Client Acknowledgments. 8.1. You, the Client, acknowledge and confirm to ZERO Securities Pty Ltd for ZERO Securities Pty Ltd’ benefit in relying on the following: (a) you (or, if a corporate entity, the directors who apply to be bound by these Terms) have read and understood all documentation provided to you by us including these Terms and any product disclosure statement (PDS) in relation to any Financial Products which you request ZERO Securities Pty Ltd to make available to you in relation to your Account; (b) you have received, read and understood our Financial Services Guide (FSG); (c) all dealings in Financial Products and the performance by us of our obligations under these 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 Terms and under the conditions applicable to dealings between you and ZERO Securities Pty Ltd; (e) 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 Terms; (f) by these Terms (including any Transaction made under it) we do not act in a fiduciary capacity in relation to you and ZERO Securities Pty Ltd does not owe any fiduciary obligations to you in respect of its services provided to you in connection with these Terms; (g) ZERO Securities Pty Ltd may transfer from your other Account(s) held with ZERO Securities Pty Ltd (if any), whether carried or managed by ZERO Securities Pty Ltd , such funds as may be required to meet obligations as a result of Transactions between the Client and ZERO Securities Pty Ltd or to satisfy any amount owing by the Client under these Terms or otherwise and ZERO Securities Pty Ltd would not enter into these Terms but for this acknowledgement (and all of the other terms). Under the terms of the PIO the extent of the recourse provided to ZERO Securities Pty Ltd is limited to money ZERO Securities Pty Ltd holds both in a client money account on your behalf, or otherwise holds in relation to your CFD trading account; (h) ZERO Securities Pty Ltd will either deal by issuance of a contract or it will instruct third parties to deal on behalf of the Client, in the Financial Products, as required by the Transaction; (i) the Client will provide to ZERO Securities Pty Ltd on request such information regarding its financial and business affairs and identity, as ZERO Securities Pty Ltd may reasonably require; (j) in agreeing to these Terms, the Client appoints ZERO Securities Pty Ltd as its agent for the purpose of dealing in Financial Products in accordance with these Terms when necessary to implement your Order; (k) the Client and ZERO Securities Pty Ltd are bound by the Applicable Laws, Rules, customs, usages and practices (as modified from time to time) of the applicable exchange and clearing houses where any dealing takes place in relation to the Transaction and that ZERO Securities Pty Ltd may be bound by the Applicable Laws, Rules, customs, usages and practices of those Exchanges in any order made or contract entered into by ZERO Securities Pty Ltd in relation to the Order or Transaction made with the Client, which can affect ZERO Securities Pty Ltd ’ capacity to implement your Order or it might lead to later adjustments to the Transaction on these Terms; (l) that all Orders to be placed and all trading to be conducted under these Terms must be lawful; (m) in executing and complying with these 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 ZERO Securities Pty Ltd all information, and will deliver or cause to be delivered to ZERO Securities Pty Ltd all documents with respect to dealings in the Financial Products which are requested by any person having the right to request such documents and information and the Client authorises ZERO Securities Pty Ltd to pass on or deliver all such information and documents to any such person; (o) in relation to Transactions in Derivative Contracts cleared with ASX Clear, the Client’s Transactions are bound by the ASIC Market Integrity Rules and are subject to the customs, usages and practices of ASX, ASX Settlement and ASX Clear and in relation to your Transactions in Derivative Contracts, the Client will, on ZERO Securities Pty Ltd ’ request, provide all information and documentation relevant to that trading and ZERO Securities Pty Ltd is authorised by the Client to provide the information and documentation to ASX Clear or to a person who clears for the Client; (p) in relation to your Transactions which relate to Exchange-Traded Derivative Contracts on any other Futures Exchange, the Client will take all reasonable steps to deliver information or documentation to ZERO Securities Pty Ltd or cause information or documentation to be delivered to ZERO Securities Pty Ltd concerning such Transactions which are requested by a person having a right to request such information or documentation and the Client authorises ZERO Securities Pty Ltd to pass on the information or documentation to the person making the request; (q) the Client will indemnify and keep indemnified ZERO Securities Pty Ltd 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; (r) ZERO Securities Pty Ltd is not required to act in accordance with your instructions if in ZERO Securities Pty Ltd ’ opinion to do so would or could constitute a breach by it or its agent or counterparty of ASX Market Integrity Rules, the ASX Rules or the Corporations Act or any other Applicable Law; (s) that trading in Transactions incurs a risk of loss as well as a potential for profit; (t) dealings in the Transactions may create an obligation to give or take delivery or make a cash adjustment in accordance with the terms of the relevant Transaction; (u) ZERO Securities Pty Ltd may act as principal in respect of the Financial Products traded by ZERO Securities Pty Ltd on behalf of the Client regardless of whether ZERO Securities Pty Ltd is acting on Client instructions or not; (v) subject to applicable legal or regulatory requirements, you consent to ZERO Securities Pty Ltd either knowingly or unknowingly taking the opposite side to the Client in relation to any of the Financial Products, without notice to the Client; (w) subject to applicable legal or regulatory requirements, the Client agrees and acknowledges that ZERO Securities Pty Ltd ’ directors, employees and associates may and can deal on their own account in relation to your Transactions; (x) ZERO Securities Pty Ltd may, as a result of its obligations under the PIO, or otherwise in its sole discretion, refuse to deal with or on behalf of the Client in relation to any Transaction (including Closing Out Existing Open Transactions held in ZERO Securities Pty Ltd ’ account on behalf of the Client) or to limit the number of Open Transactions of or held on behalf of the Client or both; (y) if errors have occurred in the pricing of Transactions quoted by ZERO Securities Pty Ltd to the Client, ZERO Securities Pty Ltd may choose not to be bound by such Transactions (without further liability to the Client) if ZERO Securities Pty Ltd is able to substantiate to the Client that there was a material error at the time of the Transaction; (z) any benefit or right obtained by a clearing participant upon registration of an Exchange- Traded Derivative product with a clearing house is personal to the clearing participant and such benefit or right will not pass to the Client; (aa) 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 ZERO Securities Pty Ltd does not control data flows, internet or power connection, routing via internet, configuration of your equipment or reliability of its connection, ZERO Securities Pty Ltd will not be responsible for communication failures, distortions or delays when trading (including processing payments)) via the internet; (bb) reports to the Client on the execution of Confirmations by ZERO Securities Pty Ltd , and the content of such Confirmations, open position statements and monthly 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 Terms except only in the case of manifest error; and (cc) a notice issued by an authorised officer or agent of ZERO Securities Pty Ltd 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. 8.2. All representations, warranties and acknowledgments given by you under this these Terms are taken to have been made at the time you complete the Application Form and are taken to have been repeated by you: (a) each time you place an Order with us; (b) 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 Terms or as contemplated by these Terms in connection with your Account or any Transaction.
