Risk disclosure statement
In consideration of Optionxchange agreeing to enter into Binary Options Trading with the undersigned (hereinafter referred to as the “Customer”, “you”, “your”), Customer acknowledges, understands and agrees that:
Trading Is Very Speculative and Risky
Trading Binary Options is highly speculative, involves a significant risk of loss and is not suitable for all investors but only for those customers who:
(a) understand and are willing to assume the economic, legal and other risks involved;
(b) understand Binary Options trading and are knowledgeable about trading in Binary Options and in its underlying asset types; and
(c) are financially able to assume the loss of their total investment.
Binary Options is not an appropriate investment for retirement funds. Binary options are among the riskiest types of investments and can result in the loss of your total investment. Customer represents, warrants and agrees that Customer understands these risks, is willing and able, financially and otherwise, to assume the risks of trading Binary Options and that the loss of Customer’s entire account balance will not change Customer’s lifestyle.
Customer understands that Binary Options Trading can only be settled in cash.
Conflicts of Interest
Optionxchange is the counterparty to all Transactions entered into under the customer agreement and, as such, Optionxchange’s interests may be in conflict with yours. Our conflicts of interest policy is available at Optionxchange’s website.
There is no central clearing and no guarantee by any other party of Optionxchange’s payment obligations to the Customer, thus Customer is exposed to credit risk with Optionxchange. Customer must look only to Optionxchange for performance of all contracts in Customer’s account and for return of any collateral.
Prices (Opening Rates), Are Set By Optionxchange And May Be Different From Prices Reported Elsewhere
Optionxchange will provide prices to be used in trading, valuation of Customer positions and determination of Margin requirements in accordance with its Terms & Conditons.
Trading Policies and Procedures
The performance of your Binary Options Contract will depend on the prices set by Optionxchange and market fluctuations in the underlying asset to which your contract relates. Each underlying asset therefore carries specific risks that affect the result of the Binary Option concerned.
Our prices for a given market are calculated by reference to the price of the relevant underlying asset which we obtain from third party external reference sources or exchanges. For our Binary Options contracts, we obtain price data from wholesale market participants. Although Safecap expects that these prices will be reasonably related to prices available in the market, Optionxchange’s prices may vary from prices available to banks and other market participants. Safecap has considerable discretion in setting and collecting margin. Optionxchange is authorized to convert funds in Customer’s account for margin into and from such foreign currency at a rate of exchange determined by Optionxchange in its sole discretion on the basis of then-prevailing money market rates.
Rights to Underlying Assets
You have no rights or obligations in respect of the underlying instruments or assets relating to your Binary Options Trading. The Customer understands that Binary Options can have different underlying assets, such as stocks, indices, currencies and commodities, as specified in the asset index page of Optionxchange’s website.
One Click Trading And Immediate Execution
Optionxchange’s Online Trading System provides immediate transmission of Customer’s Order once Customer enters the notional amount and clicks “CALL/PUT. And then APPLY” This means that there is no opportunity to review the Order after clicking “APPLY” and Market Orders cannot be cancelled or modified. This feature may be different from other trading systems you have used Customer acknowledges and agrees that by using Optionxchange’s Online Trading System, Customer agrees to the one-click system and accepts the risk of this immediate transmission/execution feature.
Optionxchange Is Not An Adviser Or A Fiduciary To Customer
Where Optionxchange provides generic market recommendations, such generic recommendations do not constitute a personal recommendation or investment advice and have not considered any of your personal circumstances or your investment objectives, nor is it an offer to buy or sell, or the solicitation of an offer to buy or sell, any Binary Options. Each decision by Customer to trade Binary Options with Optionxchange and each decision as to whether a transaction is appropriate or proper for Customer, is an independent decision made by the Customer. Optionxchange is not acting as an advisor or serving as a fiduciary to Customer. Customer agrees that Optionxchange has no fiduciary duty to Customer and no liability in connection with and is not responsible for any liabilities, claims, damages, costs and expenses, including attorneys’ fees, incurred in connection with Customer following Optionxchange’s generic trading recommendations or taking or not taking any action based upon any generic recommendation or information provided by Optionxchange.
Recommendations Are Not Guaranteed
The generic market recommendations provided by Optionxchange are based solely on the judgment of Optionxchange s personnel and should be considered as such. Customer acknowledges that Customer enters into any Transactions relying on Customer’s own judgment. Any market recommendations provided are generic only and may or may not be consistent with the market positions or intentions of Optionxchange and/or its affiliates. The generic market recommendations of Optionxchange are based upon information believed to be reliable, but Optionxchange cannot and does not guarantee the accuracy or completeness thereof or represent that following such generic recommendations will reduce or eliminate the risk inherent in trading Binary Options.
No Guarantees Of Profit
There are no guarantees of profit nor of avoiding losses when trading Binary Options. Customer has received no such guarantees from Optionxchange or from any of its representatives. Customer is aware of the risks inherent in trading Binary Options and is financially able to bear such risks and withstand any losses incurred.
When Customer trades online (via the internet), Optionxchange shall not be liable for any claims, losses, damages, costs or expenses, caused, directly or indirectly, by any malfunction, disruption or failure of any transmission, communication system, computer facility or trading software, whether belonging to Optionxchange, Customer, any exchange or any settlement or clearing system.
Optionxchange is not responsible for disruption, failure or malfunction of telephone facilities and does not guarantee its telephone availability. For the avoidance of doubt, Customer is aware that Optionxchange may not be reachable by telephone at all times. In such cases Customer shall place his/her order through other means offered by the Company.
Should a quoting error occur (including responses to Customer requests), Optionxchange is not liable for any resulting errors in account balances and reserves the right to make necessary corrections or adjustments to the relevant Account.
Any dispute arising from such quoting errors will be resolved on the basis of the fair market value, as determined by Optionxchange in its sole discretion and acting in good faith, of the relevant market at the time such an error occurred. In cases where the prevailing market represents prices different from the prices Optionxchange has posted on our screen, Optionxchange will attempt, on a best efforts basis, to execute Transactions on or close to the prevailing market prices. These prevailing market prices will be the prices, which are ultimately reflected on the Customer statements. This may or may not adversely affect the Customer’s realized and unrealized gains and losses.
Optionxchange participates in the Investor Compensation Fund for clients of investment firms regulated in the Republic of Cyprus. Customers will be entitled to compensation under the Investor Compensation Fund where we are unable to meet our duties and obligations arising from your claim. Any compensation provided to you by the Investor Compensation Fund shall not exceed twenty thousand Euro (20.000). This applies to your aggregate claims against us.
I /We have read, understood and agree to the risk disclosure statement and the trading policies and procedures set out above