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MessagePosté: 01 Sep 2017, 09:04 
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Bonjour aux spécialistes du trading social
Je me pose des questions simples, auxquelles je ne trouve pas de réponse.
1/ Darwinex (ou autre) est-il légal en France ?
Car il fait une promotion indirecte des Cfd.
Car je n’ai pas le droit de gérer le compte d’un tiers, mais en passant par Darwinex (par exemple) je peux gérer des comptes.
Car en tant que particulier je suis hyper protégé dans le cadre de mes investissements mais avec Darwinex je peux investir sur un pseudo avec juste un filtre, ou des filtres, de volatilité, taille, etc...
2/ Quelle est la “faille” que Darwinex utilise ?
3/ Puis créé un mini Darwinex ?
4/ La régulation FCA prévoit-elle ces cas de figure (trading social poussé) à la base.
En résumé Darwinex évite la lourdeur de la régulation française mais contourne aussi la protection de l’investisseur en France.
Ce n’est pas une critique car nous sommes sur un site d’avertis, mais je cherche à comprendre le comment du pourquoi de la légalité.
Merci


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MessagePosté: 01 Sep 2017, 09:27 
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J'avais copié ce long texte qui apparaît lors de l'AUTORISATION de créer un darwin. Car nul est obligé de créer un darwin AAA et peux garder son compte "stratégie" isolé voir caché de tous. Il faut donc déjà distinguer Darwiner Broker (nos stratégies perso) de Darwinex Manager (leurs darwins AAA) en quelque sorte.


