This Agreement is entered into by and these Terms &
Conditions (hereinafter referred to as the “Agreement”) shall regulate the relationship between
CapitalAnalysis LTD, (hereinafter referred to as the “Company”), and the user (a natural or legal
entity) (hereinafter referred to as the “Client”) of CapitalAnalysis (hereinafter referred as the
“Website”).
The Client confirms that he/she has
read, understood and accepted all information, conditions and terms set out on the Website which are
open to be reviewed and can be examined by the public and which include important legal
Information.
By accepting this Agreement, the Client agrees and irrevocably accepts
the terms and conditions contained in this Agreement, its annexes and/or appendices as well as other
documentation/information published on the Website, including without limitation to the Privacy
Policy, Payment Policy, Withdrawal Policy, Code of Conduct, Order Execution Policy and Anti-Money
Laundering Policy. The Client accepts this Agreement by registering an Account on the Website and
depositing funds. By accepting the Agreement, and subject to the Company’s final approval, the
Client enters into a legal and binding agreement with the Company.
The terms of
this Agreement shall be considered accepted unconditionally by the Client upon the Company’s receipt
of an advance payment made by the Client. As soon as the Company receives the Client's advance
payment, every operation made by the Client on the Trading Platform shall be subject to the terms of
this Agreement and other documentation/information on the Website.
The Client
hereby acknowledges that each and any Operation, activity, transaction, order and/or communication
performed by him/her on the Trading Platform, including without limitation through the Account, and
the Website, shall be governed by and/or must be executed in accordance with the terms and
conditions of this Agreement and other documentation/information on the Website.
By
accepting this current agreement, the Client confirms that he/she is able to receive information,
including amendments to the present Agreement either via email or through the
Website.
A client that is a legal entity can register with the Company not through
the Website but by sending an email with its request to info@CapitalAnalysis.online All terms and
and conditions contained herein, including without limitation to 1 to 5 above, shall at all times be
applicable to the Legal Entity and the latter shall conform with such terms and conditions,
obligations and rights at all times.
Terms
Account – means a unique personified account registered in the name of the Client and which contains
all of the Client’s transactions/ operations on the Trading Platform (as defined below) of the
Company.
Ask - means the higher price in a quote. The price the Client may buy
at.
Bid - means the lower price in a quote. The price the Client may sell
at.
CFD (contract for difference) - means a tradeable contract entered into between
the Client and the Company, who exchange the difference in the value of an Instrument, as specified
on the Trading Platform at the time of opening a Transaction, and the value of that Instrument at
the contract’s end.
Digital Option Contract - means a type of derivative instrument
where the Client earns a payout if they correctly predict the price movement of the underlying asset
at the time of the option’s expiry. The prediction can be made as to whether the value of the
underlying asset will fall above or below the strike price at time of expiration. Should the option
expire at the selected strike price, it will be considered to expire out-of-the money and will
result in the loss of the invested amount.
Execution - means the execution of
Client order(s) by the Company acting as the Client's counterparty as per the terms of the present
agreement.
Financial Instruments - means the Financial Instruments as per paragraph
2.4 below that are available on the Company’s Trading Platform.
KYC documents -
means the documents to be provided by the Client, including without limitation to the a copy of the
passport or ID and utility bill of the Client, in case it is a natural person and/or certificates
showing the management and ownership going all the way up to the ultimate beneficial owner, in case
it is a legal entity, and any other documents the Company may request upon its sole
discretion
Market - means the market on which the Financial Instruments are subject
to and/or traded on, whether this market is organized / regulated or not and whether it is in St.
Vincent and the Grenadines or abroad.
Market Maker - means a company which provides
BID and ASK prices for financial instruments.
Operations – means actions performed
at the Client’s Account, following an order placed by the Client,, connected with but not limited to
crediting of funds, return of funds, opening and closing of trade transactions/positions and/or that
relate to financial instruments.
Prices - means the prices offered to the Client
for each transaction which may be changed without prior notice. Where this is relevant, the “Prices”
given through the Trading Platform include the Spread (see definition below).
Services – means the services described in section 3 of this Agreement.
Spread -
means the difference between the purchase price Ask (rate) and the sale price Bid (rate) at the same
moment. For avoidance of doubt, a predefined spread is for the purposes of this Agreement
assimilated commission.
Trading Platform - means an electronic system on the
internet that consists of all programs and technology that present quotes in real-time, allow the
placement/modification/deletion of orders and calculate all mutual obligations of the Client and the
Company.
