Terms & Conditions
Please read these Terms and Conditions (T&C) carefully before using https://www.first-capital.fm, website owned and operated by ECN Pool Ltd., registration number: 23919 IBC 2017, address: Suite 305, Griffith Corporate Centre, P.O. Box 1510, Beachmont Kingstown, St. Vincent and the Grenadines.
By accessing or using the Service you agree to be bound by these T&C. If you disagree with any part of the T&C then you may not access and use the Service.
KYC (Know Your Client) Policy
Know your customer policies have become increasingly important on a worldwide basis, especially among banks and other financial institutions, in order to prevent identity theft, money laundering, financial fraud, and terrorist activity.
The company holds a zero-tolerance fraud policy and is taking all measures possible to prevent it. Any fraudulent activity will be documented and all accounts related to it will be immediately closed. All funds in these accounts will be forfeited.
The company aims to ensure the integrity of any sensitive data it obtains, such as your account information and the transactions you make, using a variety of security measures and fraud controls. Securing your electronic transactions requires us to be provided with certain data from you, including your preferred deposit method.
Definition of Customer
For the purpose of Company’s KYC policy a ‘Customer’ means any of the following:
A person that maintains an account and/or has a business relationship with the Company;
A Person who has a Registered Account with Company and has a financial transaction or activity with the Company;
A Person on whose behalf the Registered Account is maintained (i.e. the beneficial owner);
Any other Person connected with a financial transaction which can pose significant reputation or other risks to Company.
The guidelines in respect of Customer relationship in the Company broadly includes the following:
No account is to be opened in anonymous or fictitious/ name;
Accept Customers only after verifying their identity. Necessary checks before opening a new account are to be ensured so that the identity of the Customer does not match with any person with a known criminal background or the Customer is not connected with banned entities;
Classify Customers into various risk categories and, based on risk perception, apply the acceptance criteria for each category of Customers. Customer requiring very high level of monitoring, e.g. Politically Exposed Persons as explained may, if considered necessary, be kept in the High Risk Category.
Documentation requirements and other information to be collected in respect of different categories of Customers depending on perceived risk and compliances with Anti-Money Laundering Legislation.
Not to open an account or close an existing account, where the identity of the account holder cannot be verified and/or documents/information required could not be obtained/confirmed, as per the risk categorization, due to non-cooperation of the Customer or non-reliability of the data/ information furnished to Company.
Implementation of KYC should not become too restrictive and result in denial of the Company services to the general public.
The decision to open an account for Politically Exposed Person (PEP) should be taken at a senior level. It may, however, be necessary to have suitable built-in safeguards to avoid harassment of the customer. For example, a decision to close an account may be taken at a reasonably high level after giving due notice to the customer explaining the reasons for such a decision.
Under no circumstances, a Customer is permitted to act on behalf of another person.
The documents required for KYC policy:
- a copy of your valid passport with the signature page OR National ID OR Driving License;
- copies of your credit cards, used to make the deposit (Front side with only the last 4 digits, your name, and expiry date visible. Backside with the CVV covered and your signature showing);
- a copy of a recent utility bill in your name and address;
All the mentioned documents are required to be provided prior to conducting any activities in clients’ account, including but not limited to making deposits or trades.
The company holds the security of documentation at the highest priority and treats all documents it receives with utmost respect and confidentiality. All files we obtain are fully protected using the highest possible level of encryption at every step of the review process.
Company shall educate Customers on the objectives of the KYC program so that Customer understands and appreciates the motive and purpose of collecting such information. The Company shall prepare specific literature/ pamphlets, terms and conditions etc. so as to educate the Customer about the objectives of the KYC program. The front desk staff shall be specially trained to handle such situations while dealing with Customers.
Introduction of new technologies
Company shall pay special attention to any money laundering threats that may arise from new or developing technologies including on-line transactions that may favor anonymity, and take measures, if needed, to prevent their use in money laundering.
Closure of Accounts/Termination of Financing/Business Relationship
Where Company is unable to apply appropriate KYC measures due to non-furnishing of information and/or non-operation by the Customer, Company shall terminate Financing/Business Relationship after issuing due notice to the Customer explaining the reasons for taking such a decision. Such a decision shall be taken with the approval of key managerial persons authorized for the purpose.