Darwinex
Terms & Conditions:
DARWIN Provider Program
Terms & Conditions
The terms and conditions contained herein shall govern the DARWIN Provider Program and the relationship between the Company and the DARWIN Provider (the “Terms & Conditions”).
By participating in the DARWIN Provider Program, the DARWIN Provider agrees to be bound by the DARWIN Provider Program Terms & Conditions as may be amended from time to time.
The Company reserves the right, at its sole discretion, to revise, modify, change or remove portions of these Terms & Conditions at any time. The Company shall notify the DARWIN Provider of any amendment introduced to these Terms & Conditions.
Should the DARWIN Provider not agree to such Terms and Conditions and/or any amendment thereto, then he should refrain from participating in, using, or accessing the DARWIN Provider Program. The Referrer’s participation in the DARWIN Provider Program, after the Company has published on its website(s) any revised and/or amended form of these Terms & Conditions, shall constitute the DARWIN Provider’s consent to the revised and/or amended Terms & Conditions.
The Company reserves the right, under its sole and absolute discretion, to reject the participation of any entity or person on the DARWIN Provider Program, including in the event that such entity is a person under the age of 18 or is defined as minor that has not yet reached legal age.
The Company may elect to provide the DARWIN Provider with these Terms & Conditions and/or any other documentation, information and communications in various languages. By accepting these Terms & Conditions (in any of these languages) the DARWIN Provider acknowledges and confirms that the Company’s official language is the English language, and in the event of any discrepancy or inconsistency between any documentation, information and communications in any language other than the English language and the same in the English language, the English documentation, information and communications shall exclusively prevail.
1. Definitions and interpretation
Unless expressly stated otherwise, capitalised terms in these Terms & Conditions shall have the meaning ascribed to them in these Terms & Conditions and/or in the Client Agreement previously entered into by the Company and the DARWIN Provider.
2.Background
2.1 The Company is authorised and regulated for the conduct of investment business by the Financial Conduct Authority of 25 The North Colonnade, Canary Wharf, London, E14 5HS (the “FCA”). Tradeslide Trading Tech Limited is listed in the Financial Services Register under Firm Registration Number 586466.
2.2 The Company provides Internet based services, including (i) brokerage, (ii) software, (iii) investment and (iv) ancillary services at www.darwinex.com (the “Company’s Website”) under the commercial name Darwinex.
2.3 The Company has proprietary algorithms to analyse and rate trading strategies.
2.4 Based on the results provided by its proprietary algorithms, the Company offers investment management services that allow investors to allocate funds to one or more “Dynamic Asset & Risk Weighted Investments” (“DARWINs”) offered by the Company as an investment product customized to a monthly 20 % Value at Risk level.
2.5 DARWINs offered by the Company are informed by the trading decisions of Clients who have expressly accepted to be bound by the DARWIN Provider Program Terms & Conditions (the “DARWIN Providers”). Such trading decisions are processed through the Company’s proprietary software in order to meet the risk level mentioned above.
2.6 The DARWIN Provider has opened one or more real Trading Account(s) (as defined on the Trader Client Agreement) and is willing to license the Company to use the intellectual property behind the DARWIN Provider’s Trading Account(s) pursuant to the terms and conditions set forth herein.
3.Scope of the DARWIN Provider Program’s T&C
In consideration of the mutual promises herein contained and other good and valuable consideration, the receipt of which the Parties hereby acknowledge, by accepting these Terms & Conditions, (i) the DARWIN Provider allows the Company to process the information in the DARWIN Provider’s Trading Account(s) for the purpose of, among others, informing one or more DARWIN(s) to be offered to the investors who sign up at www.darwinex.com and (ii) the Company agrees to reward the DARWIN Provider based on the net revenues made by the Company through the DARWIN(s) informed by the DARWIN Provider’s trading strategy or strategies.
4. Trading Account
4.1 The DARWIN Provider acknowledges and consents the Company to monitor the DARWIN Provider’s trading performance in the Trading Account(s). For the duration of the DARWIN Provider’s participation in the DARWIN Provider Program, the DARWIN Provider will provide the Company upon request with information which the Company reasonably believes is relevant for evaluating whether to retain the Client as a DARWIN Provider.
4.2 The DARWIN Provider agrees and acknowledges that the Company’s execution of these Terms & Conditions and/or the fact that the DARWIN Provider has opened a real Trading Account with the Company does not constitute a binding offer or commitment to retain the Client as a DARWIN Provider whatsoever.
5.Services
5.1 In addition to the rights granted in Section 10 below, the DARWIN Provider hereby grants the Company the irrevocable right to monitor the DARWIN Provider’s activity and performance results in the Trading Account, in such manner as the Company determines appropriate to provide its services or fulfill its obligations under these Terms & Conditions.
5.2 Upon acceptance of these Terms & Conditions, the DARWIN Provider is eligible for participation in DarwinIA, the trading challenge by virtue of which Darwinex rewards those DARWIN Providers who achieve better results as per Darwinex’s own evaluation criteria. The DARWIN Provider’s participation in DarwinIA is subject to the conditions set forth herein.
