarks”). All rights are reserved. All such Trademarks may not be copied or used in any manner without the prior written consent of My Financial Management System. You hereby declare that You are familiar with My Financial Management System’s Proprietary Property and are not permitted to file for registration any of the Proprietary Property, including names, tag-lines, slogans, trademarks, logos, designs, domain names, imagery, or copyrighted material substantially similar to My Financial Management System’s Proprietary Property.
2. 9.2. Advertising You are prohibited, without prior written consent by My Financial Management System, from advertising in any way, shape or form that includes the names My Financial Management Systemor any variation thereof. This includes, but is not limited to advertising, promotions of any kind or any advertising links in social forums, such as but not limited to blogs, social forums or other marketing methodology designed to promote to become an Affiliate of My Financial Management System. However, you are allowed to use marketing material that can be found in Your Back-Office, including your referrer link as a Affiliate to promote the possibility to become a Affiliate of My Financial Management Systemfor any of the products or services that My Financial Management Systemfrom time to time offer the Affiliate’s, in places that are directed to your personal known friends and contacts, the so-called warm market.
3. 9.3 Anti-Spam Policy My Financial Management Systemprohibits the marketing practice commonly referred to as “Spam”. All messages that originate from You as an Affiliate must comply with all applicable laws in Your jurisdiction as well as with general spam regulations. In the event of any validated report of “Spam” by You, My Financial Management Systemmay, at its sole discretion and without prior notice, terminate or suspend Your Affiliate account, and in the case of termination, you will forfeit any unpaid and future bonuses and future trading. My Financial Management Systemdefines “Spam” as: Electronic mail messages addressed to a recipient with whom the initiator does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient; Messages posted to forums and message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups or forums, or posted in excessive volume; Solicitations posted in forums, on walls, private messaging or chat rooms, or to groups or individuals via Chat or “Instant Messaging” system; My Financial Management Systemwill evaluate each validated abuse incident on a caseby- case basis and will, at its sole discretion and with or without notice, suspend Your account and/or terminate it, with forfeiture of any unpaid and future Bonuses. Note that You agree and accept that My Financial Management Systemwill not be liable for any damages incurred in relation to e-mails sent out by You as an Affiliate. The Affiliate is required to be responsible for their communications and their conformance to these T&C.
4. 9.4 Members are prohibited from making any recordings, both in audio or video, of speeches, discussions or presentations by the Company as well as its employees, officers, agents or representatives without the Company’s prior written consent.
5. 9.5 The Company shall notify Members through email or social media concerning Company events. The timing and location of such event shall be at the sole discretion of the Company and may be changed, postponed or cancelled if the Company deems necessary.
6. 9.6 Members are also prohibited from making any audio or video recordings or recordings in any form whatsoever of any speaker or celebrity presentations or appearances at a Company event unless the Members has acquired prior written authorisation from us. In the circumstance that we give our authorisation, Members shall not change, modify or transfer any press releases, pictures or recordings for their own personal advertising benefit.
7. 9.7 Following Clause 9.7, IBOs are not allowed to use, reuse, display or distribute through any medium any image or any form whatsoever of the speaker or celebrity wherein it may misconstrue the Product as a celebrity endorsed advertisement unless we have approved so in writing.
8. 9.8 You acknowledge that you are not allowed to:
  - 9.8.1 violate any rules and regulations set by us;
  - 9.8.2 imply or suggest that materials not belonging to the Company are owned by the Company;
  - 9.8.3 resell our Products for a lower price compared to its original purchase price;
  - 9.8.4 sell the Products on any other online or offline public or private markets, department stores or auctions;
  - 9.8.5 sell marketing or promotional material to other IBOs;
  - 9.8.6 send spam messages, faxes or emails to others; and
  - 9.8.7 use our name for your own personal benefit, which includes, but is not limited to, applying for loans or incurring expenses.
9. 9.9 Member acknowledge that they shall not act as a spokesperson for the Company and shall not make any statements on behalf of the Company and shall immediately refer any enquiries by the media to the Company.
10. 9.10 Member are obligated to present themselves as Member of the Company. They shall not misrepresent their career position within the Company. Accordingly, all advertisements and any other promotional materials, including, but not limited to, business cards, name tags or personal websites shall include correct and accurate information.
