Terms and Conditions

Last update: March 1, 2024

We kindly request you to carefully review and consider these terms and conditions. Your access to and use of this World Wide Website (“Web Site”) and any of its pages signify your acknowledgment and consent to abide by these Terms of Use. If you do not concur with these Terms of Use, please refrain from accessing this Web Site. Capixtrade retains the prerogative to modify these Terms of Use, and it is your responsibility to routinely review them. Continued utilization of this Web Site implies your acceptance of all such alterations.

GENERAL PROVISIONS

This License Agreement (referred to as the “Agreement”) is hereby established and becomes effective between Capixtrade, represented by its Affiliated Partners (hereinafter referred to as the “Company”), and any individual or legal entity (hereinafter referred to as the “Client”). This Agreement holds an essential place within the collection of public documents through which the Company delivers a range of services, including those of a financial and informational nature, to its valued Clients.

By choosing the services of the Company or engaging in any interaction with the Company, the Client fully accepts all the terms and conditions outlined in the publicly available documents. If the Client disagrees with any part of any public document of the Company (including terms of information usage), they are required to immediately discontinue their interaction with the Company.

This Agreement delineates the rights and responsibilities of all parties involved, including the Company, the Clients, and third parties. It applies to situations where information materials of any kind or format, originally published by the Company on its official website (accessible at www.capixtrade.io), are transmitted, broadcasted, or disseminated in any manner. This includes information published on other websites owned by the Company or its Affiliated Partners, economic news disseminated through client terminals, and more.

Under this Agreement, any legal entities or individuals who access and utilize information from the Company’s web server located at the aforementioned address, or the Company’s trading server, are considered information users.

This Agreement is applicable to information published on the Company’s web server or disseminated through other information channels and reproduced on various information carriers, including physical copies (e.g., paper).

Specific types of information are subject to other regulations and legal documents as appropriate.

• The Company’s logo is a registered trademark and is safeguarded by relevant legislation, notably the International Trademark Law.
• Copyrights on materials published on the Company’s web server by third parties are protected by the laws of the authors’ respective countries and international regulations.
• Copyrights on materials published on the Company’s web server (site) by the Company itself (under its own name) are safeguarded by international laws.

The company does not welcome clients from countries subject to sanctions, as determined by entities such as OFAC, FATF, UN, and other sanction lists.

BASIC DEFINITIONS USED IN THE PRESENT AGREEMENT

The following terminology used in the present Agreement has the indicated meaning, if not otherwise stipulated in the present Agreement:

Account: Any transaction accounts which the Company may open for the Client on its systems to allow the Client trade in FX or CFDs as defined below.

Agreement: This Agreement between the Client and the Company also includes the following documents located on the Website: (a) Privacy Policy (b) any other provisions that the Company may publish on its Website(s) from time to time.

This site is owned and operated by Capixtrade.

Ask: The lowest price for which a seller is willing to sell a contract.

Balance: The total sum on the Client’s Account after the last transaction made within any period of time.

Base currency: The first currency in the currency pair.

Bid: The highest price that a buyer is willing to pay for a contract.

Business Day: Any day, other than a Saturday or a Sunday or the 25th of December, or the 1st of January.

CFDs: A spot and/or forward contract for differences in Metals, Commodities, Futures, Options, Forwards, Stocks, Indices.

Client Application Form: The application form completed by the Client to apply for the Services (via which the Company will obtain inter alia the necessary information for the identification, due diligence and categorization in accordance with international practices on know-your-client and anti-money laundering).

Contract Specifications: Each lot size or each type of underlying in a CFD or FX offered by the The company as well as all necessary trading information concerning spreads, swaps, margin requirements etc., as determined by the Company from time to time on the Website.

Currency of the Account: The currency that the Client chooses when opening an account with the Company or converted into at the Client’s choice after the opening the Account.

Currency Pair: Consists of two currencies (the Quote Currency and the Base Currency) and shows how much of the quote currency is needed to purchase one unit of the Base Currency.

FX: A contract for difference on currencies (Spot Forex).

Group Company: A legal entity that is parent, subsidiary, or affiliated in its relationship to the Company.

Login Details: The Client’s access login and password provided to the Client by the Company in order to have access to the Online Trading System and/or the Website.

Login Data: The Login Details, the Account number and any information required to place Orders with the Company in any manner.

Liquidity Providers: A third party to which the Company shall receive and transmit the order of the Client always acting as agent of the Client.

Leverage: A ratio in respect of Transaction Size and Initial Margin. 1:100 ratio means that in order to open a position, the Initial Margin is one hundred times less than the Transactions Size.

Margin: The necessary guaranteed funds to open positions or to maintain Open Positions, as determined in the Contract Specifications for each underlying in an FX or CFD.

