Terms and Conditions
- BACKGROUND INFORMATION
This Agreement is entered into by and between:
1.1. “CapitalCore UAB” (hereinafter referred to as the “Company”) as one of the parties and the Client who has registered for a trading account with the Company and has financial relations such as depositing funds to the company and trading as the other party.
1.2. Terms “Company” and “Broker” can be used interchangeably.
1.3. Terms “Client” and “Customer” can be used interchangeably.
1.4. Before applying for a trading account with the Company or beginning to trade with the Company, both Clients and potential Clients should carefully read the risk disclosure statement and notices found in this page. It should be remembered, though, that this page does not reveal or clarify all the risks and other important aspects of trading Binary Options. The aim of this statement was to clarify in broad terms the essence of the risks inherent in trading Binary Options in a realistic manner.
- TERMS OF USING CAPITALCORE TRADING PLATFORM
2.1. When investing and trading on an online trading platform like the one that “Capitalcore” provides, the customer is advised to keep this in mind that he accepts the possibility of financial loss, which could result from a variety of factors, including but not limited to:
(2.1.a) Customer’s computers, mobile devices and the software they are using to connect to the platform fails and or the unreliability of their network connection.
(2.1.b) Hardware or program failure, error, or any other technical glitches on the part of the Client or the Company.
(2.1.c) Any possible problem or malfunction of the customers’ machine(s).
(2.1.e) Any delays happening while executing, modifying or closing a position, whether due to the Broker’s platform technical issue and lack of connectivity to the servers that the platform is hosted on, or on the client’s side, any difficulty with their device or their internet connection.
2.2. The Customer agrees that the live Server’s assets price Quotes are the only accurate source of Quotes ticks. Since the communication between the Client Interface and the Server can be interrupted at any time, and some price Quotes may actually not enter the Client’s trading Interface.
2.3. The Customer acknowledges that when opens or closes an order, the Instruction is already sent to the server, processed and will be live until closed under related circumstances and the Customer agrees that by closing the trading platform terminal or any window that contains the Web-trader, the orders instructions which have already been sent to the Server, shall not be cancelled.
2.4. The Customer understands that when the Customer closes the Order, it is not considered as cancelled.
2.5. If the Customer does not obtain the outcome of the previous Order’s opening but wishes to repeat it, the Customer accepts the possibility of opening two positions instead of one position.
3.1. Positions (Open trading orders) can be forced to liquidate or closed without the Client’s permission if the Company becomes insolvent or bankrupts.
- FORCE MAJEURE OCCURRENCE
4.1. In the event of a Force Majeure Occurrence, the Company will be unable to prepare for the execution of Client Orders or to meet its contractual obligations to the Client. As a consequence, the Client could incur monetary losses.
4.2. If the omission, disruption, or delay in performing the Company’s responsibilities under this Agreement is caused by a Force Majeure case, the Company will not be liable or responsible for any kind of loss or damage.
- NON-INTERNAL RISKS
5.1. The Company may route the funds received from a Customer through a third party to a payment business partner which most likely is a payment processor that may hold and have control over the received funds in order to facilitate the customers’ payments and deposits through the company website and payment services. “Capitalcore” is not liable for the actions or omissions of any third party, to which money collected by the Client is transferred.
5.2. The laws and regulations that applies to any of these partners would vary from that of where the broker is registered in, and the Client’s money could be handled differently than it would be if it were kept in a dedicated bank account in the case of insolvency or other similar loss of that person or firm. The Company would not be accountable for any kind of failure handling the payments or transferring them to the company, caused by its financial partners.
5.3. The money that the Company can transfer to a service provider may be held in a pooled account, and it will not be able to distinguish it from the money of a specific Client or the money of the service provider. In the case of bankruptcy or any similar action against that service provider, the Company may only dispute against the service provider on behalf of the Client with no guaranteed result in recovering the funds, and the Client may be vulnerable to the possibility that the money obtained by the Company from the service provider is insufficient to cover the Client’s demands. The Company accepts no obligation or blame for any damages that might occur as a result of this.
