1.    Introduction

Welcome to Kanak Capital Markets!

By accessing and using our website www.kanakmarkets.com, you agree to comply with and be legally bound by the following terms and conditions of use contained herein.

The following terms of use also apply when using our website:

• Our Privacy Policy found here sets out the terms on which we process any personal data that is collected from you and/or provided to us. By using our website you consent to such processing and you guarantee that all data provided by you is accurate.
• Our Cookie Policy found here sets out information about the cookies on our
• Our Client Terms and Conditions found here sets out information about the legal framework governing the relationship between the Kanak Capital Markets and the Client.
• Our Client Agreement and other client legal documentation is found here.
• Any policies, notices, disclaimers or other statements contained on the website (referred to collectively as “terms of use”).

By using our website, you confirm that you accept these terms of use and that you agree to comply with them. Your use of the Kanak Capital Markets website is governed by the version of the terms and conditions in effect as on the date, you access the Kanak Capital Markets website. If you do not agree to these terms, you must not use our website. We recommend that you print a copy of these terms for future reference.

Your continued use of our website constitutes acceptance of these terms and any subsequent modifications. We reserve the right to update or modify these terms at any time without prior notice. It is your responsibility to regularly review these terms for any changes.

2.    Use of Kanak Capital Markets Website

The information provided on the website or provided by Kanak Capital Markets is intended only for your personal, non-commercial use, unless Kanak Capital Markets has agreed in writing, and only for legitimate purposes, to do otherwise. Kanak Capital Markets reserves the right to take appropriate legal action against any defaulting visitor or customer for any illegal or unauthorized use of the information. You may use any information, tools, products and services provided on Kanak Capital Markets website only if you are of legal age as per the applicable law of your country and are competent to form a binding contract with Kanak Capital Markets. Kanak Capital Markets in its sole discretion, reserves the right to reject, refuse to post or remove any posting by you, or restrict, suspend or terminate your access to the information on Kanak Capital Markets website. You further acknowledge and agree that if Kanak Capital Markets disables access to your account, you may be prevented from accessing the services provided by Kanak Capital Markets, account details or any files or other content which is contained in the account. Moreover, if you become aware of any objectionable material displayed on the Kanak Capital Markets website, you should immediately notify Kanak Capital Markets.

3.    Legal Use and Distribution Notice

The information on the Kanak Capital Markets website is not intended for distribution to, or use by, any person in any country or jurisdiction where such distribution or use would be contrary to applicable laws or regulations of that country. None of the services or investments referred to on the Kanak Capital Markets website is available to persons residing in any country where the provision of such services or investments would be contrary to the applicable local laws or regulation. It is the responsibility of visitors or clients (as the case may be) to ascertain the terms of and comply with any applicable laws or regulations to which they are subject. Nothing on the Kanak Capital Markets website shall be considered as a solicitation to buy or an offer to sell any product or service to any person in any jurisdiction where such offer, solicitation, purchase or sale would be unlawful under the applicable laws of such jurisdiction.

4.    No Professional Advice

Kanak Capital Markets does not, and does not intend to, provide legal, tax, investment or financial advice. Nothing in the Kanak Capital Markets website shall be construed as creating a fiduciary, financial or other advisory relationship between you and Kanak Capital Markets. You are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance. You must make your own investigations regarding the accuracy, reliability and completion of information provided and consult your legal, tax or finance professional advisor regarding your specific situation, including your financial situation, objectives and goals.

5.    User Conduct

When using our website, you agree to:

• Use the website only for lawful purposes and in accordance with applicable laws and regulations.
• Not engage in any conduct that may harm or disrupt the website or its
• Not attempt to gain unauthorized access to any part of the website, its servers, or any other systems connected to the website.

6.    Intellectual Property Rights

The information on the website is protected by applicable intellectual property laws. Except as expressly stated herein, you will not without Kanak Capital Markets prior written permission alter, modify, reproduce, distribute or commercially exploit any materials, including text, graphics, video, audio, software code, user interface design or logos, from the Kanak Capital Markets’ website. The right to use the names, logos, trademarks, copyright and all other intellectual property rights (whether registered or not) in all of the material and software on Kanak Capital Markets website remains exclusively with Kanak Capital Markets or its licensors. Unless you have been expressly authorized to do so in writing by Kanak Capital Markets, you will not use any trademark, service mark, trade name, logo of Kanak Capital Markets in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos. If you infringe or threaten to infringe copyright or any other intellectual property right of Kanak Capital Markets, or Kanak Capital Markets has a reasonable suspicion of such infringement or threatened infringement, your relationship and arrangements with Kanak Capital Markets will be terminated by Kanak Capital Markets and Kanak Capital Markets will have the right to constitute legal proceedings against you.

