TERMS AND CONDITIONS

Risk Warning

Prospective client should study the following risk Warning carefully. Please note that we have not explored or explain all the risks involved when dealing in Forex market. We outline the general risk of dealing in Forex market on a fair and non-misleading basis.

Contracts for Difference (CFD) trading carries a high level of risk to your capital and can result in losses that exceed your initial deposit. CFD trading may not be suitable for everyone, so please ensure that you fully understand the risks involved. Before deciding to trade, you need to ensure that you understand the risks involved considering your investment objectives and level of experience. Past performance of CFDs is not a reliable indicator of future results. Most CFDs have no set maturity date - CFD positions typically mature on the date you choose to close the relevant existing open position. You should seek independent financial advice, if you feel it is necessary or appropriate. Please read carefully the relevant Risk Disclosure, available here Legal Documentation.

Highly Volatile Instruments

Many Instruments are traded within wide range of intraday movements so client must carefully consider the fact that there is not only high probability of profit, but also of huge loss and client may loss the initial margin.

Effect of “Leverage”

When executing trading operations under margin trading conditions, even small market movements may have huge impact on a Client’s trading account due to the effect of leverage. The Client must consider that if the trend on the market is negative then, the Client may sustain a total loss of their initial margin and any additional funds deposited to maintain open positions. The Client shall hold full responsibility for all risks, financial resources used and the chosen trading strategy

We highly recommend maintaining a Margin Level no lower than 200%, as well as placing Stop Loss orders to limit potential losses.

Technical Risk

The Client shall be responsible for the risk of financial losses caused by the failure of information, communication, electronic and other system. The result of any system failure may be that his order is either not executed according to his instruction or it is not executed at all. The company does not accept any liability in the case of such failure.

While trading through the Client Terminal the Customer shall be responsible for the risk of financial loss caused by:
  •  a) Customers or Company’s hardware or software failure, malfunction or misuse.
  •  b) Poor Internet connection either on the side of the Customer or the Company or both, interruption or transmission blackouts or public electricity network failure or hacker attacks, overload of connection and server down.
  •  c) The wrong settings in the Client Terminal.
  •  d) Delayed Client Terminal updates.
  •  e) The Customer disregarding the applicable rules describe in the Client Terminal user guide and the Elmax website.

The Customer acknowledge that at time of excessive deal flow the Customer may have some difficulties to be connected over the telephone with a dealer, especially in a high volatile market (For example, When key macroeconomic indicators are released).

Third Party Risk

This notice is provided to client in accordance with applicable legislation.
  • a) The Company may pass money received from the customer to a third party (e.g. a bank, a market, intermediate broker, OTC counterparty or E-wallet clearing) to hold or control in order to effect a Transaction through or with that person or to satisfy the Client’s obligation to provide collateral (for example initial margin requirement) in respect of a Transaction. We are not responsible for any act or mistake of any third party to whom it will pass money received from the Clients.
  • b) The Third party to whom the Company will pass money may hold it in an omnibus account and it may not be possible to separate it from the Client’s money, or the third party’s money. In the event of insolvency or any other analogous proceedings in relation to third party, We may only have an unsecured claim against the third party on the behalf of client, and the Client shall be exposed to the risk that the money received by the company from the third party is insufficient to satisfy the claims of the client with claims in respect of the relevant account. The company does not accept any liability or responsibility for resulting any losses.
  • c) The Company may deposit Customer money with a depository who may have a security interest, lien or right of set-off in relation to that money.
  • d) A Bank or Broker through whom the Company deals with could have interests contrary to the Customer's Interests

Communications

  • a) The Client shall assume the risk of any financial loss caused by the Client either not receiving a notification from the Company.
  • b) The Client shall acknowledge that unencrypted information transmitted by email is not protected from unauthorized access.
  • c) The Client shall agree that the Company have the right to delete messages sent to the Client through internal mail 5 (five) days after they have been sent, despite the fact that the Client may not have received them yet.
  • d) The Client shall hold full responsibility for the safekeeping of information received from the Company and assumes the risk of any financial loss caused by unauthorized access to the Client’s trading account by a third party.