All relevant legal terms and information required for managing and understanding your legal relationship with our company are revealed on this site for public reference. Prior to opening an account on this website please ensure that you have understood and agreed to all of the legal terms.
We are aware of the importance of adherence to regulations, rules, and operational requirements. We are committed to operating commercial investment activities within the allowed framework of applicable regulations and compliance in a disciplined and responsible manner. Delivering transparency in liquidity and strict financial management of capital and auditing for investors.
INTRODUCTION
The following Terms & Conditions shall replace any prior or existing agreement between the parties, or previously issued Terms & Conditions, and shall apply to any existing arrangements currently operating between the parties. By executing an account application and/or undertaking any transaction with Xenium Financial Group Ltd. Company No. 14480309 (“Xenium”, “we” or “us”), you hereby agree to be bound by the following Terms & Conditions (as amended from time to time).
These Terms & Conditions were updated on November 10th, 2022. All information contained in this T&C has been obtained from sources believed to be accurate.
NOTICE
It is your responsibility to read these Terms & Conditions. Please read them carefully, as you agree to be bound by the terms herein by accessing the Xenium website, by completing customer account paperwork, or by completing any deposits with Xenium. If you do not agree to be bound by these terms, do not access the website, or otherwise conduct business with Xenium. You are presumed to have read these Terms & Conditions, FSG and all other legal and compliance documents, by continuing to access the website.
TERMS
These Terms & Conditions cover the account you must have to manage your transactions.
To establish your account, you must complete an account registration form. Xenium may, in its absolute discretion, accept or decline to provide any one or more investment products that you have selected in your account registration.
These Terms & Conditions will apply to you in respect of any investment product that you have selected in the account registration from the earlier of (a) the time you completed the account registration form on our website; (b) the time you completed your first deposit with Xenium or otherwise instruct us to provide a service in respect of the investment products.
MODIFICATION OF TERMS
These Terms & Conditions can be modified at the discretion of Xenium and without prior notice. Your use of this website is governed by the version of the Terms & Conditions in effect on the date the site was accessed by you. You should review the most current version of these Terms & Conditions by logging on to the Xenium website on a regular basis. We will not notify you individually, however we will publish on our website that the Terms & Conditions have been modified. This website publication serves as notice of the modification, and you are presumed to have consented to the new terms by continuing to use, view or conduct business via the website.
OTHER AGREEMENTS
These Terms & Conditions are to be read and interpreted along with all other agreements between you, the Client and Xenium, including but not limited to any customer or account agreements, or any other agreements that govern your use of contents, information, products, and services available on and through the Xenium website. These Terms &
Conditions and the other agreements, primarily the Financial Service Guide (“FSG”) and customer account registration, form one agreement and should be read as such. However, in the event of inconsistency, the terms in the legal documents described below will rank according to the following priority, to the extent of any inconsistency:
• FSG
• Terms & Conditions
• Account Registration Form
WEBSITE USE
Use of the Xenium website is intended for your personal use, it is not to be used commercially unless a written agreement between you and Xenium states otherwise.
The content of this website is not to be distributed to, or used by, any person in any country or any jurisdiction where the use or distribution is considered unlawful and contrary to the local regulations. Xenium will not accept nor distribute its products and services to people residing in countries where the use of such services is contrary to local law.
This website is not in any way to be considered a solicitation to buy or offer to sell any product or service to people in any jurisdiction where such products and services are considered unlawful. Thus, it is your responsibility as a user of this site to determine the terms of your jurisdiction and to comply with all local laws and regulations.
OUTSIDE ADVISE AND RISK
By accessing the Xenium website and agreeing to these terms, you acknowledge that you have had the opportunity to obtain independent taxation and financial advice. Xenium provides general and not personal advice. All information contained on the Xenium website is geared toward the general user. Xenium does not provide information about taxes or any other legal matters, nor does it give investment advice.