- THE CUSTOMER AND THE COMPANY (BROKER) RELATIONSHIP
6.1. The Customer agrees that information sent via e-mail that is not encrypted is not secured from security breaches and unwanted disclosure.
6.2. When personal information, trading account credentials or any other sensitive details and information exchanged between the Broker and the Customer, when using the internet or any network connections to connect to the company’s platform or website, the Company assumes no liability if illegitimate and unknown third parties gain access to information, including any exchanged credentials, details provided by customers to the company and any personal data of the customers.
6.3. The Customers acknowledges that once they are provided with necessary credentials to enter into the trading platform, the broker accepts no liability if a third-party gets an unauthorized and unwanted access to their account and do any trading and financial activities behalf of them. The customers should protect their accounts from any unwanted access to them, by securing their devices and internet/network connection.
6.4. The Company reserves the right to change the contract at any moment and without previous notice for its own purpose. Customer will be presumed to have accepted the modifications if he/she do transaction on or after the modifications to this Agreement take effect.
6.5. The Customers agrees and acknowledges that in the case of any illegal and untrue financial claims and activities against the broker which would damage the broker’s reputation or cause any disruption in the broker’s business partnerships with its financial and other partners, such as false chargebacks and disputes, the broker has all rights to suspend the customer’s account, report the client and all his/her financial activities to the relative authorities and apply a fine of minimum $1,000 up to $10,000 per case, in addition to the actual amount of direct damage (E.g. amount of false chargebacks/disputes), to his/her account based on the case and broker’s decision.
- TECHNICAL AND CONDITIONAL RISKS AND WARNINGS
7.1. Failure, error, disruption, disconnection, or any other actions or events that result in a trade liquidation or loss, shall be the responsibility of the Client, not the Broker.
7.2. If the Client does operations and trading using an electronic device, he will be subject to system threats such as hardware, software, server, and contact line failures, as well as internet malfunction. Any such failure may result in his order not being carried out according to his directions or not being carried out at all. In the event of such loss, the Company assumes no responsibility.
7.3. During periods of high volume of orders and trades to execute, the Client may have difficulty connecting via mobile trading app or the Company’s Platform(s), especially in fast-moving markets.
7.4. The Client agrees that incidents on the internet, such as disruptions or network failures, software and hardware malfunction, internet disconnection, or cyberattacks, can affect his access to the Broker’s Website and the Company’s trading Platforms. The Company is not liable for any damages or losses caused by incidents outside its control, or for any other damages, fees, obligations, or expenditures (including, lost profits) incurred by the Client as a result of his or her failure of accessing the Company’s Website and Trading platforms or the order execution is delayed or failed at all.
7.5. The Client assumes the following risks, among others, in conjunction with the use of electrical and electronic equipment such as personal computers and mobile phones which they use to connect to the broker’s trading platforms through the network and internet connection, for which the Company is not liable for any resulting loss or monetary damages to the customer:
(7.5.a) Power outage on the client’s or provider’s hand, or Internet service provider which supplies the internet services and connectivity to the client.
(7.5.d) Use of such network channels, hardware, and applications, increases the probability of the Client not receiving a response from the Company with their order execution or any other services provided by the company;
(7.5.e) Platform failure or non-operational, due to technical issues.
7.6. The Customer may incur financial damages as a result of the realization of the aforementioned risks; the Company assumes no blame or liability in the event that such a risk materializes, and the Client is solely responsible for any losses he may incur as a result.
7.7. The Client acknowledges and agrees that during some periods of market, which its movements are volatile and unstable due to low liquidity of the market, special market movements at certain times at the beginning, during and the end of the trading day or any other reasons, clients’ orders on both Forex and Binary options may not be acceptable closed whether in profit or loss, if the broker finds those orders/trades as an intention to misuse the broker based on special and known market behaviors at the time of those orders/trades.
7.8. Any technical errors in Capitalcore’s own Trading platform, MT4/MT5 platform, or its quotes, such as invalid quotes, unexpected gaps, unusual market behavior based on faulty quotes coming in from external sources and our liquidity providers, quote freezing or any other unusual platform function, must be reported to the broker. broker reserves its rights to dismiss and deduct all the gained profits from the trader’s account that were earned by misusing these situations. Any profit-making exploiting of that situation will be considered as illegal trading, which may cause the trader’s account to be suspended whether temporarily or permanently.
