By accessing this site, you signify your agreement with and understanding of the following Terms and Conditions pertaining to both this site and any material at it.
For clients of primary capital markets, the Company reserves the right to change these Terms and Conditions at any time without notice to you. You are therefore responsible for regularly reviewing these Terms and Conditions. Continued use of this site following any such changes shall constitute your acceptance of such changes.
Ownership of Site
The Company owns and maintains this site. No act of downloading or otherwise copying from this site will transfer title to any software or material at this site to you. Anything that you transmit to this site becomes the property of the Company, may be used by the Company for any lawful purpose, and is further subject to disclosure as deemed appropriate by the Company, including to any legal or regulatory authority to which the Company is subject. The Company reserves all rights with respect to copyright and trademark ownership of all material at this site, and will enforce such rights to the full extent of the law.
This site and the information, tools and material contained in it are not directed to, or intended for distribution to or use by, any person or entity who is a citizen or resident of or located in any jurisdiction where such distribution, publication, availability or use would be contrary to law or regulation or which would subject the Company or its affiliates to any registration or licensing requirement within such jurisdiction.
Disclaimer of Warranty and Limitation of Liability
The information on this site is provided « As it is ». The Company does not warrant the accuracy of the materials provided herein, either expressly or impliedly, for any particular purpose and expressly disclaims any warranties of merchantability or fitness for a particular purpose. The Company will not be responsible for any loss or damage that could result from interception by third parties of any information made available to you via this site. Although the information provided to you on this site is obtained or compiled from sources we believe to be reliable, the Company cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you for any particular purpose. Neither the Company, nor any of its affiliates, directors, officers or employees, nor any third party vendor will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of this site, or resulting from the act or omission of any other party involved in making this site or the data contained therein available to you, or from any other cause relating to your access to, inability to access, or use of the site or these materials, whether or not the circumstances giving rise to such cause may have been within the control of the Company or of any vendor providing software or services support.
Under no circumstances will the Company be liable for any consequential, incidental, special, punitive or exemplary damages arising out of any use of or inability to use this site or any portion thereof, regardless of whether the Company has been apprised of the likelihood of such damages occurring and regardless of the form of action, whether in Contract, Tort (including negligence), Strict Liability, or otherwise.
The information contained in this site is intended for information purposes only. Therefore it should not be regarded as an offer or solicitation to any person in any jurisdiction in which such an offer or solicitation is not authorised or to any person to whom it would be unlawful to make such an offer or solicitation, nor regarded as recommendation to buy, sell or otherwise deal with any particular investment. You are strongly advised to obtain independent investment, financial, legal and tax advice before proceeding with any investment. Nothing in this site should be read or construed as constituting investment advice on the part of the Company, or any of its affiliates, directors, officers or employees.
The nature of investment in Financial Instruments is such that not all Financial instruments are suitable for everyone unless they:
- are knowledgeable in investment matters,
- are able to bear the economic risk of the investment,
- understand the risk involved,
- believe that the investment is suitable for their particular investment objective and financial needs and
- have no need for liquidity of investment
Should any non-professional investor invests in Financial Instruments, it is advisable that only a part of the sums that the investor intents to invest for long-term should be so invested.
It is also advisable that all investors should seek advice from a professional investment advisor before making any investment in Financial Instruments.
The site also contains links to Web sites controlled or offered by third parties. The Company has not reviewed, and hereby disclaims responsibility for, any information or materials posted at any of the sites linked to this site. By creating a link to a third party Web site, the Company does not endorse or recommend any products or services offered on that Web site.
If you communicate with the Company by e-mail, you should note that the security of Internet e-mail is uncertain. By sending sensitive or confidential e-mail messages which are not encrypted you accept the risks of such uncertainty and possible lack of confidentiality over the Internet. The Internet is not 100% safe and someone may be able to intercept and read your details.
