TERMS AND CONDITIONS

These Terms and Conditions were last updated and published on December, 2023 and set out the different services which we may provide to you. We recommend that you print a copy for your records.

YOUR RELATIONSHIP WITH US

1. ABOUT US

  • 1.1. These Terms and Conditions, which include the Schedules, any express consents given by you from time to time, and any documents we refer to, including the Privacy and Cookies Policy, form the agreement between you and Unicapital LTD ("Unicapital", "we", "us", and "our"). We refer to all these documents as the "Agreement". You expressly agree to the terms of the Agreement, and we will also treat your access to and use of our Services (our "Services" are explained in clause 2 below) as acceptance of the terms of the Agreement.

  • 1.2. You are responsible for checking our website periodically in order to review the current version of the Terms and Conditions. Please contact us if you have any questions. Our contact details are available in clause 10 – "Communicating with you" below.

  • 1.3. Unicapital LTD is authorized by the Commonwealth of Dominica with license number 2023/C0010-0008. Its registered number is 2023/C0111 and its registered office at 43 Great George Street, St George, Dominica.

2. OUR SERVICES

  • 2.1We provide a digital trading platform, which can be accessed via a mobile and/or web-based application, where you can:

    • 2.1.1. Trade contracts for differences (“CFDs);

    • 2.1.2. Trade in the Forex market.

    • 2.1.3. Trade CFDs or participate in the Forex market by copying the trades of other customers who trade on the Unicapital platform, or by copying trades in a portfolio which we have put together, which we call the "Copy Trading Services".

  • 2.2. We also provide relevant custody services for your trades and copy trades.

  • 2.3. When we say "Services", we are talking about all of our services as described above, which includes the Trading Services, the Copy Trading Services, the custody services and other related services.

  • 2.4. Some of the terms in the Agreement only apply to certain Services. If you do not use those Services, then those terms will not be a part of your Agreement with us. We will always be clear which terms apply to which Service, but please contact us if anything is unclear.

  • 2.5. You should read the Parts 1 to 5, as well as the Schedule(s) that apply to the Services that you use, as follows:

    • 2.5.2. Schedule A: applies if you trade contracts for differences ("CFDs");

    • 2.5.3. Schedule B: applies if you use the Copy Trading Services.

3. REGULATORY STATUS OF OUR SERVICES

  • 3.1. The Trading Services is an execution-only service. This means that you will be responsible for all investment decisions and actions with respect to the trades that you enter into. This includes, but is not limited to, opening, closing, or not opening or closing, a transaction. The capacities that we trade in on your behalf, including whether as principal or as agent, are set on in the Schedule(s) that apply to the Services that you use.

  • 3.2. You may be trading a complex product, for example CFDs, when you use our Trading Services. Before you trade in a complex product, we are required to assess whether the product is appropriate for you (the "Appropriateness Assessment"). We do this by obtaining from you information about your investment knowledge and experience in trading such products, and assessing that information.

  • 3.3. If we consider that the complex product is inappropriate for you, or if you do not provide us with the required information to conduct the Appropriateness Assessment, we may not allow you to trade in such instruments or we will provide you with a warning in relation to the trading of such instruments.

  • 3.4. The Copy Trading Services is a limited form of discretionary investment management. This means that, before you can engage in a copy trade, we are required to assess whether our services are suitable for you (the "Suitability Assessment"). This is done by obtaining from you information about your investment knowledge and experience in copy trading, your investment objectives, including your risk tolerance, and your financial situation, including whether you can financially bear losses consistent with your investment objective.

  • 3.5. If we consider that our Copy Trading Services are not suitable for you as a result of the Suitability Assessment, in accordance with our obligations under Applicable Law and our internal policy and procedures, or if you do not provide us with the required information to conduct the Suitability Assessment, you will not be able to enter into copy trades on the Unicapital platform.

  • 3.6. We may update your Suitability Assessment from time to time. If there has been a change to your knowledge, experience, financial situation, or investment objectives, including your risk tolerance, you should advise us, so that we can update your Suitability Assessment.

  • 3.7. You agree and acknowledge that the Appropriateness Assessment and/or the Suitability Assessment are performed on the basis of information and documents provided by you, and we may rely upon the information and documents provided by you and we are not responsible for any damages or losses which may arise from any inaccuracies. In addition, you agree to immediately notify us of any changes to the information and documents which you have provided, and to provide use with up to date, accurate and complete information to enable us to conduct each Appropriateness Assessment, and/or Suitability Assessment, at our reasonable request.

4. LIMITATIONS TO OUR SERVICE

  • 4.1 We do not provide personalized investment recommendations or investment or tax related advice. Any explanation or information which we give to you as part of a trade, or a copy trade, or about the performance of the trade or copy trade is not intended to be, and should not be considered as advice.

