Force Majeure Circumstances

10.1. Force majeure circumstances shall include but not limited to: any actions, events or circumstances (including but not limited to any strikes, riots, mass disturbances and civil disturbances, terroristic acts, floods, extraordinary weather conditions, earthquakes, fire, wars, labor disputes, accidents, government actions, connection and power failures, equipment and software failures, etc) which in the reasonable opinion of the company lead to destabilization of a market or markets of one or several tools, interruption of business, liquidation or closing of any market or absence of an event on the basis of which the company sets quotes or introduction of non-standard trading conditions at any market or towards any such event.

10.2. The company having sound ground is entitled to define the borders of force majeure circumstances occurrence. In the event of force majeure circumstances the company shall take all measures in good faith to notify the client about force majeure circumstances.

10.3. The client agrees that in the event of force majeure circumstances the company is entitled (without limiting other company rights according to the present agreement) without prior written notification and any time to take any of the following actions:

a) Increase margin requests

b) Close one or all open positions at a quote the company reasonably finds correct.

c) Suspend or modify application of one or all of provisions of the present agreement as long as force majeure circumstances do not allow the company to follow these provisions.

d) Take or not take any actions towards the company, the client and other clients, provided the company has reasonable grounds for considering such actions reasonable in such circumstances.

e) Reconsider financial result of all client trading operations, falling within force majeure circumstances, by changing quotes, opening/closing orders or total deletion of orders.

Reporting

Conflicts of Interest situations or potential conflicts situations should be reported to the Compliance Officer immediately. Please send an email to contact@fx7capitals.com

Record Keeping

Seven Capitals Foreign Brokerage Limited must keep and regularly update a written record of the kinds of ancillary services or activities carried out by or on behalf of the firm in which a conflict of interest entailing a material risk of damage to the interests of one or more clients has arisen or in case of an ongoing service or activity, may arise. These records will be for a minimum period from the date of creation and are maintained on an ongoing basis by the Compliance Officer.

 

Position Limitation, Profits and Extraordinary Events

Seven Capitals retains the right to limit the amount and/or total number of open positions that Client may acquire or maintain at Seven Capitals. Seven Capitals reserves the right to refuse to accept any order. Seven Capitals does not guarantee any or all profits resulting from trading entered into the system(s) of Seven Capitals, including but not limited to, profits realized during abnormal market conditions, extraordinary events or system malfunctions.
Seven Capitals shall not be responsible for any loss or damage caused, directly or indirectly, by any events, actions or omissions beyond the control of Seven Capitals including, without limitation, loss or damage resulting, directly or indirectly, from government restrictions, war, strikes, labor , Disruptions and terrorist acts or any other force majeure events. Seven Capitals shall not be liable for damages, including lost profits or trading losses caused by delays or inaccuracies in pricing or the transmission of orders or information due to a breakdown in or failure of any transmission or communication facilities, unauthorized access, theft or systems failures. Client understands Seven Capitals is authorized to reclaim any trading profits Client obtains through the trading of delayed or inaccurate pricing.

Risks

The client confirms that they are notified about risks related to performing trade operations at the world financial markets, including the following:

Leverage risk

9.1.1. While performing trade on the conditions of “Margin trading” a relatively small change of rate may strongly influence the client trading account balance due to the leverage effect. In the event of a market movement against the client position, he/she can bear loss in the amount of the initial deposit and any other additional funds deposited to support open orders. The client is fully liable for consideration of all risks, use of financial tools and a choice of the relevant trading strategy.

9.1.2. It is recommended to maintain Margin level at 100% and higher, as well as always submit Stop Loss orders to eliminate possible losses.

9.2. Risk of financial tool volatility

9.2.1. A wide range of tools has great change of rates during the day that implies high probability of receiving profits as well as bearing losses for trading.

9.3. Technical risks

9.3.1. The client accepts risks of financial losses due to a failure of information, communication, electrical and other systems from the client side.

