In case of dispute English version prevails
Rainbow Capital is the trade name of Rainbow Capital Ltd. (Company Number # 014688) is a registered Vanuatu Company, which is now under licencing regulation process by the Vanuatu Financial Services Commission (“VFSC”).The following describes the terms and conditions upon which Rainbow Capital Ltd. (“Rainbow Capital”, “Company”, “We”, “Our” or “Us”) offers access to its Website(s) to you (“You”) and the use of Our services (the “Agreement”). This Agreement shall be governed by and interpreted in accordance with the regulations of the Vanuatu Financial Services Commission.
This Agreement, which constitutes a legally binding agreement between You and Rainbow Capital, describes the terms, conditions and risks applicable to Your use of Rainbow Capital services available under the domains of https://binary.dragonoptions.com and https://forex.dragonoptions.com (the “Services” and the “Site”). You hereby acknowledge that the Services offered are non-delivery options trading services, and that when You trade with Rainbow Capital, You are not entitled to receive, and We are under no obligation to supply, any of the assets in relation to which You invest in binary options via the Site. You must read, agree with and accept all of the terms and conditions contained in this Agreement without modifications, which include those terms and conditions expressly set forth below and those incorporated by reference, before You may become a client of Rainbow Capital and use the Site and\or the Services. By continuing to access or use the Site and\or the Services, You agree to follow the terms and conditions of this Agreement as they apply to You. This Agreement is effective upon acceptance in registration for newly registering customers. If You do not agree to be bound by the terms and conditions of this Agreement, do not use or access the Site and\or the Services, and inform Us in writing immediately. Your continued use of the Site and\or the Services represents Your consent to be bound by this Agreement.
The Services are available to and may only be used by individuals or companies who can form legally binding contracts under the law applicable to them. Without limiting the foregoing, the Site and\or the Services are not available to persons under the age of 18 or otherwise under legal age – whichever is higher (“Minor”). If You are a Minor, You may not use the Site and\or the Services; Your continued use of the Site and\or the Services constitutes Your representation that You are not a Minor. We reserve the right (but are under no obligation) to request proof of age at any stage, to verify that You are not a Minor. Rainbow Capital may suspend or cancel Your account and exclude You from using the Site and\or the Services if proof of age is not provided or if We suspect that You are a Minor; in such case We are under no obligation to return any funds held in Your account with Us. Any such decision of Ours shall be final, binding and not subject to appeal. For avoidance of doubt, We shall not be responsible for any unauthorized use by Minors of the Site and\or the Services in any way or manner. You understand that laws regarding financial contracts, services and products vary throughout the world, and it is Your obligation alone to ensure that You fully comply with (and do not violate) any law, regulation or directive, relevant to You and Your use of the Site and\or the Services. By using the Site and\or the Services You warrant and represent that You confirm that such use complies with any law, regulation or directive, relevant to You. For avoidance of doubt, the ability to access the Site and\or the Services does not necessarily mean that Your activities via the Site and\or Your use of the Services are legal under the laws, regulations or directives relevant to You. For the avoidance of doubt, it is hereby clarified that We make no representations or warranties, expressed or implied, that Your use of the Site and\or the Services is lawful. Without derogating from the above, the Site and Services are not available to US investors; if You are a US citizen and\or resident, You may not use the Site and the Services. We reserve the right, at our sole discretion, to deny access to the Site and Services to citizens, residents and\or people located at additional jurisdictions.