5.3 The terms “Trades”, “Signals” and “Trade Signals” are used interchangeably in these Terms & Conditions and mean the data comprising the DARWIN Provider’s orders (including any modifications or cancellations of orders) and reports of any buy or sell executions in the Trading Account.
6.Compensation
Subject to the DARWIN Provider’s fulfillment of its obligations under these Terms & Conditions, the DARWIN Provider shall be entitled to receive during its participation in the DARWIN Provider Program, the compensation set forth on Schedule I to these Terms & Conditions and on the DarwinIA T&C.
7. Relationship with investors
7.1 The DARWIN Provider acknowledges that he will not be allocated any investor funds to manage directly. Furthermore, the Company will not disclose to the DARWIN Provider the names or any other personal details of any investors who have invested in a DARWIN that is informed by the information on the DARWIN Provider’s Trading Account(s).
7.2 The DARWIN Provider understands and acknowledges that the investors will not copy or mirror-trade the DARWIN Provider’s trading strategy, nor will they invest directly in such strategy, but in a financial asset (DARWIN) created by the Company (based on the information contained in the DARWIN Provider’s Trading Account, among other sources) to meet each investor’s risk profile.
7.3 Moreover, the DARWIN Provider understands and acknowledges that the investors and the Company itself will control DARWIN investments, including the flexibility to select and change at any time which DARWIN to invest in, and the amount of funds to allocate to any particular DARWIN and other control parameters made available by the Company to investors for them customize their investment. The DARWIN Provider will not assist or direct any investor in making investment decisions. The DARWIN Provider is not entitled to receive any information on the terms on which an investor has designed his/her investment.
8. Marketing
8.1 The DARWIN Provider agrees and acknowledges that the Company is responsible for controlling any marketing of the DARWIN Provider program and any solicitation of customers for the DARWIN Provider program. The DARWIN Provider further agrees and acknowledges that the Company may use, display and disseminate the DARWIN Provider’s username and the DARWIN Provider’s trading performance results for the Trading Account(s) (and/or for the DARWINs based on the DARWIN Provider’s trading strategies) in any marketing or solicitation materials, in any trading advisor or account manager disclosure document that the Company may prepare (including any update or supplement thereto) (the “Disclosure Document”) and to investors and customers. The Company may refer to the Trader as a DARWIN Provider, signal Provider or use similar descriptive terms to describe the DARWIN Provider in any such materials.
8.2 In the event that the DARWIN Provider engages in any marketing of the DARWIN Provider Program or his own DARWINs to any third parties, including without limitation to any Darwinex members, he shall do so solely in such a manner that may not affect adversely the high image, credibility or reputation of the Company and/or the Company’s Services.
For the avoidance of doubt, the DARWIN Provider agrees to carry out any marketing activities related to the Company and / or the Company’s services in compliance with all applicable laws and regulations and to promote such services in accordance with the FCA’s guidelines on financial promotions and adverts (https://www.the-fca.org.uk/financial-pr ... nd-adverts) and the FCA’s approach for financial promotions in social media (https://www.fca.org.uk/news/fca-confirm ... cial-media).
9.Trading Account management
No one other than the DARWIN Provider may place orders for, trade in or otherwise use the DARWIN Provider’s Trading Account. In the event the DARWIN Provider uses any automated computer trading algorithm to trade in the Trading Account, the DARWIN Provider represents and warrants that the DARWIN Provider owns all right, title and interest in and to any such automated computer trading algorithm or has a valid license to use such automated computer trading algorithm as contemplated by these Terms & Conditions. Any violation of this Section 9 constitutes a material breach of the Terms & Conditions.
10. Grant of Rights
10.1 In exchange for the compensation set forth in Schedule I and subject to the limitations set forth in these Terms & Conditions, the DARWIN Provider hereby grants to the Company a license to process, use, disclose, reproduce, prepare derivate works from, distribute, rebroadcast, disseminate and display in any manner and for any purpose the trade signals provided hereunder, including the data comprising such trade signals, the DARWIN Provider’s username and gains and losses on transactions in the Trading Account.
10.2 The Company may designate a third party to perform any of the foregoing activities on its behalf and such activities shall be deemed to be included within the scope of the foregoing license.
10.3 For the avoidance of doubt, the license granted in Section 10.1 above does not allow the Company to, directly or indirectly, rebroadcast on a real-time basis or within twenty-four (24) hours of such signal’s original generation to any third party.
10.4 In addition, the Company undertakes not to reverse engineer the DARWIN Provider’s trading strategy or trading algorithm (if applicable).
11.Term and Termination
11.1 The relationship between the Company and the DARWIN Provider under these Terms & Conditions shall remain in effect until terminated by either Party as set forth in this Section 11.
11.2 Either Party may terminate this relationship for any reason upon five (5) Business Days notice to the other Party.
11.3 In the event of termination of this relationship other than termination by the Company due to a breach of the Terms & Conditions by the DARWIN Provider, the DARWIN Provider shall be entitled to receive the compensation specified in Schedule 1 pro rated through the date of termination, and the Company thereafter will be discharged and released from any further obligations under these Terms & Conditions. In addition, the DARWIN Provider’s obligations under Sections 10 and 14 through 23 shall survive termination of the Term and this Terms & Conditions.