It is your responsibility to determine if any investment or strategy used is appropriate to you based on your personal appetite for risk, and your personal objectives. Should you need special advice please consult a professional who can tailor information to meet your needs.
By using this website, you are representing to Xenium that you have considered your own financial circumstances and that you understand the purpose of the transactions you enter with Xenium.
RELIANCE ON AND USE OF INFORMATION ON THE XENIUM WEBSITE
The Xenium website may have general advice, news, and financial research supplied by a third party, not affiliated with Xenium. The source of such information will be clearly identified on the website. Such material will be available in certain areas of the site or by a “hyperlink” to the third party. The contents of these links and publications are protected by applicable intellectual property laws and international treaties and licensed from and owned by third parties.
Xenium does not approve nor endorse such third-party content. These contents are considered general advice. They are not to be used as personal or legal advice. The content is obtained from sources believed to be reliable but cannot and is not guaranteed to be accurate. The Xenium website may contain links to other (third-party) websites. While Xenium will work hard to provide accurate and timely information to its clients, the company will not, under any circumstances, guarantee the accuracy and timeliness of the information provided by third parties. Please be aware that Xenium DOES NOT control the contents of these sites, nor the accuracy of the information on them. Neither does Xenium endorse the materials on these sites. Xenium WILL NOT be responsible for any of the information provided by third parties, and will not be held liable, nor will it indemnify, for losses sustained because of reliance upon third-party information.
YOUR RIGHTS AND OBLIGATIONS
Xenium grants you a non-exclusive, none transferable, and limited personal license to access and use its website. This license is conditional on your continued compliance with these Terms & Conditions.
You agree that you will make no changes or links to the website, nor will you resell or permit access to the website to others. You agree that you will not copy any materials appearing on the website for resale or for any other purpose without the prior written consent of Xenium.
You agree that all information on this website is to be used for the sole purpose of executing transactions inside and within the Xenium website.
You also agree to only use the site for the purpose of gaining access to the services it provides. Any other use of this website is considered unlawful and will lead to the termination of any agreements you have with Xenium. Other actions can and will be taken by Xenium if needed. Upon such violation, you are required to immediately cease the use of the Xenium website.
You must keep all passwords secret and ensure that unauthorized third parties do not obtain access to your account.
You agree to use ordinary care and reasonable diligence in protecting your personal account information, including login and password information, and agree to be responsible for any damages due to another’s use of your personal account information.
CLIENT INSTRUCTIONS
Transmission of an instruction by you will not constitute a binding contract with Xenium until confirmed by Xenium.
You must execute, or otherwise authorize Xenium to execute, all such agreements and other documents as required to enable the provision of the services and investment products contemplated by you. You appoint Xenium as your attorney to do all things necessary to enter into such agreements on your behalf.
COMMUNICATIONS AND INFORMATION
Unless otherwise indicated any communications, information, or material of any kind that you e-mail or otherwise transmit through the Xenium website, including information, data, questions, comments, or suggestions (your "Communications") will be treated as non-proprietary and non-confidential.
By accepting these Terms & Conditions you grant a license to Xenium to use your Communications in any way, either on the website or elsewhere, with no liability or obligation to you. Xenium is free to use any idea, concept, know-how or technique or information contained in your Communications for any purpose including, but not limited to, developing and marketing products.
Xenium is entitled, but not obligated, to review or retain your Communications. Xenium may monitor your Communications to evaluate the quality of service you receive, your compliance with these Terms & Conditions, the security of the website, or for other reasons. You agree that such monitoring activities will not entitle you to any cause of action or other rights with respect to the manner in which Xenium monitors your Communications. In no event will Xenium be liable for any costs, damages, expenses, or any other liabilities incurred by you as a result of Xenium monitoring your activities.
DISCLAIMER OF LIABILITY
No warranty of any kind, implied, express, statutory, or otherwise, including but not limited to warranties of title, fitness, merchantability, freedom from defect or computer viruses, or non-infringement of third-party rights, is made or given by Xenium.
