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Please Read These Terms And Conditions Carefully Before Using This Site
We May Make Changes To These Terms
We may amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.
We May Make Changes To Our Site
We may update and change our site from time to time. The most up-to-date version of these terms will be found on our site.
We May Suspend Or Withdraw Our Site
You Must Keep Your Account Details Safe
How You May Use Material On Our Site
Do Not Rely On Information On This Site
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. If this is necessary, you must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
Rules About Linking To Our Site
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our site in any website. Our site must not be framed on any other site, nor may you create a link to any part of our site. You must not use our domain name or part of it for any use which is not authorised by BBVACapital. If you wish to link to or make any use of content on our site other than that set out above, please contact us.
Our Responsibility For Loss Or Damage Suffered By You
We do not exclude or limit in any way our liability to you where it would be unlawful to do so in our jurisdiction. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors. To the maximum extent permitted by law, we will not be liable in any way for any loss or damage suffered by you through use of or access to our site, or our failure to provide this site. We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: use of, or inability to use, our site; or use of or reliance on any content displayed on our site.
We Are Not Responsible For Viruses And You Must Not Introduce Them
We do not guarantee that our site will be secure or free from bugs or viruses nor that our site is fit for a purpose. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may commit a criminal offence under applicable legislation. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
Our Trade Marks Are Registered
All copyright, database rights, trade marks and any other intellectual property rights in the content of this site belong to us or a third party including our licensors. The content on our website (in whichever form) may or may not be identified by a symbol. The lack of any such symbol should not be understood as meaning that the name, term or data is not the intellectual property of either ourselves or any third party. We also have rights in our domain name and you shall not create or use any domain name, which contains the same words or identically similar words to our domain name and specifically you should use any words which include the word ‘BBVACapital’ either alone or with other letters or words. Additionally, all content on our site is copyrighted. No information or content on this site may be reproduced, adapted, uploaded to a third party, linked, distributed or transmitted in any form or manner.
While we have made best efforts to ensure the accuracy of the information on this site, the information given on the site is subject to change, without any notice. We reserve the right to modify these terms at any time by publishing revised terms of this information. We will not notify anyone and the applicable version will be the most up-to-date one.
If all or part of a provision of these terms is deemed void, unenforceable or illegal by a court of competent jurisdiction then the remainder of the terms and conditions will have full force and effect and the validity or enforceability of that provision in any other jurisdiction shall not be affected.
General Trading Credit- Promotional Offer
This Promotional Offer is addressed to the clients (hereinafter called “The Clients”) of BBVACapital Ltd (hereinafter called “the Company”). The Clients are hereby offered — $ in the form of general trading credit (hereinafter called “The Credit”). The Credit can be given to the Company’s client to be used solely for his/her trading activity with the Company. The Credit will be valid for a period of one year starting from the date that the bonus was received unless otherwise agreed by the Company and the Client. The Client can withdraw the said Credit once the account was active for a year after the Credit received and the client generated the required Trading volume. To calculate the lots to be traded, divide the bonus amount by 5. For example, for a bonus of $500, the minimum lots required are 100. For a Credit of $1,000, the minimum lots required are 200 (“Required Trading Volume”). If the relationship between the Company and the Client Shall end before the expiration of the one year period and/or if the client did not manage to generate the required Trading volume within the abovementioned period or up until the time of the termination of the contractual relationship with the Company, the Company is authorized to charge the client’s account with the full amount of the said Credit irrespective of the commission generated on his/her trading account. Some trading actions are forbidden while receiving bonuses. This actions are short term open and close trades to fulfill bonus wagering, Arbitrage trading, Full margin trading, Latency trading vs…)
For Bonus wagering orders only in Currencies Indices ( Contract size min 25) and Commodities are being counted.
This promotional offer remains valid until withheld and/or amended by the Company. Prior notice shall be given. It is at the Company’s sole discretion to withdraw the given Credit depending on the activity in the client’s account. It is hereby clarified that the aforesaid shall not derogate from the provisions of the Company’s Terms and Conditions as well as the disclosures available at the Company’s website (www.bbvacapital.com) and as amended from time to time. In case of contradiction between the Company’s Terms and Conditions and/or the disclosures and this promotional offer, the Company’s Terms and Conditions and/or the disclosures shall prevail and this promotional offer will be automatically rendered invalid. The Client is hereby asked to confirm his agreement to the above terms and conditions with his signature below,
Client Money 1.1 All amounts handed over by the Client to the Company or which the Company holds on behalf of the Client, for the provision of Investment Services, shall be held in the name of the Client and/or in the name of the Company on behalf of the Client in an account. All Client Funds deposited for the provision of Investment Services, shall be held in a segregated account(s) (omnibus account) under the name “Client Account” together with money of other Clients. All amounts handed over by the Client to the Company or which the Company holds on behalf of the Client, for the provision of Investment Services, shall be held in the name of the Client and/or in the name of the Company on behalf of the Client in an account. This means that your funds will be segregated from our own money and cannot be used in the course of our business.
1.2 We may hold your money and the money of other Clients in the same clients’ bank account (omnibus account). In this case, we are able to identify your money through our back office and accounting system.
1.3 We may receive or pass on clients’ money to any of our affiliated companies or a third party (e.g. a bank, a market, merchant, e-wallet, intermediate broker, OTC counterparty or clearing house) to hold or control in order to affect a Transaction through or with that person or to satisfy your obligation to provide collateral (e.g. initial margin requirement) in respect of a Transaction. We have no responsibility for any acts or omissions of any third party to whom we pass money received from you. The third party to whom we pass money may hold it in an omnibus account and it may not be possible to separate it from our money, or the third party’s money. In the event of the insolvency or any other analogous proceedings in relation to that third party, we will only have an unsecured claim against the third party on behalf of you and our other Clients, and you may be exposed to the risk that the money received by us from the third party is insufficient to satisfy the claims of you and all other Clients with claims in respect of the relevant account. The Company accepts no responsibility for any funds not deposited directly into the Company’s bank accounts, for losses (directly or as a result of) due to delays and/or failures to deposit or remit funds through affiliated and/or third parties.