9.3.2. During trading by means of the client terminal the client accepts the risks of financial losses, which might occur due to:

a) A failure in the hardware, software, and bad quality of connection from the client side.

b) A malfunctioning of the client equipment.

c) Wrong settings of the client terminal.

d) Not a timely update of the client terminal version.

e) A lack of the client knowledge about the instructions, described in the support installed in the terminal.

9.4. Risk of irregular market conditions

The client accepts that in market conditions different from regular, time of processing client orders may increase, spread may be widened and also an execution quote may differ from quotes in the flow.

9.5. Risk of technical peculiarities of the trading platform

9.5.1. The client accepts that in the queue of orders on the server there can be only one order. An attempt to submit any new order will be rejected and in the order window a notice will appear “Order is locked”.

9.5.2. The client accepts that the only authoritative source of information about the quote flow is the main server serving clients, performing trades at the real accounts. Quote databases at the client terminal shall not serve as an authoritative source of information about the quote flow, as in the event of an unstable connection between the client terminal and the server a part of quotes from the quote flow may not reach the client terminal.

9.5.3. The current rates for the underlying assets are those calculated by the company on the basis of the quotes received by the company. All issues regarding the market prices determination lie within the sole cognizance of the company.

9.5.4. The client unconditionally accepts the quotes provided by the company to its clients as exclusively correct, no claims about the quotes provided by the company being different from the quotes of other sources can be accepted for consideration.

9.5.5. The company reserves the right to reconsider the provided quotes for any time period if, according to the company, such quotes fall within the definition of an “Off-market quote” and/or “Irregular market conditions” and/or an “Obvious error” defined in the present agreement and/or in the “Terms and definitions” section and revise the financial results of the trading operations executed at such quotes.

9.5.6. In case of an unscheduled halt of the quotes flow on the trading server caused by a hardware or software failure, the company reserves the right to synchronize the quotes database on the server with other sources in order to reestablish the continuity of 0the quotes flow history. In such cases, the company is entitled, but not obliged to revise the financial results of the client’s trading operations executed within this time period.

9.5.7. The client accepts that closing a window of submitting/modifying/removing an order as well as the window of opening/closing an order does not cancel the order which has already been submitted to the dealer for processing.

9.5.8. The client accepts the risk of performing unplanned trading operations in the event of submitting an order second time before receiving information about the results of a previous order processing by dealer.

9.5.9. The client accepts that an order for simultaneous modification of the level of a pending order and levels Stop Loss and/or Take Profit, submitted for processing after the order has been executed, will be modified only in the part of modifying levels Stop Loss and/or Take Profit orders of the open for this order position.

9.5.10. The client accepts that in the event of submitting a pending order or Stop Loss and/or Take Profit orders for the level, equal to the current quote in the quote flow, an order will be executed only in the event when a new tick towards an order actuation will occur, provided the conditions in P. 4.5 are satisfied.

9.6. Risk of communication failure

9.6.1. The client accepts the risk of any financial losses caused by the fact that he/she did not receive or received with delay any message from the company.

9.6.2. The client acknowledges that non-encrypted information sent via e-mail is not protected from unauthorized access.

9.6.3. The client agrees that the company has the right to delete messages received by the client through an internal mail of the client terminal within three calendar days since the moment of the message sending.

9.6.4. The client is fully liable for keeping confidential information received from the company and accepts risks of any financial losses caused by unauthorized access of third parties to the trading account.