Registration Information and Requirements
In order to use the Site and the Services You must register with Us. When you register with Us, Rainbow Capital will ask You to provide certain identifying information and documents; You are not considered as fully verified customer without the provision of such information and needed documents. We reserve the right, at any point in time (whether prior to completion of the registration or afterwards), to require from You additional information and documentation or to confirm information and documentation You previously provided to Us; if You do not supply such information and documentation within the time period asked for, or if We believe that any information or documentation provided by You was false or inaccurate or is no longer current or accurate, or if you fail to otherwise comply with any term or condition of this Agreement and all rules and guidelines of the Service or if We believe, at our sole discretion, that you have abused in any way or acted in bad faith towards the Site and\or the Services and\or other users of the Site and Services, We reserve the right to refuse to open an account for You, suspend or cancel Your account with Us, and will be entitled to seize and confiscate any funds held in Your account. When providing Rainbow Capital with details of any means of payment, You represent and warrant that that means of payment is either owned by You or that the owner of that means of payment agreed to Your use of the means of payment in connection with the Site and the Services and that such use is within the confines of such agreement. You acknowledge that We are under no obligation whatsoever to verify whether and to what extent did the owner of the means of payment agreed to such a use, and (in addition to any other remedy or right We have) You will be held liable for any misuse of such means of payment. You are responsible for securing Your username and password for Your account with Us, and You shall not transfer them to any third party. We are under no obligation to maintain Your user name and password. You agree to provide true, accurate, current and complete information about Yourself during the registration process and thereafter, and You also agree not to impersonate any person or entity, misrepresent any affiliation with another person, entity or association, use false headers or otherwise conceal Your identity from Us for any purpose. You shall notify Rainbow Capital immediately upon any change in any of the details You provided to Us.
Your use of the Site and\or Services
While using the Site and\or Our Service, you hereby acknowledge that:
- Your account with Us is for your sole and personal use, and You must not allow the use of Your account by any third party. You hold full and sole responsibility for any loss or damage caused due to any act or omission by You or any third party as a result of inappropriate, irregular or unauthorized use of Your account. Without derogating from the above, You must inform us immediately of any unauthorized use of Your account;
- You are solely responsible for recording, paying and accounting for any tax or other levy that may be payable due to Your use of the Site and\or the Services (including, but not limited to, payment of earnings);
- You will use the Site and\or the Services in good faith towards the Company and others using the Services;
- In case of Fraud account suspicion, we may, at our sole discretion, open, maintain and/or close Your Account, as well as seize and confiscate all or part of the funds held in Your account and recover and\or retain any and all earnings paid to You or to which You are entitled, and any such decision or any other decision by the Company in connection with the Site and\or the Services shall be final and not subject to dispute or appeal;
- You hereby acknowledge and accept that the Site and\or Our Services may be supplied, in part or in whole, by third parties; You waive any claim against Us in respect of the provision of the Site and\or the Services by any such third party;
- You will not copy or distribute any materials appearing on the Site for any other purpose than Your use of the Site and\or the Services;
- You will use the information appearing in the Site for the sole purpose of executing transactions inside and within the Site;
- You will not use the Site and\or the Services for any purpose that is unlawful, tortuous, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening or hateful.
We may make available to You through the Services a broad range of financial information that is generated internally or obtained from agents, vendors or partners (“Third Party Providers”). This includes, but is not limited to, financial market data, quotes, news, analyst opinions and research reports, graphs or data (“Financial Information”).Financial Information provided on the Site is not intended as investment advice. The Company does not endorse or approve the Financial Information, and We make it available to You only as a service for Your own convenience. Rainbow Capital and its Third Party Providers do not guarantee the accuracy, timeliness, completeness or correct sequencing of the Financial Information, or warrant any results from Your use or reliance on the Financial Information. Financial Information may quickly become unreliable for various reasons including, but not limited to, changes in market conditions or economic circumstances. Neither the Company nor the Third Party Providers are obligated to update any information or opinions contained in any Financial Information, and We may discontinue offering Financial Information at any time without notice. It is Your duty to verify the reliability of the information and Financial Information on the Site and its suitability to Your needs. We exclude any liability for any claim, loss or damage of any kind allegedly caused by information presented on the Site or referred to by the Site.
An account with positive credit balance, is considered to be dormant if it has been open throughout the period of twelve (12) consecutive months and during this period no trading transactions have been carried out in relation to the said account. Dormant accounts will be charged a quarterly maintenance fee, the exact fee will be based on the currency denomination of the Client Account, and is set out as follows: 5 EUR/5 USD/ 5 GBP and 5 EUR equivalent in other currencies. In case the free balance is less than 5, the full amount of the free balance will be charged. There will be no charge if the free balance is zero.