Any personal information you provide us will be treated as confidential and shared only within the Company, its affiliates and its business partners and will not be disclosed to any third party except under any regulatory or legal proceedings. Web site tracking systems may also collect data detailing the pages you have accessed, how you discovered this site, the frequency of visits and so on. The information we obtain is used to improve the content of our web site and may be used by us to contact you, by any appropriate means, and to provide you with any information we believe may be useful to you.
Applicable Law and Jurisdiction
By accessing this site, you agree that the laws of the United Kingdom, England and Wales, without regard to Conflict of Laws principles thereof, will apply to all matters relating to the use of this site. In case of a dispute, you agree to the exclusive jurisdiction of the United Kingdom, England and Wales. In the event any of the Terms and Conditions shall be held to be unenforceable, the remaining Terms and Conditions shall be unimpaired and the unenforceable Term or Condition shall be replaced by such enforceable Term or Condition as comes closest to the intention underlying the unenforceable Term or Condition. This Agreement does not replace or in any way amend any other agreement you have entered into with the Company.
RISK WARNING: Contracts for Difference (‘CFDs’) are complex financial products, most of which have no set maturity date. Therefore, a CFD position matures on the date you choose to close an existing open position. CFDs, which are leveraged products, incur a high level of risk and can result in the loss of all of your invested capital. As a result, CFDs may not be suitable for all individuals. You should not risk more than you are prepared to lose. Before deciding to trade, you should ensure that you understand the risks involved and take into account your level of experience. You should seek independent advice, if necessary.
1. SCOPE OF THE NOTICE
1.1 primary capital markets (referred to as ‘primary capital markets’, the ‘Firm’, ‘us’, ‘we’ and ‘our’) provides you with this ‘Risk Disclosure Notice’ (the ‘Notice’) to help you understand the risks that might arise when trading Contracts for Difference (‘CFDs’). However, you need to bear in mind that the Notice does not contain all the risks and aspects involved in trading CFDs. The Client (referred to as the ‘Client’, ‘you’, ‘your’ and ‘yourself’) should carefully read the Notice in conjunction with the ‘Client Agreement’, the ‘Order Execution Policy’ and the documentation/ information available to you through our Website.
1.2 You need to ensure that any decision to engage in trading CFDs is made on an informed basis and in light of your knowledge and experience as well as to your personal circumstances (including but not limited to your financial position). In addition, you need to ensure that you understand the nature of CFDs and the extent of all risks and aspects involved in trading CFDs.
1.3 Please note that CFDs are leveraged financial products and therefore as such, trading CFDs involves a high risk of loss as price movements are influenced by the amount of leverage the client is using. For example, if a client is using 50 times leverage a movement of 0.5% will result in a gain or a loss of 25%. Nonetheless, as a result of the ‘Negative Balance Protection’ (‘NBP’) you may not lose more than your initial investment.
1.4 Trading CFDs is not be appropriate for all persons. Under no circumstances, you should risk more than you are prepared to lose.
1.5 For any capitalised term, which has not been defined in the Notice, please refer to Schedule A (‘Glossary’) of the ‘Client Agreement’.
2. APPROPRIATENESS ASSESSMENT
2.1 When processing your ‘Account Opening Form’ primary capital markets carries out an assessment of your appropriateness to trade CFDs and determines, based on information you provide us with, if you have sufficient knowledge and experience to understand the risks involved in trading CFDs. We will inform you of the results of our assessment but this does not relieve you of the need to carefully consider whether to trade CFDs with us. If we warn you that trading CFDs may not be appropriate for you, then you should refrain from trading CFDs until you attain sufficient knowledge and experience, for example you may trade CFDs on a demo account prior to trading CFDs in a live environment and you acquainted yourself sufficiently with the relevant risks.
