GENERAL RULES OF TRADING. 14.1. Without prejudice to any other provisions herein and in particular paragraph 14.13 of this Agreement, once the Client places an Order on the Trading Platform, the Company arranges for the execution of the said Order with the Execution Venue according to the Summary of Best Interest and Order Execution Policy, found on the Company’s Website. It is understood that the Company executes the Client Orders in CFDs as an agent, i.e. the Company executes Client’s orders in third party Execution Venue(s). 14.2. You acknowledge and agree that each Transaction conducted on the Trading Platform, is comprised of first an offer by you to us to complete a Transaction (whether such offer is to open a Position or close an Open Position) at a certain price quoted on the Trading Platform, and our subsequent acceptance of your offer. An Offer will be deemed to have been completed only when your offer has been received and accepted by us. Our acceptance of an offer will be evidenced by our confirmation of its terms to you and its completion. 14.3. You may request to cancel or amend a Transaction at any time prior to our completing such a Transaction. 14.4. We reserve the right to void from the outset any Transaction containing or based on any Manifest Error. In the absence of our fraud or wilful default, we will not be liable to you for any loss, cost, claim, demand or expense following any Manifest Error. 14.5. You shall comply with any restrictions that we notify to you from time to time with respect to your activities on the Trading Platform, including without limitation, the size of Transactions or other conditions that may apply to our Quote. You acknowledge that we may offer to and impose on each Client, in our sole discretion, different terms and restrictions with respect to their use of the Trading Platform. 14.6. You acknowledge that the Trading Platform is independent of any Underlying Markets and we are under no obligation to quote a particular price or follow the trading rules consistent with such Underlying Markets. You further acknowledge that the triggering of your Order is linked to the prices quoted on the Trading Platform, not the prices quoted elsewhere on the relevant Underlying Markets and the Company does not guarantee that when executing an Order its price will be more favourable than one which might be available elsewhere. In determining whether the prices quoted on the Trading Platform reach or exceed the price accepted by us in a Transaction, we will be entitled (but not obliged), in our absolute discretion, to disregard any prices quoted on our Platform during any pre-market, post-market or intra-day auction periods in the relevant Underlying Markets, during any intra-day or other period of suspension in the relevant Underlying Markets, or during any other period that in our reasonable opinion may give rise to short-term price spikes or other distortions. Our prices may differ from the current prices on the relevant Underlying Markets and you acknowledge that a Transaction may be triggered even though: (a) an Underlying Market never traded at the level of your Transaction; or (b) the Underlying Market did trade at the level of your Transaction but for such a short period that it would have been impractical to execute an equivalent transaction on the Underlying Markets. 14.7. When you place an Order on the Trading Platform, you agree that you are not dealing a recognised exchange. 14.8. You undertake and agree not to use the prices quoted on the Trading Platform for any purpose other than for your own trading purpose, and you agree not to redistribute our prices to any other person whether such redistribution is for commercial or other purposes. 14.9. You acknowledge that each Transaction is made for a specified number of units that constitute the Underlying Asset. You may only complete Transactions on the Trading Platform for the minimum number of units as set forth on the Trading Platform as the "Unit Amount", and in multiples of such "Unit Amount" up until the maximum amount permitted by the Trading Platform. You acknowledge and agree that we may set, in our sole and absolute discretion, the "Unit Amount" for each Underlying Asset. 14.10. Each Position opened by you, and any Transaction completed, will be binding on you notwithstanding that by opening the Position you may have exceeded any credit or other limit applicable to you or in respect of your dealings with us. 14.11. You may request a Quote to open or close a Position for a particular Underlying Asset, at any time during the Trading Hours for such Underlying Asset. We will be under no obligation to but may, in our absolute discretion, provide a Quote and accept and act on your offer to open or close a Position for an Underlying Asset outside of the Trading Hours of such Underlying Asset. In some cases, Transactions may only be traded during the time when the relevant Underlying Market is open. Trading Hours are displayed on the Trading Platform under the details link for each specific Underlying Asset. It is your responsibility to ensure you are aware of which Underlying Asset may be affected. 14.12. Without prejudice to any of our right hereunder, if, prior to the acceptance of your Order to open or close a Position, we become aware that any of the factors set out in paragraph 14.13 herein, has not been met, we reserve the right to reject your Order outright. If we have, nevertheless, already opened or closed a Position prior to becoming aware that a factor set out in paragraph 14.13 herein has not been met, we may in our discretion, either treat such a Transaction as void from the outset or close the Open Position at our then prevailing price. However, we may, in our absolute discretion, allow you to open or, as the case may be, close the Open Position in which case you will be bound by the opening or closure of such Position, notwithstanding that the factors in paragraph 14.13 herein were not satisfied. 14.13. The factors referred to in paragraph 14.12 include the following: (a) the quote must be obtained via the Trading Platform or by such other means as we may from time to time notify you; (b) your offer to open or close the Position must be given while the quote is still valid; (c) the Quote must not contain a Manifest Error; (d) when you offer to open a Position, the number of units in respect of which the Transaction is to be opened must be neither smaller than the minimum unit amount specified on the Trading Platform, as applicable, from time to time, nor greater than the amount permitted in accordance with the terms of this Agreement; (e) when you offer to close part but not all of an open Position both the part of the Position that you offer to close and the part that would remain open if we accepted your offer must not be smaller than the minimum unit amount specified on the Trading Platform; (f) Force Majeure Event must not have occurred when you offer to open or close a Transaction, which affect the execution of the Transaction; (g) An Event of Default must not have occurred in respect of you; (h) when you offer to open any Position, the opening must not result in your exceeding any Initial or Maintenance Margin amount, credit or other limit placed on your dealings; (i) subject to paragraph 14.12 herein, your offer must be given to us during the Trading Hours for the applicable Underlying Asset in respect of which you offer to open or close the Position; (j) the internet connection or communications are not disrupted; (k) there is no request of regulatory or supervisory authorities of the relevant jurisdiction or a court order to the contrary; (l) the legality or genuineness of the Order is under not under doubt; (m) there are Normal Market Conditions; and (n) any other reasonable factor that we, in our sole discretion, notify you from time to time. 14.14. Use of any robots, spiders or other automated data entry system with the Trading Platform is expressly prohibited, unless you receive express written consent by the Company prior to activating the robot. All Transactions must be completed manually by you. 14.15. The Company is under no obligation, unless otherwise agreed in the Agreement, to monitor or advise the Client on the status of any Transaction or to close out any Client’s Open Positions. When the Company decides to do so, this will be done on a discretionary basis and will not be considered an undertaking of an obligation to continue. It is the Client’s responsibility to be aware of his positions at all times.
Appears in 9 contracts
Samples: Client Agreement, Client Agreement, Client Agreement
GENERAL RULES OF TRADING. 14.115.1. Without prejudice to any other provisions herein and in particular paragraph 14.13 of this Agreement, once the Client places Once you place an Order on the Trading Platform, the Company arranges for the execution of executes the said Order with the Execution Venue according to the Summary of Best Interest and Order Execution Policy, found on the Company’s Websiteorder by itself. It is understood that the Company executes the Client Orders in CFDs as an agent, i.e. principal to principal against the Company executes Client’s orders in third party Execution Venue(s).
14.215.2. You acknowledge and agree that each Transaction conducted on the Trading Platform, including the placing of an Order, is comprised of first first, an offer by you to us to complete a Transaction (whether such offer is to open a Position Transaction or close an Open Positionopen Transaction) at a certain price quoted on the Trading Platform, and our subsequent acceptance of your offer. An Offer A Transaction will be deemed to have been completed only when your offer has been received and accepted by us. Our acceptance of an offer will be evidenced by our confirmation of its terms to you and its completion.
14.315.3. We will be under no obligation to, but may in our absolute discretion, provide quotes for, or accept, execute or cancel, all or any part of a Transaction that you have requested through the Trading Platform without giving any reason. You may request to cancel or amend a Transaction at any time prior to our completing such a Transaction. We shall be entitled, but not obliged, to accept such a request in our sole discretion.
14.415.4. We reserve the right to void from the outset any Transaction containing or based on any Manifest Error. In the absence of our fraud or wilful default, we will not be liable to you for any loss, cost, claim, demand or expense following any Manifest Error.
14.515.5. You acknowledge that all prices and Quotes shown on the Trading Platform are indicative only of actual trading prices in Normal Market Size and are subject to constant change. The Company provides Quotes by taking into account the Underlying Asset price, but this does not mean that these Quotes are within any specific percentage of the Underlying Asset price. When the relevant Underlying Market is closed, the Quotes provided by the Company will reflect what the Company thinks to be the current Bid and Ask price of the relevant Underlying Asset at that time.
15.6. You shall comply with any restrictions that we notify to you from time to time with respect to your activities on the Trading Platform, including without limitation, the size of Transactions or other conditions that may apply to our Quotequote. You acknowledge that we may offer to and impose on each Clientuser, in our sole discretion, different terms and restrictions with respect to their use of the Trading Platform.
14.615.7. You acknowledge that the Trading Platform is independent of any Underlying Markets and we are under no obligation to quote a particular price or follow the trading rules consistent with such Underlying Markets. You further acknowledge that the triggering of your Order Transaction is linked to the prices quoted we quote on the Trading Platform, not the prices quoted elsewhere on the relevant Underlying Markets and the Company does not guarantee that when executing an Order its price will be more favourable than one which might be available elsewhereMarkets. In determining whether the prices quoted on the Trading Platform reach or exceed the price accepted by us in a Transaction, we will be entitled (but not obliged), in our absolute discretion, to disregard any prices quoted on our Platform by us during any pre-market, post-market or intra-day auction periods in the relevant Underlying Markets, during any intra-day or other period of suspension in the relevant Underlying Markets, or during any other period that in our reasonable opinion may give rise to short-term price spikes or other distortions. Our prices may differ from the current prices on the relevant Underlying Markets and you acknowledge that a Transaction may be triggered even though:
(a) : an Underlying Market never traded at the level of your Transaction; or
(b) or the Underlying Market did trade at the level of your Transaction but for such a short period that it would have been impractical to execute an equivalent transaction on the Underlying Markets.
14.715.8. When you place an Order complete a Transaction on the Trading Platform, you agree that you are not dealing on a recognised exchange.
14.815.9. You undertake and agree not to use the prices quoted on the Trading Platform for any purpose other than for your own trading purpose, and you agree not to redistribute our prices to any other person whether such redistribution is for commercial or other purposes.
14.915.10. You acknowledge that each Transaction is made for a specified number of units that constitute the Underlying Asset. You may only complete Transactions on the Trading Platform for the minimum number of units as set forth on the Trading Platform as the "Unit Amount", and in multiples of such "Unit Amount" up until the maximum amount permitted by the Trading Platform. You acknowledge and agree that we may set, in our sole and absolute discretion, the "Unit Amount" for each Underlying Asset.
14.1015.11. Each Position Transaction opened by you, and any Transaction completed, will be binding on you notwithstanding that by opening the Position Transaction you may have exceeded any credit or other limit applicable to you or in respect of your dealings with us. It is noted however that the Company applies a Negative Balance Protection Policy pursuant to which, you may not lose more than the amount deposit on the Platform. In the event that a Position is closed at such price causing your equity to fall below zero, the Company shall waive its right to receive the balance from the Client.
14.1115.12. You Subject to paragraph 15.15 herein you may request a Quote quote to open or close a Position Transaction for a particular Underlying Asset, at any time during the Trading Hours for such Underlying Asset. We will be under no obligation to but may, in our absolute discretion, provide a Quote quote and accept and act on your offer to open or close a Position Transaction for an Underlying Asset outside of the Trading Hours of such Underlying Asset. In some cases, Transactions may only be traded during the time when the relevant Underlying Market is open. Trading Hours are displayed on the Trading Platform under the details link for each specific Underlying Asset. It is your responsibility to ensure you are aware of which Underlying Asset may be affected.
14.1215.13. Without prejudice to any of our right hereunder, if, prior to the acceptance of your Order to open or close a PositionTransaction, we become aware that any of the factors set out in paragraph 14.13 herein, has 15.14 herein have not been met, we reserve the right to reject your Order outright. If we have, nevertheless, already opened or closed a Position Transaction prior to becoming aware that a factor set out in paragraph 14.13 15.14 herein ,has not been met, we may xxxx in our discretion, either treat such a Transaction as void from the outset or close the Open Position it at our then prevailing price. However, we may, in our absolute discretion, allow you to open or, as the case may be, close the Open Position Transaction in which case you will be bound by the opening or closure of such PositionTransaction, notwithstanding that the factors in paragraph 14.13 herein 15.14 were not satisfied.
14.1315.14. The factors referred to in paragraph 14.12 15.13 include the following:
(a) : the quote must be obtained via the Trading Platform or by such other means as we may from time to time notify you;
(b) ; your offer to open or close the Position Transaction must be given while the quote is still valid;
(c) ; the Quote quote must not contain a Manifest Error;
(d) ; when you offer to open a PositionTransaction, the number of units in respect of which the Transaction is to be opened must be neither smaller than the minimum unit amount specified on the Trading PlatformPlatform for the Instrument, as applicable, from time to time, nor greater than the amount permitted in accordance with the terms of this Agreement;
(e) ; when you offer to close part but not all of an open Position Transaction both the part of the Position Transaction that you offer to close and the part that would remain open if we accepted your offer must not be smaller than the minimum unit amount specified on the Trading Platform;
(f) ; Force Majeure Event must not have occurred when you offer to open or close a Transaction, which affect the execution of the Transaction;
(g) An Event of Default must not have occurred in respect of you;
(h) when you offer to open any Position, the opening must not result in your exceeding any Initial or Maintenance Margin amount, credit or other limit placed on your dealings;
(i) subject to paragraph 14.12 herein, your offer must be given to us during the Trading Hours for the applicable Underlying Asset in respect of which you offer to open or close the Position;
(j) the internet connection or communications are not disrupted;
(k) there is no request of regulatory or supervisory authorities of the relevant jurisdiction or a court order to the contrary;
(l) the legality or genuineness of the Order is under not under doubt;
(m) there are Normal Market Conditions; and
(n) any other reasonable factor that we, in our sole discretion, notify you from time to time.
14.14. Use of any robots, spiders or other automated data entry system with the Trading Platform is expressly prohibited, unless you receive express written consent by the Company prior to activating the robot. All Transactions must be completed manually by you.
14.15. The Company is under no obligation, unless otherwise agreed in the Agreement, to monitor or advise the Client on the status of any Transaction or to close out any Client’s Open Positions. When the Company decides to do so, this will be done on a discretionary basis and will not be considered an undertaking of an obligation to continue. It is the Client’s responsibility to be aware of his positions at all times.
Appears in 6 contracts
Samples: Client Agreement, Client Agreement, Client Agreement
GENERAL RULES OF TRADING. 14.18.1. Without prejudice to any other provisions herein and in particular paragraph 14.13 of this Agreement, once All Orders placed by the Client places an Order on the Trading Platform, shall be transmitted for execution to another party (Liquidity Provider) hence the Company arranges for shall not be executing your Orders as counterparty in the execution of the said Order with the Execution Venue according to the Summary of Best Interest and Order Execution Policy, found on the Company’s Website. It is understood that the Company executes the Client Orders in CFDs as an agent, i.e. the Company executes Client’s orders in third party Execution Venue(s)Transaction against you.
14.28.2. You acknowledge and agree that each Transaction conducted on the Trading Platform, including the placing of an Order, is comprised of first first, an offer by you to us to complete a Transaction (whether such offer is to open a Position Transaction or close an Open Positionopen Transaction) at a certain price quoted on the Trading Platform, and our subsequent acceptance of your offer. An Offer A Transaction will be deemed to have been completed only when your offer has been received and accepted by us. Our acceptance of an offer will be evidenced by our confirmation of its terms to you and its completion.
14.38.3. We will be under no obligation to, but may in our absolute discretion, provide quotes for, or accept, execute or cancel, all or any part of a Transaction that you have requested through the Trading Platform without giving any reason. You may request to cancel or amend a Transaction at any time prior to our completing such a Transaction. We shall be entitled, but not obliged, to accept such a request in our sole discretion.
14.48.4. We reserve the right to void from the outset any Transaction containing or based on any Manifest Error. In the absence of our fraud or wilful default, we will not be liable to you for any loss, cost, claim, demand or expense following any Manifest Error.
14.58.5. You acknowledge that all prices and quotes shown on the Trading Platform are indicative only of actual trading prices in normal market size and are subject to constant change. The Company provides quotes by taking into account the Underlying Asset price, but this does not mean that these quotes are within any specific percentage of the Underlying Asset price. When the relevant Underlying Market is closed, the quotes provided by the Company will reflect what the Company thinks to be the current Bid and Ask price of the relevant Underlying Asset at that time.
8.6. You shall comply with any restrictions that we notify to you from time to time with respect to your activities on the Trading Platform, including without limitation, the size of Transactions or other conditions that may apply to our Quotequote. You acknowledge that we may offer to and impose on each Clientuser, in our sole discretion, different terms and restrictions with respect to their use of the Trading Platform.
14.68.7. You acknowledge that the Trading Platform is independent of any Underlying Markets and we are under no obligation to quote a particular price or follow the trading rules consistent with such Underlying Markets. You further acknowledge that the triggering of your Order Transaction is linked to the prices quoted we quote on the Trading Platform, not the prices quoted elsewhere on the relevant Underlying Markets and the Company does not guarantee that when executing an Order its price will be more favourable than one which might be available elsewhereMarkets. In determining whether the prices quoted on the Trading Platform reach or exceed the price accepted by us in a Transaction, we will be entitled (but not obliged), in our absolute discretion, to disregard any prices quoted on our Platform by us during any pre-market, post-market or intra-day auction periods in the relevant Underlying Markets, during any intra-day or other period of suspension in the relevant Underlying Markets, or during any other period that in our reasonable opinion may give rise to short-short- term price spikes or other distortions. Our prices may differ from the current prices on the relevant Underlying Markets and you acknowledge that a Transaction may be triggered even though:
(a) an An Underlying Market never traded at the level of your Transaction; or
(b) the The Underlying Market did trade at the level of your Transaction but for such a short period that it would have been impractical to execute an equivalent transaction on the Underlying Markets.
14.78.8. When you place an Order complete a Transaction on the Trading Platform, you agree that you are not dealing on a recognised recognized exchange.
14.88.9. You acknowledge that any prices quoted on the Trading Platform are set by the Liquidity Provider in its reasonable discretion, taking into account a variety of factors including prevailing market conditions and trading demand on the Trading Platform. You undertake and agree not to use the prices quoted on the Trading Platform for any purpose other than for your own trading purpose, and you agree not to redistribute our prices to any other person whether such redistribution is for commercial or other purposes.
14.98.10. You acknowledge that each Transaction is made for a specified number of units that constitute the Underlying Asset. You may only complete Transactions on the Trading Platform for the minimum number of units as set forth on the Trading Platform as the "“Unit Amount"”, and in multiples of such "“Unit Amount" ” up until the maximum amount permitted by the Trading Platform. You acknowledge and agree that we may set, in our sole and absolute discretion, the "“Unit Amount" ” for each Underlying Asset.
14.108.11. Each Position Transaction opened by you, and any Transaction completed, will be binding on you notwithstanding that by opening the Position Transaction you may have exceeded any credit or other limit applicable to you or in respect of your dealings with us.
14.118.12. You Subject to Paragraph 8.15 you may request a Quote quote to open or close a Position Transaction for a particular Underlying Asset, at any time during the Trading Hours for such Underlying Asset. We will be under no obligation to but may, in our absolute discretion, provide a Quote quote and accept and act on your offer to open or close a Position Transaction for an Underlying Asset outside of the Trading Hours of such Underlying Asset. In some cases, cases Transactions may only be traded during the time when the relevant Underlying Market where the Underlying Asset traded is open. Trading Hours are displayed on the Trading Platform under the details link for each specific Underlying Asset. It is your responsibility to ensure you are aware of which Underlying Asset may be affected.
14.128.13. Without prejudice to any of our right hereunder, if, prior to the acceptance of your Order offer to open or close a PositionTransaction, we become aware that any of the factors set out in paragraph 14.13 herein, has Paragraph 8.14 have not been met, we reserve the right to reject your Order offer outright. If we have, nevertheless, already opened or closed a Position Transaction prior to becoming aware that a factor set out in paragraph 14.13 herein Paragraph 8.14 has not been met, we may may, in our absolute discretion, either treat such a Transaction as void from the outset or close the Open Position it at our then prevailing price. However, we may, in our absolute discretion, allow you to open or, as the case may be, close the Open Position Transaction in which case you will be bound by the opening or closure of such PositionTransaction, notwithstanding that the factors in paragraph 14.13 herein Paragraph 8.14 were not satisfied.
14.138.14. The factors referred to in paragraph 14.12 Paragraph 8.13 include the following:
(a) the quote must be obtained via the Trading Platform or by such other means as we may from time to time notify you;
(b) your offer to open or close the Position Transaction must be given while the quote is still valid;
(c) the Quote quote must not contain a Manifest Error;
(d) when you offer to open a PositionTransaction, the number of units in respect of which the Transaction is to be opened must be neither smaller than the minimum unit amount specified on the Trading PlatformPlatform for the Instrument, as applicable, from time to time, nor greater than the amount permitted in accordance with the terms of this Agreement;
(e) when you offer to close part but not all of an open Position Transaction both the part of the Position Transaction that you offer to close and the part that would remain open if we accepted your offer must not be smaller than the minimum unit amount specified on the Trading Platform;
(f) Force Majeure Event must not have occurred when you offer to open or close a Transaction, which affect the execution of the Transaction;
(g) An an Event of Default must not have occurred in respect of you;,
(h) when you offer to open any PositionTransaction, the opening of the Transaction must not result in your exceeding any Initial initial or Maintenance Margin maintenance margin amount, credit or other limit placed on your dealings;
(i) subject to paragraph 14.12 hereinParagraph 8.12, your offer must be given to us during the Trading Hours for the applicable Underlying Asset in respect of which you offer to open or close the PositionTransaction;
(j) the internet connection or communications are not disrupted;
(k) there is no request of regulatory or supervisory authorities of the relevant jurisdiction Seychelles or a court order to the contrary;
(l) the legality or genuineness of the Order is under not under doubt;
(m) there are Normal Market Conditions; and
(n) any other reasonable factor that we, in our sole discretion, notify you from time to time.
