KBS Capital Markets LTD ( operating under dhe trade name ‘TOP CAPITAL FX’ ) is a company incorporated under the laws of Marshall Island with registration number 102016 ( hereinafter ‘the Company’ or ‘WE’ or ‘Our’ ) The company will offer its services via domain name www.topcapitalfx.com ( hereinafter the ‘website’) The company may also register and operate other websites mainly for promotional and marketing purposes in languages other than English. The Client accepts and understands that the official language of the company is the English Language
The client (the “client,” “customer,” “you,” “he/she”) affirms that by using our Services, he or she had read this document thoroughly, understood and agreed with everything that is written herein. This document, which is a legal contract between the client and TOP CAPITAL FX (“ KBS Capital Markets LTD,” “Company,” “we,” “us,” “our”, “established in Trust Company Complex, Ajeltake Road, Ajeltake Island, Majuro, Marshall Islands.”), shall determine the responsibilities and rights of KBS Capital Markets LTD and its clients in connection with the Company’s services.
General Risk Disclosure
CFD and/or Forex trading carry a high risk of loss and is not suited for everyone. These Services are offered by the Company and in addition are indices, commodities, currencies and metals for trade. By using the Services of the Company, you confirm that you are trading at your own risk and that you are aware of all the associated liabilities and costs, and that you are capable of managing your transactions on a regular basis. Please read KBS Capital Markets LTD Declaration of Risk statement for more detailed information.
Trading Forex and Derivatives carries a high level of risk to your capital, and should therefore only invest in funds manageable by your own means.
I have read the following Terms and Conditions, including all the KBS Capital Markets LTD’s Policies.
I understand all such terms and that these Terms and Conditions, together with all policies are an inseparable part of a binding agreement between me and KBS Capital Markets LTD (the “Agreement”).
I am over 18 and the information provided in this application is true and correct and that I will notify KBS Capital Markets LTD of any material changes.
KBS Capital Markets LTD may not be able to ascertain the appropriateness of any product to me, including due to lack of experience or undisclosed information.
I have entered full, accurate and truthful details, including my residential address and identity. KBS Capital Markets LTD may at any time without limitation amend any of the terms set out in this agreement by posting such information on our website.
I confirm that I got an opportunity to trade on a demo platform and/or read a tutorial and I understand as a consequence how to trade and the RISKS that are involved. In addition I have read and understood the risks that are involved with trading in all the instrument that KBS Capital Markets LTD provide.
By filling the Subscription Form I request and agree to open an account for myself and confirm that I have read and understood all policies and terms including the Risk Disclaimer and Terms and Conditions.
KBS Capital Markets LTD offers access to its website and services to clients that accept the terms and conditions. By using the website you explicitly confirm that you have read these Terms and Conditions and agree to them.
Our obligations are subject to any limits or restrictions which we may agree in writing, and any statutory, regulatory, legal or market requirements.
The following terms and conditions apply to all users and in case you require additional information on any of the subjects presented below, feel free to contact our customer support at any time. You must first read and then accept these Terms and Conditions in order to benefit of the best services provided by KBS Capital Markets LTD and the agreement is effective upon acceptance. If you don’t agree to be bound by the terms and conditions of the present agreement, make sure to inform us in writing. If KBS Capital Markets LTD decides to make any amendments they will be posted online and in order to keep trading on the website, you might be asked to accept the new terms.
In order to be eligible to operate your trading with KBS Capital Markets LTD you must be over the age of 18 and to fully understand the risks involved. You hereby acknowledge that you have the knowledge and experience to trade and understand the risks involved. We can’t be held responsible for any damage or loss and we are not responsible for verifying whether you possess sufficient knowledge or whether your trading choices are wise.
The same conditions apply regarding legal restrictions. You should understand in full that trading, investments and similar operations are regulated in a different way, throughout the world. The fact that you can access our website and use the tools KBS Capital Markets LTD offers doesn’t necessarily mean that it is legal in your country to do so.
