CLIENT ACKNOWLEDGEMENTS. 11.1 You, the Client, acknowledge and confirm to Admiral for Admiral’s benefit in relying on the following: you (or, if a corporate entity, the directors who apply to be bound by these Account Terms) have read and understood all documentation provided to you by us including these Account Terms and any product disclosure statement (PDS) in relation to any Admiral Products which you request Admiral to make available to you in relation to your Account; you have received, read and understood the Account Terms; all dealings in Admiral Products and the performance by us of our obligations under these Account Terms are subject to Applicable Laws; at all times you will be able to make payments and fulfil all commitments on your part arising under these Account Terms and under the conditions applicable to dealings between you and Admiral; that trading in Transactions incurs a risk of loss as well as a potential for profit; we will not provide legal, tax, financial or accounting advice to you as part of the services that we provide to you in accordance with these Account Terms; by these Account Terms (including any Transaction made under it) we do not act in a fiduciary capacity in relation to you and Admiral does not owe any fiduciary obligations to you in respect of its services provided to you in connection with these Account Terms; Admiral may transfer from your other Account(s) held with Admiral (if any), whether carried or managed by Admiral, such funds as may be required to meet obligations as a result of Transactions between the Client and Admiral or to satisfy any amount owing by the Client under these Account Terms or otherwise and Admiral would not enter into these Account Terms but for this acknowledgement (and all of the other terms); Admiral will either deal by issuance of a contract or it will instruct third parties to deal on behalf of the Client, in the Admiral Products, as required by the Transaction; the Client will provide to Admiral on request such information regarding its financial and business affairs and identity, as Admiral may reasonably require; in agreeing to these Account Terms, the Client appoints Admiral as its agent for the purpose of dealing in Admiral Products in accordance with these Account Terms when necessary to implement your Order; that all Orders to be placed and all trading to be conducted under these Account Terms must be lawful; in executing and complying with these Account Terms, the Client will not infringe any provisions of any other document or agreement to which the Client is a party; the Client will take all reasonable steps to obtain and communicate to Admiral all information, and will deliver or cause to be delivered to Admiral all documents with respect to dealings in the Admiral Products which are requested by any person having the right to request such documents and information and the Client authorises Admiral to pass on or deliver all such information and documents to any such person; the Client will indemnify and keep indemnified Admiral and each of its related bodies corporate and their respective directors, officers employees and agents from and against all sums of money, actions, proceedings, suits, Claims, complaints, demands, damages, costs, expenses and any other amounts whatever claimed against any of them; Admiral is not required to act in accordance with your instructions if in Admiral’s opinion to do so would or could constitute a breach by it or its agent or counterparty of the Corporations Act or any other Applicable Law; dealings in the Transactions will create an obligation to make a cash payment in accordance with these Account Terms; Admiral acts as principal in respect of the Admiral Products issued by Admiral regardless of whether Admiral is acting on Client instructions or not; subject to applicable legal or regulatory requirements, you consent to Admiral either knowingly or unknowingly taking the opposite side to the Client in relation to any of the Admiral Products, without notice to the Client; subject to applicable legal or regulatory requirements, the Client agrees and acknowledges that Admiral’s directors, employees and associates (and their directors, employees) may and can deal on their own account in Transactions which may be the same as or differ from your Transactions; Admiral may, in its sole discretion and without explanation, refuse to deal with or on behalf of the Client in relation to any Transaction (including Closing Out existing open positions held in Admiral’s account on behalf of the Client) or to limit the number of open positions of or held on behalf of the Client or both; if errors have occurred in the pricing of Transactions quoted by Admiral to the Client, Admiral may choose not to be bound by such Transactions (without further liability to the Client) if Admiral is able to substantiate to the Client that there was a material error at the time of the Transaction; there are risks associated with using an internet-based deal execution trading system which include, but are not limited to, the failure of hardware, software, and internet connection and since Admiral does not control data flows, internet or power connection, routing via internet, configuration of your equipment or reliability of its connection, Admiral will not be responsible for communication failures, distortions or delays when trading (including processing payments)) via the internet; reports to the Client on the execution of Confirmations by Admiral, and the content of such Confirmations being statements, unless otherwise objected to within 48 hours after communication to the Client, will be deemed to be conclusive proof of the accuracy of such contents and their execution in accordance with these Account Terms except only in the case of manifest error; a notice issued by an authorised officer or agent of Admiral stating the amount of money due and payable by the Client will be taken as conclusive evidence of notice except only in the case of manifest error; each Admiral Product has a Leverage Rate which determines the minimum Margin cover which you must maintain for Transactions in that Admiral Product. Please see our PDS for the updated minimum margin requirements and leverage ratios in accordance with the ASIC Corporations (Product Intervention Order—Contracts for Difference) Instrument 2020/986; each Admiral Product is tailored by Contract Size; Admiral Products traded on a Trading Platform will not be settled by the physical or deliverable settlement of the Underlying Reference Instrument on their Value Date. The Admiral Products are rolled or “swapped” indefinitely until you decide to Close Out the Transaction. All representations, warranties and acknowledgments given by you under this these Account Terms are taken to have been made at the time you complete the Application Form and are taken to have been repeated by you: 1. each time you place an Order with us; 2. each time you enter into a Transaction with us, or we enter into a Transaction on your behalf; and (c) each time we do anything or refrain from doing something under these Account Terms or as contemplated by these Account Terms in connection with your Account or any Transaction. You will be deemed a retail client by Admiral. However, we reserve the right to assess your wholesale client or retail client status from time to time. If you satisfy the criteria to be classified as a wholesale client, we may classify you as such. We are under no obligation to inform you if we classify you as a wholesale client but may notify you as a courtesy.