  • 4.2 4.2. The Unicapital trading platform is not an exchange or a market. This means that:

    • 3.1. The Trading Services is an execution-only service. This means that you will be responsible for all investment decisions and actions with respect to the trades that you enter into. This includes, but is not limited to, opening, closing, or not opening or closing, a transaction. The capacities that we trade in on your behalf, including whether as principal or as agent, are set on in the Schedule(s) that apply to the Services that you use.

    • 3.2. You may be trading a complex product, for example CFDs, when you use our Trading Services. Before you trade in a complex product, we are required to assess whether the product is appropriate for you (the "Appropriateness Assessment"). We do this by obtaining from you information about your investment knowledge and experience in trading such products, and assessing that information.

    • 3.3. If we consider that the complex product is inappropriate for you, or if you do not provide us with the required information to conduct the Appropriateness Assessment, we may not allow you to trade in such instruments or we will provide you with a warning in relation to the trading of such instruments.

    • 3.4. The Copy Trading Services is a limited form of discretionary investment management. This means that, before you can engage in a copy trade, we are required to assess whether our services are suitable for you (the "Suitability Assessment"). This is done by obtaining from you information about your investment knowledge and experience in copy trading, your investment objectives, including your risk tolerance, and your financial situation, including whether you can financially bear losses consistent with your investment objective.

    • 3.5. If we consider that our Copy Trading Services are not suitable for you as a result of the Suitability Assessment, in accordance with our obligations under Applicable Law and our internal policy and procedures, or if you do not provide us with the required information to conduct the Suitability Assessment, you will not be able to enter into copy trades on the Unicapital platform.

    • 3.6. We may update your Suitability Assessment from time to time. If there has been a change to your knowledge, experience, financial situation, or investment objectives, including your risk tolerance, you should advise us, so that we can update your Suitability Assessment.

    • 3.7. You agree and acknowledge that the Appropriateness Assessment and/or the Suitability Assessment are performed on the basis of information and documents provided by you, and we may rely upon the information and documents provided by you and we are not responsible for any damages or losses which may arise from any inaccuracies. In addition, you agree to immediately notify us of any changes to the information and documents which you have provided, and to provide use with up to date, accurate and complete information to enable us to conduct each Appropriateness Assessment, and/or Suitability Assessment, at our reasonable request.

  • 4.3. Therefore, you expressly consent to us executing orders outside of a regulated market, multilateral trading facility, or organized trading facility, in the manner described in these Terms and Conditions, the relevant Schedule.

  • 4.4. We may not provide all of our Services to customers domiciled in certain countries due to restrictions under Applicable Law, or restrictions under our internal policies (these are known as "restricted countries"). If you are a resident of a restricted country, you may be able to access some of our Services, but not all of our Services. We may change the list of restricted countries, as well as the Services that are available in a restricted country, from time to time. For further information, please speak to us, our contact details are available in clause 10 – "Communicating with you".

  • 4.5. We will not accept applications for Unicapital accounts from residents domiciled in Canada, or residents or citizens of the United States of America, as well as other countries as required by Applicable Law, or required by our internal policies from time to time (these are known as "blocked countries"). We may change the list of blocked countries from time to time. For further information, please speak to us. Our contact details are available in clause 10 – "Communicating with you".

  • 4.6. Our Services may not be available in a blocked country. If you are traveling to a blocked country, you may not have access to your account or any of our Services. This restriction applies even if you do not normally reside in the blocked country. We are not liable for any loss which results from your inability to access the Unicapital platform because you are in a blocked country, or if caused by circumstances outside of our control.

5. THE KEY RISK OF USING OUR SERVICES

  • 5.1. The risk of using our Services is that you could lose all your money which you have deposited into your Unicapital account. Therefore, you should not trade or invest money that you cannot afford to lose. It is important that you fully understand the risks involved before deciding to trade with us in light of your financial resources, level of experience, and risk appetite. If required, you should seek advice from an independent financial advisor.

  • 5.2. The actual returns and losses experienced by you will vary depending on many factors, including, but not limited to, market behavior, market movement, and your trade size.

  • 5.3. The value of your investments may go up or down.

  • 5.4. Past performance is not a guide to future performance.

  • 5.5. Your Unicap account and our Services are provided in US Dollars. This means that transactions with Unicapital will carry an inherent foreign exchange risk, unless all the money that you put into and take out of your account is in US Dollars.

  • 5.6. More information on the risks associated with using each of the Services is set out in each Schedule, the General Risk Disclosure, and on our website.