Appears in 2 contracts
Samples: Retail Client Account Terms and Conditions, Retail Client Account Terms and Conditions
Client Acknowledgments. 8.1. 10.1 You, the Client, acknowledge and confirm to ZERO Securities Pty Ltd Royal for ZERO Securities Pty Ltd’ Royal’s benefit in relying on the following:
(a) you (or, if a corporate entity, the directors who apply to be bound by these Terms) have read and understood all documentation provided to you by us including these Terms and any product disclosure statement Product Disclosure Statement (PDS) in relation to any Financial Products which you request ZERO Securities Pty Ltd Royal to make available to you in relation to your Account;
(b) you have received, read and understood our Financial Services Guide (FSG);
(c) all dealings in Financial Products and the performance by us of our obligations under these Terms are subject to Applicable Laws;
(d) Xxxxx relies on your representation that at all times you will be able to make payments and fulfil fulfill all commitments on your part arising under these Terms and under the conditions applicable to dealings between you and ZERO Securities Pty LtdRoyal;
(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 Termsyou;
(fg) by these Terms (including any Transaction made under itit ) we do not act in a fiduciary capacity in relation to you and ZERO Securities Pty Ltd Royal does not owe any fiduciary obligations to you in respect of its services provided to you in connection with these Terms;
(g) ZERO Securities Pty Ltd may transfer from your other Account(s) held with ZERO Securities Pty Ltd (if any), whether carried or managed by ZERO Securities Pty Ltd , such funds as may be required to meet obligations as a result of Transactions between the Client and ZERO Securities Pty Ltd or to satisfy any amount owing by the Client under these Terms or otherwise and ZERO Securities Pty Ltd would not enter into these Terms but for this acknowledgement (and all of the other terms). Under the terms of the PIO the extent of the recourse provided to ZERO Securities Pty Ltd is limited to money ZERO Securities Pty Ltd holds both in a client money account on your behalf, or otherwise holds in relation to your CFD trading account;
(h) ZERO Securities Pty Ltd will either deal by issuance of a contract or it will instruct third parties to deal on behalf of the Client, in the Financial Products, as required by the Transaction;
(i) the Client will provide to ZERO Securities Pty Ltd Royal on request such information regarding its financial and business affairs and identity, as ZERO Securities Pty Ltd may reasonably Royal mayreasonably require;
(j) in agreeing to these Terms, the Client appoints ZERO Securities Pty Ltd as its agent for the purpose of dealing in Financial Products in accordance with these Terms when necessary to implement your Order;
(k) the Client and ZERO Securities Pty Ltd are bound by the Applicable Laws, Rules, customs, usages and practices (as modified from time to time) of the applicable exchange and clearing houses where any dealing takes place in relation to the Transaction and that ZERO Securities Pty Ltd may be bound by the Applicable Laws, Rules, customs, usages and practices of those Exchanges in any order made or contract entered into by ZERO Securities Pty Ltd in relation to the Order or Transaction made with the Client, which can affect ZERO Securities Pty Ltd ’ capacity to implement your Order or it might lead to later adjustments to the Transaction on these Terms;
(li) that all Orders to be placed and all trading to be conducted under these Terms must be lawful;
(mj) in executing and complying with these Terms, the Client will not infringe any provisions of any other document or agreement to which the Client is a party;
(nk) the Client will take all reasonable steps to obtain and to communicate to ZERO Securities Pty Ltd Royal all information, and will deliver or cause to be delivered to ZERO Securities Pty Ltd Royal all documents with respect to dealings in the Financial Products which are requested by any person having the right to request such documents and information and the Client authorises ZERO Securities Pty Ltd authorizes Royal to pass on or deliver all such information and documents to any such person;
(o) in relation to Transactions in Derivative Contracts cleared with ASX Clear, the Client’s Transactions are bound by the ASIC Market Integrity Rules and are subject to the customs, usages and practices of ASX, ASX Settlement and ASX Clear and in relation to your Transactions in Derivative Contracts, the Client will, on ZERO Securities Pty Ltd ’ request, provide all information and documentation relevant to that trading and ZERO Securities Pty Ltd is authorised by the Client to provide the information and documentation to ASX Clear or to a person who clears for the Client;
(p) in relation to your Transactions which relate to Exchange-Traded Derivative Contracts on any other Futures Exchange, the Client will take all reasonable steps to deliver information or documentation to ZERO Securities Pty Ltd or cause information or documentation to be delivered to ZERO Securities Pty Ltd concerning such Transactions which are requested by a person having a right to request such information or documentation and the Client authorises ZERO Securities Pty Ltd to pass on the information or documentation to the person making the request;
(ql) the Client will indemnify and keep indemnified ZERO Securities Pty Ltd Royal and each of its related bodies corporate and their respective directors, officers’ 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;
(rm) ZERO Securities Pty Ltd Royal is not required to act in accordance with your instructions if in ZERO Securities Pty Ltd ’ Royal’s opinion to do so would or could constitute a breach by it or its agent or counterparty of ASX Market Integrity Rules, the ASX Rules or the Corporations Act Company or any other Applicable LawLaws;
(s) that trading in Transactions incurs a risk of loss as well as a potential for profit;
(tn) dealings in the Transactions may create an obligation to give or take delivery or make a cash adjustment payment to Royal in accordance with the terms of the relevant Transactionthese Terms;
(uo) ZERO Securities Pty Ltd may act Royal acts as principal in respect of the Financial Products traded issued by ZERO Securities Pty Ltd on behalf of the Client regardless of whether ZERO Securities Pty Ltd is acting on Client instructions or notRoyal;
(vp) subject to applicable legal or regulatory requirements, you consent to ZERO Securities Pty Ltd Royal either knowingly or unknowingly taking the opposite side to the Client in relation to any of the Financial Products, without notice to the Client;
(wq) subject to applicable legal or regulatory requirements, the Client agrees and acknowledges that ZERO Securities Pty Ltd ’ Royal’s directors, employees and associates (and their directors, employees) may and can deal on their own account in relation to Transactions which may be the same as or differ from your Transactions;
(xr) ZERO Securities Pty Ltd Royal may, as a result of its obligations under the PIO, or otherwise in its sole discretiondiscretion and without explanation, refuse to deal with or on behalf of the Client in relation to any Transaction (including Closing Out Existing existing Open Transactions Positions held in ZERO Securities Pty Ltd ’ account the Account on behalf of the Client) or to limit the number of Open Transactions of or held on behalf Positions of the Client or both;
(ys) We do not offer financial products or securities to persons located in the United States or Japan or residents of countries where the offer of financial products is not permitted or unlawful. By transacting with us, you acknowledge that you are not because of your jurisdictional location or residency prohibited from trading Royal Contracts.
