Notice: Please read these Terms and Conditions carefully.
By accessing this site and any pages thereof, you agree to be bound by the Terms and Conditions below. If you do not agree to the Terms and Conditions below, do not access this site, or any pages thereof.
Distribution and responsibility of visitors: The information on this website is not intended for distribution to, or use by, any person in any country or jurisdiction where such distribution or use would be contrary to local law or regulation. None of the services or investments referred to in Capital City Markets Limited websites are available to persons residing in any country where the provision of such services or investments would be contrary to local law or regulation.
It is the responsibility of visitors to this website to ascertain the terms of and comply with any local law or regulation to which they are subject. Nothing on the Capital City Markets Limited websites shall be considered a solicitation to buy or an offer to sell any product or service to any person in any jurisdiction where such offer, solicitation, purchase or sale would be unlawful under the laws of such jurisdiction.
Limitations on investment guidance and professional advice: The Capital City Markets Limited websites are not intended to provide legal, tax or investment advice. You are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance. You should consult your legal or tax professional regarding your specific situation.
Intellectual property: The Capital City Markets Limited websites are protected by applicable intellectual property laws. Except as expressly stated herein, you may not without prior written permission from Capital City Markets Limited alter, modify, reproduce, distribute or commercially exploit any materials, including text, graphics, video, audio, software code, user interface design or logos, from this or any Capital City Markets Limited website.
If you link from another website to a Capital City Markets Limited website then your website, as well as the link itself, may not, without prior written permission from Capital City Markets Limited, suggest that Capital City Markets Limited endorses, sponsors or is affiliated with any non-Capital City Markets Limited website, entity, service or product, and may not make use of any Capital City Markets Limited trademarks or service marks other than those contained within the text of the link.
The Capital City Markets Limited websites, excluding third party content, are original works of authorship published by Capital City Markets Limited. Capital City Markets Limited has the exclusive rights to reproduce, display, prepare derivative works or distribute. The names, logos, trademarks, copyright and all other intellectual property rights in all of the material and software on this website are owned by Capital City Markets Limited or its licensors. All third-party owned materials contained on the website are reproduced with the permission of the respective owners.
Third party content and research: The Capital City Markets Limited websites may include general news and information, commentary, interactive tools, quotes, research reports and data concerning the foreign exchange markets, other financial markets and other subjects.
Some of this content may be supplied by companies that are not affiliated with any Capital City Markets Limited entity (“Third Party Content”). The source of all Third Party Content is clearly and prominently identified on Capital City Markets Limited websites.
Third Party Content may be available through framed areas, through hyperlinks to third party web sites, or is simply published on the site. The Third Party Content is protected by applicable intellectual property laws and international treaties and is owned by or licensed from the Capital City Markets Limited provider(s) credited.
Capital City Markets Limited does not explicitly or implicitly endorse or approve such Third Party Content. The Third Party Content providers do not implicitly or explicitly endorse or approve the Third Party Content, nor should their content be construed as legal, tax or investment advice.
Although Capital City Markets Limited makes every attempt to provide accurate and timely information to serve the needs of users, neither Capital City Markets Limited nor Third Party Content providers guarantee its accuracy, timeliness, completeness or usefulness, and are not responsible or liable for any such content, including any advertising, products, or other materials on or available from third party sites. Third Party Content is provided for informational purposes only. Capital City Markets Limited and Third Party Content providers specifically disclaim any liability for Third Party Content available on Capital City Markets Limited websites. You agree to use Third Party Content entirely at your own risk. The third party content is provided on an “as-is” basis. The Third Party Content providers expressly disclaim all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement.
The Third Party Content providers and their parents, subsidiaries, affiliates, service providers, licensors, officers, directors and employees shall not be liable for any direct, indirect, incidental, special or consequential damages arising out of or relating to the use or the inability to use the Third Party Content, including but not limited to damages for loss of profits, use, data or other intangible damages, even if such party has been advised of the possibility of such damages.
Accuracy of information: While Capital City Markets Limited has made every effort to ensure the accuracy of the information on Capital City Markets Limited websites, the information and content of those websites is subject to change without notice and is provided for the sole purpose of assisting traders to make independent investment decisions.
Capital City Markets Limited has taken reasonable measures to ensure the accuracy of the information on Capital City Markets Limited websites. However, Capital City Markets Limited does not guarantee its accuracy, and will not accept liability for any loss or damage that may arise directly or indirectly from the content or your inability to access the Capital City Markets Limited websites, for any delay in or failure of the transmission or the receipt of any instruction or notifications sent through a Capital City Markets Limited website.