If you click on link of another website given on the Kanak Capital Markets Sites, it does not suggest that Kanak Capital Markets endorses, sponsors or is affiliated with the website, entity, service or product and that website may be subject to separate terms and conditions of use and policies.

The Kanak Capital Markets Sites, excluding third party content, are original works of authorship published by Kanak Capital Markets. Kanak Capital Markets has the exclusive rights to reproduce, display, prepare derivative works or distribute. The names, logos, trademarks, copyright and all other intellectual property rights (whether registered or not) in all of the material and software on the Kanak Capital Markets Website are owned by Kanak Capital Markets or its licensors. All third-party owned materials contained on Kanak Capital Markets Website are reproduced with the permission of the respective owners. Provisions related to non-disclosure, restriction on use of intellectual property owned by Kanak Capital Markets and the use of Kanak Capital Markets intellectual property will continue to apply, even after termination of the relationship between you and Kanak Capital Markets.

The Kanak Capital Markets Sites, excluding third party content, are original works of authorship published by Kanak Capital Markets. Kanak Capital Markets has the exclusive rights to reproduce, display, prepare derivative works or distribute. The names, logos, trademarks, copyright and all other intellectual property rights (whether registered or not) in all of the material and software on the Kanak Capital Markets website are owned by Kanak Capital Markets or its licensors. All third-party owned materials contained on Kanak Capital Markets Website are reproduced with the permission of the respective owners. Provisions related to non-disclosure, restriction on use of intellectual property owned by Kanak Capital Markets and the use of Kanak Capital Markets intellectual property will continue to apply, even after termination of the relationship between you and Kanak Capital Markets.

7.    Global Accessibility and Regulatory Constraints

Although the information on the Kanak Capital Markets website including the products and services are accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Kanak Capital Markets website are available to all persons or in all jurisdictions, or appropriate or available for use in certain jurisdictions. Kanak Capital Markets reserves the right to limit or refuse, at its sole discretion, the provision and the quantity of the products and services.

8.    Third-Party Content and Research

Kanak Capital Markets does not explicitly or implicitly endorse or approve such content. The content should not be construed as legal, tax, financial or investment advice. Your attention is drawn to the ‘no professional advice’ section above. While Kanak Capital Markets makes every attempt to provide accurate and timely information to serve the needs of users or customers, neither Kanak Capital Markets nor third party content providers guarantee its accuracy, timeliness, completeness or usefulness, and are not responsible or liable for any such content, including any advertising, products, or other materials on or available from third party websites. Third party content is provided for informational purposes only and Kanak Capital Markets specifically disclaims any liability for third party content available on Kanak Capital Markets website. You will use third party content only at your own risk. The content providers expressly disclaim all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement.

Third party content providers and their parents, subsidiaries, affiliates, service providers, licensors, officers, directors or employees shall not be liable for any direct, indirect, incidental, or consequential damages arising out of or relating to the use or the inability to use the third party content, including but not limited to damages for loss of profits, use, data or other intangible damages, even if such party has been advised of the possibility of such damages.

9.    Accuracy of Information

While Kanak Capital Markets has made every effort to ensure the accuracy of the information on Kanak Capital Markets website, the information and content on the Kanak Capital Markets website is subject to change without notice and is provided for the sole purpose of assisting you to make independent investment decisions. Kanak Capital Markets has taken reasonable measures to ensure the accuracy of the information on Kanak Capital Markets website. However, Kanak Capital Markets does not guarantee its accuracy and will not accept liability for any loss or damage that may arise directly or indirectly from the content or your inability to access Kanak Capital Markets website, for any delay in or failure of the transmission or the receipt of any instruction or notifications sent through the Kanak Capital Markets website. All content on the website is presented only as of the date published or indicated and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiver.

10.  Prohibited Uses

Since all servers have limited capacity and are used by many people, you should not use Kanak Capital Markets website in any manner that could damage or overburden any Kanak Capital Markets server, or any network connected to any Kanak Capital Markets server. You should not use Kanak Capital Markets website in any manner that would interfere with any other party’s use of Kanak Capital Markets website.

11.  Exclusion of Warranties

Kanak Capital Markets does not make any express or implied warranties about the information on Kanak Capital Markets sites or the information given while providing the services, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The Kanak Capital Markets website are made available to you on a “as is” and “as available” basis and Kanak Capital Markets does not warrant the accuracy or completeness of information on the Kanak Capital Markets website or that any defects or inaccuracies or errors in the software will be corrected.