(t) if errors have occurred in the pricing of Transactions quoted by ZERO Securities Pty Ltd Xxxxx to the Client, ZERO Securities Pty Ltd Royal may choose not to be bound by such Transactions (without further liability to the Client) if ZERO Securities Pty Ltd Royal is able to substantiate to the Client that there was a material error at the time of the Transactiontransaction;
(z) any benefit or right obtained by a clearing participant upon registration of an Exchange- Traded Derivative product with a clearing house is personal to the clearing participant and such benefit or right will not pass to the Client;
(aau) there are risks associated with using an internet-internet- based deal execution trading system which include, but are not limited to, the failure of hardware, software, and internet connection and since ZERO Securities Pty Ltd connection. Since Royal does not control data flowslows, internet or power connection, routing via internet, configuration of your equipment or reliability of its connection, ZERO Securities Pty Ltd Royal will not be responsible for communication failures, distortions or delays when trading (including processing payments)) via the internet;
(bbv) reports to the Client on the execution of Confirmations Confirmation by ZERO Securities Pty Ltd Xxxxx, and the content of such Confirmations, open position statements and monthly Confirmation 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 Terms except only in the case of manifest error; and;
(ccw) a notice issued by an authorised officer or agent of ZERO Securities Pty Ltd Xxxxx 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.;
8.2(x) Financial Products traded on the Online Service will not be settled by the physical or deliverable settlement of the Underlying Security on their Value Date. The Financial Products are rolled or “swapped” indefinitely until Closed Out ;and
(y) We may assess 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 and we are under no obligation to inform you if we classify you as a wholesale client. All representations, warranties and acknowledgments given by you under this these Terms are taken to have been made at the time you complete the Application Form and are taken to have been repeated by you:
(a) each time you place an Order with us;
(b) 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 Terms or as contemplated by these Terms in connection with your Account or any Transaction.
Appears in 1 contract
Samples: Account Terms & Conditions
Client Acknowledgments. 8.1. 8.1 You, the Client, acknowledge and confirm to ZERO Securities Pty Ltd FP Markets for ZERO Securities Pty LtdFP Markets’ benefit in relying on the following:
(a) you (or, if a corporate entity, the directors who apply to be bound by these Terms) have read and understood all documentation provided to you by us including these Terms and any product disclosure statement (PDS) in relation to any Financial Products which you request ZERO Securities Pty Ltd FP Markets to make available to you in relation to your Account;
(b) you have received, read and understood our Financial Services Guide (FSG);
(c) all dealings in Financial Products and the performance by us of our obligations under these Terms are subject to Applicable Laws;
(d) at all times you will be able to make payments and fulfil fulfill all commitments on your part arising under these Terms and under the conditions applicable to dealings between you your and ZERO Securities Pty LtdFP Markets;
(e) 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 Terms;
(f) by these Terms (including any Transaction made under it) we do not act in a fiduciary capacity in relation to you and ZERO Securities Pty Ltd FP Markets does not owe any fiduciary obligations to you in respect of its services provided to you in connection with these Terms;
(g) ZERO Securities Pty Ltd FP Markets may transfer from your other Account(s) held with ZERO Securities Pty Ltd FP Markets (if any), whether carried or managed by ZERO Securities Pty Ltd FP Markets, such funds as may be required to meet obligations as a result of Transactions between the Client and ZERO Securities Pty Ltd FP Markets or to satisfy any amount owing by the Client under these Terms or otherwise and ZERO Securities Pty Ltd FP Markets would not enter into these Terms but for this acknowledgement (and all of the other terms). Under the terms of the PIO the extent of the recourse provided to ZERO Securities Pty Ltd is limited to money ZERO Securities Pty Ltd holds both in a client money account on your behalf, or otherwise holds in relation to your CFD trading account;
(h) ZERO Securities Pty Ltd FP Markets will either deal by issuance of a contract or it will instruct third parties to deal on behalf of the Client, in the Financial Products, as required by the Transaction;
(i) the Client will provide to ZERO Securities Pty Ltd FP Markets on request such information regarding its financial and business affairs and identity, as ZERO Securities Pty Ltd FP Markets may reasonably require;
(j) in agreeing to these Terms, the Client appoints ZERO Securities Pty Ltd FP Markets as its agent for the purpose of dealing ofdealing in Financial Products in accordance with these Terms when necessary to implement your Order;
(k) the Client and ZERO Securities Pty Ltd FP Markets are bound by the Applicable Laws, Rules, customs, usages and practices (as modified from time to time) of the applicable exchange and clearing houses where any dealing takes place in relation to the Transaction and that ZERO Securities Pty Ltd FP Markets may be bound by the Applicable Laws, Rules, customs, usages and practices of those Exchanges in any order made or contract entered into by ZERO Securities Pty Ltd FP Markets in relation to the Order or Transaction made with the Client, which can affect ZERO Securities Pty Ltd FP Markets’ capacity to implement your Order or it might lead to later adjustments to the Transaction on these Terms;
(l) that all Orders to be placed and all trading to be conducted under these Terms must be lawful;
(m) in executing and complying with these 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 ZERO Securities Pty Ltd obtainandcommunicatetoFPMarkets all information, and will deliver or cause to be delivered to ZERO Securities Pty Ltd FP Markets all documents with respect to dealings in the Financial Products which are requested by any person having the right to request such documents and information and the Client authorises ZERO Securities Pty Ltd FP Markets to pass on or deliver all such information and documents to any such person;
(o) in relation to Transactions in Derivative Contracts cleared with ASX Clear, the Client’s Transactions are bound by the ASIC Market Integrity Rules and are subject to the customs, usages and practices of ASX, ASX Settlement and ASX Clear and in relation to your Transactions in Derivative Contracts, the Client will, on ZERO Securities Pty Ltd FP Markets’ request, provide all information and documentation relevant to that trading and ZERO Securities Pty Ltd FP Markets is authorised by the Client to provide the information and documentation to ASX Clear or to a person who clears for the Client;
(p) in relation to your Transactions which relate to Exchange-Traded Derivative Contracts on any other Futures Exchange, the Client will take all reasonable steps to deliver information or documentation to ZERO Securities Pty Ltd FP Markets or cause information or documentation to be delivered to ZERO Securities Pty Ltd FP Markets concerning such Transactions which are requested by a person having a right to request such information or documentation and the Client authorises ZERO Securities Pty Ltd FP Markets to pass on the information or documentation to the person making the request;