Appears in 3 contracts
Samples: Account Terms, Account Terms, Account Terms
CLIENT ACKNOWLEDGEMENTS. 11.1 4.1. You, the Client, acknowledge and confirm to Admiral us for Admiral’s our benefit in relying on the following: :
a) you (or, if a corporate entity, the directors who apply to be bound by these Account Termsyour directors) have read and understood all documentation docu- mentation provided to you by us including these Account Terms this Agreement and any product other disclosure statement (PDS) documents in relation to any Admiral Financial Products which you request Admiral FinPros to make available to you in relation to your Account; ;
b) you have received, read and understood the Account Terms; agree to be bound by this Agreement;
c) all dealings in Admiral Financial Products and the performance by us of our obligations under these Account Terms un- der this Agreement are subject to the Applicable Laws; , Rules and/or Regulations;
d) FinPros relies on your representation that at all times you will be able to make payments pay- ments and fulfil all commitments on your part arising under these Account Terms this Agreement and under the conditions applicable to dealings between you and Admiral; FinPros;
e) that trading in Transactions incurs a risk of loss as well as a potential for profit; we will not provide legal, tax, financial or accounting advice to you as part of the services ;
f) that we provide to you in accordance with these Account Terms; by these Account Terms (including any Transaction made under it) we do not act in a fiduciary capacity in relation to you and Admiral does not owe any fiduciary obligations to you in respect of its services provided to you in connection with these Account Terms; Admiral may transfer from your other Account(s) held with Admiral (if any), whether carried or managed by Admiral, such funds as may be required to meet obligations as a result of Transactions between the Client and Admiral or to satisfy any amount owing by the Client under these Account Terms or otherwise and Admiral would not enter into these Account Terms but for this acknowledgement (and all of the other terms); Admiral will either deal by issuance of a contract or it will instruct third parties to deal on behalf of the Client, dealing in the Admiral ProductsContracts is highly speculative and you may lose more than your Initial Margin, as required by the Transaction; the Client will provide Variation Margin and other payments you make to Admiral on request such information regarding its financial us;
g) it is your obligation to continuously monitor your Account and business affairs and identity, as Admiral may reasonably require; in agreeing to these Account Terms, the Client appoints Admiral as its agent for the purpose of dealing in Admiral Products in accordance with these Account Terms when necessary to implement your Order; ensure that all Orders to be placed and all trading to be conducted under these Account Terms must be lawful; in executing and complying with these Account Terms, the Client will not infringe any provisions of any other document or agreement to which the Client is a party; the Client will take all reasonable steps to obtain and communicate to Admiral all information, and will deliver or cause to be delivered to Admiral all documents with respect to dealings in the Admiral Products which are requested by any person having the right to request such documents and information and the Client authorises Admiral to pass on or deliver all such information and documents to any such person; the Client it con- xxxxxxx has sufficient Margin Cover;
h) you will indemnify and keep indemnified Admiral us and each of its related bodies corporate corpo- rate and their respective directors, officers officers, employees and agents from and against all sums of money, actions, proceedings, suits, Claims, complaints, Loss, demands, damages, costs, expenses and any other amounts whatever claimed against any of them; Admiral ;
i) FinPros is not required to act in accordance with your instructions if in Admiral’s our opinion to do so would or could constitute a breach by it us or its our agent or counterparty of the Corporations Act hedge counter- party or any other Applicable Law; dealings in the Transactions will create an obligation to make a cash payment in accordance with these Account Terms; Admiral acts as principal in respect of the Admiral Products issued by Admiral regardless of whether Admiral is acting on Client instructions or not; subject to applicable legal or regulatory requirementsLaws, you consent to Admiral either knowingly or unknowingly taking the opposite side to the Client in relation to any of the Admiral Products, without notice to the Client; subject to applicable legal or regulatory requirements, the Client agrees and acknowledges that Admiral’s directors, employees and associates (and their directors, employeesRules and/or Regulations;
j) may and can deal on their own account in Transactions which may be the same as or differ from your Transactions; Admiral may, in its sole discretion and without explanation, refuse to deal with or on behalf of the Client in relation to any Transaction (including Closing Out existing open positions held in Admiral’s account on behalf of the Client) or to limit the number of open positions of or held on behalf of the Client or both; if errors have occurred in the pricing of Transactions quoted by Admiral us to the Client, Admiral we may choose not to be bound by such Transactions (without further liability to the Client) if Admiral is able to substantiate to the Client we believe that there was a material error Manifest Error at the time of the Transaction; there are risks associated with using an internet-based deal execution trading system which include, but are not limited to, the failure of hardware, software, and internet connection and since Admiral does not control data flows, internet or power connection, routing via internet, configuration of your equipment or reliability of its connection, Admiral will not be responsible for communication failures, distortions or delays when trading (including processing payments);
k) via the internet; reports to the Client on the execution of Confirmations by Admiral, and the content of such Confirmations being statements, unless otherwise objected to within 48 hours after communication to the Client, will be deemed to be conclusive proof of the accuracy of such contents and their execution in accordance with these Account Terms except only in the case of manifest error; a notice issued by an authorised officer or agent of Admiral stating the amount of money due and payable by the Client will be taken as conclusive evidence of notice except only in the case of manifest error; each Admiral Product has a Leverage Rate which determines the minimum Margin cover which you must maintain for Transactions in that Admiral Product. Please see our PDS for the updated minimum margin requirements and leverage ratios in accordance with the ASIC Corporations (Product Intervention Order—Contracts for Difference) Instrument 2020/986; each Admiral Product is tailored by Contract Size; Admiral Financial Products traded on a the Electronic Trading Platform Service will not be settled by the physical or deliverable settlement of the Underlying Reference Instrument Instrument. Depending on their Value Date. The Admiral Products the Financial Product, they are generally rolled or “swapped” indefinitely until Closed Out; - electronic trading service
l) an Open Position must remain open for the minimum period of time as determined by us and cannot be Closed Out by you decide during this period;
m) the English version of this Agreement prevails over any other translated version of this Agreement; and
n) You agree with the deposit and withdrawal terms set out in our ‘Deposits and With- drawals Policy’.
4.2. You acknowledge and authorize us to Close Out record any or all incoming and outgoing phone calls with you without making a disclosure to you, every time you speak with a representa- tive of FinPros. These calls may be recorded with or without an audible tone. You agree that we may use such recordings for the purposes of monitoring and training its staff, monitoring compliance with you and our respective regulatory and contractual obliga- tions and resolving disputes. If there is a dispute between you, and us you have the right to listen to any recording of those conversations (if still available). Nothing in this Agree- ment obliges us to keep a recording or to notify you that we have eliminated a recording.
4.3. Recordings may be used to assess the performance of or to train our representatives, monitoring compliance with our respective regulatory and contractual obligations and resolving disputes.
4.4. You agree to examine the terms of each Confirmation immediately upon receipt and you agree that the contents of a Confirmation, in the absence of Manifest Error, will be con- clusive evidence of the executed Transaction, unless within forty-eight (48) hours of issue of a written Confirmation you notify us of any disputed detail in the Confirmation received by you.
4.5. Complaints (which do not include disputed details) must be referred to us in accordance with our policies and procedures from time to time for dispute resolution. Unresolved complaints can be referred to the Financial Services Authority of Seychelles (FSA) at PO Box 000, Xxxx xx Xxxx Xxxxxx, Xxxxx Xxxxxx, Xxxxxxxx, Xxxx, Xxxxxxxx of Seychelles.