Subject of the Agreement
The subject of
the Agreement shall be the provision of Services to the Client by the Company under the Agreement
and through the Trading Platform.
The Company shall carry out all transactions as
provided in this Agreement on an execution-only basis, neither managing the account nor advising the
Client. The Company is entitled to execute transactions requested by the Client as provided in this
Agreement even if the transaction is not beneficial for the Client. The Company is under no
obligation, unless otherwise agreed in this Agreement and/or other documentation/information on the
Website, to monitor or advise the Client on the status of any transaction, to make margin calls, or
to close out any of the Client’s open positions. Unless otherwise specifically agreed, the Company
is not obligated to make an attempt to execute the Client’s order using quotes more favorable than
those offered through the Trading Platform.
General
Provisions
The Company will offer Services to the Client at the absolute discretion
of the Company subject to the provisions of this Agreement.
The Client is
prohibited and shall not, under no circumstances, be allowed to execute any transactions/Operations
on the Trading Platform, Website and/or through his/her Account, that would as a result exceed the
total balance and/or amount of money deposited/maintained with his/her Account. Such deposited
amounts shall be considered to have been provided as collateral, either in the form of a lien or
otherwise, to the Company by the Client by which the obligation of the Client to pay any money to
the Company is secured.
Services of the Company
Services – services provided by the Company to the Client through the Trading Platform of the
Company, including without limitation to customer, analytics, news and marketing information
services.
The Company shall facilitate the execution of trade activities/orders
and/or transactions of the Client but the Client hereby acknowledges and accepts that the Company
shall not at any time provide any trust services and/or trading consultation or advisory services to
the Client.
The Company shall process all transactions/Operations of the Client in
accordance with the terms and conditions of this Agreement and on an execution-only basis. The
Company shall not manage the Client’s Account nor advise the Client in any way.
The
Company shall process the orders/transactions requested by the Client under this Agreement
irrespective of whether such orders/transactions may result to not being beneficial for the Client.
The Company is under no obligation, unless otherwise agreed in this Agreement and/or other
documentation/information on the Website, to monitor or advise the Client on the status of any
transaction/order, to make margin calls to the Client, or to close out any of the Client’s open
positions. Unless otherwise specifically agreed, the Company is not obligated to process or attempt
to process the Client’s order/transaction using quotes more favorable than those offered through the
Trading Platform.
The Company shall not be financially liable for any operations
conducted by the Client through the Account and/or on the Trading Platform.
Each
Client shall be the only authorized user of the Company’s services and of the corresponding Account.
The Client is granted an exclusive and non-assignable right to the use of and to access the Account
and it is his/her responsibility to ensure that no other third party, including, without limitation,
to any next of kin and/or to members of his/her immediate family, shall gain access to and/or trade
through the Account assigned to her/him.
The Client shall be liable for all orders
given through his security information and any orders received in this manner by the Company shall
be considered to have been given by the Client. So long as any order is submitted through the
Account of a Client, the Company shall reasonably assume that such orders are submitted by Client
and the Company shall not be under any obligation to investigate further into the matter. The
Company shall not be liable to and/or does not maintain any legal relations with, any third party
other than the Client.
If the Client acts on behalf of any third party and/or on
behalf of any third party’s name, the Company shall not accept this person as a Client and shall not
be liable before this person regardless if such person was identified or not.
The
Client has the right to cancel his order given to the Company within 3 seconds after the moment of
giving such order to the Company (hereinafter referred to as the “Cancellation”). The client agrees
and understands that the three seconds cancellation option offered by the Company is applicable and
available for the client as long as the price remains unchanged. Three seconds from the moment of
giving the order to the Company by the Client via the platform, the Company may (but is not obliged
to) offer to buyout the option from the Client and the Client have the right to agree to such offer
(hereinafter referred to as the “Buyout”). The Client is entitled to use such Cancellation or Buyout
option subject to the conditions specified on the platform. Such conditions can also include the fee
charged by the Company. Such fee is specified on the platform. The Company is obliged to provide all
necessary information as to the conditions of Cancellation and Buyout, their cost, etc. The Client
acknowledges and agrees that provision of such information on the platform is sufficient. The Client
acknowledges and agrees that the use of Cancellation or Buyout is very risky to the Client as long
as the cost of Cancellation and/or Buyout depends on the market situation. The Client acknowledges
and agrees that he bears all the risks associated with the use of Cancellation and/or
Buyout.
