Risk Disclosure
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Risk Warning Notice
The site (https://moderncapitals.net)(hereinafter referred to as the “Site”, “Website”) is Owned and operated by Nexus LLC. A ST. Vincent and the Grenadines company incorporated under company number: REG 1070 LLC 2021. ( Its address of registration is address: (“ModernCapitals”, “the Company”, “Trading Platform”, “we”, “us” or “our”) and applies to your use of the ModernCapitals website and all services described herein (collectively, the “Services”).
Suite 305, Griffith Corporate Centre, Beachmont, Kingstown, St. Vincent and the Grenadines . The processing and clearing company “Nexus LLC” under company Number REG 1070 LLC 2021, having its registered address ST. Vincent and the Grenadines
- RISK WARNING
The Client hereby agrees to use the Website at his/her own risk.
The possibility that exists is that the Client could sustain a loss of all or some of his/her initial investment and therefore the Client should not invest money that he/she cannot afford to lose. The Client should be aware of the risks associated with all digital options trading and seek advice from independent financial advisor if the Client has any doubts or questions.
a. This Notice is directed towards all prospective Clients and should be read carefully by all interested parties towards which it is directed. The purpose of warning is to explain, fairly, clearly and in general terms, the nature of the risks involved when dealing in Financial Instruments. The Client must understand that those risks entail a chance of losing money while trading. This disclosure is informational and must not be considered a list of all possible risks. - GENERAL RISKS
ModernCapitals makes known and warns the Client of the following, non-exhaustive list of risks:
a. The Initial Capital of the Client’s portfolio and/or its value and or any money invested by the Client in any Financial Instrument cannot be, and are not guaranteed by ModernCapitals.
b. The Client accepts that, the value of any investment in Financial Instruments may fluctuate downwards or upwards and also accepts the probability that any investment may, at any given time become of no value in spite of any information (to the contrary or otherwise) which may be offered by ModernCapitals. at any time.
c. The Client acknowledges that information known of a Financial Instrument’s previous performance does not in any way guarantee its current and/or future performance. Using historical data does not amount to a binding or safe forecast with regards to the current and/or future performance of the Financial Instruments to which the said information refers.
d. ModernCapitals advises the Client that any transactions that may take place via its dealing services may be of a speculative nature. The Client is advised that large losses may occur in a short period of time.
e. The Client acknowledges that there are cases whereby Financial Instruments may not become immediately liquid (for example, as a result of reduced demand). The client further acknowledges that in these cases the Client may not be in a position neither to sell the said Financial Instruments nor easily obtain information on their value and/or the extent of their associated risks.
f. Where Financial Instruments are traded in a currency other than the currency of the Client’s country of residence, any changes in the exchange rates may have a negative effect on the Financial Instruments’ value, price and performance.
g. The Client is advised that the execution of an order may be difficult or impossible under certain market conditions. Further, ModernCapitals advises the Client that ModernCapitals could be dealing through Banks and Brokers that may have interests contrary to the Client’s interests. - CHARGES AND TAXES
a. The Client is advised that changes in his personal circumstances, changes in legislation, and any other factor may pose a risk that the Client’s trades in Financial Instruments may be or become subject to tax and/or any other duty. moderncapitals.net. cannot and does not warrant that the Client will not incur tax and/or any other duty. The Client is advised that any taxes and/or any other duty which may accrue in respect of his trades are the Client’s own responsibility.
b. moderncapitals.net. strongly advises the Client to obtain details of all commissions and other charges for which the Client will be liable prior to the Client beginning to trade. In the event of charges that are not expressed in money terms (e.g. expressed as a dealing spread), the Client must ask for a written explanation, including appropriate examples, in order to ensure that he is fully informed of what such charges are likely to mean in specific money terms.
In accordance with current regulations, ModernCapitals may be required to hold the Client’s money in an account that is segregated from other Clients as well as ModernCapitals’s own accounts. The Client is expressly warned that this may not afford complete protection to the Client. - TECHNICAL RISKS
a. Where the Client makes transactions on an electronic system, the Client may be exposed to the risks which may be associated with the system (including the failure of hardware and software (Internet / Servers)). The result of any system failure may be that his order is either not executed according to his instructions or it is not executed at all. ModernCapitals. cannot and shall not bear any liability in the case of such a failure.
b. The Client is advised that he is responsible for the risks of financial losses caused by failure of information, communication, electronic or other systems.
c. Where authorized third parties have access to information, such as electronic addresses, electronic communication and personal data, ModernCapitals shall have no responsibility.
When the above is transmitted between ModernCapitals or any other party, using the internet or other network communication facilities, telephone, or any other electronic means.
d. The Client acknowledges that the unencrypted information transmitted by e-mail is not protected from any unauthorized access.
e. The Client’s attention is expressly drawn at times of excessive deal flow, when the Client may have difficulties in connecting over the phone or the Trading Platform.
f. The Client acknowledges that the internet may be subject to events which may affect his access to ModernCapitals’s Website and/or Trading System, including but not limited to interruptions or transmission blackouts, software and hardware failure and internet disconnection. ModernCapitals is not responsible for any damages or losses resulting from such events which are beyond its control or for any other losses, costs, liabilities, or expenses (including, without limitation, loss of profit) which may result from the Client’s inability to access ModernCapitals’s Website and/or Trading System or delay or failure in sending Orders or Transactions.
g. ModernCapitals is not an Internet Service Provider and cannot be responsible for not fulfilling any obligations with its clients because of internet connection failures or public electricity network failures or hacker attacks.
h. The Client is warned that when trading in an electronic platform he assumes risk of financial loss which may be a consequence of amongst other things:- Failure of Client’s devices, software and poor quality of connection;
- ModernCapitals’s or Client’s hardware or software failure, malfunction or misuse;
- Improper work of Client’s equipment;
- Wrong setting of Client’s terminal;
- Delayed updates of Client’s terminal.
- LEVERAGE
The Client must understand that the leverage in margin trading, may have significant impact on his/her trading account. Even with minor changes in exchange rates and instruments prices, there is a possibility for the Client to lose his/her initial deposit. The Client hereby understands that he is fully responsible for the use of his/her own funds and accounting for the risks. - SLIPPAGE
The volatility in the market may create conditions where orders are difficult to execute, since the price might be many pips away due to the extreme market movement. Although the trader is looking to execute at a certain price, the market may have moved significantly, and the order would be filled at the next best price or the fair market value. Similarly, increased volume may also result in slippage if sufficient liquidity does not exist to execute all trades at the requested rate.
Once a stop is triggered, it becomes an At Best market order, and there is no guarantee it will be filled at any particular given price. Therefore, stop orders may incur slippage depending on market conditions. - TRADING PLATFORM
The Client acknowledges that the only reliable source of Quotes is that of the live Server feed. The Client is warned that quotes in the Client terminal are not a reliable source of information, since the connection between the Client’s terminal and the server may be disrupted at some point and some of the quotes simply may not reach the Client’s terminal.
The Client acknowledges that when the Client closes the order placing/modifying/deleting window or the position opening/closing window, the instruction, which has been sent to the Server, shall not be cancelled.