1. Risk Warning
Prospective clients should study the following risk warnings
very carefully. Please note that we do not explore or
explain all the risks involved when dealing in Financial
Instruments. We outline the general nature of the risks of
dealing in Financial Instruments on a fair and
non-misleading basis.
In particular, Contracts for Difference ('CFDs') are complex
financial products and not suitable for all investors. CFDs,
are leveraged products that mature when you choose to close
an existing open position. By investing in CFDs, you assume
a high level of risk and can result in the loss of all of
your invested capital.
Unless a client knows and fully understands the risks
involved in each Financial Instrument, they should not
engage in any trading activity. You should not risk more
than you are prepared to lose. Patriotpeak Capital will not
provide clients with any investment advice in relation to
investments, possible transactions in investments, or
Financial Instruments, neither will we make any investment
recommendations. Clients should consider which Financial
Instrument is suitable for them according to their financial
status and goals before opening an account with Trade
Cen INTERNATIONAL. If a client is unclear about the risks
involved in trading in Financial Instruments, then they
should consult an independent financial advisor. If the
client still doesn't understand these risks after consulting
an independent financial advisor, then they should refrain
from trading at all. Purchasing and selling Financial
Instruments comes with a significant risk of losses and
damages and each client must understand that the investment
value can both increase and decrease, clients they are
liable for all these losses and damages, which could result
in more than the initial invested capital once they make the
decision has been made to trade.
2. Acknowledgement
Technical Risk
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The Client shall be responsible for the risks of financial
losses caused by the failure of information,
communication, electronic and other systems. The result of
any system failure may be that his order is either not
executed according to his instructions or it is not
executed at all. Patriotpeak Capital does not accept any
liability in the case of such a failure.
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While trading through the Client Terminal the Client shall
be responsible for the risks of financial losses caused
by:
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Client's or Patriotpeak Capital's hardware or software
failure, malfunction or misuse;
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poor Internet connection either on the side of the
Client or Patriotpeak Capital or both, or
interruptions or transmission blackouts or public
electricity network failures or hacker attacks,
overload of connection;
- the wrong settings in the Client Terminal;
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(delayed Client Terminal updates;
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the Client disregarding the applicable rules described
in the Client Terminal user guide and in the
Patriotpeak Capital's Website.
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The Client acknowledges that at times of excessive deal
flow the Client may have some difficulties to be connected
over the telephone with a Dealer, especially in a Fast
Market (for example, when key macroeconomic indicators are
released).
Abnormal Market Conditions
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The Client acknowledges that under Abnormal Market
Conditions the period during which the Instructions and
Requests are executed may be extended.
Trading Platform
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The Client acknowledges that only one Request or
Instruction is allowed to be in the queue at one time.
Once the Client has sent a Request or an Instruction, any
further Requests or Instructions sent by the Client are
ignored and the "Order is locked" message appears until
the first Request or Instruction is executed.
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The Client acknowledges that the only reliable source of
Quotes Flow information is that of the real/live Server's
Quotes Base. Quotes Base in the Client Terminal is not a
reliable source of Quotes Flow information because the
connection between the Client Terminal and the Server may
be disrupted at some point and some of the Quotes simply
may not reach the Client Terminal.
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The Client acknowledges that when the Client closes the
order placing/modifying/deleting window or the position
opening/closing window, the Instruction or Request, which
has been sent to the Server, shall not be cancelled.
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In case the Client has not received the result of the
execution of the previously sent Instruction but decides
to repeat the Instruction, the Client shall accept the
risk of making two Transactions instead of one, however
the Client may receive an "Order is locked" message as
described in point 2.5 above.
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The Client acknowledges that if the Pending Order has
already been executed but the Client sends the Instruction
to modify its level and the levels of If-Done Orders at
the same time, the only Instruction, which will be
executed, is the Instruction to modify Stop Loss and/or
Take Profit levels on the position opened when the Pending
Order triggered.
Communication
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The Client shall accept the risk of any financial losses
caused by the fact that the Client has received with delay
or has not received at all any notice from Patriotpeak
Capital INTERNATIONAL.