Users accessing this site are required to inform themselves about the jurisdiction restrictions and you are hereby declaring that the funds you are using for trading are not originating from any criminal activity or otherwise breach any law.
Do not abuse the license or services provided to you. By accepting the Terms and Conditions you will be granted a limited license, but you can’t deep-link to the website or copy and resell the materials appearing on KBS Capital Markets LTD. The information provided by us should be used entirely for executing transactions inside or within KBS Capital Markets LTD.
Please note that closing or suspending your account due to a breach of the terms of service and explicitly the Acceptable Use Policy, may entail loss due to the closing of positions.
Do not provide false or inaccurate information. The license granted will be terminated if we notice that the data you provide is not accurate and you will cease to access the services. You agree that KBS Capital Markets LTD can terminate your access to any of the services offered for online trading at its sole discretion and with or without notice and close your transaction.
The present terms and conditions state that under no circumstances shall KBS Capital Markets LTD or its employees be liable for lost profits or any kind of damage occurring during trading, due to connection to our website, including negligence. In any proven circumstance, the liability of KBS Capital Markets LTD is limited to our last monthly commissions received of money you transferred or deposited in your trading account.
Additional Terms and Conditions
The Preamble to these terms of service is inseparable part thereof and together with all company policies constitute a binding Agreement between the User and KBS Capital Markets LTD.
You and any person making use of the Site are referred to hereunder as “User” and/or Client.
By accessing, visiting and/or using this Site, any person so doing (hereinafter: “User”) unequivocally and unreservedly expresses his or her binding agreement to any and all of these Terms and Conditions, constituting a binding agreement between the User and KBS Capital Markets LTD, and undertakes to fully comply therewith. Any and all activity on, with and/or via this Site shall be governed by these Terms and Conditions.
BY USING THIS SITE IN ANY WAY YOU CONFIRM YOUR UNREVOCABLE ACCEPTANCE AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT ANY OF THESE TERMS AND CONDITIONS OR ANY OF THE POLICIES – YOU CANNOT USE KBS Capital Markets LTD’s SERVICES AND PLEASE STOP USING THIS SITE AT ONCE.
Permitted Use: Any User must be aged 18 or older and legally permitted to engage in usage of this Site under the laws applicable to him/her. User represents that he or she has full legal capacity to enter into legally binding agreements. Users may not make commercial and/or serial and/or automated use of this Site. This Site strictly forbids any use of data mining, data gathering, bandwidth theft, offline browsing plug-ins and software and/or download and/or batch download or access and any access via any software except for the main common and official web browsers.
Your Account and the Bank Account: Upon receipt of your application, we may carry out credit or other checks as we deem appropriate from time to time including without limit obtaining references from your bank, employer or credit agencies (if applicable). Credit reference agencies will record details of the search irrespective of whether your application proceeds or not. We reserve the right to carry out further credit checks at anytime whilst this Agreement is in force.
- You acknowledge and accept that we may use credit scoring methods to assess your application. This may affect our decision on whether to accept the application or whether to alter the way in which your Account will operate.
- You must notify us immediately of any material changes to any of the information set out in your Application Form.
- In the event that your Application Form is accepted we will open an Account for you and provide you with a user ID and account number. You must not disclose these details to any other person. In the event that you believe that these details are known by a third party then you will notify us immediately. You will assist us in investigating any misuse of your Account.
- You confirm that we are not obliged to confirm or check the identity of anyone using or quoting your Account.
- You confirm that we shall be entitled (but not obliged) to make any payments owed to you to one single account for all sums. We may (but are not obliged to) agree to transfer monies to different Bank Accounts. Notwithstanding the fact that we agree to do so, we shall not be liable for any mistakes made by us in the amount transferred provided that the aggregate sum transferred pursuant to this Agreement is correct.
