Terms & Conditions.

1. Introduction (IMPORTANT)

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• By accessing the website rize-cap.com (the “Website”) you confirm that you are a business user over the age of 18 years and permitted to use the Website, and you agree to be bound by all the following terms and conditions of use stated herein below.

• These Terms and Conditions together with the documents referred to in it (the “Terms”) govern your rights and obligations in connection with the use of services provided by Rize Capital LLC (the “Services”), offered mainly through our Website whether as a guest or a registered user. It should be noted that these Terms govern your access to the Website except where there are separate terms and conditions relevant to particular areas of the Website, which are indicated on the appropriate Website page.

• If you do not agree to abide by these Terms then you should not use the Website. By using our Website, confirm that you accept these Terms.

• For clarity, in these Terms, references to “we”, “us”, “our”, “Rize Capital”, “Provider” and “ourselves” are references to Rize Capital LLC a corporation doing business with the name and/or business name Rize Capital, formed in Tokyo, Japan.

• Please note that use of our Website includes accessing, browsing, or registering to use our Website.

• We may from time to time modify these Terms and will post a copy of the amended Terms on the Website. You will be bound by such updated Terms from the time they are posted and/or uploaded on the Website. We would advise you to print a copy of these Terms for future reference as well as to periodically visit the Website and this web page to ensure that you are up to date with any changes that have been made.

• We grant to you a limited, non-exclusive, non-transferable license to access and use the Website in accordance with these Terms. Any use of the Websites not specifically permitted under these Terms is strictly prohibited.

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2. Definitions, Expressions, and Abbreviations used

• For the purposes of the Terms, the following definitions shall have the following meanings:

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“Content” means the Website and all Services, including data, information, multimedia elements such as texts, drawings, graphics, design, icons, images, audio and video samples, and other content that may form the Website and the Services;

“Customer” means the user of the Services (as set out in section 3 herein below).

“Rize Capital Trader Agreement” means an agreement executed between the Customer and a third party, the subject of which is the management and maintenance of the Rize Capital Trader (as set out in section 3 herein below); 

“Provider” means the provider of certain Services (as set out in section 1 herein above);

“Schedules” means Schedules 1 and 2, which are part of these Terms; 

“Services” means the Provider’s services as set out in sections 1 herein above and include Rize Accounts; these products may differ in the scope of the Services provided (e.g., by analytical tools available to the Customer).

“Terms” means these General Terms and Conditions of Rize Capital;

“Trading Platform” means an electronic interface provided by Metaquotes MetaTrader 5, a third-party software in which the Customer performs the demo trading;

“Website” means the website www.rize-cap.com.

• For the purposes of the Terms and their schedules, the following expressions and abbreviations shall have the following meanings:​

“Calendar day” means the period from midnight to midnight of the time currently valid in New York, New York, USA (Eastern Standard Time – EST);

​“Initial capital” means a virtual amount that the Customer has chosen when selecting the option of the Rize Capital Evaluation, and which the Customer will use to perform demo trading;

“EUR” means the euro;

“USD” means the United States dollar;

“GBP” means the British pound;

 

3. Scope

• These Terms govern your (“you”, “your”, or the “Customer”) rights and obligations in connection with the use of the Services provided by us.

• Immediately upon your first use of the Services – either upon registering on the Website and where registration is not required, not later than by your first use of the Services – you agree to enter into and you are entering into a contract with the Provider. It is also agreed by you that the subject matter of the said contract is the provision of the Services of your choice. You hereby agree and accept that these Terms constitute an integral part of the said contract and, by executing the contract with the Provider, you express your agreement to these Terms.

• These Terms set out the basis on which we agree to provide the Services.

• These Terms (and any amendments to these Terms) supersede any previous agreement between us and you on the same subject matter and take effect between us and you.

• Notwithstanding the provisions stated in the Introduction herein above, it is hereby agreed that the Services are only intended for persons over the age of 18 residing in the country, and in the event you are under 18 years of age, you may not use the Services. 

• You agree, confirm, and undertake to access the Services solely from one of the countries for which the Services are available and you undertake to only access and use the Services in accordance with all applicable laws and regulations. For clarity, you acknowledge that your access to and use of the Services may be restricted or prohibited by law in some countries. We reserve the right to restrict certain areas of the Website to you and you agree to notify us immediately of any unauthorized use of your member name, password, or account. We will not be responsible for any losses arising out of the unauthorized use by you and/or your account and you agree to indemnify us for any improper unauthorized or illegal uses of your account. 