  • 5.7. When you trade on a digital platform, such as the platform, there is a risk that you will lose money as a result of:

    • 5.7.1. The failure of your computer/mobile/digital device (including its battery);

    • 5.7.2. A weak internet connection, or a weak mobile connection, which means you may not be able to connect to the Unicapital trading platform, or if you are able to connect there may be a delay;

    • 5.7.3. Hacking or the use of malicious software that allows a third party to gain access to your information and/or assets;

    • 5.7.4. Your device being incompatible with the Unicapital trading platform or system specifications, including due to incorrect settings or system specifications;

    • 5.7.5. The failure or malfunction of your hardware or software; and/or

    • 5.7.6. Your non-adherence with the Security Guidance, available on our website at https://www.unicapital.tech/

  • 5.8. Some of the features available on the Unicapital trading platform may not be available if you are accessing the platform on a mobile device.

  • 5.9. If you believe you have an order or trade that is not showing on the trading platform, or have any other issue or problem with any order or trade, you should contact us immediately.

6. BEST EXECUTION

  • 6.1. We are required to take sufficient steps to achieve the best possible result for you, on a consistent basis, when providing our Services. Our Best Execution and Order Handling Policy sets out the procedures that we follow as well as the relevant market factors that we take into account as part of our best execution obligation. This policy, which may be amended from time to time, forms part of our Agreement with you and is available on our website.

  • 6.2. We understand that the best execution result is one that produces the best possible financial result for you, and that the "best possible financial result" is the best possible result in combination across all your trades. This means that some trades, taken individually, may be less favorable. Where we reasonably believe that it is in the overall best interest of all our clients, we may combine your order with our own orders or those of other clients, or we may split your orders. Best interests are not solely determined by price, and we also consider other factors, such as the speed of the trade and the likelihood of the trade being successful, to be important. Aggregation or splitting of orders may result in you obtaining, on some occasions, more favorable terms or price, and, on other occasions, less favorable terms or price than if your order had been executed separately.

  • 6.3. We monitor the effectiveness of our Best Execution and Order Handling Policy on a regular basis to ensure that we consistently achieve the best results for you.

7. CONFLICT OF INTERESTS

  • 7.1 7.1. We are required to act in your best interest when providing our Services. However, there may be instances where your interests conflict with our interests, or with another client's interests. For example:

    • 7.1.1. We may execute hedging transactions before or after entering into a transaction with you to manage our risk in relation to the transaction, which may impact the price you pay or receive for such transactions, and we will retain any profits generated by such hedging. However, we are not required to hedge transactions if we do not want to;

    • 7.1.2. We may enter into arrangements with third parties, or with other clients, where we make payments to them or receive payments from them based on your trading activity or volume, where such arrangements are permitted by Applicable Law. These payments may include rebates, commissions, widened spreads and profit sharing;

    • 7.1.3. We may provide, pay or receive fees, commissions or non-monetary benefits where such payments are permitted by Applicable Law;

    • 7.1.4. We may share dealing charges with our affiliate companies or receive remuneration from them in respect of transactions carried out on your behalf;

    • 7.1.5. We may be the counterparty to trades that you enter into; and

    • 7.1.6. We are responsible for setting the price of instruments and products which can be traded on the platform. This means that our prices will be different from the prices provided by other brokers and the market price, as well as the current prices on any exchanges or trading platforms.

  • 7.2 We have in place a number of internal policies and arrangements to help manage any conflicts including as set out in our Conflicts of Interest Policy and which is available on our website. In addition, the potential conflicts related to trading detailed above are subject to a detailed objective criteria which is set out in our Best Execution and Order Handling Policy.

8. HOW YOU CAN MAKE A COMPLAINT

  • 8.1 If you are unhappy with a Service or something has gone wrong, please contact us and we will try to put it right. You may contact us directly via:

    • 8.1.1. The "Help" section of our platform, where you will also find our complaints procedure; or

    • 8.1.2. The customer service section of our website at https://www.unicapital.tech/

9. COMMUNICATING WITH YOU

  • 9.1. You expressly consent to us using our platform or website https://www.unicapital.tech/, as we deem appropriate, to inform you of information about us and of changes to such information (including changes to our Agreement, our Best Execution and Order Handling Policy and our Cookies and Privacy Policy).

  • 9.2. We may also communicate with you via our website and applications, by email, telephone, fax, post, newsletter, letter, electronic chats, and/or any other means of communication. We will use the contact details you gave us when you opened your account, and as updated by you to us.

  • 9.3. If your details change, including your email address, contact numbers, name, home address, country of residence or nationality, you must tell us as soon as possible. If you do not let us know, you might not receive important information from us.

  • 9.4. Our Agreement with you, and all information, statements and notifications between you and us, will be in English and we will communicate in English. If we provide you with documents in another language, and there is an inconsistency, the English version will prevail.

  • 9.5. If you have any questions about the Agreement, or would like to speak to us, you can contact us using our customer service section on the website.

HOW OUR SERVICE OPERATE

10. CLIENT CLASSIFICATION

  • 10.1. We will classify you as a retail client for the purposes of the Services. Retail clients are given the highest level of protection under Applicable Law.