KYC for the Existing Accounts
While the KYC Policy will apply to all new Customers, the same would be applied to the existing Customers on the basis of materiality and risk. However, transactions with existing Customers would be continuously monitored for any unusual pattern in the operation of the accounts.
Updates in the KYC Policy
The KYC policy may be amended/ updated according to the current and effective legislation and international regulations.
If you have any questions please don’t hesitate to contact our customer support: email@example.com.
The company does its utmost to ensure the privacy, confidentiality, and security of its clients are preserved both throughout their interaction with the company and afterwards, to the fullest extent achievable by the company.
who is responsible for the protection of your information;
the kinds of Personal Information which we may collect about you and how it may be used;
the sources from which we gather information about you;
any disclosure of Personal Information to third parties;
your ability to correct, update and delete your Personal Information; and
the security measures we have in place to prevent the loss, misuse, or alteration of Personal Information under our control.
Gathering and Use of Personal Information
We may collect your Personal Information if you use the Site, open an Account to use Our Services or perform any Transactions on firstcapital.fm. The types of Personal Information which we collect may include:
your photographic identification;
your phone number;
your e-mail address;
your IP address(es) and geolocation;
your device and browser information;
your banking details including account numbers;
your date of birth;
We may use your Personal Information for the following purposes:
to allow you to open and operate an Account at firstcapital.fm
to enable you to complete Transactions
if you contact us, to reply to your queries;
to analyze the use of our Site;
as required for regulatory purposes;
to provide you with information about products and promotions that may be of interest to you, from ourselves and third parties, although only if you have specifically agreed to receive such information;
for market research e.g. surveying our Members' needs and opinions on issues, such as our performance etc.
We will process your Personal Information only for the purpose(s) for which it has been provided to us.
Sources of information
We collect information about You from several sources including, but not limited to:
Your firstcapital.fm profile
Your social network profiles (Facebook, Google)
Cryptocurrency blockchains (Bitcoin, Litecoin, Ethereum, BitcoinCash blockchains)
We may collect information about your computer, including where available your IP address, operating system, and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns and does not identify any individual.
We use third-party service provider(s), to assist us in better understanding the use of our Site. Our service provider(s) will place cookies on the hard drive of your computer and will receive information that we select that will educate us on such things as how visitors navigate around our site, what products are browsed, and general Transaction information. Our service provider(s) analyses this information and provides us with aggregate reports. The information and analysis provided by our service provider(s) will be used to assist us in better understanding our visitors' interests in our Site and how to better serve those interests. The information collected by our service provider(s) may be linked to and combined with information that we collect about you while you are using the company. Our service provider(s) is/are contractually restricted from using the information they receive from our Site other than to assist us.
Disclosure of Personal Information
Specifically, when it is needed and permitted by law we can share information about you with the following parties:
With third-party verification providers (i.e. identity and address verification providers);
With acquiring and card-issuing banks;
With payment processing partners;
With our service providers;
With banks or other financial institutions when disputing claims or chargebacks;
With government and regulatory officials when requested;
Please note that we cooperate with partners in different countries, hence your information might be processed and stored in different jurisdictions, but only as permitted by the law in that particular jurisdiction.
We are committed to ensure the safety of your personal information at any point of time by the use of secured data transfer channels, contractual obligations and other means (i.e. working with only trusted partners that have adequate data protection means).
Correction⁄ Updating⁄ Deletion of Personal Information
You have the right to access your Personal Information and require correction, updating and blocking of inaccurate and/or incorrect data by sending an email to : firstname.lastname@example.org.
You may also request deletion or destruction of both the Account and Personal Information by sending an email to: email@example.com. The company will process your request except if this is not inconsistent with its legal and regulatory obligations.
Upon your written request, we will inform you of the Personal Information relating to you that we hold and the use and general disclosure of your Personal Information. We will also give you a copy of the Personal Information we have retained. There may be a minimal charge for accessing your Personal Information.
