Apex Capital Markets LLC Terms & Conditions

Last revised: 12 July 2022

Privacy Policy:

This Policy is in line with Article 24 GDPR (EU) 2016/679, taking into account the nature, scope, context and purposes of processing as well as the risks to the rights and freedoms of natural persons, Apex Markets has implemented appropriate technical and organisational measures to ensure pursuance to the General Data Protection Regulation (GDPR). This policy stands as the cornerstone to Apex Markets compliance with GDPR and is reviewed and updated accordingly.

This Policy provides data subjects with information on how Apex Markets collects personal data, what is done with it, and to whom it is shared. This privacy notice has been drafted in compliance with the requirements of the General Protection Regulation, Regulation (EU) 2016/679, (the “GDPR”) and on the basis of the information Commissioner’s Code of Practice on “Privacy notices, transparency and control” and the Article 29 European Commission Guidelines on transparency under the GDPR.

It is strongly recommended that you read this privacy notice carefully as your privacy on the internet especially when manoeuvring our platform is important to us.

Information collected by us:

In the course of your registration as a client, signing up for an account with Apex Markets or completing any form on our website, subscribing to our services, news or offers, marketing communications or posting material, the following information about you (“Your Data”) will be collected and stored for administrative, service related and/or legal purposes.

The collection of personal information is limited as to what is necessary to administer our business and carry out our regulated activities in an effort to provide you with quality service.

Information that you provide to us directly:

Personal information, such as names, addresses, personal registration number, national identification number, passport number and email addresses etc. (“Personal Information”), and some info is optional and conditional depending on the situation such as financial Information, trading experience and employment information for appropriateness assessment will also be collected.

However, the meaning of data “provided to” Apex Markets is not limited to this. Additionally, as standard, client's Email addresses may be used by Apex Markets in relation to its products and services (including any marketing campaigns related to these products or services). If you do not wish to receive marketing material and communications, you can withdraw at any time by clicking on “unsubscribe” or by sending an email stating so to support@apexmarkets.io

The type of data collected and purpose of collection:

The purpose of collecting stated information is to be in compliance with the anti money laundering laws (AML) and other regulatory obligations in relation to Know Your Client (KYC) and client due diligence. To verify your identity using our verification processes.

The type of personal information related to the above stated purpose includes: Personal information such as gender, name, date of birth and address, Ethnicity, citizenship and identification number/social security number.

Responding to legal requests or preventing harm:

The collection of data and personal information to access our platform such as signing the authorization forms protects the company and clients and allows us to respond to legal requests and to prevent harm more effectively. Information collected is accessed, preserved and shared with regulators, law enforcement or others by request. The company responds to legal requests when we have a good-faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognised standards.

A belief from good-faith is necessary to detect, prevent and address fraud, unauthorised use of the services or products, violations of our terms or policies, or other harmful or illegal activity; to protect ourselves (including our rights, property or Products), you or others, including as part of investigations or regulatory inquiries; or to prevent death or imminent bodily harm. For example, if relevant, we provide information to and receive information from third-parties about the reliability of your account to prevent fraud, abuse and other harmful activity on and off our services and or products.

Information we receive about you (including financial transactions as data related to deposits and withdrawals) can be accessed and preserved for an extended period when it is the subject of a legal request or obligation, governmental investigation, or investigations of possible violations of our terms or policies, or otherwise to prevent harm. Information from accounts disabled for term violations for at least a year to prevent repeat abuse or other term violations may also be retained.

Keeping your personal information secure

Clients' Data is stored and kept confidential according to the legislation on protection of personal data and processing thereof applicable in the jurisdiction in which Apex Markets with which you have signed up is located.

There are appropriate security measures in place to prevent personal information from being accidentally lost, misused, modification, disclosure or accessed in an unauthorised way. Access is limited to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.

There are also procedures in place to deal with any suspected data security breach. Which will be notified to you and any applicable regulator of a suspected data security breach where we are legally required to do so.

Legal basis for processing personal data

The authorised use and collecting of client's personal information is empowered to the company on a lawful basis for processing under EU data protection law, there must be a lawful basis for all processing of personal data (unless an exemption or derogation applies). We rely on:

Contractual necessity Processing is necessary for the performance of a contract with the data subject or to take steps to enter into a contract to conduct regulated activities, when processing is necessary for the entry into, or performance of contract with the data subject or in order to take steps at this or her request prior to the entry into a contract.

Compliance with legal obligations Processing is necessary for compliance with our legal obligation. Apex Markets has the necessity for compliance with a legal obligation.

Legitimate interest Data will only be processed where it is necessary for the purposes of the legitimate interests pursued by Apex Markets, and these interests or fundamental rights are not overridden by the interests, rights and freedoms of the data subject and that the processing would not cause unwarranted harm. For instance, it is a legitimate interest of Apex Markets to process personal data on data subjects in order to expand the business, develop new business relations, prevention of fraud, maintaining the security of our systems if/when necessary, enhancing, modifying or improving our services. The data subject must be given information on the specific legitimate interest if a processing is based on this provision.

