1. Definitions
In these Terms and Conditions, unless the context otherwise requires:
- "XA Markets", "we", "us", "our" refers to XA Markets Ltd, registered in the Union of Comoros (Reg. No. HY00823026).
- "Client", "you", "your" refers to any individual or legal entity that opens or holds a trading account with XA Markets.
- "Agreement" means these Terms and Conditions together with any supplementary documents, schedules, and policies referenced herein.
- "Platform" refers to the MetaTrader 5 (MT5) trading platform and any other software made available by XA Markets.
- "Instrument" refers to any CFD, Forex pair, commodity, index, or other financial instrument available for trading via the Platform.
- "Trade" means a buy or sell transaction executed on an Instrument.
- "Margin" means the collateral required to open and maintain a leveraged position.
- "Working Day" means a day on which banks in the Comoros Union are open for business, excluding public holidays and weekends.
2. Agreement to Terms
By registering for an account, accessing the Platform, or using any of our services, you confirm that:
- You have read, understood, and agree to be bound by these Terms and Conditions.
- You have read the Risk Disclosure Statement and understand the risks involved in trading.
- You have read the Privacy Policy and consent to the processing of your personal data as described therein.
- You are not a resident of any jurisdiction in which trading in financial instruments is prohibited or restricted.
If you do not agree to these Terms and Conditions, you must immediately cease using our services and close your account.
3. Eligibility
To open a trading account with XA Markets, you must:
- Be at least 18 years of age (or the age of majority in your jurisdiction, if higher).
- Have full legal capacity to enter into binding agreements.
- Not be a resident of a jurisdiction where our services are prohibited (including but not limited to the USA, Canada, North Korea, Iran, and other OFAC-sanctioned territories).
- Not be subject to any regulatory bar, court order, or sanction that restricts your ability to trade financial instruments.
- Represent that all information provided in your application is true, accurate, and complete.
XA Markets reserves the right to refuse any application at its sole discretion, without providing reasons.
4. Account Opening & KYC
4.1 Application
To open a trading account, you must complete our online application form and provide all required documentation. Your account will not be activated until we have completed our Know Your Customer (KYC) and Anti-Money Laundering (AML) checks.
4.2 Verification Documents
We require the following documents for verification:
- Proof of identity: Government-issued photo ID (passport, national ID card, or driver's licence).
- Proof of address: A recent utility bill, bank statement, or official government letter (dated within the last 3 months).
- Additional documentation may be requested at any time as part of ongoing AML monitoring.
4.3 Account Security
You are solely responsible for maintaining the confidentiality of your login credentials. You must notify us immediately if you suspect unauthorised access to your account. XA Markets will not be liable for any losses resulting from your failure to maintain the security of your credentials.
4.4 Single Account Restriction
Each individual client is permitted to hold one live trading account per account type, unless otherwise agreed in writing. We reserve the right to merge or close duplicate accounts.
5. Trading Terms
5.1 Nature of CFD Trading
XA Markets offers CFD (Contract for Difference) trading. CFDs are derivative instruments that allow you to speculate on the price movement of an underlying asset without owning the asset itself. You will never take physical delivery of any underlying asset.
5.2 Order Types
The Platform supports market orders, limit orders, stop orders, stop-loss orders, and take-profit orders. The availability of specific order types may vary by instrument and market conditions.
5.3 Execution Policy
XA Markets operates on a Straight-Through Processing (STP) basis and endeavours to provide best execution for client orders. All trades are executed at market prices at the time of execution, subject to available liquidity. We do not guarantee that all orders will be executed at the requested price.
5.4 Leverage & Margin
Leverage and margin requirements vary by instrument and client classification (retail or professional). Current leverage levels are displayed in your client portal and are subject to change at XA Markets' discretion with reasonable notice. You are responsible for monitoring your margin level at all times.
5.5 Slippage
Due to fast-moving markets, orders may be executed at a price different from the requested price (positive or negative slippage). XA Markets may pass on slippage in either direction.
6. Orders & Execution
By submitting a trade or order, you authorise XA Markets to execute the transaction on your behalf in accordance with these Terms. XA Markets reserves the right to decline or cancel any order at its discretion, including where:
- Insufficient margin is available to support the position.
- The order is placed outside of trading hours for the relevant instrument.
- There is a suspicion of market abuse or fraudulent activity.
- A technical error has occurred that affects pricing or execution.
- The order would result in exposure beyond accepted risk limits.
XA Markets may requote orders during periods of high volatility. You will be notified of the requote and given the option to accept or reject the new price.
7. Fees & Charges
7.1 Spreads
XA Markets earns revenue through the spread (the difference between the bid and ask price). Current spreads are displayed on the Platform and on our website. Spreads may widen during periods of low liquidity or high volatility.