Unless otherwise required by law, Xenium will NOT be responsible or liable to you for any losses resulting from causes that Xenium has no direct control over. Such losses include but are not limited to failure of electronic communications and data transmission due to phone line or internet failure. Xenium is NOT liable for any viruses, theft, unauthorized access, fire, weather, war, terrorist acts, accidents, or actions of governments.
ANTI-TERRORISM/MONEY LAUNDERING
You acknowledge that:
a) we are subject to various anti-money laundering and counter-terrorism financing guidelines (AML/CTF Laws) which may prohibit us from offering services or entering into or conducting transactions; and
b) the AML/CTF guidelines include prohibitions against any person dealing with the proceeds of or assets used in criminal activity (wherever committed) and from dealing with any funds or assets of, or the provision of finance to, any person or entity involved (or suspected of involvement) in terrorism or any terrorist act.
You agree that:
a) we are not required to take any action or perform any obligation under or in connection with your account application if we are not satisfied as to your identity or if we suspect on reasonable grounds that by doing so, we may breach the AML/CTF guidelines;
b) we may delay, block or refuse to make any payment or to provide any service if we believe on reasonable grounds that to do so may breach any law, and we will incur no liability to you if we do so; and
c) we will not incur any liability to you for any loss you suffer (including consequential loss) however caused by reason of any action taken or not taken by us as contemplated in paragraph (a) or (b) above.
You agree to provide all information and documents to us that we reasonably require to comply with internal AML/CTF procedures. You agree that we may disclose information that you provide to us, or about transactions you have with us or which you seek to conduct with us, if we are required to do so by any applicable laws in any country.
You represent and warrant to us that the payment of money by us in accordance with your account registration, or any instructions given by you, will not breach laws in any country.
PRIVACY
Xenium may obtain information (including personal data) from the Client during the course of its relationship with the Client. This section describes some of the key issues in relation to how we process this personal data, which the Client should be aware of. Please note that this description is not comprehensive, and the Company’s Privacy Policy contains additional information. The Company’s Privacy Policy is available on our website at https://xenium.pro/ and should be read alongside this clause as it sets out types of personal data that Xenium collects about the Client and additional ways in which it safeguards and uses such personal data.
Xenium may:
collect, use and disclose the Client's information to assist it in relation to the internal administration and operations of Xenium Associated Companies and Group Entities;
disclose the Client's information to Governmental Authorities, credit reporting agencies, contractors or service providers and to other parties authorized and/or required by Applicable Regulations to collect the Client's information including, without limitation, to a service provider in connection with the provision of services to the Client;
collect and use the Client's information to maintain its relationship with the Client; and
use and disclose the Client's information for compliance and in accordance with Applicable Regulations.
The Client consents to Xenium disclosing or transferring the Client's information to any other jurisdiction in which Xenium representatives, Associated Companies, Group Entities, or service providers are located. Xenium will take appropriate measures to protect the security of the Client’s personal data and details of the companies and countries involved in processing the Client’s personal data will be provided upon request to Xenium Data Protection Officer.
The Client has the right, on payment of a reasonable fee, as determined by Xenium to receive a copy of the information it holds about the Client, to the extent that it constitutes the Client’s personal information. If the Client wishes to exercise this right, the Client should write to the Data Protection Officer.
If the Client would like to change or modify information previously provided to Xenium to remove information from its database or elect not to receive certain communications from us, the Client should do so by writing to the Data
Protection Officer.
Xenium is dedicated to protecting data and to promote compliance with rules set forth by, among others, the European Union.
This Agreement shall be supplemented by the General Data Protection Compliance form available on our website at https://xenium.pro/
ILLIGALITY
If any event occurs which has the effect of making or declaring it unlawful or impracticable for Xenium to offer or to maintain transactions to you in accordance with the terms outlined in these Terms & Conditions, Xenium may immediately terminate these terms by providing you written notice of that. A termination of these terms will also result in the closure of all ongoing deposits. Any such termination will not relieve you of any obligations you may have to Xenium in accordance with these terms prior to the termination.