14.148.15. If, before your offer to open or close a Transaction is accepted by us, our quote moves to your advantage (for example, if the price goes down as you buy or the price goes up as you sell) you agree that we can (but do not have to) pass such price improvement on to you. The effect of such action being that the level at which you offer to open or close a Transaction will, upon acceptance by us, be altered to the more favorable price. You acknowledge that it is in your best interests for us to alter the level of your offer in the manner contemplated in this Paragraph and you agree that any offer altered in accordance with this Paragraph, once accepted by us, results in a fully binding agreement between us. Without derogating from the foregoing, you acknowledge that it is within our complete discretion as to when we will pass on a price improvement to you. You should also note that we will only pass on a price improvement within allowable limits.
8.16. Use of any robots, spiders or other automated data entry system with the Trading Platform is expressly prohibited, unless you receive express written consent by the Company prior to activating the robot. All Transactions must be completed manually by you. Any Transaction completed through such use of an automatic data entry system shall be null and void. Upon a breach of this Paragraph 8.16, we may immediately close all or any of your accounts held with us of whatever nature, terminate the Client Agreement(s) without notice and refuse to enter into further Transactions with you. Furthermore, any monies held in your Trading Account shall be frozen and we shall be entitled to deduct any amounts from your Trading Account in order to set off any loss, damages or expenses incurred as a result of a breach of this Paragraph. Any remaining monies in your Trading Account will be returned to you in accordance to this Client Agreement.
14.158.17. The Company is under no obligation, unless otherwise agreed in the Agreement, to monitor or advise the Client on the status of any Transaction or to close out any Client’s Open Positions. When the Company decides to do so, this will be done on a discretionary basis and will not be considered an undertaking of an obligation to continue. It is the Client’s responsibility to be aware of his positions at all times.
Appears in 4 contracts
Samples: Client Agreement, Client Agreement, Client Agreement
GENERAL RULES OF TRADING. 14.1. Without prejudice to any other provisions herein and in particular paragraph 14.13 15.13 of this Client Agreement, once the Client places an Order on the Trading Platform, the Company arranges for the execution of the said Order with the Execution Venue according to the Summary of Best Interest and Order Execution Policy, found on the Company’s Website. It is understood that the Company executes the Client Orders in CFDs as an agent, i.e. the Company executes Client’s orders in third party Execution Venue(s).
14.2. You acknowledge and agree that each Transaction conducted on the Trading Platform, is comprised of first an offer by you to us to complete a Transaction (whether such offer is to open a Position or close an Open Position) at a certain price quoted on the Trading Platform, and our subsequent acceptance of your offer. An Offer will be deemed to have been completed only when your offer has been received and accepted by us. Our acceptance of an offer will be evidenced by our confirmation of its terms to you and its completion.
14.3. You may request to cancel or amend a Transaction at any time prior to our completing such a Transaction.
14.4. We reserve the right to void from the outset any Transaction containing or based on any Manifest Error. In the absence of our fraud or wilful willful default, we will not be liable to you for any loss, cost, claim, demand or expense following any Manifest Error.
14.5. You shall comply with any restrictions that we notify to you from time to time with respect to your activities on the Trading Platform, including without limitation, the size of Transactions or other conditions that may apply to our Quote. You acknowledge that we may offer to and impose on each Client, in our sole discretion, different terms and restrictions with respect to their use of the Trading Platform.
14.6. You acknowledge that the Trading Platform is independent of any Underlying Markets and we are under no obligation to quote a particular price or follow the trading rules consistent with such Underlying Markets. You further acknowledge that the triggering of your Order is linked to the prices quoted on the Trading Platform, not the prices quoted elsewhere on the relevant Underlying Markets and the Company does not guarantee that when executing an Order its price will be more favourable than one which might be available elsewhere. In determining whether the prices quoted on the Trading Platform reach or exceed the price accepted by us in a Transaction, we will be entitled (but not obliged), in our absolute discretion, to disregard any prices quoted on our Platform during any pre-market, post-market or intra-day auction periods in the relevant Underlying Markets, during any intra-day or other period of suspension in the relevant Underlying Markets, or during any other period that in our reasonable opinion may give rise to short-term price spikes or other distortions. Our prices may differ from the current prices on the relevant Underlying Markets and you acknowledge that a Transaction may be triggered even though:
(a) an Underlying Market never traded at the level of your Transaction; or
(b) the Underlying Market did trade at the level of your Transaction but for such a short period that it would have been impractical to execute an equivalent transaction on the Underlying Markets.
14.7. When you place an Order on the Trading Platform, you agree that you are not dealing a recognised recognized exchange.
14.8. You undertake and agree not to use the prices quoted on the Trading Platform for any purpose other than for your own trading purpose, and you agree not to redistribute our prices to any other person whether such redistribution is for commercial or other purposes.
14.9. You acknowledge that each Transaction is made for a specified number of units that constitute the Underlying Asset. You may only complete Transactions on the Trading Platform for the minimum number of units as set forth on the Trading Platform as the "Unit Amount", and in multiples of such "Unit Amount" up until the maximum amount permitted by the Trading Platform. You acknowledge and agree that we may set, in our sole and absolute discretion, the "Unit Amount" for each Underlying Asset.
14.10. Each Position opened by you, and any Transaction completed, will be binding on you notwithstanding that by opening the Position you may have exceeded any credit or other limit applicable to you or in respect of your dealings with us.
14.11. You may request a Quote to open or close a Position for a particular Underlying Asset, at any time during the Trading Hours for such Underlying Asset. We will be under no obligation to but may, in our absolute discretion, provide a Quote and accept and act on your offer to open or close a Position for an Underlying Asset outside of the Trading Hours of such Underlying Asset. In some cases, Transactions may only be traded during the time when the relevant Underlying Market is open. Trading Hours are displayed on the Trading Platform under the details link for each specific Underlying Asset. It is your responsibility to ensure you are aware of which Underlying Asset may be affected.
14.12. Without prejudice to any of our right hereunder, if, prior to the acceptance of your Order to open or close a Position, we become aware that any of the factors set out in paragraph 14.13 15.13 herein, has not been met, we reserve the right to reject your Order outright. If we have, nevertheless, already opened or closed a Position prior to becoming aware that a factor set out in paragraph 14.13 15.13 herein has not been met, we may in our discretion, either treat such a Transaction as void from the outset or close the Open Position at our then prevailing price. However, we may, in our absolute discretion, allow you to open or, as the case may be, close the Open Position in which case you will be bound by the opening or closure of such Position, notwithstanding that the factors in paragraph 14.13 15.13 herein were not satisfied.
14.13. The factors referred to in paragraph 14.12 15.12 include the following:
(a) the quote must be obtained via the Trading Platform or by such other means as we may from time to time notify you;
(b) your offer to open or close the Position must be given while the quote is still valid;
(c) the Quote must not contain a Manifest Error;
(d) when you offer to open a Position, the number of units in respect of which the Transaction is to be opened must be neither smaller than the minimum unit amount specified on the Trading Platform, as applicable, from time to time, nor greater than the amount permitted in accordance with the terms of this Agreement;
(e) when you offer to close part but not all of an open Position both the part of the Position that you offer to close and the part that would remain open if we accepted your offer must not be smaller than the minimum unit amount specified on the Trading Platform;
(f) Force Majeure Event must not have occurred when you offer to open or close a Transaction, which affect the execution of the Transaction;
(g) An Event of Default must not have occurred in respect of you;
(h) when you offer to open any Position, the opening must not result in your exceeding any Initial or Maintenance Margin amount, credit or other limit placed on your dealings;
(i) subject to paragraph 14.12 15.12 herein, your offer must be given to us during the Trading Hours for the applicable Underlying Asset in respect of which you offer to open or close the Position;
(j) the internet connection or communications are not disrupted;
(k) there is no request of regulatory or supervisory authorities of the relevant jurisdiction or a court order to the contrary;
(l) the legality or genuineness of the Order is under not under doubt;
(m) there are Normal Market Conditions; and
(n) any other reasonable factor that we, in our sole discretion, notify you from time to time.
14.14. Use of any robots, spiders or other automated data entry system with the Trading Platform is expressly prohibited, unless you receive express written consent by the Company prior to activating the robot. All Transactions must be completed manually by you.
14.15. The Company is under no obligation, unless otherwise agreed in the Agreement, to monitor or advise the Client on the status of any Transaction or to close out any Client’s Open Positions. When the Company decides to do so, this will be done on a discretionary basis and will not be considered an undertaking of an obligation to continue. It is the Client’s responsibility to be aware of his positions at all times.
Appears in 4 contracts
Samples: Client Agreement, Client Agreement, Client Agreement
GENERAL RULES OF TRADING. 14.1. 17.1 Without prejudice to any other provisions herein and in particular paragraph 14.13 17.14 of this Client Agreement, once the Client places an Order on the Trading Platform, the Company arranges for the execution of the said Order with the Execution Venue according to the Summary of Best Interest and Order Execution Policy, found on the Company’s Website. It is understood that the Company executes does not execute the Client Orders in CFDs as an agenta principal to principal against the Client, i.e. the Company executes Client’s orders is not itself the Execution Venue (as defined in third party Execution Venue(s)Commission Directive 2006/73/EC implementing MiFID) for the execution of the Client Orders.
14.2. 17.2 You acknowledge and agree that each Transaction conducted on the Trading Platform, is comprised of first an offer by you to us to complete a Transaction (whether such offer is to open a Position or close an Open Position) at a certain price quoted on the Trading Platform, and our subsequent acceptance of your offer. An Offer will be deemed to have been completed only when your offer has been received and accepted by us. Our acceptance of an offer will be evidenced by our confirmation of its terms to you and its completion.
14.3. 17.3 You may request to cancel or amend a Transaction at any time prior to our completing such a Transaction.
14.4. 17.4 We reserve the right to void from the outset any Transaction containing or based on any Manifest Error. In the absence of our fraud or wilful willful default, we will not be liable to you for any loss, cost, claim, demand or expense following any Manifest Error.
14.517.5 You acknowledge that all of our prices and Quotes shown on the Trading Platform are the ones provided by the Company’s Execution Venue. The Execution Venue obtains prices (BID and ASK prices) of the Underlying Asset for a given CFD from third party reputable external reference sources (i.e. price feeders). The Execution Venue then uses these prices to calculate their own tradable prices for a given CFD and provide them to the Company.
17.6 You shall comply with any restrictions that we notify to you from time to time with respect to your activities on the Trading Platform, including without limitation, the size of Transactions or other conditions that may apply to our Quote. You acknowledge that we may offer to and impose on each Client, in our sole discretion, different terms and restrictions with respect to their use of the Trading Platform.
14.6. 17.7 You acknowledge that the Trading Platform is independent of any Underlying Markets and we are under no obligation to quote a particular price or follow the trading rules consistent with such Underlying Markets. You further acknowledge that the triggering of your Order is linked to the prices quoted on the Trading Platform, not the prices quoted elsewhere on the relevant Underlying Markets and the Company does not guarantee that when executing an Order its price will be more favourable favorable than one which might be available elsewhere. In determining whether the prices quoted on the Trading Platform reach or exceed the price accepted by us in a Transaction, we will be entitled (but not obliged), in our absolute discretion, to disregard any prices quoted on our Platform during any pre-market, post-market or intra-day auction periods in the relevant Underlying Markets, during any intra-day or other period of suspension in the relevant Underlying Markets, or during any other period that in our reasonable opinion may give rise to short-term price spikes or other distortions. Our prices may differ from the current prices on the relevant Underlying Markets and you acknowledge that a Transaction may be triggered even though:
(a) a. an Underlying Market never traded at the level of your Transaction; or
(b) b. the Underlying Market did trade at the level of your Transaction but for such a short period that it would have been impractical to execute an equivalent transaction on the Underlying Markets.
14.7. 17.8 When you place an Order on the Trading Platform, you agree that you are not dealing a recognised recognized exchange.
14.8. 17.9 You undertake and agree not to use the prices quoted on the Trading Platform for any purpose other than for your own trading purpose, and you agree not to redistribute our prices to any other person whether such redistribution is for commercial or other purposes.
14.9. 17.10 You acknowledge that each Transaction is made for a specified number of units that constitute the Underlying Asset. You may only complete Transactions on the Trading Platform for the minimum number of units as set forth on the Trading Platform as the "Unit Amount", and in multiples of such "Unit Amount" up until the maximum amount permitted by the Trading Platform. You acknowledge and agree that we may set, in our sole and absolute discretion, the "Unit Amount" for each Underlying Asset.
14.10. 17.11 Each Position opened by you, and any Transaction completed, will be binding on you notwithstanding that by opening the Position you may have exceeded any credit or other limit applicable to you or in respect of your dealings with us.
14.11. 17.12 You may request a Quote to open or close a Position for a particular Underlying Asset, at any time during the Trading Hours for such Underlying Asset. We will be under no obligation to but may, in our absolute discretion, provide a Quote and accept and act on your offer to open or close a Position for an Underlying Asset outside of the Trading Hours of such Underlying Asset. In some cases, Transactions may only be traded during the time when the relevant Underlying Market is open. Trading Hours are displayed on the Trading Platform under the details link for each specific Underlying Asset. It is your responsibility to ensure you are aware of which Underlying Asset may be affected.
14.12. 17.13 Without prejudice to any of our right hereunder, if, prior to the acceptance of your Order to open or close a Position, we become aware that any of the factors set out in paragraph 14.13 herein, has 17.14 herein have not been met, we reserve the right to reject your Order outright. If we have, nevertheless, already opened or closed a Position prior to becoming aware that a factor set out in paragraph 14.13 17.14 herein has not been met, we may may, in our discretion, either treat such a Transaction as void from the outset or close the Open Position at our then prevailing price. However, we may, in our absolute discretion, allow you to open or, as the case may be, close the Open Position in which case you will be bound by the opening or closure of such Position, notwithstanding that the factors in paragraph 14.13 17.14 herein were not satisfied.
14.13. 17.14 The factors referred to in paragraph 14.12 17.13 include the following:
(a) a. the quote must be obtained via the Trading Platform or by such other means as we may from time to time notify you;
(b) b. your offer to open or close the Position must be given while the quote is still valid;
(c) c. the Quote must not contain a Manifest Error;
(d) d. when you offer to open a Position, the number of units in respect of which the Transaction is to be opened must be neither smaller than the minimum unit amount specified on the Trading Platform, as applicable, from time to time, nor greater than the amount permitted in accordance with the terms of this Agreement;
(e) e. when you offer to close part but not all of an open Position both the part of the Position that you offer to close and the part that would remain open if we accepted your offer must not be smaller than the minimum unit amount specified on the Trading Platform;
(f) f. Force Majeure Event must not have occurred when you offer to open or close a Transaction, which affect the execution of the Transaction;
(g) g. An Event of Default must not have occurred in respect of you;
(h) h. when you offer to open any Position, the opening must not result in your exceeding any Initial or Maintenance Margin amount, credit or other limit placed on your dealings;
(i) i. subject to paragraph 14.12 17.12 herein, your offer must be given to us during the Trading Hours for the applicable Underlying Asset in respect of which you offer to open or close the Position;
(j) j. the internet connection or communications are not disrupted;
(k) k. there is no request of regulatory or supervisory authorities of the relevant jurisdiction Cyprus or a court order to the contrary;
(l) l. the legality or genuineness of the Order is under not under doubt;
(m) m. there are Normal Market Conditions; and
(n) n. any other reasonable factor that we, in our sole discretion, notify you from time to time.
14.14. 17.15 Use of any robots, spiders or other automated data entry system with the Trading Platform is expressly prohibited, unless you receive express written consent by the Company prior to activating the robot. All Transactions must be completed manually by you.
14.15. 17.16 The Company is under no obligation, unless otherwise agreed in the Agreement, to monitor or advise the Client on the status of any Transaction or to close out any Client’s Open Positions. When the Company decides to do so, this will be done on a discretionary basis and will not be considered an undertaking of an obligation to continue. It is the Client’s responsibility to be aware of his positions at all times.
17.17 If any Underlying Asset which is a security becomes subject to possible adjustments as a result of any of the events set out in section 15.18 (referred to as “Corporate Event”), the Company will determine the appropriate adjustment, if any, to be made to the opening/closing price, size, value and/or quantity of the corresponding Transaction (and also the level or size of the corresponding orders). This action is made in order to (i) account for the diluting or concentrating effect necessary to preserve the economic equivalent of the rights and obligations of the parties under that transaction immediately prior to that Corporate Event, and/or (ii) replicate the effect of the Corporate Event upon someone with an interest in the relevant Underlying Asset security, to be effective from the date determined by the Company.
17.18 The events to which paragraph 17.17 refers to are any of the following, by the declaration of the issuer of a security:
a. A subdivision, consolidation or reclassification of shares, a share buy-back or cancellation, or a free distribution of bonus shares to existing shareholders, capitalization or share split or reverse share split or similar event;
b. A distribution to existing holders of the shares or additional shares, other share capital or securities, granting the right to payment of dividends and/or proceeds from the liquidation of the issuer equally proportionate to such payments to holders of the underlying shares, securities, or warrants granting the right to receive or purchase shares for less than the current market price per share;
c. Any other event regarding shares analogous to any of the above events or otherwise having a diluting or concentrating effect on the market value of shares;
d. Any event analogous to any of the above events or otherwise having a diluting or concentrating effect on the market value of any security not based on shares; or
e. Any event that is caused by a merger offer made regarding the company of the underlying asset.
17.19 If any Underlying Asset which is a security becomes subject to a specific risk resulting in a predicted fall in value, the Company reserves the right to restrict short selling or even withdraw the specific Underlying Asset from the Trading Platform.
17.20 Determination of any adjustment or amendment to the opening/closing price, size, value and/or quantity of the Transaction (and/or level or size of any order) shall be at the Company’s sole discretion and shall be conclusive and binding upon the Client. The Company shall inform the Client of any adjustment or amendment via its internal mail as soon as is reasonably practicable.
17.21 In the case where the Client deliberately attempts to take advantage of the fact that shares in a particular Spot Index going ex-dividend, the Company reserves the right to apply a dividend adjustment in the form of commission without prior notice or consent. In the case of short positions, the dividend adjustment will be debited from the client’s account where dividend adjustments = Index Dividend declared x position size in Lots.
Appears in 4 contracts
Samples: Client Agreement, Client Agreement, Client Agreement
GENERAL RULES OF TRADING. 14.115.1. Without prejudice to any other provisions herein and in particular paragraph 14.13 of this Agreement, once the Client places Once you place an Order on the Trading Platform, the Company arranges for the execution of executes the said Order with the Execution Venue according to the Summary of Best Interest and Order Execution Policy, found on the Company’s Websiteorder by itself. It is understood that the Company executes the Client Orders in CFDs as an agent, i.e. principal to principal against the Company executes Client’s orders in third party Execution Venue(s).
14.215.2. You acknowledge and agree that each Transaction conducted on the Trading Platform, including the placing of an Order, is comprised of first first, an offer by you to us to complete a Transaction (whether such offer is to open a Position Transaction or close an Open Positionopen Transaction) at a certain price quoted on the Trading Platform, and our subsequent acceptance of your offer. An Offer A Transaction will be deemed to have been completed only when your offer has been received and accepted by us. Our acceptance of an offer will be evidenced by our confirmation of its terms to you and its completion.
14.315.3. We will be under no obligation to, but may in our absolute discretion, provide quotes for, or accept, execute or cancel, all or any part of a Transaction that you have requested through the Trading Platform without giving any reason. You may request to cancel or amend a Transaction at any time prior to our completing such a Transaction. We shall be entitled, but not obliged, to accept such a request in our sole discretion.
14.415.4. We reserve the right to void from the outset any Transaction containing or based on any Manifest Error. In the absence of our fraud or wilful willful default, we will not be liable to you for any loss, cost, claim, demand or expense following any Manifest Error.
14.515.5. You acknowledge that all prices and Quotes shown on the Trading Platform are indicative only of actual trading prices in Normal Market Size and are subject to constant change. The Company provides Quotes by taking into account the Underlying Asset price, but this does not mean that these Quotes are within any specific percentage of the Underlying Asset price. When the relevant Underlying Market is closed, the Quotes provided by the Company will reflect what the Company thinks to be the current Bid and Ask price of the relevant Underlying Asset at that time.
15.6. You shall comply with any restrictions that we notify to you from time to time with respect to your activities on the Trading Platform, including without limitation, the size of Transactions or other conditions that may apply to our Quotequote. You acknowledge that we may offer to and impose on each Clientuser, in our sole discretion, different terms and restrictions with respect to their use of the Trading Platform.