The Client is entitled to use such Cancellation or Buyout option subject to
the conditions specified on the Trading Platform/Website, including without limitation to any fee to
be charged by the Company. The Company shall be obliged to provide all necessary information as to
the conditions of Cancellation and Buyout, including any applicable costs, etc. The Client
acknowledges, accepts and agrees that provision of such information on the Trading Platform is
sufficient. The Client acknowledges, accepts and agrees that the use of Cancellation or Buyout
option entail large risks for the Client, especially in the case where the costs associated with
Cancellation and/or Buyout, depend on the market situation. The Client acknowledges, accepts and
agrees that he/she shall bear all risks associated with the use of Cancellation and/or Buyout
option.
It is understood and agreed by the Client that the Company may from time to
time, at its sole discretion, utilize a third party to hold the Client’s funds and/or for the
purpose of receiving payment execution services. These funds will be held in segregated accounts
from such third party’s own funds and will not affect the rights of the Client to such
funds.
The Company offers internal live chats where clients can share inter alia
their trading ideas and/or express their general thoughts. The client acknowledges and agrees that
the Company’s live chat feature is not and will not constitute a valid and/or accurate information
and/or information addressed to the clients/potential clients and/or in any way information that is
controlled by the Company and/or investment advice, as it is merely a feature allowing clients to
inter alia express their thoughts and ideas between themselves.
Provision of
investment advice shall only be carried out by the Company subject to a separate written agreement
with the Client and after assessing the Client’s personal circumstances. Unless such written
agreement has been entered into between the Client and the Company, the provision of reports, news,
opinions and any other information by the Company to the Client does not constitute investment
advice or investment research.
Execution of Orders / Electronic
Trading
By accepting this Agreement, the Client accepts that he has read and
understood all provisions of this Agreement and related information on the Website. The Client
accepts and understands that all orders received shall be executed by the Company as the
counterparty of the transaction in its capacity of Market Maker. The Company shall act as a
principal and not as an agent on the Client’s behalf for the purpose of the Execution of orders. The
Client is informed that Conflicts of Interest may arise because of this model.
Reception of the order by the Company shall not constitute acceptance and acceptance shall only be
constituted by the execution of the order by the Company.
The Company shall be
obliged to execute the Client's orders sequentially and promptly.
The Client
acknowledges and accepts a) the risk of mistakes or misinterpretations in the orders sent through
the Trading Platform due to technical or mechanical failures of such electronic means, b) the risk
of any delays or other problems as well as c) the risk that the orders may be placed by persons
unauthorised to use and/or access the Account, and the Client agrees to indemnify the Company in
full for any loss incurred as a result of acting in accordance with such orders.
The Client accepts that during the reception and transmission of his/her order, the Company shall
have no responsibility as to its content and/or to the identity of the person placing the order,
except where there is gross negligence, willful default or fraud by the Company.
The Client acknowledges that the Company will not take action based on the orders transmitted to the
Company for execution by electronic means other than those orders transmitted using the
predetermined electronic means such as the Trading Platform, and the Company shall have no liability
towards the Client for failing to take action based on such orders.
The client
acknowledges and agrees that any products or services that may be offered by the Company may not
always be available for purchasing or use for trading purposes, and it is in the Company's absolute
discretion whether it will make these products available or not to the clients at any time. The
Company shall bear no liability, monetary or otherwise, in relation to this section, including
without limitation to not making available any product at any given time.
Limitation of Liability
The Company does not guarantee
uninterrupted service, safe and errors-free, and immunity from unauthorized access to the trading
sites' servers nor disruptions caused from damages, malfunctions or failures in hardware, software,
communications and systems in the Client's computers and in the Company's
suppliers.
Supplying services by the Company depends, inter alia, on third parties
and the Company bears no responsibility for any actions or omissions of third parties and bears no
responsibility for any damage and/or loss and/or expense caused to the Client and/or third party as
a result of and/or in relation to any aforesaid action or omission.
The Company
will bear no responsibility for any damage of any kind allegedly caused to the Client, which
involves force majeure or any such event that the Company has no control of and which has influenced
the accessibility of its trading site.
Under no circumstances will the Company or
its Agent(s) hold responsibility for direct or indirect damage of any kind, even if the Company or
its Agent(s) had been notified of the possibility of aforesaid damages.