All content on the Capital City Markets Limited websites is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.
Prohibited uses: Because all servers have limited capacity and are used by many people, do not use Capital City Markets Limited websites in any manner that could damage or overburden any Capital City Markets Limited server, or any network connected to any Capital City Markets Limited server. Do not use Capital City Markets Limited websites in any manner that would interfere with any other party’s use of the Capital City Markets Limited websites.
Use of links: The Capital City Markets Limited website may contain links to websites operated by other parties. Capital City Markets Limited does not control the content or accuracy of information on such websites, and does not otherwise endorse the material placed on such sites. The links are provided for your reference only, and Capital City Markets Limited excludes all liability and responsibility for the content or operation of third party websites.
Exclusion of warranties: Capital City Markets Limited does not make any express or implied warranties about the Capital City Markets Limited websites, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The Capital City Markets Limited websites are made available to you “as is” and “as available” and Capital City Markets Limited does not warrant that any defects or inaccuracies will be corrected.
Capital City Markets Limited does not warrant that the Capital City Markets Limited websites will meet your needs, or that they will be uninterrupted, timely, secure or error-free. Capital City Markets Limited also makes no warranty that the results obtained from the use of the Capital City Markets Limited websites will be accurate or reliable, or that the quality of any products, services, information, or other material purchased or obtained by you through the Capital City Markets Limited websites will meet your expectations.
Disclaimer and limitation of liability: To the maximum extent permitted by law, Capital City Markets Limited will not be liable for any consequential, incidental, special, direct, or indirect damages (including but not limited to lost profits, trading losses or damages that result from use or loss of use of the Capital City Markets Limited websites and third party content, inconvenience or delay). This is true even if Capital City Markets Limited has been advised of the possibility of such damages or losses.
Except as otherwise required by law, Capital City Markets Limited will not be liable to you or anyone else for any loss resulting from a cause over which such Capital City Markets Limited does not have direct control. this includes failure of electronic or mechanical equipment or communications lines (including telephone, cable and internet), unauthorized access, viruses, theft, operator errors, severe or extraordinary weather (including flood, earthquake, or other act of god), fire, war, insurrection, terrorist act, riot, labor dispute and other labor problems, accident, emergency or action of government.
If you live in a state, country or jurisdiction that does not allow the limitation or exclusion of liability or incidental or consequential damages then some or all of these limitations and exclusions may not apply to you.
Indemnification: As a condition of your use of the Capital City Markets Limited websites, you agree to indemnify and hold Capital City Markets Limited and its Third Party Content providers harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorney fees) arising from your use of the Capital City Markets Limited websites, or from your violation of these Terms.
Confidentiality: It is your obligation to keep Capital City Markets Limited accounts numbers and passwords confidential. You acknowledge and agree that any instruction or communication transmitted to you or on your behalf via any Capital City Markets Limited website is made at your own risk. You authorize Capital City Markets Limited to rely and act on, and treat as fully authorized and binding upon you, any instruction given to Capital City Markets Limited that Capital City Markets Limited believes to have been given by you or on your behalf by any agent or intermediary whom Capital City Markets Limited believe in good faith to have been duly authorized by you. You acknowledge and agree that Capital City Markets Limited shall be entitled to rely upon your account number and/or password to identify you and agree you will not disclose this information to anyone not duly authorized by you.
Termination: Capital City Markets Limited reserves the right to terminate your usage of this website at any time, for any reason, with or without cause and without prior notice.
Severability: If for any reason any provision of these Terms and Conditions is deemed invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
Governing law and jurisdiction: Unless otherwise agreed, these Terms and Conditions and their enforcement are governed by the laws of Vanuatu without regard to principles of conflicts of law, and shall inure to the benefit of successors and assigns of Capital City Markets Limited, whether by merger, consolidation, or otherwise. Unless a dispute would be governed by an applicable arbitration clause, you irrevocably agree to submit to the jurisdiction of the federal and state courts located within Vanuatu and hereby waive any objection to the convenience or propriety of venue therein. Provided, however, that nothing herein shall prevent Capital City Markets Limited from bringing any action in the courts of any other jurisdiction.
Addendum – Limited Power of Attorney for engaged Trading Agents If you become an approved client of Capital City Markets Limited and elect to have some or all of your funds managed by a Money Manager of your choosing then, in the absence of any superior Limited Power of Attorney (LPOA) agreement, you agree to be bound by the terms and conditions set forth below.