Dormant Bonus/Credit Rule: In case the Client didn’t trade for the 6 (six) months, the Company leaves the right to deduct from the balance inactive bonus/credit from the trading account of the Client (inactive bonus/credit is obtained amount from the Company during Company promotion on the terms of XXX volume to be done, which was mentioned in the promotion. Until the required turnover was not finished the obtained bonus/credit is considered as INACTIVE.
We may provide a link to other sites that are controlled or offered by third parties. Such link to a site or sites is not an endorsement, authorization, sponsorship or affiliation with respect to such site, its owners or its providers. Rainbow Capital cautions You to ensure that You understand the risks involved in using such sites before retrieving, using, relying upon or purchasing anything via the Internet. Links to these websites are provided solely for Your convenience, and You agree that under no circumstances will You hold Rainbow Capital liable for any loss or damage caused by use of or reliance on any content, goods or services available on other sites.
We reserve the right in our sole discretion to refuse and\or cancel the Services (in whole or partially), and\or refuse to distribute profits to anyone for any legitimate reason including, but not limited to:
- any instance where We have cause to believe that Your activities on the Site may be illegal;
- any instance where We may suffer any fiscal, regulatory, or pecuniary disadvantage;
- any instance where one or more transactions on the Site are judged by Us to have been performed in violation of this Agreement.
- We reserve the right to cancel, terminate, modify or suspend the Services if for any reason, the Services cannot be conducted as planned, including infection by computer virus, bugs, tampering or unauthorized intervention, fraud, technical failures or any other causes beyond Our control. If any errors result in awarding funds to You or in an increase in funds owed or paid to You, You shall not be entitled to these funds. You shall immediately inform Us of the error and shall repay any funds credited to Your account in error to Us (as directed by Us) or We may, at our sole discretion, deduct an amount equal to such funds from Your account or set off such amount against any money owed to You by Us. Rainbow Capital provide clients the benefit of canceling a trade once placed. If we have reason to believe that a client is abusing or attempting to abuse this benefit, we reserve the right to cancel trades that were executed after more than 2 cancellations.
Withdrawals can be processed to fully verified customers only. Also requires client’s voice confirmation. Withdrawal commissions apply and can change any time, it is your obligation to check the amount of commissions. Withdrawal speed depends on your type of account. Withdrawing using bank cards: Withdrawing to a bank card is limited to the amount you initially deposited using this bank card. If a client deposited funds by different methods (like e-wallet, bank cards or wire), Rainbow Capital first of all company will withdrawal money to the bank card. Every card you are using on the platform should be verified. The remainder can then be wired to your account or to your e-wallet. Please keep in mind that after a withdrawal request has been processed by Rainbow Capital, it may take 5 -21 business days for the funds reach your account. This time frame depends on withdrawal method and policies and procedures in YOUR bank and Rainbow Capital can’t influence on work of your bank. If the day of withdraw falls on a Holiday, a day of withdraw is transferred to the next business day. Withdrawing using a bank wire Transfer: Due to anti money laundering requirements funds can only bet transferred to the same account they were received from. The account’s beneficial owner must be the same beneficial owner as it appears in Rainbow Capital Option’s system and as verified by the customer’s supporting documentation. Please keep in mind that banks normally require up to 3-5 business days to process an outgoing payment. Withdrawing using e-wallets: Due to anti money laundering requirements funds can only be transferred to the e-wallet with the same owner as it appears in Rainbow Capital Option’s system and as verified by the customer’s supporting documentation. Please keep in mind that your wallet system may require specific verification status to proceed your withdrawal.
