This website is owned and is operated by OB Capital Limited, Trust Company complex, Ajeltake Road, Ajeltake Island, Majuro, Marshall Islands MH96960 ID:77582. Payment and clearing services are being provided by the BG company MT Full Services EOOD, address 46-48′ Opalchenska Street, fl. 7, Sofia, Bulgaria 1303.
(dated 01, August 2016)
This agreement is between you and jacobmorganih (OB Capital Limited), and applies to your use of Jacob Morgan’s services (“the services”).
By registering to jacobmorganih.com (“the services”) you must read, agree with, and accept all of the policies, terms and conditions contained in this website (www.jacobmorganih.com).
All of the policies, terms and conditions that exist in this site are a part of this agreement. This agreement is provided to you and calculated in English.
You agree that any use by you of these services shall constitute your acceptance of the agreement.
Please read all of the policies, terms and conditions carefully and make sure you understand in fully before using the services since combined they make the agreement.
Please note that if you do not accept any of the policies, any of the terms, and or any of the conditions you will not be able to use “the services”.
I confirm that I got an opportunity to trade on a demo platform and/or read a tutorial and I understand as a consequence how to trade and the RISKS that are involved. In addition I have read and understood the risks that are involved in trading in Forex,CFDs (“trading“).
By filling the Subscription Form I request and agree to open an account for myself and confirm that I have read and understood all policies and terms including the Risk Disclosure and Terms and Conditions.
Jacob Morgan offers access to its website and services to clients that accept the terms and conditions. By using the website you explicitly confirm that you have read these Terms and Conditions and agree to them.
The following terms and conditions apply to all users and in case you require additional information on any of the subjects presented below, feel free to contact our customer support at any time. You must first read and then accept these Terms and Conditions in order to benefit of the best services provided by Jacob Morgan and the agreement is effective upon acceptance. If you don’t agree to be bound by the terms and conditions of the present agreement, please note that you are not eligible to use Jacob Morgan’s services, and it is forbidden for you to register with Jacob Morgan. By registering to Jacob Morgan you have already accepted all policies, terms and conditions and all documents provided and requested to by Jacob Morgan upon registration and in future amendments.
In order to be eligible to operate your trading with Jacob Morgan you must be over the age of 18 and to fully understand the risks involved. You hereby acknowledge that you have the knowledge and experience to trade and understand the risks involved. We can’t be held responsible for any damage or loss and we are not responsible for verifying whether you possess sufficient knowledge or whether your trading choices are wise.
The same conditions apply regarding legal restrictions. You should understand in full that trading; investments and similar operations are regulated in a different way, throughout the world. The fact that you can access our website and use the tools Jacob Morgan offers doesn’t necessarily mean that it is legal in your country to do so. By registering with Jacob Morgan it is your responsibility to inquire if it is legal to use our services in your country. In case that our services are not legal in your country, Jacob Morgan (OB Capital Limited) will not be held responsible to follow any legal requirements or regulation that may be in your country and will not be subjected to be held accountable for any damages or losses that you may suffer. In addition, by registering to our services you forfeit any and all claims in case that it is illegal to use our services in your country, and that you acknowledge the responsibility is completely yours.
Users accessing this site are required to inform themselves about the jurisdiction restrictions and you are hereby declaring that the funds you are using for trading are not originating from any criminal activity or otherwise breach any law.
Do not abuse the license or services provided to you. By accepting the Terms and Conditions you will be granted a limited license, but you can’t deep-link to the website or copy and resell the materials appearing on Jacob Morgan. The information provided by us should be used entirely for executing transactions inside or within Jacob Morgan.
Please note that closing or suspending your account due to a breach of the terms of service and explicitly the Acceptable Use Policy, may entail loss due to the closing of positions.
Do not provide false or inaccurate information. The license granted will be terminated if we notice that the data you provide is not accurate and you will cease to access the services. You agree that Jacob Morgan can terminate your access to any of the services offered for online trading at its sole discretion and with or without notice and close your transaction.
