Abusive Trading Clause Samples
The Abusive Trading clause is designed to prohibit and address manipulative or unfair trading practices within a contractual or regulated environment. It typically outlines specific behaviors considered abusive, such as market manipulation, insider trading, or excessive trading intended to disrupt normal market operations. By clearly defining and restricting such activities, this clause helps maintain market integrity and protects parties from the risks and damages associated with unethical trading conduct.
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Abusive Trading. If the Company reasonably suspects that the Client performed abusive trading such as, but not limited to, pip-hunting, scalping, arbitrage, manipulations or a combination of faster/slower feeds, it may, at its absolute discretion, at any time and without prior Written Notice, take one or more of the following actions:
a. Terminate this Agreement immediately without prior notice to the Client;
b. Cancel any Open Positions;
c. Temporarily or permanently bar access to the Trading Platform or suspend or prohibit any functions of the Trading Platform;
d. Reject or Decline or refuse to transmit or execute any Order of the Client;
e. Restrict the Client’s trading activity;
f. In the case of fraud, reverse the funds back to real owner or according to the instructions of the law enforcement authorities of the relevant country;
g. Cancel or reverse of profits gained through abusive trading or the application of artificial intelligence in the Client Account;
h. Take legal action for any losses suffered by the Company.
Abusive Trading. If the Company reasonably suspects that the Client performed abusive trading such as, but not limited to, pip-hunting, scalping, arbitrage, manipulations or a combination of faster/slower feeds, it may, at its absolute discretion, at any time and without prior Written Notice, take one or more of the following actions:
(a) Terminate this Agreement immediately without prior notice to the Client;
(b) Cancel any Open Positions;
(c) Temporarily or permanently bar access to the Trading Platform or suspend or prohibit any functions of the Trading Platform;
(d) Reject or Decline or refuse to transmit or execute any Order of the Client;
(e) Restrict the Client’s trading activity;
(f) In the case of fraud, reverse the funds back to real owner or according to the instructions of the law enforcement authorities of the relevant country;
(g) Cancel or reverse of profits gained through abusive trading or the application of artificial intelligence in the Client Account;
(h) Take legal action for any losses suffered by the Company.
Abusive Trading. The Client is not allowed to enter into any form of prohibited trading i.e. certain trading techniques commonly known as "arbitrage trading", "picking/ sniping" or the use of certain automated trading systems or “Expert Advisors”; and/or follow an abusive trading strategy i.e. any trading activity which is aiming towards potential riskless profit by opening opposite orders, during periods of volatile market conditions, during news announcements, on opening gaps (trading sessions starts), or on possible gaps where the underlying instrument has been suspended or restricted on a particular market, between same or different trading accounts. The Client agrees and acknowledges that if the Company considers that the Client has been acting in any of the manners described above; the Company may at its sole discretion and without prior notice to the Client, take one or more, or any portion of, the following actions.
Abusive Trading. If the Company reasonably suspects that the Private Investor performed abusive trading such as, but not limited to, pip-hunting, scalping, arbitrage, manipulations or a combination of faster/slower feeds, it may, at its absolute discretion, at any time and without prior Written Notice, take one or more of the following actions:
a) Terminate this Agreement immediately without prior notice to the Private Investor;
b) Cancel any Open Positions;
c) Temporarily or permanently bar access to the Trading Platform or suspend or prohibit any functions of the Trading Platform;
d) Reject or Decline or refuse to transmit or execute any Order of the Private Investor;
e) Restrict the Private Investor’s trading activity;
f) In the case of fraud, reverse the funds back to real owner or according to the instructions of the law enforcement authorities of the relevant country;
g) Cancel or reverse of profits gained through abusive trading or the application of artificial intelligence in the Private Investor Account;
h) Take legal action for any losses suffered by the Company. The Company will use reasonable efforts to execute an Order, but it is agreed and understood that despite the Company’s reasonable efforts transmission or execution may not always be achieved at all for reasons beyond the control of the Company.
Abusive Trading. 11.1 If the Company reasonably suspects that the Client performed abusive trading it may, at its absolute discretion, at any time and without prior Written Notice, take one or more of the following actions:
(a) Terminate this Agreement immediately without prior notice to the Client;
(b) Cancel any Open Positions;
(c) Temporarily or permanently bar access to the Trading Platform or suspend or prohibit any functions of the Trading Platform;
(d) Reject or Decline or refuse to transmit or execute any Order of the Client;
(e) Restrict the Client’s trading activity;
(f) In the case of fraud, reverse the funds back to real owner or according to the instructions of the law enforcement authorities of the relevant country;
(g) Cancel or reverse of profits gained through abusive trading in the Client Account;
(h) Take legal action for any losses suffered by the Company.
11.2 The Company reserves the right to adjust swap charges on equities or indices CFDs for any Client’s trading account and/or reverse any cumulative profits derived if it suspects that the particular Client is deliberately attempting to take advantage of any Corporate Actions (i.e. ex-dividend, share split etc) affecting the price movement of the underlying assets.