- Funds appearing on Clients’ account may include agreed or voluntary bonuses and incentives, or any other sums not directly deposited by the Client or gained from trading on account of actually deposited funds (“Non-Deposited Funds”). Please note unless otherwise explicitly agreed, Non-Deposited Funds are not available for immediate withdrawal. Further, due to technical limitations, Non-Deposited Funds may be assigned to Client’s account in certain occasions (for example, for the technical purpose of allowing the closing of positions or an indebted account). PLEASE NOTE NON-DEPOSITED FUNDS, including profits gained on account of or derived of the same, are not Client’s funds. If a withdrawal of Non-Deposited Funds has been confirmed, KBS Capital Markets LTD shall have full right to reclaim any and all such funds.
Further Covenants: In addition to the above and without limiting the generality of this clause, you:
- Confirm that the Bank Account details are complete and accurate and that you will notify us immediately if these change and will provide us with such documentation as we request in respect of such revised Bank Account;
- Confirm that (unless otherwise agreed by us) the Bank Account relates to a bank account opened in your country of main residence;
- Acknowledge and accept that we are under no obligation to transfer any monies to or accept any monies from any account other than the Bank Account.
- Except in the case of fraud (that not includes fraud from a third party), we do not accept responsibility for any loss or damage suffered by you as a result of your trading on monies deposited in or credited to your Account in error by or upon our behalf.
- We reserve the right to close or suspend your Account at any time in accordance with the terms of this Agreement.
- Acknowledge explicitly that KBS Capital Markets LTD has the right to change the amount of margin that is allowable per any trading due to market volatility, without prior notice.
- Multiple Accounts: Except as otherwise expressly provided in this Agreement, if you have more than one Account with us, each Account will be treated entirely separately. Therefore, any credit on one Account (including monies deposited as margin) will not discharge your liabilities in respect of another Account unless we exercise our rights under this Agreement.
- Joint Accounts/beneficiaries: If an Account belongs to multiple users or to a corporation, company, partnership or any other corporate body, all beneficiaries or signatories will be required to approve a withdrawal.
Linking to this Site: Creating or maintaining any link from another Site to any page on this Site, without KBS Capital Markets LTD’s written permission is prohibited. Running or displaying this Site or any information or material displayed on this Site in frames or through similar means on another Site without our prior written permission is prohibited. Any permitted links to this Site must comply will all applicable laws, rules and regulations and ethical conduct on the internet.
IP and Copyright Notice: All texts, graphics, sounds, information, designs, applications, content, source codes and object code files, and other material displayed on or that can be downloaded from this Site are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with prior written permission of the owner of such material (hereinafter: “information” or “data”). The information on this Site belongs to KBS Capital Markets LTD or its respective affiliates and suppliers and may not be copied or used without prior approval. You may not modify the information or materials displayed on or that can be downloaded from this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.
Force majeure: Whilst we will endeavor to comply with our obligations in a timely manner we will incur no liability whatsoever for any partial or non-performance of our obligations by reason of any cause beyond our reasonable control including but not limited to any communications, systems or computer failure, market default, suspension, failure or closure, or the imposition or change (including a change of interpretation) of any law or governmental or regulatory requirement and we shall not be held liable for any loss you may incur as a result thereof.
- Without prejudice to the generality of this clause, the following events shall be considered as an event of force majeure:
- where we are (in our opinion) unable to maintain an orderly market as a consequence of civil unrest, terrorism, strikes, riots or power or communication failure;
- Excessive volatility in the financial markets;
iii. Suspension, closure or liquidation of underlying markets.
- Without prejudice to the generality of this clause, in the event of force majeure we will be entitled to:
- alter trading times;
- Alter the Margin Requirement;
iii. Close or cancel any open contracts/positions.
Trademarks: Certain trademarks, trade names, service marks and logos used or displayed on this Site are registered and unregistered trademarks, trade names and service marks of KBS Capital Markets LTD and its affiliates. Other trademarks, trade names and service marks used or displayed on this Site are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Site without the written permission of KBS Capital Markets LTD.
