General Terms and Conditions
BrokerFlat LLC
For the business relationship and legal relationship between BrokerFlat LLC (hereinafter BrokerFlat/BF/we/us/our) and the user of our website and services (hereinafter user) exclusively these General Terms and Conditions (GTC) apply. The GTC are already and all the time available to the user for reading, printing and saving from beginning of entering our website and before using our services. Accordingly, these GTC are deemed to be agreed and valid from the outset. In case of doubt, the English version of our documents is authoritative for legal relationships with BF.
Service
We provide freely available information about financial service providers, such as brokers, and other service providers in the financial industry (hereinafter referred to as partners) at www.brokerflat.com as well as online and offline presentations and communication channels in connection therewith. In return, we may receive payments from our partners from which we finance benefits for our users.
By using services of BF it can be financially cheaper to do business with one of our partners than if the user concludes this business with the relevant partner without using our service.
Under no circumstances shall a financial service or any other service requiring permission or regulation be deemed to be the object of our services.
All claims of the user against us from this contractual relationship are agreed solely as consideration for the provision of the user data for the provision of our intermediation and marketing services for our partners. In particular, the financial decisions are made by the user on his own responsibility and independent of the legal relationship with BF.
The user acknowledges that the use and unrestricted functionality of cookies, tracking, online visitor traffic analysis and similar methods may be fundamental to the provision of our services.
Contractual Relation
In order to be able to use our services and the possible benefits from it, a registration can be a prerequisite. But it is also possible to receive benefits without registration. Both creates a contract between the user and BF. For this purpose of registration, the user must submit an application for registration by entering the required data in the registration form together with the acceptance of these GTC.
The registration further presupposes that the user truthfully transmits the data requested in the registration form and is an unrestrictedly contractually capable natural person over 18 years of age.
There is no legal claim to registration. BF is entitled to refuse applications or other offers to conclude a contract without giving reasons.
Benefits
Benefits (may also called Deal) are the financial benefits that a user can obtain through qualified business activities with our partners. The exact description of this qualified activity and other requirements can be found on the relevant BF website or in our own marketing communications relating to the benefit.
The starting point for a benefit is regularly, but not always, that the user becomes a new customer of the partner and/or makes use of the services of the partner.
It is always a prerequisite that the user is assigned to us by the partner. BF does not take over any guarantee and warranty for the acknowledgment of the fulfillment of conditions for a Benefit by the partner.
Upon termination of a partnership between BF and partners, the associated Benefits shall cease to be valid.
Benefit Value
The financial value of a benefit from a Deal (deal value) results from the respective current description of the benefit/Deal at BF. This description can have an estimating, exemplary, descriptive or variable character with reference to the partner's circumstances.
The calculation basis for the benefit is derived from the respective current description of the Benefit in BF. BF can change the amount of the deal value at any time with correspondingly accessible information.
Payments
The financial benefit of a Deal can have a direct impact by at the partner or paid directly by the partner to the user. Otherwise, the BF user may receive from us the financial benefit from the Deal. For payments from BF to a user, the user must first complete and verify personal details in the user area.
The user must choose from a selection of payout options provided by us and submit a complete and correct payout request. There may be a previously displayed minimum withdrawal amount.
If all requirements for a withdrawal claim are met, the payment is due at the end of the following month.
Settlements to credit balances and payments to users by BF themselves are without complaint after 4 weeks considered approved.
Costs
Neither the usership and the registration or our services in relation to the Deals generate costs in relation of us to the user. BF does not charge its users any costs in the normal course of business. Exceptions are payments of BF. According to our information during the payout process, there is a fee for this. BF is entitled to charge its own costs for the processing and execution of settlements and payments.
Users
The user assures BF to truthfully and completely provide all data necessary for using our service and/or for registration and to inform us immediately of any changes. BF reserves the right to legitimize a registration in the form of an official and valid ID.
Irrespective of other legal regulations, BF is entitled to refuse the provision of its services to the user in whole or in part in the event of the provision of false data, abusive action or illegal actions by the user.