4.6. All representations, warranties and acknowledgments given by you under this these Account Terms Agreement are taken to have been made at the time you complete the Application Form and are taken to have been repeated by you:
1. a) each time you place an Order with us;
2. b) each time you enter into a Transaction with us, or we enter into a Transaction on your behalf; and (and
c) each time we do anything or refrain from doing something under these Account Terms this Agreement or as contemplated by these Account Terms this Agreement in connection with your Account or any Transaction. You will be deemed a retail client by Admiral. However, we reserve the right to assess your wholesale client or retail client status from time to time. If you satisfy the criteria to be classified as a wholesale client, we may classify you as such. We are under no obligation to inform you if we classify you as a wholesale client but may notify you as a courtesy.
Appears in 3 contracts
Samples: Client Agreement, Client Agreement, Client Agreement
CLIENT ACKNOWLEDGEMENTS. 11.1 You, the Client, acknowledge and confirm to Admiral for Admiral’s benefit in relying on the following: you (or, if a corporate entity, the directors who apply to be bound by these Account Terms) have read and understood all documentation provided to you by us including these Account Terms and any product disclosure statement (PDS) in relation to any Admiral Products which you request Admiral to make available to you in relation to your Account; you have received, read and understood the Account Terms; all dealings in Admiral Products and the performance by us of our obligations under these Account Terms are subject to Applicable Laws; at all times you will be able to make payments and fulfil all commitments on your part arising under these Account Terms and under the conditions applicable to dealings between you and Admiral; that trading in Transactions incurs a risk of loss as well as a potential for profit; we will not provide legal, tax, financial or accounting advice to you as part of the services that we provide to you in accordance with these Account Terms; by these Account Terms (including any Transaction made under it) we do not act in a fiduciary capacity in relation to you and Admiral does not owe any fiduciary obligations to you in respect of its services provided to you in connection with these Account Terms; Admiral may transfer from your other Account(s) held with Admiral (if any), whether carried or managed by Admiral, such funds as may be required to meet obligations as a result of Transactions between the Client and Admiral or to satisfy any amount owing by the Client under these Account Terms or otherwise and Admiral would not enter into these Account Terms but for this acknowledgement (and all of the other terms); Admiral will either deal by issuance of a contract or it will instruct third parties to deal on behalf of the Client, in the Admiral Products, as required by the Transaction; the Client will provide to Admiral on request such information regarding its financial and business affairs and identity, as Admiral may reasonably require; in agreeing to these Account Terms, the Client appoints Admiral as its agent for the purpose of dealing in Admiral Products in accordance with these Account Terms when necessary to implement your Order; that all Orders to be placed and all trading to be conducted under these Account Terms must be lawful; in executing and complying with these Account Terms, the Client will not infringe any provisions of any other document or agreement to which the Client is a party; the Client will take all reasonable steps to obtain and communicate to Admiral all information, and will deliver or cause to be delivered to Admiral all documents with respect to dealings in the Admiral Products which are requested by any person having the right to request such documents and information and the Client authorises Admiral to pass on or deliver all such information and documents to any such person; the Client will indemnify and keep indemnified Admiral and each of its related bodies corporate and their respective directors, officers employees and agents from and against all sums of money, actions, proceedings, suits, Claims, complaints, demands, damages, costs, expenses and any other amounts whatever claimed against any of them; Admiral is not required to act in accordance with your instructions if in Admiral’s opinion to do so would or could constitute a breach by it or its agent or counterparty of the Corporations Act or any other Applicable Law; dealings in the Transactions will create an obligation to make a cash payment in accordance with these Account Terms; Admiral acts as principal in respect of the Admiral Products issued by Admiral regardless of whether Admiral is acting on Client instructions or not; subject to applicable legal or regulatory requirements, you consent to Admiral either knowingly or unknowingly taking the opposite side to the Client in relation to any of the Admiral Products, without notice to the Client; subject to applicable legal or regulatory requirements, the Client agrees and acknowledges that Admiral’s directors, employees and associates (and their directors, employees) may and can deal on their own account in Transactions which may be the same as or differ from your Transactions; Admiral mayxxx, in its sole discretion and without explanation, refuse to deal with or on behalf of the Client in relation to any Transaction (including Closing Out existing open positions held in Admiral’s account on behalf of the Client) or to limit the number of open positions of or held on behalf of the Client or both; if errors have occurred in the pricing of Transactions quoted by Admiral to the Client, Admiral may choose not to be bound by such Transactions (without further liability to the Client) if Admiral is able to substantiate to the Client that there was a material error at the time of the Transaction; there are risks associated with using an internet-based deal execution trading system which include, but are not limited to, the failure of hardware, software, and internet connection and since Admiral does not control data flows, internet or power connection, routing via internet, configuration of your equipment or reliability of its connection, Admiral will not be responsible for communication failures, distortions or delays when trading (including processing payments)) via the internet; reports to the Client on the execution of Confirmations by Admiral, and the content of such Confirmations being statements, unless otherwise objected to within 48 hours after communication to the Client, will be deemed to be conclusive proof of the accuracy of such contents and their execution in accordance with these Account Terms except only in the case of manifest error; a notice issued by an authorised officer or agent of Admiral stating the amount of money due and payable by the Client will be taken as conclusive evidence of notice except only in the case of manifest error; each Admiral Product has a Leverage Rate which determines the minimum Margin cover which you must maintain for Transactions in that Admiral Product. Please see our PDS for the updated minimum margin requirements and leverage ratios in accordance with the ASIC Corporations (Product Intervention Order—Contracts for Difference) Instrument 2020/986; each Admiral Product is tailored by Contract Size; Admiral Products traded on a Trading Platform will not be settled by the physical or deliverable settlement of the Underlying Reference Instrument on their Value Date. The Admiral Products are rolled or “swapped” indefinitely until you decide to Close Out the Transaction. All representations, warranties and acknowledgments given by you under this these Account Terms are taken to have been made at the time you complete the Application Form and are taken to have been repeated by you:
1. each time you place an Order with us;
2. each time you enter into a Transaction with us, or we enter into a Transaction on your behalf; and (c) each time we do anything or refrain from doing something under these Account Terms or as contemplated by these Account Terms in connection with your Account or any Transaction. You will be deemed a retail client by Admiral. However, we reserve the right to assess your wholesale client or retail client status from time to time. If you satisfy the criteria to be classified as a wholesale client, we may classify you as such. We are under no obligation to inform you if we classify you as a wholesale client but may notify you as a courtesy.