The present terms and conditions state that under no circumstances shall Jacob Morgan or its employees be liable for lost profits or any kind of damage occurring during trading, due to connection to our website, including negligence. In any proven circumstance, the liability of Jacob Morgan is limited to our last monthly commissions received of money you transferred or deposited in your trading account.
Terms and Conditions
You and any person making use of the Site are referred to hereunder as “User” and/or Client.
BY USING THIS SITE IN ANY WAY YOU CONFIRM YOUR UNREVOCABLE ACCEPTANCE AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS.
IF YOU DO NOT ACCEPT ANY OF THESE TERMS AND CONDITIONS OR ANY OF THE POLICIES – YOU CANNOT USE Jacob Morgan’s SERVICES AND PLEASE STOP USING THIS SITE AT ONCE.
Every person using a login (whether or not in fact such person is a duly authorized Client) will be deemed to be authorized to enter into the system and/or (as the case may be) to give any other instructions or communications on behalf of Jacob Morgan’s Client that is represented by the login according to the registration information provided by Jacob Morgan. Jacob Morgan will act on such instructions without being obliged to obtain any further written or other confirmation, and, for the avoidance of doubt, the relevant transaction fees shall become payable.
You must read the Risk Warning Notice and all the other documents supplied to you in connection with this Agreement very carefully. DO NOT submit the Online Application Form if you are unsure as to the effects of this Agreement or the nature of the risks involved. By clicking on the “Submit” button and submitting the Online Application Form to us, then you are acknowledging that you have read the documents supplied and that you understand and accept the terms of this Agreement.
Jacob Morgan doesn’t guarantee that you will be able to access the website at any time and location and it doesn’t make any warranties with respect to the web site content. Without limiting the foregoing, Jacob Morgan will not be held responsible for an impossibility of executing trading orders, due to letdowns in the operation of informational systems due to technical faults, which are beyond its control.
Except as explicitly set herein and under specific conditions, We DO NOT provide any advisory service. All transactions, investments and decisions are at your own discretion and risk.
This means that these Terms and Conditions may be reasonably amended from time to time by Jacob Morgan, and shall apply to any user immediately. Jacob Morgan shall maintain a link to these Terms and Conditions on every page on the Site, and state the last date these Terms and Conditions were updated on.
This means you should contact us beforehand if anything of these Terms and Conditions is unclear, unfair or unacceptable to you.
This means that the agreement between User and Jacob Morgan on the terms set under the Terms and Conditions may be assigned, in full or in part by Jacob Morgan, but not by the User. These privileges as well as the limitations of liability are Jacob Morgan’s one-sided prerogatives under these Terms and Conditions but this Site would not be feasible without them.
This means that if a specific article in these Terms and Conditions is ruled by a competent court as unenforceable for any reason, then such ruling shall only apply to the respective specific articles or provisions and not to this entire agreement.
Trading in any investment opportunity that may generate profit requires Jacob Morgan’s customers to deposit money on their online account. Profits may be withdrawn from the online account.
Deposits and withdrawals are regulated by this WD policy as well as the generally applicable terms and conditions.
You, the Client, have to perform all the deposits from a source (e.g. single bank account). If you want to start trading, you should make sure this account is in your country of residence and in your name. In order to certify that a SWIFT confirmation is authentic, it has to be sent to Jacob Morgan to confirm the origin of the money which will be used for trading. If you don’t comply with this WD policy, you may be prevented from depositing the money via Bank/Wire Transfer. If you did not login and traded from your account within six (6) months (“Dormant Account“), your Dormant Account will be subject to a deduction of 10 % each month (the “Dormant Fee“).
According to generally acceptable AML rules and regulations, withdrawals must be performed only through the same bank account or credit/debit card that you used to deposit the funds.
Unless we agree otherwise, withdrawals from the Account may only be made in the same currency in which the respective deposit was made.