  • 10.2. You may request that we re-categorise you as a different type of client, but we would not be obliged to do this. If you are re-classified as a professional client, you may lose certain protections. In these circumstances, we will provide you with a Client Categorisation Notice, setting out the regulatory protections that you will keep, as well as those that you will lose. If a term of the Client Categorisation Notice conflicts with, or is different to, a term in this Agreement, the Client Categorisation Notice will apply.

11. HOW TO OPEN AND MAINTAIN YOUR UNICAPITAL ACCOUNT

  • 11.1 If you are a resident of the European Economic Area (EEA), you have the following data protection rights:

    • 11.1. To apply for an Unicapital account, you will need to complete an online application form and provide us with information that we request, so that we can identify you, verify your identity, and conduct fraud checks, sanctions checks, anti-money laundering and counter-terrorism checks, and any other checks as required by Applicable Law, including without limitation, the Foreign Account Tax Compliance Act ("FATCA"), as required by our internal procedures. This means we will require you to provide us with personally identifiable information, the countries where you are a tax resident, confirmation of whether or not you are a US citizen or whether or not your place of birth is in the US or any other information which will be required under Applicable Law.

    • 11.2. You will also need to provide us with information so we can assess whether the Trading Services are appropriate for you, and assess whether the Copy Trading Services are suitable for you. Please refer to clause 3 – "Regulatory status of our Services" for more information about the Appropriateness Assessments and the Suitability Assessments.

    • 11.3. If you are applying for an Unicapital account on behalf of a business, you must have the authority to enter into agreements, including this Agreement, on behalf of that business.

    • 11.4. If you have more than one Unicapital account, we may combine your accounts into one. We may also place limits on the number of accounts which you may hold, as well as the number of accounts which one household may hold.

    • 11.5. In order to put money into your Unicapital account, you will need to link your Unicapital account to a current account, debit card, credit card, electronic wallet or other means of payment, which is approved by us. We call this your payment method. We may allow you to link more than one payment method, but we are not required to do so. We may accept different payment methods in different countries.

    • 11.6. The payment method must belong to you, and must be in your name. We do not accept money from people who are not you. We may require you to provide us with documents to verify the details, and the ownership of your payment method. If we cannot verify the details of your payment method, or if we cannot verify that the payment method belongs to you, you will not be able to deposit money into your account, and therefore will not be able to use our Services.

    • 11.7. We may, from time to time, require additional information and/or documents (including as required by anti-money laundering regulations and any other similar regulations applicable to us ("AML"), as well as for anti-fraud measures or any other related internal procedures), or clarifications to information and/or documents which you have provided to us.

    • 11.8. If any information which you have provided to us under this clause 12 – "How to open, and maintain your Unicapital account" changes, you should tell us, in writing, as soon as possible, and no later than 30 days after the change takes place.

    • 11.9. The information you provide to us must be complete, accurate and not misleading. If you do not provide us with the required information, or if you provide inaccurate, incomplete or misleading information, we will not be able to open an Unicapital account for you, or, if you already have an Unicapital account, we may freeze, block, or close your Unicapital account.

12. KEEPING YOUR UNICAPITAL ACCOUNT SAFE

  • 12.1. If we accept your application, we will open an Unicapital account for you. You will need to choose a username and a password to access your Unicapital account and we may also require other security details.

  • 12.2. It is your responsibility to take all reasonable steps to keep your Unitrade account safe. For example, you should keep your security details, such as your username and password, a secret. You should select a password that is not easy to guess (such as using a combination of uppercase and lowercase letters, numbers and symbols) and is a unique password for your Unicapital account. We recommend that you do not reuse a password previously used by you for other platforms/services. You should also apply two factor authentication to your account to keep your account secure.

  • 12.3. You will need to change your security details immediately and contact us as soon as possible if you think someone else knows them.

  • 12.4. We may block access to your Unicapital account or block access to our Services if we believe that it is necessary for security or legal reasons. For example, if we think someone may have access to or is using your Unicapital account without your permission.

  • 12.5. We may contact you to provide you with new security details, or contact you to require you to change your security details.

  • 12.6. You must not give any third party (including minors) any access to and/or control of your Unicapital account. If you elect to give another person access to and/or control of your Unicapital account, you do so at your own risk and we will not be responsible for the decisions of that third party. For example, if they place trades or if they place copy trades and make a loss, we won't refund you that money. We reserve the right to cancel or reject any orders placed by any third party for security and/or legal reasons.

13. HOW TO DEPOSIT AND WITHDRAWAL FUNDS FROM YOUR UNICAPITAL ACCOUNT

  • 13.1. You can deposit money into your Unicapital account by using one of your payment methods (which we referred to in clause 11 – "How to open, and maintain your Unicapital account"). We do not accept cash or cheques.

  • 13.2. If your payment method charges us a fee, for example, a payment transfer or a payment processing fee or currency conversion, we may charge you a "transfer fee". Our transfer fees are set out on our website.