Settlement of Transactions
The Company shall proceed to a
settlement of all transactions upon execution of such transactions.
An online
statement of Account will be available for printing to the Client on the Trading Platform of the
Company, at all times.
Indemnity and Liability
The Client shall indemnify and keep indemnified the Company and its directors, officers, employees
or representatives against all direct or indirect liabilities (including without limitation all
losses, damages, claims, costs or expenses), incurred by the Company or any other third party in
respect to any act or omission by the Client in the performance of his/her obligations under this
Agreement and/or the liquidation of any financial instruments of the Client in settlement of any
claims with the Company, unless such liabilities result from gross negligence, willful default or
fraud by the Company. This indemnity shall survive termination of this Agreement.
The Company shall not be liable for any direct and/or indirect loss, expense, cost or liability
incurred by the Client in relation to this Agreement, unless such loss, expense, cost or liability
is a result of gross negligence, willful default or fraud by the Company. Notwithstanding the
provisions of section 8.1 above, the Company shall have no liability to the Client whether in tort
(including negligence), breach of statutory duty, or otherwise, for any loss of profit, or for any
indirect or consequential loss arising under and/or in connection with the
Agreement.
The Company shall not be liable for any loss of opportunity as a result
of which the value of the financial instruments of the Client could have been increased or for any
decrease in the value of the financial instruments of the Client, regardless of the cause, unless
such loss is directly due to gross negligence, willful default or fraud on the part of the
Company.
The Company shall not be liable for any loss which is the result of
misrepresentation of facts, error in judgment or any act done or which the Company has omitted to
do, whenever caused, unless such act or omission resulted from gross negligence, willful default or
fraud by the Company.
The Company shall not be liable for any act or omission or
for the insolvency of any counterparty, bank, custodian or other third party which acts on behalf of
the Client or with or through whom transactions on behalf of the Client are carried
out.
Personal Data
By accepting the terms and
conditions of this Agreement, the Client irrevocably consents to the collection and processing of
his/her personal data/information by the Company without the use of automatic controls, as the same
are provided by him/her to the Company. The term personal data for the purposes of this Agreement
shall mean: the Name, Surname, Patronymic, gender, address, phone number, e-mail, IP address of the
Client, Cookies and information that relate to the provision of Services to the Client (for example,
the Client’s trading story).
The Client shall be obliged to provide correct,
accurate and complete personal data/information as requested by the Company.
The
purpose of collecting and processing the personal data is to comply with applicable regulating
legislation requirements, including without limitation to anti-money laundering regulations, as well
as for any and all purposes in relation to this Agreement, including without limitation to enable
the Company to discharge its obligations towards the Client.
The Client
acknowledges and consents to that, for the purposes described at the section directly above, the
Company shall be entitled to collect, record, systematize, accumulate, store, adjust (update,
change), extract, use, transfer (disseminate, provide, access), anonymize, block, delete, destroy
such personal data and/or perform any other actions according to the current regulating
legislation.
The Client acknowledges and consents to the Company storing,
maintaining and processing his/her personal data in the manner as described in this Agreement during
the term of the Agreement and for 5 years following any termination of the
Agreement.
The Client hereby acknowledges, accepts, agrees and consents to the
disclosure of personal data by the Company to third parties and their representatives, solely for
the purposes of the Agreement, including without limitation in order to facilitate
processing/execution of the Client’s orders/Operations, provided that at all times (i) the amount of
personal data to be disclosed to any such third party is proportionate and/or limited solely to
facilitate to the actions as described above, and (ii) the Company shall ensure that such third
party shall treat the personal data in accordance with applicable laws and
regulations.
The Company shall not be entitled to make available the personal data
in public and/or disclose such personal data for any other purposes, subject to disclosure required
under applicable laws and regulations.
During processing of the personal data, the
Company shall take necessary legal, organizational and technical measures to protect such personal
data from unauthorized or accidental access, destruction, change, blocking, copying, provision, and
dissemination as well as from any other illegal actions.
Assignment
The Agreement shall be personal to the Client and the Client shall not
be entitled to assign or transfer any of his/her rights or obligations under this
Agreement.
The Company may at any time assign or transfer any of its rights or
obligations under this Agreement to a third party. The Company shall notify the Client of any such
assignment.
Risk Statement
The Client hereby
confirms to have read, understood and hereby accepts the risk statement relating to the use of
Services on the Website, as the same is available electronically via the Website.