12.Suspension
The Company may suspend the Client’s participation as a DARWIN Provider in Darwinex any time at its sole discretion. During any period of suspension, absent either Party providing notice of termination of this relationship pursuant to Section 11, the Client will continue to trade the Trading Account(s). The Company will monitor and evaluate the Client’s trading activity during the suspension period and will notify the Client in writing if the Company decides to lift the suspension and readmit the Client as a DARWIN Provider, as applicable.
13.Regulatory Licenses and Regulatory Cooperation
13.1 Each Party shall ensure that it complies with all statutes and all rules and regulations of applicable governmental authorities and self-regulatory authorities, as in effect from time to time, applicable to such Party with respect to the subject matter of these Terms & Conditions. The DARWIN Provider further represents and shall ensure that his/her performance under these Terms & Conditions does not and shall not breach any agreement that the DARWIN Provider has with any third Party.
13.2 The DARWIN Provider agrees to cooperate with the Company to provide such information as the Company may require for purposes of preparing, revising or updating any Disclosure Document, consistent with the Company’s responsibilities pursuant to FCA regulations or other applicable law, including trading performance history for any trading programs that the DARWIN Provider may offer to third parties. The DARWIN Provider agrees to provide all such information on a timely basis following the Company’s request and to promptly notify the Company of updates to such information in the event that such information changes.
14. DARWIN Provider’s Information
14.1 The DARWIN Provider represents and warrants that all information provided by the DARWIN Provider to the Company and all information regarding the DARWIN Provider provided to the Company for use in communications to customers, marketing materials, or any Disclosure Document, is and will be true and correct in all material respects and will not contain any material omission, including information regarding past performance results.
15.Notices
All notices and other communications required or permitted under these Terms & Conditions shall be deemed to have been duly given and made if written and served by email, personal delivery, facsimile transmission, overnight courier or certified or registered UK post, postage pre-paid, return receipt requested, and addressed, (i) in the case of notice to the Company to info@darwinex.com, the Company’s principal office, and (ii) in the case of notice to DARWIN Provider, to the e-mail address provided by the DARWIN Provider to the Company, his/her residence or to such other address as he may designate in writing to the Company. Notices sent by personal delivery, facsimile or overnight courier will be deemed received upon delivery or confirmation of transmission. Notices sent by registered or certified mail will be deemed received within four (4) business days after deposit in the UK mail.
16. Force Majeure and Limitation of Liability
16.1 Neither Party shall be required under any circumstances to pay or be liable to the other for incidental, consequential, exemplary, indirect or punitive damages, except to the extent covered by its indemnification obligations under Section 17 below. Neither Party shall be liable for any failure or delay in performance under these Terms & Conditions which is due to any event beyond its reasonable control, including without limitation, telecommunications failures, hacker attacks, labor difficulties, terrorist acts, war, riot, act of God or government actions.
16.2 The DARWIN Provider shall have no liability for any transaction executed by any customer of the Company deciding to invest in any DARWIN based on the DARWIN Provider’s trading strategy, provided however that the DARWIN Provider has not acted with gross negligence, bad faith or willful misconduct.
17.Indemnification
17.1 The Company agrees, except to the extent of the DARWIN Provider’s gross negligence, bad faith, willful misconduct or material breach of these Terms & Conditions, to defend, indemnify and hold the DARWIN Provider harmless from and against any and all suits, damages, actions, claims, liabilities, demands, decrees, judgments (including but not limited to attorney’s fees and expenses incurred on account thereof), arising out of or resulting directly or indirectly from the Company’s provision of the services available at www.darwinex.com.
17.2 The DARWIN Provider agrees to defend, indemnify and hold the Company harmless from and against any and all suits, damages, actions, claims, liabilities, demands, decrees, judgments (including but not limited to attorney’s fees and expenses incurred on account thereof), arising out of or resulting directly or indirectly from the DARWIN Provider’s gross negligence, bad faith, willful misconduct or material breach of these Terms & Conditions.
18. Independence
The participation of the DARWIN Provider in the DARWIN Provider Program shall not be deemed to establish a joint venture or partnership between the Company and the DARWIN Provider. The DARWIN Provider shall not be deemed to be an agent or employee of the Company. Neither the DARWIN Provider nor any of its officers, employees and agents (if applicable) shall be deemed in any manner or under any circumstance to be an employee or agent of the Company, and no such person shall be entitled to any of the rights, protections or benefits provided by the Company to its employees, including without limitation, group insurance or any kind of pensions.
19.Governing Law, Jurisdiction and Dispute Resolution
19.1 The DARWIN Provider accepts that these Terms & Conditions shall be governed by the law of England & Wales.