- UNFORESEEN AND NON-TYPICAL MARKET CONDITIONS
8.1. The Customer agrees that, in the event of Unusual Market Situation and conditions, the time during which Orders are executed may be prolonged, or Orders may not be executed at all or at stated rates.
- TRADING FINANCIAL INSTRUMENTS (FOREX, CFDs AND BINARY OPTIONS) CONDITIONS
9.1. Trading Forex, CFDs and Binary Options is highly Volatile financially and involves risks, and it is not ideal for all ordinary people with no experience in trading such Instruments or any other financial markets, but only for those customers who are willing to take its risks and take these conditions into consideration before trading with “Capitalcore”:
(9.1.a) They are aware of and able to accept the financial, regulatory, and other risks associated.
(9.1.b) They are financially capable of assuming the loss of their invested capital, taking into account their individual financial conditions, financial capital and responsibilities.
(9.1.c) They fully understand Forex, CFDs and Binary Options, as well as the associated assets.
9.2. The Company will not give the Client any guidance or make any trading decisions on Forex, CFDs or Binary Options and their Markets. As a result, if the Client is unsure about the consequences, he can obtain advice and consultation from a qualified financial planner. If the Client also does not appreciate the risks of trading Forex, CFDs or Binary Options, he should refrain from doing so.
9.3. Forex, CFDs and Binary Options are financial Instruments whose valuation is derived from the values of the underlying assets and markets to which they relate. The rates at which the Company trades, are obtained from the Existing Assets Market. Since fluctuations in the price of the trading assets can impact the viability of Customers trading, it is critical that the Customers know the risks involved with investing in the related assets and markets.
9.4. Forex and related Financial Instruments transactions bear a high level of risk. The initial margin can be limited in comparison to the value of the Forex Market, resulting in transactions to be leveraged. d”.
9.5. A small price change can have a commensurately greater effect on the money the Customer has invested; this will operate both with and against the Client. If the market turns against the Client’s position, the Customer will be required to invest extra capital in order to keep his position. Failure to comply with increasing his account equity may result in the Positions to be closed.
9.6. Certain Orders (for example stop-loss orders, or stop-limit Orders), which are meant to limit losses to certain quantities, will not be sufficient if market conditions cause those Orders difficult to close. As a result, Stop Limit and Stop Loss Orders cannot always promise a loss limit as well as the Trailing stop and Expert Advisors (EA).
9.7. Financial Instruments have substantial implied volatility and have unpredictable price fluctuations. As a result, the Client must closely consider the high probability of both financial losses and gains. The price of Financial Instruments is determined by the price of the Underlying Asset to which they relate. They can be very unpredictable. The rates of These Instruments and can fluctuate quickly and over broad ranges, reflecting unanticipated occurrences or adjustments in situations that neither the Client nor the Company can monitor and control.
In such market conditions, executing a Client’s order at stated rates may be impractical, resulting in losses. Public, economic, industrial, and market guidelines and procedures, regional and international political and the dominant sociodemographic factors of the related market can all affect the prices of these Financial Instruments.
9.8. The Customer understands and agrees that, irrespective of any details provided by the Company, the price of Financial Instruments may oscillate whether toward lower or higher rates, and that the investment may also lose value. This is due to the margining mechanism used in such trades, which often entails a small deposit or margin in comparison to the total contract value, allowing a small change in the related Market to have a relatively large impact on the Customer’s position (order). When the Market moves in the Client’s favor, the Client can make a decent profit; however, a minor negative market change will easily result in the Client losing their total investment.
9.9. Trading CFDs entails the same risks as engaging in a Forex trade or Binary Options, Then the Client should be mindful when trading CFDs.