The Client hereby confirms to have read, understood and hereby
accepts the risk statement relating to the use of Services on the Website, as the same is available
electronically via the Website.
Charges and
Fees
As always, a service usage fee of 10% of the accumulated profit in your account
is required to process your withdrawal requests after a successful trading session
The Company shall be entitled to receive a fee from the Client regarding the Service(s), provided by
the Company.
The Company may pay fee/commission to business introducers, referring
agents, or other third parties based on written agreement. This fee/commission is related to the
frequency/volume of transactions and/or other parameters.
The Company may pay
fee/commission to business introducers, referring agents, or other third parties based on written
agreement. This fee/commission is related to the frequency/volume of transactions and/or other
parameters. All applicable fees or charges can be found on the Company’s Website (General Fees). The
Company has the right to amend its fees and charges from time to time.
Ongoing
trading fees, including inter alia swaps, shall be charged and deducted from the Client’s account
balance. In case the Client does not maintain enough funds in his/her balance, the relevant position
subject to swap will be closed by the Company.
The Client agrees that any amounts
sent by the Client will be deposited to the Account at the value on the date of the payment received
and net of any charges / fees charged by the bank or any other intermediary involved in such
transaction process and/or in any other case, the Client shall authorize the Company to withdraw the
fee by way of transfer from the Client’s Account.
Duration and
Termination of the Agreement
The Agreement herein shall be concluded for an
indefinite term.
The Agreement herein shall come into force when the Client accepts
the Agreement and makes an advance payment to the Company.
In case of any
discrepancies between the text of the Agreement in English and its translation in any other
language, the text of the Agreement in English as a whole shall prevail, as well as the English
version/text of any other documentation/information published on the Website.
The
Company shall be entitled to terminate this Agreement immediately without giving prior notice if the
Client fails to provide to the Company his/her KYC documents within 14 days from the moment of
acceptance of this Agreement, constituting, thus, his/her Account as an unverified
Account.
In case of termination of this Agreement for a reason indicated in section
15.b, subclauses i, ii and x of this Agreement the Company shall have no liability towards the
Client and no obligation to pay the profit of the Client (if any).
In case of
termination of this Agreement for a reason indicated in sections 15.a of this Agreement, the Company
shall have either to wire to the Client the remaining balance or to give to the Client the
opportunity to withdraw his/her remaining balance. In case of termination of this Agreement for a
reason indicated in section 16.b of this Agreement, the Company shall have to wire to the Client the
remaining balance excluding any profit.
Terms and Conditions for
1-Click Service
The Client shall agree to make a deposit to his/her Account to use
the Company Services or any other additional services ordered by the Client on the Website as well
as all additional expenses (if necessary), including but not limited to any taxes, duties, etc. The
Client shall be completely responsible for timely depositing the funds into his/her Account.
Provider of payment services shall ensure only fulfillment of payment in the amount defined by the
Site and shall not be liable for payment of the above-mentioned additional amounts by the Website’s
Client.
The payment is considered to be processed and cannot be returned after
clicking the “Payment” button. By clicking the “Payment” button, the Client shall agree that he/she
cannot return the payment or require its recall. Additionally, by accepting the terms and conditions
herein contained , the Client as the owner of the payment card confirms that he/she shall be
entitled to use the Services offered on the Website.
By accepting the terms and
conditions of this Agreement and depositing funds to the Account, the Client agrees to the use the
Website’s Services and accepts that the processing of any of the Client’s payment shall be executed
by a provider of payment services, being a third party to this Agreement (the “Provider”), and the
Client further acknowledges and accepts that no legal right exists for return of already purchased
Services or other options of payment cancellation. In case if the Client is willing to refuse from
using the 1-Click service for the next purchase of the Service, the Client can refuse from 1-Click
service using the Account on the Website.
Note that 1-click deposits (recurring
payments) are not processed as 3-D secure transactions, the client needs to enable 3-D secure
function if he would like the payments to be processed as 3-D secure, as it's vital information in
regards to BTC withdrawal policy.
The Provider shall not be in any case liable for
the refusal/impossibility to process the data connected with payment card of the Client, or for the
refusal connected with failure to obtain permission from the issue bank to process payment using the
payment card of the Client. The Provider shall not be in any case liable for quality, amount, and
price of any service, offered to the Client or purchased by the Client of the Website using the
payment card of the Client. Paying for any Services of the Website the Client first of all shall be
obliged to fulfill the rules of using the Website. We are asking to consider that only the Client as
the owner of the payment card shall be liable for timely payment of any service ordered via the
Website and for all additional expenses/fees connected with this payment. The Provider shall only be
the performer of payment in the amount specified by the Website and shall not be in any case liable
for any pricing, general prices and/or total sums.