• The Services consist of the provision of tools for simulated foreign exchange trading on the FOREX market or trading with other instruments on other financial markets. Financial market information is used in the simulated trading; however, you acknowledge that any trading that you perform through the Services is not real. You also acknowledge that the funds provided to you for demo trading are fictitious and that you have no right to possess those fictitious funds beyond the scope of their use within the Services, and in particular that they may not be used for any actual trading and that you are not entitled to the payment of those funds. Unless expressly agreed otherwise, you will not be paid any remuneration or profits based on the results of your simulated trading, nor will you be required to pay any losses.

• For clarity, we note:

  • Firstly, none of the Services can or may be considered by you as investment services as defined and/or described by the applicable laws.

  • Secondly, it is clear and agreed between us as the provided and you as the customer that we do not give nor provide you with any guidance, instructions, or information about how or in which manner you should perform transactions when using the Services or otherwise, or any other similar information about the investment tools traded, nor does the provider accept any such guidance, instructions, or information from you.

  • Thirdly, it is clear and agreed that none of the Services constitute investment advice or recommendations.

  • We confirm that none of our employees, staff, or representatives are authorized to provide you with any investment advice or recommendations. For the avoidance of any doubt, we should note that in the event any information or statement of any employee, staff, or representatives of the Provider may be interpreted by you as investment advice or recommendations, the Provider explicitly disclaims that the same is investment advice or recommendations and shall not be responsible for them.

 

4. Personal Data

• Your personal data is processed in accordance with the Privacy Policy which may be amended from time to time.

 

5. Services

• The Services will be provided once the Customer places an order to us.

• For the purposes of the required order stated herein above, the Customer shall complete an appropriate registration or order form and submit it to us via our Website. It is agreed that all data that will be provided to us by the Customer in accordance with the registration or order form, must be fully completed, true, accurate, and up-to-date. In the event of any change and/or amendment thereof, the Customer shall immediately and without undue delay notify us. For clarity, we note that we are not obligated to verify the data.

• Once the Customer’s registration or order form is validly submitted and approved by us, we will provide the Customer within a reasonable time via e-mail with all required details in order to enable the Customer to log in to the MetaTrader platform and allow the Customer to access them.

• The Customer hereby agrees and acknowledges that if the Customer provides an identification number, tax registration number, or other similar information in the registration or order form, or if the Customer states that it is a legal entity, the Customer will be considered an independent contractor for the purposes of these Terms and when using the Services, and the provisions of these Terms or the applicable law that grant rights to consumers will not apply to the Customer.

• The fee for the Rize Capital Evaluation accounts varies according to the option selected and depends on the amount of the initial practice capital. More detailed information on individual options and fees for those options are provided on the website. The fee will be determined based on the option the Customer may select when completing the form for ordering the Rize Capital Evaluation accounts. The Provider reserves the right to also provide the Services under individually agreed conditions. All individually agreed conditions shall be determined by the Provider at its own discretion. Individual discounts and other benefits may not be combined unless expressly stipulated otherwise by the Provider.

• The Customer agrees to pay the fee in order to have access to the Rize Capital Evaluation accounts, or the Services provided under the Rize Capital Evaluation accounts. The fee is not refundable to the Customer, including and not limited to the following circumstances: if the Customer requests the cancellation by e-mail; if the Customer terminates the use of the Services prematurely (for example, fails to complete the Rize Capital Evaluation account, fails to meet the conditions of the Rize Capital Evaluation account, or violates these Terms.

• If the Customer lodges an unjustifiable complaint regarding the paid fee or disputes the paid fee with the Customer’s bank or payment service provider (e.g. through chargeback services, dispute services, or other similar services), on the basis of which an annulment, cancellation or refund of the fee or any part thereof is requested, the Provider is entitled, at its own discretion, to stop providing to the Customer any services and refuse any future provision of any services and pursue the client for losses or damages incurred.

• The Provider reserves the right to unilaterally change in his sole and absolute discretion the fees and parameters of the Services at any time, including the parameters for their successful completion. The change does not affect the Services purchased before the change is notified.