For this clause, events include any change in law, regulation, treaty, order, official directive or ruling or in their interpretation or application by any governmental authority or agent, and the introduction, implementation, operation or taking effect of, any law, regulation, treaty, order or official directive or ruling.
INVESTMENT AND FINANCING
In order to open an account, you are required to complete an online registration form.
Clients who hold an active investment on the platform are distributed with a fixed rate return periodically and the actual return of which varies for each investment product. The return is calculated based on the face value of the invested amount.
Clients are not allowed to terminate an active investment ahead of time.
Xenium reserves the right to alter the investment terms of an investment product or suspend an investment product without prior notice.
Xenium will provide all clients, via the company’s website, with access to both daily and historical statements allowing you to check your open investments, account balances, and profits confirmations. Should you have any queries relating to your statements we encourage you to contact us.
We recommend that you consult your financial adviser or obtain other independent advice before proceeding with the products offered by Xenium. Xenium does not and will not give your personal financial advice.
CLIENT REPRESENTATION & WARRANTS
The Client represents and warrants to Xenium that each such representation and warranty is deemed repeated each time you open or close a contract by reference to the circumstances prevailing at such time, that:
• Delivery and execution by the Client of this Agreement, and performance of all of the Client’s obligations considered under this Agreement, does not violate any Law applicable to the Client.
• All information provided by the Client to Xenium is true, correct, and complete, and the Client will notify Xenium promptly of any changes to such information.
• That information nor the Client's conduct nor the conduct of anyone acting on its behalf in relation to the transactions contemplated by this Agreement, was or is misleading, by omission or otherwise.
• The Client shall make ongoing disclosure to Xenium of any matters that may affect the operation of this Agreement.
THIRD-PARTY SOFTWARE OR PLUGINS
The Client acknowledges and agrees, and will ensure that each Authorized User acknowledges and agrees, that:
Xenium is authorized to deduct fees from the Client Account, upon receipt by Xenium of confirmation that the Client has elected to subscribe to a particular third-party software or plugin.
The client is wholly responsible for managing the risks (including the risk of financial loss) associated with using third-party software or plugin.
Xenium is entitled to refuse to allow or terminate, refuse access or impose limitations on certain third-party software or plugins at any time, at its sole discretion.
The Client is aware of the risks associated with third-party software or plugins, all of which may result in substantial financial loss. Risks include: potentially misleading claims made by software vendors, software not compatible with Xenium’s Online Platform, and potentially being subject to fraudulent or other illegal activity by software vendors.
The Client will support Xenium by providing any requested documents if Xenium elects to investigate a third-party software or plugin vendor.
Xenium reserves the right in its absolute discretion to cancel, unwind, reinstate, closeout, repair, or take other action with respect to open or closed deposits where the Client is utilizing or has otherwise engaged third-party software or plugins, if in Xenium’s view, there has been an actual, suspected or potential breach of this Agreement, or Xenium believes acting in such a way is necessary to protect its own interests, or the interests of clients.
RATES & PAYOUTS
Rate indications from Xenium are available via the Online Platform(s). The Rate indication is not binding, and the Client agrees to accept the prices offered by Xenium when the Contract is executed.
PROCESSING DELAYS
Xenium will use all reasonable efforts to process the Client’s deposits and transactions on a timely basis. Nevertheless, Xenium shall not, in the absence of willful misconduct, be liable for damages, delays, failures or errors in the completion of the deposits and transactions order.
ONLINE PLATFORM(S)
If the Client uses Xenium’s online platform(s) the Client confirms and accepts the following:
All transactions must be completed using the logins and passwords assigned to the Client by Xenium and valid entry of the login and password will constitute authorization by the Client to complete the deposits specified irrespective of whether the password and login are entered by an Authorized User.
The Client can open a new deposit on the Online Platform(s) whenever.