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The Client acknowledges that the unencrypted information
transmitted by email is not protected from any
unauthorised access.
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The Client is fully responsible for the risks in respect
of undelivered trading platform internal mail messages
sent to the Client by Patriotpeak Capital as they are
automatically deleted within 3 (three) calendar days.
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The Client is wholly responsible for the privacy of the
information received from Patriotpeak Capital and accepts
the risk of any financial losses caused by the
unauthorised access of a third party to the Client's
Trading Account.
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Patriotpeak Capital has no responsibility if
authorized/unauthorised third persons have access to
information, including electronic addresses, electronic
communication and personal data, access data when the
above are transmitted between Patriotpeak Capital or any
other party, using the internet or other network
communication facilities, telephone, or any other
electronic means.
Force Majeure Event
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In case of a Force Majeure Event the Client shall accept
the risk of financial losses.
3. Risk Warning Notice for
Foreign Exchange and Derivative Products
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This notice cannot disclose all the risks and other
significant aspects of foreign exchange and derivative
products such as futures, options, and Contracts for
Differences. You should not deal in these products unless
you understand their nature and the extent of your
exposure to risk. You should also be satisfied that the
product is suitable for you in light of your circumstances
and financial position. Certain strategies, such as a
"spread" position or a "straddle", may be as risky as a
simple Long or Short position.
Although forex and
derivative instruments can be used for the management of
investment risk, some of these products are unsuitable for
many investors. You should not engage in any dealings
directly or indirectly in derivative products unless you
know and understand the risks involved in them and that
you may lose entirely all of your money. Different
instruments involve different levels of exposure to risk
and in deciding whether to trade in such instruments you
should be aware of the following points:
Effect of Leverage
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Under Margin Trading conditions even small market
movements may have great impact on the Client's Trading
Account. It is important to note that all accounts trade
under the effect of Leverage. The Client must consider
that if the market moves against the Client, the Client
may sustain a total loss greater than the funds deposited.
The Client is responsible for all the risks, financial
resources the Client uses and for the chosen trading
strategy.
It is highly recommended that the Client
maintains a Margin Level (percentage Equity to Necessary
Margin ratio which is calculated as Equity / Necessary
Margin * 100%) of not lower than 1,000%. It is also
recommended to place Stop Loss to limit potential losses,
and Take Profit to collect profits, when it is not
possible for the Client to manage the Client's Open
Positions.
The Client shall be responsible for all
financial losses caused by the opening of the position
using temporary excess Free Margin on the Trading Account
gained as a result of a profitable position (cancelled by
Patriotpeak Capital afterwards) opened at an Error Quote
(Spike) or at a Quote received as a result of a Manifest
Error.
High Volatile Instruments
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Some Instruments trade within wide intraday ranges with
volatile price movements. Therefore, the Client must
carefully consider that there is a high risk of losses as
well as profits. The price of Derivative financial
instruments is derived from the price of the underlying
asset in which the instruments refer to (for example
currency, stock, metals, indices, etc). Derivative
financial instruments and related markets can be highly
volatile. The prices of instruments and the underlying
asset may fluctuate rapidly and over wide ranges and may
reflect unforeseeable events or changes in conditions,
none of which can be controlled by the Client or
Patriotpeak Capital INTERNATIONAL. Under certain market
conditions it may be impossible for a Client's order to be
executed at declared price leading to losses. The prices
of instruments and the underlying asset will be influenced
by, amongst other things, changing supply and demand
relationships, governmental, agricultural, commercial and
trade programs and policies, national and international
political and economic events and the prevailing
psychological characteristics of the relevant market
place. Therefore, Stop Loss order cannot guarantee the
limit of loss.
The Client acknowledges and accepts
that, regardless of any information which may be offered
by Patriotpeak Capital INTERNATIONAL, the value of
Instruments may fluctuate downwards or upwards and it is
even probable that the investment may become of no value.