Online Trading System: Any Software or platform used by the Company which includes the aggregate of computer devices, software, databases, telecommunication hardware, trading platform(s), making it possible for the Client to obtain information of markets in real-time, make technical analysis on the markets, enter into Transactions, place/modify/delete orders, receive notices from the Company and keep records of Transactions.

Open Position: A Deal of purchase/sale not covered by the opposite sale/ purchase of the contract.

Order: An instruction by the Client to the Company.

Parties: The parties to this Agreement.

Pending order: Order for Buy or Sell at a price different from the market price.

Quote: The Bid and Ask prices of a CFD or FX Currency Pair.

Quote Currency: The second currency in the Currency Pair.

Rules: Laws, articles, regulations, directives, procedures and customs as in force from time to time.

Services: The services provided by the Company under this Agreement.

Spread: means an indicative spread that reflects the difference between the lower and the higher figures of a quoted two-way price for a market, the difference may deviate from what is customary to the market.

Stop Out: The situation when the Client’s equity divided by balance falls below the stop out level specified for the Client’s account type where the Company will close some or all of the Client’s Open Positions at the current market price or the last available price in order to bring the Client’s equity divided by balance above the stop out level specified by the Client’s account type.

Swap or Rollover: The interest added or deducted for holding a position open overnight.

Swap Rates: The rate of the fixed portion of a swap, at which the swap will occur for one of the parties entering into a Financial Instrument.

Trade Confirmation: A message from the Company to the Client confirming the transmission for execution of the Order.

Transaction: An executed Order.

The Company: Capixtrade.

Website: www.capixtrade.io or any other website of the Company’s trade names, as the Company may from time to time notify the Client.

Your Information: Any information that the Company receives from the Client or otherwise obtains which relates to the Client, the Account or the provision or the Client’s use of the Services.

The Company’s Web-server (site) is a software and hardware system connected to the Internet and capable of providing information upon request. Herewith, in order to receive information from the Web-server (site), prior authorization may or may not be required from the Client (information user), however, the provisions of the present Agreement equally apply to information transmitted via open channels, without authorization, and via secure channels, if provided authorization is successful.

The Company’s Trading Server is a software and hardware system connected to the Internet and capable of providing a certain amount of information upon request, if provided authorization is successful. In particular, the information may include the financial instruments quotation flow and economic news.

The process of receiving information by a user refers to data received from the Company’s server (or other transmitting device or system) by the Client’s hardware (if the provided hardware is connected to the Internet or other communication channels). With regards to the information dissipated (reproduced) on hard copies, this is (a) process(es) connected with acquisition, reading and understanding of information.

Information or data represented in electronic or other form: texts (having any nature and content whatsoever, including encrypted texts, such as scripts, passwords, etc.), images, design elements and photos, as well as audio and video records.

Information usage refers to the possibility of viewing data using software installed on Client’s hardware (client terminal, browser, etc.) or the possibility of converting, copying, duplicating, or transferring to other carriers or to transforming (in particular, production of hard copies), duplicating and deleting this information by whatever means. The transfer of the data to third-parties by any means is also considered information usage.

PARTIES TO THIS AGREEMENT

This Agreement is made between Capixtrade, a company duly registered in the Switzerland , hereinafter “the Company” and the person who has (have) completed the Application Form and whose application the Company has accepted.

The Company is permitted to provide brokerage, training and managed account services in currencies, commodities, indices, CFDs and leveraged financial instruments as per the authorization of the authority.

The Company is located in the Switzerland, with its correspondence address at Rue Pré-de-la-Bichette, Geneva.

Where the Account Holder comprises of two or more persons, the liabilities and obligations under this Agreement or any other agreement with the Company shall be joint and several. Any warning or other notice is given to one of the persons who form the Client shall be deemed to have been given to all the persons who form the Client. Any Order given by one of the persons who form the Client shall be deemed to have been given by all the persons who form the Client.

EFFECT OF THE AGREEMENT

This Agreement takes effect when the Client accepts it either by executing a paper version of this Agreement or online on the Website and when the Company confirms to the Client by post or electronic means that the Account has been opened and the Company has accepted the Client.

By continuing to place orders with the Company, the Client agrees to continue to be bound by this Agreement, which supersedes all other agreements and terms of business that may previously have been in place between the Parties.

The Company is not required to (and may be unable to under applicable rules) accept a prospective client until all documentation required has been received by the Company, properly completed by the Client.

The Company reserves the right to disable all trading activity on the Account, including the right to automatically close any Open Positions, until all documentation required is properly completed and/or received.

The Company reserves the right to appoint a Group Company to collect any client documentation it requires to open the Account.

SERVICES

From the date on which your Account is activated, the Company will:

• Receive and transmit orders in Financial Instruments.
• Execute orders in Financial Instruments.
• Provide for safekeeping and administration of Financial Instruments for the account of Clients, including custodianship and related services such as cash/collateral management.
• Provide investment Research and financial analysis.