Your rights as a client/user:

The General Data Protection Regulation (GDPR) provides a number of important rights if you are resident within the European Union. Some of which includes; the fair processing of information and transparency over how it is used. There is the right to request that your personal data is corrected if it is found to be inaccurate and require us to correct any mistakes in your information which we hold.

Contact us:

If you wish to contact us with any queries, concerns or complaints, you can email us at support@apexmarkets.io

Refund Policy

Apex Capital Markets LLC holds a strict NO REFUND POLICY; It should be taken into account that services offered by Apex Capital Markets LLC are intangible and have no means of being returned.

Thereby, after authorised payments are made and clients are granted complete access to the platform, their right to a refund has been automatically rescinded.

A confirmation email will be sent to you after receiving a cleared authorised payment for any one of our services/programs.

The contents of this email will include the login details to grant access to the platform serving as the grant of a licence to access our online software services and products.

Therefore, after payment is cleared and once this information is dispensed to you thereby resulting in access being granted to you, the ability to get a refund has been revoked.

However, If you believe that you have made a payment in error, please contact Apex Capital Markets LLC as soon as it is reasonably possible at support@apexmarkets.io to have the issue rectified. If you request a refund without contacting us it will be an invalid request and doing that will risk your account being banned.

Cancellation policy:

You may cancel your Service by contacting Apex Markets support via email at support@apexmarkets.io.

As stated previously; If the client makes a request for cancellation after payment, the client is not entitled to a refund.

Additionally, If you overpaid, underpaid or made any payment error, you may contact us and we will assist you in resolving the issue.

It should be duly noted that all accounts associated with a chargeback will be automatically forfeited.

Acceptance of this Policy

The term of service for Apex Capital Markets LLC should be read and understood by all users and clients.

Therefore, It is your responsibility to familiarise yourself with the Refund and Cancellation Policy.

The act of making a payment for any of the services offered by Apex Markets, signing the required documents upon payment and accepting the terms on conditions virtually on the platform will be treated as the client’s acceptance of this policy and the company’s Terms and Conditions.

If you are not in agreement with this policy and this company’s terms of service do not make a payment or place an order.

Additionally, If you have any queries pertaining to our Refund Policy and payment procedure please contact us at support@apexmarkets.io

Payment procedure

Payments on the platform will be handled by third party payment processors. The following shall be the procedures to be adhered to by users. Users who make payments through bank transfers and credit/debit cards should note that it is crucial to sign the necessary forms before making payment on the platform. If there are any inconsistencies or suspicion that arises with the information provided we may require you to provide sufficient evidence (to our satisfaction) of the source of any funds you use to make any payments to us and we reserve our rights to prohibit you from entering into any contracts or transactions until we are satisfied with the information (or evidence) you have supplied and that information (or evidence) does not give us any reason to suspect any illegality in respect of those payments made by you.

To determine whether to accept payments from you under this agreement, we will have utmost regard to our obligations under applicable Governing Legislation. Accordingly, we may in our absolute discretion reject payments from you or a third party.

In particular, payments will not be accepted from a bank account if it is not evident to us that the bank account is in the Client’s name. Also, Clients must ensure that they are the authorised card holder for the card used to make payments on the platform.

Time is of the essence in respect of any payment obligation under this Agreement. Lastly, It is acknowledged that in some instances there might be delays in your deposited funds being reflected in your account. You acknowledge and agree that the Company shall not be held responsible for any such delays.

Risk Warning:

By gaining access to our online software services, one must be cognizant of the risks involved that results from the personal usage and choices with their accounts on this platform.

Clients making the decision to partake in transactions dealing with derivatives/ leveraged products, should understand that it carries a high level of risk to capital and therefore it is advised to only use money one can afford to lose. Therefore, such transactions involving derivatives may not be suitable for all investors. Clients should also take into account their investment or monetary objectives, risk tolerance and level of experience.

Lastly, if necessary feel free to further educate yourself or seek independent advice.

The information on this site is not intended for residents or use by any person in any country or jurisdiction where such distribution or use would be contrary to local law or regulation.

Know Your Client (KYC) and Anti Money Laundering (AML):

You acknowledge and agree:to the fact that we are required to properly identify and verify you prior to agreeing to open an account because we are subject to the AML Laws;

to provide all information and documentation we require to verify you;

we reserve our rights to reject your application for an account if we cannot properly verify you, and will not be liable whatsoever for that rejection;

that we may delay, block or refuse to make any payment or to provide any service if we believe on reasonable grounds that to do so may breach AML Laws or any law in our jurisdiction or that of any other country, and we will incur no liability to you if we do so;

that during the term of this agreement, we also reserve our rights to take action against you upon reasonable belief and as seen necessary if we suspect that you are breaching any AML Laws; and

that the payment of money to us or any instructions given by you, will not breach any law in any country. You agree to provide all information (and complete any documents) that we are required to obtain in accordance with the Foreign Account Tax Compliance Act and Anti money laundering laws.