3. NATURE OF CFDs
3.1 CFDs are agreements to exchange the difference in value of a particular instrument or currency between the time at which the agreement is entered into and the time at which it is closed. CFDs allow the Firm’s Clients to replicate the economic effect of trading in particular currencies or other instruments without requiring actual ownership of those assets; a full list of the CFDs on offer by primary capital markets is available on our Website.
3.2 CFDs are derivative products traded off-exchange (or Over-the-Counter (‘OTC’)); this means primary capital markets is at all times the counterparty to the Client trades and any CFD trades entered into with the Firm, can only be closed with us. Your ability to open and/or close trades is dependent on the availability of our trading platform(s).
3.3 You understand that you are not entitled to the physical delivery of the underlying instrument (or reference instrument) of the CFDs you are trading and you have no rights in the underlying instrument (such as voting rights in case you are trading CFDs on shares).
3.4 CFDs fluctuate in value during the day; the price movements of CFDs are determined by a number of factors including but not limited to availability of market information.
4. PRICES AND COST
4.1 The prices generated by our trading platform(s) are derived from the prices of the relevant underlying instruments, which the Firm obtains from third party liquidity/ price providers. The prices of CFDs that you trade with us include a mark-up; this means that the spreads offered by us comprise of (i) the raw spreads received from liquidity/ price provider(s) and (ii) a mark-up (where applicable).
4.2 For trading certain CFDs, the Client may be required to pay a commission and/ or other fees; these instances are described in detail in our Website. For all type of CFDs offered by the Firm, the commission (if applicable) and financing/ overnight fees are not incorporated into the Firm’s quoted prices and are instead charged explicitly to the Client Account(s). In the case of financing/ overnight fees, the value of opened positions in some types of financial instruments is increased or reduced by a daily financing fee ‘swap’ throughout the life of the trade. The financing fees are based on prevailing market interest rates. From Mondays to Thursdays swap is charged once for every business day and on Fridays swap is charged in triple size in order to account for the weekend; details of daily financing/ overnight fees applied, are available in our Website.
4.3 primary capital markets acts as market maker when executing Client trades and the Firm may profit from any Client losses.
4.4 You should not fund your Account using money obtained from any credit facility (including bank loan or otherwise). You should understand that your overall risks will be significantly increased. For instance, if you incur a loss on your trades, you will still have to repay any amount borrowed plus any interest or other costs. Therefore, you shall never finance any trades on such borrowed money and you should never rely on being able to profit on any trade, in order to repay such amounts.
5. MARKET CONDITIONS, REQUIRED MARGIN, LEVERAGE AND STOP-OUT LEVELS
5.1 Trading CFDs enables you to use leverage to open a trade by depositing a fraction of the total trade value; this means that a relatively small market movement may lead to a proportionately much larger movement in the value of your trade. For margin calculation purposes, the leverage level used will be the lower of: (i) the Account or (ii) symbol traded. This logic applies on all our trading platforms.
5.2 During the account opening process the default leverage is set at 1:50. You reserve the right to request a higher leverage but this will be at the discretion of the Firm and subject to the Client’s appropriateness assessment.
5.3 Financial markets may fluctuate rapidly to reflect events that are outside the control of the Firm and/or your control; as a result, prices will become volatile. One form of price volatility is ‘gapping’, which occurs when there is a sudden shift in prices from one level to another. This can be caused, for example by unexpected economic events or market announcements, within or outside trading hours. Consequently, primary capital markets may be unable to execute your instructions at the requested price. In addition, if prices move against you, this will have a direct and real time impact on your trades, which may be automatically stopped-out. It is possible that you all your trades will be stopped-out; not just the ones that are loss making.
5.4 You should note that any changes made to your leverage level, on an already traded Account, can immediately affect your open positions and may result in a stop-out.
5.5 It is your responsibility to monitor the required margin of your open positions and in order to avoid a stop-out you may have to fund your Account.