We have implemented security measures to ensure the confidentiality of your Personal Information and to protect your Personal Information from loss, misuse, alteration or destruction. Only authorized personnel of the company have access to your Personal Information, and these personnel are required to treat the information as confidential.
firstcapital.fm website belongs to ECN Pool Ltd., registration number: 23919 IBC 2017,
Our address: Suite 305, Griffith Corporate Centre, P.O. Box 1510, Beachmont Kingstown, St. Vincent and the Grenadines
Our official email address is: firstname.lastname@example.org.
Phone numbers: +441274797018;
The security measures in place will, from time to time, be reviewed in line with legal and technical developments.
Retention of Personal Information
You have the right to ask us not to process your Personal Information for marketing purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your Personal Information. You can exercise the right at any time by contacting us at email@example.com.
AML (Anti money laundering) Policy
The company does not tolerate money laundering and supports the fight against money launderers.
Money laundering is the act of concealing the transformation of profits from illegal activities and corruption into ostensibly "legitimate" assets. Money laundering occurs when funds from an illegal/criminal activity are moved through the financial system in such a way as to make it appear that the funds have come from legitimate sources.
The first involves introducing cash into the financial system by some means ("placement"); the second involves carrying out complex financial transactions to camouflage the illegal source of the cash ("layering"); and finally, acquiring wealth generated from the transactions of the illicit funds ("integration"). Some of these steps may be omitted, depending upon the circumstances. For example, non-cash proceeds that are already in the financial system would not need to be placed.
Typically, money laundering involves three steps:
First, the illegitimate funds are furtively introduced into the legitimate financial system. Then, the money is moved around to create confusion, sometimes by wiring or transferring through numerous accounts. Finally, it is integrated into the financial system through additional transactions until the funds become legitimate.
Customer accounts are one vehicle that can be used to launder illicit funds or to hide the true owner of the funds. In particular, a customer account can be used to execute financial transactions that help obscure the origins of the funds. The company directs funds withdrawals back to the original source of remittance, as a preventative measure.
International Anti-Money Laundering requires financial services institutions to be aware of potential money laundering abuses that could occur in a customer account and implement a compliance program to deter, detect and report potential suspicious activity.
The company has policies in the field of counteraction of laundering money. These policies include:
ensuring clients have valid proof of identification;
requiring the client to provide valid utility bills for proof of residence;
maintaining records of identification information;
determining that clients are not offenders or terrorists by checking special lists;
informing clients that the information they provide may be used to verify their identity;
closely following clients’ money transactions;
maintaining records of identification information.
not accepting money orders, third party transactions, exchange houses transfers or Western Union transfers.
The AML measures which the Company generally will take
collect sufficient information from each Customer who has opened an account to enable the Customer to be identified;
utilise risk-based measures to verify the identity of each Customer who has opened an account;
record Customers’ information and the verification methods and results; provide the required adequate notice to Customers that we will seek identification information to verify their identities;
compare customer identification information with government-provided lists of suspected terrorists, once such lists have been issued by the government.
Monitoring of Transactions
Ongoing monitoring is an essential element of effective KYC procedures. Monitoring of transactions and its extent will be conducted taking into consideration the risk profile and risk sensitivity of the account. Company shall make endeavors to understand the normal and reasonable activity of the customer so that the transactions that fall outside the regular/pattern of activity can be identified, Special attention will be paid to all complex, unusually large transactions and all unusual patterns, which have no apparent economic or visible lawful purpose. Company may prescribe threshold limits for a particular category of accounts and pay particular attention to the transactions which exceed these limits. Transactions that involve large amounts of cash inconsistent with the normal and expected activity of the customer should particularly attract the attention of the Company.
Higher risk accounts shall be subjected to intense monitoring. Company shall set key indicators for such accounts basis the background of the customer, country of origin, sources of funds, the type of transactions involved and other risk factors which shall determine the extent of monitoring. Company shall carry out the periodic review of risk categorization of transactions/customer’s accounts and the need for applying enhanced due diligence measures at a periodicity of not less than once in six months.