Anti money laundering policy

Every client and user represents (hereby stated as I) and warrants that any transaction in accordance with this will serve as an act in full compliance with all the applicable local, national and international laws and regulations. Continually, I represent and warrant and certify that I am by no means under investigation by any governmental authority with regards to, have been charged with, or convicted of; money laundering, drug trafficking, any terrorist related activities, or any crimes which in any jurisdiction would be predicate crimes or offenses that are in contravention to anti-money laundering laws.I affirm that I have not been assessed civil or criminal penalties under any Anti money laundering law or have had any seizure of funds or forfeiture of any action under any anti-money laundering laws of any country/ jurisdiction.Therefore, I represent and warrant that the funds for this monetary payment to Apex Markets does not and will not derive from any illegal activity that violates any Anti Money Laundering Laws and Regulations.

I recognize that by law, Apex Markets may disclose my name and identity in the event that such information is requested by authorised personnel only. Additionally, I will notify Apex Markets at once, when it is known to me that said representation is fallacious or becomes fallacious. Finally, subject to and upon the terms and conditions, Clients shall indemnify and hold harmless Apex Markets, its employees, affiliates and directors and third party providers from any claim or disputes that may arise as a result of any transactions and payments made by me in relation to Apex Markets software licence agreement/s.

Requirements

Every client should note that it is crucial to sign the customer agreement, (and any other necessary documents stipulated by the company) when payment is made on the platform. If this is not adhered to, we retain the right to reject payment, and or suspend a client’s use of services for non compliance.

As aforementioned, clients are required to verify payment/s by signing the customer agreement which will unlock certain payment methods.

There are no limits on credit or debit card payments or wire transfers once the required valid government issued ID (drivers licence, passport, national ID), customer agreement for wire transfer or bank payment are submitted and approved. The signature on the customer payment agreement must match or be identical to the signature on the ID. Information submitted to us must be consistent and valid for an approval to take place. Our team will review documents once submitted and reserves the right to reject or disapprove documents presented if any inconsistency or any other reasonable grounds of rejection is suspected.

The following documents are required for KYC Verification:

A CLEAR picture of the front and back of your valid Government-Issued Photo ID which can be any of the following: Passport, Drivers Licence, or National ID.

A CLEAR picture of you holding your Government-Issued ID Beside your face.

A SIGNED Customer Agreement.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES

By accessing Apex Capital Markets LLC, Apex Capital Markets Ltd., Apex Markets or any of its affiliates' (collectively, "Apex") website, you acknowledge and agree that you have read, understood, and agreed to be bound by the following disclaimer of warranties and limitation of liabilities:

Apex is a Software Development and Integration company that provides a licensed software product as an online account facilitator to authorized users, which enables them access to a host of services through their account. Apex does not hold client funds, provide financial, exchange, investment, brokerage or consulting services, nor does it provide any financial or other services advertised on this website. The platform showcased on this website serves demonstration purposes only.

The information on this website and our services are not directed at residents of any jurisdiction where foreign exchange trading is restricted or prohibited by local laws or regulations. Articles and financial market analyses on this website are prepared or accomplished by an author in his personal capacity. The views and opinions expressed in postings on this website belong solely to the author and may not reflect those of the company’s management or the official position of the company. The contents of the site do not constitute financial advice and are provided solely for informational purposes without taking into account your personal objectives, financial situation or needs.

Apex's service is to be taken as just that is described and not to be confused or misconstrued to be anything else as not to prejudice the operation and goodwill of the company. Apex has no responsibility or liability for any aspect of usage by users not in conformity with our services, with respect to being in full compliance with governing laws concerning this industry. Apex disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

You acknowledge that you have carefully studied the documents posted on this website: Legal information and Disclaimers, Acceptable use Policy, Privacy Policy, Cookie Policy, Anti Money Laundering and KYC policies and all other relevant policies. These documents are available only in English. You acknowledge that you know the English language at a sufficient level to understand the text of these documents, and you fully understand the legal consequences of these documents. In case you do not understand or understand the English language poorly, you acknowledge that you have used the services of a professional interpreter. If you don’t agree with this statement or the information provided within the documents, please leave this website immediately.

Apex does not accept payment via email, phone, social media, in person. All payments made are made online to third party payment processors to access the services offered. All services/products offered are offered by third party software providers as apex just facilitates the creation of these accounts.

Apex shall not be liable to you or any third party for any damages, whether direct, indirect, incidental, special, consequential or punitive arising out of or in connection with your access to or use of this website, its contents or services, even if Apex has been advised of the possibility of such damages. Apex shall not be liable for any failure or delay in performing any obligation under these terms and conditions, whether or not such failure or delay is due to causes beyond its control.

Lastly, if any provision of the terms of service and legal documents are unenforceable or held illegal in a judicial proceeding, such provision shall be severed and held inoperative, whilst holding the remaining portion of this document operative and binding on both parties.

By signing up, you agree to our terms and conditions. We reserve the right to deny our services, deactivate accounts, discontinue services to any customer that exceeds our risk tolerance.