  • 13.3. Your money will show in your Unicapital account as soon as we are satisfied that it comes from you and any other checks required by Applicable Law (including but not limited to anti-money laundering requirements) have been completed.

  • 13.4. We may place a limit on how much money you can pay into your Unicapital account. We will let you know in advance if we do this.

  • 13.5. We may return any money which comes in from a payment method that is not in your name. If we are charged fees for returning your money, we will deduct an amount equal to that fee from the money which we are returning.

  • 13.6. You can take money out of your Unicapital account by sending it back to the payment method that it came in from, subject to any Applicable Law and any regulatory restrictions that may apply (including AML restrictions), which may prevent us from sending it to such payment method. We may permit you to withdraw money to an alternative payment method also in your name, but only after we are satisfied that the alternative payment method belongs to you and is approved by us (subject to any Applicable Law and regulatory restrictions, including AML restrictions).

  • 13.7. You may not be able to take money out of your Unicapital account if it would leave insufficient funds in your Unicapital account to pay for any unsettled transactions and/or applicable fees or charges.

  • 13.8. To protect your money against fraud, we may put a limit on how much can be taken out of your Unicapital account. The minimum amount per withdrawal is set out on our website. However, if you are closing your Unicapital account in accordance with clause 26 – "Closing or blocking access to your Unicapital account", this restriction will not apply.

  • 13.9. We may charge you a fee each time you withdraw from your Unicapital account. Our fees are available on our website.

  • 13.10. We will process a valid and complete withdrawal request by the end of the following business day. Our processing may be delayed or declined if required under Applicable Law, including if we have an AML concern. We may, or may not be able to, disclose to you the reasons for such delay or rejection. Please note that once your withdrawal request has been processed it might take a few days for your payment processor to update the balance in your account, depending on your payment processor's policy and procedures.

  • 13.11. If you withdraw from your Unicapital account after 11.00 am GMT +4, or on a nonbusiness day, we may not process your withdrawal request until the next business day. When we say business day, we mean Monday to Friday, but not a public or a bank holiday.

  • 13.12. Any money you pay into your Unicapital account must be made in British Pounds, Euros, US Dollars or another currency approved by us. We will convert all money into US Dollars.

  • 13.13. Each time you withdraw from your Unicapital account, we will convert the US Dollars into the currency selected by you, and we will charge you a fee. Our fees for converting money are available on our website. This clause does not apply if your withdrawal is in US Dollars.

  • 13.14. You are responsible for the foreign currency exchange risk arising from any conversion of money to or from US Dollars in or out of your Unicapital account.

14. ENTERING INTO TRANSACTIONS - QUOTES

  • 14.1. The Unitrade platform will display the indicative price to buy, and the price to sell for each product. This is called a "quote". A quote is not an offer by us to buy or sell any products.

  • 14.2. The platform will display the indicative price to buy, and the price to sell for each product. This is called a "quote". A quote is not an offer by us to buy or sell any products. We generally do not provide quotes over the phone but may do so at our discretion.

  • 14.3. Although, when we provide a quote, we may take into account the price that we receive from a broker, the market, or any exchanges or trading platforms, we are under no obligation to do this, and we are under no obligation to ensure that the quotes which we provide are within any specific percentage of such price.

  • 14.4. If the prices on a market, exchange or trading platform are distorted, for example during a short term price spike, or during pre-market, post-market, or intra-day auction periods, we may reflect similar prices in our quotes, but we are under no obligation to do this.

  • 14.5. When the underlying market or exchange is closed, our quotes may reflect what we believe to be the current bid and ask price of the relevant product or, if you are trading a CFD, the underlying product, at that time, but we are under no obligation to do this.

  • 14.6. Quotes are updated constantly which means that the price to buy or sell may change between the time that you place your order, and the time that we execute your order. We will tell you the price that your order was executed at.

15. ENTERING INTO TRANSACTIONS - PLACING AN ORDER

  • 15.1. When you use our Trading Services or Copy Trading Services, you will place an order. An order is any request placed by you with us to purchase or to sell or otherwise deal in financial products, which may include a limit order, stop loss order, and/or take profit order or such other order as may be available on the trading platform from time to time. We will then need to accept your order for it to take effect. Please read clause 16 – "Entering into transactions – Modifying your order, canceling your order, or us not accepting your order" which explains when you might be able to change or cancel your order, as well as when we might not accept your order or cancel your order.

  • 15.2. In relation to stop loss orders specifically, you understand that we can change the stop loss rates which we will accept at our sole discretion (including in relation to open positions), and that we may give you very short notice of changes to stop loss rates or due to an Exceptional Event we may not be able to give you notice at all. We will exercise our right to change stop loss limits in accordance with Applicable Law.

  • 15.3. You can place an order by using our platform. We generally do not accept orders over the phone but may do so at our discretion.