Kanak Capital Markets does not warrant that the Kanak Capital Markets website will meet your needs, or that they will be uninterrupted, timely, secure or error-free. Kanak Capital Markets also makes no warranty that the results obtained from the use of Kanak Capital Markets website will be accurate or reliable, or that the quality of any products, services, information, or other material purchased or obtained by you through the Kanak Capital Markets website will meet your expectations. Kanak Capital Markets will not be liable (whether under contract, tort (including negligence) or otherwise) for any loss or damage which may be incurred by you, as a result of your failure to keep personal and sensitive personal information secure and confidential.

12.  Disclaimer of Warranties and Liability

To the maximum extent permitted by applicable laws, Kanak Capital Markets will not be liable for any consequential, incidental, direct or indirect damages (including but not limited to lost profits, trading losses or damages that result from use or loss of use of the Kanak Capital Markets website, products or services and third-party content, inconvenience or delay). This is true even if Kanak Capital Markets has been advised of the possibility of such damages or losses, except as otherwise required by applicable laws, Kanak Capital Markets will not be liable to you or anyone else (whether under contract, or not (including negligence) or otherwise) for any loss resulting from a cause over which Kanak Capital Markets does not have direct control, this includes failure of electronic or mechanical equipment or communications lines (including telephone, cable and internet), unauthorized access, viruses, theft, operator errors, severe or extraordinary weather (including flood, earthquake, or other act of god), fire, war, insurrection, terrorist act, riot, labour dispute and other labour problems, accident, emergency or action of government.

If you live in a state, country or jurisdiction that does not allow the limitation or exclusion of liability or incidental or consequential damages, some or all of these limitations and exclusions may not apply to you.

13.  Indemnification

You agree to defend, indemnify and hold harmless Kanak Capital Markets, its affiliates and their respective directors, officers, employees and agents for, from and against all liabilities, claims damages and expenses, including attorneys’ fees, arising out of or in connection with your use of the Kanak Capital Markets website or services provided by Kanak Capital Markets, or your violation of the Privacy Policy or terms and conditions or this Website Terms of Use. Any indemnified party may participate, at its own expense, in the defence of any matter subject to indemnification by you and you agree to cooperate with such party in the defence of such claim.

14.  Confidentiality

You acknowledge and agree that any instruction or communication transmitted to you or on your behalf via the Kanak Capital Markets website is made at your own risk. You consent to and authorize Kanak Capital Markets to rely and act on, and treat as fully authorized and binding upon you, any instruction given to Kanak Capital Markets that Kanak Capital Markets believes to have been given by you or on your behalf by any agent or intermediary whom Kanak Capital Markets believe in good faith to have been duly authorized by you. The Privacy Policy available on the Kanak Capital Markets website is applicable to all users and clients and are incorporated here as terms of use of Kanak Capital Markets website by reference. You acknowledge and agree that Kanak Capital Markets shall be entitled to rely upon your account number and/or password to identify you and agree you will not disclose this information to anyone not duly authorized by you.

15.  Termination

Kanak Capital Markets reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Kanak Capital Markets website at any time for any reason without prior notice. Kanak Capital Markets may change, suspend or discontinue all or any aspect of the Kanak Capital Markets website at any time, including the availability of any feature, database, information or content without prior notice. In the event of termination, you are no longer authorized to access the Kanak Capital Markets website and the restrictions imposed on you with respect to material downloaded from the Kanak Capital Markets website, the disclaimers and limitations of liability set forth in these terms and conditions shall survive. You may terminate the relationship with Kanak Capital Markets at any time by closing your account with Kanak Capital Markets.

16.  Governing Law

The governing law and jurisdiction of these terms is set out in the ‘Client Terms and Conditions’.

17.  Contact Information

If you have any questions or concerns about this policy, please contact us at info@kanakcapitalmarkets.com.

18.  Risk Disclaimer

Trading and investing in financial instruments such as securities, forex, stock markets, commodities, Contracts for Difference (CFDs), options and futures involves significant risk. These markets can be volatile, and the value of your investments may fluctuate, resulting in substantial losses, including losses exceeding your principal amount.

Leverage, particularly in CFDs, forex and futures, can magnify both potential gains and losses. There is a risk of losing more than your initial investment, and margin calls may require additional funds to maintain your positions.

You should carefully consider your financial situation, risk tolerance and investment objectives before engaging in trading activities. It is essential that you fully understand the risks involved in these complex financial instruments.

We recommend seeking independent financial advice before engaging in these activities. By participating, you acknowledge that you understand the risks involved and accept full responsibility for any losses incurred, which may exceed your principal amount.