• It is hereby agreed and acknowledged by the Customer that any data entered in the order form can be checked, corrected, and amended until the binding order of the Services. The order of the Services of your choice is made by submitting the order form. Once the submission is made the Provider will immediately confirm the receipt of your order to your e-mail address. The order is completed upon the delivery of the confirmation to your e-mail address, whereby the contract is executed. In the case of the Rize Capital Evaluation account, the order is completed upon the payment of the fee for the selected option, whereby the contract between you and the Provider is executed, the subject of which is the provision of the Rize Capital Evaluation accounts, if the conditions of the Rize Capital Evaluation account are met. The contract is concluded in English. We hereby confirm that we will archive the contract in electronic form and do not allow access to it.

• The Customer hereby agrees and acknowledges that in order to use our Services, the Customer shall obtain all appropriate technical equipment and software, including but not limited to the third-party software (e.g. software for the use of the Trading Platform), at its own risk and expense. We confirm that our Website is accessible from most commonly used web browsers. The internet access, purchase of the equipment, and purchase of the web browser and its updates are at your own risk and expense. The Provider does not warrant or guarantee that the Services will be compatible with any specific equipment or software. The Provider does not charge any additional fees for the internet connection.

• The Customer acknowledges that Rize Capital LLC is not a broker and does not accept deposits. The offered technical solution for the Rize Capital platforms and data feed is powered by the institutional liquidity providers and is subject to change at any time at the Provider's discretion without any notice to the client.

 

6. Payment Terms

• The amounts of fees for the Rize Capital Evaluation account options are in United States Dollars. The fee can also be paid in other currencies that are listed on the Website. In the event of payment of the fee in any other currency than United States Dollars, the amount of the fee for the selected option of the Rize Capital Evaluation account shall be converted using the exchange rate listed on https://exchangeratesapi.io/. The Customer acknowledges that if the payment is made in a currency other than the one the Customer has chosen on the Website, the amount will be converted according to the current exchange rates valid at the time of payment.

• Service charges are inclusive of all taxes. It is hereby agreed that in the event the Customer is a member then the Customer is obliged to fulfill all his tax obligations in connection with the use of our Services in accordance with applicable law, and in the event of an obligation, the Customer is obliged to pay tax or other fees properly. 

• The Customer can pay the fee for the selected option of the Rize Capital Evaluation account by a debit/credit card, PayPal, or using other means of payment that the Provider currently offers on the Website.

• In the event of payment by a debit/credit card or via any other express payment method, the payment shall be made by the Customer immediately and without any undue delay. The Customer agrees and undertakes to pay the amount within the period specified in the Pro-forma invoice. The fee will be only considered paid when its full amount is credited to the Provider’s account. For clarity, it is noted that in the event the Customer does not pay the amount as stated herein, the Provider is entitled to cancel the order immediately. It is also agreed that the Customer shall bear all and any fees charged to the Customer by the selected payment service provider (according to the valid pricelist of the payment services provider) in connection with the transaction and the Customer is obliged to ensure that the respective fee for the selected Rize Capital Evaluation account is paid in full in accordance with these Terms.

 

7. Rules of Demo Trading

• During the demo trading on the Trading Platform, you may perform any transactions, there are no restrictions.

• The Provider bears no responsibility for the information displayed on the Trading Platform nor for any interruption of, delay, or inaccuracy in the market information.

 

8. Rize Capital Evaluation

• Once payment is made of the fee for the selected option of the Rize Capital Evaluation account the Customer will receive the relevant login data for the Trading Platform at the e-mail address provided by the Customer during order.

• The Customer activates the Rize Capital Evaluation account) by making their purchase and receiving account details.

• It is clearly stated that in the event that you are a consumer, you agree that, by opening the first demo trade, you expressly demand the provider to complete the services before the expiry of the period for withdrawal from the contract, which affects your right to withdraw from the contract, as specified in more detail herein below. If you do not activate the Rize Capital Evaluation account within 30 calendar days of the date on which it was made available to you, your access to it will be suspended.

• The Customer shall only meet the conditions of the Rize Capital Evaluation account if the Customer fulfills the following requirement by the end of the Rize Capital Evaluation account: 100% profit.

• If during the Rize Capital Evaluation, the Customer does not comply with some of the conditions specified herein above, the Rize Capital Evaluation will be evaluated as unsuccessful and the Customer will not be allowed access to the Funded Account.

 

9. Rize Capital Trader

• The Services of the Rize Capital Trader are provided to the Customer on the basis of an individual agreement executed between the Customer and a third party (“Rize Capital Trader Agreement”).