Abusive Trading. 8.19.1. If the Company reasonably suspects that the Client performed abusive trading such as, but not limited to, pip- hunting, scalping, arbitrage, manipulations or a combination of faster/slower feeds, it may, at its absolute discretion, at any time and without prior Written Notice, take one or more of the following actions:
a. Terminate this Agreement immediately without prior notice to the Client;
b. Cancel any Open Positions;
c. Temporarily or permanently bar access to the Trading Platform or suspend or prohibit any functions of the Trading Platform;
d. Reject or Decline or refuse to transmit or execute any Order of the Client;
e. Restrict the Client’s trading activity;
f. In the case of fraud, reverse the funds back to real owner or according to the instructions of the law enforcement authorities of the relevant country;
g. Cancel or reverse of profits gained through abusive trading or the application of artificial intelligence in the Client Account;
h. Take legal action for any losses suffered by the Company.
18.19.2. Clients understand that Corporate Actions inevitably affect the price movement of an underlying asset and accept that, for the purposes of this Agreement, deliberately taking advantage of Corporate Actions while trading with BDSwiss is a form of abusive trading which may trigger any of the actions listed under paragraph 8.19. Should abusive trading in the above form, or any intent to do so, be suspected, the Company may, in its sole and absolute discretion, (a) adjust or refuse to accept or close any open positions, (b) adjust swap charges on equities or indices CFDs for any Client’s trading account(s), (c) reverse and/or subtract, even retrospectively, any cumulative profits derived in such a way from a Client’s balance. Clients understand that they are solely responsible for checking any available information on Corporate Actions that may affect their positions and the Company has no obligation to proactively contact its Clients holding any such positions.
Abusive Trading. Company reserves the right to terminate this Agreement immediately without advance notice if Company, in its reasonable discretion, determines that any of Broker's customers are engaging in abusive trading activities (that is, programmed, large or frequent transfers) with respect to any portfolios of the Contracts or that Broker, is providing advice or assistance to any persons to engage in such abusive trading activities. Company reserves the right to reject any purchase orders submitted by any parties whom (or whose customers) Company determined to be engaging in abusive trading activity. In addition to the indemnification provided in Section G of this Agreement, and any other liability Broker may have, Broker will be liable to the Company and each portfolio affected by such abusive trading activity for any damages or losses, actual or consequential, sustained by them as a result of such abusive trading activity.
Abusive Trading. As a result of the highly automated nature of delivering streaming, tradable prices, price misquotations and technical issues are likely to occur from time to time. Should you execute trading strategies with the objective (in the Company’s opinion acting reasonably) of exploiting such misquotations or technical issues, or act in bad faith, Safecap shall consider it as abusive behavior. Should Safecap determine, at its sole discretion and in good faith, that you are taking advantage, benefiting, attempting to take advantage or to benefit from such misquotation or technical issues or that you are committing any other improper or abusive trading act such as for example:
1. fraud/illegal actions;
2. orders placed based on manipulated prices as a result of system errors or system malfunctions;
3. arbitrage trading, such as “Swap Arbitrage” “Latency Arbitrage” or “Bonus Arbitrage” on Prices offered by our platforms;
4. scalping trade or placing and closing orders or entering into positions for an arbitrarily short period of time;
5. arbitrage trading on prices offered by our platforms as a result of systems errors;
6. coordinated transactions by related parties in order to take advantage of systems errors and delays on systems updates;
7. entering into transactions or combinations of transactions (voluntarily and/or involuntarily) such as holding long and short positions in the same or similar instruments at similar times either by you or by you acting in concert with others, including (but not limited to) between accounts held with different entities, which, taken together or separately, are for the purpose of manipulating the trading platform for gain; or
8. abuse of Negative Balance protection by entering into hedged transactions between two accounts either held by you or by other clients of ours or of any other broker by utilizing fully your leverage engaging in essence in risk-free trading, Safecap will have the right to close any open positions subject to such abusive behavior as described above or cancel any Profit or Losses that were booked as a result of you using abusive strategies as described above. The Company reserves the right to take additional measures it deems necessary, depending on the circumstances and the severity of the abusive act, such as to:
1. restrict your access to streaming, instantly tradable quotes, including providing manual quotation only; introduce time delays of up to 2 seconds between your placing of the order and the order o...
Abusive Trading. If the Company reasonably suspects that the Client performed abusive trading such as, but not limited to, pip- hunting, scalping, arbitrage, manipulations or a combination of faster/slower feeds, it may, at its absolute discretion, at any time and without prior Written Notice, take one or more of the following actions:
Abusive Trading if the Company reasonably suspects that the Client performed abusive trading, it may in its absolute and sole discretion, at any time and without any prior written notice, take one or more of the following actions:
(a) terminate the Service Agreement and the Client Agreement;
(b) block the Client’s access to the Trading Platform and/or Trading Account;
(c) suspend, prohibit or restrict the Client’s trading activities or any other functions;
(d) cancel any open positions;
(e) reject, decline or refuse to transmit or execute a Client Order;
(f) reverse the funds back to their originating source or to the real beneficial owner;
(g) cancel or reverse the profits gained through abusive trading;
(h) take legal action to recover any losses suffered by the Company;