(q) the Client will indemnify and keep indemnified ZERO Securities Pty Ltd FP Markets and each of its related bodies corporate and their respective directors, officers’ 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;
(r) ZERO Securities Pty Ltd FP Markets is not required to act in accordance with your instructions if in ZERO Securities Pty Ltd FP Markets’ opinion to do so would or could constitute a breach by it or its agent or counterparty of ASX Market Integrity Rules, the ASX Rules or the Corporations Act or any other Applicable Law;
(s) that trading in Transactions incurs a risk of loss as well as a potential for profit;
(t) dealings in the Transactions may create an obligation to give or take delivery or make a cash adjustment in accordance with the terms of the relevant Transaction;
(u) ZERO Securities Pty Ltd FP Markets may act as principal in respect of the Financial Products traded by ZERO Securities Pty Ltd FP Markets on behalf of the Client regardless of whether ZERO Securities Pty Ltd FP Markets is acting on Client instructions or not;
(v) subject to applicable legal or regulatory requirements, you consent to ZERO Securities Pty Ltd FP Markets either knowingly or unknowingly taking the opposite side to the Client in relation to any of the Financial Products, without notice to the Client;
(w) subject to applicable legal or regulatory requirements, the Client agrees and acknowledges that ZERO Securities Pty Ltd FP Markets’ directors, employees and associates may and can deal on their own account in relation to your Transactions;
(x) ZERO Securities Pty Ltd FPMarkets may, as a result of its obligations under the PIO, or otherwise in its sole discretioninitssole discretion and without explanation, refuse to deal with or on behalf of the Client in relation to any Transaction (including Closing Out Existing Open Transactions existing open positions held in ZERO Securities Pty Ltd FP Markets’ account on behalf of the Client) or to limit the number of Open Transactions open positions of or held on behalf of the Client or both;
(y) if errors have occurred in the pricing of Transactions quoted by ZERO Securities Pty Ltd FP Markets to the Client, ZERO Securities Pty Ltd FP Markets may choose not to be bound by such Transactions (without further liability to the Client) if ZERO Securities Pty Ltd FP Markets is able to substantiate to the Client that there was therewas a material error at the time of the Transaction;
(z) any benefit or right obtained by a clearing participant upon registration of a an Exchange- Exchange-Traded Derivative product with a clearing house is personal to the clearing participant and such benefit or right will not pass to the Client;
(aa) 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 ZERO Securities Pty Ltd FP Markets does not control notcontrol data flows, internet or power connection, routing via internet, configuration of your equipment or reliability of its connection, ZERO Securities Pty Ltd FP Markets will not be responsible for communication failures, distortions or delays when trading (including processing paymentsprocessingpayments)) via the internetviatheinternet;
(bb) reports to the Client on the execution of Confirmations by ZERO Securities Pty Ltd , and the content of such Confirmations, open position statements and monthly 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 Terms except only in the case of manifest error; and
(cc) a notice issued by an authorised officer or agent of ZERO Securities Pty Ltd 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.
8.2. All representations, warranties and acknowledgments given by you under this these Terms are taken to have been made at the time you complete the Application Form and are taken to have been repeated by you:
(a) each time you place an Order with us;
(b) 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 Terms or as contemplated by these Terms in connection with your Account or any Transaction.
Appears in 1 contract
Client Acknowledgments. 8.1. You, the Client, acknowledge The Client acknowledges and confirm confirms to ZERO Securities Pty Ltd KITCO MARKETS LLC for ZERO Securities Pty Ltd’ KITCO MARKETS LLC’s benefit in relying on the following:
(a) you (or, if a corporate entity, the directors who apply to be bound by these Termsterms) have read and understood all documentation provided to you by us including these Terms this agreement and any product disclosure statement (PDS) additional agreements in relation to any Financial Products which you request ZERO Securities Pty Ltd KITCO MARKETS LLC to make available to you in relation to your Account;
(b) you have received, read and understood our Financial Services Guide (FSG);
(c) all dealings in Financial Products and the performance by us of our obligations under these Terms this agreement 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 Terms and under the conditions applicable to dealings between you and ZERO Securities Pty Ltd;
(e) 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 Termsthis agreement;
(fe) by these Terms this agreement (including any Transaction made under it) we do not act in a fiduciary capacity in relation to you and ZERO Securities Pty Ltd KITCO MARKETS LLC does not owe any fiduciary obligations to you in respect of its services provided to you in connection with these Termsthis agreement;
(gf) ZERO Securities Pty Ltd KITCO MARKETS LLC may transfer from your other Account(s) held with ZERO Securities Pty Ltd KITCO MARKETS LLC (if any), whether carried or managed by ZERO Securities Pty Ltd KITCO MARKETS LLC, such funds as may be required to meet obligations as a result of Transactions between the Client and ZERO Securities Pty Ltd KITCO MARKETS LLC or to satisfy any amount owing by the Client under these Terms this agreement or otherwise and ZERO Securities Pty Ltd KITCO MARKETS LLC would not enter into these Terms this agreement but for this acknowledgement (and all of the other terms). Under ;
(g) KITCO MARKETS LLC will deal as principal with the terms of the PIO the extent of the recourse provided to ZERO Securities Pty Ltd is limited to money ZERO Securities Pty Ltd holds both in a client money account on your behalf, or otherwise holds in relation to your CFD trading accountClient;
(h) ZERO Securities Pty Ltd will either deal by issuance of a contract or it will instruct third parties to deal on behalf of the Client, in the Financial Products, as required Client and KITCO MARKETS LLC are bound by the TransactionApplicable Laws;
(i) the Client will provide to ZERO Securities Pty Ltd on request such information regarding its financial and business affairs and identity, as ZERO Securities Pty Ltd may reasonably require;
(j) in agreeing to these Terms, the Client appoints ZERO Securities Pty Ltd as its agent for the purpose of dealing in Financial Products in accordance with these Terms when necessary to implement your Order;
(k) the Client and ZERO Securities Pty Ltd are bound by the Applicable Laws, Rules, customs, usages and practices (as modified from time to time) of the applicable exchange and clearing houses where any dealing takes place in relation to the Transaction and that ZERO Securities Pty Ltd may be bound by the Applicable Laws, Rules, customs, usages and practices of those Exchanges in any order made or contract entered into by ZERO Securities Pty Ltd in relation to the Order or Transaction made with the Client, which can affect ZERO Securities Pty Ltd ’ capacity to implement your Order or it might lead to later adjustments to the Transaction on these Terms;
(l) that all Orders to be placed and all trading to be conducted under these Terms must be lawful;