• Provider recommending Customer as a candidate for the Rize Capital Trader Program in no way guarantees Customer’s acceptance into the Rize Capital Trader Program, i.e. that the third party would enter into the Rize Capital Trader Agreement with the Customer. The provider is not responsible for the Customer being rejected by the Rize Capital Trader Program for any or no reason.

• The Customer acknowledges that the third party with whom the Customer executes the Rize Capital Trader Agreement may require that the Customer meets any additional conditions that may be justifiably required from the Customer in connection with the execution of the Rize Capital Trader Agreement

 

10. Use of the website, services, and other content

• Both the Customer and the Provider undertake to act in accordance with the principles of fair dealing in the performance of the contract and in mutual negotiations and, in particular, not to damage the good reputation and legitimate interests of the other party. The Customer and the Provider will resolve any possible disagreements or disputes between them in accordance with these Terms and the applicable law.

• Except for the rights expressly set out in these Terms, the Provider does not grant you any other rights relating to the Services and other Content. You may only use the Services and other Content as set out in these Terms.

• When accessing the Services and other Content, the following is prohibited:

  • to use any tools that may adversely affect the operation of the Website and Services or that would be intended to take advantage of errors, bugs, or other deficiencies of the Website and Services;

  • to circumvent geographical restrictions of availability or any other technical restrictions;

  • to make copies or back-ups of the Website and other Content;

  • to reverse-engineer, decompile, disassemble, or otherwise modify the Website and other Content;

  • to sell, rent, lend, license, distribute, reproduce, spread, stream, broadcast, or use the Services or other Content otherwise than as permitted;

  • to use automated means to view, display, or collect information available through the Website or Services; and

  • to use any other tools or means the use of which could cause any damage to the Provider.

 

11. Disclaimer

• Except as provided in these Terms and to the extent permitted by the mandatory provisions of the applicable laws, we have not, and shall not be deemed to have made, and hereby expressly disclaims, without any limitation, any representations and/or warranties whatsoever, express or implied, statutory or otherwise, to you in respect of all and any legal rights and obligations in connection with and/or related to, directly or indirectly, with the Terms and/or Services.

• Without limiting the foregoing:

  • you assume and/or acknowledge that the Services and other content are provided “as is” with all their errors, defects, and shortcomings and that their use is at your sole responsibility and risk;

  • the Provider disclaims any statutory, contractual, express and implied warranties of any kind, including any warranty of quality, merchantability, fitness for a particular purpose, or non-infringement of any rights;

  • the Provider is not responsible for any harm, including any indirect, incidental, special, punitive or consequential damages, including lost profit, loss of data, personal or other non-monetary harm or property damage caused as a result of the use of the services or reliance on any tool, functionality, information or any other content available in connection with the use of the services or elsewhere on the Website;

  • the Provider is not responsible for any products, services, applications, or other third-party content that the customer uses in connection with the Services.

• In the event that our liability is inferred in connection with the operation of the Website or provision of the Services by a court of justice or any other competent authority, this liability shall be limited to the amount corresponding to the fee paid by the customer for the Services in connection with which the customer has incurred the loss.

• For clarity, it should be noted that the provision of these disclaimers is not intended to deprive the Customer of the Customer’s consumer or other rights that cannot be excluded by law.

 

12. Event of Default

• Each of the events or circumstances set out in this clause is an event of default:

  • if the customer violates any provision of these terms in a manner that may cause any harm to the Provider if the customer accesses the services in conflict with these Terms,

  • if the customer provides incomplete, untrue, or non-updated information in conflict with these Terms,

  • if the customer acts in a manner that may damage the provider’s good reputation,

  • if the customer violates the demo trading rules stipulated in these Terms,

  • if the customer acts in conflict with the provisions under the section “Use of the website, Services and other content” of these Terms.

• If an event of default occurs the Provider may prevent the customer from ordering any other services and completely or partially restrict the customer’s access to all or only some services, including access to the trading platform, without any prior notice and without any compensation.

 

13. Notices

• Any notice or other communication given to a party under or in connection with these Terms shall be in writing and shall be through your e-mail address, which you register with us. 

• This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.

• All notices/information provided by us or received from you should be in the English language.

 

14. Termination and withdrawal

• Without affecting any other right or remedy available to us, we may terminate the contract from providing our Services to you with immediate effect by giving notice to you.

