Terms & Conditions

This Agreement is executed between you (hereinafter “the Client”) and Markets Capital Ltd, address: Trust Company Complex, Ajeltake Road, AjeJtake Island, Majuro, Republic of the Marshall Islands MH 96960. (hereinafter “the Company). Clearing and billing services are done by the MARKETS CAPITAL LTD address: 24 Holborn Viaduct, City Of London, London, England, EC1A 2BN

FXMarketsCapital.com is an
affiliate of the Markets Capital LTD and utilizes the trading systems, infrastructure, technology, operations and
personnel of the group to facilitate customer services

Please read these terms and conditions carefully. By accessing this site, you agree to be bound by the terms and conditions below (and in particular but without limitation to the exclusion of warranties and liabilities, below). If you do not agree to the terms and conditions below, do not access this site, or any part of it.

This Agreement shall be governed by and construed in accordance with the laws of the Marshall Islands. You irrevocably agree to submit to the exclusive jurisdiction of the courts of the Marshall Islands. for settlement of any disputes or matters arising out of or concerning this Agreement or its enforceability.

Acceptance of customers

FXMarketsCapital.com does not accept U.S. based customers. FXMarketsCapital.com does not not accept any customers from the following jurisdictions (citizens or residents): Iran, North Korea, Yemen, Syria III. · Jurisdiction Clause about Cardholders’ responsibilities regarding laws in jurisdiction Unlawful usage: You are prohibited from making any unlawful usage of this Site, and are informed and aware to the fact that in addition to these terms and conditions and any and all policies for usage of this Site, you may and are expected to be subjected to laws and regulations applicable in your or any relevant jurisdiction, including any promulgations related to gambling, securities, taxation and/or antimoney laundering. Markets Capital does not encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials and/or User from this Site. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials. · User undertakes that any and all information provided by him is true, accurate, complete and up-to-date. · User undertakes to indemnify, defend and hold On jurisdiction clause Markets Capital harmless, as well as any and all of its subsidiaries, agents, employees and/or officers, against or from any liabilities, obligations, claims, debts, expenses etc., in any way connected with any misuse or abuse of the site, information or services provided or contained herein, including in particular (but not limited to) any breach of these Terms and Conditions and/or violation of any law whatsoever (including any violation or infringement of any third party rights) and/or any breach of any applicable third party terms and conditions; · No Warranties express or implied: USE THIS SITE AT YOUR OWN RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPOLIED WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY.

 

Use of Information

You must only use this site in accordance with all applicable laws. You must not load or transmit through the site any computer virus or anything designed to interrupt the proper operation of the site. You shall not copy or reproduce the site in whole or in part or otherwise make the same available to any person.The information and materials contained in these pages are subject to change. Unauthorized use of FXMarketsCapital.com web sites and systems including but not limited to unauthorized entry into FXMarketsCapital.com systems, misuse of passwords, or misuse of any information posted on a site is strictly prohibited.

Liability Limitation

In no event will FXMarketsCapital.com be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this site or any linked site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure.

Trading

FXMarketsCapital.com allows you to perform various transactions, which are based on various indices that shall be defined by us from time to time and to receive financial information and various other services as FXMarketsCapital.com will determine in its sole discretion. Prior to effecting any transaction, we advise you to read the explanations that may be found on the website regarding each type of transaction. The rules of trade are set exclusively by FXMarketsCapital.com.
Customer authorizes FXMarketsCapital.com to assume trading positions for Customer’s Account in accordance with Customer’s instructions received through the Online Trading System to the Markets Capital. Customer agrees to be conclusively responsible for any instruction received electronically that is identified with Customer’s password and Account number and for any electronic, oral and or written instruction (including, but limited to, any Order) to FXMarketsCapital.com from persons FXMarketsCapital.com, in its sole judgment, believes are apparently authorized by Customer.

Price Quote

FXMarketsCapital.com will show the current price of a share or an index, and offer you the opportunity to enter position in respect of such share. Each position shall be for a specified expiry time.FXMarketsCapital.com expects that the current prices will be reasonably related to the actual prices of such shares available in the market. FXMarketsCapital.com makes no warranty, express or implied, that the quoted prices represent prevailing quoted prices.