Appears in 3 contracts
Samples: Account Terms, Account Terms, Account Terms
CLIENT ACKNOWLEDGEMENTS. 11.1 You, the Client, acknowledge and confirm to Admiral for Admiral’s benefit in relying on the following: you (or, if a corporate entity, the directors who apply to be bound by these Account Terms) have read and understood all documentation provided to you by us including these Account Terms and any product disclosure statement (PDS) in relation to any Admiral Products which you request Admiral to make available to you in relation to your Account; you have received, read and understood the Account Terms; all dealings in Admiral Products and the performance by us of our obligations under these Account Terms are subject to Applicable Laws; at all times you will be able to make payments and fulfil all commitments on your part arising under these Account Terms and under the conditions applicable to dealings between you and Admiral; that trading in Transactions incurs a risk of loss as well as a potential for profit; we will not provide legal, tax, financial or accounting advice to you as part of the services that we provide to you in accordance with these Account Terms; by these Account Terms (including any Transaction made under it) we do not act in a fiduciary capacity in relation to you and Admiral does not owe any fiduciary obligations to you in respect of its services provided to you in connection with these Account Terms; Admiral may transfer from your other Account(s) held with Admiral (if any), whether carried or managed by Admiral, such funds as may be required to meet obligations as a result of Transactions between the Client and Admiral or to satisfy any amount owing by the Client under these Account Terms or otherwise and Admiral would not enter into these Account Terms but for this acknowledgement (and all of the other terms); Admiral will either deal by issuance of a contract or it will instruct third parties to deal on behalf of the Client, in the Admiral Products, as required by the Transaction; the Client will provide to Admiral on request such information regarding its financial and business affairs and identity, as Admiral may reasonably require; in agreeing to these Account Terms, the Client appoints Admiral as its agent for the purpose of dealing in Admiral Products in accordance with these Account Terms when necessary to implement your Order; that all Orders to be placed and all trading to be conducted under these Account Terms must be lawful; in executing and complying with these Account Terms, the Client will not infringe any provisions of any other document or agreement to which the Client is a party; the Client will take all reasonable steps to obtain and communicate to Admiral all information, and will deliver or cause to be delivered to Admiral all documents with respect to dealings in the Admiral Products which are requested by any person having the right to request such documents and information and the Client authorises Admiral to pass on or deliver all such information and documents to any such person; the Client will indemnify and keep indemnified Admiral and each of its related bodies corporate and their respective directors, officers employees and agents from and against all sums of money, actions, proceedings, suits, Claims, complaints, demands, damages, costs, expenses and any other amounts whatever claimed against any of them; Admiral is not required to act in accordance with your instructions if in Admiral’s opinion to do so would or could constitute a breach by it or its agent or counterparty of the Corporations Act or any other Applicable Law; dealings in the Transactions will create an obligation to make a cash payment in accordance with these Account Terms; Admiral acts as principal in respect of the Admiral Products issued by Admiral regardless of whether Admiral is acting on Client instructions or not; subject to applicable legal or regulatory requirements, you consent to Admiral either knowingly or unknowingly taking the opposite side to the Client in relation to any of the Admiral Products, without notice to the Client; subject to applicable legal or regulatory requirements, the Client agrees and acknowledges that Admiral’s directors, employees and associates (and their directors, employees) may and can deal on their own account in Transactions which may be the same as or differ from your Transactions; Admiral may, in its sole discretion and without explanation, refuse to deal with or on behalf of the Client in relation to any Transaction (including Closing Out existing open positions held in Admiral’s account on behalf of the Client) or to limit the number of open positions of or held on behalf of the Client or both; if errors have occurred in the pricing of Transactions quoted by Admiral to the Client, Admiral may choose not to be bound by such Transactions (without further liability to the Client) if Admiral is able to substantiate to the Client that there was a material error at the time of the Transaction; there are risks associated with using an internet-based deal execution trading system which include, but are not limited to, the failure of hardware, software, and internet connection and since Admiral does not control data flows, internet or power connection, routing via internet, configuration of your equipment or reliability of its connection, Admiral will not be responsible for communication failures, distortions or delays when trading (including processing payments)) via the internet; reports to the Client on the execution of Confirmations by Admiral, and the content of such Confirmations being statements, unless otherwise objected to within 48 hours after communication to the Client, will be deemed to be conclusive proof of the accuracy of such contents and their execution in accordance with these Account Terms except only in the case of manifest error; a notice issued by an authorised officer or agent of Admiral stating the amount of money due and payable by the Client will be taken as conclusive evidence of notice except only in the case of manifest error; each Admiral Product has a Leverage Rate which determines the minimum Margin cover which you must maintain for Transactions in that Admiral Product. Please see our PDS for the updated minimum margin requirements and leverage ratios in accordance with the ASIC Corporations (Product Intervention Order—Contracts for Difference) Instrument 2020/986; each Admiral Product is tailored by Contract Size; Admiral Products traded on a Trading Platform will not be settled by the physical or deliverable settlement of the Underlying Reference Instrument on their Value Date. The Admiral Products are rolled or “swapped” indefinitely until you decide to Close Out the Transaction. All representations, warranties and acknowledgments given by you under this these Account Terms are taken to have been made at the time you complete the Application Form and are taken to have been repeated by you:
1. each time you place an Order with us;
2. each time you enter into a Transaction with us, or we enter into a Transaction on your behalf; and (c) each time we do anything or refrain from doing something under these Account Terms or as contemplated by these Account Terms in connection with your Account or any Transaction. You will be deemed a retail client by Admiral. However, we reserve the right to assess your wholesale client or retail client status from time to time. If you satisfy the criteria to be classified as a wholesale client, we may classify you as such. We are under no obligation to inform you if we classify you as a wholesale client but may notify you as a courtesy.