(m) in executing and complying with these 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 ZERO Securities Pty Ltd all information, and will deliver or cause to be delivered to ZERO Securities Pty Ltd all documents with respect to dealings in the Financial Products which are requested by any person having the right to request such documents and information and the Client authorises ZERO Securities Pty Ltd to pass on or deliver all such information and documents to any such person;
(o) in relation to Transactions in Derivative Contracts cleared with ASX Clear, the Client’s Transactions are bound by the ASIC Market Integrity Rules and are subject to the customs, usages and practices of ASX, ASX Settlement and ASX Clear and in relation to your Transactions in Derivative Contracts, the Client will, on ZERO Securities Pty Ltd ’ request, provide all information and documentation relevant to that trading and ZERO Securities Pty Ltd is authorised by the Client to provide the information and documentation to ASX Clear or to a person who clears for the Client;
(p) in relation to your Transactions which relate to Exchange-Traded Derivative Contracts on any other Futures Exchange, the Client will take all reasonable steps to deliver information or documentation to ZERO Securities Pty Ltd or cause information or documentation to be delivered to ZERO Securities Pty Ltd concerning such Transactions which are requested by a person having a right to request such information or documentation and the Client authorises ZERO Securities Pty Ltd to pass on the information or documentation to the person making the request;
(q) the Client will indemnify and keep indemnified ZERO Securities Pty Ltd KITCO MARKETS LLC and each of its related bodies corporate and their respective directors, officers’ 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;
(rj) ZERO Securities Pty Ltd KITCO MARKETS LLC is not required to act in accordance with your instructions if in ZERO Securities Pty Ltd ’ KITCO MARKETS LLC’s opinion to do so would or could constitute a breach by it or its agent or counterparty of ASX Market Integrity Rules, the ASX Rules or the Corporations Act or any other Applicable Law;
(sk) that trading in Transactions incurs a risk of loss as well as a potential for profit;
(tl) dealings in the Transactions may create an obligation to give or take delivery or make a cash adjustment in accordance with the terms of the relevant Transactiontransaction;
(um) ZERO Securities Pty Ltd KITCO MARKETS LLC may act as principal in respect of the Financial Products traded by ZERO Securities Pty Ltd KITCO MARKETS LLC on behalf of the Client regardless of whether ZERO Securities Pty Ltd KITCO MARKETS LLC is acting on Client instructions or not;
(vn) subject to applicable legal or regulatory requirements, you consent the Client consents to ZERO Securities Pty Ltd KITCO MARKETS LLC either knowingly or unknowingly taking the opposite side to the Client in relation to any of the Financial Products, without notice to the Client;
(wo) subject to applicable legal or regulatory requirements, the Client agrees and acknowledges that ZERO Securities Pty Ltd ’ KITCO MARKETS LLC’s directors, employees and associates may and can deal on their own account in relation to your Transactions;
(xp) ZERO Securities Pty Ltd KITCO MARKETS LLC may, as a result of its obligations under the PIO, or otherwise in its sole discretiondiscretion and without explanation, refuse to deal with or on behalf of the Client in relation to any Transaction (including Closing Out Existing Open Transactions existing open positions held in ZERO Securities Pty Ltd ’ KITCO MARKETS LLC’s account on behalf of the Client) or to limit the number of Open Transactions open positions of or held on behalf of the Client or bothboth (KITCO MARKETS LLC will try to inform the Client of any refusal before or as soon as practicable after such refusal);
(yq) if errors have occurred in the pricing of Transactions quoted by ZERO Securities Pty Ltd KITCO MARKETS LLC to the Client, ZERO Securities Pty Ltd KITCO MARKETS LLC may choose not to be bound by such Transactions (without further liability to the Client) if ZERO Securities Pty Ltd KITCO MARKETS LLC is able to substantiate to the Client that there was a material error at the time of the Transaction;
(z) any benefit or right obtained by a clearing participant upon registration of an Exchange- Traded Derivative product with a clearing house is personal to the clearing participant and such benefit or right will not pass to the Client;
(aar) 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 ZERO Securities Pty Ltd KITCO MARKETS LLC does not control data flows, internet or power connection, routing via internet, configuration of your equipment or reliability of its connection, ZERO Securities Pty Ltd KITCO MARKETS LLC will not be responsible for communication failures, distortions or delays when trading (including processing payments)) via the internet;
(bbs) reports to the Client on the execution of Confirmations by ZERO Securities Pty Ltd KITCO MARKETS LLC, and the content of such Confirmations, open position statements and monthly 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 Terms this agreement except only in the case of manifest error; and
(cc) a notice issued by an authorised officer or agent of ZERO Securities Pty Ltd 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.
8.2. All representations, warranties and acknowledgments given by you under this these Terms are taken to have been made at the time you complete the Application Form and are taken to have been repeated by you:
(a) each time you place an Order with us;
(b) 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 Terms or as contemplated by these Terms in connection with your Account or any Transaction.
Appears in 1 contract
Samples: Account Terms
Client Acknowledgments. 8.1. You, the Client, acknowledge The Client acknowledges and confirm confirms to ZERO Securities Pty Ltd PENTAGON CAPITAL MARKETS LTD for ZERO Securities Pty Ltd’ PENTAGON CAPITAL MARKETS LTD’s benefit in relying on the following:
(a) you (or, if a corporate entity, the directors who apply to be bound by these Termsterms) have read and understood all documentation provided to you by us including these Terms this agreement and any product disclosure statement (PDS) additional agreements in relation to any Financial Products which you request ZERO Securities Pty Ltd PENTAGON CAPITAL MARKETS LTD to make available to you in relation to your Account;
(b) you have received, read and understood al our Financial Services Guide (FSG);Terms and conditions listed on our website.
(c) all dealings in Financial Products and the performance by us of our obligations under these Terms this agreement 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 Terms and under the conditions applicable to dealings between you and ZERO Securities Pty Ltd;
(e) 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 Termsthis agreement;
(fe) by these Terms this agreement (including any Transaction made under it) we do not act in a fiduciary capacity in relation to you and ZERO Securities Pty Ltd PENTAGON CAPITAL MARKETS LTD does not owe any fiduciary obligations to you in respect of its services provided to you in connection with these Termsthis agreement;
(gf) ZERO Securities Pty Ltd PENTAGON CAPITAL MARKETS LTD may transfer from your other Account(s) held with ZERO Securities Pty Ltd PENTAGON CAPITAL MARKETS LTD (if any), whether carried or managed by ZERO Securities Pty Ltd PENTAGON CAPITAL MARKETS LTD, such funds as may be required to meet obligations as a result of Transactions between the Client and ZERO Securities Pty Ltd PENTAGON CAPITAL MARKETS LTD or to satisfy any amount owing by the Client under these Terms this agreement or otherwise and ZERO Securities Pty Ltd PENTAGON CAPITAL MARKETS LTD would not enter into these Terms this agreement but for this acknowledgement (and all of the other terms). Under ;