Logins Security: It is your responsibility to maintain your Account at all such times. This includes ensuring that the required level of margin is in place. If you have more than one Account, this responsibility will relate to each Account separately, unless we have agreed otherwise in writing with you.
Every person using a login (whether or not in fact such person is a duly authorized Client) will be deemed to be authorized to enter into the system and/or (as the case may be) to give any other instructions or communications on behalf of KBS Capital Markets LTD’ Client that is represented by the login according to the registration information provided by KBS Capital Markets LTD. KBS Capital Markets LTD will act on such instructions without being obliged to obtain any further written or other confirmation, and, for the avoidance of doubt, the relevant transaction fees shall become payable.
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 anti-money laundering. KBS Capital Markets LTD 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 KBS Capital Markets LTD 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 IMPLIED WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
You must read the Risk Warning Notice and all the other documents supplied to you in connection with this Agreement very carefully. DO NOT submit the Online Application Form if you are unsure as to the effects of this Agreement or the nature of the risks involved. By clicking on the “Submit” button and submitting the Online Application Form to us, then you is acknowledging that you have read the documents supplied and that you understand and accept the terms of this Agreement.
KBS Capital Markets LTD and/or any or all of its subsidiaries, affiliated companies, agents, employees, lawyers, trustees, bankers and/or officers does not regulate and/or oversee and/or verify the information published on this Site, including articles, trading information, quotes, et cetera. KBS Capital Markets LTD’ sole responsibility and endeavor is to facilitate trading and provide information and articles deemed useful. KBS Capital Markets LTD shall not incur any liability, in any way, or otherwise bear any damages and/or expenses to any user or third party, except for return of last monthly fees (to the extent that such fees were actually paid to KBS Capital Markets LTD), and subject to the terms set herein. KBS Capital Markets LTD shall not be liable to denial of service on any grounds, whether general, personal or specific. KBS Capital Markets LTD shall not be liable in any way for information, software, products and/or services provided by third parties.
The Site may be, at any time and at KBS Capital Markets LTD’ sole discretion, be off-line for maintenance or for any other reason, and service may be denied, temporarily and/or continually and/or indefinitely, of any person at no liability to KBS Capital Markets LTD. KBS Capital Markets LTD doesn’t guarantee that you will be able to access the website at any time and location and it doesn’t make any warranties with respect to the web site content. Without limiting the foregoing, KBS Capital Markets LTD will not be held responsible for an impossibility of executing trading orders, due to letdowns in the operation of informational systems due to technical faults, which are beyond its control.
Neither KBS Capital Markets LTD nor any of its respective affiliates, subsidiaries, agents, employees and officers warrant the accuracy or completeness of the information, materials or services provided on or through this website. The information, materials and services provided on or through this website may be out of date, and neither KBS Capital Markets LTD nor any of its respective affiliates makes any commitment or assumes any duty to verify, validate or update such information, materials or services.
Except as explicitly set herein and under specific conditions, We DO NOT provide any advisory service. All transactions, investments and decisions are at your own discretion and risk.
KBS Capital Markets LTD and/or any or all of its subsidiaries, agents, employees and/or officers, does not assume any responsibility, or will be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Site, or your downloading of any information or materials from this Site.
IN NO EVENT WILL KBS Capital Markets LTD OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE, BE LIABLE TOWARDS YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE. IF YOU ARE A REGISTERED USER YOU MAY RECEIVE A RETURN OF FEES RECEIVED BY KBS Capital Markets LTD WITHIN THE PREVIOUS MONTH WITH RESPECT TO SERVICES THAT WERE FULLY DENIED AS A RESULT OF AN ACT OR OMISSION BY KBS Capital Markets LTD. ALL CLAIMS AGAINST KBS Capital Markets LTD SHALL BECOME OBSOLETE WITHIN 12 MONTHS OF THE OCCURANCE GIVING RISE TO THE CLAIM. IN THE EVENT OF ANY PROBLEM WITH THE INFORMATION, PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, ASIDE OF THE ABOVE SAID, IS FROM THE 3rd PARTY PROVIDER OF SUCH INFORMATION, PRODUCTS OR SERVICES.