In addition, when you deposit or withdraw money for trading purposes using alternative payment methods, you should be aware that additional fees and restrictions may apply. Withdrawals are subjected to withdrawals processing and handling fees. Those fees will be deducted from the transferred withdrawn amount. The fees schedule is available on Jacob Morgan.
Without derogating of the foregoing, Jacob Morgan may execute withdrawals to a different facility than the one used for the deposit, subject to Anti Money-Laundering regulations.
Furthermore, when it comes to withdrawals, Client may be required to present additional information and documents.
Funds appearing on Clients’ account may include agreed or voluntary bonuses and incentives, or any other sums not directly deposited by the Client or gained from trading on account of actually deposited funds (“Non-Deposited Funds“). Please note unless otherwise explicitly agreed, Non-Deposited Funds are not available for withdrawal. Further, due to technical limitations, Non-Deposited Funds may be assigned to Client’s account in certain occasions (for example, for the technical purpose of allowing the closing of positions or an indebted account).
Without derogating from the abovementioned, bonuses issued to Client by Jacob Morgan may only be withdrawn subject to execution of a minimum trading volume of 30 times the deposit amount plus the bonus issued (“Minimum Trading Volume“).
Submitting a Withdrawal Request
In order to process your withdrawal request, you must:
Important: Account holder is required to monitor account regularly, and ensure that available margin exists in the account prior to submitting this request, as such withdrawal may have an impact on existing open positions or trading strategy used.
Typical Withdrawal Processing Time
The time it takes for the money to reach your credit card or bank account that has been used to deposit funds may vary (usually up to five business days). Note that it might take longer for withdrawals to bank accounts due to the additional security procedures in force.
The request will generally be processed by Jacob Morgan within 2-5 business days of receipt. In order to avoid any delays please review your information carefully before submitting your request. Jacob Morgan assumes no responsibility for errors or inaccuracies made by the account holder.
Corresponding withdrawals will take 3 to 5 business days to process. Jacob Morgan cannot monitor and is not responsible in any way for the Client’s Credit Card Company or bank’s internal procedures. Client must follow up with the credit card or respective bank independently.
Funds are released to your credit account once your credit card merchant has debited the funds from our account. This process may take up to 5 business days or more to reflect on your credit card account balance. If you do not have online access to your credit card, it should appear on the next billing statement(s) depending on your card’s billing cycle.
Please note clearly that we are not committed to any time frame and that any additional charges imposed by third parties shall be deducted from the deposit or the withdrawal, as applicable.
Additional Charges: If the receiving bank uses an intermediary bank to send/receive funds, you may incur additional fees charged by the intermediary bank. These charges are usually placed for transmitting the wire for your bank. Jacob Morgan is not involved with and nor has any control over these additional fees. Please check with your financial institution for more information.
For Credit card deposits, when you choose an account in a EUR or GBP, your credit card will be debited properly in accordance with amount deposited and the applicable exchange rates. In addition to the exchanged sum deposited, additional credit cards fees may apply (as a result, in such cases you may notice discrepancies between the sum of deposit and the sum charged on your credit card). Customers must accept these slight variations that can occur and won’t try to charge this back.
If you have used a credit card to deposit money, performed online trading and decide to cash in on your winnings, the same credit card must be used.
Amount of withdrawal per credit card is only allowable to an equal amount of money deposited per credit card or less. All Profits withdrawals are limited to a minimum of 500EUR/GBP (according to account currency) and all profits must be wire-transferred to a bank account under the user’s identity. Withdrawal requests exceeding the amount deposited by Credit/Debit cards may be denied.
Account termination/closure may and will be subjected to a fee of 100EUR/GBP (according to account currency).
Your Account may comprise of different currencies. These will be subject to the following conditions:
We may accept payments into the account in different currencies and any payments due to or from us and any net balances on the account shall be reported by us in the respective currency; The account is maintained in Euro or GB Pounds (“Base Currencies“) and any other currency will be converted at the exchange rate existing at the point of conversion (“Exchange Rate“); if the Client send funds in another currency than his account’s currency, we will apply an exchange rate to our discretion.