  You acknowledge that merely becoming an Member shall not entitle you to commission. Your commission earnings shall be directly related to the amount of Products you have sold.
11. 9.11 Member shall only conduct their business, promotional and advertising activities in locations where they are legally allowed to do so and the Company will not be liable whatsoever for any actions of Member.
12. 9.12 Member shall be fully responsible for any third-party claims arising from their breach of the Membership Agreement or any of their activities in relation to their My Financial Management Systembusiness.
13. 9.13 You shall ensure that you act responsibly and fulfil your obligations under the Membership Agreement and any applicable laws and regulations.
14. 9.14 You shall immediately inform us if you become aware of any violation(s) of this Clause 9 or any provisions of the Membership Agreement by contacting us via email at ask@myfms.pro
15. 9.15 You acknowledge that you are strictly prohibited from targeting any individuals in your downline organisation as this will be deemed improper business practice and will subject you to the suspension of your Account.
16. 9.16 Member are also strictly prohibited from providing misleading or fraudulent information for the purposes of benefiting their My Financial Management Systembusiness.
17. 9.17 Crossline Sponsoring, or attempting to do so, is not permitted and shall be considered a breach of the Membership Agreement leading to suspension of the involved Member’s Accounts.
18. 9.18 You understand that manipulation of commissions and rewards as specified in the Membership Plan is strictly not allowed, which shall include, but is not limited to, altering Account details, performances and/or results. Any attempt to do so shall result in the withdrawal of the commissions and rewards and suspension of your Account.
Privacy Policy
1. Privacy is important for us. To better protect Your privacy, we provide this notice explaining our online information practices and the choices You can make about the way Your information is collected and used. You agree to these policies by virtue of using the Website in a way that leads to you providing us with personal information. State Law & policy; Accompanying Rights, please understand that You may have additional rights originating from State laws based on where you live. These State-based rights may augment, strengthen, or otherwise somehow compliment any privacy rights you have inherently or under Federal law. Our policy is to comply fully with the privacy policies of every jurisdiction in which we operate.
Know Your Client
1. Due to the protection of My Financial Management System, My Financial Management Systemcan at any time, at their own decision, ask You to provide a copy of Your passport and a copy of a utility bill that is not older than 90 days and shows Your address. This request is called (“KYC Request”). You are aware and accepts that You will be asked to provide accepted KYC documents before You can exchange any points and other bonuses to cash to a third party that is licensed to handle such information and make any payment in cash. If a KYC Request is required, then You will not be able to exchange any points or other bonuses to cash until You have provided acceptable documents.
PAYMENT OPTIONS AND TERMS
1. 12.1 For the purchase of our Products, the following are payment methods which the Company may request:
  - 12.1.1 cryptocurrency transfer; or
  - 12.1.2 wallet payment.
2. 12.2 We reserve the right to change the payment options and method as mentioned in Clause 12.1 from time to time.
3. 12.3 Any delays in the delivery of the Products shall not entitle the member to cancel the order or claim for compensation.
4. 12.4 The Products will only be provided to an member once the Member”s payment has been successful.
5. 12.5 If a Member decides to cancel their purchase, it will be at the sole discretion of the Company as to whether any refunds will be given to the Member or NOT.
6. 12.6 On cancellation of a purchase, any administration fees shall not be refunded. Once an Member cancels their registration, the Member Account shall be deleted.
7. 12.7 To cancel a purchase, you must inform us via email at ask@myfms.pro
Violation of the T&C
If You violate these T&C or if You act in a way that My Financial Management Systemthinks is not appropriate or if You misuse any of the information given to You prior to disclosed to the public or in any way misrepresent My Financial Management System, slander, spread gossip, make statements or otherwise say or write things that can harm the reputation of My Financial Management Systemor My Financial Management Systemas a company or any employees, consultants, third party suppliers or individuals associated with My Financial Management System, You are aware that My Financial Management Systemcan suspend and/or terminate Your status as a Client and Affiliate and also reserves the right to take legal action against You for any damage You have caused My Financial Management System.