(g) PENTAGON CAPITAL MARKETS LTD will deal as principal with the terms of the PIO the extent of the recourse provided to ZERO Securities Pty Ltd is limited to money ZERO Securities Pty Ltd holds both in a client money account on your behalf, or otherwise holds in relation to your CFD trading accountClient;
(h) ZERO Securities Pty Ltd will either deal by issuance of a contract or it will instruct third parties to deal on behalf of the Client, in the Financial Products, as required Client and PENTAGON CAPITAL MARKETS LTD are bound by the TransactionApplicable Laws;
(i) the Client will provide to ZERO Securities Pty Ltd on request such information regarding its financial and business affairs and identity, as ZERO Securities Pty Ltd may reasonably require;
(j) in agreeing to these Terms, the Client appoints ZERO Securities Pty Ltd as its agent for the purpose of dealing in Financial Products in accordance with these Terms when necessary to implement your Order;
(k) the Client and ZERO Securities Pty Ltd are bound by the Applicable Laws, Rules, customs, usages and practices (as modified from time to time) of the applicable exchange and clearing houses where any dealing takes place in relation to the Transaction and that ZERO Securities Pty Ltd may be bound by the Applicable Laws, Rules, customs, usages and practices of those Exchanges in any order made or contract entered into by ZERO Securities Pty Ltd in relation to the Order or Transaction made with the Client, which can affect ZERO Securities Pty Ltd ’ capacity to implement your Order or it might lead to later adjustments to the Transaction on these Terms;
(l) that all Orders to be placed and all trading to be conducted under these Terms must be lawful;
(m) in executing and complying with these 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 ZERO Securities Pty Ltd all information, and will deliver or cause to be delivered to ZERO Securities Pty Ltd all documents with respect to dealings in the Financial Products which are requested by any person having the right to request such documents and information and the Client authorises ZERO Securities Pty Ltd to pass on or deliver all such information and documents to any such person;
(o) in relation to Transactions in Derivative Contracts cleared with ASX Clear, the Client’s Transactions are bound by the ASIC Market Integrity Rules and are subject to the customs, usages and practices of ASX, ASX Settlement and ASX Clear and in relation to your Transactions in Derivative Contracts, the Client will, on ZERO Securities Pty Ltd ’ request, provide all information and documentation relevant to that trading and ZERO Securities Pty Ltd is authorised by the Client to provide the information and documentation to ASX Clear or to a person who clears for the Client;
(p) in relation to your Transactions which relate to Exchange-Traded Derivative Contracts on any other Futures Exchange, the Client will take all reasonable steps to deliver information or documentation to ZERO Securities Pty Ltd or cause information or documentation to be delivered to ZERO Securities Pty Ltd concerning such Transactions which are requested by a person having a right to request such information or documentation and the Client authorises ZERO Securities Pty Ltd to pass on the information or documentation to the person making the request;
(q) the Client will indemnify and keep indemnified ZERO Securities Pty Ltd PENTAGON CAPITAL MARKETS LTD and each of its related bodies corporate and their respective directors, officers’ 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;
(rj) ZERO Securities Pty Ltd PENTAGON CAPITAL MARKETS LTD is not required to act in accordance with your instructions if in ZERO Securities Pty Ltd ’ PENTAGON CAPITAL MARKETS LTD’s opinion to do so would or could constitute a breach by it or its agent or counterparty of ASX Market Integrity Rules, the ASX Rules or the Corporations Act or any other Applicable Law;
(sk) that trading in Transactions incurs a risk of loss as well as a potential for profit;
(tl) dealings in the Transactions may create an obligation to give or take delivery or make a cash adjustment in accordance with the terms of the relevant Transactiontransaction;
(um) ZERO Securities Pty Ltd PENTAGON CAPITAL MARKETS LTD may act as principal in respect of the Financial Products traded by ZERO Securities Pty Ltd PENTAGON CAPITAL MARKETS LTD on behalf of the Client regardless of whether ZERO Securities Pty Ltd PENTAGON CAPITAL MARKETS LTD is acting on Client instructions or not;
(vn) subject to applicable legal or regulatory requirements, you consent the Client consents to ZERO Securities Pty Ltd PENTAGON CAPITAL MARKETS LTD either knowingly or unknowingly taking the opposite side to the Client in relation to any of the Financial Products, without notice to the Client;
(wo) subject to applicable legal or regulatory requirements, the Client agrees and acknowledges that ZERO Securities Pty Ltd ’ PENTAGON CAPITAL MARKETS LTD’s directors, employees and associates may and can deal on their own account in relation to your Transactions;
(xp) ZERO Securities Pty Ltd PENTAGON CAPITAL MARKETS LTD may, as a result of its obligations under the PIO, or otherwise in its sole discretiondiscretion and without explanation, refuse to deal with or on behalf of the Client in relation to any Transaction (including Closing Out Existing Open Transactions existing open positions held in ZERO Securities Pty Ltd ’ PENTAGON CAPITAL MARKETS LTD’s account on behalf of the Client) or to limit the number of Open Transactions open positions of or held on behalf of the Client or bothboth (PENTAGON CAPITAL MARKETS LTD will try to inform the Client of any refusal before or as soon as practicable after such refusal);
(yq) if errors have occurred in the pricing of Transactions quoted by ZERO Securities Pty Ltd PENTAGON CAPITAL MARKETS LTD to the Client, ZERO Securities Pty Ltd PENTAGON CAPITAL MARKETS LTD may choose not to be bound by such Transactions (without further liability to the Client) if ZERO Securities Pty Ltd PENTAGON CAPITAL MARKETS LTD is able to substantiate to the Client that there was a material error at the time of the Transaction;
(z) any benefit or right obtained by a clearing participant upon registration of an Exchange- Traded Derivative product with a clearing house is personal to the clearing participant and such benefit or right will not pass to the Client;
(aar) 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 ZERO Securities Pty Ltd PENTAGON CAPITAL MARKETS LTD does not control data flows, internet or power connection, routing via internet, configuration of your equipment or reliability of its connection, ZERO Securities Pty Ltd PENTAGON CAPITAL MARKETS LTD will not be responsible for communication failures, distortions or delays when trading (including processing payments)) via the internet;
(bbs) reports to the Client on the execution of Confirmations by ZERO Securities Pty Ltd PENTAGON CAPITAL MARKETS LTD, and the content of such Confirmations, open position statements and monthly 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 Terms this agreement except only in the case of manifest error; and
(cc) a notice issued by an authorised officer or agent of ZERO Securities Pty Ltd 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.
8.2. All representations, warranties and acknowledgments given by you under this these Terms are taken to have been made at the time you complete the Application Form and are taken to have been repeated by you:
(a) each time you place an Order with us;
(b) 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 Terms or as contemplated by these Terms in connection with your Account or any Transaction.