This is owed to the margining system applicable to such
trades, which generally involves a comparatively modest
deposit or margin in terms of the overall contract value,
so that a relatively small movement in the underlying
market can have a disproportionately dramatic effect on
the Client's trade. If the underlying market movement is
in the Client's favour, the Client may achieve a good
profit, but an equally small adverse market movement can
not only quickly result in the loss of the Clients' entire
deposit, but may also expose the Client to a large
additional loss.
Liquidity
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Some of the underlying assets may
not become immediately liquid as a result of reduced
demand for the underlying asset and Client may not be able
to obtain the information on the value of these or the
extent of the associated risks.
Contracts for Differences
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The CFDs available for trading with the Company are
non-deliverable spot transactions giving an opportunity to
make profit on changes in currency rates, commodity, stock
market indices or share prices called the underlying
instrument. If the underlying instrument movement is in
the Customer's favour, the Customer may achieve a good
profit, but an equally small adverse market movement can
not only quickly result in the loss of the Customers'
entire deposit but also any additional commissions and
other expenses incurred. So, the Customer must not enter
into CFDs unless he is willing to undertake the risks of
losing entirely all the money which he has invested and
also any additional commissions and other expenses
incurred.
Investing in a Contract for Differences carries the same
risks as investing in a future or an option and you
should be aware of these as set out above. Transactions
in Contracts for Differences may also have a contingent
liability and you should be aware of the implications of
this as set out below.
Off-exchange Transactions in Derivatives
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CFDs, forex and precious metals are off-exchange
transactions. While some off-exchange markets are highly
liquid, transactions in off-exchange or non-transferable
derivatives may involve greater risk than investing in
on-exchange derivatives because there is no exchange
market on which to close out an Open Position. It may be
impossible to liquidate an existing position, to assess
the value of the position arising from an off-exchange
transaction or to assess the exposure to risk. Bid prices
and Ask prices need not be quoted, and, even where they
are, they will be established by dealers in these
instruments and consequently it may be difficult to
establish what is a fair price.
In regards to transactions in CFDs, forex and precious
metals with Patriotpeak Capital, Patriotpeak Capital
INTERNATIONAL is using a trading platform for
transactions in CFDs which does not fall into the
definition of a recognized exchange as this is not a
Multilateral Trading Facility and so do not have the
same protection.
Foreign Markets
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Foreign markets involve various risks. On request, Patriotpeak Capital must provide an
explanation of the relevant risks and protections (if any)
which will operate in any foreign markets, including the
extent to which it will accept liability for any default
of a foreign firm through whom it deals. The potential for
profit or loss from transactions on foreign markets or in
foreign denominated contracts will be affected by
fluctuations in foreign exchange rates.
Contingent Liability Investment Transactions
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Contingent liability investment transactions, which are
margined, require you to make a series of payments
against the purchase price, instead of paying the whole
purchase price immediately. The Margin requirement will
depend on the underlying asset of the instrument. Margin
requirements can be fixed or calculated from current
price of the underlying instrument, it can be found on
the website of Patriotpeak Capital.
If you trade in futures, Contracts for Differences or
sell options, you may sustain a total loss of the funds
you have deposited to open and maintain a position. If
the market moves against you, you may be called upon to
pay substantial additional funds at short notice to
maintain the position. If you fail to do so within the
time required, your position may be liquidated at a loss
and you will be responsible for the resulting deficit.
It is noted that Patriotpeak Capital will not have a
duty to notify the Client for any Margin Call to sustain
a loss-making position.
Even if a transaction is not margined, it may still
carry an obligation to make further payments in certain
circumstances over and above any amount paid when you
entered the contract.
Contingent liability investment transactions which are
not traded on or under the rules of a recognised or
designated investment exchange may expose you to
substantially greater risks.
Collateral
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If you deposit collateral as security with Patriotpeak
Capital INTERNATIONAL, the way in which it will be treated
will vary according to the type of transaction and where
it is traded. There could be significant differences in
the treatment of your collateral depending on whether you
are trading on a recognised or designated investment
exchange, with the rules of that exchange (and the
associated clearing house) applying, or trading
off-exchange. Deposited collateral may lose its identity
as your property once dealings on your behalf are
undertaken. Even if your dealings should ultimately prove
profitable, you may not get back the same assets which you
deposited, and may have to accept payment in cash. You
should ascertain from your firm how your collateral will
be dealt with.