In case of the situation
connected with the Client’s dissent with the terms mentioned above and/or any other reasons, we are
asking the Client to promptly refuse from making a payment and to directly address the
administrator/support of the Website if necessary.
Annex 1 -
General Terms
Technical Regulation
The Client’s
Responsibility
The Client acknowledges that these General Terms are an integral
part of this Agreement.
It is the Client's responsibility to verify that all
transactions and Service(s) received are not contradictory to any applicable law and to undertake
any other legal duty emanating from the use of Website at the Client’s sole option, discretion and
risk, and the Client is solely responsible for ascertaining whether it is legal in the Client's
jurisdiction and/or place of residence. The Client holds sole liability for all transactions in his
Trading Account, including all cards transactions or other means of deposit and withdrawal
transactions (as stated below). The Client acknowledges that the Company reserves the right to
accept or decline any deposit and/or funding and/or withdrawal request by the Client depending on
the payment method that the Client chooses (which includes but is not limited to the third party
financial institution from which the Client wishes to deposit/withdraw funds with the Company (Third
Party Institutions)), and the Company may suggest to the Client an alternative for its request. It
is important to note that the Company does not have and cannot in any way have any, control over
such Third Party Institutions and any transactions made by the Client through the Platform using
such institutions and it is hereby acknowledged and agreed that the Company shall bear no liability,
monetary or otherwise, in relation to any loss of funds incurred by the Client pursuant to any
actions or omissions of Third Party Institutions.
The Client is responsible for
securing his/her Username and Password for his Trading Account. The Client holds sole responsibility
for any damage caused due to any act or omission of the Client causing inappropriate or irregular
use of the Client Trading Account.
It is clearly stated and agreed by the Client
that the Client bears sole responsibility for any decision made and/or to be made by the Client
relying on the content of the Website and no claim and/or suit of any kind will arise to that effect
against the Company and/or its directors and/or employees and/or functionaries and/or Agents (the
Company and/or its Agents). The Company and/or its Agents will hold no responsibility for loss of
profits due to and/or related to the Website, Transactions carried out by the Client, Services and
the General Terms of use or any other damages, including special damages and/or indirect damages or
circumstantial damages caused, except in the event of malicious acts made by the
Company.
Without limitation of the aforesaid and only in the event of definitive
judgment by court or other authorized legal institution resolving that the Company and/or its
Agent(s) hold liability towards the Client or third party, the Company's liability, in any event,
will be limited to the amount of money deposited and/or transferred by the Client to the Trading
Account in respect of the transaction which caused the liability of the Company and/or its Agent(s)
(if such was caused).
No Trading Account will be approved without the completion of
the Company’s compliance procedures, including the identification and verification of the
Account.
Risks
The value of the Financial
Instruments offered by the Company may increase or decrease. The Client acknowledges that they fully
understand the risks involved in trading CFDs (and other similar products), including, but not
limited to, the risk of loss of all funds.
CFD Trading does not give you any right
to the underlying instrument of the Transaction. This means that you do not have any interests in,
or the right to purchase any underlying shares in relation to such instruments because the CFDs
represent a notional value only.
Virtual currencies are complex and high-risk
products, and their prices fluctuates widely; as such, they entail the risk of losing the entire
invested capital. Trading cryptocurrencies may result in significant loss over a short period of
time. Clients should not trade in virtual currencies in case they do not have the necessary
knowledge and expertise in these products.
The Client acknowledges that he has
read, understood and accepted the Company’s risk disclosure information found on the Company’s
Website.
Financial Information
The Company
should not be held responsible for any losses that the Client may incur (or to third party) due to
reliance on inaccurate or erroneous financial information on the Website.
The
Client should verify the accuracy and reliability of the information on the Website and its
appropriateness in comparison with other dependable information sources. The Company will not be
held responsible for any allegedly caused claim, cost, loss or damage of any kind as a result of
information offered on the Website or due to information sources used by the
Website.