Appears in 1 contract
Samples: Account Terms
Client Acknowledgments. 8.1. You, the Client, acknowledge and confirm to ZERO Securities Pty Ltd FP Markets for ZERO Securities Pty LtdFP Markets’ benefit in relying on the following:
(a) you (or, if a corporate entity, the directors who apply to be bound by these Terms) have read and understood all documentation provided to you by us including these Terms and any product disclosure statement (PDS) in relation to any Financial Products which you request ZERO Securities Pty Ltd FP Markets to make available to you in relation to your Account;
(b) you have received, read and understood our Financial Services Guide (FSG);
(c) all dealings in Financial Products and the performance by us of our obligations under these 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 Terms and under the conditions applicable to dealings between you and ZERO Securities Pty LtdFP Markets;
(e) 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 Terms;
(f) by these Terms (including any Transaction made under it) we do not act in a fiduciary capacity in relation to you and ZERO Securities Pty Ltd FP Markets does not owe any fiduciary obligations to you in respect of its services provided to you in connection with these Terms;
(g) ZERO Securities Pty Ltd FP Markets may transfer from your other Account(s) held with ZERO Securities Pty Ltd FP Markets (if any), whether carried or managed by ZERO Securities Pty Ltd FP Markets, such funds as may be required to meet obligations as a result of Transactions between the Client and ZERO Securities Pty Ltd FP Markets or to satisfy any amount owing by the Client under these Terms or otherwise and ZERO Securities Pty Ltd FP Markets would not enter into these Terms but for this acknowledgement (and all of the other terms). Under the terms of the PIO the extent of the recourse provided to ZERO Securities Pty Ltd FP Markets is limited to money ZERO Securities Pty Ltd FP Markets holds both in a client money account on your behalf, or otherwise holds in relation to your CFD trading account;
(h) ZERO Securities Pty Ltd FP Markets will either deal by issuance of a contract or it will instruct third parties to deal on behalf of the Client, in the Financial Products, as required by the Transaction;
(i) the Client will provide to ZERO Securities Pty Ltd FP Markets on request such information regarding its financial and business affairs and identity, as ZERO Securities Pty Ltd FP Markets may reasonably require;
(j) in agreeing to these Terms, the Client appoints ZERO Securities Pty Ltd FP Markets as its agent for the purpose of dealing in Financial Products in accordance with these Terms when necessary to implement your Order;
(k) the Client and ZERO Securities Pty Ltd FP Markets are bound by the Applicable Laws, Rules, customs, usages and practices (as modified from time to time) of the applicable exchange and clearing houses where any dealing takes place in relation to the Transaction and that ZERO Securities Pty Ltd FP Markets may be bound by the Applicable Laws, Rules, customs, usages and practices of those Exchanges in any order made or contract entered into by ZERO Securities Pty Ltd FP Markets in relation to the Order or Transaction made with the Client, which can affect ZERO Securities Pty Ltd FP Markets’ capacity to implement your Order or it might lead to later adjustments to the Transaction on these Terms;
(l) that all Orders to be placed and all trading to be conducted under these Terms must be lawful;
(m) in executing and complying with these 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 ZERO Securities Pty Ltd FP Markets all information, and will deliver or cause to be delivered to ZERO Securities Pty Ltd FP Markets all documents with respect to dealings in the Financial Products which are requested by any person having the right to request such documents and information and the Client authorises ZERO Securities Pty Ltd FP Markets to pass on or deliver all such information and documents to any such person;
(o) in relation to Transactions in Derivative Contracts cleared with ASX Clear, the Client’s Transactions are bound by the ASIC Market Integrity Rules and are subject to the customs, usages and practices of ASX, ASX Settlement and ASX Clear and in relation to your Transactions in Derivative Contracts, the Client will, on ZERO Securities Pty Ltd FP Markets’ request, provide all information and documentation relevant to that trading and ZERO Securities Pty Ltd FP Markets is authorised by the Client to provide the information and documentation to ASX Clear or to a person who clears for the Client;
(p) in relation to your Transactions which relate to Exchange-Traded Derivative Contracts on any other Futures Exchange, the Client will take all reasonable steps to deliver information or documentation to ZERO Securities Pty Ltd FP Markets or cause information or documentation to be delivered to ZERO Securities Pty Ltd FP Markets concerning such Transactions which are requested by a person having a right to request such information or documentation and the Client authorises ZERO Securities Pty Ltd FP Markets to pass on the information or documentation to the person making the request;
(q) the Client will indemnify and keep indemnified ZERO Securities Pty Ltd FP Markets 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;
(r) ZERO Securities Pty Ltd FP Markets is not required to act in accordance with your instructions if in ZERO Securities Pty Ltd FP Markets’ opinion to do so would or could constitute a breach by it or its agent or counterparty of ASX Market Integrity Rules, the ASX Rules or the Corporations Act or any other Applicable Law;
(s) that trading in Transactions incurs a risk of loss as well as a potential for profit;
(t) dealings in the Transactions may create an obligation to give or take delivery or make a cash adjustment in accordance with the terms of the relevant Transaction;
(u) ZERO Securities Pty Ltd FP Markets may act as principal in respect of the Financial Products traded by ZERO Securities Pty Ltd FP Markets on behalf of the Client regardless of whether ZERO Securities Pty Ltd FP Markets is acting on Client instructions or not;
(v) subject to applicable legal or regulatory requirements, you consent to ZERO Securities Pty Ltd FP Markets either knowingly or unknowingly taking the opposite side to the Client in relation to any of the Financial Products, without notice to the Client;
(w) subject to applicable legal or regulatory requirements, the Client agrees and acknowledges that ZERO Securities Pty Ltd FP Markets’ directors, employees and associates may and can deal on their own account in relation to your Transactions;
(x) ZERO Securities Pty Ltd FP Markets may, as a result of its obligations under the PIO, or otherwise in its sole discretion, refuse to deal with or on behalf of the Client in relation to any Transaction (including Closing Out Existing Open Transactions held in ZERO Securities Pty Ltd FP Markets’ account on behalf of the Client) or to limit the number of Open Transactions of or held on behalf of the Client or both;
(y) if errors have occurred in the pricing of Transactions quoted by ZERO Securities Pty Ltd FP Markets to the Client, ZERO Securities Pty Ltd FP Markets may choose not to be bound by such Transactions (without further liability to the Client) if ZERO Securities Pty Ltd FP Markets is able to substantiate to the Client that there was a material error at the time of the Transaction;
(z) any benefit or right obtained by a clearing participant upon registration of an Exchange- Traded Derivative product with a clearing house is personal to the clearing participant and such benefit or right will not pass to the Client;
(aa) 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 ZERO Securities Pty Ltd FP Markets does not control data flows, internet or power connection, routing via internet, configuration of your equipment or reliability of its connection, ZERO Securities Pty Ltd FP Markets will not be responsible for communication failures, distortions or delays when trading (including processing payments)) via the internet;
(bb) reports to the Client on the execution of Confirmations by ZERO Securities Pty Ltd FP Markets, and the content of such Confirmations, open position statements and monthly 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 Terms except only in the case of manifest error; and
(cc) a notice issued by an authorised officer or agent of ZERO Securities Pty Ltd FP Markets 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.
8.2. All representations, warranties and acknowledgments given by you under this these Terms are taken to have been made at the time you complete the Application Form and are taken to have been repeated by you:
(a) each time you place an Order with us;
(b) 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 Terms or as contemplated by these Terms in connection with your Account or any Transaction.