Order Execution

FXMarketsCapital.com will attempt to execute all the instructions that it may, in its sole discretion, accept from Customer in accordance with Customer’s instructions received through the FXMarketsCapital.com. Customer acknowledges, understands and agrees that FXMarketsCapital.com is not acting as a broker, intermediary, agent, and advisor or in any fiduciary capacity.
Transmission

FXMarketsCapital.com shall have no responsibility for delays in the transmission of orders due to disruption, failure or malfunction of communications facilities and shall not be liable for any claims, losses, damages, costs or expenses, including attorneys’ fees, to any person or entity arising.
FXMarketsCapital.com reserves the right to limit the number of the Open Positions that  the Customer may enter or maintain in his Account. FXMarketsCapital.com reserves the right to limit the total amounts to be invested by any Customer in general or specifically.  FXMarketsCapital.com reserves the right, in its sole discretion, to refuse to accept any Order opening a new position or increasing an Open Position.
Charges

At this time FXMarketsCapital.com charges no brokerage fees or commissions, however FXMarketsCapital.com reserves the right to change its fee structure at any time without notice. Fees do not currently, but may in the future include such things as statement charges, order cancellation charges or account transfer charges.

Cessation of Trading. Trading on FXMarketsCapital.com on any part thereof may be ceased without notice at any time. Customer shall not have any claim or right to indemnification due to losses incurred as a result of such cessation, whether in respect of open positions or transactions that Customer intended to execute.

Cancellation. FXMarketsCapital.com shall have the right to unilaterally cancel, by means of a notice to Customer, any transaction of Customer which, due to an error, including a computer or system error, was effected at a price which does not reflect our published price. Non authorized Automatic or semi automatic trading mechanism integrated by the client on the browser or client side, that does not involve human execution, will be considered back door API or system abuse that may result to an account suspension and/or position cancellation. Positions that were taken in this way are resulted in prices that wouldn’t have been accepted or filled in the general market therefore will be consider as an off market transactions which will be resulted in cancellation.

Withdrawals

An approved Withdrawals takes 72 Hours and may take up to max 7 business days to reflect in your account. Withdrawal orders: The provision of documentation or any other type of Client authentication as may be required from time to time by Anti Money Laundering (AML) regulations

Withdrawals must always be processed to the same source from which they originated. Credit card deposits may be, according to credit card companies regulations, returned to same credit card when a withdrawal is performed. A withdrawal to a bank account where initial deposits have been performed by credit cards will be executed back to credit card or to bank account at company’s discretion. Withdrawals to bank account or to credit card accoutns may take a longer time period, due to additional security procedures and documentation from the Client.

In order to qualify for a withdrawal with an account at FXMarketsCapital.com that has not been awarded any bonus, the funds deposited must be turnover once. By way of example, if client deposits 500$, client must achieve a turnover of 500$ or more in order to be eligible to withdraw any funds. Turnover is defined as the sum of the value of all bets made excluding the value of any bets that have been cancelled either by the client or by FXMarketsCapital.com.
If turnover requirements are met, client may withdraw funds from the FXMarketsCapital.com platform. The client will be charged a processing fee of up to 1% of the withdrawal amount, or 50$ (or in equivalent currency), whichever is bigger .The amount agreed is at FXMarketsCapital.com.com discretion.
If the client wishes to withdraw funds from the account where the turnover requirement has not been met, for either initial or subsequent deposits, client may do so, however they will be charged a further 20% processing fee of the withdrawal amount.

Dormant Accounts 

An account that there have been no transactions (trading / withdrawals / deposits), for 1 calendar month or more will be considered as dormant account.
Dormant accounts will be charged a monthly maintenance fee of 5% from a total client deposit or the full amount of the free balance in the account, not less than 50 USD  per month.
There will be no charge if the free balance is zero. Consequently, FXMarketsCapital.com has a right to close all accounts with a zero free balance. Client accounts in which there have been no transactions (trading / withdrawals / deposits), for a set period of 12 months, will be considered by FXMarketsCapital.com as being final dormant accounts and all funds will be forfeited.

Proof of identity

On every deposits we will ask our traders to send us for the following documents in order to validate your account, within ten business days. · A photocopy of your valid passport, driver’s license, or national identification card · A utility bill or bank statement from the last two months with your address clearly shown. · A photocopy of the front of the credit card which you used to make your deposit. * You will need to send us this information for every card you use to make deposit · No third party deposits are allowed on the website.