Client hereby authorizes the Money Manager selected by Client to act as Client’s Trading Agent (Agent) and to manage Client’s account and risk through the purchase and sale of currency pairs and commodities.
Client hereby agrees to indemnify and hold both Capital City Markets Limited (Capital City Markets) and Agent harmless from and against any and all liabilities, losses, damages, costs and expenses, arising therefrom. Capital City Markets will not, in any way, be liable or responsible for any buy or sell trading actions done on Client’s behalf by Agent, nor for any losses incurred by Agent for Client’s account. Further, Capital City Markets does not endorse Agent, nor does Capital City Markets vouch for the background, or experience of Agent, nor does Capital City Markets endorse any operating methods used by Agent – including when trading for Client’s Account. Even though Client has granted trading authority to another, Client should be diligent and closely scrutinize what transpires in the account. If Client has questions or concerns then Client will contact Capital City Markets immediately.
Capital City Markets may publish, from time to time, a list of Trading Agents on its websites. The list may not be exhaustive and is for information purposes only. Capital City Markets does not endorse any particular Trading Agent over another, nor does it recommend clients to use the services of any particular Trading Agent. All Trading Agents, whether listed or not, operate on their own behalf and are not employees of Capital City Markets, nor do they form a joint venture or a tied agent relationship with Capital City Markets.
Even where all reasonable efforts have been made by Capital City Markets to ensure the proper statistical performance reporting of Trading Agents, Capital City Markets cannot guarantee the accuracy of said performance and/or the results of any Trading Agent. Capital City Markets strongly encourages clients to perform thorough due diligence before engaging a Trading Agent.
Any engaged Agent shall have full authority for trading the foreign currency account concerned. Client acknowledges and understands that Capital City Markets will be acting on the authority of Client to follow the instructions of the aforesaid Agent in every respect concerning Client’s foreign currency trading account, except that said Agent is not authorized to withdraw any money, securities, or other property in the name of Client.
Client acknowledges and understands that trading is very risky and may result in losses that equal or exceed the amount of margin deposited with Capital City Markets. Client also acknowledges that neither Capital City Markets nor any Trading Agent can guarantee profits or avoid the risk of loss. Client is solely and exclusively responsible for understanding the trading objectives and risk associated with the strategy of any engaged Trading Agent and acknowledges and agrees that Capital City Markets is not responsible for any transactions that may or may not conform to those objectives. Capital City Markets shall not, under any circumstances, be held responsible for capital protection promises given by, or on behalf of, an engaged Trading Agent.
Client acknowledges that, due to technical reasons, the trades on a client account do not necessarily realize exactly as they do on a master account to which the client account is connected. When trading with relatively small sums, the performance of a client account may differ significantly from the performance of the master account to which is connected. Capital City Markets is not responsible for compensating Client if such differences occur.
Client agrees that any engaged authorized Agent shall be paid, from time to time, Performance Fee commission on new profits, which shall be debited directly from Client’s trading account. The Performance Fee is calculated based upon the account equity at the time of calculation – usually the end of each calendar month. According to the industry standard “High Watermark” principle, equity at the point of calculation is compared to the equity recorded at the previous point of calculation. If the comparison is negative then no Performance Fee is collected. The highest historical equity (less the most recent Performance Fee) shall remain as the basis for comparison. Trading Agent is responsible for all tax arrangements regarding commissions, management, performance and/or other fees received. Client is responsible for all tax arrangements regarding profits and losses for Client’s account. If Client has any doubts regarding Client’s tax status then Capital City Markets recommends seeking advice from a suitably qualified tax advisor.
Client understands that withdrawals may be restricted to times when no open trades exist. If Client requests a withdrawal from Client’s account that would leave insufficient funds to pay Agent as a result of such request or other action taken by Client, Client hereby agrees and understands that all appropriate fees will be debited to Client’s trading account prior to the requested withdrawal.
Client may revoke the authority of an engaged Agent (during market hours only) by detaching the respective account from its Trading Agent, which should be done via the client area for that account. Detachment involves the closing of any open trades on Client’s account, so Client must first accept any floating profit/loss that might exist at the time. Capital City Markets will then deduct any Performance Fee commission that might be due to Agent. Client understands that Capital City Markets and Agent shall be held harmless from and against any and all liabilities, losses, damages, costs and expenses arising therefrom.