Appears in 1 contract
Client Acknowledgments. 8.1. You, the Client, acknowledge and confirm to ZERO Securities Pty Ltd FP Markets for ZERO Securities Pty LtdFP Markets’ benefit in relying on the following:
(a) you (or, if a corporate entity, the directors who apply to be bound by these Terms) have read and understood all documentation provided to you by us including these Terms and any product disclosure statement (PDS) in relation to any Financial Products which you request ZERO Securities Pty Ltd FP Markets to make available to you in relation to your Account;
(b) you have received, read and understood our Financial Services Guide (FSG);
(c) (c) all dealings in Financial Products and the performance by us of our obligations under these Terms are subject to Applicable Laws;
(d) (d) at all times you will be able to make payments and fulfil all commitments on your part arising under these Terms and under the conditions applicable to dealings between you and ZERO Securities Pty LtdFP Markets;
(e) (e) 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 Terms;
(f) (f) by these Terms (including any Transaction made under it) we do not act in a fiduciary capacity in relation to you and ZERO Securities Pty Ltd FP Markets does not owe any fiduciary obligations to you in respect of its services provided to you in connection with these Terms;
(g) ZERO Securities Pty Ltd FP Markets may transfer from your other Account(s) held with ZERO Securities Pty Ltd FP Markets (if any), whether carried or managed by ZERO Securities Pty Ltd FP Markets, such funds as may be required to meet obligations as a result of Transactions between the Client and ZERO Securities Pty Ltd FP Markets or to satisfy any amount owing by the Client under these Terms or otherwise and ZERO Securities Pty Ltd FP Markets would not enter into these Terms but for this acknowledgement (and all of the other terms). Under the terms of the PIO the extent of the recourse provided to ZERO Securities Pty Ltd is limited to money ZERO Securities Pty Ltd holds both in a client money account on your behalf, or otherwise holds in relation to your CFD trading account;
(h) ZERO Securities Pty Ltd FP Markets will either deal by issuance of a contract or it will instruct third parties to deal on behalf of the Client, in the Financial Products, as required by the Transaction;
(i) the Client will provide to ZERO Securities Pty Ltd FP Markets on request such information regarding its financial and business affairs and identity, as ZERO Securities Pty Ltd FP Markets may reasonably require;
(j) in agreeing to these Terms, the Client appoints ZERO Securities Pty Ltd FP Markets as its agent for the purpose of dealing in Financial Products in accordance with these Terms when necessary to implement your Order;
(k) the Client and ZERO Securities Pty Ltd FP Markets are bound by the Applicable Laws, Rules, customs, usages and practices (as modified from time to time) of the applicable exchange and clearing houses where any dealing takes place in relation to the Transaction and that ZERO Securities Pty Ltd FP Markets may be bound by the Applicable Laws, Rules, customs, usages and practices of those Exchanges in any order made or contract entered into by ZERO Securities Pty Ltd FP Markets in relation to the Order or Transaction made with the Client, which can affect ZERO Securities Pty Ltd FP Markets’ capacity to implement your Order or it might lead to later adjustments to the Transaction on these Terms;
(l) that all Orders to be placed and all trading to be conducted under these Terms must be lawful;
(m) in executing and complying with these 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 ZERO Securities Pty Ltd FP Markets all information, and will deliver or cause to be delivered to ZERO Securities Pty Ltd FP Markets all documents with respect to dealings in the Financial Products which are requested by any person having the right to request such documents and information and the Client authorises ZERO Securities Pty Ltd FP Markets to pass on or deliver all such information and documents to any such person;
(o) in relation to Transactions in Derivative Contracts cleared with ASX Clear, the Client’s Transactions are bound by the ASIC Market Integrity Rules and are subject to the customs, usages and practices of ASX, ASX Settlement and ASX Clear and in relation to your Transactions in Derivative Contracts, the Client will, on ZERO Securities Pty Ltd FP Markets’ request, provide all information and documentation relevant to that trading and ZERO Securities Pty Ltd FP Markets is authorised by the Client to provide the information and documentation to ASX Clear or to a person who clears for the Client;
(p) in relation to your Transactions which relate to Exchange-Traded Derivative Contracts on any other Futures Exchange, the Client will take all reasonable steps to deliver information or documentation to ZERO Securities Pty Ltd FP Markets or cause information or documentation to be delivered to ZERO Securities Pty Ltd FP Markets concerning such Transactions which are requested by a person having a right to request such information or documentation and the Client authorises ZERO Securities Pty Ltd FP Markets to pass on the information or documentation to the person making the request;
(q) the Client will indemnify and keep indemnified ZERO Securities Pty Ltd FP Markets and each of its related bodies corporate and their respective directors, officers’ 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;
(r) ZERO Securities Pty Ltd FP Markets is not required to act in accordance with your instructions if in ZERO Securities Pty Ltd FP Markets’ opinion to do so would or could constitute a breach by it or its agent or counterparty of ASX Market Integrity Rules, the ASX Rules or the Corporations Act or any other Applicable Law;
(s) that trading in Transactions incurs a risk of loss as well as a potential for profit;
(t) dealings in the Transactions may create an obligation to give or take delivery or make a cash adjustment in accordance with the terms of the relevant Transaction;
(u) ZERO Securities Pty Ltd FP Markets may act as principal in respect of the Financial Products traded by ZERO Securities Pty Ltd FP Markets on behalf of the Client regardless of whether ZERO Securities Pty Ltd FP Markets is acting on Client instructions or not;
(v) subject to applicable legal or regulatory requirements, you consent to ZERO Securities Pty Ltd FP Markets either knowingly or unknowingly taking the opposite side to the Client in relation to any of the Financial Products, without notice to the Client;
(w) subject to applicable legal or regulatory requirements, the Client agrees and acknowledges that ZERO Securities Pty Ltd FP Markets’ directors, employees and associates may and can deal on their own account in relation to your Transactions;
(x) ZERO Securities Pty Ltd FP Markets may, as a result of its obligations under the PIO, or otherwise in its sole discretiondiscretion and without explanation, refuse to deal with or on behalf of the Client in relation to any Transaction (including Closing Out Existing Open Transactions existing open positions held in ZERO Securities Pty Ltd FP Markets’ account on behalf of the Client) or to limit the number of Open Transactions open positions of or held on behalf of the Client or both;
(y) if errors have occurred in the pricing of Transactions quoted by ZERO Securities Pty Ltd FP Markets to the Client, ZERO Securities Pty Ltd FP Markets may choose not to be bound by such Transactions (without further liability to the Client) if ZERO Securities Pty Ltd FP Markets is able to substantiate to the Client that there was a material error at the time of the Transaction;
(z) any benefit or right obtained by a clearing participant upon registration of a an Exchange- Exchange-Traded Derivative product with a clearing house is personal to the clearing participant and such benefit or right will not pass to the Client;
(aa) 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 ZERO Securities Pty Ltd FP Markets does not control data flows, internet or power connection, routing via internet, configuration of your equipment or reliability of its connection, ZERO Securities Pty Ltd FP Markets will not be responsible for communication failures, distortions or delays when trading (including processing payments)) via the internet;
(bb) reports to the Client on the execution of Confirmations by ZERO Securities Pty Ltd FP Markets, and the content of such Confirmations, open position statements and monthly 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 Terms except only in the case of manifest error; and
(cc) a notice issued by an authorised officer or agent of ZERO Securities Pty Ltd FP Markets 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.
8.2. All representations, warranties and acknowledgments given by you under this these Terms are taken to have been made at the time you complete the Application Form and are taken to have been repeated by you:
(a) each time you place an Order with us;
(b) 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 Terms or as contemplated by these Terms in connection with your Account or any Transaction.
Appears in 1 contract
Samples: Retail Client Account Terms