14.615.7. You acknowledge that the Trading Platform is independent of any Underlying Markets and we are under no obligation to quote a particular price or follow the trading rules consistent with such Underlying Markets. You further acknowledge that the triggering of your Order Transaction is linked to the prices quoted we quote on the Trading Platform, not the prices quoted elsewhere on the relevant Underlying Markets and the Company does not guarantee that when executing an Order its price will be more favourable than one which might be available elsewhereMarkets. In determining whether the prices quoted on the Trading Platform reach or exceed the price accepted by us in a Transaction, we will be entitled (but not obliged), in our absolute discretion, to disregard any prices quoted on our Platform by us during any pre-market, post-market or intra-day auction periods in the relevant Underlying Markets, during any intra-day or other period of suspension in the relevant Underlying Markets, or during any other period that in our reasonable opinion may give rise to short-term price spikes or other distortions. Our prices may differ from the current prices on the relevant Underlying Markets and you acknowledge that a Transaction may be triggered even though:
(a) : ● an Underlying Market never traded at the level of your Transaction; or
(b) or ● the Underlying Market did trade at the level of your Transaction but for such a short period that it would have been impractical to execute an equivalent transaction on the Underlying Markets.
14.715.8. When you place an Order complete a Transaction on the Trading Platform, you agree that you are not dealing on a recognised exchange.
14.815.9. You undertake and agree not to use the prices quoted on the Trading Platform for any purpose other than for your own trading purpose, and you agree not to redistribute our prices to any other person whether such redistribution is for commercial or other purposes.
14.915.10. You acknowledge that each Transaction is made for a specified number of units that constitute the Underlying Asset. You may only complete Transactions on the Trading Platform for the minimum number of units as set forth on the Trading Platform as the "Unit Amount", and in multiples of such "Unit Amount" up until the maximum amount permitted by the Trading Platform. You acknowledge and agree that we may set, in our sole and absolute discretion, the "Unit Amount" for each Underlying Asset.
14.1015.11. Each Position Transaction opened by you, and any Transaction completed, will be binding on you notwithstanding that by opening the Position Transaction you may have exceeded any credit or other limit applicable to you or in respect of your dealings with us. It is noted however that the Company applies a Negative Balance Protection Policy pursuant to which, you may not lose more than the amount deposit on the Platform. In the event that a Position is closed at such price causing your equity to fall below zero, the Company shall waive its right to receive the balance from the Client.
14.1115.12. You Subject to paragraph 15.15 herein you may request a Quote quote to open or close a Position Transaction for a particular Underlying Asset, at any time during the Trading Hours for such Underlying Asset. We will be under no obligation to but may, in our absolute discretion, provide a Quote quote and accept and act on your offer to open or close a Position Transaction for an Underlying Asset outside of the Trading Hours of such Underlying Asset. In some cases, Transactions may only be traded during the time when the relevant Underlying Market is open. Trading Hours are displayed on the Trading Platform under the details link for each specific Underlying Asset. It is your responsibility to ensure you are aware of which Underlying Asset may be affected.
14.1215.13. Without prejudice to any of our right hereunder, if, prior to the acceptance of your Order to open or close a PositionTransaction, we become aware that any of the factors set out in paragraph 14.13 herein, has 15.14 herein have not been met, we reserve the right to reject your Order outright. If we have, nevertheless, already opened or closed a Position Transaction prior to becoming aware that a factor set out in paragraph 14.13 15.14 herein has not been met, we may may, in our discretion, either treat such a Transaction as void from the outset or close the Open Position it at our then prevailing price. However, we may, in our absolute discretion, allow you to open or, as the case may be, close the Open Position Transaction in which case you will be bound by the opening or closure of such PositionTransaction, notwithstanding that the factors in paragraph 14.13 herein 15.14 were not satisfied.
14.1315.14. The factors referred to in paragraph 14.12 15.13 include the following:
(a) : ● the quote must be obtained via the Trading Platform or by such other means as we may from time to time notify you;
(b) ; ● your offer to open or close the Position Transaction must be given while the quote is still valid;
(c) ; ● the Quote quote must not contain a Manifest Error;
(d) ; ● when you offer to open a PositionTransaction, the number of units in respect of which the Transaction is to be opened must be neither smaller than the minimum unit amount specified on the Trading PlatformPlatform for the Instrument, as applicable, from time to time, nor greater than the amount permitted in accordance with the terms of this Agreement;
(e) ; ● when you offer to close part but not all of an open Position Transaction both the part of the Position Transaction that you offer to close and the part that would remain open if we accepted your offer must not be smaller than the minimum unit amount specified on the Trading Platform;
(f) ; ● Force Majeure Event must not have occurred when you offer to open or close a Transaction, which affect the execution of the Transaction;
(g) An ; ● an Event of Default must not have occurred in respect of you;
(h) ; ● when you offer to open any PositionTransaction, the opening of the Transaction must not result in your exceeding any Initial initial or Maintenance Margin maintenance margin amount, credit or other limit placed on your dealings;
(i) ; ● subject to paragraph 14.12 herein15.12, your our offer must be given to us during the Trading Hours for the applicable Underlying Asset in respect of which you offer to open or close the Position;
(j) Transaction; ● the internet connection or communications are not disrupted;
(k) ; ● there is no request of regulatory or supervisory authorities of the relevant jurisdiction South Africa or a court order to the contrary;
(l) ; ● the legality or genuineness of the Order is under not under doubt;
(m) ; ● there are Normal Market Conditions; and
(n) and ● any other reasonable factor that we, in our sole discretion, notify you from time to time.
14.1415.15. Use If, before your offer to open or close a Transaction is accepted by us, our quote moves to your advantage (for example, if the price goes down as you buy or the price goes up as you sell) you agree that we can (but do not have to) pass such price improvement on to you. The effect of such action being that the level at which you offer to open or close a Transaction will, upon acceptance by us, be altered to the more favourable price. You acknowledge that it is in your best interests for us to alter the level of your offer in the manner contemplated in this paragraph and you agree that any offer altered in accordance with this paragraph, once accepted by us, results in a fully binding agreement between us. Without derogating from the foregoing, you acknowledge that it is within our complete discretion as to when we will pass on a price improvement to you. You should also note that we will only pass on a price improvement within allowable limits.
15.16. Certain third party companies may make available computerized solutions that facilitate the entry of trading orders or the execution of other activities on the Trading Platform (e.g. "trading robots") and/or allow for algorithm-based trading ("Robots" and/or "Robot Trading"). The use of any robots, spiders or other automated data entry system Robots and/or Robot Trading with the Trading Platform is expressly prohibited, unless you receive express written consent in no way sanctioned by the Company prior and is at the Client's sole risk and responsibility. The Company makes no representations or warranties about the effectiveness, accuracy, functionality, performance, integrity, freedom-from-error or any other feature of any such Robots or Robot Trading solutions. Clients expressly acknowledge that the use of any Robots or engaging in Robot Trading is extremely risky and hereby absolve the company of liability for any damage caused as a result of the use of Robots and or Robot Trading. Any Transaction completed through the use of a Robot or through Robot Trading shall be considered to activating have been executed by the robotClient. All Transactions must be completed manually by youThe Company is under no obligation to facilitate the use of any Robot or to make available Robot Trading on the Trading Platform.
14.1515.17. The Company is under no obligation, unless otherwise agreed in the Agreement, to monitor or advise the Client on the status of any Transaction or to close out any Client’s Open Positions. When the Company decides to do so, other than in order to enforce the Negative Balance Protection, this will be done on a discretionary basis and will not be considered an undertaking of an obligation to continue. It is the Client’s responsibility to be aware of his positions at all times.
15.18. If any Underlying Asset which is a security becomes subject to possible adjustments as a result of any of the events set out in section 15.19 (referred to as “Corporate Event”), the Company will determine the appropriate adjustment, if any, to be made to the opening/closing price, size, value and/or quantity of the corresponding Transaction (and also the level or size of the corresponding orders). This action is made in order to (i) account for the diluting or concentrating effect necessary to preserve the economic equivalent of the rights and obligations of the parties under that transaction immediately prior to that Corporate Event, and/or (ii) replicate the effect of the Corporate Event upon someone with an interest in the relevant Underlying Asset security, to be effective from the date determined by the Company.
15.19. The events to which paragraph 15.18 refers to are any of the following, by the declaration of the issuer of a security:
a. A subdivision, consolidation or reclassification of shares, a share buy-back or cancellation, or a free distribution of bonus shares to existing shareholders, capitalization or share split or reverse share split or similar event;
b. A distribution to existing holders of the shares or additional shares, other share capital or securities, granting the right to payment of dividends and/or proceeds from the liquidation of the issuer equally proportionate to such payments to holders of the underlying shares, securities, or warrants granting the right to receive or purchase shares for less than the current market price per share;
c. Any other event regarding shares analogous to any of the above events or otherwise having a diluting or concentrating effect on the market value of shares;
d. Any event analogous to any of the above events or otherwise having a diluting or concentrating effect on the market value of any security not based on shares; or
e. Any event that is caused by a merger offer made regarding the company of the underlying asset.
15.20. If any Underlying Asset which is a security becomes subject to a specific risk resulting in a predicted fall in value, the Company reserves the right to restrict short selling or even withdraw the specific Underlying Asset from the Trading Platform.
15.21. Determination of any adjustment or amendment to the opening/closing price, size, value and/or quantity of the Transaction (and/or level or size of any order) shall be at the Company’s sole discretion and shall be conclusive and binding upon the Client. The Company shall inform the Client of any adjustment or amendment via its internal mail as soon as is reasonably practicable.
15.22. In the case where the Client deliberately attempts to take advantage of the fact that shares in a particular Spot Index going ex-dividend, the Company reserves the right to apply a dividend adjustment in the form of commission without prior notice or consent. In the case of short positions, the dividend adjustment will be debited from the client’s account where dividend adjustments = Index Dividend declared x position size in Lots.
Appears in 4 contracts
Samples: Client Agreement, Client Agreement, Client Agreement
GENERAL RULES OF TRADING. 14.18.1. Without prejudice to any other provisions herein and in particular paragraph 14.13 of this Agreement, once All Orders placed by the Client places an Order on the Trading Platform, shall be transmitted for execution to another party (Liquidity Provider) hence the Company arranges for shall not be executing your Orders as counterparty in the execution of the said Order with the Execution Venue according to the Summary of Best Interest and Order Execution Policy, found on the Company’s Website. It is understood that the Company executes the Client Orders in CFDs as an agent, i.e. the Company executes Client’s orders in third party Execution Venue(s)Transaction against you.
14.28.2. You acknowledge and agree that each Transaction conducted on the Trading Platform, including the placing of an Order, is comprised of first first, an offer by you to us to complete a Transaction (whether such offer is to open a Position Transaction or close an Open Positionopen Transaction) at a certain price quoted on the Trading Platform, and our subsequent acceptance of your offer. An Offer A Transaction will be deemed to have been completed only when your offer has been received and accepted by us. Our acceptance of an offer will be evidenced by our confirmation of its terms to you and its completion.
14.38.3. We will be under no obligation to, but may in our absolute discretion, provide quotes for, or accept, execute or cancel, all or any part of a Transaction that you have requested through the Trading Platform without giving any reason. You may request to cancel or amend a Transaction at any time prior to our completing such a Transaction. We shall be entitled, but not obliged, to accept such a request in our sole discretion.
14.48.4. We reserve the right to void from the outset any Transaction containing or based on any Manifest Error. In the absence of our fraud or wilful willful default, we will not be liable to you for any loss, cost, claim, demand or expense following any Manifest Error.
14.58.5. You acknowledge that all prices and quotes shown on the Trading Platform are indicative only of actual trading prices in Normal Market Size and are subject to constant change. The Company provides quotes by taking into account the Underlying Asset price, but this does not mean that these quotes are within any specific percentage of the Underlying Asset price. When the relevant Underlying Market is closed, the quotes provided by the Company will reflect what the Company thinks to be the current Bid and Ask price of the relevant Underlying Asset at that time.
8.6. You shall comply with any restrictions that we notify to you from time to time with respect to your activities on the Trading Platform, including without limitation, the size of Transactions or other conditions that may apply to our Quotequote. You acknowledge that we may offer to and impose on each Clientuser, in our sole discretion, different terms and restrictions with respect to their use of the Trading Platform.
14.68.7. You acknowledge that the Trading Platform is independent of any Underlying Markets and we are under no obligation to quote a particular price or follow the trading rules consistent with such Underlying Markets. You further acknowledge that the triggering of your Order Transaction is linked to the prices quoted we quote on the Trading Platform, not the prices quoted elsewhere on the relevant Underlying Markets and the Company does not guarantee that when executing an Order its price will be more favourable than one which might be available elsewhereMarkets. In determining whether the prices quoted on the Trading Platform reach or exceed the price accepted by us in a Transaction, we will be entitled (but not obliged), in our absolute discretion, to disregard any prices quoted on our Platform by us during any pre-market, post-market or intra-day auction periods in the relevant Underlying Markets, during any intra-day or other period of suspension in the relevant Underlying Markets, or during any other period that in our reasonable opinion may give rise to short-short- term price spikes or other distortions. Our prices may differ from the current prices on the relevant Underlying Markets and you acknowledge that a Transaction may be triggered even though:
(a) an An Underlying Market never traded at the level of your Transaction; or
(b) the The Underlying Market did trade at the level of your Transaction but for such a short period that it would have been impractical to execute an equivalent transaction on the Underlying Markets.
14.78.8. When you place an Order complete a Transaction on the Trading Platform, you agree that you are not dealing a recognised recognized exchange.
14.88.9. You acknowledge that any prices quoted on the Trading Platform are set by the Liquidity Provider in its reasonable discretion, taking into account a variety of factors including prevailing market conditions and trading demand on the Trading Platform. You undertake and agree not to use the prices quoted on the Trading Platform for any purpose other than for your own trading purpose, and you agree not to redistribute our prices to any other person whether such redistribution is for commercial or other purposes.
14.98.10. You acknowledge that each Transaction is made for a specified number of units that constitute the Underlying Asset. You may only complete Transactions on the Trading Platform for the minimum number of units as set forth on the Trading Platform as the "“Unit Amount"”, and in multiples of such "“Unit Amount" ” up until the maximum amount permitted by the Trading Platform. You acknowledge and agree that we may set, in our sole and absolute discretion, the "“Unit Amount" ” for each Underlying Asset.
14.108.11. Each Position Transaction opened by you, and any Transaction completed, will be binding on you notwithstanding that by opening the Position Transaction you may have exceeded any credit or other limit applicable to you or in respect of your dealings with us.
14.118.12. You Subject to Paragraph 8.15 you may request a Quote quote to open or close a Position Transaction for a particular Underlying Asset, at any time during the Trading Hours for such Underlying Asset. We will be under no obligation to but may, in our absolute discretion, provide a Quote quote and accept and act on your offer to open or close a Position Transaction for an Underlying Asset outside of the Trading Hours of such Underlying Asset. In some cases, Transactions may only be traded during the time when the relevant Underlying Market where the Underlying Asset traded is open. Trading Hours are displayed on the Trading Platform under the details link for each specific Underlying Asset. It is your responsibility to ensure you are aware of which Underlying Asset may be affected.
14.128.13. Without prejudice to any of our right hereunder, if, prior to the acceptance of your Order offer to open or close a PositionTransaction, we become aware that any of the factors set out in paragraph 14.13 herein, has Paragraph 8.14 have not been met, we reserve the right to reject your Order offer outright. If we have, nevertheless, already opened or closed a Position Transaction prior to becoming aware that a factor set out in paragraph 14.13 herein Paragraph 8.14 has not been met, we may may, in our absolute discretion, either treat such a Transaction as void from the outset or close the Open Position it at our then prevailing price. However, we may, in our absolute discretion, allow you to open or, as the case may be, close the Open Position Transaction in which case you will be bound by the opening or closure of such PositionTransaction, notwithstanding that the factors in paragraph 14.13 herein Paragraph 8.14 were not satisfied.
14.138.14. The factors referred to in paragraph 14.12 Paragraph 8.13 include the following:
(a) the quote must be obtained via the Trading Platform or by such other means as we may from time to time notify you;
(b) your offer to open or close the Position Transaction must be given while the quote is still valid;
(c) the Quote quote must not contain a Manifest Error;
(d) when you offer to open a PositionTransaction, the number of units in respect of which the Transaction is to be opened must be neither smaller than the minimum unit amount specified on the Trading PlatformPlatform for the Instrument, as applicable, from time to time, nor greater than the amount permitted in accordance with the terms of this Agreement;
(e) when you offer to close part but not all of an open Position Transaction both the part of the Position Transaction that you offer to close and the part that would remain open if we accepted your offer must not be smaller than the minimum unit amount specified on the Trading Platform;
(f) Force Majeure Event must not have occurred when you offer to open or close a Transaction, which affect the execution of the Transaction;
(g) An an Event of Default must not have occurred in respect of you;
(h) when you offer to open any PositionTransaction, the opening of the Transaction must not result in your exceeding any Initial initial or Maintenance Margin maintenance margin amount, credit or other limit placed on your dealings;
(i) subject to paragraph 14.12 hereinParagraph 8.12, your offer must be given to us during the Trading Hours for the applicable Underlying Asset in respect of which you offer to open or close the PositionTransaction;
(j) the internet connection or communications are not disrupted;
(k) there is no request of regulatory or supervisory authorities of the relevant jurisdiction Mauritius or a court order to the contrary;
(l) the legality or genuineness of the Order is under not under doubt;
(m) there are Normal Market Conditions; and
(n) any other reasonable factor that we, in our sole discretion, notify you from time to time.
14.148.15. Use If, before your offer to open or close a Transaction is accepted by us, our quote moves to your advantage (for example, if the price goes down as you buy or the price goes up as you sell) you agree that we can (but do not have to) pass such price improvement on to you. The effect of such action being that the level at which you offer to open or close a Transaction will, upon acceptance by us, be altered to the more favorable price. You acknowledge that it is in your best interests for us to alter the level of your offer in the manner contemplated in this Paragraph and you agree that any robotsoffer altered in accordance with this Paragraph, spiders or other automated data entry system with once accepted by us, results in a fully binding agreement between us. Without derogating from the Trading Platform foregoing, you acknowledge that it is expressly prohibited, unless you receive express written consent by the Company prior within our complete discretion as to activating the robotwhen we will pass on a price improvement to you. All Transactions must be completed manually by youYou should also note that we will only pass on a price improvement within allowable limits.
14.158.16. The Company is under no obligation, unless otherwise agreed in the Agreement, to monitor or advise the Client on the status of any Transaction or to close out any Client’s Open Positions. When the Company decides to do so, this will be done on a discretionary basis and will not be considered an undertaking of an obligation to continue. It is the Client’s responsibility to be aware of his positions at all times.
Appears in 3 contracts
Samples: Client Agreement, Client Agreement, Client Agreement
GENERAL RULES OF TRADING. 14.18.1. Without prejudice to any other provisions herein and in particular paragraph 14.13 of this Agreement, once All Orders placed by the Client places an Order on the Trading Platform, shall be transmitted for execution to another party (Liquidity Provider) hence the Company arranges for shall not be executing your Orders as counterparty in the execution of the said Order with the Execution Venue according to the Summary of Best Interest and Order Execution Policy, found on the Company’s Website. It is understood that the Company executes the Client Orders in CFDs as an agent, i.e. the Company executes Client’s orders in third party Execution Venue(s)Transaction against you.
14.28.2. You acknowledge and agree that each Transaction conducted on the Trading Platform, including the placing of an Order, is comprised of first first, an offer by you to us to complete a Transaction (whether such offer is to open a Position Transaction or close an Open Positionopen Transaction) at a certain price quoted on the Trading Platform, and our subsequent acceptance of your offer. An Offer A Transaction will be deemed to have been completed only when your offer has been received and accepted by us. Our acceptance of an offer will be evidenced by our confirmation of its terms to you and its completion.
14.38.3. We will be under no obligation to, but may in our absolute discretion, provide quotes for, or accept, execute or cancel, all or any part of a Transaction that you have requested through the Trading Platform without giving any reason. You may request to cancel or amend a Transaction at any time prior to our completing such a Transaction. We shall be entitled, but not obliged, to accept such a request in our sole discretion.
14.48.4. We reserve the right to void from the outset any Transaction containing or based on any Manifest Error. In the absence of our fraud or wilful willful default, we will not be liable to you for any loss, cost, claim, demand or expense following any Manifest Error.
14.58.5. You acknowledge that all prices and quotes shown on the Trading Platform are indicative only of actual trading prices in Normal Market Size and are subject to constant change. The Company provides quotes by taking into account the Underlying Asset price, but this does not mean that these quotes are within any specific percentage of the Underlying Asset price. When the relevant Underlying Market is closed, the quotes provided by the Company will reflect what the Company thinks to be the current Bid and Ask price of the relevant Underlying Asset at that time.
8.6. You shall comply with any restrictions that we notify to you from time to time with respect to your activities on the Trading Platform, including without limitation, the size of Transactions or other conditions that may apply to our Quotequote. You acknowledge that we may offer to and impose on each Clientuser, in our sole discretion, different terms and restrictions with respect to their use of the Trading Platform.
14.68.7. You acknowledge that the Trading Platform is independent of any Underlying Markets and we are under no obligation to quote a particular price or follow the trading rules consistent with such Underlying Markets. You further acknowledge that the triggering of your Order Transaction is linked to the prices quoted we quote on the Trading Platform, not the prices quoted elsewhere on the relevant Underlying Markets and the Company does not guarantee that when executing an Order its price will be more favourable than one which might be available elsewhereMarkets. In determining whether the prices quoted on the Trading Platform reach or exceed the price accepted by us in a Transaction, we will be entitled (but not obliged), in our absolute discretion, to disregard any prices quoted on our Platform by us during any pre-market, post-post market or intra-day auction periods in the relevant Underlying Markets, during any intra-day intraday or other period of suspension in the relevant Underlying Markets, or during any other period that in our reasonable opinion may give rise to short-short- term price spikes or other distortions. Our prices may differ from the current prices on the relevant Underlying Markets and you acknowledge that a Transaction may be triggered even though:
(a) an An Underlying Market never traded at the level of your Transaction; or
(b) the The Underlying Market did trade at the level of your Transaction but for such a short period that it would have been impractical to execute an equivalent transaction on the Underlying Markets.