Appears in 2 contracts
Samples: Account Terms, Account Terms
CLIENT ACKNOWLEDGEMENTS. 11.1 4.1. You, the Client, acknowledge and confirm to Admiral us for Admiral’s our benefit in relying on the following: :
a) you (or, if a corporate entity, the directors who apply to be bound by these Account Termsyour directors) have read and understood all documentation docu- mentation provided to you by us including these Account Terms this Agreement and any product other disclosure statement (PDS) documents in relation to any Admiral Financial Products which you request Admiral FinPros to make available to you in relation to your Account; ;
b) you have received, read and understood the Account Terms; agree to be bound by this Agreement;
c) all dealings in Admiral Financial Products and the performance by us of our obligations under these Account Terms un- der this Agreement are subject to the Applicable Laws; , Rules and/or Regulations;
d) FinPros relies on your representation that at all times you will be able to make payments pay- ments and fulfil all commitments on your part arising under these Account Terms this Agreement and under the conditions applicable to dealings between you and Admiral; FinPros;
e) that trading in Transactions incurs a risk of loss as well as a potential for profit; we will not provide legal, tax, financial or accounting advice to you as part of the services ;
f) that we provide to you in accordance with these Account Terms; by these Account Terms (including any Transaction made under it) we do not act in a fiduciary capacity in relation to you and Admiral does not owe any fiduciary obligations to you in respect of its services provided to you in connection with these Account Terms; Admiral may transfer from your other Account(s) held with Admiral (if any), whether carried or managed by Admiral, such funds as may be required to meet obligations as a result of Transactions between the Client and Admiral or to satisfy any amount owing by the Client under these Account Terms or otherwise and Admiral would not enter into these Account Terms but for this acknowledgement (and all of the other terms); Admiral will either deal by issuance of a contract or it will instruct third parties to deal on behalf of the Client, dealing in the Admiral ProductsContracts is highly speculative and you may lose more than your Initial Margin, as required by the Transaction; the Client will provide Variation Margin and other payments you make to Admiral on request such information regarding its financial us;
g) it is your obligation to continuously monitor your Account and business affairs and identity, as Admiral may reasonably require; in agreeing to these Account Terms, the Client appoints Admiral as its agent for the purpose of dealing in Admiral Products in accordance with these Account Terms when necessary to implement your Order; ensure that all Orders to be placed and all trading to be conducted under these Account Terms must be lawful; in executing and complying with these Account Terms, the Client will not infringe any provisions of any other document or agreement to which the Client is a party; the Client will take all reasonable steps to obtain and communicate to Admiral all information, and will deliver or cause to be delivered to Admiral all documents with respect to dealings in the Admiral Products which are requested by any person having the right to request such documents and information and the Client authorises Admiral to pass on or deliver all such information and documents to any such person; the Client it con- xxxxxxx has sufficient Margin Cover;
h) you will indemnify and keep indemnified Admiral us and each of its related bodies corporate corpo- rate and their respective directors, officers officers, employees and agents from and against all sums of money, actions, proceedings, suits, Claims, complaints, Loss, demands, damages, costs, expenses and any other amounts whatever claimed against any of them; Admiral ;
i) FinPros is not required to act in accordance with your instructions if in Admiral’s our opinion to do so would or could constitute a breach by it us or its our agent or counterparty of the Corporations Act hedge counter- party or any other Applicable Law; dealings in the Transactions will create an obligation to make a cash payment in accordance with these Account Terms; Admiral acts as principal in respect of the Admiral Products issued by Admiral regardless of whether Admiral is acting on Client instructions or not; subject to applicable legal or regulatory requirementsLaws, you consent to Admiral either knowingly or unknowingly taking the opposite side to the Client in relation to any of the Admiral Products, without notice to the Client; subject to applicable legal or regulatory requirements, the Client agrees and acknowledges that Admiral’s directors, employees and associates (and their directors, employeesRules and/or Regulations;
j) may and can deal on their own account in Transactions which may be the same as or differ from your Transactions; Admiral may, in its sole discretion and without explanation, refuse to deal with or on behalf of the Client in relation to any Transaction (including Closing Out existing open positions held in Admiral’s account on behalf of the Client) or to limit the number of open positions of or held on behalf of the Client or both; if errors have occurred in the pricing of Transactions quoted by Admiral us to the Client, Admiral we may choose not to be bound by such Transactions (without further liability to the Client) if Admiral is able to substantiate to the Client we believe that there was a material error Manifest Error at the time of the Transaction; there are risks associated with using an internet-based deal execution trading system which include, but are not limited to, the failure of hardware, software, and internet connection and since Admiral does not control data flows, internet or power connection, routing via internet, configuration of your equipment or reliability of its connection, Admiral will not be responsible for communication failures, distortions or delays when trading (including processing payments);
k) via the internet; reports to the Client on the execution of Confirmations by Admiral, and the content of such Confirmations being statements, unless otherwise objected to within 48 hours after communication to the Client, will be deemed to be conclusive proof of the accuracy of such contents and their execution in accordance with these Account Terms except only in the case of manifest error; a notice issued by an authorised officer or agent of Admiral stating the amount of money due and payable by the Client will be taken as conclusive evidence of notice except only in the case of manifest error; each Admiral Product has a Leverage Rate which determines the minimum Margin cover which you must maintain for Transactions in that Admiral Product. Please see our PDS for the updated minimum margin requirements and leverage ratios in accordance with the ASIC Corporations (Product Intervention Order—Contracts for Difference) Instrument 2020/986; each Admiral Product is tailored by Contract Size; Admiral Financial Products traded on a the Electronic Trading Platform Service will not be settled by the physical or deliverable settlement of the Underlying Reference Instrument Instrument. Depending on their Value Date. The Admiral Products the Financial Product, they are generally rolled or “swapped” indefinitely until Closed Out; - electronic trading service
l) an Open Position must remain open for the minimum period of time as determined by us and cannot be Closed Out by you decide during this period;
m) the English version of this Agreement prevails over any other translated version of this Agreement; and
n) You agree with the deposit and withdrawal terms set out in our ‘Deposits and With- drawals Policy’.
4.2. You acknowledge and authorize us to Close Out record any or all incoming and outgoing phone calls with you without making a disclosure to you, every time you speak with a representa- tive of FinPros. These calls may be recorded with or without an audible tone. You agree that we may use such recordings for the purposes of monitoring and training its staff, monitoring compliance with you and our respective regulatory and contractual obliga- tions and resolving disputes. If there is a dispute between you, and us you have the right to listen to any recording of those conversations (if still available). Nothing in this Agree- ment obliges us to keep a recording or to notify you that we have eliminated a recording.
4.3. Recordings may be used to assess the performance of or to train our representatives, monitoring compliance with our respective regulatory and contractual obligations and resolving disputes.
4.4. You agree to examine the terms of each Confirmation immediately upon receipt and you agree that the contents of a Confirmation, in the absence of Manifest Error, will be con- clusive evidence of the executed Transaction, unless within forty-eight (48) hours of issue of a written Confirmation you notify us of any disputed detail in the Confirmation received by you.
4.5. Complaints (which do not include disputed details) must be referred to us in accordance with our policies and procedures from time to time for dispute resolution. Unresolved complaints can be referred to the Financial Services Authority of Seychelles (FSA) at XX Xxx 000, Xxxx xx Xxxx Xxxxxx, Xxxxx Xxxxxx, Xxxxxxxx, Xxxx, Xxxxxxxx of Seychelles.
4.6. All representations, warranties and acknowledgments given by you under this these Account Terms Agreement are taken to have been made at the time you complete the Application Form and are taken to have been repeated by you:
1. a) each time you place an Order with us;
2. b) each time you enter into a Transaction with us, or we enter into a Transaction on your behalf; and (and
c) each time we do anything or refrain from doing something under these Account Terms this Agreement or as contemplated by these Account Terms this Agreement in connection with your Account or any Transaction. You will be deemed a retail client by Admiral. However, we reserve the right to assess your wholesale client or retail client status from time to time. If you satisfy the criteria to be classified as a wholesale client, we may classify you as such. We are under no obligation to inform you if we classify you as a wholesale client but may notify you as a courtesy.