Commissions and Taxes
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Before you begin to trade, you should make yourself aware
of all commissions and other charges for which you will be
liable. If any charges are not expressed in monetary terms
(but, for example, as a percentage of contract value), you
should ensure that you understand the true monetary value
of the charges.
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There is a risk that the Client's trades in any Financial
Instruments including derivative instruments may be or
become subject to tax and/or any other duty for example
because of changes in legislation or his personal
circumstances. Patriotpeak Capital does not warrant that
no tax and/or any other stamp duty will be payable. The
Client is responsible for any taxes and/or any other duty
which may accrue in respect of his trades.
Suspensions of Trading
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Under certain trading conditions it may be difficult or
impossible to liquidate a position. This may occur, for
example, at times of rapid price movement if the price
rises or falls in one trading session to such an extent
that under the rules of the relevant exchange trading is
suspended or restricted. Placing a Stop Loss will not
necessarily limit your losses to the intended amounts,
because market conditions may make it impossible to
execute such an Order at the stipulated price. In
addition, under certain market conditions the execution of
a Stop Loss Order may be worse than its stipulated price
and the realized losses can be larger than expected.
Clearing House Protections
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On many exchanges, the performance of a transaction by
your firm (or third party with whom it is dealing on your
behalf) is guaranteed by the exchange or clearing house.
However, this guarantee is unlikely in most circumstances
to cover you, the Client, and may not protect you if your
firm or another party defaults on its obligations to you.
On request, Patriotpeak Capital must explain any
protection provided to you under the clearing guarantee
applicable to any on-exchange derivatives in which you are
dealing. There is no clearing house for traditional
options, nor normally for off-exchange instruments which
are not traded under the rules of a recognised or
designated investment exchange.
Insolvency
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Patriotpeak Capital's insolvency or default, may lead to
positions being liquidated or closed out without your
consent. In certain circumstances, you may not get back
the actual assets which you lodged as collateral and you
may have to accept any available payments in cash or by
any other method deemed to be appropriate.
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Segregated Funds will be subject to the protections
conferred by Applicable Regulations.
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Non-segregated Funds will not be
subject to the protections conferred by Applicable
Regulations. Non-segregated Funds will not be segregated
from Patriotpeak Capital's money and will be used in the
course of Patriotpeak Capital's business, and in the event
of Patriotpeak Capital's insolvency you will rank as a
general creditor.
4. Third Party Risk
This notice is provided to you in accordance with applicable
legislation.
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Patriotpeak Capital may pass money received from the
Client to a third party (e.g. a bank, a market,
intermediate broker, OTC counterparty or clearing house)
to hold or control in order to effect a Transaction
through or with that person or to satisfy the Client's
obligation to provide collateral (e.g. initial margin
requirement) in respect of a Transaction. Patriotpeak
Capital INTERNATIONAL has no responsibility for any acts
or omissions of any third party to whom it will pass money
received from the Client.
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The third party to whom Patriotpeak Capital will pass
money may hold it in an omnibus account and it may not be
possible to separate it from the Client's money, or the
third party's money. In the event of the insolvency or any
other analogous proceedings in relation to that third
party, Patriotpeak Capital may only have an unsecured
claim against the third party on behalf of the Client, and
the Client will be exposed to the risk that the money
received by Patriotpeak Capital from the third party is
insufficient to satisfy the claims of the Client with
claims in respect of the relevant account. Patriotpeak
Capital INTERNATIONAL does not accept any liability or
responsibility for any resulting losses.
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Patriotpeak Capital may deposit Client money with a
depository who may have a security interest, lien or right
of set-off in relation to that money.
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A Bank or Broker through whom Patriotpeak Capital deals
with could have interest contrary to the Client's
Interests.