Terms and Conditions
Our Term and Conditions
- 1.1. This Agreement is made between AlphixCapital Ltd, reg. no. 23757 IBC 2016. Registered address: St. Vincent and the Grenadines (hereinafter called the “Company” or “we” or “us”), on the one part, and the Client (“Client” or “you” or “user”), on the other part.
If you download the Company software for the purpose of a trading demonstration, your acceptance of the terms and conditions contained in this current Agreement is implied even if you do not enter into a client relationship with the Company.
- 1.2. This Agreement supersedes any other agreements or arrangements made by the Company or any of its agents, affiliates or introducers.
- 1.3. This Agreement shall be deemed binding upon and for the benefit of Parties and their legal successors and assignees.
2. Provision Of Services
- 2.1 The investment services provided by the Company to the Client are the execution of orders on behalf of the Client in relation to the financial instruments offered for investment.
3. Restrictions Of Services
- 3.1. The Company retains the right to refuse the provision of its services to any person or persons. Without prejudice to this right, the investment is specifically prohibited for use by:
(a) persons under the age of 18 years old or who are not of sound mind or legal competence;
(b) persons residing in any country where trading activities as can be carried out on the Company platform are prohibited on legal or religious grounds;
(c) restricts access to providing service in certain countries or regions such as Japan, USA, Canada, Germany and New Zealand.
(d) employees, directors, associates, agents, affiliates of the Company;
4. Investment Commentary
- 4.1 Nothing on the Company website is intended to provide, or should be construed as providing, any investment, tax or other financial related advice of any kind. No part of the site should be considered as a substitute for professional financial advice.
- 4.2 If you should choose to enter into any transactions based on any content or part of the site then any consequences arising out of such transactions are you sole and exclusive responsibility.
- 4.3 Any opinions expressed or advice offered by any individual participants is considered as nothing more than conversational exchanges. Company does not provide investment advice directly, indirectly, implicitly, or in any other manner whatsoever.
5. Acknowledgement Of Risks
- 5.1 CFDs, spot metals, futures or any other commodities offered by the Company and its partners are leveraged products and as such involve a high degree of risk. It is possible the Client will lose all his/her original capital. Leveraged products are not suitable for everyone and the Client acknowledges and understands all the risks involved. The Client should seek independent financial advice before entering into any trade of any products offered by the Company.
- 5.2 The Client understands that significant loses may be incurred from the trade of leveraged products. The Company is in no way responsible for any losses incurred from the Client’s trading activities.
6. Trademarks and Copyrights
- 6.1 Company logo and any other trademarks displayed on this Site are the proprietary service marks or trademarks of Company or third parties. Company trademarks may not be used in connection with any product or service that is not the property of Company in any manner that is likely to cause confusion among consumers, or to disparage or discredit Company.
- 6.2 All other trademarks and service marks not owned by Company that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Company. You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on the Site without the express written permission of the owner of such.
- 6.3 Any and all content on this Site, including, but not limited to, works of authorship, publications, presentations, price data, trade data, aggregated trade information, past, present or future performance information, blogs, blog posts, user reviews and/or comments, design, text, graphics, photos, logos, icons, images and data, including any improvements or modifications to and and all such content, any works based deriving from any and all such data and the collection, arrangement and assembly of all content on this Site are the property of Company or its licensors and are protected under international copyright and other intellectual property laws.
7. Platform Use
- 7.1. The Client is granted access to the MT4 Platform only under the terms of the licence as contained in this Agreement and only for the specific purposes for which the Platform has been designed and access granted to the Client. The Company makes no representations as to the suitability quality or reliability of the Platform.
- 7.2 The Client is solely responsible for the provision of and any applicable fees for the necessary infrastructure to connect to the Platform. This includes any and all computers, tablets or mobile devices and internet connection where required. The Client is solely responsible for the integrity of his/her account including but not limited to any passwords which may be used to access the Platform or any other of the Company’s systems.
- 7.3 The Client is responsible for the maintenance and security of any and all computers, tablets or mobile devices used to access the Platform, and is further responsible for protecting such systems from computer viruses or malware. The Client will take all measures necessary to protect the Company from the transmission of such viruses or malware.
- 7.4 The Client is expressly prohibited from carrying out any and all actions to reverse engineer the Platform or other products provided by the Company, circumventing or attempting to circumvent any security measures put in place by the Company, attempt to intercept or modify any communications by the Company, attempt to inject any virus, malware or other code of malicious or any other nature into the platform. The Client will in no way carry out any action which may damage the integrity of the Platform or the Company or any other users on the Company systems.
- 7.5 In the event that any issues arise out of misuse of the Platform either intentionally or accidentally, the Client agrees to cooperate fully in any investigation undertaken by the Company into said issue.
- 7.6 The Client agrees that he/she is responsible for the integrity of any passwords or other access date used to access the Platform. Any unauthorised access is the Client’s sole responsibility.
- 7.7 Should the Company have reasonable belief of third-party use of the Client’s access data, Client account may be deactivated without any further notice at the Company’s discretion.
8. Application and Assessment Of Suitability
- 8.1. Following receipt of the Client’s Account Application, the Company shall perform such checks as are deemed necessary to satisfy the partners internal compliance and KYC (Know Your Clients) procedures. It is understood that no application can be approved before the Client provides all documentation as required by the Company account opening procedures. It is understood that in certain cases and for citizens and/or residents of certain countries additional documentation may be required from the Client before an account can be approved.
- 8.2 Once the application has been approved, the Company shall inform the Client in writing. In the event the application is not approved, the Company is not obliged to provide the reasons for any such rejections but may do so at own discretion.
- 8.3 Once an application is approved and the Client receives notification of approval from the Company, this current Agreement comes into effect in its entirety.