The Client acknowledges that the Services do not include the provision of investment advice. Any investment information as may be announced by the Company to the Client does not constitute investment advice but merely aims to assist in investment decision making.

The Client agrees and acknowledges that he/she is solely responsible for any investment strategy, transaction or investment composition of any account and taxation consequences and he shall not rely, for this purpose on the Company. It is also understood and accepted that the Company shall bear absolutely no responsibility, regardless of the circumstances, for any such investment strategy, transaction, investment or information.

The Company may, from time to time in its absolute discretion, withdraw all or any part of the Services on a temporary or permanent basis.

FX and CFD’S TRADING PROCEDURES & ORDERS

The Client or those persons the Client has notified to the Company in advance and in writing as authorized to give instructions and Orders on the Account may place Orders via the Online Trading System in the way specified in this paragraph.

The Client may place new Orders via the Online Trading System by using the Login Details, give instructions to liquidate existing positions or to delete/modify pending orders.

In the event of an Order received by the Company by any means other than through the Online Trading System, the order will be transmitted by the Company to the Online Trading System (if possible) and processed as if it was received through the Online Trading System.

The Company will be entitled to rely and act on any Order without any further enquiry, and the Company will consider any Orders to be binding upon the Client where such Order has been placed using the Login Data in accordance with this paragraph.

The Company shall receive and transmit all Orders given by the Client strictly in accordance with the terms of the Orders. The Company will have no responsibility for checking the accuracy of any Order. Any Order that is given to the Company by the Client constitutes an irrevocable instruction to the Company to proceed with the Transaction on the Client’s behalf.

Any Order shall be conclusively deemed to be a valid Order from the Client to the Company if the Company believes it to be genuine. The Client is responsible for any loss, claim or expense incurred by the Company for following or attempting to follow any of the Client’s Orders.

The Company will not be obliged to check or have regard to any assumption made or expressed by the Client as to the effect of any trade on the Client’s existing or overall positions with the Company. The Company needs have no regard to the comments that any trade placed is a trade to close all or part of an open position. The Company will treat all trades as a buy or a sell regardless of whether the trade has the effect of opening a new position or closing an existing one. It is the responsibility of the Client to be aware of the Client’s positions at all times.

If the Client gives the Company an Order which puts the Client in breach of this Agreement, the Company may in its absolute discretion fulfil such an Order to the extent the Company deems appropriate and the Client will not have any right to cancel any resultant partially filled Order.

The Client will be liable for the breach of this Agreement and remain liable for the settlement of the resultant Transaction in accordance with the terms of this Agreement.

The Client may only give the following orders of trading character using the MT4 platform:

• a) OPEN: to open a position;
• b) CLOSE: to close an open position;
• c) To add, remove, edit orders for Stop Loss, Take Profit, Buy Limit, Buy Stop, Sell Limit, Sell Stop, Trailing Stop;

Any other Orders not mentioned above are unavailable and are automatically rejected.

All open spot positions will be rolled over to the next business day at the close of business in the relevant market, subject to the Company’s right to close the open spot position.

A confirmed open or closed position cannot be cancelled or changed.

The Client shall have no right to change or remove Stop Loss, Take Profit and Limit Orders if the price has reached the relevant level.

Orders can be transmitted for execution, changed or removed only within operating (trading) time and if they are not executed they shall remain effective through to the next trading session.

An Order shall be valid in accordance with the type and time of the given Order, as specified. If the time of validity or expiration date/time of the order is not specified, it shall be valid for an indefinite period.

Orders: Stop Loss, Take Profit, Buy Limit, Buy Stop, Sell Limit, Sell Stop are transmitted for execution at the price declared by the Client on the first market price touch. The Company reserves the right not to transmit the Order nor to change the opening (closing) price of the transaction in the event of a technical failure of the trading platform reflected financial tools quotes feed, or in the event of other technical failures.

Under certain trading conditions it may be impossible to transmit Orders (Stop Loss, Take Profit, Buy Limit, Buy Stop, Sell Limit, Sell Stop) at the declared price. In this case, the Company has the right to transmit the Order for execution or change the opening (closing) price of the transaction at a first market price. This may occur, for example, at times of rapid price movement if the price rises or falls in one trading session to such an extent that under the rules of the relevant exchange, trading is suspended or restricted. Or this may occur in the trading session start moments. So, as a result, placing a Stop Loss Order will not necessarily limit the Client’s losses to the intended amounts, because market conditions may make it impossible to execute such an Order at the stipulated price.

The Company may establish cut-off times for instructions or Orders which may be earlier than the times established by the particular Market and/or clearinghouse involved in any Transaction and the Client shall have no claims against the Company arising out of the fact that an Order was not placed by the Client ahead of our cut-off time.

The Company shall have the right to change the Contract Specifications at any time depending on the market situation. The Client agrees to check the full specifications of the CFD or FX before placing any Order. The Company reserves the right to permit a change to the Account Leverage at its discretion.