14.78.8. When you place an Order complete a Transaction on the Trading Platform, you agree that you are not dealing a recognised recognized exchange.
14.88.9. You acknowledge that any prices quoted on the Trading Platform are set by the Liquidity Provider in its reasonable discretion, taking into account a variety of factors including prevailing market conditions and trading demand on the Trading Platform. You undertake and agree not to use the prices quoted on the Trading Platform for any purpose other than for your own trading purpose, and you agree not to redistribute our prices to any other person whether such redistribution is for commercial or other purposes.
14.98.10. You acknowledge that each Transaction is made for a specified number of units that constitute the Underlying Asset. You may only complete Transactions on the Trading Platform for the minimum number of units as set forth on the Trading Platform as the "“Unit Amount"”, and in multiples of such "“Unit Amount" ” up until the maximum amount permitted by the Trading Platform. You acknowledge and agree that we may set, in our sole and absolute discretion, the "“Unit Amount" ” for each Underlying Asset.
14.108.11. Each Position Transaction opened by you, and any Transaction completed, will be binding on you notwithstanding that by opening the Position Transaction you may have exceeded any credit or other limit applicable to you or in respect of your dealings with us.
14.118.12. You Subject to Paragraph 8.15 you may request a Quote quote to open or close a Position Transaction for a particular Underlying Asset, at any time during the Trading Hours for such Underlying Asset. We will be under no obligation to but may, in our absolute discretion, provide a Quote quote and accept and act on your offer to open or close a Position Transaction for an Underlying Asset outside of the Trading Hours of such Underlying Asset. In some cases, cases Transactions may only be traded during the time when the relevant Underlying Market where the Underlying Asset traded is open. Trading Hours are displayed on the Trading Platform under the details link for each specific Underlying Asset. It is your responsibility to ensure you are aware of which Underlying Asset may be affected.
14.128.13. Without prejudice to any of our right hereunder, if, prior to the acceptance of your Order offer to open or close a PositionTransaction, we become aware that any of the factors set out in paragraph 14.13 herein, has Paragraph 8.14 have not been met, we reserve the right to reject your Order offer outright. If we have, nevertheless, already opened or closed a Position Transaction prior to becoming aware that a factor set out in paragraph 14.13 herein Paragraph 8.14 has not been met, we may may, in our absolute discretion, either treat such a Transaction as void from the outset or close the Open Position it at our then prevailing price. However, we may, in our absolute discretion, allow you to open or, as the case may be, close the Open Position Transaction in which case you will be bound by the opening or closure of such PositionTransaction, notwithstanding that the factors in paragraph 14.13 herein Paragraph 8.14 were not satisfied.
14.138.14. The factors referred to in paragraph 14.12 Paragraph 8.13 include the following:
(a) the quote must be obtained via the Trading Platform or by such other means as we may from time to time notify you;
(b) your offer to open or close the Position Transaction must be given while the quote is still valid;
(c) the Quote quote must not contain a Manifest Error;
(d) when you offer to open a PositionTransaction, the number of units in respect of which the Transaction is to be opened must be neither smaller than the minimum unit amount specified on the Trading PlatformPlatform for the Instrument, as applicable, from time to time, nor greater than the amount permitted in accordance with the terms of this Agreement;
(e) when you offer to close part but not all of an open Position Transaction both the part of the Position Transaction that you offer to close and the part that would remain open if we accepted your offer must not be smaller than the minimum unit amount specified on the Trading Platform;
(f) Force Majeure Event must not have occurred when you offer to open or close a Transaction, which affect the execution of the Transaction;
; (g) An an Event of Default must not have occurred in respect of you;
(h) when you offer to open any Position, the opening must not result in your exceeding any Initial or Maintenance Margin amount, credit or other limit placed on your dealings;
(i) subject to paragraph 14.12 herein, your offer must be given to us during the Trading Hours for the applicable Underlying Asset in respect of which you offer to open or close the Position;
(j) the internet connection or communications are not disrupted;
(k) there is no request of regulatory or supervisory authorities of the relevant jurisdiction or a court order to the contrary;
(l) the legality or genuineness of the Order is under not under doubt;
(m) there are Normal Market Conditions; and
(n) any other reasonable factor that we, in our sole discretion, notify you from time to time.
14.14. Use of any robots, spiders or other automated data entry system with the Trading Platform is expressly prohibited, unless you receive express written consent by the Company prior to activating the robot. All Transactions must be completed manually by you.
14.15. The Company is under no obligation, unless otherwise agreed in the Agreement, to monitor or advise the Client on the status of any Transaction or to close out any Client’s Open Positions. When the Company decides to do so, this will be done on a discretionary basis and will not be considered an undertaking of an obligation to continue. It is the Client’s responsibility to be aware of his positions at all times.
Appears in 3 contracts
Samples: Client Agreement, Client Agreement, Client Agreement
GENERAL RULES OF TRADING. 14.18.1. Without prejudice to any other provisions herein and in particular paragraph 14.13 of this Agreement, once All Orders placed by the Client places an Order on the Trading Platform, shall be transmitted for execution to another party (Liquidity Provider) hence the Company arranges for shall not be executing your Orders as counterparty in the execution of the said Order with the Execution Venue according to the Summary of Best Interest and Order Execution Policy, found on the Company’s Website. It is understood that the Company executes the Client Orders in CFDs as an agent, i.e. the Company executes Client’s orders in third party Execution Venue(s)Transaction against you.
14.28.2. You acknowledge and agree that each Transaction conducted on the Trading Platform, including the placing of an Order, is comprised of first first, an offer by you to us to complete a Transaction (whether such offer is to open a Position Transaction or close an Open Positionopen Transaction) at a certain price quoted on the Trading Platform, and our subsequent acceptance of your offer. An Offer A Transaction will be deemed to have been completed only when your offer has been received and accepted by us. Our acceptance of an offer will be evidenced by our confirmation of its terms to you and its completion.
14.38.3. We will be under no obligation to, but may in our absolute discretion, provide quotes for, or accept, execute or cancel, all or any part of a Transaction that you have requested through the Trading Platform without giving any reason. You may request to cancel or amend a Transaction at any time prior to our completing such a Transaction. We shall be entitled, but not obliged, to accept such a request in our sole discretion.
14.48.4. We reserve the right to void from the outset any Transaction containing or based on any Manifest Error. In the absence of our fraud or wilful willful default, we will not be liable to you for any loss, cost, claim, demand or expense following any Manifest Error.
14.58.5. You acknowledge that all prices and quotes shown on the Trading Platform are indicative only of actual trading prices in Normal Market Size and are subject to constant change. The Company provides quotes by taking into account the Underlying Asset price, but this does not mean that these quotes are within any specific percentage of the Underlying Asset price. When the relevant Underlying Market is closed, the quotes provided by the Company will reflect what the Company thinks to be the current Bid and Ask price of the relevant Underlying Asset at that time.
8.6. You shall comply with any restrictions that we notify to you from time to time with respect to your activities on the Trading Platform, including without limitation, the size of Transactions or other conditions that may apply to our Quotequote. You acknowledge that we may offer to and impose on each Clientuser, in our sole discretion, different terms and restrictions with respect to their use of the Trading Platform.
14.68.7. You acknowledge that the Trading Platform is independent of any Underlying Markets and we are under no obligation to quote a particular price or follow the trading rules consistent with such Underlying Markets. You further acknowledge that the triggering of your Order Transaction is linked to the prices quoted we quote on the Trading Platform, not the prices quoted elsewhere on the relevant Underlying Markets and the Company does not guarantee that when executing an Order its price will be more favourable than one which might be available elsewhereMarkets. In determining whether the prices quoted on the Trading Platform reach or exceed the price accepted by us in a Transaction, we will be entitled (but not obliged), in our absolute discretion, to disregard any prices quoted on our Platform by us during any pre-market, post-market or intra-day auction periods in the relevant Underlying Markets, during any intra-day intraday or other period of suspension in the relevant Underlying Markets, or during any other period that in our reasonable opinion may give rise to short-short- term price spikes or other distortions. Our prices may differ from the current prices on the relevant Underlying Markets and you acknowledge that a Transaction may be triggered even though:
(a) an An Underlying Market never traded at the level of your Transaction; or
(b) the The Underlying Market did trade at the level of your Transaction but for such a short period that it would have been impractical to execute an equivalent transaction on the Underlying Markets.
14.78.8. When you place an Order complete a Transaction on the Trading Platform, you agree that you are not dealing a recognised recognized exchange.
14.88.9. You acknowledge that any prices quoted on the Trading Platform are set by the Liquidity Provider in its reasonable discretion, taking into account a variety of factors including prevailing market conditions and trading demand on the Trading Platform. You undertake and agree not to use the prices quoted on the Trading Platform for any purpose other than for your own trading purpose, and you agree not to redistribute our prices to any other person whether such redistribution is for commercial or other purposes.
14.98.10. You acknowledge that each Transaction is made for a specified number of units that constitute the Underlying Asset. You may only complete Transactions on the Trading Platform for the minimum number of units as set forth on the Trading Platform as the "“Unit Amount"”, and in multiples of such "“Unit Amount" ” up until the maximum amount permitted by the Trading Platform. You acknowledge and agree that we may set, in our sole and absolute discretion, the "“Unit Amount" ” for each Underlying Asset.
14.108.11. Each Position Transaction opened by you, and any Transaction completed, will be binding on you notwithstanding that by opening the Position Transaction you may have exceeded any credit or other limit applicable to you or in respect of your dealings with us.
14.118.12. You Subject to Paragraph 8.15 you may request a Quote quote to open or close a Position Transaction for a particular Underlying Asset, at any time during the Trading Hours for such Underlying Asset. We will be under no obligation to but may, in our absolute discretion, provide a Quote quote and accept and act on your offer to open or close a Position Transaction for an Underlying Asset outside of the Trading Hours of such Underlying Asset. In some cases, Transactions may only be traded during the time when the relevant Underlying Market where the Underlying Asset traded is open. Trading Hours are displayed on the Trading Platform under the details link for each specific Underlying Asset. It is your responsibility to ensure you are aware of which Underlying Asset may be affected.
14.128.13. Without prejudice to any of our right hereunder, if, prior to the acceptance of your Order offer to open or close a PositionTransaction, we become aware that any of the factors set out in paragraph 14.13 herein, has clause 8.14 have not been met, we reserve the right to reject your Order offer outright. If we have, nevertheless, already opened or closed a Position Transaction prior to becoming aware that a factor set out in paragraph 14.13 herein clause 8.14 has not been met, we may may, in our absolute discretion, either treat such a Transaction as void from the outset or close the Open Position it at our then prevailing price. However, we may, in our absolute discretion, allow you to open or, as the case may be, close the Open Position Transaction in which case you will be bound by the opening or closure of such PositionTransaction, notwithstanding that the factors in paragraph 14.13 herein Paragraph 8.14 were not satisfied.
14.138.14. The factors referred to in paragraph 14.12 Paragraph 8.13 include the following:
(a) the quote must be obtained via the Trading Platform or by such other means as we may from time to time notify you;
(b) your offer to open or close the Position Transaction must be given while the quote is still valid;
(c) the Quote quote must not contain a Manifest Error;
(d) when you offer to open a PositionTransaction, the number of units in respect of which the Transaction is to be opened must be neither smaller than the minimum unit amount specified on the Trading PlatformPlatform for the Instrument, as applicable, from time to time, nor greater than the amount permitted in accordance with the terms of this Agreement;
(e) when you offer to close part but not all of an open Position Transaction both the part of the Position Transaction that you offer to close and the part that would remain open if we accepted your offer must not be smaller than the minimum unit amount specified on the Trading Platform;
(f) Force Majeure Event must not have occurred when you offer to open or close a Transaction, which affect the execution of the Transaction;
(g) An an Event of Default must not have occurred in respect of you;
(h) when you offer to open any PositionTransaction, the opening of the Transaction must not result in your exceeding any Initial initial or Maintenance Margin maintenance margin amount, credit or other limit placed on your dealings;
(i) subject to paragraph 14.12 hereinParagraph 8.12, your offer must be given to us during the Trading Hours for the applicable Underlying Asset in respect of which you offer to open or close the PositionTransaction;
(j) the internet connection or communications are not disrupted;
(k) there is no request of regulatory or supervisory authorities of the relevant jurisdiction Mauritius or a court order to the contrary;
(l) the legality or genuineness of the Order is under not under doubt;
(m) there are Normal Market Conditions; and
(n) any other reasonable factor that we, in our sole discretion, notify you from time to time.
14.148.15. Use If, before your offer to open or close a Transaction is accepted by us, our quote moves to your advantage (for example, if the price goes down as you buy or the price goes up as you sell) you agree that we can (but do not have to) pass such price improvement on to you. The effect of such action being that the level at which you offer to open or close a Transaction will, upon acceptance by us, be altered to the more favorable price. You acknowledge that it is in your best interests for us to alter the level of your offer in the manner contemplated in this Paragraph and you agree that any robotsoffer altered in accordance with this Paragraph, spiders or other automated data entry system with once accepted by us, results in a fully binding agreement between us. Without derogating from the Trading Platform foregoing, you acknowledge that it is expressly prohibited, unless you receive express written consent by the Company prior within our complete discretion as to activating the robotwhen we will pass on a price improvement to you. All Transactions must be completed manually by youYou should also note that we will only pass on a price improvement within allowable limits.
14.158.16. The Company is under no obligation, unless otherwise agreed in the Agreement, to monitor or advise the Client on the status of any Transaction or to close out any Client’s Open Positions. When the Company decides to do so, this will be done on a discretionary basis and will not be considered an undertaking of an obligation to continue. It is the Client’s responsibility to be aware of his positions at all times.
Appears in 3 contracts
Samples: Client Agreement, Client Agreement, Client Agreement
GENERAL RULES OF TRADING. 14.1. Without prejudice to any other provisions herein and in particular paragraph 14.13 of this Client Agreement, once the Client places an Order on the Trading Platform, the Company arranges for the execution of the said Order with the Execution Venue according to the Summary of Best Interest and Order Execution Policy, found on the Company’s Website. It is understood that the Company executes the Client Orders in CFDs as an agentagent and not as a principal to principal against the Client, i.e. the Company executes Client’s orders in third party is not the Execution Venue(s)Venue for the execution of the Client Orders.
14.2. You acknowledge and agree that each Transaction conducted on the Trading Platform, is comprised of first an offer by you to us to complete a Transaction (whether such offer is to open a Position or close an Open Position) at a certain price quoted on the Trading Platform, and our subsequent acceptance of your offer. An Offer will be deemed to have been completed only when your offer has been received and accepted by us. Our acceptance of an offer will be evidenced by our confirmation of its terms to you and its completion.
14.3. You may request to cancel or amend a Transaction at any time prior to our completing such a Transaction.
14.4. We reserve the right to void from the outset any Transaction containing or based on any Manifest Error. In the absence of our fraud or wilful willful default, we will not be liable to you for any loss, cost, claim, demand or expense following any Manifest Error.
14.5. You shall comply with any restrictions that we notify to you from time to time with respect to your activities on the Trading Platform, including without limitation, the size of Transactions or other conditions that may apply to our Quote. You acknowledge that we may offer to and impose on each Client, in our sole discretion, different terms and restrictions with respect to their use of the Trading Platform.
14.6. You acknowledge that the Trading Platform is independent of any Underlying Markets and we are under no obligation to quote a particular price or follow the trading rules consistent with such Underlying Markets. You further acknowledge that the triggering of your Order is linked to the prices quoted on the Trading Platform, not the prices quoted elsewhere on the relevant Underlying Markets and the Company does not guarantee that when executing an Order its price will be more favourable than one which might be available elsewhere. In determining whether the prices quoted on the Trading Platform reach or exceed the price accepted by us in a Transaction, we will be entitled (but not obliged), in our absolute discretion, to disregard any prices quoted on our Platform during any pre-market, post-market or intra-day auction periods in the relevant Underlying Markets, during any intra-day or other period of suspension in the relevant Underlying Markets, or during any other period that in our reasonable opinion may give rise to short-term price spikes or other distortions. Our prices may differ from the current prices on the relevant Underlying Markets and you acknowledge that a Transaction may be triggered even though:
(a) an Underlying Market never traded at the level of your Transaction; or
(b) the Underlying Market did trade at the level of your Transaction but for such a short period that it would have been impractical to execute an equivalent transaction on the Underlying Markets.
14.7. When you place an Order on the Trading Platform, you agree that you are not dealing a recognised recognized exchange.
14.8. You undertake and agree not to use the prices quoted on the Trading Platform for any purpose other than for your own trading purpose, and you agree not to redistribute our prices to any other person whether such redistribution is for commercial or other purposes.
14.9. You acknowledge that each Transaction is made for a specified number of units that constitute the Underlying Asset. You may only complete Transactions on the Trading Platform for the minimum number of units as set forth on the Trading Platform as the "Unit Amount", and in multiples of such "Unit Amount" up until the maximum amount permitted by the Trading Platform. You acknowledge and agree that we may set, in our sole and absolute discretion, the "Unit Amount" for each Underlying Asset.
14.10. Each Position opened by you, and any Transaction completed, will be binding on you notwithstanding that by opening the Position you may have exceeded any credit or other limit applicable to you or in respect of your dealings with us.
14.11. You may request a Quote to open or close a Position for a particular Underlying Asset, at any time during the Trading Hours for such Underlying Asset. We will be under no obligation to but may, in our absolute discretion, provide a Quote and accept and act on your offer to open or close a Position for an Underlying Asset outside of the Trading Hours of such Underlying Asset. In some cases, Transactions may only be traded during the time when the relevant Underlying Market is open. Trading Hours are displayed on the Trading Platform under the details link for each specific Underlying Asset. It is your responsibility to ensure you are aware of which Underlying Asset may be affected.
14.12. Without prejudice to any of our right hereunder, if, prior to the acceptance of your Order to open or close a Position, we become aware that any of the factors set out in paragraph 14.13 herein, has not been met, we reserve the right to reject your Order outright. If we have, nevertheless, already opened or closed a Position prior to becoming aware that a factor set out in paragraph 14.13 herein has not been met, we may in our discretion, either treat such a Transaction as void from the outset or close the Open Position at our then prevailing price. However, we may, in our absolute discretion, allow you to open or, as the case may be, close the Open Position in which case you will be bound by the opening or closure of such Position, notwithstanding that the factors in paragraph 14.13 herein were not satisfied.
14.13. The factors referred to in paragraph 14.12 include the following:
(a) the quote must be obtained via the Trading Platform or by such other means as we may from time to time notify you;
(b) your offer to open or close the Position must be given while the quote is still valid;
(c) the Quote must not contain a Manifest Error;
(d) when you offer to open a Position, the number of units in respect of which the Transaction is to be opened must be neither smaller than the minimum unit amount specified on the Trading Platform, as applicable, from time to time, nor greater than the amount permitted in accordance with the terms of this Agreement;
(e) when you offer to close part but not all of an open Position both the part of the Position that you offer to close and the part that would remain open if we accepted your offer must not be smaller than the minimum unit amount specified on the Trading Platform;
(f) Force Majeure Event must not have occurred when you offer to open or close a Transaction, which affect the execution of the Transaction;
(g) An Event of Default must not have occurred in respect of you;
(h) when you offer to open any Position, the opening must not result in your exceeding any Initial or Maintenance Margin amount, credit or other limit placed on your dealings;
(i) subject to paragraph 14.12 herein, your offer must be given to us during the Trading Hours for the applicable Underlying Asset in respect of which you offer to open or close the Position;
(j) the internet connection or communications are not disrupted;
(k) there is no request of regulatory or supervisory authorities of the relevant jurisdiction Cyprus or a court order to the contrary;
(l) the legality or genuineness of the Order is under not under doubt;
(m) there are Normal Market Conditions; and
(n) any other reasonable factor that we, in our sole discretion, notify you from time to time.
14.14. Use of any robots, spiders or other automated data entry system with the Trading Platform is expressly prohibited, unless you receive express written consent by the Company prior to activating the robot. All Transactions must be completed manually by you.
14.15. The Company is under no obligation, unless otherwise agreed in the Agreement, to monitor or advise the Client on the status of any Transaction or to close out any Client’s Open Positions. When the Company decides to do so, this will be done on a discretionary basis and will not be considered an undertaking of an obligation to continueTransaction. It is the Client’s responsibility to be aware of his positions at all times. It is noted that the Company offers margin close-out protection to retail CFD trading accounts. Margin close-out protection means the closure of one or more of the retail client’s open CFDs on terms most favourable to the client, when the sum of funds in the CFD trading account and the unrealised net profits of all open CFDs connected to that account falls to less than 50% of the total initial margin protection for all those open CFDs. More information in relation to the initial margin protection, as well as the margin close-out protection may be found in the Company’s Leverage Policy.