5.6 For further information, please refer to the ‘Margin and Leverage’ section of the ‘Order Execution Policy’.
6. FOREIGN EXCHANGE AND OTHER RELATED RISKS
6.1 You will be impacted by foreign exchange movements, if you are trading in a product that is denominated in a currency other than the currency of your Account. Any currency conversion calculations are provided by the Firm to the Client in the currency in which the Client account is denominated and the currency of the relevant CFD, using the cross spot rate.
6.2 Your capacity to trade CFDs may also be affected as a result of changes in the legal, regulatory, taxation environment and/or other.
7. TECHNICAL RISKS
7.1 We try to generate prices continuously and provide you with access* to our trading platforms throughout the trading sessions as indicated on our Website. However, there are instances where this is not possible; for example, instances of poor telecommunication/ internet connectivity, system errors and outages and/or other factors. The above may cause prices to change between the time an order is placed and the time the order has been received by the Firm. In addition, these technical risks may significantly impact the execution of your orders.
* Access to our trading platforms includes access via mobile applications
8. DEPOSITS AND WITHDRAWALS – REFUND POLICY
8.1. The Trading Account shall be activated upon the Client depositing the Initial Margin, according to the type of Client Account, as determined by the Company in its discretion from time to time.
8.2. The Client may deposit funds into the Trading Account at any time during the course of this Agreement. Deposits will be made via wire transfer or any other the methods accepted by the Company from time to time. The Company will not accept third party or anonymous payments in the Client Account. Deposits for Margin and any other deposits due will, unless otherwise agreed or specified by us, be required in the Currency of the Trading Account, based on your country of origin as specified in your address and as shall be specified on the Trading Platform. We shall not, and you shall not request us to, convert any monies standing to your credit or which have been paid by you into your Trading Account in one currency to another currency. The detailed information about deposit options is shown on the Website.
8.3. The Company shall have the right to request the Client at any time any documentation to confirm the source of funds deposited into the Client Account. The Company shall have the right to reject a deposit of the Client if the Company is not duly satisfied as to the legality of the source of funds.
8.4. When making a credit or debit card deposit, the Player’s account will be debited immediately upon completion of the transaction.
8.5. If by any reason the funds sent by the Client are not deposited in the Trading Account when they were supposed to, the Client shall notify the Company and request from the Company to make a banking investigation of the transfer.
8.6. The Company shall effect withdrawals of Client funds upon the Company receiving a relevant request from the Client to the same source from which they originated and withdrawal request must be of a minimum of $50.
8.7. Upon the Company receiving an instruction from the Client to withdraw funds from the Client Account, the Company will pay the said amount within one (1) to five (5) Business Days, if the following requirements are met:
(a) the withdrawal instruction includes all necessary information in the Personal Area;
(b) the instruction is to make a transfer to the originating account (whether that is a bank account, a payment system account etc) from which the money was originally deposited in the Trading Account or at the Client’s request to a bank account belonging to the Client;
(c) the account where the transfer is to be made belongs to the Client;
(d) at the moment of payment, the Client’s Balance exceeds the amount specified in the withdrawal instruction including all payment charges;
(e) the Client must be fully verified according to Verification guidelines set forth on the Website.
(f) withdrawal amount is higher that $50.
8.8. It is agreed and understood that withdrawals will only be effected towards the Client. The Company will not to make withdrawals to any other third party or anonymous account.
8.9. The manner in which we remit monies to you will be in our absolute discretion. The Company reserves the right to decline a withdrawal request of the Client asking for a specific transfer method and the Company has the right to suggest an alternative.
8.10. All payment and transfer charges of third parties will be borne by the Client and the Company shall debit the relevant Trading Account for these charges.
8.11. Withdrawal fees may apply from time to time depending on the Client or type of Trading Account. The applicable fees may be found on the Company’s Website.
8.12. Mistakes made by the Company during transfer of funds shall be refunded to the Client. It is understood that should the Client provide wrong instructions for a transfer, the Company may be unable to correct the mistake and the Client may have to bear the loss.
