Electronic Trading
User Agreement

You wish to obtain online access to the Refinitiv Software platform offered by Refinitiv US LLC (“Refinitiv”) and located at https://intercam-us.fx.com/client or such other Internet address as Refinitiv may designate from time to time (the “Platform”). The Platform will allow you to place electronic orders for Foreign Exchange Transactions (each, an “FX Order”) and access certain information and reports in connection with your Foreign Exchange Transactions with IntercamFX.

You acknowledge that Refinitiv is not affiliated with IntercamFX.  You further acknowledge that IntercamFX neither administers nor controls the Platform or its content.

All electronic communications, transmissions, instructions, information, processes, data, orders or other communications received through the Platform whether entered by you, an Authorized User, or another person, may be relied upon by IntercamFX as a valid and authentic communication from you and, where applicable, as authority to enter into Foreign Exchange Transactions with you. You acknowledge and agree that such electronic communication will be binding on you, shall constitute your electronic signature and will be given the same legal effect as a written and signed paper communication. 

You agree that such form of electronic communication is valid, and you will not contest the validity of the electronic records or any paper or electronic copies of such electronic records, absent proof of altered data or tampering. You must carefully review the FX Orders you submit through the Platform.  If you believe there is any discrepancy or inaccuracy in the information provided by the Platform regarding a Foreign Exchange Transaction, please contact a IntercamFX representative immediately. 

It is important to note that the use of the Platform is limited to placing FX Orders and it is your responsibility to provide IntercamFX with valid Instructions for delivery of such funds (refer to the Agreement for Foreign Exchange Transactions for further details on providing delivery Instructions). Should you fail to provide delivery Instructions, IntercamFX will accept the fulfillment of your Foreign Exchange Transaction on your behalf and hold such funds in accordance with the Agreement for Foreign Exchange Transactions.

Upon submission of an FX Order through the Platform, the Platform will display details of such FX Order. You acknowledge and agree that any such information displayed on the Platform does not mean that the FX Order was received, approved, or executed by us. All FX Orders submitted through the Platform are not considered received, approved, or executed until you receive an off-Platform Confirmation from us (via your preestablished preferred means of communication). Upon Confirmation, each Foreign Exchange Transaction creates important enforceable obligations under the Agreement for Foreign Exchange Transactions.

Any information provided to you through the Platform is our property or the property of Refinitiv and is provided only for your commercial use.  Your authorization to use the Platform is limited, non-exclusive, revocable, non-transferable, and non-sublicensable. You may only access and use the Platform in connection with your use of the services offered by us, and not on behalf of any third party. 

You receive no copyright, intellectual property rights or other rights in or to the information supplied through the Platform.  You may not remove any copyright or other notices.  You may not share or commercially exploit any information or reports received through the Platform.  You agree to comply with any request to preserve our or Refinitiv’s contractual, statutory and common law rights, including property rights, in the information and reports.  You are bound by, and agree to comply with, the various legends, disclaimers, terms and conditions and restrictions displayed on or linked to the Platform.  You further agree to comply with any additional restrictions or limitations on your usage that we communicate to you from time to time.

You are responsible for the equipment required to access and use the Platform.  You are responsible for all fees, costs and expenses associated with your access to and use of the Platform including, without limitation, costs associated with telecommunications equipment and modems, connectivity costs, and costs of any third-party software, equipment and any related maintenance services.  You will be solely responsible for any losses, damages or costs that you may incur as a result of errors made by, or the failure of, the software, equipment, or technology that you use or employ to access and use the Platform or to submit FX Orders through the Platform.

IntercamFX shall, during the term of this Agreement, provide you with support with respect to software programs we provide to you, as applicable, that may facilitate or enhance access to or use of the Platform. To the extent support is needed with respect to the Platform, we will use commercially reasonable efforts to work with Refinitiv to provide support, which may be subject to additional fees.

You may access the Platform only through one or more passwords or other access methods that we or Refinitiv specify (collectively, the “Access Methods”). You are solely responsible for ensuring that your Access Methods are known to and used by Authorized Users, or any other persons you designate to use the Platform on your behalf from time to time. You may not sell, lease, or provide, directly or indirectly, the Platform, the Access Methods, or the services contemplated herein or any portion of the services to any third party. In our discretion, we may terminate, revoke, suspend, modify, or change any or all of your Access Methods at any time with or without prior notice to you.

You acknowledge, agree, and warrant that you: (a) are solely responsible for all acts or omissions of your or your Authorized User’s use of the Platform through your Access Methods, including any unauthorized usage, and compliance with this Agreement; (b) will immediately terminate any offending party’s access to the Platform if you become aware of any violations and notify us; and (c) will keep all Access Methods secure and immediately notify us if your Access Methods have been lost, stolen or compromised.

We will use commercially reasonable precautions to maintain the confidentiality of information you provide and we receive through the Platform; but we make no assurance that any Internet communication will remain confidential.

Neither we nor Refinitiv have any obligation to accept, or to execute or cancel, all or any part of an FX Order that you seek to initiate or cancel through the Platform. Without limiting the foregoing, we have no responsibility for FX Orders that are inaccurate or not received by us, and may execute any FX Order actually received by us. We may elect to review your FX Order manually before it is executed.  Such manual review may result in a delay in execution and a difference between the execution price and the displayed quote at the time the FX Order was entered, which will be reflected in the Confirmation. We also are under no obligation to report to you any known or suspected errors in your FX Orders. Once you submit an FX Order, you may not be able to cancel or modify the FX Order before execution, and any attempt to modify or replace entered instructions may result in duplicate transactions for which you will be responsible.