The Client approves and accepts that any oral information given to him/her
in respect of his Trading Account might be partial and unverified. The Client accepts sole risk and
responsibility for any reliance on the aforementioned information. The Company does not give any
warranty that pricing or other information supplied by it through its trading software or any other
form is correct or that it reflects current market conditions.
Quotes
The Client acknowledges that the only reliable source of quote flow
information is the main server for customer requests. The quotes on the Trading Platform cannot
serve as a reliable source of information about the real quotes flow, as in the case of unstable
connection between the Trading Platform and the server part of the quotes from the flow may not
reach the Trading Platform.
The graphs displayed on the Trading Platform are
indicative. Thus, the Company does not guarantee that the transaction will be made at the same
prices specified on the graphs in the Trading Platform at the time of submission of the other
customer transactions.
The price displayed on the Trading Platform is formed by the
formula (Bid+Ask)/2.
Non-market quote – the price in the Trading Platform which
does not correspond to the price on the market at this moment of time (hereinafter referred to as
the “Non-market price”).
Copyright
Copyrights
and Intellectual Property (IP) on the Website are the Company's property or of third parties which
have authorized the Company to use such IP on the Website and Service(s). It is forbidden to copy,
distribute, duplicate, present in public, or deliver the copyrighted material, in whole or in part,
to third parties. It is forbidden to alter, advertise, broadcast, transfer, sell, distribute or make
any commercial use of the copyrighted material, in whole or in part, except with duly signed prior
permission from the Company.
Unless explicitly stated otherwise, any material
and/or message, including without limitation, idea, knowledge, technique, marketing plan,
information, questions, answers, suggestions, emails and comments (hereinafter – “Information”)
delivered to the Company shall not be considered the Client's confidential or proprietary right of.
Consent to the Agreement will be considered as authorization to the Company to use the entire
Clients' Information (excluding Clients' Information designated for personal identification), at the
absolute and sole discretion of the Company without requirement of any additional permission from
the Client and/or the payment of any compensation due to such use.
Client
undertakes that any notice, message or any other material supplied by the Client shall be
appropriate and shall not harm other persons including their proprietary rights. Client shall
refrain from uploading or sending any illegal and/or harmful and/or disturbing to other Clients
material, and is strictly forbidden from taking any action, which might damage the
Company.
Content and Third Parties’ Websites
The
Website might include general information, news, comments, quotes and other information related to
financial markets and/or advertising. Some information is supplied to the Website by unaffiliated
companies.
The Company does not provide investment research. All news, comments,
quotes and other information related to financial markets published by the Company are of
promotional/marketing nature only.
The Company does not prepare, edit or promote
the information/links and/or other information provided by unaffiliated companies.
The Company will not be liable for the content of any third-party websites or the actions or
omissions of their proprietors nor for the contents of third party advertisements and sponsorship on
those websites. The hyperlinks to other websites are provided for information purposes only. Any
Client and/or potential client use any such links at his/her own risk.
Processing of Client Orders to Open Positions
If the amount of
available funds is sufficient to open a position - the position will be opened.
If
the size of the available funds is insufficient to open a position - the position will not be
opened.
The Client’s order to open a position is processed, and the position is
opened only after the corresponding entry in the server log file. Each new position is assigned with
a serial number.
Processing of Client Orders to Close
Positions
Closing of trading position occurs at the current price at the trading
server at the moment of closing of the trading operation.
OTC Assets
OTC Asset or “over the counter” is
an asset that traded out of the regular market (hereinafter referred to as the
“Asset”).
The Asset’s price is formed from data for trade requests and orders of
the Clients, received by the Company.
The Client acknowledges that by making trade
requests and orders on such Asset, he/she understands the essence of the work of such an Asset and
the pricing algorithm of the Asset.
The Client acknowledges that by making trade
requests and orders on such Asset, he/she admits that the only reliable source of quoting
information is the main server for the trade orders of the Clients.
Benefits
The Company may provide benefits to clients, including
but not limited to, VIP status, tournaments and/or other privileges (“Benefits”), at its absolute
discretion and subject to fulfilling the required conditions. The Client acknowledges and
accepts:
The Company reserves the right, without prior
notification, to amend or cancel any of the Benefits provided at any time for any
reason;
Conditions are subject to change at any time and may vary depending on each
region;
It is prohibited to abuse any of the privileges provided by the Company
(e.g. creating multiple trading accounts to claim these Benefits);
The client may
submit a request to info@CapitalAnalysis.online to stop receiving such Benefits at any
time.