We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, bugs, viruses, communications line failure, theft or destruction or unauthorized access to, or alteration of, the Site or Services. We are not responsible for any problems or technical malfunction of any telephone or network lines, computer online systems, servers or providers, hardware, software, failure due to technical problems or traffic congestion on the Internet (or inaccessibility to the Internet). In no event shall the Company and/or anyone acting on its behalf be liable for any direct, indirect, incidental, special or consequential damages or damages for loss of profits, revenue, data or use incurred by You or any third party, whether in an action for contract or tort, arising from the access to, or use of, the Site and\or the Services. We and/or anyone acting on Our behalf, make no representations about the suitability, reliability, availability, timeliness and accuracy of the Services. All Services are provided “as is” without warranty of any kind. The Company hereby disclaims all express or implied warranties with respect to the Site and Services, including but not limited to, warranties and conditions of merchantability, satisfactory quality, fitness for a particular purpose, completeness or accuracy, non-infringement of third party rights or applicable laws, regulations and directives, or that the Site and Services will be uninterrupted, timely, secure or error free.
To the maximum extent permitted by applicable law, under no circumstances shall Rainbow Capital be responsible for any loss or damage resulting from use of the Site or Services, from any content posted on or through the Site or Services, or from the conduct of any users of the Site or Services, whether online or offline. In no event shall Rainbow Capital or any of its officers, directors, employees, service providers or agents be liable to you for any damages whatsoever including without limitation indirect, incidental, special, punitive or consequential damages, arising out of or in connection with your use of the site and/or services, including but not limited to the quality, accuracy or utility of the information provided as part of or through the site damages are foreseeable and whether or not Rainbow Capital has been advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law and in no event shall Rainbow Capital has been advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law and in no event shall Rainbow Capital’s cumulative liability to site in relation to the transaction giving rise to such liability.
You hereby declare that the funds invested in Your account with Us do not originate from drug trafficking, abduction, any other criminal or illegal activity, or any political affiliation.
You shall not abuse the Site and\or the Services for the purpose of money laundering or for any other illegal, unlawful or improper activity. We reserve the right to refuse to allow You to use Your account, to suspend, cancel and terminate Your account and to seize and confiscate all funds in Your Account if You do not accept or conform to the following AML requirements and policies (or any other AML requirements, as required by Us from time to time):
- You must provide all requested information and documentation upon registration.
- If You maintain an account by means of telegraphic deposits, funds will only be distributed to the holder of the originating bank account. When making deposits in this manner, it is Your responsibility to ensure that the trader’s account number and registered name of the account owner accompany all transfers to Rainbow Capital.
- If You fund an account by means of credit/debit card deposits, funds will only be distributed to the individual whose name appears on the card used to make the deposit and only be paid back to the same card.
- Only one account is allowed per person. No funds will be distributed from accounts opened in false names or on multiple accounts opened by the same person.
- If We suspect any illegal or unlawful activity is performed via Your account, we reserve the right to disclose all information relating to You to the relevant authorities, as well as suspend and terminate Your account, as well as seize and confiscate any funds in Your account.
All content, trademarks, services marks, trade names, logos, icons any other intellectual property connected to the Site or the Services (the “IP Rights”) are the sole and exclusive property of Rainbow Capital or its affiliates or agents.
You may use the IP Rights solely as set out in this Agreement, and You will not acquire any rights whatsoever in the IP Rights. You agree not to delete any copyright notices or other indications of protected intellectual property rights from materials that You print or download from the Site. Images displayed on the Site are either the property of Rainbow Capital or used with permission. You agree not to upload, post, reproduce or distribute any information, software or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights and the prior written consent of Rainbow Capital.
You agree to defend, hold harmless and indemnify Rainbow Capital and its officers, directors, employees, agents, contractors, consultants and suppliers from and against any and all claims, liabilities, damages, losses, costs and expenses, including without limitation attorney fees and costs, arising out of or in any way connected with (i) your access to or use of the Site or Services; (ii) Your violation of any of the terms of this Agreement; or (iii) Your breach of any applicable laws, regulations or directives.