The level of Swap Rates may vary in size and change depending on the level of interest rates. The Company reserves the right to change the level of Swap Rates and inform the Client about it through the Online Trading System or by electronic means. From Friday to Monday swaps are calculated once. From Wednesday to Thursday swaps are calculated in triple size. The company may offer Swap-free accounts for religious purposes. Clients who can provide acceptable proof of a need for Swap-free accounts will be granted this account type. Accounts that are swap-free may hold a position open for a maximum of two weeks (14 days), before being charged a commission on the open position. Commission on swap-free trades will be the equivalent of $50 per lot traded. This commission will automatically be deducted from the client’s account following the 14ᵗʰ consecutive day of opened trades. The Company reserves the right to change the client’s account type from Swap-free to a standard Swap bearing account at its discretion. Furthermore, if the Company deems trading behaviour to be taking advantage of a swap-free account through interest rate arbitrage, the Company reserves the right to retroactively charge swaps on all previously open positions.

The Client accepts that the transmitted orders may be executed by the Company’s liquidity providers which may change from time to time.

THIRD-PARTY AUTHORIZATION TO TRADE

The Client shall have the right to authorize a third person to give Instructions and/or Orders to the Company or to handle any other matters related to this Agreement provided that the client has notified the Company in advance and in writing, of exercising such a right and that this person is approved by the Company as fulfilling all of the Company’s requirements.

Unless the Company receives a written notification from the Client for the termination of a third person’s authorization, the Company will continue accepting instructions and/or orders given by this person on the Client’s behalf and the Client will recognize such orders as valid and committing the Client.

The written notification for the termination of the authorization to a third party has to be received by the Company in writing and with at least 5 days notice prior to the termination date of authorization.

OPERATION TIME

The Company’s operation time for trading is from 21:00 Sunday to 20:59 Friday GMT Time, except for the 25th of December and the 1st of January.

The Client accepts that the Company may be closed on significant holidays.

MARGINS AND COLLATERAL PAYMENT

During the lifetime of any CFD or FX, the Company, in its absolute discretion, reserves the right to review and adjust the percentage of funding required or the rates at which interest is calculated on such CFD or FX, with or without notice to the Client, especially in, but not limited to, volatile market conditions. Spot positions that are open overnight may be adjusted to reflect the cost of carrying the position over. Details of such adjustments are available on the Website.

When the Company effects or arranges a Transaction involving a CFD or FX, the Client should note that, depending upon the nature of the Transaction, the Client may be liable to make further payments when the Transaction fails to be completed or upon the earlier settlement or closing out of the Client’s position. The Client will be required to make further variable payments by way of margin against the purchase price of the CFD or FX, instead of paying (or receiving) the whole purchase (or sale) price immediately. The movement in the market price of the Client’s investment will affect the amount of margin payment the Client will be required to make. The Company will monitor the Client’s margin requirements on a daily basis and shall inform the Client as soon as is reasonably practicable of the amount of any margin payment required under this provision.

The Client agrees to pay the Company on demand such sums by way of margin as are required from time to time under the Rules of any relevant Market (if applicable) or as the Company may in its discretion reasonably require for the purpose of protecting itself against loss or risk of loss on the present, future or contemplated transactions under this Agreement.

Unless otherwise agreed, margin must be paid in cash. Cash margin is paid to the Company as

an outright transfer of funds and the Client will not retain any interest in it. The cash margin received by the Company will be used by the Company as a cash repayment obligation owed by the Company to the Client.

In addition, and without prejudice to any rights to which the Company may have under this Agreement or any Applicable Regulations, the Company shall have a general lien on all funds held by Company or its Associates or its nominees on the Client’s behalf until the satisfaction of the Client’s obligations.

The Company shall have the right, in addition to any other rights the Company may have under this Agreement, to close and/or limit the size of the Client’s open positions (new or Gross) and to refuse to establish new positions and or change trading conditions including but not limited to interest, leverage, spreads, fees. Situations, where the Company may exercise such rights, include, but are not limited to, where:

• a) The Company considers that there are abnormal trading conditions; or
• b) The Account has reached Stop out level.

If the Margin level is equal to or less than the Stop out level of the Client’s account type, some or all positions are automatically closed at market price, until the point where the client’s margin level is above the Stop out level of the Client’s account type.

If the Client’s combined exposure in one or more margin trades reaches a level which – in case of adverse market development – may lead to a significant deficit not covered by the Client’s deposits and/or margin with the Company, the Company may in its discretion

• a) increase the margin requirements and/or;
• b) reduce the Client’s exposure by closing one or more or all of the Client’s open positions.