8.13. We reserve the right to seek reimbursement from you, if we receive a charge-back from any credit card issuer or with respect to any other payment method, for any reason. We may obtain such reimbursement by charging your Trading Account, deducting amounts from future payments owed to you, charging your credit card or obtaining reimbursement from you by any other lawful means. All bank charges howsoever arising will be deducted from your Trading Account.
8.14. There are no withdrawals allowed until a trading volume of 25 times the Bonus and the total investment is reached
9. CLIENT MONEY
9.1 If you are categorised as a retail client, any money that we hold on your behalf will be kept in one or more segregated accounts with an institution within or outside the European Economic Area (‘EEA’), separated from the Firm’s money.
10. NO ADVICE
10.1 primary capital markets may, from time to time and as often as it deems appropriate, issue and/or distribute third party material (the ‘Material’), which contains information including but not limited to the conditions of the financial markets, posted through our Website and other media and/or received by you. It should be noted that the Material is considered to be marketing communication only and does not contain, and should not be construed as containing, investment advice and/or an investment recommendation and/or, an offer of or solicitation for any transactions in financial instruments; any decision to enter into a specific transaction shall be made by the Client following an assessment by him/herself of their situation. primary capital markets makes no representation and assumes no liability as to the accuracy or completeness of the information provided, nor any loss arising from any investment based on a recommendation, forecast or other information supplied by any employee of primary capital markets, a third party or otherwise. The Material is not prepared in accordance with legal requirements promoting the independence of investment research and it is not subject to any prohibition on dealing ahead of the dissemination of investment research. All expressions of opinion included in the Material are subject to change without notice. Any opinions made may be personal to the author and may not reflect the opinions of primary capital markets.
10.2 primary capital markets does not provide investment, financial, legal, tax, regulatory or other advice relating to investments or trading CFDs. Any material or information or other features, which may be provided to you through our Website, trading platforms, marketing or training events or otherwise, is generic and shall not be treated as advice appropriate for you or based on a consideration of your personal circumstances. You should seek independent professional advice from a suitably qualified advisor, if necessary, prior to engaging in trading CFD with us.
11. PAST PERFORMANCE
11.1 Past performance, simulation or prediction of CFDs does not constitute an indication of future results. You should note that the value of your investment can decrease (as well as increase) as the market price of the underlying asset may fluctuate downwards (or upwards).
The Cookie text files comprise numbers and letters. The cookie files are saved into special areas in the memory of your computer or mobile device. Cookies stored here are called session cookies with cookies placed into the hard drive called persistent cookies.
Please note that not all the cookies on our sites are set by us.
primary capital markets respects the privacy of any user that accesses its site(s); therefore, the Firm is committed in taking all reasonable steps in safeguarding any existing or prospective clients, applicants and visitors.
In order to open an account with primary capital markets, you must first complete and send an application form by completing the required information. By completing the application form you are requested to disclose private information in order to enable the Firm to evaluate your application and comply with relevant rules and regulations. This information may also be used by the Firm to inform you regarding its services. Moreover, information about you may also be collected by any correspondence made with us by phone, e-mail or otherwise; including information which you enter when you register to use our site, subscribe to our service or any other activities carried out on our website or any connected applications.
Confidentiality and Client’s Personal Data Protection
Any clients’ personal data is kept by primary capital markets according to the Processing of Personal Data (Protection of the Individual) Law of 2001, its amendment (Law No. 37(I)/2003) and the Processing of Person Data (Protection of Individual) (Amending) Law of 2012 (Law No. 105(I)/2012) and the Regulation of Electronic Communications.
primary capital markets UK Limited is registered with the Information Commissioner’s Office, any clients’ personal data is kept by primary capital markets in accordance with the relevant laws and regulations.
primary capital markets shall not disclose to a third party, any of its clients’ confidential information unless required to do so by a regulatory authority of a competent jurisdiction; primary capital markets will endeavour, to make such disclosures on a ‘need-to-know’ basis, unless otherwise instructed by a regulatory authority. Under such circumstances, the Firm shall expressly inform the third party regarding the confidential nature of the information.