14.16. One or more of the Client’s trades may be affected by a corporate action type event (“Corporate Action”) the occurrence of which may have a dramatic effect on their trade(s) and/or on their trading account generally. A Corporate Action can include but is not limited to:
a) any rights, scrip, bonus, capitalisation or other issue or offer of shares, warrants or options
b) any acquisition or cancellation of own shares by the issuer any reduction, subdivision, consolidation or reclassification of share capital
c) any distribution of cash or shares, including any payment of dividend
d) a take-over or merger offer
e) any amalgamation or reconstruction affecting the shares concerned The Company will undertake any actions that it considers reasonable and necessary to give effect to the Corporate Action as it relates to the Client’s CFD trade(s). The actions the Company may take upon the occurrence of a Corporate Action are as follows:
a) the Client’s trading account may be credited or debited with an amount due b) the Client’s open trades and/or working Orders including any Take Profit or Stop Loss Orders may be adjusted, closed or cancelled to reflect the terms of the Corporate Action
Appears in 2 contracts
Samples: Client Agreement, Client Agreement
GENERAL RULES OF TRADING. 14.113.1. Without prejudice to any other provisions herein and in particular paragraph 14.13 of this Agreementherein, once the Client places an Order on the Trading Platform, the Company arranges for the execution of the said Order with the Execution Venue according to the Summary of Best Interest and Order Execution Policy, found on the Company’s WebsiteOrder. It is understood that the Company executes the Client Orders in CFDs as an agenta principal against the Client, i.e. the Company executes Client’s orders in third party is the Execution Venue(s)Venue for the execution of the Client Orders.
14.213.2. You acknowledge and agree that each Transaction conducted on the Trading Platform, is comprised of first an offer by you to us to complete a Transaction (whether such offer is to open a Position or close an Open Position) at a certain price quoted on the Trading Platform, and our subsequent acceptance of your offer. An Offer will be deemed to have been completed only when your offer has been received and accepted by us. Our acceptance of an offer will be evidenced by our confirmation of its terms to you and its completion.
14.313.3. You may request to cancel or amend a Transaction at any time prior to our completing such a Transaction.
14.413.4. We reserve the right to void from the outset any Transaction containing or based on any Manifest Error. In the absence of our fraud or wilful willful default, we will not be liable to you for any loss, cost, claim, demand or expense following any Manifest Error.
14.513.5. You shall comply with any restrictions that we notify to you from time to time with respect to your activities on the Trading Platform, including without limitation, the size of Transactions or other conditions that may apply to our Quote. You acknowledge that we may offer to and impose on each Client, in our sole discretion, different terms and restrictions with respect to their use of the Trading Platform.
14.613.6. You acknowledge that the Trading Platform is independent of any Underlying Markets and we are under no obligation to quote a particular price or follow the trading rules consistent with such Underlying Markets. You further acknowledge that the triggering of your Order is linked to the prices quoted on the Trading Platform, with reference to market data. Prices provided by the Company are not linked to the prices quoted elsewhere on the relevant Underlying Markets and the Company does not guarantee that when executing an Order its price will be more favourable favorable than one which might be available elsewhere. In determining whether the prices quoted on the Trading Platform reach or exceed the price accepted by us in a Transaction, we will be entitled (but not obliged), in our absolute discretion, to disregard any prices quoted on our Platform during any pre-market, post-market or intra-day auction periods in the relevant Underlying Markets, during any intra-day or other period of suspension in the relevant Underlying Markets, or during any other period that in our reasonable opinion may give rise to short-term price spikes or other distortions. Our prices may differ from the current prices on the relevant Underlying Markets and you acknowledge that a Transaction may be triggered even though:
(a) an Underlying Market never traded at the level of your Transaction; or
(b) the Underlying Market did trade at the level of your Transaction but for such a short period that it would have been impractical to execute an equivalent transaction on the Underlying Markets.
14.713.7. When you place an Order on the Trading Platform, you agree that you are not dealing a recognised recognized exchange.
14.813.8. You undertake and agree not to use the prices quoted on the Trading Platform for any purpose other than for your own trading purpose, and you agree not to redistribute our prices to any other person whether such redistribution is for commercial or other purposes.
14.913.9. You acknowledge that each Transaction is made for a specified number of units that constitute the Underlying Asset. You may only complete Transactions on the Trading Platform for the minimum number of units as set forth on the Trading Platform as the "Unit Amount", and in multiples of such "Unit Amount" up until the maximum amount permitted by the Trading Platform. You acknowledge and agree that we may set, in our sole and absolute discretion, the "Unit Amount" for each Underlying Asset.
14.1013.10. Each Position opened by you, and any Transaction completed, will be binding on you notwithstanding that by opening the Position you may have exceeded any credit or other limit applicable to you or in respect of your dealings with usyou.
14.1113.11. You may request a Quote to open or close a Position for a particular Underlying Asset, at any time during the Trading Hours for such Underlying Asset. We will be under no obligation to but may, in our absolute discretion, provide a Quote and accept and act on your offer to open or close a Position for an Underlying Asset outside of the Trading Hours of such Underlying Asset. In some cases, Transactions may only be traded during the time when the relevant Underlying Market is open. Trading Hours are displayed on the Trading Platform under the details link for each specific Underlying Asset. It is your responsibility to ensure you are aware of which Underlying Asset may be affected.
14.1213.12. Without prejudice to any of our right hereunder, if, prior to the acceptance of your Order to open or close a Position, we become aware that any of the factors set out in paragraph 14.13 13.13 herein, has not been met, we reserve the right to reject your Order outright. If we have, nevertheless, already opened or closed a Position prior to becoming aware that a factor set out in paragraph 14.13 13.13 herein has not been met, we may in our discretion, either treat such a Transaction as void from the outset or close the Open Position at our then prevailing price. However, we may, in our absolute discretion, allow you to open or, as the case may be, close the Open Position in which case you will be bound by the opening or closure of such Position, notwithstanding that the factors in paragraph 14.13 13.13 herein were not satisfied.
14.1313.13. The factors referred to in paragraph 14.12 13.12 include the following:
(a) the quote must be obtained via the Trading Platform or by such other means as we may from time to time notify you;
(b) your offer to open or close the Position must be given while the quote is still valid;
(c) the Quote must not contain a Manifest Error;
(d) when you offer to open a Position, the number of units in respect of which the Transaction is to be opened must be neither smaller than the minimum unit amount specified on the Trading Platform, as applicable, from time to time, nor greater than the amount permitted in accordance with the terms of this Agreement;
(e) when you offer to close part but not all of an open Position both the part of the Position that you offer to close and the part that would remain open if we accepted your offer must not be smaller than the minimum unit amount specified on the Trading Platform;
(f) Force Majeure Event must not have occurred when you offer to open or close a Transaction, which affect the execution of the Transaction;
(g) An Event of Default must not have occurred in respect of you;
(h) when you offer to open any Position, the opening must not result in your exceeding any Initial or Maintenance Margin amount, credit or other limit placed on your dealings;
(i) subject to paragraph 14.12 13.12 herein, your offer must be given to us during the Trading Hours for the applicable Underlying Asset in respect of which you offer to open or close the Position;
(j) the internet connection or communications are not disrupted;
(k) there is no request of regulatory or supervisory authorities of the relevant jurisdiction Vanuatu or a court order to the contrary;
(l) the legality or genuineness of the Order is under not under doubt;
(m) there are Normal Market Conditionsnormal market conditions; and
(n) any other reasonable factor that we, in our sole discretion, notify you from time to time.
14.14. Use of any robots, spiders or other automated data entry system with the Trading Platform is expressly prohibited, unless you receive express written consent by the Company prior to activating the robot. All Transactions must be completed manually by you.
14.1513.14. The Company is under no obligation, unless otherwise agreed in between the AgreementClient and the Company, to monitor or advise the Client on the status of any Transaction or to close out any Client’s Open Positions. When the Company decides to do so, this will be done on a discretionary basis and will not be considered an undertaking of an obligation to continueTransaction. It is the Client’s responsibility to be aware of his positions at all times.
13.15. One or more of the Client’s trades may be affected by a corporate action type event (“Corporate Action”) the occurrence of which may have a dramatic effect on their trade(s) and/or on their trading account generally. A Corporate Action can include but is not limited to:
a) any rights, scrip, bonus, capitalization or other issue or offer of shares, warrants or options
b) any acquisition or cancellation of own shares by the issuer any reduction, subdivision, consolidation or reclassification of share capital
c) any distribution of cash or shares, including any payment of dividend
d) a take-over or merger offer
e) any amalgamation or reconstruction affecting the shares concerned The Company will undertake any actions that it considers reasonable and necessary to give effect to the Corporate Action as it relates to the Client’s CFD trade(s). The actions the Company may take upon the occurrence of a Corporate Action are as follows:
a) the Client’s trading account may be credited or debited with an amount due b) the Client’s open trades and/or working Orders including any Take Profit or Stop Loss Orders may be adjusted, closed or cancelled to reflect the terms of the Corporate Action
c) one or more new trades may be opened on the Client’s trading account, as soon as practicable and as a result of the corporate event
d) the Company may increase the margin factor in relation to the affected trade(s)
e) the Company may restrict access to the trading account so that the Client is not able to close one or more of the affected trades until after the Corporate Action has passed. The Company recommends that before Clients open a trade with the Company they carry out their own research into whether the trade that they intend to open is liable to be the subject of a Corporate Action and if so the likely effect of that action on the trade that they wish to open. The Client is responsible to ensure that sufficient amount of funds, is placed in the client’s account in order to make any additional transactions in financial instruments pursuant to the corporate action. The Company is not obliged to take any action on the client’s behalf if there no sufficient funds in place to proceed with such an action.
Appears in 2 contracts
Samples: Client Agreement, Client Agreement
GENERAL RULES OF TRADING. 14.18.1. Without prejudice to any other provisions herein and in particular paragraph 14.13 of this Agreement, once All Orders placed by the Client places an Order on shall be transmitted for execution to another party (Liquidity Provider) hence Eurotrade SA shall not be executing your Orders as a counterparty in the Trading Platform, the Company arranges for the execution of the said Order with the Execution Venue according to the Summary of Best Interest and Order Execution Policy, found on the Company’s Website. It is understood that the Company executes the Client Orders in CFDs as an agent, i.e. the Company executes Client’s orders in third party Execution Venue(s)Transaction against you.
14.28.2. You acknowledge and agree that each Transaction conducted on the Trading Platform, including the placing of an Order, is comprised of first first, an offer by you to us to complete a Transaction (whether such offer is to open a Position Transaction or close an Open Positionopen Transaction) at a certain price quoted on the Trading Platform, and our subsequent acceptance of your offer. An Offer A Transaction will be deemed to have been completed only when your offer has been received and accepted by us. Our acceptance of an offer will be evidenced by our confirmation of its terms to you and its completion.
14.38.3. We will be under no obligation to, but may in our absolute discretion, provide quotes for, or accept, execute or cancel, all or any part of a Transaction that you have requested through the Trading Platform without giving any reason. You may request to cancel or amend a Transaction at any time prior to our completing such a Transaction. We shall be entitled, but not obliged, to accept such a request at our sole discretion.
14.48.4. We reserve the right to void from the outset any Transaction containing or based on any Manifest Error. In the absence of our fraud or wilful willful default, we will not be liable to you for any loss, cost, claim, demand or expense following any Manifest Error.
14.58.5. You acknowledge that all prices and quotes shown on the Trading Platform are indicative only of actual trading prices in Normal Market Size and are subject to constant change. Eurotrade SA provides quotes by taking into account the Underlying Asset price, but this does not mean that these quotes are within any specific percentage of the Underlying Asset price. When the relevant Underlying Market is closed, the quotes provided by Eurotrade SA will reflect what Eurotrade SA thinks to be the current Bid and Ask price of the relevant Underlying Asset at that time.
8.6. You shall comply with any restrictions that we notify to you from time to time with respect to your activities on the Trading Platform, including without limitation, the size of Transactions or other conditions that may apply to our Quotequote. You acknowledge that we may offer to and impose on each Clientuser, in our sole discretion, different terms and restrictions with respect to their use of the Trading Platform.
14.68.7. You acknowledge that the Trading Platform is independent of any Underlying Markets and we are under no obligation to quote a particular price or follow the trading rules consistent with such Underlying Markets. You further acknowledge that the triggering of your Order Transaction is linked to the prices quoted we quote on the Trading Platform, not the prices quoted elsewhere on the relevant Underlying Markets and the Company does not guarantee that when executing an Order its price will be more favourable than one which might be available elsewhereMarkets. In determining whether the prices quoted on the Trading Platform reach or exceed the price accepted by us in a Transaction, we will be entitled (but not obliged), in our absolute discretion, to disregard any prices quoted on our Platform by us during any pre-market, post-market or intra-day auction periods in the relevant Underlying Markets, during any intra-day intraday or other period of suspension in the relevant Underlying Markets, or during any other period that in our reasonable opinion may give rise to short-short- term price spikes or other distortions. Our prices may differ from the current prices on the relevant Underlying Markets Markets, and you acknowledge that a Transaction A transaction may be triggered even though:
(a) an An Underlying Market never traded at the level of your Transaction; or
(b) the The Underlying Market did trade at the level of your Transaction but for such a short period that it would have been impractical to execute an equivalent transaction on the Underlying Markets.
14.78.8. When you place an Order complete a Transaction on the Trading Platform, you agree that you are not dealing with a recognised recognized exchange.
14.88.9. You acknowledge that any prices quoted on the Trading Platform are set by the Liquidity Provider at its reasonable discretion, taking into account a variety of factors including prevailing market conditions and trading demand on the Trading Platform. You undertake and agree not to use the prices quoted on the Trading Platform for any purpose other than for your own trading purpose, and you agree not to redistribute our prices to any other person whether such redistribution is for commercial or other purposes.
14.98.10. You acknowledge that each Transaction is made for a specified number of units that that] constitute the Underlying Asset. You may only complete Transactions on the Trading Platform for the minimum number of units as set forth on the Trading Platform as the "Unit Amount", and in multiples of such "Unit Amount" up until the maximum amount permitted by by] the Trading Platform. You acknowledge and agree that we may set, in our sole and absolute discretion, the "Unit Amount" for each Underlying Asset.
14.108.11. Each Position Transaction opened by you, and any Transaction completed, will be binding on you notwithstanding that by opening the Position Transaction you may have exceeded any credit or other limit applicable to you or in respect of your dealings with us.
14.118.12. You Subject to Paragraph 8.15 you may request a Quote quote to open or close a Position for Transactionfor a particular Underlying Asset, at any time during the Trading Hours for such Underlying Asset. We will be under no obligation to but may, in our absolute discretion, provide a Quote quote and accept and act on your offer to open or close a Position Transaction for an Underlying anUnderlying Asset outside of the Trading Hours of such Underlying Asset. In some cases, Transactions may only be traded during the time when the relevant Underlying Market where the Underlying Asset traded is open. Trading Hours are displayed on the Trading Platform under the details link for each specific Underlying Asset. It is your responsibility to ensure toensure you are aware of which Underlying Asset may be affected.
14.128.13. Without prejudice to any of our right hereunder, if, prior to the acceptance of your Order offer to open or close a PositionTransaction, we become aware that any of the factors set out in paragraph 14.13 herein, has Paragraph 8.14 have not been met, we reserve the right to reject your Order offer outright. If we have, nevertheless, already opened or closed a Position Transaction prior to becoming aware that a factor set out in paragraph 14.13 herein Paragraph 8.14 has not been met, we may may, in our absolute discretion, either treat such a Transaction as void from the outset or close the Open Position it at our then prevailing price. However, we may, in our absolute discretion, allow you to open or, as the case may be, close the Open Position Transaction in which case you will be bound by the opening or closure of such PositionTransaction, notwithstanding that the factors in paragraph 14.13 herein Paragraph 8.14 were not satisfied.
14.138.14. The factors referred to in paragraph 14.12 Paragraph 8.13 include the following:
(a) the quote must be obtained via the Trading Platform or by such other means as we may from time to time notify you;
(b) your offer to open or close the Position Transaction must be given while the quote is still valid;
(c) the Quote quote must not contain a Manifest Error;
(d) when you offer to open a PositionTransaction, the number of units in respect of which the Transaction is to be opened must be neither smaller than the minimum unit amount specified on the Trading PlatformPlatform for the Instrument, as applicable, from time to time, nor greater than the amount permitted in accordance with the terms of this Agreement;
(e) when you offer to close part but not all of an open Position Transaction both the part of the Position Transaction that you offer to close and the part that would remain open if we accepted your offer must not be smaller than the minimum unit amount specified on the Trading Platform;
(f) Force Majeure Event must not have occurred when you offer to open or close a Transaction, which affect the execution of the Transaction;
(g) An an Event of Default must not have occurred in respect of you;
(h) when you offer to open any PositionTransaction, the opening of the Transaction must not result in your exceeding any Initial initial or Maintenance Margin maintenance margin amount, credit or other limit placed on your dealings;
(i) subject to paragraph 14.12 hereinParagraph 8.12, your offer must be given to us during the Trading Hours for the applicable Underlying Asset in respect of which you offer to open or close the PositionTransaction;
(j) the internet connection or communications are not disrupted;
(k) there is no request of regulatory or supervisory authorities of the relevant jurisdiction South Africa or a court order to the contrary;
(lI) the legality or genuineness of the Order is under not under doubt;
(m) there are Normal Market Conditions; and
(n) any other reasonable factor that we, in our sole discretion, notify you from time to time.
14.14. Use of any robots, spiders or other automated data entry system with the Trading Platform is expressly prohibited, unless you receive express written consent by the Company prior to activating the robot. All Transactions must be completed manually by you.
14.15. The Company is under no obligation, unless otherwise agreed in the Agreement, to monitor or advise the Client on the status of any Transaction or to close out any Client’s Open Positions. When the Company decides to do so, this will be done on a discretionary basis and will not be considered an undertaking of an obligation to continue. It is the Client’s responsibility to be aware of his positions at all times.
Appears in 2 contracts
Samples: Account Opening Agreement, Account Opening Agreement
GENERAL RULES OF TRADING. 14.18.1. Without prejudice to any other provisions herein and in particular paragraph 14.13 of this Agreement, once All Orders placed by the Client places an Order on the Trading Platform, shall be transmitted for execution to another party (Liquidity Provider) hence the Company arranges for shall not be executing your Orders as counterparty in the execution of the said Order with the Execution Venue according to the Summary of Best Interest and Order Execution Policy, found on the Company’s Website. It is understood that the Company executes the Client Orders in CFDs as an agent, i.e. the Company executes Client’s orders in third party Execution Venue(s)Transaction against you.
14.28.2. You acknowledge and agree that each Transaction conducted on the Trading Platform, including the placing of an Order, is comprised of first first, an offer by you to us to complete a Transaction (whether such offer is to open a Position Transaction or close an Open Positionopen Transaction) at a certain price quoted on the Trading Platform, and our subsequent acceptance of your offer. An Offer A Transaction will be deemed to have been completed only when your offer has been received and accepted by us. Our acceptance of an offer will be evidenced by our confirmation of its terms to you and its completion.
14.38.3. We will be under no obligation to, but may in our absolute discretion, provide quotes for, or accept, execute or cancel, all or any part of a Transaction that you have requested through the Trading Platform without giving any reason. You may request to cancel or amend a Transaction at any time prior to our completing such a Transaction. We shall be entitled, but not obliged, to accept such a request in our sole discretion.
14.48.4. We reserve the right to void from the outset any Transaction containing or based on any Manifest Error. In the absence of our fraud or wilful default, we will not be liable to you for any loss, cost, claim, demand or expense following any Manifest Error.
14.58.5. You acknowledge that all prices and quotes shown on the Trading Platform are indicative only of actual trading prices in normal market size and are subject to constant change. The Company provides quotes by taking into account the Underlying Asset price, but this does not mean that these quotes are within any specific percentage of the Underlying Asset price. When the relevant Underlying Market is closed, the quotes provided by the Company will reflect what the Company thinks to be the current Bid and Ask price of the relevant Underlying Asset at that time.
8.6. You shall comply with any restrictions that we notify to you from time to time with respect to your activities on the Trading Platform, including without limitation, the size of Transactions or other conditions that may apply to our Quotequote. You acknowledge that we may offer to and impose on each Clientuser, in our sole discretion, different terms and restrictions with respect to their use of the Trading Platform.
14.68.7. You acknowledge that the Trading Platform is independent of any Underlying Markets and we are under no obligation to quote a particular price or follow the trading rules consistent with such Underlying Markets. You further acknowledge that the triggering of your Order Transaction is linked to the prices quoted we quote on the Trading Platform, not the prices quoted elsewhere on the relevant Underlying Markets and the Company does not guarantee that when executing an Order its price will be more favourable than one which might be available elsewhereMarkets. In determining whether the prices quoted on the Trading Platform reach or exceed the price accepted by us in a Transaction, we will be entitled (but not obliged), in our absolute discretion, to disregard any prices quoted on our Platform by us during any pre-pre- market, post-market or intra-day auction periods in the relevant Underlying Markets, during any intra-day or other period of suspension in the relevant Underlying Markets, or during any other period that in our reasonable opinion may give rise to short-short- term price spikes or other distortions. Our prices may differ from the current prices on the relevant Underlying Markets and you acknowledge that a Transaction may be triggered even though:
(a) an a. An Underlying Market never traded at the level of your Transaction; or
(b) the b. The Underlying Market did trade at the level of your Transaction but for such a short period that it would have been impractical to execute an equivalent transaction on the Underlying Markets.
14.78.8. When you place an Order complete a Transaction on the Trading Platform, you agree that you are not dealing on a recognised recognized exchange.
14.88.9. You acknowledge that any prices quoted on the Trading Platform are set by the Liquidity Provider in its reasonable discretion, taking into account a variety of factors including prevailing market conditions and trading demand on the Trading Platform. You undertake and agree not to use the prices quoted on the Trading Platform for any purpose other than for your own trading purpose, and you agree not to redistribute our prices to any other person whether such redistribution is for commercial or other purposes.