Appears in 1 contract
Samples: Client Agreement
CLIENT ACKNOWLEDGEMENTS. 11.1 12.1 You, the Client, acknowledge and confirm to Admiral for Admiral’s benefit in relying on the following: you (or, if a corporate entity, the directors who apply to be bound by these Account Terms) have read and understood all documentation provided to you by us including these Account Terms and Terms, any product disclosure statement (PDS) and Admiral’s TMD in relation to any Admiral Products which you request Admiral to make available to you in relation to your Account; you have received, read and understood the Account Terms; all dealings in Admiral Products and the performance by us of our obligations under these Account Terms are subject to Applicable Laws; at all times you will be able to make payments and fulfil all commitments on your part arising under these Account Terms and under the conditions applicable to dealings between you and Admiral; that trading in Transactions incurs a risk of loss as well as a potential for profit; we will not provide legal, tax, financial or accounting advice to you as part of the services that we provide to you in accordance with these Account Terms; by these Account Terms (including any Transaction made under it) we do not act in a fiduciary capacity in relation to you and Admiral does not owe any fiduciary obligations to you in respect of its services provided to you in connection with these Account Terms; Admiral may transfer from your other Account(s) held with Admiral (if any), whether carried or managed by Admiral, such funds as may be required to meet obligations as a result of Transactions between the Client and Admiral or to satisfy any amount owing by the Client under these Account Terms or otherwise and Admiral would not enter into these Account Terms but for this acknowledgement (and all of the other terms); Admiral will either deal by issuance of a contract or it will instruct third parties to deal on behalf of the Client, in the Admiral Products, as required by the Transaction; the Client will provide to Admiral on request such information regarding its financial and business affairs and identity, as Admiral may reasonably require; in agreeing to these Account Terms, the Client appoints Admiral as its agent for the purpose of dealing in Admiral Products in accordance with these Account Terms when necessary to implement your Order; that all Orders to be placed and all trading to be conducted under these Account Terms must be lawful; in executing and complying with these Account Terms, the Client will not infringe any provisions of any other document or agreement to which the Client is a party; the Client will take all reasonable steps to obtain and communicate to Admiral all information, and will deliver or cause to be delivered to Admiral all documents with respect to dealings in the Admiral Products which are requested by any person having the right to request such documents and information and the Client authorises Admiral to pass on or deliver all such information and documents to any such person; the Client will indemnify and keep indemnified Admiral and each of its related bodies corporate and their respective directors, officers employees and agents from and against all sums of money, actions, proceedings, suits, Claims, complaints, demands, damages, costs, expenses and any other amounts whatever claimed against any of them; Admiral is not required to act in accordance with your instructions if in Admiral’s opinion to do so would or could constitute a breach by it or its agent or counterparty of the Corporations Act or any other Applicable Law; dealings in the Transactions will create an obligation to make a cash payment in accordance with these Account Terms; Admiral acts as principal in respect of the Admiral Products issued by Admiral regardless of whether Admiral is acting on Client instructions or not; subject to applicable legal or regulatory requirements, you consent to Admiral either knowingly or unknowingly taking the opposite side to the Client in relation to any of the Admiral Products, without notice to the Client; subject to applicable legal or regulatory requirements, the Client agrees and acknowledges that Admiral’s directors, employees and associates (and their directors, employees) may and can deal on their own account in Transactions which may be the same as or differ from your Transactions; Admiral mayxxx, in its sole discretion and without explanation, refuse to deal with or on behalf of the Client in relation to any Transaction (including Closing Out existing open positions held in Admiral’s account on behalf of the Client) or to limit the number of open positions of or held on behalf of the Client or both; if errors have occurred in the pricing of Transactions quoted by Admiral to the Client, Admiral may choose not to be bound by such Transactions (without further liability to the Client) if Admiral is able to substantiate to the Client that there was a material error at the time of the Transaction; there are risks associated with using an internet-based deal execution trading system which include, but are not limited to, the failure of hardware, software, and internet connection and since Admiral does not control data flows, internet or power connection, routing via internet, configuration of your equipment or reliability of its connection, Admiral will not be responsible for communication failures, distortions or delays when trading (including processing payments)) via the internet; reports to the Client on the execution of Confirmations by Admiral, and the content of such Confirmations being statements, unless otherwise objected to within 48 hours after communication to the Client, will be deemed to be conclusive proof of the accuracy of such contents and their execution in accordance with these Account Terms except only in the case of manifest error; a notice issued by an authorised officer or agent of Admiral stating the amount of money due and payable by the Client will be taken as conclusive evidence of notice except only in the case of manifest error; each Admiral Product has a Leverage Rate which determines the minimum Margin cover which you must maintain for Transactions in that Admiral Product. Please see our PDS for the updated minimum margin requirements and leverage ratios in accordance with the ASIC Corporations (Product Intervention Order—Contracts for Difference) Instrument 2020/986; each Admiral Product is tailored by Contract Size; Admiral Products traded on a Trading Platform will not be settled by the physical or deliverable settlement of the Underlying Reference Instrument on their Value Date. The Admiral Products are rolled or “swapped” indefinitely until you decide to Close Out the Transaction. All representations, warranties and acknowledgments given by you under this these Account Terms are taken to have been made at the time you complete the Application Form and are taken to have been repeated by you:
1. each time you place an Order with us;
2. each time you enter into a Transaction with us, or we enter into a Transaction on your behalf; and (c) each time we do anything or refrain from doing something under these Account Terms or as contemplated by these Account Terms in connection with your Account or any Transaction. You will be deemed a retail client by Admiral. However, we reserve the right to assess your wholesale client or retail client status from time to time. If you satisfy the criteria to be classified as a wholesale client, we may classify you as such. We are under no obligation to inform you if we classify you as a wholesale client but may notify you as a courtesy.