The Management of the Company under the supervision of the Board of Directors and the Risk Committee shall ensure that an effective KYC program is put in place by establishing appropriate procedures and ensuring their effective implementation. It will cover proper management oversight, systems and controls, segregation of duties, training and other related matters. Responsibility will be explicitly allocated within the Company for ensuring that the policies and procedures as applicable to Company are implemented effectively. The Company shall devise procedures for creating Risk
Profiles of their existing and new Customers and apply various Anti Money Laundering measures keeping in view the risks involved in a transaction, account or business relationship.
Broad categories of reason for suspicion and examples of suspicious transactions are indicated as under:
Identity of client:
- a) False identification documents
- b) Identification documents which could not be verified within a reasonable time
- c) Accounts opened with names very close to other established business entities.
Background of Client: suspicious background or links with known criminals.
Multiple Accounts: a large number of accounts having a common account holder.
Activity in accounts:
- a) Unusual activity compared with past transactions
- b) Sudden activity in dormant accounts;
Nature of transactions;
- a) Unusual or unjustified complexity;
- b) No economic rationale or bonafide purpose;
- c) Nature of transactions inconsistent with what would be expected from a particular Customer.
These guidelines have been implemented to protect the company and its clients.
You are eligible to withdraw your funds from your Account. In order to withdraw your money from your Account, you will need to ensure that your Account is verified and confirmed.
Verifying your identity and Account is the requirement of the Company’s KYC (Know Your Client Policy).
Funds may be withdrawn by yourself from your Account provided that such funds are not being utilized for margin purposes or have otherwise become owing to us. In order to withdraw your funds, you shall make a withdrawal request on the website.
Please pay attention that while making a withdrawal of funds from your Account you are requested to pay a commission fee 4% of a withdrawal amount, which is needed in order to cover fees that First Capital pays to payment processors for successful withdrawal procedure. While making a withdrawal request on the Company’s website, you declare and confirm that you are informed and agree to pay 4% fee of withdrawal.
Once your withdrawal request is approved, your withdrawal request will be processed by us and sent for execution to the same bank, credit card or another source from which the funds were debited or as we determine in our absolute discretion, as soon as possible.
Withdrawals will only be made from a source entitled with your name.
Note that some banks and credit card companies may take time to process payments especially in currencies where a correspondent bank is involved in the transaction.
Please keep in mind that a client’s failure to complete the First Capital’s due diligence procedure to the First Capital’s satisfaction may affect the client’s ability to withdraw his funds. If you request a withdrawal of funds from your account and we cannot comply with it without closing some part of your open positions, we will not comply with the request until you have closed sufficient positions in order to allow you making the withdrawal. In order to process your withdrawal request please ensure that the funds, namely the realized balance, remaining on your account after your finished withdrawal are at least twice of your used margin.
- General Conditions
The User who has paid for the company Services i.e. paid a transaction fee or has funded his account may request a Refund or Return in accordance with the Eligibility Criteria as further set out herein.
Refund/Return will only be considered where the User complies with the Eligibility Criteria in full. Where the User fails to meet any of the Eligibility Criteria, the company shall have the right, in its sole discretion, to decline the User’s request for a Refund/Return.
In order to apply for a Refund/Return, the User must request and complete a Refund Form/Return Form and send the respective form to the company support address - firstname.lastname@example.org
To prevent Prohibited Conduct, all payments and information related to Refund/Return may be verified by the company. In such case, the company may request the User to provide certain documents, including, but not limited to, identification documents, copy of the User’s Payment Card and Invoice or/and any other prove of the fact that disputed payment was made. In case if the User fails to provide appropriate documents or information within three (3) days upon the company request or in case of any doubts as to the authenticity of provided documents, the company shall be entitled to decline the User’s Refund/Return request.
The company shall process the User’s Refund Form/Return Form as soon as is reasonably practicable. Response times will vary depending on stated reasons for the request. In any case, the company shall notify the User on the outcome of the request in accordance with the timescales set out herein.
Refund/Return request will only be approved or declined after meticulous verification made by the company.
NOTE: Submission of Refund Form/Return Form does not guarantee that the User’s request will be satisfied.