14.98.10. You acknowledge that each Transaction is made for a specified number of units that constitute the Underlying Asset. You may only complete Transactions on the Trading Platform for the minimum number of units as set forth on the Trading Platform as the "“Unit Amount"”, and in multiples of such "“Unit Amount" ” up until the maximum amount permitted by the Trading Platform. You acknowledge and agree that we may set, in our sole and absolute discretion, the "“Unit Amount" ” for each Underlying Asset.
14.108.11. Each Position Transaction opened by you, and any Transaction completed, will be binding on you notwithstanding that by opening the Position Transaction you may have exceeded any credit or other limit applicable to you or in respect of your dealings with us.
14.118.12. You Subject to Paragraph 8.15 you may request a Quote quote to open or close a Position Transaction for a particular Underlying Asset, at any time during the Trading Hours for such Underlying Asset. We will be under no obligation to but may, in our absolute discretion, provide a Quote quote and accept and act on your offer to open or close a Position Transaction for an Underlying Asset outside of the Trading Hours of such Underlying Asset. In some cases, cases Transactions may only be traded during the time when the relevant Underlying Market where the Underlying Asset traded is open. Trading Hours are displayed on the Trading Platform under the details link for each specific Underlying Asset. It is your responsibility to ensure you are aware of which Underlying Asset may be affected.
14.128.13. Without prejudice to any of our right hereunder, if, prior to the acceptance of your Order offer to open or close a PositionTransaction, we become aware that any of the factors set out in paragraph 14.13 herein, has not been met, we reserve the right to reject your Order outright. If we have, nevertheless, already opened or closed a Position prior to becoming aware that a factor set out in paragraph 14.13 herein has not been met, we may in our discretion, either treat such a Transaction as void from the outset or close the Open Position at our then prevailing price. However, we may, in our absolute discretion, allow you to open or, as the case may be, close the Open Position in which case you will be bound by the opening or closure of such Position, notwithstanding that the factors in paragraph 14.13 herein were not satisfied.
14.13. The factors referred to in paragraph 14.12 include the following:
(a) the quote must be obtained via the Trading Platform or by such other means as we may from time to time notify you;
(b) your offer to open or close the Position must be given while the quote is still valid;
(c) the Quote must not contain a Manifest Error;
(d) when you offer to open a Position, the number of units in respect of which the Transaction is to be opened must be neither smaller than the minimum unit amount specified on the Trading Platform, as applicable, from time to time, nor greater than the amount permitted in accordance with the terms of this Agreement;
(e) when you offer to close part but not all of an open Position both the part of the Position that you offer to close and the part that would remain open if we accepted your offer must not be smaller than the minimum unit amount specified on the Trading Platform;
(f) Force Majeure Event must not have occurred when you offer to open or close a Transaction, which affect the execution of the Transaction;
(g) An Event of Default must not have occurred in respect of you;
(h) when you offer to open any Position, the opening must not result in your exceeding any Initial or Maintenance Margin amount, credit or other limit placed on your dealings;
(i) subject to paragraph 14.12 herein, your offer must be given to us during the Trading Hours for the applicable Underlying Asset in respect of which you offer to open or close the Position;
(j) the internet connection or communications are not disrupted;
(k) there is no request of regulatory or supervisory authorities of the relevant jurisdiction or a court order to the contrary;
(l) the legality or genuineness of the Order is under not under doubt;
(m) there are Normal Market Conditions; and
(n) any other reasonable factor that we, in our sole discretion, notify you from time to time.
14.14. Use of any robots, spiders or other automated data entry system with the Trading Platform is expressly prohibited, unless you receive express written consent by the Company prior to activating the robot. All Transactions must be completed manually by you.
14.15. The Company is under no obligation, unless otherwise agreed in the Agreement, to monitor or advise the Client on the status of any Transaction or to close out any Client’s Open Positions. When the Company decides to do so, this will be done on a discretionary basis and will not be considered an undertaking of an obligation to continue. It is the Client’s responsibility to be aware of his positions at all times.Paragraph
Appears in 2 contracts
Samples: Client Agreement, Client Agreement
GENERAL RULES OF TRADING. 14.115.1. Without prejudice to any other provisions herein and in particular paragraph 14.13 15.14 of this Client Agreement, once the Client places an Order on the Trading Platform, the Company arranges for the execution of the said Order with the Execution Venue according to the Summary of Best Interest and Order Execution Policy, found on the Company’s Website. It is understood that the Company executes does not execute the Client Orders in CFDs as an agenta principal to principal against the Client, i.e. the Company executes Client’s orders is not itself the Execution Venue (as defined in third party Execution Venue(s)Commission Directive 2006/73/EC implementing MiFID) for the execution of the Client Orders.
14.215.2. You acknowledge and agree that each Transaction conducted on the Trading Platform, is comprised of first an offer by you to us to complete a Transaction (whether such offer is to open a Position or close an Open Position) at a certain price quoted on the Trading Platform, and our subsequent acceptance of your offer. An Offer will be deemed to have been completed only when your offer has been received and accepted by us. Our acceptance of an offer will be evidenced by our confirmation of its terms to you and its completion.
14.315.3. You may request to cancel or amend a Transaction at any time prior to our completing such a Transaction.
14.415.4. We reserve the right to void from the outset any Transaction containing or based on any Manifest Error. In the absence of our fraud or wilful default, we will not be liable to you for any loss, cost, claim, demand or expense following any Manifest Error.
14.515.5. You acknowledge that all of our prices and Quotes shown on the Trading Platform are the ones provided by the Company’s Execution Venue. The Execution Venue obtains prices (BID and ASK prices) of the Underlying Asset for a given CFD from third party reputable external reference sources (i.e. price feeders). The Execution Venue then uses these prices to calculate their own tradable prices for a given CFD and provide them to the Company.
15.6. You shall comply with any restrictions that we notify to you from time to time with respect to your activities on the Trading Platform, including without limitation, the size of Transactions or other conditions that may apply to our Quote. You acknowledge that we may offer to and impose on each Client, in our sole discretion, different terms and restrictions with respect to their use of the Trading Platform.
14.615.7. You acknowledge that the Trading Platform is independent of any Underlying Markets and we are under no obligation to quote a particular price or follow the trading rules consistent with such Underlying Markets. You further acknowledge that the triggering of your Order is linked to the prices quoted on the Trading Platform, not the prices quoted elsewhere on the relevant Underlying Markets and the Company does not guarantee that when executing an Order its price will be more favourable than one which might be available elsewhere. In determining whether the prices quoted on the Trading Platform reach or exceed the price accepted by us in a Transaction, we will be entitled (but not obliged), in our absolute discretion, to disregard any prices quoted on our Platform during any pre-market, post-market or intra-day auction periods in the relevant Underlying Markets, during any intra-day or other period of suspension in the relevant Underlying Markets, or during any other period that in our reasonable opinion may give rise to short-term price spikes or other distortions. Our prices may differ from the current prices on the relevant Underlying Markets and you acknowledge that a Transaction may be triggered even though:
(a) a. an Underlying Market never traded at the level of your Transaction; or
(b) b. the Underlying Market did trade at the level of your Transaction but for such a short period that it would have been impractical to execute an equivalent transaction on the Underlying Markets.
14.715.8. When you place an Order on the Trading Platform, you agree that you are not dealing a recognised recognized exchange.
14.815.9. You undertake and agree not to use the prices quoted on the Trading Platform for any purpose other than for your own trading purpose, and you agree not to redistribute our prices to any other person whether such redistribution is for commercial or other purposes.
14.915.10. You acknowledge that each Transaction is made for a specified number of units that constitute the Underlying Asset. You may only complete Transactions on the Trading Platform for the minimum number of units as set forth on the Trading Platform as the "Unit Amount", and in multiples of such "Unit Amount" up until the maximum amount permitted by the Trading Platform. You acknowledge and agree that we may set, in our sole and absolute discretion, the "Unit Amount" for each Underlying Asset.
14.1015.11. Each Position opened by you, and any Transaction completed, will be binding on you notwithstanding that by opening the Position you may have exceeded any credit or other limit applicable to you or in respect of your dealings with us.
14.1115.12. You may request a Quote to open or close a Position for a particular Underlying Asset, at any time during the Trading Hours for such Underlying Asset. We will be under no obligation to but may, in our absolute discretion, provide a Quote and accept and act on your offer to open or close a Position for an Underlying Asset outside of the Trading Hours of such Underlying Asset. In some cases, Transactions may only be traded during the time when the relevant Underlying Market is open. Trading Hours are displayed on the Trading Platform under the details link for each specific Underlying Asset. It is your responsibility to ensure you are aware of which Underlying Asset may be affected.
14.1215.13. Without prejudice to any of our right hereunder, if, prior to the acceptance of your Order to open or close a Position, we become aware that any of the factors set out in paragraph 14.13 herein, has 15.14 herein have not been met, we reserve the right to reject your Order outright. If we have, nevertheless, already opened or closed a Position prior to becoming aware that a factor set out in paragraph 14.13 15.14 herein has not been met, we may ,e in our discretion, either treat such a Transaction as void from the outset or close the Open Position at our then prevailing price. However, we may, in our absolute discretion, allow you to open or, as the case may be, close the Open Position in which case you will be bound by the opening or closure of such Position, notwithstanding that the factors in paragraph 14.13 15.14 herein were not satisfied.
14.1315.14. The factors referred to in paragraph 14.12 15.13 include the following:
(a) a. the quote must be obtained via the Trading Platform or by such other means as we may from time to time notify you;
(b) b. your offer to open or close the Position must be given while the quote is still valid;
(c) c. the Quote must not contain a Manifest Error;
(d) d. when you offer to open a Position, the number of units in respect of which the Transaction is to be opened must be neither smaller than the minimum unit amount specified on the Trading Platform, as applicable, from time to time, nor greater than the amount permitted in accordance with the terms of this Agreement;
(e) e. when you offer to close part but not all of an open Position both the part of the Position that you offer to close and the part that would remain open if we accepted your offer must not be smaller than the minimum unit amount specified on the Trading Platform;
(f) f. Force Majeure Event must not have occurred when you offer to open or close a Transaction, which affect the execution of the Transaction;
(g) g. An Event of Default must not have occurred in respect of you;
(h) h. when you offer to open any Position, the opening must not result in your exceeding any Initial or Maintenance Margin amount, credit or other limit placed on your dealings;
(i) i. subject to paragraph 14.12 15.12 herein, your offer must be given to us during the Trading Hours for the applicable Underlying Asset in respect of which you offer to open or close the Position;
(j) j. the internet connection or communications are not disrupted;
(k) k. there is no request of regulatory or supervisory authorities of the relevant jurisdiction Cyprus or a court order to the contrary;
(l) l. the legality or genuineness of the Order is under not under doubt;
(m) ; m. there are Normal Market Conditions; and
(n) any other reasonable factor that we, in our sole discretion, notify you from time to time.
14.14. Use of any robots, spiders or other automated data entry system with the Trading Platform is expressly prohibited, unless you receive express written consent by the Company prior to activating the robot. All Transactions must be completed manually by you.
14.15. The Company is under no obligation, unless otherwise agreed in the Agreement, to monitor or advise the Client on the status of any Transaction or to close out any Client’s Open Positions. When the Company decides to do so, this will be done on a discretionary basis and will not be considered an undertaking of an obligation to continue. It is the Client’s responsibility to be aware of his positions at all times.
Appears in 2 contracts
Samples: Client Agreement, Client Agreement
GENERAL RULES OF TRADING. 14.115.1. Without prejudice to any other provisions herein and in particular paragraph 14.13 of this Client Agreement, once the Client places an Order on the Trading Platform, the Company arranges for the execution of the said Order with the Execution Venue according to the Summary of Best Interest and Order Execution Policy, found on the Company’s WebsiteVenue. It is understood that the Company executes does not execute the Client Orders in CFDs as an agenta principal to principal against the Client, i.e. the Company executes Client’s orders in third party is not itself the Execution Venue(s)Venue for the execution of the Client Orders.
14.215.2. You acknowledge and agree that each Transaction conducted on the Trading Platform, is comprised of first an offer by you to us to complete a Transaction (whether such offer is to open a Position or close an Open Position) at a certain price quoted on the Trading Platform, and our subsequent acceptance of your offer. An Offer will be deemed to have been completed only when your offer it has been received and accepted by us. Our acceptance of an offer will be evidenced by our confirmation of its terms to you and its completion.
14.315.3. You may request to cancel or amend a Transaction at any time time, prior to our completing such a Transaction.
14.415.4. We reserve the right to void from the outset any Transaction containing or based on any Manifest Error. In the absence of our fraud or wilful willful default, we will not be liable to you for any loss, cost, claim, demand or expense following any Manifest Error.
14.515.5. You acknowledge that all of our prices and Quotes shown on the Trading Platform are the ones provided by the Company’s Execution Venue. The Execution Venue obtains prices (BID and ASK prices) of the Underlying Asset for a given CFD from third party reputable external reference sources (i.e. price feeders). The Execution Venue then uses these prices to calculate their own tradable prices for a given CFD and provide them to the Company.
15.6. You shall comply with any restrictions that we notify to you from time to time with respect to your activities on the Trading Platform, including without limitation, the size of Transactions or other conditions that may apply to our Quotequote. You acknowledge that we may offer to and impose on each Clientuser, in our sole discretion, different terms and restrictions with respect to their use of the Trading Platform.
14.615.7. You acknowledge that the Trading Platform is independent of any Underlying Markets Markets, and we are under no obligation to quote a particular price or follow the trading rules consistent with such Underlying Markets. You further acknowledge that the triggering of your Order Transaction is linked to the prices quoted we quote on the Trading Platform, not the prices quoted elsewhere on the relevant Underlying Markets and the Company does not guarantee that when executing an Order its price will be more favourable than one which might be available elsewhereMarkets. In determining whether the prices quoted on the Trading Platform reach or exceed the price accepted by us in a Transaction, we will be entitled (but not obliged), in our absolute discretion, to disregard any prices quoted on our Platform by us during any pre-market, post-market or intra-day auction periods in the relevant Underlying Markets, during any intra-day or other period of suspension in the relevant Underlying Markets, or during any other period that in our reasonable opinion may give rise to short-short- term price spikes or other distortions. Our prices may differ from the current prices on the relevant Underlying Markets and you acknowledge that a Transaction may be triggered even though:
(a) an Underlying Market never traded at the level of your Transaction; or
(b) the Underlying Market did trade at the level of your Transaction but for such a short period that it would have been impractical to execute an equivalent transaction on the Underlying Markets.
14.715.8. When you place an Order complete a Transaction on the Trading Platform, you agree that you are not dealing on a recognised recognized exchange.
14.815.9. You undertake and agree not to use the prices quoted on the Trading Platform for any purpose other than for your own trading purpose, and you agree not to redistribute our prices to any other person whether such redistribution is for commercial or other purposes.
14.915.10. You acknowledge that each Transaction is made for a specified number of units that constitute the Underlying Asset. You may only complete Transactions on the Trading Platform for the minimum number of units as set forth on the Trading Platform as the "Unit Amount", and in multiples of such "Unit Amount" up until the maximum amount permitted by the Trading Platform. You acknowledge and agree that we may set, in our sole and absolute discretion, the "Unit Amount" for each Underlying Asset.
14.1015.11. Each Position opened by you, and any Transaction completed, will be binding on you notwithstanding that by opening the Position you may have exceeded any credit or other limit applicable to you or in respect of your dealings with us.
14.1115.12. You may request a Quote to open or close a Position for a particular Underlying Asset, at any time during the Trading Hours for such Underlying Asset. We will be under no obligation to to, but may, in our absolute discretion, provide a Quote and accept and act on your offer to open or close a Position for an Underlying Asset outside of the Trading Hours of such Underlying Asset. In some cases, Transactions may only be traded during the time when the relevant Underlying Market is open. Trading Hours are displayed on the Trading Platform under the details link for each specific Underlying Asset. It is your responsibility to ensure that you are aware of which Underlying Asset may be affected.
14.1215.13. Without prejudice to any of our right hereunder, if, prior to the acceptance of your Order to open or close a PositionTransaction, we become aware that any of the factors set out in paragraph 14.13 herein, has 15.14 herein have not been met, we reserve the right to reject your Order outright. If we have, nevertheless, already opened or closed a Position Transaction prior to becoming aware that a factor set out in paragraph 14.13 15.14 herein has not been met, we may may, in our discretion, either treat such a Transaction as void from the outset or close the Open Position it at our then prevailing price. However, we may, in our absolute discretion, allow you to open or, as the case may be, close the Open Position Transaction in which case you will be bound by the opening or closure of such PositionTransaction, notwithstanding that the factors in paragraph 14.13 herein 15.14 were not satisfied.
14.1315.14. The factors referred to in paragraph 14.12 15.13 include the following:
(a) : ● the quote must be obtained via the Trading Platform or by such other means as we may from time to time notify you;
(b) . ● your offer to open or close the Position Transaction must be given while the quote is still valid;
(c) . ● the Quote quote must not contain a Manifest Error;
(d) . ● when you offer to open a PositionTransaction, the number of units in respect of which the Transaction is to be opened must be neither smaller than the minimum unit amount specified on the Trading PlatformPlatform for the Instrument, as applicable, from time to time, nor greater than the amount permitted in accordance with the terms of this Agreement;
(e) . ● when you offer to close part but not all of an open Position Transaction both the part of the Position Transaction that you offer to close and the part that would remain open if we accepted your offer must not be smaller than the minimum unit amount specified on the Trading Platform;
(f) . ● Force Majeure Event must not have occurred when you offer to open or close a Transaction, which affect the execution of the Transaction;
(g) An . ● an Event of Default must not have occurred in respect of you;
(h) . ● when you offer to open any PositionTransaction, the opening of the Transaction must not result in your exceeding any Initial initial or Maintenance Margin maintenance margin amount, credit or other limit placed on your dealings;
(i) . ● subject to paragraph 14.12 herein15.12, your our offer must be given to us during the Trading Hours for the applicable Underlying Asset in respect of which you offer to open or close the Position;
(j) Transaction. ● the internet connection or communications are not disrupted;
(k) . ● there is no request of regulatory or supervisory authorities of the relevant jurisdiction South Africa or a court order to the contrary;
(l) . ● the legality or genuineness of the Order is under not under doubt;
(m) . ● there are Normal Market Conditions; and
(n) and ● any other reasonable factor that we, in our sole discretion, notify you from time to time.
14.1415.16. Use Certain third-party companies may make available computerized solutions that facilitate the entry of trading orders or the execution of other activities on the Trading Platform (e.g. "trading robots") and/or allow for algorithm-based trading ("Robots" and/or "Robot Trading"). The use of any robots, spiders or other automated data entry system Robots and/or Robot Trading with the Trading Platform is expressly prohibited, unless you receive express written consent in no way sanctioned by the Company prior and is at the Client's sole risk and responsibility. The Company makes no representations or warranties about the effectiveness, accuracy, functionality, performance, integrity, freedom-from-error or any other feature of any such Robots or Robot Trading solutions. Clients expressly acknowledge that the use of any Robots or engaging in Robot Trading is extremely risky and hereby absolve the company of liability for any damage caused as a result of the use of Robots and or Robot Trading. Any Transaction completed through the use of a Robot or through Robot Trading shall be considered to activating have been executed by the robotClient. All Transactions must be completed manually by youThe Company is under no obligation to facilitate the use of any Robot or to make available Robot Trading on the Trading Platform.
14.1515.17. The Company is under no obligation, unless otherwise agreed in the Agreement, to monitor or advise the Client on the status of any Transaction or to close out any Client’s Open Positions. When the Company decides to do so, other than in order to enforce the Negative Balance Protection, this will be done on a discretionary basis and will not be considered an undertaking of an obligation to continue. It is the Client’s responsibility to be aware of his positions at all times.
15.18. If any Underlying Asset which is a security becomes subject to possible adjustments as a result of any of the events set out in section 15.19 (referred to as “Corporate Event”), the Company will determine the appropriate adjustment, if any, to be made to the opening/closing price, size, value and/or quantity of the corresponding Transaction (and also the level or size of the corresponding orders). This action is made in order to (i) account for the diluting or concentrating effect necessary to preserve the economic equivalent of the rights and obligations of the parties under that transaction immediately prior to that Corporate Event, and/or (ii) replicate the effect of the Corporate Event upon someone with an interest in the relevant Underlying Asset security, to be effective from the date determined by the Company.
15.19. The events to which paragraph 15.18 refers to are any of the following, by the declaration of the issuer of a security:
a. A subdivision, consolidation or reclassification of shares, a share buy-back or cancellation, or a free distribution of bonus shares to existing shareholders, capitalization or share split or reverse share split or similar event.
b. A distribution to existing holders of the shares or additional shares, other share capital or securities, granting the right to payment of dividends and/or proceeds from the liquidation of the issuer equally proportionate to such payments to holders of the underlying shares, securities, or warrants granting the right to receive or purchase shares for less than the current market price per share.
c. Any other event regarding shares analogous to any of the above events or otherwise having a diluting or concentrating effect on the market value of shares.
d. Any event analogous to any of the above events or otherwise having a diluting or concentrating effect on the market value of any security not based on shares; or
e. Any event that is caused by a merger offer made regarding the company of the underlying asset.
15.20. If any Underlying Asset which is a security becomes subject to a specific risk resulting in a predicted fall in value, the Company reserves the right to restrict short selling or even withdraw the specific Underlying Asset from the Trading Platform.
15.21. Determination of any adjustment or amendment to the opening/closing price, size, value and/or quantity of the Transaction (and/or level or size of any order) shall be at the Company’s sole discretion and shall be conclusive and binding upon the Client. The Company shall inform the Client of any adjustment or amendment via its internal mail as soon as is reasonably practicable.
