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Terms & Conditions
1. Introduction
1.1.These Terms and Conditions (the "Agreement") govern your legal and/or business relationship with Codart Capital (hereinafter referred to as “Codart Capital”) and your use of the services provided by Codart Capital.
2. Definitions
2.1."Client" or "You" means any person, natural or legal entity, that accepts these Terms and Conditions.
2.2. "Account" means the trading account created by the Client with Codart Capital.
2.3."Services" means the CFD trading and related financial services, and any authorized financial services that Codart Capital can provide.
2.4."Effective Date" means the date that you accept these Terms and Conditions.
3. Eligibility
3.1.To use the Services, you must be at least 18 years old and have the legal capacity to enter into business and/or legally binding agreements. Codart Capital does not provide services to citizens or residents of the United States or residents of any prohibited countries listed on our website https://codartcapital.com. These countries are subject to change from time to time to reflect regulatory updates.
4. Account Registration and Maintenance
4.1. To create an account, you must complete the registration process and provide accurate, current, and complete information as requested.
4.2. You are responsible for maintaining the confidentiality of your login information and are fully responsible for all activities that occur under your account. You must not provide access to your account or share your credentials with anyone. Codart Capital will not be responsible for any loss or damage of any kind resulting from unauthorized use of your account or shared credentials.
4.3. Codart Capital reserves the right to refuse to open an account or to close an existing account at its discretion.
4.4. By accepting these Terms and Conditions, you agree to act in accordance with Codart Capital’s Policies and Procedures, as they may be amended from time to time.
5. Regulation and Compliance
5.1. Codart Capital complies with all applicable laws and regulations, including Anti-Money Laundering (AML), Counter-Terrorism Financing (CTF), and Combating Proliferation Financing laws.
5.2. Codart Capital is obliged to perform Know Your Customer (KYC) procedures on all Clients and may request additional information or documentation as it deems necessary to comply with relevant regulatory and other requirements.
5.3. Codart Capital reserves the right to terminate any account if it is found to be in breach of these Terms and Conditions, or if the account is involved in any suspicious
6. Risk Disclosure
6.1. Trading on margin carries a high level of risk to your capital, and you may lose more than your initial deposit. We advise you to read the full risk warning before opening an account with Codart Capital. Margined trades are based on the price movement of Contracts for Difference (CFDs) on underlying financial products or assets.
6.2. These trades are settled based on the difference between the opening price and closing price of the trade. Foreign exchange (forex, FX) and CFDs on currencies, commodities, indices, or equities are all margin-traded products and inherently carry a high level of risk, which may not be suitable for all investors.
6.3. Prior to opening an account with Codart Capital, you should carefully consider your objectives, financial situation, relevant experience, and understanding of trading.
6.4. You should ensure that you are able to manage and understand the risks involved and sustain any potential losses.
6.5. You should only trade with capital that you can afford to lose.
6.6. Codart Capital recommends seeking advice from an independent financial advisor. Margin trading allows you to execute large trades by investing only a small amount as margin. While this can magnify profits if prices move in your favor, even a small adverse price movement may lead to substantial losses. You may be required to deposit additional margin immediately to maintain your positions.
6.7. You are liable for any losses that may occur on closed positions. Not all trades can be opened or closed 24 hours a day, and your orders/positions are executed based on Codart Capital’s prices, which may differ from exchange prices.
6.8. Our prices are usually based on exchange prices but can fluctuate due to market conditions or other factors.
6.9. Online trading systems carry inherent risks, including software or hardware failure and internet disconnection. Codart Capital does not control signal power, reception, internet routing, or the configuration and reliability of your equipment and cannot be held responsible for communication failures, distortions, or delays when trading online.
6.10. The content of this website is subject to change at any time without notice and is provided solely to assist traders in making independent investment decisions. Codart Capital has taken reasonable measures to ensure the accuracy of information on the website but cannot guarantee its accuracy.