We will generally settle trades or perform any required setoffs and deductions in the relevant currency where the account comprises such currency ledger, save that where such currency balance is insufficient, we may settle trades in any currency using the Exchange Rate.
Chargebacks and Recalls
All chargebacks/Recalls are strictly prohibited once the services has been provided and delivered (Positions were opened).
If a chargeback or a Recall request has been made we preserve the right to stop providing our services, deduct the funds from the account. In addition, we preserve the rights to terminate the account altogether.
If a Chargeback/Recall has been made it will be considered as a fundamental breach of the contract between the “customer” (you) and the “Company”.
If a Chargeback/Recall request has been made there will be fees involved (up to 100KEUR) for legal and compliance expenses.
In any case, it is important to emphasize that there is a policy for withdrawal and that it is the correct way to withdraw funds from your account. As long as you have available funds in your account balance, excluding “non-deposited funds” you will always be able to request for withdrawal directly within your account and the funds will be sent to you.
Please note this policy cannot be exhaustive, and additional conditions or requirements may apply at any time due to regulations and policies, including those set in order to prevent money laundering. Please note any and all usage of the site and services is subject to the Terms and Conditions, as may be amended from time to time by Jacob Morgan, at its sole discretion.
For queries concerning policy matters, please contact us anytime.
Risk Disclosure and Risk Disclaimer Policy
Jacob Morgan strives to provide its customers with the best tools for trading, including introductory guidance for the live trading environment. Jacob Morgan does not manage or advise on investments.
Jacob Morgan allows you to trade in highly speculative investments which involve a significant risk of loss. Such trading is not suitable for all investors so you must ensure that you fully understand the risks before trading.
You accept that the transactions you perform with Jacob Morgan may involve financial instruments that are not:
Risks associated with the services include:
FOREX, AND CONTRACTS FOR DIFFERENCES (CFD’S) IS HIGHLY SPECULATIVE, CARRIES A HIGH LEVEL OF RISK AND MAY NOT BE SUITABLE FOR ALL INVESTORS. CLIENT MAY SUSTAIN A LOSS OF SOME OR ALL OF CLIENT’S INVESTED CAPITAL; THEREFORE, CLIENT SHOULD NOT SPECULATE WITH CAPITAL THAT CLIENT CANNOT AFFORD TO LOSE. CLIENT SHOULD BE AWARE OF ALL THE RISKS ASSOCIATED WITH TRADING ON MARGIN. CLIENT HEREBY CONFIRMS THAT HE IS KNOWLEDGABLE AS FOR THE ABOVE MENTIOENED RISKS.
Due to the high risk nature of trading, we explicitly do not make any EXPRESS OR IMPLIED warranties or guarantees that you will make any profit or that you will not lose any OR all of your DEPOSITED investments.
Further, Jacob Morgan is not responsible for the accuracy of information or content provided by third parties, including site and information linked to or presented in this website.
Please note any and all usage of the site and services is subject to the Terms and Conditions, as may be amended from time to time by Jacob Morgan, at its sole discretion.
There is a possibility that you may sustain a partial or total loss of your investment funds when trading. Even if you make money, you should be aware that the market can quickly turn. Never trade with more than you can afford to lose.
For queries concerning policy matters, please contact us anytime.
Acceptable Use Policy [AUP]
Important: You are hereby advised that any breach of this acceptable use policy or otherwise manipulating, abusing or exploiting Jacob Morgan’s online trading services offered to the public, may result in significant monetary and other damages to Jacob Morgan and/or third parties, including other users and traders like yourself, and Jacob Morgan shall be entitled to seek any remedy available to it hereunder or under law, including an injunctive RELIEF.
Without derogating of the provisions of the following Acceptable Use Policy, any of the following activities are explicitly prohibited and shall be deemed fundamental breach of the Terms of Service Agreement:
1.1. The AUP Applies To All Systems And Services Offered By Jacob Morgan, Without Exceptions.
1.2. The AUP Applies To Everyone, Including All Clients, Users And Visitors (“User” Or “You“).
1.3. The Prohibited Activities And Uses Set Out In This AUP Are Not A Complete List. If You Are Unsure About Any Contemplated Action You Should Contact Jacob Morgan Immediately.