1. 13.1. Suspending You as a Affiliate If You breach these T&C or if My Financial Management Systemsuspect that You breach these T&C, My Financial Management Systemcan suspend You as a Client and Affiliate which means that My Financial Management Systemwill temporarily disable Your access to the Back-Office and temporarily disable Your access to all content, news, and possibility to have any benefit from any product or service you may have purchased until My Financial Management Systemtakes a final decision to either terminate or resuming Your status as a Client or Affiliate. Termination of Your status as an Affiliate will have consequences that can be found under the section “Termination of Your status as a Affiliate”. Resuming Your Affiliate status will restore Your access to the Back-Office services and to all information that You were entitled to see before the suspension. If You are suspended, My Financial Management Systemalso reserves the right to freeze Your Bonuses and Points until the investigation is finalized. Please note that in case You are suspended as a Client and Affiliate You will not be allowed to refer any new Clients to My Financial Management System. During the time of suspension, you will NOT be allowed or entitled to any bonus, trading output, nor will you be compensated in arrears for any loss of any kind, including but not limited to loss of bonuses or trading outputs.
2. 13.2.Termination of Your status as a Affiliate You can at any time terminate Your status as a Client and Affiliate by sending an e-mail to ask@myfms.pro, My Financial Management Systemcan at any point decide to terminate Your status as a Client and/or Affiliate without giving any reason for the termination. The termination will be effective immediately. My Financial Management Systemreserves the right to terminate Your status as a Client and Affiliate in order to comply with applicable laws, protect its property or the property of others, ensure the safety of My Financial Management Systemand others or if My Financial Management Systemreasonably determines that a registrant has or is likely to engage in any activity that violates these T&C for Clients and Affiliate. Once the termination has been carried out, this is displayed on the start page in the back-office of the Affiliate. My Financial Management Systemwill also send You an automatic notification of termination by e-mail to the email address that You have registered with My Financial Management System. In the event of termination, will any trading be reimbursed and in case of any made prepayment, the prepayment will be reimbursed.
TRANSFER OF ACCOUNT
1. 14.1 Members are permitted to transfer their rights of ownership over their Account to an Inheritor at any time provided the Company’s prior written consent is acquired as well as a signed agreement between the Member and the Inheritor is provided, which clearly states that the Member shall transfer their rights and that the Inheritor agrees and fully understands the terms in the Membership Agreement.
2. Transfer of any ownership over an Account in accordance to Clause 14.1 shall not be implemented if the Inheritor already has an existing Account.
3. With regards to a transfer of ownership as per Clause 14.1, the Company shall charge an administration fee of 100 USD, which must be paid either by the former Member or the Inheritor.
4. 14.4 If an Member passes away, the Member’s Account shall be passed onto the inheritors of his/her estate, provided a copy of the Member’s death certificate, last will and testament is given along with a written request specifying the individual to take over the ownership of the Account signed by all inheritors of the Member’s estate.
Legal Actions
In the event of any violation or breach of these T&C, My Financial Management Systemwithout prejudice to any other rights and remedies at law or in equity, reserves the right to take any action it deems appropriate, including but not limited to issuing warning letters, suspending or terminate You as a Client and Affiliate and pursue litigation or other legal actions. Furthermore, My Financial Management Systemhas zero tolerance for unprofessional behavior that can in any way, shape or form directly or indirectly harm My Financial Management Systemor the companies that My Financial Management Systemfrom time to time cooperates with. Legal action will be taken against those Clients and Affiliates for any loss of income or any other damage or financial loss caused to the My Financial Management Systemor the companies that My Financial Management Systemfrom time to time cooperates with. Any Affiliate caught smearing the name of My Financial Management System– whether it’s directly or indirectly – or in any way misrepresents My Financial Management Systemor the companies that My Financial Management Systemfrom time to time cooperates with will also be subject to legal action from My Financial Management Systemand/or the companies that My Financial Management Systemfrom time to time cooperates with. My Financial Management Systemshall be the sole determiner in cases of suspected abuse, fraud, violation of its rules, unprofessional behavior, smearing or misrepresenting My Financial Management System. Any decision My Financial Management Systemmakes relating to the cancellation of potential Bonuses and the suspension or termination of the status as an Affiliate shall be final and binding.