6.11. We will not accept liability for any loss or damage arising directly or indirectly from the content or your inability to access the website.
6.12. The website content is for informational purposes only. Opinions, news, research, analysis, prices, or other information provided on our website constitute general market commentary and do not constitute investment advice.
6.13. Codart Capital does not accept any liability for any loss or damage, including but not limited to loss of profit, arising directly or indirectly from the use of or reliance on such information.
7. Trading
7.1. Codart Capital provides a platform(s) for trading CFDs using the MetaTrader 5 (MT5) platform and/or any other trading platform that Codart Capital may make available. The terms and conditions for trading are detailed in the MT5 user guide.
7.2. All transactions executed through the Codart Capital platform(s) are subject to the rules and regulations of the relevant exchanges and regulatory bodies.
7.3. Codart Capital reserves the right to cancel or reverse any transaction that it deems to have been executed under erroneous conditions.
7.4. When you submit an order through our online platform (or provide an order by any other means we agree upon), we are under no obligation to accept it or, if accepted, to execute it. Unexecuted orders may be cancelled at our discretion. Once an order has been entered into our online platform, it may not be altered or cancelled by you.
7.5. We will endeavor to notify you promptly if circumstances arise where we may be unable to accept or execute your orders. However, we are under no obligation to provide reasons for not acting on your orders and shall not be liable to you in any way if we refuse to follow your orders.
7.6. Before executing any order, we may, at our absolute discretion, require a deposit of such amount as we may specify in respect of any actual, anticipated, or contingent liability you may have to us regarding anticipated or existing open positions you hold with us (the “Margin Deposit”).
7.7. We reserve the right to change margin requirements at any time, and any change may become effective immediately. We may inform you of changes via email, the electronic trading platform, a recorded line, and/or by posting notice on our website. It is your responsibility to be aware of the current margin requirements applicable to your account and open positions.
7.8. Due to limitations of an online platform, where it is possible for a market to go negative, we reserve the right to close any open positions and/or settle the market at a predetermined level in the positive, or at the best attainable price, which could also be negative.
8. Forced Liquidation
8.1. You are required to maintain a sufficient level of Margin Deposit. Codart Capital reserves the right to close out all open positions:
- If, at any time, the Margin Deposit held by us is approaching or is no longer sufficient to cover the negative mark-to-market value of any or all open positions that you have with us; or
- If, at any time, the pre-agreed credit limit assigned to you is no longer sufficient to cover the negative mark-to-market value of any or all open positions that you have with us.
8.2. We shall have the right, in our absolute discretion, to determine the mark-to-market value of a position or instrument from time to time. In addition to other remedies available to us, if you fail to pay an amount when due under this Agreement, we have the right to close (by either buying or selling) any or all of your open positions.
8.3. We are not obliged to contact you before taking the relevant action. If we do, the margin call may be made by email, via the electronic trading platform, telephone, post, or text message. The margin call will be deemed to have been received if we leave a message requesting you to contact us, or if we are unable to leave a message despite reasonable efforts.
8.4. Please note that Codart Capital cannot guarantee it will be able to act on your behalf in extreme market conditions, including force majeure (acts of God), to prevent losses of any kind.
9. Quoting Error
9.1. We will use all reasonable endeavors to provide up-to-date quotes for all currencies, commodities, and other instruments traded on or through our online platform(s). However, we give no assurance that the prices quoted are accurate.
9.2. In accordance with the above, should a quoting error occur due to a typographical error or other obvious mistake in a quote or indication (the “Quoting Error”), Codart Capital is not liable for any damages, claims, losses, liabilities, or costs arising from the Quoting Error.
9.3. If a client benefits from a Quoting Error, Codart Capital will not be obliged to pay any profits deriving from the Quoting Error.
10. Leverage
10.1. Codart Capital offers leverage on trading accounts in accordance with the rules and regulations set forth by Mauritius.
10.2. The Client must ensure that they understand the implications of trading with leverage, including the increased potential for both profits and losses.