2.1. You May Not Use, Under Any Circumstances, Any Software Which Automatically Accesses Or Operates On Jacob Morgan’s Systems, Websites Or Systems, Unless Such Software Is Officially Provided By Jacob Morgan.
3.1. Jacob Morgan Shall Not Use, And Will Take Reasonable Actions To Ensure That No User Or Third Party Shall Use Its Systems In Any Of The Following Ways:
3.1.1. Fraudulently Or In Connection With Any Criminal Offense.
3.1.2. To Send, Knowingly Receive, Upload, Download, Or Use Any Material Which Is Offensive, Abusive, Indecent, Defamatory, Obscene Or Menacing, Or In Breach Of Copyright, Confidence, Privacy And/Or Any Other Rights.
3.1.3. To Cause Annoyance, Inconvenience Or Anxiety.
3.1.4. To Spam Or To Send Or Provide Unsolicited Advertising Or Promotional Material Or, Knowingly To Receive Responses To Any Spam, Unsolicited Advertising Or Promotional Material Sent Or Provided By Any Third Party.
3.1.5. In Any Way Which, In Jacob Morgan’s Reasonable Opinion, Is Or Is Likely To Be Detrimental To The Provision Of The Jacob Morgan Service To The Company Or Any Of Jacob Morgan’s Or Its Shareholders’ And/Or Affiliates’ And/Or Directors And/Or Lawyers And/Or Trustees And/Or Bankers And/Or Customers And/Or Business And/Or Reputation.
3.1.6. In Contravention Of Any Licenses Or Third Party Rights.
3.1.7. To Attempt To Interfere With Any Jacob Morgan Service To Any User, Host Or
This Includes Without Limitation:
188.8.131.52. Flooding Of Networks;
184.108.40.206. DOS (Denial Of Service) Attacks Of Any Sort;
220.127.116.11. Deliberate Attempts To Overload A Service And Attempts To Crash A Host;
18.104.22.168. Any Attempt To Abuse, Manipulate Or Benefit Of An Error, Software Bug, Security Backdoor Or Breach, Latency Differences;
22.214.171.124. Resale Of Services;
126.96.36.199. Any Sort Of Automated, Cooperative Or Multi-User Operation (Explicitly Including Tandem-Trading) To Circumvent Or Exploit The Services Or Systems;
188.8.131.52. For Transmitting E-Mails, Code Or Files Which Contain Computer Viruses Or Corrupted Data Or Trojan Horses Or Tools Which Compromise The Security Of Web Sites Or User Data. This Explicitly Includes Spyware And Malware Of Any Sort.
3.2. You Acknowledge And Agree That The List Of Prohibited Activities Set Out In Clause 2.1 Is A Non-Exhaustive List. Jacob Morgan Reserves The Right To Cancel Any Deal And/Or Hold And Offset Any Funds And/Or Demand Any Fund Or Right Due To Inacceptable Use Of Its Services, Taking Advantage Of Mistakes Or Abusing Its Systems.
3.3. You Will Not Allow Use Of The System Or Access To Any Person Who Is Not A Client And Will Not Copy, Distribute, Publish, Transmit, Display, Modify, Prepare Derivative Works Based On, Report Or Otherwise Use The System In Whole Or In Part For The Use Of Any Other Person.
3.4. The Trademarks And Logos Displayed On The System Are Registered Trademarks Of Jacob Morgan And/Or Respective Persons. Any Use Of Such Trademarks May Only Be Allowed After The Written Consent Has Been Obtained.
4.1. You Shall Not:
4.1.1. Violate Or Attempt To Violate Jacob Morgan’s Security Or Attempt To Interfere Or Interfere With Jacob Morgan’s Networks, Authentication Measures, Servers Or Equipment.