• You acting as a consumer have the right to withdraw from a contract without giving a reason within 48 hours of its execution as defined in these Terms herein above. Notwithstanding to the generality of this clause regarding withdrawal, it is agreed that you have no right of withdrawal once you start performing fictitious trades.

• For clarity, we note that, once your withdrawal notice is sent, we will confirm the receipt of the form to you in text form within a reasonable time. Provided that your withdrawal is valid and in full compliance of these Terms, we will refund you without undue delay (no later than 14 days after your withdrawal from the contract) all fees we have received from you, in the same way in which you paid them.

• The Provider is entitled to immediately withdraw from the Contract in the case of any breach by the Customer as described in these Terms herein below.

 

15. Limit of liability

• In proceedings for breach of these Terms, we may rely on any limit of liability stated in this clause or other terms of these Terms.

• We shall not be liable for any loss, liability, or cost suffered or incurred by you as a result of providing the Services unless it is agreed otherwise between you and us or stated otherwise in these Terms.

• The Provider does not provide any guarantee for the quality of the Services in the event that the Services do not correspond to what was agreed or have not been provided to you, you can exercise your rights from defective performance.

• In the event that this clause applies, you must notify us of the defect without undue delay at our e-mail address or at our address listed in these Terms. When exercising the rights from a defective performance, you may request that we remedy the defect or provide you with a reasonable discount. If the defect cannot be remedied, you can withdraw from the contract or claim a reasonable discount.

• We will try to resolve any complaint you may lodge as soon as possible (no later than within 30 calendar days), and we will confirm its receipt and settlement to you in writing.

• You acknowledge and confirm that, while we may send trade-related courtesy notifications via email or other means if we fail to do so, we will not be held liable for any losses/damages suffered as a result of such failure.

 

16. Updates and/or Amendments

• We may update and/or revise and/or amend our Website (including and not limited to these Terms) from time to time and may change the content at any time with immediate effect for new customers and new orders of the Services placed by existing Customers.

• We should note that for the purposes of this clause, we agree to notify existing customers of the change to the Terms via e-mail.

• The Provider reserves the right to modify, change, replace, add, or remove any elements and functions of the Services at any time without any compensation.

 

17. Intellectual Property Rights

• We are the owner or the licensee of all intellectual property rights in our Website and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

• You may print off one copy and may download extracts, of any page(s) from our Website for your personal use and you may draw the attention of others within your organization to content posted on our site.

• You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences, or any graphics separately from any accompanying text.

• Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

• You must not use any part of the content on our site for commercial purposes without obtaining a license to do so from us or our licensors.

• If you print off, copy, or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

• The Website and all Services, their appearance and all applications, data, information, multimedia elements such as texts, drawings, graphics, design, icons, images, audio and video samples, and any other content that may form the Website and the Services (collectively as the “Content”), are subject to legal protection pursuant to copyright laws and other legal regulations and are the property of the Provider or the Provider’s licensors.

• The Provider grants you a limited, non-exclusive, non-transferable, non-assignable, non-passable, and revocable permission to use the Content for the purpose of using the Services for your personal use and in accordance with the purpose for which the Services are provided. The Content is not sold or otherwise transferred to you and remains the property of the Provider or the Provider’s licensors.

• All trademarks, logos, trade names, and other designations are the property of the Provider or Provider’s licensors and the Provider does not grant you any authorization to use them.

 

18. Waiver and non-assignability

• No failure or delay by us to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

• These Terms are personal to the parties and neither party shall assign, transfer, or deal in any other manner with any of its rights and obligations under these Terms.

 

19. Force majeure

• We shall be in breach of these Terms nor liable for delay in performing, or failure to perform, any of our obligations under these Terms if such delay or failure results from events, circumstances, or causes beyond our reasonable control. In such circumstances, the time for performance shall be extended by a period equivalent to the period during which the performance of the obligation has been delayed or failed to be performed. If the period of delay or non-performance continues for an unreasonable period of time, then your party may terminate this agreement by giving 15 days written notice to us.

 

20. Governing language

• These Terms as well as any additional terms and/or agreements (both present or future) are made in English. Any other language translation is provided as a convenience only. In the case of any inconsistency or discrepancy between the original English texts and their translation (if any) into any other language, as the case may be, original versions in English shall prevail.

 

21. E-signing

• We agree to sign the relevant contract by electronic signature (whatever form the electronic signature takes) and that this method of signature is as conclusive of our intention to be bound by these Terms and/or contract as if signed by yours and our manuscript signature.