9.10. The Company’s Binary Options are Over the Counter trades. Since there is no exchange market on which to close out an Open Position, investments in OTC (Over The Counter) instruments can carry a higher risk than investing in on-exchange Instruments. It could be impractical to liquidate a current asset, determine the worth of a position resulting from an Over The Counter trade, or determine the risk exposure. Bid and Ask values are not required to be calculated, and even if they are, they would be determined by quote suppliers in these instruments, making it impossible to determine a reasonable price.
9.11. In the case of Binary Options, the Company uses an Online Trading Platform designed, programmed and provided by a third-party, which the Customer should take into consideration while trading with this trading platform that “Capitalcore” would not be liable for any security or functional deficiency It may have. The company can dispute on behalf of the Customer for any reported malfunctioning against the original provider but no results in the customer’s favor is guaranteed.
9.12. It can be difficult or impossible to liquidate a position under some market behaviors. This can happen, for example, during periods of excessive market volatility where the price increases or falls to the point that trading is interrupted or prohibited under the laws of the applicable market. Since market conditions will make it impractical to perform such an Order at the specified price, placing a Stop Loss would not actually restrict the Client’s losses to the expected values. Furthermore, under such market conditions, the fulfillment of a Stop Loss Order could be worse than the price specified, resulting in greater perceived losses than expected.
9.13. It is acknowledged that the Customer has no privileges, commitments nor rights relation to the Available Assets that he is buying in CFDs or Binary Options. The relevant assets are not going to be delivered to Customers.
9.14. If the customer opens and closes positions, the profit or loss can be accepted only if the positions are linked to the liquidity provider. If a deal lasts shorter than “Eight minutes”, it must be checked according to the findings of our providers. For the customer to accept his/her position, it is not enough to simply place and close a trade on one of our platforms. As a result, there is no assurance for the positions that have been closed before the mentioned timeframe to be accepted, and the Company considers them to be unlawful Scalping orders.
9.15. The Customer understands and agrees that, the broker has the right to check all the executed orders/positions at anytime by the relative department to ensure that all the placed orders/positions are lawful and without intention of any misuses. The customer acknowledges that it may take a while for the broker to check the trades/positions if needed and all the withdrawal/payout requests may be prolonged until the relative department comes to a conclusion about the mentioned orders/positions.
10.1. The term “Slippage” refers to the variation of a Trade’s estimated price and the price at which it is currently completed in a CFD or Forex. Slippage is common during times of increased market’s price fluctuations, making it difficult to execute an Order at a given price, when massive Orders are executed where there may not be enough demand at the target price level to sustain the predicted price of a transaction.
- BROKER’S SUGGESTIONS AND GUIDELINES
11.1. The Company will not provide the Customer with any financial advice or counsel him about the nature of a specific Trade, and the Customer understands that the Services do not contain any procurement of financial advice in Forex, Binary Options or CFDs. Only the Client can engage in Deals and trades and make pertinent judgments based on his own judgment. The Customer reflects that he has the necessary expertise, Markets and trading knowledge, expert opinion, and experience to assess the opportunities and risks of any Trade on his own.
The Broker makes no representations or warranties about the adequacy of the Instruments traded under this Contract, and it has no contractual responsibility to the Client.
11.2. The Company would not be obligated to offer any legislative, accounting, or other guidance to the Client in connection with any Transaction. If the Client is unsure if he will face tax obligations, he can pursue appropriate professional advice. Tax regulations are subject to adjustment from time to time, and the Client is advised to keep this in mind.
11.3. The Company can, at its decision, offer reports, advice, news, market analysis, or other information to the Customer in posts or news-feed that it may publish to its Website or provide to members through its Website or the Trading Platform, But the customers should know that:
(11.3.a) Such details would not be the responsibility of the Company.
(11.3.b) The Company makes no warranty, assurance, or commitment as to the authenticity, precision, or adequacy of such material, or the tax or legal implications of any relevant Trades and Transactions based on them.
(11.3.c) This data is given primarily to assist the Client in making his own investing choices and does not constitute trading guidance.
11.4. It is acknowledged that the Company’s business analysis, news-feed, terms and conditions (including this document) and other materials provided on the Company’s Website are subject to change and can be removed or changed at any time without prior warning.