9. Execution Of Orders
- 9.1 The Client understands that all orders executed on the platform are orders executed on an OTC (Over The Counter) basis and are not part of any centrally regulated market.
- 9.2 Client may initiate and close transactions on the Company platform for the financial instruments offered by the Company. Such transductions may be modified by the Client through the use of Stop Loss or Take Profit limits for example.
- 9.3 Client orders are executed at the prices offered on the platform. Due to market conditions and the high volatility, actual executed prices may differ from the prices displayed on the Company website or other sources.
- 9.4 The Company may rely and act on any order placed on the Platform or via telephone call by using the Access Data or placed by facsimile transmission bearing the signature of the Client (or of his/her Authorised Representative), without any further communication to the Client. Any such Orders are understood to be binding upon the Client.
- 9.5 The Client understands and acknowledges that the Company may remove or suspend any financial instruments from the Platform at its sole discretion.
- 9.6 The Company shall use all reasonable efforts to execute Client orders, but it is mutually agreed and understood that transmission or execution of Client orders may not always be successful for reasons which are beyond the control of the Company.
- 9.7 Client orders may only be placed within the normal trading hours of the Company. These are available on the platform website and may be amended from time to time.
10. Client Funds
- 10.1 Company shall take every possible measure to safeguard Client funds and such funds will be placed in segregated accounts with banks of the Company’s choosing.
11. Deposits – Withdrawals
- 11.1 The Company shall provide one or more trading accounts allowing the Client to place orders on the Company’s platform. Said account or accounts will become activated when the Client has deposited funds into sad account or accounts according to the Company’s deposit requirements.
- 11.2 Client may make additional deposits to his/her account or accounts in the currencies accepted by the Company and using the deposit methods supported by the Company.
- 11.3 The Company has the right to request any documentation from the Client to support the origin or legality of the funds deposited into Client account or accounts. Client understands that in the event such documentation cannot be provided or is insufficient for whatever reason, Company retains the right to block the Client account or accounts until such time as the origin of the deposited funds can be verified.
- 11.4 The Company has the right to reject any deposit into the Client account or accounts.
- 11.5 Withdrawals shall be made in accordance with the Company’s withdrawal procedures and will be executed within 5 (five) business days from receipt of the Client withdrawal request.
- 11.6 Withdrawals will only be made using the payment methods supported by the Company.
12. Force Majeure
- 12.1 The Company shall not be liable to the Client for any failure to perform any obligation arising under this Agreement if the failure is caused by circumstances beyond the control of the Company. Such circumstances include but are not limited to the following:
- a. acts of God, war, floods, fire, earthquakes or other natural disasters;
- b. terrorist attacks, civil war or threat thereof
- c. labour disputes which affect the Company
- d. attacks by hackers or DDOS attacks on the Company website(s);
- e. suspension of trading or liquidity or closure of markets or limitation of access by Company to price quotations or any such event;
- g. the interruption of power supplies or other utility directly related to the execution of the Company’s obligations under this current Agreement;
- h. any law or action taken by government or public authority;
- 12.2 In the event of such Force Majeure occurring, the Company may, without prior notification to the Client, take any actions it deems necessary including inactivating the Client account and halting any and all operations on said account until such time as the Force Majeure event ceases to exist.
- 13.1 This Agreement can be terminated by either Party by giving 5 (five) days written notice to the other Party. During this period of termination notice, the Client is obliged to close any open positions. The Company reserves the right to close any open positions that remain open after the termination notice period.
- 13.2 Upon termination, the Company reserves the right to restrict Client access to the Platform or other Company systems.
14. Disclaimer of Warranties
- 14.1 The Site is provided “”as is””. The Company and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranty of merchantability, fitness for a particular purpose and non-infringement. Neither the Company nor its suppliers and licensors, makes any warranty that the Site will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through the Site at your own discretion and risk.
- 14.2 To the full extent covered under applicable law, the Company makes no representations or warranties of any kind, expressly or implied, as to the accessibility, operation and/or use of the site or the information, content, materials or services on or accessed via the site, including but not limited to the warranty of merchantability, fitness for any particular purpose, title, non-infringement, and implied warranties arising from course of dealing or course of performance.
- 14.3 Neither the site, nor any information, content, materials, or services offered via the site, constitute or are intended to constitute a solicitation or any offer to buy an interest in any security, investment advice or a recommendation or promotion of any currency transaction, futures contract, security or other financial product, investment advice, or trading or investment strategy.
- 14.4 The Company does not represent or guarantee that the information on or accessible via the site is accurate, complete, reliable or current, and the Company shall not be responsible for any errors or omissions therein. Any adverse consequences resulting from your use of the site are your own responsibility. The Company makes no representations and warranties that the site will be uninterrupted, secure, or free of errors or viruses, or other harmful components.
- 14.5 Under no circumstances shall the Company or any of its affiliates, directors, officers, employees, agents or representatives (The Company parties) be liable to you or any third party for damages of any kind arising out of the use of, access to, reliance on, inability to use or improper use of the site, any information posted on the site by its users, or any other information, content, materials or services available on the site (including, but not limited to, any direct, indirect, special, punitive, incidental or consequential damages or damages for loss of profits, goodwill or revenue, business interruption, or loss of data), even if advised of the possibility of such damages, and regardless of the form of action, whether in contract, tort, or otherwise.
- 19.1 Client agrees to indemnify and hold harmless the Company, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Platform, Company website(s), including but not limited to your violation of this Agreement.
- 21.1 This Agreement is made in the English Language. Any version in any other language will be for convenience purposes only. In the event that any discrepancies exist between the original English and any translated languages, the English version shall prevail.
- 18.1. 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.
- 18.2 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.
b.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.
- 19.1 The Company 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.