- Transactions involving Crypto Currency (i.e. BitCoin)
Refunds are not possible for all transactions where the customer is purchasing CryptoCurrency. However, in case of customer changed his mind and would like to return purchased Crypto Currency the company would be able to buy it back based on current market rate minus the service fee for the transaction. In other words, customer can exchange purchased Crypto Currency (i.e. BitCoin) for any existing Digital Currency (i.e. PayPal) or Payment Method (i.e. Credit Card payment or Bank Transfer).
The reason for such policy is the fact that the price of Crypto Currency changes constantly thus the value of purchased Crypto Currency on the moment of refund will be different.
- Transactions NOT involving Crypto Currency (i.e. BitCoin)
Refunds are possible for 30 days from the exchange operation. The company will charge the customer the one-time refund fee of 5% of the transacted amount plus any additional service fees incurred by sending customer via the original payment method.
For example if customer has purchased Digital Currency via Money Gram money transfers and would like to get a refund he would have to send the purchased digital currency back in full amount of the refunded transaction, the company in return would send money back via Money Gram deducting the transfer fee's, as result customer would get his original payment less 5% and less Money Gram transfer fees.
- Transactions involving Amazon.net Gift Cards purchase from the company
Purchasing Amazon.net Gift Card from the company website, customer should redeem the balance right away after purchase, because transactions are non-refundable.
If the client is not able to redeem the card’s balance due to limitations of his Amazon.net account, the company might consider taking the card back, however, if there is no balance on the card or balance is not full the company will not be able to refund the transaction.
- The company does not take liability for cases when the customer is not able to redeem Amazon.net gift card due to the fact that there is no balance or Gift Card code is invalid. At the moment of providing the customer with Amazon.net gift card code the company also provides a screenshot of gift card’s balance, ensuring that Gift Cards balance is checked at the moment of sending it to the customer.
- The company cannot be held liable for customer misusing the code or not ensuring the safety of it over the internet, because any party having access to customer’s email or device is able to redeem the code without customer’s authorization.
- Amazon.net does not provide services to investigate how Gift Card was used, therefore the company will not be able to help to investigate the problem.
- It will be up to the company own discretion to decide if such cases are eligible for customer compensation based on the previous partnership between the company and the customers.
The company expects the User to contact it using the company contact details to resolve any problem or issue related to his/her payments before the User makes any Chargeback request. This Section does not affect any rights and/or claims, which the User may have against the bank/financial institution.
The company will investigate any Chargeback requests made by the User and in response will inform the User’s Issuing Bank whether any Service or Transaction has been cancelled.
The company reserves the right to suspend User's account and lock User's Funds during the chargeback investigation procedure.
Any charges, which arise upon processing Refund/Return, shall be borne solely by the User. Such charges will be deducted from the final amount of Refund/Return.
This Refund Policy will be amended from time to time if there is any change in the legislation. Terms and conditions of the Refund Policy are subject to change by the company and in the case of any amendments, the company will make an appropriate announcement. The changes will apply after the company has given notice.
In case if the User does not wish to accept the revised Refund Policy, he/she should not continue to use the company Services. If the User continues to use the Services after the date on which the change comes into effect, his/her use of the Services to be bound by the new Refund Policy.
Complaint and dispute policy
The parties will attempt in good faith to negotiate a settlement to any claim or dispute between them arising out of or in connection with this Agreement. If the parties fail to agree upon terms of settlement, either side may submit the dispute to confidential arbitration proceedings by a sole arbitrator under the ICC ADR Rules, whose decision shall be final and binding. The arbitration proceedings shall be conducted in Estonia. Without derogating of the provisions above, this clause explicitly sets exclusive jurisdiction to said arbitration process, and neither Party shall be entitled to submit any dispute to the courts of its domicile which contradicts said arbitration process.
When registering, you will have to provide us with some specific identification information. You are responsible for the security of your account’s login and password with the company. You are solely responsible for any damage caused by reason of any act or omission resulting in improper or illegal use of your account.