  • 15.4. We will execute orders that are received from your Unicapital account, and which we reasonably believe are from you, or authorized by you. Please be careful when making an order. If you place orders by accident or in error, for example if you place multiple orders which are the same, we will assume that you did this on purpose and we will execute them without checking this with you.

  • 15.5. Once we accept your order, we will execute it in accordance with any specific instructions that you give. This is called a trade. The instructions which are available on our platform may change from time to time but may include market orders, limit orders, take profits and stop losses. For more information on how you can place an order, the instructions that you can give, and how we may execute your order, please read our Best Execution and Order Handling Policy.

  • 15.6. We cannot guarantee that your execution price will match your order price, including where you've placed a limit order, take profit and/or stop loss order. This is because the market may be volatile and/or the price may have moved up or down between the time that you place your order (or the time your limit order, take profit and/or stop loss order has been activated) and the time that we execute your order. This is known as slippage. When this happens, we will execute your order at the next best price and in accordance with our Best Execution and Order Handling Policy.

  • 15.7. If you have placed an order during:

    • 15.7.1. Times in which the market of the underlying is suspended (for example, during the weekend or at off-market hours, suspension due to market conditions or due to any other event in which the market of the underlying is suspended), and/or

    • 15.7.2. During the time the market was open, however, your order is triggered shortly following a suspension, then the applicable order you have placed will be executed as soon as is reasonable under the circumstances when trading resumes. We do not guarantee that your order will be executed at the first available underlying market price at commencement of trading or within any specific range compared to other market prices which may be available to you from other sources. We are not liable for any loss or for other claims which you may have in connection with such orders.

  • 15.8. We will execute orders received during trading hours. Different products have different trading hours and these are available on our website. It is your responsibility to ensure you are aware of the trading hours for the product you are trading. We may agree to execute orders outside of business hours, at our discretion.

  • 15.9. Where you place an order outside of market hours, or where the product you are trading has a 24/7 market, but your order is placed during a period where there is limited trading (for example during the weekend), the availability of the different functionalities which we may provide as part of our Services, including instructions which you may give in respect of a trade, may be delayed or may not be available. We are not liable for any loss which results from your inability to access or provide certain trading functionalities and instructions.

16. ENTERING INTO TRANSACTIONS - MODIFYING, CANCELING OR US NOT ACCEPTING YOUR ORDER

  • 16.1. You may request to cancel or modify an order which we have not executed. However, we cannot guarantee that we will be able to carry out your request. This will depend on the product that you are trading and whether you are using our Copy Trading Services. Please read the Schedule that applies to your order for more information about this.

  • 16.2. We are not required to accept every order that you make and reserve the rights to decline any order or transaction. If we have accepted your order we are not required to complete/execute every order. We provide below a non-exhaustive list of examples of situations where we may not accept an order, not execute or complete an order, or cancel an order:

    • 16.2.1. if we reasonably believe the security of your Unicapital account is at risk, or if we're concerned about unauthorized or fraudulent use of your Unicapital account. This might happen if we think someone is using your Unicapital account without your permission;

    • 16.2.2. if you do not have enough money in your Unicapital account to cover the maximum amount of loss associated with your order, plus any associated fees, charges and applicable margin;

    • 16.2.3. if we reasonably believe that there is an error with your order. For example, if you have placed an order that is unusually large and you have never done this before;

    • 16.2.4. if the order you have requested is unusual or for exaggerated volumes;

    • 16.2.5. there is an error with the quote that we have provided. For example, if the quote is manifestly different to the market price, prices on exchanges, prices on trading platforms, and/or if the quote is clearly loss making;

    • 16.2.6. there is a change in Applicable Law, which means that the order is no longer in compliance with Applicable Law, including if the underlying product of your order is otherwise impacted by sanctions, anti-money rules or any other applicable regulatory, self-regulatory or governmental authority requirements that prevents us, per our internal policies and discretion, from executing your order;

    • 16.2.7. there is a "Corporate Event" – please refer to the Schedule A – Trading CFDs for more information on Corporate Events;

    • 16.2.8. an exchange requests or recommends that the order is canceled;

    • 16.2.9. you breach the rules of trading. We explain our rules of trading in the above clauses – "Rules of trading";

    • 16.2.10. an "Event of Default" occurs. We explain what an Event of Default is in the above clauses – "Event of Default"; and/or

    • 16.2.11. an "Exceptional Event" occurs. We explain what an Exceptional Event is in above clauses – "Exceptional Events".

  • 16.3. We may, at our sole discretion, place limits on the minimum and/or maximum order sizes that we accept on our platform, as well as the number/volume of orders that we will accept from our clients or client's account.

  • 16.4. If we do not accept your order, complete/execute your order, or cancel your order, we will inform you by making that information available on our trading platform, unless there is a legal reason that we cannot provide this information to you. If we charged you a fee as part of the order, we will refund that money back into your Unicapital account. If there were no fees or charges, then you will not receive a refund.