The user is obliged to keep the access data and passwords secret and to prevent unauthorized use. The user is solely liable for any misuse for which he is responsible.
For legal relations between user and partner only the legal regulations of the partners are authoritative. BF is never a contracting party from the legal relationship between user and partner.
Termination
BF is entitled to terminate the contractual relation with immediate effect for significant cause. An important reason exists in particular if the user provides false data or in case of misuse or suspicion of illegal actions by the user.
The user is entitled to terminate the contract at any time without giving reasons. The contractual relation can be terminated by both sides with a period of notice of 4 weeks. The notice is to be addressed in text form to an official e-mail address of BF.
Affiliates
Every user has the possibility, but not the claim, as an affiliate to recruit new users for BF and to earn a share of our income concerning the recruited users. For this purpose, individual referrer links with cookie connection and affiliate IDs are provided in the user area.
Rights and Obligations of Affiliates
The Affiliate is not a representative, trading partner, agent, employee or freelancer of BF and will not act on our behalf. This contract does not create any employment or commercial relationship beyond the agreement of marketing services.
The affiliate is obliged to:
- Refrain from any competition towards BF or to promote foreign competition
- Comply with all legal regulations and laws in connection with his activity
- Inform us immediately as soon as he becomes aware of any legal violations
- Inform each potential user of the relationship between the affiliate and BF
- Inform BF immediately of any complaints and/or disputes
- Pay a reasonable contractual penalty for breach of agreements
The affiliate assures:
- That he has the necessary official permits and approvals
- That he will not engage in any activities other than referring prospectives without consent
- Not to make any statements to potential users on behalf of BF
- Not to use the name or logo of BF without prior consent
- Not to send spam or advertise in an excessive manner
BF pays the affiliate a success-based marketing budget of 20% of net remunerations accrued and actually paid by partners for each user referred by the affiliate, unless otherwise agreed.
Terms of Use and Liability
For the access of users to the website or services of BF, the use and liability terms listed here apply. If users do not accept these terms, they are not allowed to access the website and use the services furthermore.
Local/Personal Restrictions
Neither the website/services nor the information contained therein are addressed to or intended for users in countries or jurisdictions, in which such publication is forbidden or unlawful.
Content and Information
The content of the website and our services have no regard to the specific investment objectives, financial situation or particular needs of any specific recipient. No representation or warranty is provided in relation to the accuracy, completeness or reliability of the content. The content should not be regarded by users as a substitute for the exercise of their own judgment.
No Warranty and Liability
The use of the website and services is at the own risk of the user. The information is provided as is and as available. BF makes no representations or warranties of any kind, either express or implied.
To the fullest extent permitted by law, in no event shall BF or any of its representatives have any liability whatsoever to any person for any direct or indirect loss, liability, cost, claim, expense or damage of any kind.
Force Majeure
BF is not liable for damages caused by force majeure, riots, war and natural disasters or by other events for which BF is not responsible.
Links and Commission Note
Our websites/services may contain third party content or links to third party websites. BF has no control over, does not assume any responsibility for and does not make any warranties as to any third party content or websites.
Certain links may be used to allow BF to receive compensation/commissions by third parties.
Intellectual Property Rights, Copyrights
BF, or the applicable third party owner, retains all right, title and interest in all information and content on the website. Individual pages may be printed for personal use only.
Risk Note
CFDs are complex instruments and come with a high risk of losing money rapidly due to leverage. You should consider whether you understand how CFDs work and whether you can afford to take the high risk of losing your money.
Trading financial instruments carries a high level of risk and may not be suitable for all investors. Before deciding to trade any financial instrument you should carefully consider your investment objectives, level of experience and risk appetite. Only invest with money you can afford to lose. If necessary, you should seek independent advice.
Amendment of these GTC
BF is entitled to change these GTC with effect for the future at any time without giving reasons. If the user does not object to the changes within 4 weeks from receipt of the change notification, the GTC apply in the new version.
Place of Jurisdiction
Unless otherwise stipulated by law, all disputes arising from or in connection with these GTC are subject to the exclusive jurisdiction of the courts at the registered office of BrokerFlat LLC.