Appears in 1 contract
Samples: Account Terms
CLIENT ACKNOWLEDGEMENTS. 11.1 You, the Client, acknowledge and confirm The Client acknowledges to Admiral for Admiral’s benefit in relying on the following: you (or, if a corporate entity, the directors who apply to be bound by these Account TermsFANBERRY that:
a) have read and understood all documentation provided to you by us including these Account Terms and any product disclosure statement (PDS) in relation to any Admiral Products which you request Admiral to make available to you in relation to your Account; you have received, read and understood the Account Terms; all dealings in Admiral Products and the performance by us of our obligations under these Account Terms are subject to Applicable Laws; at all times you FANBERRY will be able to make payments and fulfil all commitments on your part arising under these Account Terms and under the conditions applicable to dealings between you and Admiral; that trading in Transactions incurs a risk of loss as well as a potential for profit; we will not provide legal, tax, financial deal or accounting advice to you as part of the services that we provide to you in accordance with these Account Terms; by these Account Terms (including any Transaction made under it) we do not act in a fiduciary capacity in relation to you and Admiral does not owe any fiduciary obligations to you in respect of its services provided to you in connection with these Account Terms; Admiral may transfer from your other Account(s) held with Admiral (if any), whether carried or managed by Admiral, such funds as may be required to meet obligations as a result of Transactions between the Client and Admiral or to satisfy any amount owing by the Client under these Account Terms or otherwise and Admiral would not enter into these Account Terms but for this acknowledgement (and all of the other terms); Admiral will either deal by issuance of a contract or it will instruct third parties parties, including Product Providers, to deal on behalf of the Client, in the Admiral Products, as required financial products at FANBERRY’s absolute discretion and without further reference to or approval by the Transaction; Client;
b) Where the Client will provide chooses to Admiral on request such information regarding its financial and business affairs and identity, as Admiral may reasonably require; in agreeing instruct FANBERRY to these Account Termseffect additional transactions at the Client’s discretion, the Client appoints Admiral as its agent for acknowledges that such actions may impact the purpose performance of dealing in Admiral Products in accordance with these Account Terms when necessary their investment portfolio managed by FANBERRY and may cause FANBERRY to implement your Order; that all Orders to be placed invest outside the parameters of the MDA Investment Mandate contained herein.
c) FANBERRY may utilise the execution and all trading to be conducted under these Account Terms must be lawful; in executing and complying with these Account Terms, settlement services of appropriately licensed third parties on behalf of the Client will not infringe any provisions of any other document or agreement in order to which provide the Client is a party; the Client will take all reasonable steps to obtain and communicate to Admiral all information, and will deliver or cause to be delivered to Admiral all documents with respect to dealings services detailed in these Terms & Conditions;
d) Dealings in the Admiral Products which are requested by any person having the right to request such documents and information and the Client authorises Admiral to pass on or deliver all such information and documents to any such person; the Client will indemnify and keep indemnified Admiral and each of its related bodies corporate and their respective directors, officers employees and agents from and against all sums of money, actions, proceedings, suits, Claims, complaints, demands, damages, costs, expenses and any other amounts whatever claimed against any of them; Admiral is not required to act in accordance with your instructions if in Admiral’s opinion to do so would or could constitute a breach by it or its agent or counterparty of the Corporations Act or any other Applicable Law; dealings in the Transactions will financial products may create an obligation to give or take delivery or make a cash payment adjustment in accordance with the terms of the relevant transaction;
e) Where a financial product has no maturity date or defined term, open contracts shall continue until such date as they are closed;
f) All dealings executed on behalf of the Client pursuant to these Account Terms; Admiral acts Terms & Conditions shall be at the absolute discretion of FANBERRY and without further reference to or approval by the Client. In particular, FANBERRY shall be entitled to take any action it considers necessary in its absolute discretion to ensure compliance with the operating rules and all other applicable laws and regulatory decisions;
g) FANBERRY need to act as principal in respect of the Admiral Products issued financial products traded by Admiral FANBERRY on behalf of the Client regardless of whether Admiral FANBERRY is acting on Client instructions or not; subject ;
h) The Client has been made specifically aware that in certain markets, FANBERRY may act as a market maker and when so acting under normal market circumstances quote the Client bid and ask prices. FANBERRY will only disclose that it is acting as a market maker in response to a written request from the Client to make such disclosure. The Client accepts that in such markets, FANBERRY may hold positions that are contrary to the position of Clients resulting in potential conflicts of interest;
i) Subject to applicable legal or legal/regulatory requirements, you consent to Admiral the Client consents where FANBERRY either knowingly or unknowingly taking takes the opposite side to the Client in relation to any of the Admiral Products, without notice to the Client; subject financial product transactions;
j) Subject to applicable legal or legal/regulatory requirements, the Client agrees and acknowledges that AdmiralFANBERRY’s directors, employees and associates (and their directors, employees) may and can deal on their own account in Transactions which may be account;
k) FANBERRY reserves the same as or differ from your Transactions; Admiral mayright, in at its sole discretion and without explanation, to refuse to deal with or on behalf of the Client in relation to any Transaction exchange traded or over-the-counter financial products (including Closing Out other than closing out existing open positions held in AdmiralFANBERRY’s account on behalf of the Client) or to limit the number of open positions of or held on behalf of the Client or both; if ;
l) Where errors have occurred in the pricing of Transactions transactions quoted by Admiral FANBERRY to the Client, Admiral may choose FANBERRY reserves the right to not to be bound by such Transactions (without further liability to the Client) if Admiral contract where FANBERRY is able to substantiate to the Client that there was a material error at the time of the Transactiontransaction; there are risks associated with using m) any benefit or right obtained by FANBERRY upon registration of an internet-based deal execution trading system which include, but are OTC financial product is personal to FANBERRY and such benefit or right shall not limited to, the failure of hardware, software, and internet connection and since Admiral does not control data flows, internet or power connection, routing via internet, configuration of your equipment or reliability of its connection, Admiral will not be responsible for communication failures, distortions or delays when trading (including processing payments)) via the internet; reports to the Client on the execution of Confirmations by Admiral, and the content of such Confirmations being statements, unless otherwise objected to within 48 hours after communication pass to the Client, will be deemed to be conclusive proof of the accuracy of such contents and their execution in accordance with these Account Terms except only in the case of manifest error; a notice issued by an authorised officer or agent of Admiral stating the amount of money due and payable by the Client will be taken as conclusive evidence of notice except only in the case of manifest error; each Admiral Product has a Leverage Rate which determines the minimum Margin cover which you must maintain for Transactions in that Admiral Product. Please see our PDS for the updated minimum margin requirements and leverage ratios in accordance with the ASIC Corporations (Product Intervention Order—Contracts for Difference) Instrument 2020/986; each Admiral Product is tailored by Contract Size; Admiral Products traded on a Trading Platform will not be settled by the physical or deliverable settlement of the Underlying Reference Instrument on their Value Date. The Admiral Products are rolled or “swapped” indefinitely until you decide to Close Out the Transaction. All representations, warranties and acknowledgments given by you under this these Account Terms are taken to have been made at the time you complete the Application Form and are taken to have been repeated by you:
1. each time you place an Order with us;
2. each time you enter into a Transaction with us, or we enter into a Transaction on your behalf; and (c) each time we do anything or refrain from doing something under these Account Terms or as contemplated by these Account Terms in connection with your Account or any Transaction. You will be deemed a retail client by Admiral. However, we reserve the right to assess your wholesale client or retail client status from time to time. If you satisfy the criteria to be classified as a wholesale client, we may classify you as such. We are under no obligation to inform you if we classify you as a wholesale client but may notify you as a courtesy.