1.4 We shall not pay interest on Client money that is credited or deposited into the segregated Client Account(s) by the Company, and we may place your money in overnight deposits. You hereby consent that we are permitted to keep any interest accrued. We may deposit your money with a depository which may apply a security interest, lien, or right of set-off to the funds.
1.5 We may hold your Client money on your behalf outside our home jurisdiction. The legal regime applying to any such bank or person may be different. In the event of the insolvency or any other analogous proceedings in relation to that bank or person, your money may be treated differently from the treatment which would apply if the money was held with a bank in an account in our home jurisdiction. We will not be liable for the insolvency, acts or omissions of any third party referred to in this clause.
1.6 We may deposit your money with a depository who may have a security interest, lien or right of set-off in relation to that money.
1.7 Upon signing or acceptance of the Customer Agreement, you hereby authorise the Company to process any deposits and withdrawals from the “Client Funds” Bank Account on behalf of the Company including, and without prejudice to, the generality of the above, withdrawals for the settlement of all transactions undertaken under the Customer Agreement, and all amounts which are payable by or on behalf of the Client to the Company or any other person.
1.8 Unless otherwise agreed to in writing between the Company and the Client, the Company may, at its discretion, from time to time and without the Client’s authorisation, set-off any amounts held on behalf of the Client and/or to the credit of the Client against the Client’s obligation to the Company or its Broker(s). Unless otherwise agreed to in writing by the Company and the Client, this Agreement shall not give rise to rights of any credit facilities.
8A. Funding and Withdrawals of the Client’s Account
2.1 You may fund your Account by credit or debit card, wire transfers or SEPA transfers, e-wallets or other similar methods of money transfer acceptable by the Company or any of its affiliated companies from time to time in its absolute discretion. We do not guarantee that all the transfer methods are available to be used in your country. Transfers to fund your account can only be initiated by you either 1) through the trading platform or 2) through the assistance of a telephone representative, subject to your express consent.
2.2 The minimum initial deposit required to start trading is described in the ‘Accounts’ section of our Website. At our discretion, we can allow you to start trading if you have transferred fewer funds than the minimum initial deposit. We reserve the right to refuse cash deposits and/or access to trading accounts due to said cash deposits.
2.3 You may request to withdraw funds deposited from your account as per the procedure described in the withdrawals section of the website, subject to delivering to us the required documents. If your withdrawal request is made to us without meeting all requirements, the Company reserves absolute discretion to withhold this withdrawal request until all legal requirements are met. The Company does not charge any fees for transferring withdrawal funds to you, but any expenses incurred by the bank, credit card company, payment processor, or e-wallet for transferring the withdrawn funds shall be passed to you; please refer to the relevant section on our website. The maximum amount that can be transferred to your initial deposit facility is equal to the initial deposit made. Profits made can only be transferred to your bank account.
2.4 The Client may withdraw funds deposited to his/her Account and/or profit gained through trading transactions from his/her Accounts only to the relevant account or card that was used to fund the Account (such account to be called “Originating Account/Card”). Transfers (withdrawals) of funds to accounts or cards other than the Originating Account/Card may be permitted at the Company’s sole discretion and provided the Company is satisfied that there is a reasonable justification for transmitting the funds to a different account. The minimum withdrawal amount is USD 100,unless otherwise stated.
2.5 The Client is fully responsible for the payment details given to the Company and the Company accepts no responsibility for the Client’s funds, if the details provided by the Client are incorrect. If a withdrawal request is made to a bank account, the Client has 10 working days from the date of the withdrawal request to provide his bank details. If ten days have passed without obtaining sufficient and appropriate information, the funds will be returned to his trading account and a new withdrawal request must be submitted.
2.6 The Company will process withdrawals of Client funds only when the identity of the Client is verified by valid “Know Your Client” and Anti-Money Laundering documentation.
2.7A We shall make any payments due to you in such a manner as we deem appropriate in the circumstances and maintain a zero-tolerance policy for any violations of these Terms and Conditions such as, but not limited to, any fraudulent credit/debit card use, credit/debit card chargebacks, or other processor chargebacks (regardless of when the transaction or chargeback occurred), in which case all accounts will be immediately and irrevocably terminated.
You acknowledge that we are not required to provide you notice before closing your trades and/or account but may choose to do so.
2.7B In cases of suspected “Friendly Fraud” such as an unwarranted chargeback claim against a legitimate transaction,
a) Immediately, irrevocably, and indefinitely ban you – and all third parties you have authorised to act on your behalf – from using our services. We reserve the right to implement bans on:
i. All IP addresses used to access or otherwise associated with your account;
ii. Your own and your authorised third parties’ registered postal and billing addresses transmitted during the account verification process;
iii. Your own and your authorised third parties’ names and last names, and all other identification details as they appear on the identification documents submitted during the account verification process;
iv. Any other identifying elements we may find appropriate and effective.
All bans will be final and non-negotiable and may include any of the following actions:
b) Recover the chargeback amount(s) from your account’s remaining balance;
c) Seize the total sum of profits from your account’s remaining balance;
d) Seize any given bonuses from your account’s remaining balance;
e) Notify all relevant credit issuers and credit rating institutions;
f) Pursue criminal proceedings against you for credit card fraud;
g) Initiate civil proceedings against you for redress, compensation, and recovery of any and all incurred losses and damages, including damages to reputation, directly or indirectly related to fraudulent chargebacks.