9.7. Risk of force majeure circumstances

9.7.1. The client accepts the risks of financial losses caused by force majeure circumstances.

Pricing, Scalping, Unlawful Orders and Gapping Markets

Client understands and agrees that he/she/it will not enter into unlawful, illegal and immoral transactions or any transaction contrary applicable laws, regulations and/or rules or Seven Capital’s policy or any transaction for purposes of Scalping, arbitrage or to intentionally exploit or manipulate any inaccuracy, regardless of how minor, major, obvious or unobvious, in any rate or pricing offered by SEVEN CAPITAL whether through the usage Of scripts, codes, electronic advisors, software or any other form of computer program or manual trading. SEVEN CAPITAL defines scalping as any transaction which remains open for a period of less than three minutes in duration. Client understands SEVEN CAPITAL is authorized to retroactively cancel transactions found, in SEVEN CAPITAL ‘s sole discretion, to be transactions entered into in order to exploit or manipulate pricing by means as set forth within this Section. SEVEN CAPITAL is then authorized to reclaim any trading profits Client obtains through the entering of any transaction in breach of this Clause in particular transactions for purposes of scalping, arbitrage or intentional exploitation of inaccuracies of rates/ pricing offered by SEVEN CAPITAL. Client acknowledges and understands that SEVEN CAPITAL does not guarantee the execution of orders at specific prices, including conditional orders such as stops and/or limits, specifically at times of increased volatility or volume, including market news announcements, due to gapping markets, greyed out pricing, and market liquidity. Client understands and agrees that should they receive off-market prices, for any reason, including but not limited to, delays, malfunctions or manual trading errors, SEVEN CAPITAL shall retroactively cancel such trades and may elect to leave such trades cancelled or reopen such trades at the correct market price, Client understands that orders received during instances of increased market volatility will be filled at the next best price available or the fair market value Client acknowledges that during instances of gapping markets, conditional orders, specifically stop losses, will be filled at the next available price following a gapping market. Pricing can gap past the price set forth in conditional orders, resulting in clients losing more funds than initially intended. Client acknowledges that due to such risks, SEVEN CAPITAL encourages clients to utilize market orders rather than conditional orders, as market orders are provided with a requote and allow Clients to accept or reject the new price. Client agrees that SEVEN CAPITAL is not responsible for any loses, including margin calls, which occur as a result of conditional orders being filled during a gapping market or orders being filled at certain prices as a result of greyed out pricing and/or limitations in market liquidity.

Complaint and Contact

If you are concerned about us ensuring your privacy, you can make a complaint. We will act upon it promptly. You can contact us via our compliance team as set out below.

If you are not satisfied with our response to your complaint, you have the right to file a complaint with the Information Commissioner’s Office (“ICO”).

If you have any questions regarding our privacy policy, please email: contact@fx7capitals.com

Your Rights

Data protection law gives you a number of rights when it comes to personal information we hold about you. The key rights are set out below. More information about your rights can be obtained from Information Commissioner’s Office (“ICO”). Under certain circumstances, by law you have the right to:

Be informed in a clear, transparent and easily understandable way about how we use your personal information and about your rights. Therefore we are providing you with the information in this notice. If you require any further information about how we use your personal information, please let us know.

Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.

Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.

Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it (for instance, we may need to continue using your personal data to comply with our legal obligations). You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).

Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to us using your information on this basis and we do not have a compelling legitimate basis for doing so which overrides your rights, interests and freedoms (for instance, we may need it to defend a legal claim). You also have the right to object where we are processing your personal information for direct marketing purposes.

Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.

Request the transfer of your personal information to another party where you provided it to us and we are using it based on your consent, or to carry out a contract with you, and we process it using automated means.

Withdraw consent. In the limited circumstances where we are relying on your consent (as opposed to the other bases set out above) to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate interest in doing so.

Lodge a complaint. If you think that we are using your information in a way which breaches data protection law, you have the right to lodge a complaint with your national data protection supervisory authority. If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal information, withdraw your consent to the processing of your personal information or request that we transfer a copy of your personal information to another party, please contact us via our compliance team as per details below. You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.

We may need to request specific information from you to help us understand the nature of your request, to confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.

Please consider your request responsibly before submitting it. We will respond to your request as soon as we can. Generally, this will be within one month from when we receive your request but, if the request is going to take longer to deal with, we will let you know.

Links to Third Party Websites

Our websites or apps may have links to external third party websites. Please note that third party websites are not covered by this privacy notice and those websites are not subject to Seven Capitals Foreign Brokerage Limited’ privacy standards and procedures. Please check with each third party regarding their privacy standards and procedures.

Technology Improvements

We want to provide you with better and improved experience through constant technology development. This may result in a change to the way in which personal information is collected or used. The impact of any technology changes which may affect your privacy will be notified in this privacy notice at the time of change.

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