1. 15.1. Forfeit of Bonuses and Trading If the Affiliate loses the status of a Member or Affiliate due to a violation of these T&C or if the Affiliate does not provide acceptable documents according to a KYC Request within 2 weeks from the KYC Request was sent to You, see more under the heading “Know Your Client”, all rights to current and future bonuses including entitled rewards and bonuses that are in the Points Account are forfeited and the Affiliate cannot claim any right to the forfeited bonuses, points or rewards.
2. 15.2. Withhold of Bonuses and trading result If the Affiliate for any reason whether it is a fault from My Financial Management System, hacker attack or otherwise, receives more bonus, commission or result from the trading, you agree and accept that My Financial Management Systemdeducts not withdrawn bonuses as well as withholds any future trading result, bonuses, commission or other rewards according to the bonus and reward system.
3. 15.3 Limitations Waiver of Liability You acknowledge and agree that, to the fullest extent permitted by any applicable law, you will not hold any employees, consultants, third party suppliers or individuals associated with My Financial Management Systemliable for any and all damages or injury whatsoever caused by or related to use of, or inability to use the My Financial Management SystemWebsite and back-office under any cause or action whatsoever of any kind in any jurisdiction, including, without limitation, actions for breach of warranty, breach of contract or tort (including negligence) and that none of the third parties or individuals associated with My Financial Management Systemshall be liable for any indirect, incidental, special, exemplary or consequential damages, including for loss of profits, goodwill or data, in any way whatsoever arising out of the use of our products. You further specifically acknowledge that the third parties or individuals associated with My Financial Management Systemare not liable, and you agree not to seek to hold any of the third parties or individuals associated with My Financial Management Systemliable, for the conduct of third Parties, including trading, and that the risk of trading rests entirely with you. My Financial Management Systemreserves the right to assume the exclusive defense of any claim for which My Financial Management Systemis entitled to indemnification under this section. In such event, you shall provide My Financial Management Systemwith such cooperation as is reasonably requested by My Financial Management System.
Legal, Tax and Compliance
You are subject to all laws of the state, province and/or country in which You reside and from which You access My Financial Management System’s website and You are solely responsible for obeying those laws. The Affiliate is not an employee of My Financial Management System, nor any associated company and must not claim to be so. The Affiliate is responsible for all taxes and fees based on all the bonuses, points, trading outputs, FIAT currency or cryptocurrencies received from the bonus system of My Financial Management System.My Financial Management Systemprefers that the Affiliate apply to become an Affiliate as a corporation. If any government entity determines Affiliate is subject to wage withholding, the Affiliate agrees to form a corporation or to execute such paperwork or take such actions as is reasonable to establish that the Affiliate is not an employee of My Financial Management Systemor My Financial Management Systemwill have the right to terminate Affiliate agreement forthwith upon written notice.If My Financial Management Systemsuspects that You breach against any law e.g. use a stolen credit card or otherwise makes a fraud or an attempt to fraud, My Financial Management Systemcan with immediate effect suspend Your status as a Affiliate, block all Your bonuses and take other legal action against You without further notice. You agree that My Financial Management Systemcannot be held liable if laws applicable to You restrict or prohibit Your participation. My Financial Management Systemmakes no representations or warranties, implicit or explicit, as to Your legal right to offer the products that My Financial Management Systemfrom time to time offers, nor shall any Affiliate, or claiming affiliation, with My Financial Management Systemhave authority to make any such representations or warranties. My Financial Management Systemreserves the right to monitor the location from which You access My Financial Management System’s Websites and to block access from any jurisdiction in whichparticipation is illegal or restricted.
1. 16.1. General Notice As a Client and Affiliate, you hereby accept and warrant that You have an understanding of the usage and intricacies of cryptographic tokens, such as BTC (Bitcoin) and other block chain-based software systems. Furthermore, you accept and warrant that You are legally permitted to trade, direct or indirect via a third party as My Financial Management System, in Your jurisdiction. You also accept and warrant that You waive Your right to participate in a class action lawsuit or a wide-reaching arbitration or court case against My Financial Management Systemor any entity affiliated, private individuals, employees, consultants, third party suppliers or other people or entities associated or connected with My Financial Management System. You further accept and warrant that You take sole responsibility for any restrictions and risks associated with the trading. Further, you accept and warrant that You are not exchanging cryptocurrencies or FIAT Currency for the purpose of speculative investments, nor for any illegal purpose within your jurisdiction. You accept and warrant that you understand that there is no guarantee whatsoever on investing, to the extent permitted by law.