4.1.2. Attempt To Circumvent User Authentication Or Security Of Any Host, Network Or Account Which Includes Accessing Data Not Intended To The Recipient, Logging Onto A Server Where Access Is Not Authorized Or Probing The Security Of Other Networks.
4.1.3. Attempt To Gain Access To Any Account Or Computer Resource Not Belonging To You Through Jacob Morgan’s System And/Or Services.
5.1. Jacob Morgan Shall Be Entitled To Take Organisational, Automated And Discretionary Measures To Ensure Compliance With This AUP And All Other Rules And Policies By All Users.
5.2. Any Right Of Jacob Morgan Hereunder, Explicitly Including The Right To Impose A Sanction, Shall Not Be Deemed As To Obligate Jacob Morgan In Any Way To Exercise Such Right (Or Impose Such Sanction).
5.3. Failure To Exercise Any Right Of Jacob Morgan Herein Shall Not Be Deemed A Waiver Of Such Right, Including The Imposition Of A Specific Sanction.
5.4. Jacob Morgan May Stop Any Person From Accessing The System And May Take Such Adequate Measures As Jacob Morgan Deems Necessary To Prevent Such Access, If Jacob Morgan Becomes Aware Of Any Circumstances Which Give Reason To Believe That A Login Is Being Misused.
5.5. If You Or Any Other Person Violate Any Term Of This AUP, Jacob Morgan May, Without Notice To Jacob Morgan And Without Any Liability To Jacob Morgan And/Or Its Clients And/Or Any Other Party:
5.5.1. Require Clarifications, Authentications, Documentations Or Other Proof Or Details Relevant To An Investigation.
5.5.2. Prevent Client Access To The System For Good Cause At Its Discretion.
5.5.3. Repair, Rectify And/Or Rollback Client’s Transactions To Perform Restitution For And By Jacob Morgan’s Or Third Party.
5.5.4. Offset, Deduct And/Or Confiscate Funds And/Or Information As Required At Its Discretion In Accordance With Law And/Or Any Court Order Or Instructions From A Competent Investigative Or Law Enforcement Authority.
5.5.5. Suspend Or Terminate Jacob Morgan’s Use Of Its Systems And/Or Service; Or
5.5.6. Take Any Action As It Considers Appropriate.
For The Avoidance Of Doubt, The Exercise By Jacob Morgan Of Its Rights Hereunder Will Not Require Jacob Morgan To Compensate The User For Loss Of Access To The Jacob Morgan’s System And Service.
5.6. A Violation Of This AUP By A Person Having Only Indirect Access To The Jacob Morgan Service Through You, Will Be Considered A Violation By You, Including Whether Or Not The Violation Was In With Your Knowledge Or Consent. You Are Responsible For Any And All Actions Of Its Clients To Whom It Directly Or Indirectly Provides Its Services.
5.7. Jacob Morgan May Cooperate With System Administrators Or Other Network Or Computing Services Providers To Enforce This AUP Or A Policy Of Another Provider.
5.8. Jacob Morgan May Involve, And Will Cooperate With, Law Enforcement If Criminal Activity Is Suspected.
Please note this policy cannot be exhaustive, and additional conditions or requirements may apply at any time due to technological changes, experience, regulations and policies, including those set in order to prevent money laundering. This AUP is subject to change at Jacob Morgan’s sole discretion at any time and any change is effective when posted on Jacob Morgan’s website or otherwise made known to Jacob Morgan.
Please note any and all usage of the site and services is subject to the Terms and Conditions, as may be amended from time to time by Jacob Morgan, at its sole discretion.
Please note that if it will come to our attention or knowledge that you have breached any of the terms and conditions, policies and such Jacob Morgan reserves the rights to sell any and all open positions and withdrawal any and or all “Non-Deposited Funds” and Jacob Morgan will not be held responsible for any losses, damages that may occur due to breach of contract in any form or case.
For queries concerning policy matters, please contact us at anytime.