  • 16.5. If we have executed your order, and therefore a transaction has occurred, we may take corrective actions and either modify the transaction or void the transaction under the scenarios listed in clause 16.2 above. We will inform you of errors by making information available on our trading platform, including any corrective actions we intend to take.

  • 16.6. We will not be responsible for any losses you incur as a result of any actions or inactions taken by us in accordance with this clause 16 – "Entering into transactions – Modifying your order, canceling your order, or us not accepting your order".

17. TRANSACTIONS RECORDS

  • 17.1. Information about your trading activities, which includes records of the trades that you've concluded, your open positions, margin, cash balances as well as other information about your trades and orders, is available online in your Unicapital account (we call this the "Account Information"). Your Unicapital account will be updated no later than 24 hours after any activity takes place. You will be able to filter this information in different ways, for example on a per month basis. We are under no obligation to provide this information in hard copy or by email.

  • 17.2. If you think there is a problem with your Account Information, please contact us as soon as possible and not later than 48 hours following the day on which the Account Information is posted. Otherwise, the Account Information will be conclusive evidence of your transactions, concluded trades, your open positions, margin, and cash balances.

  • 17.3. We are required to keep your records, including the Account Information, for at least five years after your Unicapital account is closed. This period may be extended by Applicable Law or agreement between us in writing. These records will be our sole property.

18. FEES AND COSTS

  • 18.1. We will charge you a fee for each order we execute for you. This is called a "spread". A spread is the difference in the sell and the buy price. The spread is different for each type of product and Service and can be found on our website. We will estimate the total amount of spread that applies each time you place an order. We cannot provide you with an exact amount because the spread may change between the time you make an order, and the time we execute your order.

  • 18.2. The spreads which we charge can change due to market conditions. For example, there may be instances when market conditions cause spreads to widen beyond the typical spreads displayed on our website and/or platform. For example, for certain instruments we may offer you the ability to trade during off-market hours. In such cases, the spread applied to trades which you've made during off market hours may be wider than the spreads we would have applied to those trades during market hours. We apply wider spreads in off-market hours to account for reduced market liquidity and potential increased volatility of the relevant instruments.

  • 18.3. We may charge you a fee when you put money in, or take money out of your Unicapital account, as detailed in clause 13 – "How to pay money into, and take money out of, your account", and includes:

    • 18.3.1. If you pay money into your Unicapital account and your payment method charges us a fee, for example a payment transfer or a payment processing fee, we may charge you a transfer fee;

    • 18.3.2. If we return any money which comes in from a payment method that is not in your name and we are charged a fee for returning your money, we will deduct an amount equal to that fee from the money which we are returning;

    • 18.3.3. If you withdraw money from your Unicapital account, we may charge you a fee; and

    • 18.3.4. If we need to convert your money into US Dollars, we will charge you a fee.

  • 18.4. We may also charge you a monthly inactivity fee, where there has been no trading activity on your Unicapital account for at least 12 months. Our inactivity fee is available on our website.

  • 18.5. The above fees will apply to all of our Services. However, for specific Services, other fees may also apply. For example, if you trade CFDs, we may also charge you an overnight fee/borrowing fee (please read Schedule A –Trading CFDs for more information).

  • 18.6. For more information of the commissions, charges, fees and costs that apply to our Services, please read the Schedule that applies to the Service that you use as well as our website https://www.unicapital.tech/. We may update our commissions, charges, fees and costs from time to time. It is your responsibility to keep up to date with any changes, and to be aware of the commissions, charges, fees and costs that apply to your trades and the Services that you use.

  • 18.7. You acknowledge that all amounts due to us shall be deducted from your Unicapital account balance.

19. RECORDING YOUR COMMUNICATION WITH US

You agree that we may record any telephone, email and chat conversations with you, as well as any other forms of communications, activities, and transactions, between you and us, and that the recordings may be used as evidence in any proceedings relating to our Agreement with you, any order you place, and/or trades executed. These records will be our sole property.

20. RULES OF TRADING

  • 20.1. There are rules which you need to follow when using our Services. These are:

    • 20.1.1. Reverse Engineering and Security Measures: You must not reverse engineer or avoid any security measures on the trading platform.

    • 20.1.2. Prohibited Software and Practices: You must not use any software, artificial intelligence, ultra-high speed, or mass data entry that might manipulate, game, abuse, or give you an unfair advantage when using our systems or Services.

    • 20.1.3. Trade Manipulation: You will not enter into trades that manipulate the platform, such as entering into both buy and sell trades for the same or similar product at the same or similar time.

    • 20.1.4. Prohibited Transactions: You will not enter into transactions or combinations of transactions with the purpose of manipulating the trading platform for gain, including holding long and short positions in the same or similar instruments at similar times, either individually or in concert with others, including connected accounts.