You agree to provide accurate and complete information about yourself during the registration process and you also agree not to impersonate another person or entity, and not to hide your identity for the company for any reason whatsoever. If you register as a commercial entity, you declare that you have the required authority to bind that entity to this Agreement.
Also, note that the company maintains effective and transparent procedures for reasonable prompt complaint handling for existing and potential retail clients, and we keep records of complaints and measures taken for complaint resolution. The purpose of this procedure is to ensure fair and consistent dealing with client complaints whilst striving to provide the highest level of customer service.
The company customers can withdraw their funds and benefits whenever they need to.
To request a partial or complete withdrawal of funds from your account, click on "Withdrawal request" in your account.
Please consider that we take 5-7 business days to process your withdrawal request. Corresponding withdrawals will take up to 3 business days to reach your credit card or bank account.
Feel free to contact our Customer support specialist if you have any questions.
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.
Furthermore, when it comes to withdrawals, Client may be required to present additional information and documents.
Notice of risk. CFDs are complex instruments and come with a high risk of losing money rapidly due to leverage. 80% of retail investors accounts lose money when trading CFDs with this provider. You should not take a risk higher that you are ready to lose. Before making a decision concerning a deal, make sure you realize all the risks, take your experience into consideration and, if necessary, consult an independent expert. There are no guarantees of profit nor of avoiding losses when trading Contracts for Difference and Foreign Exchange Contracts. You get no guarantees from First Capital or any of our representatives.
The use the Website and Services are at your own risk and the company shall not be responsible for any damages or losses of any kind that you shall incur as a result of modifications and enhancement and the termination and or suspension and/or discontinuation of the Website or any of the web site’s Services.
The company shall not be responsible for any damages or losses you may suffer as a result of your use or reliance on the content of any website to which links appear on the Website. Any third-party links, services, resources and information that we provide on or make available through the Website are not controlled by us. We make no warranties regarding such third-party services, resources and information, and we will not be liable for your use of or reliance on such third-party services, resources or information.
You expressly agree that use of this web site is at your sole risk. We nor any of our respective employees, agents, or licensors warrant that this web site will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of this web site.
Termination and cancelation policy:
You or we may suspend or terminate your account or your use of this Site at any time, for any reason or for no reason. Except for the withdrawal of accumulated funds, you will not be entitled to any remedy for discontinuing the services, all subject to our WD policy and applicable laws and regulations. We reserve the right to change, suspend, or discontinue all or any aspect of this Site at any time without notice.
You or we may terminate your account and services of this Site at any time, for any reason or for no reason. To cancel your services, please contact us.
Legal Restrictions: without limiting the undermentioned provisions, you understand that laws regarding financial contracts vary throughout the world, and it is your responsibility to make sure you properly comply with any law, regulation or guideline in your country of residence regarding the use of the Site. To avoid any doubt, the ability to access our Site does not necessarily mean that our
Services and/or your activities through the Site are legal under the laws, regulations or directives relevant to your country of residence.
- The company may not make the Services available in all markets and jurisdictions and may restrict or prohibit the use of the Services from certain U.S. states or foreign jurisdictions ("Restricted Locations"). If you are registering to use the Services on behalf of a legal entity, you represent and warrant that (i) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; and (ii) you are duly authorized by such legal entity to act on its behalf.
- You further represent and warrant that you:
- are of legal age to form a binding contract (at least 18 years old);
- have not previously been suspended or removed from using our Services;
- have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party;
- are not located in, under the control of, or a national or resident of
- any Restricted Locations, or
- .any country to which the United States has embargoed goods or services;
iii. are not identified as a "Specially Designated National;"
- are not placed on the Commerce Department’s Denied Persons List;
- will not use our Services if any applicable laws in your country prohibit you from doing so in accordance with these Terms.
- Restricted Locations, we cannot provide our services to residents of the following Countries/States
- United States
- New York (NY)
- Georgia (GA)
- Connecticut (CT)
- New Mexico (NM)
- Washington (WA)
- Hawaii (HI)
- Bosnia and Herzegovina
- Korea, Democratic People’s Republic of
- Lao People's Democratic Republic
- Sri Lanka
- Syrian Arab Republic
- Trinidad and Tobago