You may elect to submit an FX Order for execution subject to a limit or specific exchange rate and for an effective period (“Limit FX Order”). If you do not specify an effective period, the Limit FX Order will remain active until cancelled by you.  IntercamFX makes no warranty, express or implied, that Limit FX Orders will be executed even if there is a market transaction at such specified exchange rate. You are solely responsible for monitoring the status of your Limit FX Orders on the Platform.

For each Foreign Exchange Transaction placed through the Platform, you may be charged a different commission or markup/markdown than would have been charged had the transaction not been placed through the Platform.

You may receive an electronic acknowledgement of the status of each transaction executed through the Platform in addition to our Confirmation.  If there is a conflict between the electronic acknowledgement and our Confirmation, the terms of our Confirmation will control.

Use of the Platform includes the ability to place FX Orders for execution outside of regular business hours, which can be found on our website. If FX Orders are placed outside of regular business hours, we reserve the right to accept and execute the FX Order on the next Business Day.

Nothing in this Agreement should be construed as obligating us to permit you to access the Platform or use the Platform in connection with our services.  We reserve the right, in our sole and absolute discretion and at any time without notice to you, to deny, discontinue, limit, restrict, or suspend, in whole or in part, your use of the Platform. Partial limitations may include, without limitation, restrictions on the number of transactions, the types of transactions, and/or the dollar amount of the transactions on an individual or aggregate basis, either daily, weekly or otherwise. You must monitor your Platform access and any electronic communications to determine whether any FX Orders submitted were executed or rejected by us.

You represent and warrant to us that your use of the Platform will comply with all applicable laws, rules and regulations and the policies and procedures applicable to the Platform either communicated to you by Refinitiv through the Platform or as provided herein and any other agreement between you and us, as may be amended from time to time. You further represent and warrant, as applicable, that: (i) you have full authority to sign this Agreement; (ii) will only use the Platform in connection with your commercial business, and not on behalf of a third party, and you will not use, access or directly link to the Platform, or any other software we provide, other than as part of and solely in connection with your use of our services; and (iii) the Authorized Users designated under the Customer Agreement have:

1. authority to access and use the Platform and initiate Foreign Exchange Transactions on your behalf; and
2. have read and understood the terms of the  Customer Agreement.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE HAVE MADE NO RECOMMENDATION WITH RESPECT TO THE PLATFORM, THE RELATED SERVICES, OR ANY FOREIGN EXCHANGE TRANSACTION.  THE PLATFORM AND YOUR ACCESS TO THE PLATFORM ARE PROVIDED ON AN “AS IS/AS AVAILABLE” BASIS AT YOUR SOLE RISK WITHOUT ANY WARRANTIES EXCEPT AS REQUIRED BY LAW. WE EXPRESSLY DISCLAIM AND EXCLUDE ALL REPRESENTATION AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, CORRECTNESS, QUALITY,  RELIABILITY, LOSS OR CORRUPTION OF DATA, CONTINUITY, OR ABSENCE OF DEFECT PERFORMANCE, TIMELINESS, CONTINUED AVAILABILITY OR OTHERWISE RELATING TO THE PLATFORM OR THE RESULTS OF THE SAME. WE ARE NOT RESPONSIBLE FOR MAINTAINING THE PLATFORM OR FOR SUPPLYING ANY CORRECTIONS, UPDATES OR RELEASES CONCERNING THE PLATFORM.

This Agreement is effective as of the first date listed below and will continue in effect until: (a) terminated by IntercamFX at any time upon written notice to you; or (b) you terminate this Agreement by providing IntercamFX not less than 30 days’ prior written notice. Sections 5, 17, 18, 19, and 26 of this Agreement shall survive the termination of this Agreement.

You agree to immediately cease and desist the use of the Platform upon our request and immediately remove or procure the removal of any software programs we provide that may be used to access and use the Platform. The early termination of this Agreement does not affect the validity or enforceability of: (i) Confirmations received or Foreign Exchange Transactions that are pending settlement prior to such termination; and (ii) the Agreement for Foreign Exchange Transactions.

This Agreement contains the entire agreement of the parties with respect to its subject matter and supersedes all existing and all other oral, written or other communications between the parties concerning this subject matter.

We may change this Agreement at any time after providing notice to you (including by posting notice of the changes to our website). Continued use of the Platform after such notice will constitute your acceptance of the revised agreement.

You may not assign this Agreement nor any rights, duties, or obligations hereunder without first obtaining our prior written consent, which consent may be refused at our sole and absolute discretion. When assigned in accordance with the terms hereof, this Agreement shall inure to the benefit of and will be binding on your assignees or successors in interest.

If any provision of this Agreement (or any portion thereof) is invalid, illegal or unenforceable, the validity, legality or enforceability of the remainder of this Agreement will not be affected or impaired.

Section 27 (Governing Law and Venue) of the Agreement for Foreign Exchange Transactions is hereby incorporated by reference into this Agreement.