Furthermore, the Company is entitled in its reasonable opinion to determine that an emergency or an exceptional market condition has occurred. Such conditions shall include but are not limited to, the suspension or closure of any market or the abandonment or failure of any event to which the Company relates its quote or the occurrence of an excessive movement in the level of any Margin Trade and/or underlying market or the Company’s reasonable anticipation of the occurrence of such a movement. In such cases, the Company may increase its margin requirements, reduce the Client’s exposure, close any or all of the Client’s open Margin Trades and/or suspend trading.

ONLINE TRADING SYSTEM AND WEBSITE ACCESS

When the Account is enabled for trading, the Client shall use the Login Details within the Online Trading System, in order to transmit orders for the purchase or sale of CFDs and/or FX, through a compatible Personal Computer connected to the internet on the Online Trading System.

The Company will not proceed and avoid proceeding in any action that could possibly allow the irregular or unauthorized access or use of the Online Trading System. The Client accepts that the Company reserves the right, at its sole discretion, to terminate or limit the Client’s access to the Online Trading System or part thereof if the Company reasonably suspects that the Client allows the irregular or unauthorized access or use of the Online Trading System.

When using the Website and/or Online Trading System the Client will not, whether by act or omission, do anything that will or may violate the integrity of the Company’s computer systems or cause such system to malfunction. The Client is solely responsible for providing and maintaining the equipment necessary to access and use the Website and/or Online Trading System.

The Client acknowledges that the internet may be subject to events that may affect Client’s access to the Website and/or Online Trading System including but not limited to interruptions or transmission blackouts. The Company shall not be responsible for any damages or losses resulting from such events which are beyond the Company’s control or for any other losses, costs, liabilities, or expenses (including without limitation, loss of profit) that may result from the Client’s inability to access the Website and/or Online Trading System or delay or failure in sending any Orders.

The Client acknowledges that the Company is not an Internet Service Provider and cannot be responsible for not fulfilling any obligations under this Agreement because of internet connection failures or public electricity network failures or hacker attacks.

The Company shall not be held responsible in the case of delays or other errors caused during the receipt and/or transmission of orders and/or messages via computer. The Company shall not be held responsible for information received via computer or for any loss which the Company may incur in case said information is inaccurate.

The Client shall be permitted to store, display, analyze, modify, reformat and print the information made available to the Client through the Website and/or Online Trading System. The Client shall not be permitted to publish, transmit, or otherwise reproduce that information, in whole or in part, in any format to any third party without the Company’s express written consent. The Client must not alter, obscure or remove any copyright, trademark or any other notices that are provided in connection with the information. The Client represents and warrants that the Client will not use the Website and/or Online Trading System in contravention of this Agreement, that the Client will use the Website and/or Online Trading System only for the benefit of the Account and not on behalf of any other person, and that, with the exception of a web browser and other applications specifically approved by the Company in advance and in writing, shall not use (or allow another person to use) any software, program, application or other devices, directly or indirectly, to access or obtain information through the Website and/or Online Trading System or automate the process of accessing or obtaining such information.

SAFETY OF LOGIN DATA

The Client agrees to keep secret and confidential and not disclose to any person any part of the Login Data other than an individual who has been expressly authorized to act on the Client’s behalf according to paragraph 6.

The Client shall not write down the Login Details. If the Client receives a written notification of the Login Details, the Client must destroy said notification immediately.

The Client agrees to notify the Company immediately if the Client knows or reasonably suspect that the Login Data has or may have been disclosed to any unauthorized person. The Company will then take such reasonable steps to prevent any further use of such Login Data and will issue the Client with replacement Login Data. The Client will be unable to place any Orders until the Client has received replacement Login Data.

The Client agrees to co-operate with any investigation the Company may conduct into any misuse or suspected misuse of the Login Data.

The Client accepts liability for all orders given through and under the Login Data and any such orders received by the Company will be considered as placed by the Client. In cases where a third person is assigned as an authorized representative to act on the Client’s behalf, the Client will be responsible for all orders given through and under said representative’s Login Data.

The Client acknowledges that the Company bears no responsibility should unauthorized third-person access information, including electronic addresses, electronic communication and personal data, when the above are transmitted between the Company or any other party, using the internet or other network communication facilities, post, telephone, or any other electronic means.

THE RIGHTS AND RESPONSIBILITIES OF CLIENTS

When using information, whether published on the Company’s Web-server (site) or broadcast (published) in any other way, the Client shall:

Provide during registration precise, actual and full personal information (to the extent necessary for registration); in the case that there are actual changes in this data (for example, change of residence, surname (for any reason), telephone number or other personal registration data), please make relevant modifications in a timely manner. Registration data may be changed, for instance, by contacting the relevant Company employee via the contact form.

Do not attempt to register a third party on the site, even if this party is aware of or has you asked to do so; consequently any person who wishes to register on the site shall do so independently.

Make appropriate arrangements to ensure security of the data, which may be used to obtain access (authorization) of any system (service) provided by the Company. This regulation applies to passwords, logins, identification numbers, etc.