19.2 Any proceedings and their settlement that may involve the Company and the DARWIN Provider shall take place in the competent courts of England & Wales
19.3 The DARWIN Provider may raise a complaint in writing to the Complaints Officer at info@darwinex.com. If following the Company’s subsequent investigation and response the DARWIN Provider is still not satisfied, the DARWIN Provider may contact the Financial Ombudsman Service. Full details are contained within the Company’s internal complaints procedure, which is available to the DARWIN Provider on request at any time.
20.Invalidity
If any provision of these Terms & Conditions is found invalid, illegal or unenforceable by a court of competent jurisdiction, such provision shall be severed from these Terms & Conditions and shall not affect the validity of the remainder of these Terms & Conditions.
21. Headings and Word Meanings
Headings in these Terms & Conditions are included for convenience of reference only and in no way define or limit any provisions of these Terms & Conditions or otherwise affect their construction or effect. The use of the word “including” in these Terms & Conditions shall be by way of example rather than limitation. The singular shall include the plural and vice versa, unless the context otherwise requires.
22.Waiver
Either Party’s waiver of any breach by the other Party of any provision with respect to the other Party shall not operate or be construed as a waiver of any subsequent breach by such other Party of any such provision. No act or omission of either Party shall constitute a waiver of any of its or his/her rights hereunder except for a written waiver signed by the waiving Party.
23.Entire Agreement
These Terms & Conditions do not override any other agreements, arrangements, express or implied statements made by the Company unless the Company, in its sole discretion, determines otherwise
For the avoidance of doubt, these Terms & Conditions shall be construed as complementary to the Client Agreement and any aspect not specifically regulated under these Terms & Conditions shall be deemed to be regulated by said Client Agreement.
24.Assignment
The DARWIN Provider may not assign or in any manner transfer his/her duties hereunder.
25.Acknowledgement
The DARWIN Provider acknowledges that he/she has carefully read and fully understands all of the provisions of these Terms & Conditions and has had an opportunity to seek advice, if needed, prior to accepting these Terms & Conditions.
SCHEDULE I
COMPENSATION
Subject to the DARWIN Provider’s fulfillment of its obligations under these Terms & Conditions, the DARWIN Provider shall be entitled to receive during its participation in the DARWIN Provider program, the following compensation:
1. Performance Fee
1.1 The DARWIN Provider will be compensated on the basis of receiving a performance fee (the “Performance Fee”).
1.2 For the purposes of such compensation, Performance Fee means a fee that the Company will charge each investor who invests in one or more DARWIN(s) created with the information contained in the DARWIN Provider’s Trading Account(s) (the “DARWIN Provider’s DARWIN(s)”).
1.3 The Performance Fee will be calculated for each investor quarterly on a “high watermark” basis as follows (for each Investor, the relevant quarter starts the day on which a given Investor invests in a DARWIN Provider’s DARWIN):
Performance Fee = 0.20 * (Investor’s net profits since the date the Investor first invested in the DARWIN Provider’s DARWIN(s), including the profits of investments that remain open) – (sum of Performance Fees charged by the DARWIN Provider to the relevant Investor in previous quarters).
For the avoidance of doubt, the Performance Fee to be rewarded to the DARWIN Provider will in no event be lower than 0.
1.4 The Company will provide the DARWIN Provider with written notice of the initial Performance Fee percentage in advance of the DARWIN Provider’s participation as a DARWIN Provider in the DARWIN Provider Program. The DARWIN Provider has the option of accepting this Performance Fee percentage or terminating his/her participation in the DARWIN Provider Program. The Company may revise the Performance Fee percentage from time to time, provided that the Company will give the DARWIN Provider at least fifteen (15) days advance written notice of any such change. The DARWIN Provider has the option of accepting or not accepting the change in the success fee. If the DARWIN Provider chooses not to accept this change then the DARWIN Provider must notify the Company in writing and the Company can either terminate the DARWIN Provider’s participation in the DARWIN Provider Program or continue with the prior Performance Fee.
2. Additional compensation methods
The Company may introduce alternative or additional compensation methods from time to time, which the DARWIN Provider will be entitled to accept or reject in the terms set forth in paragraph 1.4 above.
3. Compensation information
3.1 The Company will allocate the Performance Fees accrued as per 1.3 above in the DARWIN Provider’s Wallet within thirty (30) days of the end of each quarter (calculated individually for each Investor), which payment will be accompanied by information of the Company’s calculation of the payment owed.
3.2 The DARWIN Provider shall not be entitled to any compensation under the DARWIN Provider Program for any period of time during which the DARWIN Provider’s participation in said program is suspended in accordance with Section 12 hereof (provided that the Company is not receiving compensation for the DARWIN Provider’s DARWIN(s)). As long as the Company is receiving compensation for the DARWIN Provider’s DARWIN(s), then the Company will pay the DARWIN Provider any compensation due.
4. Taxes
The DARWIN Provider agrees that the DARWIN Provider is responsible for all applicable taxes associated with such compensations, including but not limited to any income, profits and gains and any other tax, duty, contribution, levy or charge in the nature of tax of any nature, whether domestic or foreign.
Accept the Terms & Conditions
CONTINUE