Term and Termination
The term of the Agreement shall be unlimited, however We will be allowed to terminate this Agreement and Your account at any time by notice to You. As of termination, You shall not be able to carry out new transactions, and You agree to cease accessing the Site and the Services. You agree that Rainbow Capital, at its sole discretion and with or without notice, may terminate Your access to any or all Services, close Your open transaction and remove and discard any information or content within a Service. Termination of this Agreement shall not affect any provision of this Agreement which is expressly or by implication intended to come into force or continue in force on or after that termination.
This Agreement shall be governed by and interpreted in accordance with the Vanuatu laws excluding that body of law pertaining to conflict of laws. Any legal action or proceeding arising under this Agreement will be brought exclusively in courts located in the Crete Islands, and the parties hereby irrevocably consent to the personal jurisdiction and venue therein. In the event that any provision in this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement will remain in full force and effect and will be interpreted so as to give effect, to the fullest extent possible, to the purpose of that provision. The failure or delay on Our part to enforce any right, power, remedy or provision of this Agreement, or partial exercise of such right, power, remedy or provision will not be deemed a waiver of such right, power, remedy or provision. We shall be entitled, in our sole discretion, to amend, modify, or discontinue, from time to time, any of the Services. The Company shall not be liable for any loss suffered by You resulting from any changes made and You shall have no claims against the Company in such regard. We may transfer, assign or pledge this Agreement or any rights and/or obligations hereunder to any third party without Your consent. You may not transfer, assign or pledge in any manner whatsoever any of Your rights or obligations under this Agreement. Unless explicitly stated in this Agreement, nothing in this Agreement shall: (i) be construed as creating any agency, arrangement, trust of fiduciary relationships or any similar relationship between You and Us; (ii) create or confer any rights or benefits to any third party, or (iii) grant You any security interest in any asset of the Company, including (but not limited to) any sum held in Your account. For the avoidance of doubt, it is hereby clarified that any funds held in Your account will not accrue any interest. All promotions, bonuses or special offers are subject to additional terms and conditions and any bonus credited to Your account must be used in adherence with such terms and conditions. We reserve the right, at Our sole and exclusive discretion, to withdraw any promotion, bonus or special offer at any time. If We believes You are abusing or attempting to abuse a bonus or other promotion, or are likely to benefit through abuse or lack of good faith, then We may, at Our sole and exclusive discretion, deny, withhold or withdraw from You any bonus or promotion, either temporarily or permanently, or terminate Your account without being under no obligation to pay You any funds held in Your account. We reserve the right to set off any positive balances in Your account against any amount owed by You to Us. Any notice provided by Us to You, either through Your account, the Site or by e-mail will be deemed received within 24 hours from the time in which such notice was provided by Us. We may amend the terms of this Agreement from time to time, at Our sole and exclusive discretion and without providing any prior notice, by posting the amended Agreement on the Site. You are responsible for checking whether the Agreement was amended before each time You use the Site and\or the Services. Any amendment shall come into force as of the day it was published on the Site. If You do not agree to be bound by the changes to the Agreement, do not use or access the Site and\or the Services, and inform Us in writing immediately. Your continued use of the Site and\or the Services constitutes Your acceptance to the amended Agreement. This Agreement constitutes the entire and whole agreement between You and Us in respect of the use of the Site and the Services, and supersedes any and all prior agreement between You and Us in relation to the use of the Site and the Services. You confirm that You have not relied on any representation of the Company save for any express representation made by Us in this Agreement. This Agreement has been drafted in the English language. In the event of any discrepancy between the meanings of any translated versions of this Agreement and the English language version, the meaning of the English language version shall prevail.
We do not accept clients from the following countries:
EU countries, United States, Canada, Belgium, Turkey, Iran, Democratic People’s Republic of Korea (DPRK), Algeria, Ecuador, Indonesia, Myanmar, Israel, The Palestinian territories, Nigeria, Philippines, Pakistan, Ghana, Afghanistan, Syria, Iraq, Somalia, Bangladesh, Indonesia, Brazil, China.