Observe effective international laws, as well as legislation within the Client’s country with regard to copyright law and intellectual property protection.

Do not attempt to use the Company’s Web-server (site) using software with the aim of hindering (or damaging) the operation of the Web-server (site), its individual service, or cause non-operability of the server and/or its individual service (inaccessibility of server and/or its individual services), or in any other way disrupt the normal operation of the servers. In particular, the Client shall not attempt to automatically collect non-public data or information that belongs to third parties, the Client shall not attempt to register automatically. Moreover, the Client shall not attempt to overload the Web-server (site) or trading server with useless information with the aim of causing malfunction and/ or to impede normal access of other users to the Web- or trading server.

Be fully and solely responsible, according to effective legislation and public documents of the Company, for all actions, carried out using the Client’s account, including actions that caused damage or loss to the Company (namely: the Client is responsible for any unlawful (or inconsistent with Company public documents) actions carried out via his/her account).

Do not use any service that allows publishing of any data, or in any other (as well as unlawful) way publish on the Company’s Web-server (site) information, which contains threats, discredits or abuses honor and dignity of third parties, is vulgar or indecent (in particular containing offensive words), advocates racial, religious, or ethnical discrimination and hostility, or any information that either directly or indirectly violates protected human rights, rights of citizens or legal entities (in particular, any information published in any form (format), including logins (nicknames), conference publications, etc.).

With regards to economic news broadcast by the Company, the Client shall:

• Observe effective copyright and intellectual property laws.
• Not store, copy, reproduce, disseminate, transfer via communication channels or in any other way, not publish, not create own information on the basis of the news, not reproduce on the air, not issue and/or duplicate the news.
• Use news for personal purposes as a source of information or, at his/her discretion, as a basis for analysis of an economic situation.
• Not use for commercial purposes, no neither sell nor provide access to it for commission.

When using information provided by the Company, the Client has the right to:

Independently choose at personal discretion and for personal use any information published by the Company on the Web-server (site) or broadcast via a client terminal or via other channels.

Use any information for personal use to the extent that it does not contravene the present License Agreement.

COMPANY RIGHTS AND RESPONSIBILITIES

When providing Clients with information (by any means via any channels) or publishing freely accessible information, the Company shall:

Take every possible measure to make information actual, precise, full, timely, consistent and useful.

Consider the demands of Clients firstly and consistently adjust volume, composition and quality of publicly available information or information, which is personally broadcast via secure communication channels.

When providing Clients with information (by whatever means via whatever channel) or publishing freely accessible information, the Company has the right to:

Adjust, add, remove, and transform the whole structure, composition and quality of any information at its own discretion.

Create or remove services hosted on the Company’s Web-server, and to limit access rights to these services at its own discretion.

Take decisions with regards to the provision of publicly available information (via public channels) or in confidential manner (via secure channels, subject to successful authorization) at its own discretion.

Take decisions with regards to the price of the information provided, access (subscription) this or that service hosted on the Company’s Web site at its own discretion. In particular, the Company reserves the right to charge extra fees for using this or that information or service.

RESPONSIBILITIES OF THE PARTIES

The official Company’s Web-server (site), including all the software operated on the Company’s Web-server (site): graphic, audio, video, and text content is accessible for use as is.

The Company does not guarantee that the Site or its services fit (optimally), meet specific ideas or expectations of the individual User or groups of Users with regards to using for specific purposes that the User has in mind. The Company does not guarantee that any (expected, supposed, or possible) results will be obtained by using of Web-server (site) and/or any separate service.

With regards to analytic, journalistic or educational publicly available information published by Company or broadcast via communication channels, Company disclaims any guarantees (direct and indirect/supposed), irrespective of owner of copyright (author’s rights) on the information.

Parties are liable under the effective legislation, when they establish relations pursuant to the present Agreement.

FUNDING AND WITHDRAWALS

The Client may fund the Account by credit or debit card, wire transfer or other similar methods of money transfer acceptable by the Company from time to time in its absolute discretion. The Company does not guarantee that all the aforementioned transfer methods are available to be used in the country of residence of the Client.

The Company shall make any payments due to the Client in such a manner as the Company deems appropriate in the circumstances.

The Client may withdraw funds deposited to the Client Account and/or profit gained through trading transactions from the Client Accounts only to the relevant account or card from which the Client had used to fund the Client Account (such account to be called “Originating Account/Card”. Transfers (withdrawals) of funds to accounts/cards other than from/to the Originating Account/Card are not allowed.

The Company will effect withdrawals of Client funds only when the identity of the Client is verified by the valid Login Details used for generating the withdrawal request through the SSL protected online portal or upon the receipt of an application form bearing the signature of the Client matching the specimen signature of the Client provided by the Client to the Company. It is also understood that the Company accepts no responsibility for any funds not deposited directly into the Company’s bank accounts.