15.22. In the case where the Client deliberately attempts to take advantage of the fact that shares in a particular Spot Index going ex-dividend, the Company reserves the right to apply a dividend adjustment in the form of commission without prior notice or consent. In the case of short positions, the dividend adjustment will be debited from the client’s account where dividend adjustments = Index Dividend declared x position size in Lots.
Appears in 1 contract
Samples: Client Agreement
GENERAL RULES OF TRADING. 14.18.1. Without prejudice to any other provisions herein and in particular paragraph 14.13 of this Agreement, once All Orders placed by the Client places an Order on the Trading Platform, shall be transmitted for execution to another party (Liquidity Provider) hence the Company arranges for shall not be executing your Orders as counterparty in the execution of the said Order with the Execution Venue according to the Summary of Best Interest and Order Execution Policy, found on the Company’s Website. It is understood that the Company executes the Client Orders in CFDs as an agent, i.e. the Company executes Client’s orders in third party Execution Venue(s)Transaction against you.
14.28.2. You acknowledge and agree that each Transaction conducted on the Trading Platform, including the placing of an Order, is comprised of first first, an offer by you to us to complete a Transaction (whether such offer is to open a Position Transaction or close an Open Positionopen Transaction) at a certain price quoted on the Trading Platform, and our subsequent acceptance of your offer. An Offer A Transaction will be deemed to have been completed only when your offer has been received and accepted by us. Our acceptance of an offer will be evidenced by our confirmation of its terms to you and its completion.
14.38.3. We will be under no obligation to, but may in our absolute discretion, provide quotes for, or accept, execute or cancel, all or any part of a Transaction that you have requested through the Trading Platform without giving any reason. You may request to cancel or amend a Transaction at any time prior to our completing such a Transaction. We shall be entitled, but not obliged, to accept such a request in our sole discretion.
14.48.4. We reserve the right to void from the outset any Transaction containing or based on any Manifest Error. In the absence of our fraud or wilful willful default, we will not be liable to you for any loss, cost, claim, demand or expense following any Manifest Error.
14.58.5. You acknowledge that all prices and quotes shown on the Trading Platform are indicative only of actual trading prices in Normal Market Size and are subject to constant change. The Company provides quotes by taking into account the Underlying Asset price, but this does not mean that these quotes are within any specific percentage of the Underlying Asset price. When the relevant Underlying Market is closed, the quotes provided by the Company will reflect what the Company thinks to be the current Bid and Ask price of the relevant Underlying Asset at that time.
8.6. You shall comply with any restrictions that we notify to you from time to time with respect to your activities on the Trading Platform, including without limitation, the size of Transactions or other conditions that may apply to our Quotequote. You acknowledge that we may offer to and impose on each Clientuser, in our sole discretion, different terms and restrictions with respect to their use of the Trading Platform.
14.68.7. You acknowledge that the Trading Platform is independent of any Underlying Markets and we are under no obligation to quote a particular price or follow the trading rules consistent with such Underlying Markets. You further acknowledge that the triggering of your Order Transaction is linked to the prices quoted we quote on the Trading Platform, not the prices quoted elsewhere on the relevant Underlying Markets and the Company does not guarantee that when executing an Order its price will be more favourable than one which might be available elsewhereMarkets. In determining whether the prices quoted on the Trading Platform reach or exceed the price accepted by us in a Transaction, we will be entitled (but not obliged), in our absolute discretion, to disregard any prices quoted on our Platform by us during any pre-market, post-post- market or intra-day auction periods in the relevant Underlying Markets, during any intra-day or other period of suspension in the relevant Underlying Markets, or during any other period that in our reasonable opinion may give rise to short-short- term price spikes or other distortions. Our prices may differ from the current prices on the relevant Underlying Markets and you acknowledge that a Transaction may be triggered even though:
(a) an An Underlying Market never traded at the level of your Transaction; or
(b) the The Underlying Market did trade at the level of your Transaction but for such a short period that it would have been impractical to execute an equivalent transaction on the Underlying Markets.
14.78.8. When you place an Order complete a Transaction on the Trading Platform, you agree that you are not dealing a recognised recognized exchange.
14.88.9. You acknowledge that any prices quoted on the Trading Platform are set by the Liquidity Provider in its reasonable discretion, taking into account a variety of factors including prevailing market conditions and trading demand on the Trading Platform. You undertake and agree not to use the prices quoted on the Trading Platform for any purpose other than for your own trading purpose, and you agree not to redistribute our prices to any other person whether such redistribution is for commercial or other purposes.
14.98.10. You acknowledge that each Transaction is made for a specified number of units that constitute the Underlying Asset. You may only complete Transactions on the Trading Platform for the minimum number of units as set forth on the Trading Platform as the "“Unit Amount"”, and in multiples of such "“Unit Amount" ” up until the maximum amount permitted by the Trading Platform. You acknowledge and agree that we may set, in our sole and absolute discretion, the "“Unit Amount" ” for each Underlying Asset.
14.108.11. Each Position Transaction opened by you, and any Transaction completed, will be binding on you notwithstanding that by opening the Position Transaction you may have exceeded any credit or other limit applicable to you or in respect of your dealings with us.
14.118.12. You Subject to Paragraph 8.15 you may request a Quote quote to open or close a Position Transaction for a particular Underlying Asset, at any time during the Trading Hours for such Underlying Asset. We will be under no obligation to but may, in our absolute discretion, provide a Quote quote and accept and act on your offer to open or close a Position Transaction for an Underlying Asset outside of the Trading Hours of such Underlying Asset. In some cases, Transactions may only be traded during the time when the relevant Underlying Market where the Underlying Asset traded is open. Trading Hours are displayed on the Trading Platform under the details link for each specific Underlying Asset. It is your responsibility to ensure you are aware of which Underlying Asset may be affected.
14.128.13. Without prejudice to any of our right hereunder, if, prior to the acceptance of your Order offer to open or close a PositionTransaction, we become aware that any of the factors set out in paragraph 14.13 herein, has Paragraph 8.14 have not been met, we reserve the right to reject your Order offer outright. If we have, nevertheless, already opened or closed a Position Transaction prior to becoming aware that a factor set out in paragraph 14.13 herein Paragraph 8.14 has not been met, we may may, in our absolute discretion, either treat such a Transaction as void from the outset or close the Open Position it at our then prevailing price. However, we may, in our absolute discretion, allow you to open or, as the case may be, close the Open Position Transaction in which case you will be bound by the opening or closure of such PositionTransaction, notwithstanding that the factors in paragraph 14.13 herein Paragraph 8.14 were not satisfied.
14.138.14. The factors referred to in paragraph 14.12 Paragraph 8.13 include the following:
(a) the quote must be obtained via the Trading Platform or by such other means as we may from time to time notify you;
(b) your offer to open or close the Position Transaction must be given while the quote is still valid;
(c) the Quote quote must not contain a Manifest Error;
(d) when you offer to open a PositionTransaction, the number of units in respect of which the Transaction is to be opened must be neither smaller than the minimum unit amount specified on the Trading PlatformPlatform for the Instrument, as applicable, from time to time, nor greater than the amount permitted in accordance with the terms of this Agreement;
(e) when you offer to close part but not all of an open Position Transaction both the part of the Position Transaction that you offer to close and the part that would remain open if we accepted your offer must not be smaller than the minimum unit amount specified on the Trading Platform;
(f) Force Majeure Event must not have occurred when you offer to open or close a Transaction, which affect the execution of the Transaction;
(g) An an Event of Default must not have occurred in respect of you;
(h) when you offer to open any PositionTransaction, the opening of the Transaction must not result in your exceeding any Initial initial or Maintenance Margin maintenance margin amount, credit or other limit placed on your dealings;
(i) subject to paragraph 14.12 hereinParagraph 8.12, your offer must be given to us during the Trading Hours for the applicable Underlying Asset in respect of which you offer to open or close the PositionTransaction;
(j) the internet connection or communications are not disrupted;
(k) there is no request of regulatory or supervisory authorities of the relevant jurisdiction Mauritius or a court order to the contrary;
(l) the legality or genuineness of the Order is under not under doubt;
(m) there are Normal Market Conditions; and
(n) any other reasonable factor that we, in our sole discretion, notify you from time to time.
14.148.15. Use If, before your offer to open or close a Transaction is accepted by us, our quote moves to your advantage (for example, if the price goes down as you buy or the price goes up as you sell) you agree that we can (but do not have to) pass such price improvement on to you. The effect of such action being that the level at which you offer to open or close a Transaction will, upon acceptance by us, be altered to the more favorable price. You acknowledge that it is in your best interests for us to alter the level of your offer in the manner contemplated in this Paragraph and you agree that any robotsoffer altered in accordance with this Paragraph, spiders or other automated data entry system with once accepted by us, results in a fully binding agreement between us. Without derogating from the Trading Platform foregoing, you acknowledge that it is expressly prohibited, unless you receive express written consent by the Company prior within our complete discretion as to activating the robotwhen we will pass on a price improvement to you. All Transactions must be completed manually by youYou should also note that we will only pass on a price improvement within allowable limits.
14.158.16. The Company is under no obligation, unless otherwise agreed in the Agreement, to monitor or advise the Client on the status of any Transaction or to close out any Client’s Open Positions. When the Company decides to do so, this will be done on a discretionary basis and will not be considered an undertaking of an obligation to continue. It is the Client’s responsibility to be aware of his positions at all times.
Appears in 1 contract
Samples: Client Agreement
GENERAL RULES OF TRADING. 14.113.1. Without prejudice to any other provisions herein and in particular paragraph 14.13 of this Agreementherein, once the Client places an Order on the Trading Platform, the Company arranges for the execution of the said Order with the Execution Venue according to the Summary of Best Interest and Order Execution Policy, found on the Company’s WebsiteOrder. It is understood that the Company executes the Client Orders in CFDs as an agenta principal against the Client, i.e. the Company executes Client’s orders in third party is the Execution Venue(s)Venue for the execution of the Client Orders.
14.213.2. You acknowledge and agree that each Transaction conducted on the Trading Platform, is comprised of first an offer by you to us to complete a Transaction (whether such offer is to open a Position or close an Open Position) at a certain price quoted on the Trading Platform, and our subsequent acceptance of your offer. An Offer will be deemed to have been completed only when your offer has been received and accepted by us. Our acceptance of an offer will be evidenced by our confirmation of its terms to you and its completion.
14.313.3. You may request to cancel or amend a Transaction at any time prior to our completing such a Transaction.
14.413.4. We reserve the right to void from the outset any Transaction containing or based on any Manifest Error. In the absence of our fraud or wilful willful default, we will not be liable to you for any loss, cost, claim, demand or expense following any Manifest Error.
14.513.5. You shall comply with any restrictions that we notify to you from time to time with respect to your activities on the Trading Platform, including without limitation, the size of Transactions or other conditions that may apply to our Quote. You acknowledge that we may offer to and impose on each Client, in our sole discretion, different terms and restrictions with respect to their use of the Trading Platform.
14.613.6. You acknowledge that the Trading Platform is independent of any Underlying Markets and we are under no obligation to quote a particular price or follow the trading rules consistent with such Underlying Markets. You further acknowledge that the triggering of your Order is linked to the prices quoted on the Trading Platform, with reference to market data. Prices provided by the Company are not linked to the prices quoted elsewhere on the relevant Underlying Markets and the Company does not guarantee that when executing an Order its price will be more favourable favorable than one which might be available elsewhere. In determining whether the prices quoted on the Trading Platform reach or exceed the price accepted by us in a Transaction, we will be entitled (but not obliged), in our absolute discretion, to disregard any prices quoted on our Platform during any pre-market, post-market or intra-day auction periods in the relevant Underlying Markets, during any intra-day or other period of suspension in the relevant Underlying Markets, or during any other period that in our reasonable opinion may give rise to short-term price spikes or other distortions. Our prices may differ from the current prices on the relevant Underlying Markets and you acknowledge that a Transaction may be triggered even though:
(a) an Underlying Market never traded at the level of your Transaction; or
(b) the Underlying Market did trade at the level of your Transaction but for such a short period that it would have been impractical to execute an equivalent transaction on the Underlying Markets.
14.713.7. When you place an Order on the Trading Platform, you agree that you are not dealing a recognised recognized exchange.
14.813.8. You undertake and agree not to use the prices quoted on the Trading Platform for any purpose other than for your own trading purpose, and you agree not to redistribute our prices to any other person whether such redistribution is for commercial or other purposes.
14.913.9. You acknowledge that each Transaction is made for a specified number of units that constitute the Underlying Asset. You may only complete Transactions on the Trading Platform for the minimum number of units as set forth on the Trading Platform as the "Unit Amount", and in multiples of such "Unit Amount" up until the maximum amount permitted by the Trading Platform. You acknowledge and agree that we may set, in our sole and absolute discretion, the "Unit Amount" for each Underlying Asset.
14.1013.10. Each Position opened by you, and any Transaction completed, will be binding on you notwithstanding that by opening the Position you may have exceeded any credit or other limit applicable to you or in respect of your dealings with usyou.
14.1113.11. You may request a Quote to open or close a Position for a particular Underlying Asset, at any time during the Trading Hours for such Underlying Asset. We will be under no obligation to but may, in our absolute discretion, provide a Quote and accept and act on your offer to open or close a Position for an Underlying Asset outside of the Trading Hours of such Underlying Asset. In some cases, Transactions may only be traded during the time when the relevant Underlying Market is open. Trading Hours are displayed on the Trading Platform under the details link for each specific Underlying Asset. It is your responsibility to ensure you are aware of which Underlying Asset may be affected.
14.1213.12. Without prejudice to any of our right hereunder, if, prior to the acceptance of your Order to open or close a Position, we become aware that any of the factors set out in paragraph 14.13 13.13 herein, has not been met, we reserve the right to reject your Order outright. If we have, nevertheless, already opened or closed a Position prior to becoming aware that a factor set out in paragraph 14.13 13.13 herein has not been met, we may in our discretion, either treat such a Transaction as void from the outset or close the Open Position at our then prevailing price. However, we may, in our absolute discretion, allow you to open or, as the case may be, close the Open Position in which case you will be bound by the opening or closure of such Position, notwithstanding that the factors in paragraph 14.13 13.13 herein were not satisfied.
14.1313.13. The factors referred to in paragraph 14.12 13.12 include the following:
(a) the quote must be obtained via the Trading Platform or by such other means as we may from time to time notify you;
(b) your offer to open or close the Position must be given while the quote is still valid;
(c) the Quote must not contain a Manifest Error;
(d) when you offer to open a Position, the number of units in respect of which the Transaction is to be opened must be neither smaller than the minimum unit amount specified on the Trading Platform, as applicable, from time to time, nor greater than the amount permitted in accordance with the terms of this Agreement;
(e) when you offer to close part but not all of an open Position both the part of the Position that you offer to close and the part that would remain open if we accepted your offer must not be smaller than the minimum unit amount specified on the Trading Platform;
(f) Force Majeure Event must not have occurred when you offer to open or close a Transaction, which affect the execution of the Transaction;
(g) An Event of Default must not have occurred in respect of you;
(h) when you offer to open any Position, the opening must not result in your exceeding any Initial or Maintenance Margin amount, credit or other limit placed on your dealings;
(i) subject to paragraph 14.12 13.12 herein, your offer must be given to us during the Trading Hours for the applicable Underlying Asset in respect of which you offer to open or close the Position;
(j) the internet connection or communications are not disrupted;
(k) there is no request of regulatory or supervisory authorities of the relevant jurisdiction Vanuatu or a court order to the contrary;
(l) the legality or genuineness of the Order is under not under doubt;
(m) there are Normal Market Conditionsnormal market conditions; and
(n) any other reasonable factor that we, in our sole discretion, notify you from time to time.
14.14. Use of any robots, spiders or other automated data entry system with the Trading Platform is expressly prohibited, unless you receive express written consent by the Company prior to activating the robot. All Transactions must be completed manually by you.
14.1513.14. The Company is under no obligation, unless otherwise agreed in between the AgreementClient and the Company, to monitor or advise the Client on the status of any Transaction or to close out any Client’s Open Positions. When the Company decides to do so, this will be done on a discretionary basis and will not be considered an undertaking of an obligation to continueTransaction. It is the Client’s responsibility to be aware of his positions at all times.
13.15. One or more of the Client’s trades may be affected by a corporate action type event (“Corporate Action”) the occurrence of which may have a dramatic effect on their trade(s) and/or on their trading account generally. A Corporate Action can include but is not limited to:
a) any rights, scrip, bonus, capitalization or other issue or offer of shares, warrants or options
b) any acquisition or cancellation of own shares by the issuer any reduction, subdivision, consolidation or reclassification of share capital
c) any distribution of cash or shares, including any payment of dividend
d) a take-over or merger offer
e) any amalgamation or reconstruction affecting the shares concerned The Company will undertake any actions that it considers reasonable and necessary to give effect to the Corporate Action as it relates to the Client’s CFD trade(s). The actions the Company may take upon the occurrence of a Corporate Action are as follows:
a) the Client’s trading account may be credited or debited with an amount due b) the Client’s open trades and/or working Orders including any Take Profit or Stop Loss Orders may be adjusted, closed or cancelled to reflect the terms of the Corporate Action
c) one or more new trades may be opened on the Client’s trading account, as soon as practicable and as a result of the corporate event
Appears in 1 contract
Samples: Client Agreement
GENERAL RULES OF TRADING.
14.1. Without prejudice to any other provisions herein and in particular paragraph 14.13 of this Agreement, once the Client places an Order on the Trading Platform, the Company arranges for the execution of the said Order with the Execution Venue according to the Summary of Best Interest and Order Execution Policy, found on the Company’s Website. It is understood that the Company executes the Client Orders in CFDs as an agent, i.e. the Company executes Client’s orders in third party Execution Venue(s).
14.2. You acknowledge and agree that each Transaction conducted on the Trading Platform, is comprised of first an offer by you to us to complete a Transaction (whether such offer is to open a Position or close an Open Position) at a certain price quoted on the Trading Platform, and our subsequent acceptance of your offer. An Offer will be deemed to have been completed only when your offer has been received and accepted by us. Our acceptance of an offer will be evidenced by our confirmation of its terms to you and its completion.
14.3. You may request to cancel or amend a Transaction at any time prior to our completing such a Transaction.
14.4. We reserve the right to void from the outset any Transaction containing or based on any Manifest Error. In the absence of our fraud or wilful default, we will not be liable to you for any loss, cost, claim, demand or expense following any Manifest Error.
14.5. You shall comply with any restrictions that we notify to you from time to time with respect to your activities on the Trading Platform, including without limitation, the size of Transactions or other conditions that may apply to our Quote. You acknowledge that we may offer to and impose on each Client, in our sole discretion, different terms and restrictions with respect to their use of the Trading Platform.
14.6. You acknowledge that the Trading Platform is independent of any Underlying Markets and we are under no obligation to quote a particular price or follow the trading rules consistent with such Underlying Markets. You further acknowledge that the triggering of your Order is linked to the prices quoted on the Trading Platform, not the prices quoted elsewhere on the relevant Underlying Markets and the Company does not guarantee that when executing an Order its price will be more favourable than one which might be available elsewhere. In determining whether the prices quoted on the Trading Platform reach or exceed the price accepted by us in a Transaction, we will be entitled (but not obliged), in our absolute discretion, to disregard any prices quoted on our Platform during any pre-market, post-market or intra-day auction periods in the relevant Underlying Markets, during any intra-day or other period of suspension in the relevant Underlying Markets, or during any other period that in our reasonable opinion may give rise to short-term price spikes or other distortions. Our prices may differ from the current prices on the relevant Underlying Markets and you acknowledge that a Transaction may be triggered even though:
(a) an Underlying Market never traded at the level of your Transaction; or
(b) the Underlying Market did trade at the level of your Transaction but for such a short period that it would have been impractical to execute an equivalent transaction on the Underlying Markets.
14.7. When you place an Order on the Trading Platform, you agree that you are not dealing a recognised exchange.
14.8. You undertake and agree not to use the prices quoted on the Trading Platform for any purpose other than for your own trading purpose, and you agree not to redistribute our prices to any other person whether such redistribution is for commercial or other purposes.
14.9. You acknowledge that each Transaction is made for a specified number of units that constitute the Underlying Asset. You may only complete Transactions on the Trading Platform for the minimum number of units as set forth on the Trading Platform as the "Unit Amount", and in multiples of such "Unit Amount" up until the maximum amount permitted by the Trading Platform. You acknowledge and agree that we may set, in our sole and absolute discretion, the "Unit Amount" for each Underlying Asset.
14.10. Each Position opened by you, and any Transaction completed, will be binding on you notwithstanding that by opening the Position you may have exceeded any credit or other limit applicable to you or in respect of your dealings with us.
14.11. You may request a Quote to open or close a Position for a particular Underlying Asset, at any time during the Trading Hours for such Underlying Asset. We will be under no obligation to but may, in our absolute discretion, provide a Quote and accept and act on your offer to open or close a Position for an Underlying Asset outside of the Trading Hours of such Underlying Asset. In some cases, Transactions may only be traded during the time when the relevant Underlying Market is open. Trading Hours are displayed on the Trading Platform under the details link for each specific Underlying Asset. It is your responsibility to ensure you are aware of which Underlying Asset may be affected.