All requests to withdraw money will have to be submitted with the required document. Requests to withdraw money which are not supported by the required documents will not be completed until such documents are provided.

KYC Policy

you are required to contact every customer and the following must be collected: · Copy of ID · Proof of address (e.g. cable bill, water bill, bank statement) · It is advisable that the Merchant collects a copy of the registered payment card with covered first twelve numbers and CVV code

Liquidation of Accounts and Deficit Balances

In the event of:
(a) (i) the death or judicial declaration of incompetence of Customer, if Customer is a natural person;
(ii) the filing of a petition in bankruptcy, or a petition for the appointment of a receiver, or the institution of any bankruptcy, insolvency or similar proceeding by or against Customer;
(iii) the filing of an attachment against any of Customer’s Accounts carried by FXMarketsCapital.com;
(iv) failure to pay when due any amount due under this Agreement or any Contract or other transaction hereunder or to deliver to FXMarketsCapital.com when due any margin or Collateral required or requested by FXMarketsCapital.com in connection with this Agreement or any Contract or other transaction hereunder;
(v) Customer’s failure to promptly provide FXMarketsCapital.com any information requested pursuant to this Agreement;
(vi) any representation made by Customer in this Agreement (including the Annexes) is or at any time becomes, untrue or incorrect; and
(vii) any breach by Customer to manually close USDHKD before 12 months from openning date will result in deduction of 50% of clients trading account balance ;
(b) insufficient margin, or FXMarketsCapital.com determination that any Collateral deposited to protect Customer’s Account is inadequate, regardless of current market quotations, to secure Customer’s Account; or
(c) any other circumstances or developments that FXMarketsCapital.com, in its sole discretion, deems appropriate for its protection, FXMarketsCapital.com may, in its sole discretion, take one or more, or any portion, of the following actions:
(1) satisfy any obligation Customer may have to FXMarketsCapital.com (either directly or by way of guarantee or suretyship) out of any of Customer’s funds or property in the custody or control of FXMarketsCapital.com;
(2) sell or purchase any or all Contracts and any securities or other property held or carried for Customer; and
(3) cancel any or all outstanding positions or other transactions or commitments made by or on behalf of Customer.

Any of the above actions may be taken without demand for margin or additional margin, without prior notice of sale or purchase or other notice to Customer, Customer’s legal representatives, heirs, executor, administrator, trustee, legatee, successors or assigns and regardless of whether the ownership interest is held individually or jointly with others. Any prior demand or notice of sale or purchase shall not be considered a waiver of FXMarketsCapital.com right to sell or buy at any time in the future without demand or notice as provided above. In the event the proceeds realized pursuant to liquidation are insufficient for the payment of all liabilities of Customer due to FXMarketsCapital.com, Customer shall promptly pay upon demand the entire amount of any such deficit, together with all other deficits and all unpaid liabilities of Customer, including, but not limited to, all costs of enforcement and collection, such as, but not limited to, attorneys’ fees, witness fees and travel expenses, interest on any such deficit and liabilities at a rate equal to three (3) percentage points above the then prevailing prime rate at FXMarketsCapital.com principal bank or the maximum interest rate allowed by law, whichever is lower. In the event FXMarketsCapital.com incurs expenses other than for the collection of deficits, with respect to Customer’s Account, Customer agrees to pay such expenses.

Trade Confirmations

Positions executed online will be confirmed online at the time of the position being made. Customer agrees to immediately call to FXMarketsCapital.com attention any information that Customer has reason to believe is inconsistent with Customer’s own information. Customer understands, acknowledges and agrees that errors, whether resulting in a profit or loss to Customer, shall be corrected only to the extent of the value of Customer’s investment in the position, and Customer’s Account will be credited in such manner and extent as to place Customer’s Account in the same position in which it would have been immediately prior to the error having occurred.
Communications

Customer shall notify FXMarketsCapital.com immediately of any change in Customer’s address by e-mail to support@fxmarketscapital.com .. All communications sent by Customer shall not be deemed effective until accepted by FXMarketsCapital.com.