All expenses for transfers of funds from or to the Originating Account/Card shall be borne by the Client.

The Client is fully responsible for the payment details provided to the Company and the Company accepts no responsibility for the Client’s funds, if the details provided by the Client are wrong.

The Company may operate a client bonus scheme from time to time.

In the event that the Client is eligible for a bonus either by way of a dedicated campaign or at the discretion of the Company, Client acknowledges to have read and to have accepted any bonus terms and conditions in effect from time to time.

Until the required conditions for a bonus payment have been fully satisfied, withdrawals of bonus funds or trading profits from are not possible. Should the Client choose to withdraw money from and/or close the Account before fully meeting the required conditions, all trading profits and bonus funds acquired under the specific campaign until then will be canceled and forfeited. Specific trading conditions apply to individual campaigns and may vary.

AMENDMENTS

The Company reserves the right to make amendments and additions to the present Agreement. In particular, it may take place in cases, which are not described directly or indirectly in the current edition of the Agreement or if a rule or law emerges that requires a corresponding amendment or addition.

AMENDATORY PROCEDURE

Should amendments and/or additions be made, the Company shall inform the Clients of this fact by posting relevant notice on the Company’s official Web site and sending a relevant message via the internal mail system.

The fact of posting the relevant notice on the Company’s Web site and sending messages via internal mail are considered to be the Client notification of the amendments and/or additions, whether the Client reads and understands a corresponding text or ignores it.

The amended document becomes effective after 5 (five) full astronomical days (120 hours) following publication of the notice on the Company’s Web site, before this time the notice has an informative (voluntary) nature.

The amended document immediately applies to any accounts registered after its publication (irrespective of other accounts registered earlier, which its holder may possess)

The amended document applies to trading accounts that were registered before its effective date when the document came into effect.

In the case that a rule or law is introduced, which requires a corresponding amendment to the present Agreement, then the rule or law shall be applied immediately after the effective date of the relevant statutory act, whether the required amendment and/or addition is made or not. Regulations of the present Agreement that contradict the newly introduced rule or law become void one the corresponding amendments to the aforementioned document go into effect.

TERM AND TERMINATION

This Agreement shall be valid for an indefinite time period until its termination by virtue of the provisions of VARIATION paragraph herein.

The Company may terminate this Agreement with immediate effect upon the occurrence of any of the events set out below:

• a) The Client fails to comply with any requirement relating to the transfer of an open investment position.
• b) The Client does not have the authority to transact business with the Company or to do so in the manner in which the Client customarily conducts business with the Company.
• c) If the Client becomes deceased, declared absent or become of unsound mind.
• d) Such termination is required by any competent regulatory authority or body.
• e) The Client violates any provision of the Agreement, and in the Company’s opinion, the Agreement cannot be maintained or implemented.
• f) If the Client fails to make any payment or fails to perform any other act required by the Agreement.
• g) The Company has reliable information that a material adverse change in the Client’s financial condition has occurred or that the Client may not perform obligations under the Agreement or the Client does not give to the Company adequate assurance of the Client’s ability to perform the Client’s obligations within 24 hours after receipt of the relevant request from the Company.
• h) If an application is filed in respect of the Client or any of the Client’s affiliates for any action pursuant to the Vanuatu Bankruptcy Act or any equivalent act, including those of another country, the Client or if a partnership, to one or more of the partners, or a company, a trustee, administrative receiver or similar officer is appointed.
• i) If an Order is made or a resolution is passed for the winding-up or administration (other than for the purposes of amalgamation or reconstruction) of the Client.
• j) If any distress, execution or other process is levied against any property of the Client and is not removed, discharged or paid within seven days.
• k) If any security created by any mortgage or charge becomes enforceable against the Client and the mortgagee or charge takes steps to enforce the security or charge.
• I) If any indebtedness of the Client or any of the Client’s subsidiaries becomes immediately due and payable, or capable of being declared so due and payable, prior to its stated maturity by reason of the Client’s default (or any of the Client’s subsidiaries) or the Client (or any of the Client’s subsidiaries) fails to discharge any indebtedness on its due date.
• m) The Client convenes a meeting for the purpose of making or proposing or entering into any arrangement or composition for the benefit of the Client’s creditors.
• n) If any of the representations or warranties given by the Client are or become untrue.
• o) In cases of material violation by the Client of the requirements established by legislation of the Switzerland or other countries, such materiality determined in good faith by the Company.