2. 16.2. Availability, Viruses, Warranty Disclaimer Due to the nature of the Internet and computer systems, My Financial Management Systemcannot be held liable for the continuous availability of the Website. Although My Financial Management Systemmakes every endeavor to keep the Websites accessible and free from viruses, My Financial Management Systemcannot make any guarantee that it is virus-free. You shall, for Your protection, take the necessary steps to ensure appropriate security measures and shall utilize a virus scanner before downloading any information, software or documentation. The My Financial Management Systemwebsite may be unavailable from time to time for maintenance or other reasons. My Financial Management Systemassumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications or content. My Financial Management Systemis not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers of any of the before mentioned, computer or mobile phone equipment, software, on account of technical problems or traffic congestions on the internet or at the My Financial Management Systemwebsite, including injury or damage to User’s or to any other person’s computer, cell phone or other hardware or software, related to or resulting from using or downloading materials in connection with the Websites. All information and services included in or available through the Websites are provided “as is” and “as available” for Your personal, non-commercial use. Neither My Financial Management System, nor any of its employees, agents, content providers, service providers, or licensors, makes any warranty of any kind regarding the website and/or the content contained therein, the products or services available on or through the website, the results that may be obtained from using the Websites. My Financial Management Systemdisclaims all warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose or non-infringement. My Financial Management Systemexpressly disclaims all warranties that the content of the website is accurate, reliable or correct; that the website will be available at any particular time or location, will be uninterrupted, timely, secure or error-free; that any defects or errors will be corrected; or that the content is free of viruses or other harmful components. Your use of the My Financial Management Systemwebsite is solely at Your risk. You download or otherwise obtain content, material data or software (including any mobile user) from or through the My Financial Management Systemwebsite or service at Your own discretion and risk and You will be solely responsible for Your use thereof and any damages to Your cell phone or computer system, loss of data or other harm of any kind that may result. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to You. To the extent that we may not disclaim implied warranties as a matter of applicable law, the scope and duration of such warranty shall be the minimum required under such applicable law.
Miscellaneous
1. No delay or omission by any of the parties in exercising any right under these T&C shall operate as a waiver of that or any other right. A waiver or consent given by the other party on any one occasion shall be effective only in that instance and shall not be construed as a bar or waiver of any right on any other occasion. Captions contained in these T&C are inserted only as a matter of convenience or for reference and in no way, define, limit, extend, or describe the scope of the T&C or the intent of any provision of the T&C. It is the intent of the parties that neither the T&C, nor any covenant in the T&C, shall be construed against either party pursuant to the common law rule of construction against the drafter. It is the intent of the parties that said rule not be applicable to the T&C. The parties waive all rights to trial by a court in any action or proceeding instituted in connection with T&C. If any provision of the T&C shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such provision shall be enforced to the maximum extent permissible so as to give effect to the parties’ intentions as reflected in the provision, and all other provisions of the T&C shall remain in full force and effect.
2. In the event of a dispute arising out of or relating to T&C, the prevailing party shall be entitled to an award of attorneys’ fees and costs. The T&C is personal to You and may not be assigned or subassigned. This includes but is not limited to, sell, transfer, pledge or give power of attorney to any rights or obligations according to these T&C. In the event that any provision of these T&C shall be invalid, illegal or otherwise unenforceable, the validity, legality, and enforceability of the remaining provisions shall in no way be affected or impaired thereby. Nothing in these T&C provides the Affiliate with the right, license, authorization or approval to make binding agreements with any person or entity on behalf of My Financial Management System. Furthermore, the Affiliate is not authorized to receive or collect monies from any person on behalf of My Financial Management System. All payments must be made direct to My Financial Management Systemto be a valid payment. These T&C, the My Financial Management SystemPrivacy Policy, as well as all other terms, obligations, and rules posted on the Websites, which are hereby incorporated by this reference.