Bonuses

Occasionally FXMarketsCapital.com offers bonus promotions via e-mail,phone or our front page. The bonus is a great tool to increase your profits – here is what you should know: The bonuses are applied to your account the following business day after you deposit. To receive the bonus in your account, you need to reach the deposit amount required. You may not receive a bonus for a deposit when at the same time you have a pending withdrawal. Once the bonus is received, you need to trade the value of your deposit + bonus 30 times to withdraw any bonus or profit. After you have reached the required conditions (our live chat and phone support team is always happy to advise you of your status) – you can withdraw any amounts without any restrictions. If you wish to withdraw earlier, you may request the bonus to be removed at any time, which will allow you to withdraw. You may participate in the bonus multiple times, and withdraw from your account each time you reach the trading volume. Our conditions are always very fair and simple – we want you to enjoy the bonus and know this is a great opportunity enjoy a great return on investment.

FXMarketsCapital.com Responsibilities

FXMarketsCapital.com shall not be liable to Customer for any claims, losses, damages, costs or expenses, including attorneys’ fees, caused, directly or indirectly, by any events, actions or omissions, including, without limitation, claims, losses, damages, costs or expenses, including attorneys’ fees, resulting from civil unrest, war, insurrection, international intervention, governmental action (including, without limitation, exchange controls, forfeitures, nationalizations, devaluations), natural disasters, acts of God, market conditions, inability to communicate with any relevant person or any delay, disruption, failure or malfunction of any transmission or communication system or computer facility, whether belonging to FXMarketsCapital.com, Customer, any market, or any settlement or clearing system.

Intellectual Property and Confidentiality

All copyright, trademark, trade secret and other intellectual property rights in the FXMarketsCapital.com Online Trading System shall remain at all times the sole and exclusive property of FXMarketsCapital.com and/or its 3rd party service providers and Customers shall have no right or interest in such Trading Systems except for the right to access and use the Trading Systems as specified herein. Customer acknowledges that the Trading Systems are confidential and have been developed through the expenditure of substantial skill, time, effort and money. The Customer will protect the confidentiality of FXMarketsCapital.com and/or its 3rd party service providers by allowing access to the Trading Systems only by its employees and agents on a need to access basis. Customer will not publish, distribute, or otherwise make information available to third parties any information derived from or relating to the Trading Systems. Customer will not copy, modify, de-compile, reverse engineer, and make derivative works of the Trading Systems or in the manner in which it operates.

Indemnification

Customer agrees to indemnify and hold FXMarketsCapital.com, its affiliates, employees, agents, successors and assigns harmless from and against any and all liabilities, claims, losses, damages, costs and expenses, including attorneys’ fees, incurred by FXMarketsCapital.com arising out of: (i) Customer’s failure to fully and timely perform its obligations hereunder; and (ii) any of Customer’s representations and warranties made that may at any time be untrue or incorrect and (iii) any act or omission of Customer. Customer also agrees to pay promptly to FXMarketsCapital.com any and all claims, losses, damages, costs and expenses, including attorneys’ fees, incurred by FXMarketsCapital.com in the enforcement of any of the provisions of this Agreement, any transactions hereunder, and any other agreements between FXMarketsCapital.com and Customer and the collection of any amounts due hereunder and there under.

Limitation of Liability

IN NO EVENT SHALL FXMarketsCapital.com BE LIABLE FOR INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, SAVINGS, OR REVENUES OF ANY KIND, REGARDLESS OF WHETHER FXMarketsCapital.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FXMarketsCapital.com AGGREGATE LIABILITY FOR ALL DAMAGES ARISING UNDER THIS AGREEMENT SHALL IN NO EVENT EXCEED 100% OF THE AMOUNT ALLOCATED BY CUSTOMER FROM THE ACCOUNT TO THE TRANSACTIONS THAT GIVES RISE TO THE CLAIM WHICH FORMS THE BASIS FOR SUCH DAMAGES.

 

Amendments

Customer understands, acknowledges and agrees that FXMarketsCapital.com may amend or change this Agreement at any time. Customer agrees to be bound by the terms of such amendment or change. No waiver or amendment of this Agreement may be implied from any course of dealing between the parties or from any failure by FXMarketsCapital.com or its agents to assert its rights under this Agreement on any occasion or series of occasions. No oral agreements or instructions to the contrary shall be recognized or enforceable.