    • 20.1.5. Fair and Legal Usage: You will not act in an unfair, abusive, manipulative, or illegal way when using our Services, including practices like scalping.

    • 20.1.6. Exploiting Errors: You will not enter into trades aimed at exploiting errors in prices and/or conclude trades at off-market prices.

    • 20.1.7. Compliance with Laws and Regulations: Your order must not violate exchange rules or securities or commodities laws, regulations, or rules, and/or be intended to defraud or manipulate the market.

  • 20.2. If you make money by breaching the above rules, we may not pay that money to you or, if we have paid that money, we may deduct it from your Unitrade account.

  • 20.3. If you breach any of the above rules we will record such breach. We may also cancel your orders, freeze, block and/or terminate our Services, your Unitrade account, and/or our Agreement with you. We may, but are not required to, give you notice of this, subject to any Applicable Law.

21. RULES OF TRADING

  • 21.1. When you open an Unicapital account, you will have access to the "Unicapital Community", a place where Unicapital traders can share information with each other and with us. You will also have access to information which we make available on the Unicapital platform.

  • 21.2. When you post content on the Unicapital Community you will need to follow the "Community Guidelines" which is available on our website. The Community Guidelines tell you the type of posts that are allowed and are not allowed.

  • 21.3. In addition to the Community Guidelines:

    • 21.3.1. You must make sure that all content you post belongs to you or that you have a right to post that information and that you do not violate the privacy rights, publicity rights, copyright, contract rights, or any other rights of any individual or make derogatory remarks regarding, defame or otherwise criticize any person or entity. You shall be liable for any damage resulting from any infringement or other violation of the copyright, trademarks, or other proprietary rights of any individual or entity, and for any other harm or losses resulting from any content that you post;

    • 21.3.2. You must not post any personal or security information about yourself, your account, or about anyone else or their account, and you must not try to obtain the personal or security information of someone else;

    • 21.3.3. You must not provide investment advice, portfolio management services, or any other type of service that requires you to be authorized by a regulator;

    • 21.3.4. You must not post that Unicapital endorse or warrant your content;

    • 21.3.5. You must not advertise or promote another business or service, or any type of commercial content including spam; and

    • 21.3.6. You must not post anything that is abusive, inciteful, defamatory, harassing, insulting, sexually explicit, offensive, racist, rude, hateful, threatening, violent, or illegal.

  • 21.4. We may review and monitor your activity and posts on the Unicapital Community. If you breach any of the above rules or the Community Guidelines, we will record such breach and we will remove the post without telling you. We may also block your account, or terminate our Agreement with you - we will tell you when we do this. We may also be required by Applicable Law to tell regulators or government authorities about a breach, and help them in any investigation about a breach.

  • 21.5. By posting content on the Unicapital Community, you specifically grant us a non-exclusive, irrevocable, transferable, sub-licensable, royalty-free, worldwide license to use, copy, duplicate store, present and/or publish all or any part of your content, and we shall be free to use such content, in any manner or media whatsoever, on an unrestricted basis and without any attribution or royalties or other compensation to you, including without limitation, our website, advertisements, in printed media, and in newspapers.

  • 21.6. You should not make investment decisions based on information provided by individual traders (who may be anonymous or unidentifiable), such as details of the trades they make or any opinions expressed by them on the Unicapital platform. Content on Unicapital social trading platform which is generated by members of the Unicapital Community does not contain advice or recommendations or endorsements by or on behalf of Unicapital.

  • 21.7. We may post information such as news, headlines, graphs, links to other websites, newsletters or information from other people, market prices for different products in real time or on a delayed basis, opening and closing market prices and ranges on third party exchanges, the highest and lowest market price on third party exchanges, the estimated and actual market volumes and the size, number and existence of current market bids and offers on a given day, on third party exchanges (we call this "Market Data").

  • 21.8. Market Data may be produced by an exchange or another third party (for example information service providers which are not exchanges) which we pass on to you. In this scenario the Market Data belongs to the exchange or the third party (as applicable) and you agree to (a) comply with all the laws, rules and regulations applicable to access or using the Market Data; (b) using the Market Data only for your own trading purposes; and (c) cease any use of Market Data upon termination of this Agreement for any reason. We will enter into appropriate agreements with the relevant exchanges on your behalf relating to the proper use of your Market Data.

  • 21.9. We, or the relevant exchanges, or the relevant third parties, which provide Market Data, do not guarantee that the Market Data we provide is always accurate, correct, or up to date although we will take reasonable steps to ensure that it is. Importantly, Market Data is not financial advice and we are not responsible or liable for any action which you take or do not take based on such Market Data. If you want to use the information to help you with your own investment decisions, you do this at your own risk.

  • 21.10. You must not share information which we have posted outside of the Unicapital Community. In particular, you should not redistribute the prices we make available to you to any other person whether such redistribution be for commercial or other purposes.

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