11. Termination
11.1. You may request to terminate your business relationship with Codart Capital at any time by providing written notice, provided that you do not have any open position(s) and/or outstanding liabilities to us.
11.2. Codart Capital may terminate the provision of our services to you at any time upon written notice. We may close your account immediately at our discretion, including in cases of violation of any Policies, Procedures, Laws, Rules, or Regulations.
11.3. Termination will not affect the completion of transactions initiated prior to receiving your notice of termination. You will be responsible for any fees and charges incurred up to the date of termination, as well as any additional expenses necessarily incurred by us (or a third party) in terminating these Terms & Conditions, and any losses realized in settling or concluding outstanding transactions and transferring your funds back to you.
12. Limitation of Liability
12.1. Codart Capital, its affiliates, directors, officers, employees, and agents shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, business opportunities, or other intangible losses, arising out of or in connection with:
- Your use of, or inability to use, the services provided by Codart Capital
- Any unauthorized access to or alteration of your transmissions or data
- Statements or conduct of any third party on the services
- Other similar circumstances
12.2. Codart Capital shall not be liable for any loss or damage arising from financial transactions or trading activities, including but not limited to the purchase or sale of any financial instruments conducted through the services. Codart Capital does not guarantee any profit or return on investment and shall not be liable for any financial loss resulting from your trading decisions.
12.3. Codart Capital shall not be liable for any errors or inaccuracies in the information provided through the services.
12.4. Codart Capital shall not be liable for any loss or damage arising from the use of third-party services, platforms, or websites accessed through links provided by Codart Capital. The inclusion of any link does not imply endorsement or warranty by Codart Capital of the third-party services.
13. Indemnity
13.1. You agree to indemnify Codart Capital on our written demand against all proceedings, actions, costs, expenses, claims, demands, and/or other liabilities incurred by us, our agents, or any nominee or custodian as a consequence of:
- The acceptance of instructions from you or any Authorized User over the telephone, by email, or via the online platform; or
- Any breach by you or any Authorized User of any of the terms of this Agreement.
13.2. This indemnity shall not apply to the extent of any liability caused by a breach of this Agreement by us or by the gross negligence, fraud, or willful default of us, our agents, nominee, or custodian.
13.3. You understand and agree that Codart Capital does not, by implication or otherwise, endorse the operating methods of your nominated investment manager or any third-party electronic trading services and solutions providers you may choose to use.
13.4. You hereby release Codart Capital from any and all liability to your nominated investment manager, any third-party electronic trading services and solutions provider, or anyone claiming through you.
14. Governing Law and Jurisdiction
14.1. This Agreement is governed by and shall be construed in accordance with the laws of Mauritius and shall be subject to the non-exclusive jurisdiction of the courts of Mauritius.
15. Confidentiality and Data Protection
15.1. Codart Capital will use reasonable endeavors to ensure that all confidential information relating to you and your account is kept secure.
16. Privacy Policy
16.1. In accordance with our privacy statement, once you open an account or use our website, you agree that Codart Capital may collect and use your personal information in accordance with the contents of this Privacy Policy.
17. Amendments
17.1. Codart Capital reserves the right to amend these Terms and Conditions at any time.
17.2. The Client's continued use of the Services constitutes acknowledgement and acceptance of the amended Terms and Conditions.
18. Miscellaneous
18.1. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
18.2. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver of that provision or any other provision.
18.3. This Agreement constitutes the entire understanding between the parties concerning the subject matter herein and supersedes all prior agreements.
18.4. For any queries or concerns regarding our services, you can contact us at support@codartcapital.com.
18.5. Communications between you and Codart Capital should be via a recorded line, email, and/or authorized third parties.
18.6. You understand and consent that written and/or verbal communications may be kept in Codart Capital records.
18.7. Codart Capital reserves the right to amend these Terms and Conditions at any time.
18.8. By accepting these Terms and Conditions, you provide your consent to receive marketing communications from Codart Capital.