Trading strategies aimed at exploiting errors in prices and/or concluding trades at off- market prices (commonly known as “sniping”) are not accepted by the Company. Provided that the Company can document that there on the time of the conclusion of the trade were errors in prices,

commissions, or in the Online Trading System, and provided the Company can render probable that the Client, based on the Client’s trading strategy or other provable behavior, deliberate and/or systematically has exploited or attempted to exploit such an error, the Company is entitled to take one or more of the following countermeasures:

• a) adjust the price spreads available to the Client;
• b) restrict the Client’s access to streaming, instantly tradable quotes, including providing manual quotation only;
• c) retrieve from the Client’s account any historic trading profits that the Company can document have been gained through such abuse of liquidity at any time during the client relationship; and/or
• d) terminate the client relationship immediately by giving written notice.

This Agreement may be terminated by either Party at any time by sending a written notice. As a result of termination of this Agreement the Client Account will be closed.

The termination of this Agreement by the Client will not affect any obligation or liability that the Client may then have to the Company, including any liability or short position which may have arisen from or in connection with transactions initiated prior to termination.

If any of the events described in this paragraph occur, then the Company may at its discretion at any time (without prejudice to any other right the Company may have) and without notice to the Client, take any one or more of the following actions:

• a) Terminate this Agreement.
• b) Suspend, freeze or close out all or any or the Client’s open investment positions.
• c) Convert any currency.
• d) Apply any of the Client’s funds and the proceeds of any Transaction in satisfaction of the amount owed to the Company, including amounts due in respect of settlement, fees, commissions and interest.
• e) Keep such Client’s funds as necessary to close positions which have already been opened and/or pay any pending obligations the Client may have, including, without limitation, the payment of any amount which the Client owes to the Company under the Agreement.
• f) Close the Client Account

If there is a Balance in the Client’s favor, the Company will (after withholding such amounts that the Company in its absolute discretion consider appropriate in respect of future liabilities) pay such Balance to the Client as soon as reasonably practicable and supply the Client with a statement showing how that Balance was arrived at and, where appropriate, instruct any Nominee or/and any Custodian to also pay any applicable amounts. Such funds shall be delivered in accordance to the Client’s Instructions, but the Company shall have the right to refuse transfer of the Client’s funds to a third party.

VARIATION

Unless provided otherwise in this Agreement the Company may vary this Agreement at any time and without notice.

SEVERABILITY

Should any part of this Agreement be held by any Court of competent jurisdiction to be unenforceable or illegal or contravene any rule, regulation or by law of any Market or regulator, that part will be deemed to have been excluded from this and this Agreement will be interpreted and enforced as though the provision had never been included and the legality or enforceability of the remaining provisions of the Agreement or the legality, validity or enforceability of this provision in accordance with the law and/ or regulation of any other jurisdiction, shall not be affected.

COMPLAINTS

The Company maintains internal procedures for handling complaints fairly and promptly. Any complaint shall be made in writing or by email giving all relevant details.

The Company will try to resolve any complaints within five Business Days. If a complaint requires further investigation and cannot be resolved within five working days, the Company will issue its holding response within four weeks of receiving the complaint. When a holding response is sent, it will indicate when the Company will make further contact (which should be within eight weeks of receipt of the Complaint).

The Company will send a final written response within three (3) months from the date the complaint is received. In case a client complaint is not settled within a three (3) month period, the company will send a written response informing the client about the status of the complaint.

If a situation arises which is not expressly covered by a term of this Agreement, the Parties agrees to try to resolve the matter on the basis of good faith and fairness and by taking such action as is consistent with market practice.

APPLICABLE GOVERNING LAW AND JURISDICTION

If a settlement is not reached by the means described in COMPLAINTS paragraph, all disputes and controversies arising out of or in connection with the Agreement shall be finally settled in a court in Rue Pré-de-la-Bichette, Geneva, Switzerland.

This Agreement and all transactional relations between the Parties shall be governed by the Laws of the Rue Pré-de-la-Bichette, Geneva, Switzerland.

NON-EXERCISE TIGHTS

The Company’s failure to seek redress for violations, or to insist upon strict performance, of any condition or provision of this Agreement or the failure by the Company to exercise any right or remedy to which the Company is entitled to under this Agreement, shall not constitute an implied waiver thereof.

INDEMNITIES

The Client agrees to indemnify the Company against any loss, liability, cost, claim, action, demand or expense incurred or made against the Company in connection with the proper performance of the Client’s obligations under this Agreement except where that loss, liability, cost, claim, action, demand or expense arises from the Company’s gross negligence, fraud or willful default.

FINAL PROVISIONS

The Company, Capixtrade, address:Rue Pré-de-la-Bichette, Geneva, Switzerland, considers tasks connected with the continuous and timely provision of valid information support and provision of access to information services to Clients its affair of honor. However, conditions, which are not controlled by the Company, may emerge and make the aforementioned tasks problematic or impossible.

All the disputes that may occur shall be resolved in compliance with the effective legislation and Company’s public documents by means of negotiations or claims.

ACCEPTANCE BY THE CLIENT

I agree with all the conditions of the Company’s public documents for using the Company’s services and will immediately cease using the Company’s services in case of disagreement.