Termination

This Agreement shall continue and be in effect until termination by Customer or FXMarketsCapital.com. Customer may terminate this Agreement if: (i) Customer has no open positions and no liabilities held by or owed to FXMarketsCapital.com; and (ii) Customer has provided seven (7) days’ written notice to FXMarketsCapital.com by e-mail to support@FXMarketsCapital.com and (iii) FXMarketsCapital.com has accepted the notice . FXMarketsCapital.com may, in its sole discretion, terminate this Agreement at any time, effective as of the close of business on the day notice is sent to Customer. Termination by either party shall not affect any Contracts or other transactions previously entered into and shall not relieve either party of any obligations set out in this Agreement, nor shall it relieve Customer of any obligations arising out of any deficit balance.

Entire Agreement

This Agreement together with the Customer Account Application embodies the entire agreement between FXMarketsCapital.com and the Customer, superseding any and all prior written and oral agreements.

Recordings

Customer acknowledges and agrees that any and all conversations between Customer and FXMarketsCapital.com principals, agents, employees or associates, including the FXMarketsCapital.com customer service and operations desks may, at the option and in the sole discretion of FXMarketsCapital.com, be recorded electronically with or without the use of an automatic tone warning device. Customer further agrees to the use of such recordings and transcripts thereof as evidence by either party in connection with any dispute or preceding that may arise involving Customer or FXMarketsCapital.com.

Binding Effect

This Agreement shall be continuous and shall cover, individually and collectively, all Accounts of Customer at any time opened or reopened with FXMarketsCapital.com, irrespective of any change or changes at any time in the personnel of FXMarketsCapital.com or its successors, assigns, or affiliates. This Agreement, including all authorizations, shall inure to the benefit of FXMarketsCapital.com and its successors and assigns, whether by merger, consolidation, or otherwise and shall be binding upon Customer and/or the personal representatives, heirs, executor, administrator, trustee, legatees, legal representative, successors and assigns of Customer.

Severability

If any clause of this Agreement is determined void or invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect.

Acceptance

This Agreement shall not be deemed to be accepted by FXMarketsCapital.com or become a binding contract between Customer and FXMarketsCapital.com until the signed Customer Account application has been received and approved by FXMarketsCapital.com. In the event that there are any unauthorized alterations or deletions to this Agreement or related documents such alteration and deletions shall not be binding on FXMarketsCapital.com and said original forms shall govern Account.

Risk Warning

This Risk Warning Notice cannot and does not disclose all the risks and other significant aspects of option and derivative trading. You should not engage in option and/or derivative trading unless you understand the nature of such trading, how these instruments work, how you make a profit or a loss and the extent of your exposure to risk and loss.
If you are in any doubt, please, seek professional advice.
Before deciding to participate in option and derivative trading, you should carefully consider your investment objectives, level of experience and risk appetite. Most importantly, do not invest money you cannot afford to lose.
There is considerable exposure to risk in any transaction, including, but not limited to, leverage, creditworthiness, limited regulatory protection and market volatility that may substantially affect the price, or liquidity of an option or derivative.
Moreover, the leveraged nature of option and derivative trading means that any market movement might have an extreme and sometimes not-proportional effect on your deposited funds. This may work against you as well as for you.
There are risks associated with utilizing an Internet-based trading system including, but not limited to, the failure of hardware, software, and Internet connection. FXMarketsCapital.com is not responsible for communication failures or delays when trading via the Internet. FXMarketsCapital.com employs backup systems and contingency plans to minimize the possibility of system failure.

Any opinions, news, research, analyses, prices, or other information contained on this website are provided as general market commentary, and do not constitute investment advice. FXMarketsCapital.com.com is not liable for any loss or damage, including without limitation, any loss of profit, which may arise directly or indirectly from use of or reliance on such information. FXMarketsCapital.com has taken reasonable measures to ensure the accuracy of the information on the website. The content on this website is subject to change at any time without notice.

Payment cards per user

Cardholder must always be the same as the person on the registered ID · Limit of 3 cards per customer.

Transfer between accounts

No transfers of funds between the accounts on the binary options/Forex platform is forbidden.