The Client must ensure that the logins and passwords are kept confidential and secure. The Client must also ensure that each Authorized User to whom a login and password are provided, will keep them secure and confidential. The Client will advise Xenium instantly if the Client believes or has any reason to believe that the login and passwords assigned to the Client have not been kept secure and confidential.
The Client must safeguard and ensure that no unauthorized person is able to use the logins and passwords. As part of this obligation, the Client must ensure that each Authorized User closes out the Internet browser after using the Online Platform.
Xenium may at any time without notice to the Client suspend, withdraw, or deny access to the Online Platform(s) for any reason including but not limited to security, breach, quality of service, failure by the Client to pay an amount timely or breach by the Client of any obligation of this Agreement.
CIRCUMSTANCES BEYOND THE CONTROL OF XENIUM
If Xenium is unable to perform its obligations under this Agreement or a Contract because of any possible factors beyond Xenium’s control or because of a Force Majeure Event, Xenium will notify the Client as soon as is reasonably practicable and will use all reasonable endeavors to secure the return of any money paid by the Client in respect of which Xenium has been unable to discharge its obligations under this Agreement.
TERMINATION OF AGREEMENT
This Agreement may be terminated immediately by the Client or Xenium by Notice to the other in writing. However, termination by either party shall not affect any deposit or other transaction previously entered into and shall not relieve either party of any outstanding obligations arising out of this Agreement, nor shall it relieve the Client of any obligations arising out of any Contract entered into prior to such termination.
In the event that Xenium becomes aware of or has reason to believe any of the following:
• that the Client has provided false or misleading information to Xenium; or
• that the Client has participated or is participating or has assisted or is assisting in money laundering or terrorist financing; or
• that the Client is being officially investigated by law enforcement and/or regulatory agencies:
Then Xenium, at its sole discretion, may terminate this Agreement immediately by Notice to the Client, and Xenium shall be relieved of any obligations set out in this Agreement or arising out of the transactions contemplated by this Agreement, including any obligations arising out of any deposit already entered with Xenium.
Xenium strictly monitors all Client accounts. Any motive and or manipulation including but not limited to willful misconduct, fraud, attack, commission-laundering, or unusual transactions, Xenium without notice reserves the right to determine such situation at its discretion as “Invalid Transactions caused by Willful Misconducts or Unusual Transactions”, Xenium reserves the right to deduct any profit or interest generated from the deposits or transactions. Clients and agents of Xenium herein agree and acknowledge that upon the final determination made by Xenium after a detailed investigation of the account, Clients and agents are required to fully obey without any objection or determination by Xenium.
ADDITIONAL TERMS AND APPLICABLE LAW
These Terms & Conditions are subject to any mandatory requirements imposed by the law of your country of residence and shall be governed by the law in force in the United Kingdom and you submit to the non-exclusive jurisdiction of the courts of that place.
If any part of these Terms & Conditions is unlawful, void, or unenforceable under the law of any jurisdiction, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions under the law of that jurisdiction and the legality, validity or enforceability of that part under the law of any other jurisdiction will not in any way be affected.
The parties recognize electronic and magnetic recordings as evidence when settling disputable matters, in order to state any facts concerning the obligations for investment operations.
Without preventing any other method of service, any document in a court action may be served on a party by being delivered to or left at that party’s address for service of notices as notified to the other party from time to time.
DISPUTE RESOLUTION
The parties must use all their reasonable endeavors to resolve any dispute arising in connection with this Agreement or any transactions there under.
Xenium has an internal dispute resolution process in place to resolve any complaints or concerns you may have, quickly and fairly. Any complaints or concerns should be directed to the Complaints Officer e-mail at the e-mail address provided in the Xenium FSG.
Xenium will provide acknowledgment of receipt of written complaints within 3 business days and seek to resolve and respond to complaints within 30 business days of receipt. We will investigate your complaint, and provide you with our decision, and the reasons on which it is based, in writing.
If you are dissatisfied with the outcome, you have the right to engage legal counsel.