The above disclaimers means that KBS Capital Markets LTD does not undertake to provide any service and/or any and all functionality on the Site. This also means if you believe you have any claim against KBS Capital Markets LTD it should be presented with no delay and shall be null and void within 12 months of the first time it came to be.
Revisions to these Terms and Conditions: Without prejudice to the above, User acknowledges and accepts that KBS Capital Markets LTD and its legal advisors are fully entitled at all times to amend, add to and/or revoke any and all of these Terms and Conditions, at its sole discretion, without giving User any notice thereof. Any such amendment, addition or revocation shall become fully effective and binding upon being posted on Site. You should visit this page to review the then current Terms and Conditions binding on you. Certain provisions of these Terms and Conditions may be added to or superseded by legal notices or terms located on particular pages of this Site. This means that these Terms and Conditions may be reasonably amended from time to time by KBS Capital Markets LTD, and shall apply to any user immediately. KBS Capital Markets LTD shall maintain a link to these Terms and Conditions on every page on the Site, and state the last date these Terms and Conditions were updated on.
Choice of Law; Jurisdiction: These Terms and Conditions supersede any other agreement between you and KBS Capital Markets LTD to the extent necessary to resolve any inconsistency or ambiguity between them. A printed version of these Terms and Conditions will be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. These Terms and Conditions, as well as any dispute arising there from or in connection therewith shall be brought before the courts of law which shall have exclusive jurisdiction over the same.
Dispute Resolution; Arbitration: The parties will attempt in good faith to negotiate a settlement to any claim or dispute between them arising out of or in connection with this Agreement. If the parties fail to agree upon terms of settlement, either side may submit the dispute to confidential arbitration proceedings by a sole arbitrator under the ICC ADR Rules, whose decision shall be final and binding. The arbitration proceedings shall be conducted in English, in a place mutually agreed by Parties. Without derogating of the provisions above, this clause explicitly sets exclusive jurisdiction to said arbitration process, and neither Party shall be entitled to submit any dispute to the courts of its domicile which contradicts said arbitration process.
Termination: You or we may suspend or terminate your account or your use of this Site at any time, for any reason or for no reason. Except for the withdrawal of accumulated funds, you will not be entitled to any remedy for discontinuing the services, all subject to our WD policy and applicable laws and regulations. We reserve the right to change, suspend, or discontinue all or any aspect of this Site at any time without notice.
Additional Assistance: If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact us at any time.
This means you should contact us beforehand if anything of these Terms and Conditions is unclear, unfair or unacceptable to you.
Assignment to Third Parties: KBS Capital Markets LTD is fully entitled to assign, grant, transfer or sublicense any and all of its rights provided for herein, including any rights with regards to information or data, wholly or in part, to any third party whatsoever. This means that the agreement between User and KBS Capital Markets LTD on the terms set under the Terms and Conditions may be assigned, in full or in part by KBS Capital Markets LTD, but not by the User. These privileges as well as the limitations of liability are KBS Capital Markets LTD’ one-sided prerogatives under these Terms and Conditions but this Site would not be feasible without them.
No Waiver: KBS Capital Markets LTD’ acquiescence to any breach of These Terms and/or failure to exercise any right provided for herein shall be without prejudice to KBS Capital Markets LTD’ legal rights and remedies, and shall not be held to preclude and/or debar it from exercising or seeking any of the same.
Severability: Should any provision herein be deemed void or invalid by any court of law having proper jurisdiction, such provision shall be severed, and shall not in any way vitiate or detract from the effect and/or validity of any or all remaining provisions herein. This means that if a specific article in these Terms and Conditions is ruled by a competent court as unenforceable for any reason, then such ruling shall only apply to the respective specific articles or provisions and not to this entire agreement.
How do we protect your personal information?
We implement a variety of security measures to maintain the safety of your personal information when you enter, submit, or access your personal information.