7.2 Overnight Swap Rates
Positions held overnight are subject to overnight financing charges or credits (swap rates). Swap rates are based on inter-bank lending rates adjusted for the relevant currency pair or instrument. Current rates are available on the Platform and may change daily.
7.3 Deposit & Withdrawal Fees
XA Markets does not charge fees for standard deposits. Withdrawals are processed free of charge. However, third-party payment providers may apply their own fees. XA Markets is not responsible for fees charged by third parties.
7.4 Inactivity Fees
An inactivity fee may be applied to dormant accounts (accounts with no trading activity for more than 90 consecutive days). The current inactivity fee schedule is available on our website. You will be notified in advance before any inactivity fee is charged.
8. Deposits & Withdrawals
8.1 Deposits
Deposits must be made from a payment method registered in your name. XA Markets does not accept third-party deposits. Deposits are credited to your account as soon as they are confirmed by the payment processor, which may take up to 1β3 working days depending on the payment method.
8.2 Withdrawals
You may request a withdrawal at any time, subject to the following conditions:
- Your account must be fully verified (KYC complete).
- Withdrawals must be made to the same payment method used for the original deposit (return of funds policy).
- Sufficient free margin must be available after the withdrawal.
- Withdrawal requests are typically processed within 1β3 working days.
8.3 Currency Conversion
If a withdrawal is made in a currency different from your account base currency, XA Markets will apply the prevailing market exchange rate at the time of processing. Currency conversion costs may apply.
9. Client Funds
XA Markets holds client funds in segregated accounts, separate from company funds, with reputable banking institutions. This means client funds cannot be used for operational or business expenses.
XA Markets is not a banking institution. Client funds are not covered by a government-backed deposit protection scheme unless explicitly stated for a specific jurisdiction.
In the event of XA Markets' insolvency, client funds held in segregated accounts would be ring-fenced and available for return to clients. However, recovery cannot be guaranteed in full in all circumstances.
10. Limitation of Liability
To the fullest extent permitted by applicable law:
- XA Markets shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our services.
- XA Markets shall not be liable for losses caused by circumstances beyond our reasonable control, including but not limited to market movements, internet failures, power outages, regulatory changes, or force majeure events.
- XA Markets' total liability to you for any claim shall not exceed the amount of funds held in your account at the time of the claim.
- XA Markets shall not be liable for any losses arising from your failure to follow our risk management recommendations or from the use of automated trading systems (Expert Advisors).
Nothing in this clause shall limit XA Markets' liability for fraud, gross negligence, or wilful misconduct.
11. Intellectual Property
All intellectual property rights in the Platform, website, software, content, brand materials, and documentation are owned by or licensed to XA Markets. You are granted a limited, non-exclusive, non-transferable licence to use the Platform solely for the purpose of accessing your trading account.
You may not copy, reproduce, distribute, modify, create derivative works from, or commercially exploit any content or software without our prior written consent.
12. Termination
12.1 Termination by You
You may close your account at any time by submitting a written request to support@xamarkets.com. Closure will be processed once all open positions have been closed and all outstanding amounts have been settled.
12.2 Termination by XA Markets
XA Markets reserves the right to suspend or terminate your account with immediate effect in the following circumstances:
- Breach of these Terms and Conditions.
- Provision of false or misleading information during registration or KYC.
- Suspected involvement in fraud, money laundering, or other illegal activities.
- Abusive conduct towards XA Markets staff.
- Court order or regulatory direction.
- Insolvency or bankruptcy of the client.
Upon termination, any outstanding balance (after deducting open position losses and fees) will be returned to you in accordance with our withdrawal procedures.
13. Complaints
XA Markets takes all complaints seriously. If you have a complaint:
- Step 1: Contact our support team at support@xamarkets.com or by phone. We aim to resolve most issues within 24β48 hours.
- Step 2: If your complaint is not resolved, submit a formal written complaint to complaints@xamarkets.com. We will acknowledge receipt within 5 Working Days and provide a final response within 28 Working Days.
- Step 3: If you remain dissatisfied, you may refer your complaint to the relevant regulatory authority in your jurisdiction.
14. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Union of Comoros. Any dispute arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of the Comoros Union, without prejudice to any mandatory consumer protection provisions applicable in your home jurisdiction.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
15. Changes to Terms
XA Markets reserves the right to amend these Terms and Conditions at any time. We will provide reasonable notice of material changes by email and/or by posting the updated Terms on our website. Continued use of our services after the effective date of any change constitutes your acceptance of the revised Terms.
If you do not agree with any changes, you must notify us and cease use of our services before the effective date of the changes.
16. Contact
For any queries related to these Terms and Conditions, please contact us:
Headquarters
XA Markets Ltd
Bonovo Road, Fomboni,
Island of MohΓ©li, Comoros Union
Reg. No. HY00823026
Regional Office
4th Floor, Docks 4,
The Docks, Caudan,
Port Louis, Mauritius