Clients accept and consent that primary capital markets may, from time to time, contractually engage companies for statistical and/or other purposes in order to improve the Firm’s business activities; as a result, some or all of the clients’ personal data may be disclosed.
Disclosure of your information
We may share your personal information with any member of our group, which means any subsidiaries, ultimate holding companies and its respective subsidiaries may receive such information. We may also share your information with certain third parties including business partners, suppliers and sub-contractors and advertisers. In the event that primary capital markets discloses information to business parties, for instance, card processing companies or banks, in order to effect the services requested by the clients; such third parties may store your information in order to comply with their legal and other obligations.
Information we may collect about you
Tracking systems used on the Firm’s site(s) may collect data detailing the pages you have accessed, how you discovered this site, the frequency of visits etc; this information is obtained in order to improve the content of the Firm’s site(s) and may also be used by primary capital markets to contact you, through an appropriate mean, and provide you with any information the Firm believes to be useful.
With regards to each of your visits to our site, we may, automatically collect information including internet protocol (IP) address, login information, browser type and version, time zone, phone numbers used to call our customer service number. We may receive information about you from third parties, for instance business partners, sub-contractors, advertising networks, analytics providers, search information providers, credit reference agencies.
If you no longer wish to receive any communication from the Firm, you may opt-out of by following the relevant instructions included in each communication sent by primary capital markets. primary capital markets reserves the right to contact you, albeit the fact that you have opted out, in cases where primary capital markets deems such contact as necessary.
You shall be notified accordingly if your personal information is collected by any third party that is not our agent/ service provider, so you can make an informed decision as to whether or not you want to share your information with that party.
primary capital markets uses both session ID cookies and persistent cookies. A session ID cookie does not expire when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your Internet browser’s ‘Help’ file.
primary capital markets sets a persistent cookie for statistical purposes. Persistent cookies also enable the Firm to track and target the location and the interests of users that access the primary capital markets site(s) and to enhance the experience of services offered.
If you reject cookies, you may still use the primary capital markets site(s).
Security and Protection of your personal information
The personal information that you provide in connection with registering yourself as a user of the site(s) or of the services is classified as ‘Registered Information. ‘Registered Information’ is protected in many ways. You can access your ‘Registered Information’ through a username and password selected by you. It is your responsibility to ensure that your password is encrypted and known only to you. Your password must not be revealed to anyone. ‘Registered Information’ is safely stored on secure servers that only authorised personnel have access to via a username and password. The Firm encrypts all personal information as it is transferred to primary capital markets and thus makes all necessary effort to prevent unauthorised parties from viewing any such information. Personal information provided to primary capital markets that is not ‘Registered Information’ also resides on secure servers and is again accessible only by authorised personnel via a username and password this information cannot be accessible by you, therefore no password shall be provided in order for you to modify this.
Transmission of information via the internet is not always completely secure; we will exercise all endeavours to protect your personal data yet we cannot guarantee the security of your data transmitted; any transmission is at your own risk. Once we have received your information we will use procedures and security features to try to prevent unauthorised access.
primary capital markets reserves the right to disclose your personally identifiable information as required by rules and regulations and when the Firm believes that disclosure is necessary to protect our rights and/or to comply with any judicial and/or other proceedings, court order, legal process served or pursuant to governmental, intergovernmental and/or other regulatory bodies. primary capital markets shall not be liable for misuse or loss of personal information and/or otherwise on the Firm’s site(s) that primary capital markets does not have access to or control over. primary capital markets will not be liable for unlawful or unauthorised use of your personal information due to misuse or misplacement of your passwords, negligent or malicious intervention and/or otherwise.
Changes in this Privacy Statement
We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page.