Appears in 1 contract
Samples: Client Agreement
CLIENT ACKNOWLEDGEMENTS. 11.1 You, the Client, acknowledge and confirm to Admiral for Admiral’s benefit in relying on the following: :
(a) you (or, if a corporate entity, the directors who apply to be bound by these Account Terms) have read and understood all documentation provided to you by us including these Account Terms and any product disclosure statement (PDS) in relation to any Admiral Products which you request Admiral to make available to you in relation to your Account; ;
(b) you have received, read and understood the Account Terms; our Financial Services Guide (FSG);
(c) all dealings in Admiral Products and the performance by us of our obligations under these Account Terms are subject to Applicable Laws; ;
(d) at all times you will be able to make payments and fulfil all commitments on your part arising under these Account Terms and under the conditions applicable to dealings between you and Admiral; ;
(e) that trading in Transactions incurs a risk of loss as well as a potential for profit; ;
(f) we will not provide legal, tax, financial or accounting advice to you as part of the services that we provide to you in accordance with these Account Terms; ;
(g) by these Account Terms (including any Transaction made under it) we do not act in a fiduciary capacity in relation to you and Admiral does not owe any fiduciary obligations to you in respect of its services provided to you in connection with these Account Terms; ;
(h) Admiral may transfer from your other Account(s) held with Admiral (if any), whether carried or managed by Admiral, such funds as may be required to meet obligations as a result of Transactions between the Client and Admiral or to satisfy any amount owing by the Client under these Account Terms or otherwise and Admiral would not enter into these Account Terms but for this acknowledgement (and all of the other terms); ;
(i) Admiral will either deal by issuance of a contract or it will instruct third parties to deal on behalf of the Client, in the Admiral Products, as required by the Transaction; ;
(j) the Client will provide to Admiral on request such information regarding its financial and business affairs and identity, as Admiral may reasonably require; ;
(k) in agreeing to these Account Terms, the Client appoints Admiral as its agent for the purpose of dealing in Admiral Products in accordance with these Account Terms when necessary to implement your Order; ;
(l) that all Orders to be placed and all trading to be conducted under these Account Terms must be lawful; ;
(m) in executing and complying with these Account Terms, the Client will not infringe any provisions of any other document or agreement to which the Client is a party; ;
(n) the Client will take all reasonable steps to obtain and communicate to Admiral all information, and will deliver or cause to be delivered to Admiral all documents with respect to dealings in the Admiral Products which are requested by any person having the right to request such documents and information and the Client authorises Admiral to pass on or deliver all such information and documents to any such person; ;
(o) the Client will indemnify and keep indemnified Admiral and each of its related bodies corporate and their respective directors, officers employees and agents from and against all sums of money, actions, proceedings, suits, Claims, complaints, demands, damages, costs, expenses and any other amounts whatever claimed against any of them; ;
(p) Admiral is not required to act in accordance with your instructions if in Admiral’s opinion to do so would or could constitute a breach by it or its agent or counterparty of the Corporations Act or any other Applicable Law; ;
(q) dealings in the Transactions will create an obligation to make a cash payment in accordance with these Account Terms; ;
(r) Admiral acts as principal in respect of the Admiral Products issued by Admiral regardless of whether Admiral is acting on Client instructions or not; ;
(s) subject to applicable legal or regulatory requirements, you consent to Admiral either knowingly or unknowingly taking the opposite side to the Client in relation to any of the Admiral Products, without notice to the Client; ;
(t) subject to applicable legal or regulatory requirements, the Client agrees and acknowledges that Admiral’s directors, employees and associates (and their directors, employees) may and can deal on their own account in Transactions which may be the same as or differ from your Transactions; ;
(u) Admiral mayxxx, in its sole discretion and without explanation, refuse to deal with or on behalf of the Client in relation to any Transaction (including Closing Out existing open positions held in Admiral’s account on behalf of the Client) or to limit the number of open positions of or held on behalf of the Client or both; ;
(v) if errors have occurred in the pricing of Transactions quoted by Admiral to the Client, Admiral may choose not to be bound by such Transactions (without further liability to the Client) if Admiral is able to substantiate to the Client that there was a material error at the time of the Transaction; ;
(w) there are risks associated with using an internet-based deal execution trading system which include, but are not limited to, the failure of hardware, software, and internet connection and since Admiral does not control data flows, internet or power connection, routing via internet, configuration of your equipment or reliability of its connection, Admiral will not be responsible for communication failures, distortions or delays when trading (including processing payments)) via the internet; ;
(x) reports to the Client on the execution of Confirmations by Admiral, and the content of such Confirmations being statements, unless otherwise objected to within 48 hours after communication to the Client, will be deemed to be conclusive proof of the accuracy of such contents and their execution in accordance with these Account Terms except only in the case of manifest error; ;
(y) a notice issued by an authorised officer or agent of Admiral stating the amount of money due and payable by the Client will be taken as conclusive evidence of notice except only in the case of manifest error; ;
(z) each Admiral Product has a Leverage Rate which determines the minimum Margin cover which you must maintain for Transactions in that Admiral Product. Please see our PDS for the updated minimum margin requirements and leverage ratios in accordance with the ASIC Corporations ; (Product Intervention Order—Contracts for Differenceaa) Instrument 2020/986; (aa) each Admiral Product is tailored by Contract Size; Admiral Products traded on a Trading Platform will not be settled by the physical or deliverable settlement of the Underlying Reference Instrument on their Value Date. The Admiral Products are rolled or “swapped” indefinitely until you decide to Close Out the Transaction. All representations, warranties and acknowledgments given by you under this these Account Terms are taken to have been made at the time you complete the Application Form and are taken to have been repeated by you:
1. each time you place an Order with us;
2. each time you enter into a Transaction with us, or we enter into a Transaction on your behalf; and (c) each time we do anything or refrain from doing something under these Account Terms or as contemplated by these Account Terms in connection with your Account or any Transaction. You will be deemed a retail client by Admiral. However, we reserve the right to assess your wholesale client or retail client status from time to time. If you satisfy the criteria to be classified as a wholesale client, we may classify you as such. We are under no obligation to inform you if we classify you as a wholesale client but may notify you as a courtesy.
Appears in 1 contract
Samples: Account Terms