We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.
After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers.
Keeping your password safe: You should make sure that you don’t share the password with anyone and remember that KBS Capital Markets LTD’ personnel will never ask you for the password. If this happens and someone claims to be working for KBS Capital Markets LTD, don’t provide them with any information and make sure you notify our customer service at once. Pick a password that is hard to intercept and change it every couple of months. Also remember to log out as soon as you stop trading with KBS Capital Markets LTD, whenever you leave the computer and after every session.
The first step to start trading is to open an account and this process, simple as it is, requires you to enter some personal data such as your first and last name, email and phone number. Additional details, as well as proof of identity may be required of you at any time KBS Capital Markets LTD will maintain the privacy of all your personal data we collect, including age, occupation or marital status. You may be required to provide the copies of ID, passport and photograph, in accordance with any policies, laws or regulations that require such documents to be delivered. Furthermore, in some jurisdiction you may also need to submit financial information, investment experience and risk tolerance, all as may be required under law.
In order to have unrestricted access to the trading account and be able to trade with ease, these documents and information may be required. There is no obligation on your part to submit them, but if you don’t, you won’t be able to open the account and trade online. Additionally, it is important to keep us informed about your personal data as soon as something important changes, so your profile will always be up to date, and as required under any law.
Underage and Child Privacy
By using this website you state and represent that you are over the age of 18 or any agree restriction applicable in your jurisdiction in order to participate in trading, as any laws applicable to your may dictate. If you are under aged and entered the site by mistake, you should stop using the website and inform us promptly and we will conform with the applicable laws and regulations that apply to you and your personal information.
Regardless of the foregoing, in order to protect child privacy, we never knowingly collect or maintain information from users under 13, and no part of our website is structured to attract anyone under the age of 13. Should Website ever collect or maintain any such information, it will comply with the Children’s Online Privacy Protection Act (COPPA) and any other applicable law, under the appropriate jurisdiction.
Please note any and all usage of the site and services is subject to the Terms and Conditions, as may be amended from time to time by KBS Capital Markets LTD, at its sole discretion.
The Cybersecurity Interpretive Notice, issued by the National Futures Association (“NFA”) and approved by the Commodity Futures Trading Commission, becomes effective March 1, 2016. The Notice requires all Members of NFA (futures commission merchants, swap dealers, major swap participants, introducing KBS Capital Markets LTD s, forex dealer members, commodity pool operators and commodity trading advisors) to have in place practices that are reasonably designed to diligently supervise the risks of unauthorized access to or attack of their information technology systems, and to respond appropriately should unauthorized access or attack occur. Even though KBS Capital Markets LTD is not a member of the NFA, and do not accept US clients and clients in jurisdictions where their local laws do not allow working with international dealers in securities, KBS Capital Markets LTD shall do its best efforts to comply with such terms.
The parties will attempt in good faith to negotiate a settlement to any claim or dispute between them arising out of or in connection with this Agreement. If the parties fail to agree upon terms of settlement, either side may submit the dispute to confidential arbitration proceedings by a sole arbitrator under the ICC ADR Rules, whose decision shall be final and binding. The arbitration proceedings shall be conducted in English, in London, UK or another place agreed by Parties. Without derogating of the provisions above, this clause explicitly sets exclusive jurisdiction to said arbitration process, and neither Party shall be entitled to submit any dispute to the courts of its domicile which contradicts said arbitration process.
When you open an account with The Company the payment will be debited from your credit card immediately.
If you are not satisfied with The Company trading platform for any reason, you have the right to apply for a refund of your remaining balance.
Please note that if you have received a bonus, you will have to follow the bonus T&c.
If you decide to apply to refund your purchase, all logins and memberships will be deactivated.
Whether your application will be approved or declined shall be at the sole discretion of the Company.
Please allow up to 48 hours for our customer support team to approach your request. Our support team will contact you to confirm your request or to ask for additional information if needed.
All refunds will be issued in the form of payment in which they were made.