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contact@uxxar.fr


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MessagePosté: 02 Sep 2017, 09:57 
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Merci :)


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MessagePosté: 02 Sep 2017, 10:42 
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Bonjour, un développement étoffé se trouve ici : http://videobourse.fr/forum-forex/viewt ... 10&p=70574

Depuis toujours les CFD de Darwinex sont proposés par LMAX au travers d'un échange MTF.

Ainsi, leur promotion a toujours été légale, autorisable sans interruption, puisque ce cadre (Multi-lateral Trading Facility) est une des dérogations explicitement décrite dans les textes anti-promotion active belge et français.


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MessagePosté: 20 Oct 2017, 16:40 
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y'a plus personne ici ?

_________________
ducunt volentem fata nolentem trahunt


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MessagePosté: 15 Déc 2017, 08:54 
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Pour ceux qui auraient loupé le webinaire questions-réponses d’hier soir, où l’on a pu voir notamment quelques clichés de roadmap, du très lourd se trame chez Darwinex. Beaucoup d’ouvertures dans les tuyaux. On arrive enfin à une quasi maturité qui devrait surprendre par ses ramifications et son ambition tentatuclaire visionnaire. Lame de fond en approche qui risque de prendre pas mal de cours la concurrence par sa richesse incontestable et immanquable. Une fois que tout sera déployé, incontestablement on fera face à un partenaire de rêve pour tout particulier, satisfaisant une grande variété de besoins.


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MessagePosté: 15 Déc 2017, 08:59 
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Enièmes nouveautés intermédiaires ayant pu vous échapper

Toujours plus d’incitations financières au profit des clients, autant de cadeaux et un resserement de l’implication participative de la “famille” embarquée dans le voyage
http://blog.darwinex.com/introducing-da ... -dividend/

Mais encore, trading des assets qui s’étoffe
http://blog.darwinex.com/darwin-conditi ... vironment/

Entre autre


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MessagePosté: 15 Déc 2017, 13:27 
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