14.12. Without prejudice to any of our right hereunder, if, prior to the acceptance of your Order to open or close a Position, we become aware that any of the factors set out in paragraph 14.13 herein, has not been met, we reserve the right to reject your Order outright. If we have, nevertheless, already opened or closed a Position prior to becoming aware that a factor set out in paragraph 14.13 herein has not been met, we may in our discretion, either treat such a Transaction as void from the outset or close the Open Position at our then prevailing price. However, we may, in our absolute discretion, allow you to open or, as the case may be, close the Open Position in which case you will be bound by the opening or closure of such Position, notwithstanding that the factors in paragraph 14.13 herein were not satisfied.
14.13. The factors referred to in paragraph 14.12 include the following:
(a) the quote must be obtained via the Trading Platform or by such other means as we may from time to time notify you;
(b) your offer to open or close the Position must be given while the quote is still valid;
(c) the Quote must not contain a Manifest Error;
(d) when you offer to open a Position, the number of units in respect of which the Transaction is to be opened must be neither smaller than the minimum unit amount specified on the Trading Platform, as applicable, from time to time, nor greater than the amount permitted in accordance with the terms of this Agreement;
(e) when you offer to close part but not all of an open Position both the part of the Position that you offer to close and the part that would remain open if we accepted your offer must not be smaller than the minimum unit amount specified on the Trading Platform;
(f) Force Majeure Event must not have occurred when you offer to open or close a Transaction, which affect the execution of the Transaction;
(g) An Event of Default must not have occurred in respect of you;
(h) when you offer to open any Position, the opening must not result in your exceeding any Initial or Maintenance Margin amount, credit or other limit placed on your dealings;
(i) subject to paragraph 14.12 herein, your offer must be given to us during the Trading Hours for the applicable Underlying Asset in respect of which you offer to open or close the Position;
(j) the internet connection or communications are not disrupted;
(k) there is no request of regulatory or supervisory authorities of the relevant jurisdiction or a court order to the contrary;
(l) the legality or genuineness of the Order is under not under doubt;
(m) there are Normal Market Conditions; and
(n) any other reasonable factor that we, in our sole discretion, notify you from time to time.
14.14. Use of any robots, spiders or other automated data entry system with the Trading Platform is expressly prohibited, unless you receive express written consent by the Company prior to activating the robot. All Transactions must be completed manually by you.
14.15. The Company is under no obligation, unless otherwise agreed in the Agreement, to monitor or advise the Client on the status of any Transaction or to close out any Client’s Open Positions. When the Company decides to do so, this will be done on a discretionary basis and will not be considered an undertaking of an obligation to continue. It is the Client’s responsibility to be aware of his positions at all times.
Appears in 1 contract
Samples: Client Agreement
GENERAL RULES OF TRADING. 14.115.1. Without prejudice to any other provisions herein and in particular paragraph 14.13 15.13 of this Client Agreement, once the Client places an Order on the Trading Platform, the Company arranges for the execution of the said Order with the Execution Venue according to the Summary of Best Interest and Order Execution Policy, found on the Company’s Website. It is understood that the Company executes the Client Orders in CFDs as an agenta principal to principal against the Client, i.e. the Company executes Client’s orders in third party is the Execution Venue(s)Venue for the execution of the Client Orders.
14.215.2. You acknowledge and agree that each Transaction conducted on the Trading Platform, is comprised of first an offer by you to us to complete a Transaction (whether such offer is to open a Position or close an Open Position) at a certain price quoted on the Trading Platform, and our subsequent acceptance of your offer. An Offer will be deemed to have been completed only when your offer has been received and accepted by us. Our acceptance of an offer will be evidenced by our confirmation of its terms to you and its completion.
14.315.3. You may request to cancel or amend a Transaction at any time prior to our completing such a Transaction.
14.415.4. We reserve the right to void from the outset any Transaction containing or based on any Manifest Error. In the absence of our fraud or wilful willful default, we will not be liable to you for any loss, cost, claim, demand or expense following any Manifest Error.
14.515.5. You shall comply with any restrictions that we notify to you from time to time with respect to your activities on the Trading Platform, including without limitation, the size of Transactions or other conditions that may apply to our Quote. You acknowledge that we may offer to and impose on each Client, in our sole discretion, different terms and restrictions with respect to their use of the Trading Platform.
14.615.6. You acknowledge that the Trading Platform is independent of any Underlying Markets and we are under no obligation to quote a particular price or follow the trading rules consistent with such Underlying Markets. You further acknowledge that the triggering of your Order is linked to the prices quoted on the Trading Platform, with reference to market data. The Company may provide to the client only the relevant information which is available via the applicable Liquidity Provider and/or Price Feed Provider and/or Exchange. Prices provided by the Company are not linked to the prices quoted elsewhere on the relevant Underlying Markets and the Company does not guarantee that when executing an Order its price will be more favourable favorable than one which might be available elsewhere. In determining whether the prices quoted on the Trading Platform reach or exceed the price accepted by us in a Transaction, we will be entitled (but not obliged), in our absolute discretion, to disregard any prices quoted on our Platform during any pre-market, post-post- market or intra-day auction periods in the relevant Underlying Markets, during any intra-day or other period of suspension in the relevant Underlying Markets, or during any other period that in our reasonable opinion may give rise to short-term price spikes or other distortions. Our prices may differ from the current prices on the relevant Underlying Markets and you acknowledge that a Transaction may be triggered even though:
(a) an Underlying Market never traded at the level of your Transaction; or
(b) the Underlying Market did trade at the level of your Transaction but for such a short period that it would have been impractical to execute an equivalent transaction on the Underlying Markets.
14.715.7. When you place an Order on the Trading Platform, you agree that you are not dealing a recognised recognized exchange.
14.815.8. You undertake and agree not to use the prices quoted on the Trading Platform for any purpose other than for your own trading purpose, and you agree not to redistribute our prices to any other person whether such redistribution is for commercial or other purposes.
14.915.9. You acknowledge that each Transaction is made for a specified number of units that constitute the Underlying Asset. You may only complete Transactions on the Trading Platform for the minimum number of units as set forth on the Trading Platform as the "Unit Amount", and in multiples of such "Unit Amount" up until the maximum amount permitted by the Trading Platform. You acknowledge and agree that we may set, in our sole and absolute discretion, the "Unit Amount" for each Underlying Asset.
14.1015.10. Each Position opened by you, and any Transaction completed, will be binding on you notwithstanding that by opening the Position you may have exceeded any credit or other limit applicable to you or in respect of your dealings with usyou.
14.1100.00. You Xxx may request a Quote to open or close a Position for a particular Underlying Asset, at any time during the Trading Hours for such Underlying Asset. We will be under no obligation to but may, in our absolute discretion, provide a Quote and accept and act on your offer to open or close a Position for an Underlying Asset outside of the Trading Hours of such Underlying Asset. In some cases, Transactions may only be traded during the time when the relevant Underlying Market is open. Trading Hours are displayed on the Trading Platform under the details link for each specific Underlying Asset. It is your responsibility to ensure you are aware of which Underlying Asset may be affected.
14.1215.12. Without prejudice to any of our right hereunder, if, prior to the acceptance of your Order to open or close a Position, we become aware that any of the factors set out in paragraph 14.13 15.13 herein, has not been met, we reserve the right to reject your Order outright. If we have, nevertheless, already opened or closed a Position prior to becoming aware that a factor set out in paragraph 14.13 herein has not been met, we may in our discretion, either treat such a Transaction as void from the outset or close the Open Position at our then prevailing price. However, we may, in our absolute discretion, allow you to open or, as the case may be, close the Open Position in which case you will be bound by the opening or closure of such Position, notwithstanding that the factors in paragraph 14.13 herein were not satisfied.
14.13. The factors referred to in paragraph 14.12 include the following:
(a) the quote must be obtained via the Trading Platform or by such other means as we may from time to time notify you;
(b) your offer to open or close the Position must be given while the quote is still valid;
(c) the Quote must not contain a Manifest Error;
(d) when you offer to open a Position, the number of units in respect of which the Transaction is to be opened must be neither smaller than the minimum unit amount specified on the Trading Platform, as applicable, from time to time, nor greater than the amount permitted in accordance with the terms of this Agreement;
(e) when you offer to close part but not all of an open Position both the part of the Position that you offer to close and the part that would remain open if we accepted your offer must not be smaller than the minimum unit amount specified on the Trading Platform;
(f) Force Majeure Event must not have occurred when you offer to open or close a Transaction, which affect the execution of the Transaction;
(g) An Event of Default must not have occurred in respect of you;
(h) when you offer to open any Position, the opening must not result in your exceeding any Initial or Maintenance Margin amount, credit or other limit placed on your dealings;
(i) subject to paragraph 14.12 herein, your offer must be given to us during the Trading Hours for the applicable Underlying Asset in respect of which you offer to open or close the Position;
(j) the internet connection or communications are not disrupted;
(k) there is no request of regulatory or supervisory authorities of the relevant jurisdiction or a court order to the contrary;
(l) the legality or genuineness of the Order is under not under doubt;
(m) there are Normal Market Conditions; and
(n) any other reasonable factor that we, in our sole discretion, notify you from time to time.
14.14. Use of any robots, spiders or other automated data entry system with the Trading Platform is expressly prohibited, unless you receive express written consent by the Company prior to activating the robot. All Transactions must be completed manually by you.
14.15. The Company is under no obligation, unless otherwise agreed in the Agreement, to monitor or advise the Client on the status of any Transaction or to close out any Client’s Open Positions. When the Company decides to do so, this will be done on a discretionary basis and will not be considered an undertaking of an obligation to continue. It is the Client’s responsibility to be aware of his positions at all times.paragraph
Appears in 1 contract
Samples: Client Agreement
GENERAL RULES OF TRADING. 14.115.1. Without prejudice to any other provisions herein and in particular paragraph 14.13 15.14 of this Client Agreement, once the Client places an Order on the Trading Platform, the Company arranges for the execution of the said Order with the Execution Venue according to the Summary of Best Interest and Order Execution Policy, found on the Company’s Website. It is understood that the Company executes does not execute the Client Orders in CFDs as an agenta principal to principal against the Client, i.e. the Company executes Client’s orders is not itself the Execution Venue (as defined in third party Execution Venue(s)Commission Directive 2006/73/EC implementing MiFID) for the execution of the Client Orders.
14.215.2. You acknowledge and agree that each Transaction conducted on the Trading Platform, is comprised of first an offer by you to us to complete a Transaction (whether such offer is to open a Position or close an Open Position) at a certain price quoted on the Trading Platform, and our subsequent acceptance of your offer. An Offer will be deemed to have been completed only when your offer has been received and accepted by us. Our acceptance of an offer will be evidenced by our confirmation of its terms to you and its completion.
14.315.3. You may request to cancel or amend a Transaction at any time prior to our completing such a Transaction.
14.415.4. We reserve the right to void from the outset any Transaction containing or based on any Manifest Error. In the absence of our fraud or wilful default, we will not be liable to you for youfor any loss, cost, claim, demand or expense following any Manifest Error.
14.515.5. You acknowledge that all of our prices and Quotes shown on the Trading Platform are the ones provided by the Company’s Execution Venue. The Execution Venue obtains prices (BID and ASK prices) of the Underlying Asset for a given CFD from third party reputable external reference sources (i.e. price feeders). The Execution Venue then uses these prices to calculate their own tradable prices for a given CFD and provide them to the Company.
15.6. You shall comply with any restrictions that we notify to you from time to time with respect to your activities on the Trading Platform, including without limitation, the size of Transactions or other conditions that may apply to our Quote. You acknowledge that we may offer to and impose on each Client, in our sole discretion, different terms and restrictions with respect to their use of the Trading Platform.
14.615.7. You acknowledge that the Trading Platform is independent of any Underlying Markets and we are under no obligation to quote a particular price or follow the trading rules consistent with such Underlying Markets. You further acknowledge that the triggering of your Order is linked to the prices quoted on the Trading Platform, not the prices quoted elsewhere on the relevant Underlying Markets and the Company does not guarantee that when executing an Order its price will be more favourable than one which might be available elsewhere. In determining whether the prices quoted on the Trading Platform reach or exceed the price accepted by us in a Transaction, we will be entitled (but not obliged), in our absolute discretion, to disregard any prices quoted on our Platform during any pre-market, post-market or intra-day auction periods in the relevant Underlying Markets, during any intra-day or other period of suspension in the relevant Underlying Markets, or during any other period that in our reasonable opinion may give rise to short-term price spikes or other distortions. Our prices may differ from the current prices on the relevant Underlying Markets and you acknowledge that a Transaction may be triggered even though:
(a) a. an Underlying Market never traded at the level of your Transaction; or
(b) b. the Underlying Market did trade at the level of your Transaction but for such a short period that it would have been impractical to execute an equivalent transaction on the Underlying Markets.
14.715.8. When you place an Order on the Trading Platform, you agree that you are not dealing a recognised exchangerecognizedexchange.
14.815.9. You undertake and agree not to use the prices quoted on the Trading Platform for any purpose other than for your own trading purpose, and you agree not to redistribute our prices to any other person whether such redistribution is for commercial or other purposes.
14.915.10. You acknowledge that each Transaction is made for a specified number of units that constitute the Underlying Asset. You may only complete Transactions on the Trading Platform for the minimum number of units as set forth on the Trading Platform as the "Unit Amount", and in multiples of such "Unit Amount" up until the maximum amount permitted by the Trading Platform. You acknowledge and agree that we may set, in our sole and absolute discretion, the "Unit Amount" for each Underlying Asset.
14.1015.11. Each Position opened by you, and any Transaction completed, will be binding on you notwithstanding that by opening the Position you may have exceeded any credit or other limit applicable to you or in respect of your dealings with us. It is noted however that the Company applies a Negative Balance Protection Policy pursuant to which, you may not lose more than the amount deposited on the Platform. In the event that a Position is closed at such price causing your equity to fall below zero, the Company shall waive its right to receive the balance from you.
14.1115.12. You may request a Quote to open or close a Position for a particular Underlying Asset, at any time during the Trading Hours for such Underlying Asset. We will be under no obligation to but may, in our absolute discretion, provide a Quote and accept and act on your offer to open or close a Position for an Underlying Asset outside of the Trading Hours of such Underlying Asset. In some cases, Transactions may only be traded during the time when the relevant Underlying Market is open. Trading Hours are displayed on the Trading Platform under the details link for each specific Underlying Asset. It is your responsibility to ensure you are aware of which Underlying Asset may be affected.
14.1215.13. Without prejudice to any of our right hereunder, if, prior to the acceptance of your Order to open or close a Position, we become aware that any of the factors set out in paragraph 14.13 herein, has 15.14 herein have not been met, we reserve the right to reject your Order outright. If we have, nevertheless, already opened or closed a Position prior to becoming aware that a factor set out in paragraph 14.13 15.14 herein has not been met, we may may, e in our discretion, either treat such a Transaction as void from the outset or close the Open Position at our then prevailing price. However, we may, in our absolute discretion, allow you to open or, as the case may be, close the Open Position in which case you will be bound by the opening or closure of such Position, notwithstanding that the factors in paragraph 14.13 15.14 herein were not satisfiednotsatisfied.
14.1315.14. The factors referred to in paragraph 14.12 15.13 include the following:
(a) a. the quote must be obtained via the Trading Platform or by such other means as we may from time to time notify you;
(b) b. your offer to open or close the Position must be given while the quote is still valid;
(c) c. the Quote must not contain a Manifest Error;
(d) d. when you offer to open a Position, the number of units in respect of which the Transaction is to be opened must be neither smaller than the minimum unit amount specified on the Trading Platform, as applicable, from time to time, nor greater than the amount permitted in accordance with the terms of this Agreement;
(e) e. when you offer to close part but not all of an open Position both the part of the Position that you offer to close and the part that would remain open if we accepted your offer must not be smaller than the minimum unit amount specified on the Trading Platform;
(f) f. Force Majeure Event must not have occurred when you offer to open or close a Transaction, which affect the execution of the Transaction;
(g) g. An Event of Default must not have occurred in respect of you;
(h) h. when you offer to open any Position, the opening must not result in your exceeding any Initial or Maintenance Margin amount, credit or other limit placed on your dealings;
(i) i. subject to paragraph 14.12 15.12 herein, your offer must be given to us during the Trading Hours for the applicable Underlying Asset in respect of which you offer to open or close the Position;
(j) j. the internet connection or communications are not disrupted;
(k) k. there is no request of regulatory or supervisory authorities of the relevant jurisdiction Greece or a court order to the contrarythecontrary;
(l) l. the legality or genuineness of the Order is under not under doubt;
(m) underdoubt; m. there are Normal Market Conditions; and
(n) any other reasonable factor that we, in our sole discretion, notify you from time to time.
14.14. Use of any robots, spiders or other automated data entry system with the Trading Platform is expressly prohibited, unless you receive express written consent by the Company prior to activating the robot. All Transactions must be completed manually by you.
14.15. The Company is under no obligation, unless otherwise agreed in the Agreement, to monitor or advise the Client on the status of any Transaction or to close out any Client’s Open Positions. When the Company decides to do so, this will be done on a discretionary basis and will not be considered an undertaking of an obligation to continue. It is the Client’s responsibility to be aware of his positions at all times.
Appears in 1 contract
Samples: Client Agreement
GENERAL RULES OF TRADING. 14.1. 17.1 Without prejudice to any other provisions herein and in particular paragraph 14.13 17.14 of this Client Agreement, once the Client places an Order on the Trading Platform, the Company arranges for the execution of the said Order with the Execution Venue according to the Summary of Best Interest and Order Execution Policy, found on the Company’s Website. It is understood that the Company executes does not execute the Client Orders in CFDs as an agenta principal to principal against the Client, i.e. the Company executes Client’s orders is not itself the Execution Venue (as defined in third party Execution Venue(s)Commission Directive 2006/73/EC implementing MiFID) for the execution of the Client Orders.
14.2. 17.2 You acknowledge and agree that each Transaction conducted on the Trading Platform, is comprised of first an offer by you to us to complete a Transaction (whether such offer is to open a Position or close an Open Position) at a certain price quoted on the Trading Platform, and our subsequent acceptance of your offer. An Offer will be deemed to have been completed only when your offer it has been received and accepted by us. Our acceptance of an offer will be evidenced by our confirmation of its terms to you and its completion.
14.3. 17.3 You may request to cancel or amend a Transaction at any time time, prior to our completing such a Transaction.
14.4. 17.4 We reserve the right to void from the outset any Transaction containing or based on any Manifest Error. In the absence of our fraud or wilful willful default, we will not be held liable to you for any loss, cost, claim, demand or any expense following any Manifest Error.
14.517.5 You acknowledge that all of our prices and Quotes shown on the Trading Platform are the ones provided by the Company’s Execution Venue. The Execution Venue obtains prices (BID and ASK prices) of the Underlying Asset for a given CFD from third party reputable external reference sources (i.e. price feeders). The Execution Venue then uses these prices to calculate their own tradable prices for a given CFD and provide them to the Company.
17.6 You shall comply with any restrictions that we notify to you from time to time with respect to your activities on the Trading Platform, including without limitation, the size of Transactions or other conditions that may apply to our Quote. You acknowledge that we may offer to and impose on each Client, in our sole discretion, different terms and restrictions with respect to their use of the Trading Platform.
14.6. 17.7 You acknowledge that the Trading Platform is independent of any Underlying Markets and we are under no obligation to quote a particular price or follow the trading rules consistent with such Underlying Markets. You further acknowledge that the triggering of your Order is linked to the prices quoted on the Trading Platform, not the prices quoted elsewhere on the relevant Underlying Markets and the Company does not guarantee that when executing an Order its price will be more favourable favorable than one which might be available elsewhere. In determining whether the prices quoted on the Trading Platform reach or exceed the price accepted by us in a Transaction, we will be entitled (but not obliged), in our absolute discretion, to disregard any prices quoted on our Platform during any pre-market, post-market or intra-day auction periods in the relevant Underlying Markets, during any intra-day or other period of suspension in the relevant Underlying Markets, or during any other period that in our reasonable opinion may give rise to short-term price spikes or other distortions. Our prices may differ from the current prices on the relevant Underlying Markets and you acknowledge that a Transaction may be triggered even though:Underlying
(a) a. an Underlying Market never traded at the level of your Transaction; or
(b) b. the Underlying Market did trade at the level of your Transaction but for such a short period that it would have been impractical to execute an equivalent transaction on the Underlying Markets.
14.7. 17.8 When you place an Order on the Trading Platform, you agree that you are not dealing a recognised recognized exchange.
14.8. 17.9 You undertake and agree not to use the prices quoted on the Trading Platform for any purpose other than for your own trading purpose, and you agree not to redistribute our prices to any other person whether such redistribution is for commercial or other purposes.
14.9. 17.10 You acknowledge that each Transaction is made for a specified number of units that constitute the Underlying Asset. You may only complete Transactions on the Trading Platform for the minimum number of units as set forth on the Trading Platform as the "Unit Amount", and in multiples of such "Unit Amount" up until the maximum amount permitted by the Trading Platform. You acknowledge and agree that we may set, in our sole and absolute discretion, the "Unit Amount" for each Underlying Asset.
14.10. 17.11 Each Position opened by you, and any Transaction completed, will be binding on you notwithstanding that by opening the Position you may have exceeded any credit or other limit applicable to you or in respect of your dealings with us.
14.11. 17.12 You may request a Quote to open or close a Position for a particular Underlying Asset, at any time during the Trading Hours for such Underlying Asset. We will be under no obligation to to, but may, in our absolute discretion, provide a Quote and accept and act on your offer to open or close a Position for an Underlying Asset outside of the Trading Hours of such Underlying Asset. In some cases, Transactions may only be traded during the time when the relevant Underlying Market is open. Trading Hours are displayed on the Trading Platform under the details link for each specific Underlying Asset. It is your responsibility to ensure that you are aware of which Underlying Asset may be affected.
14.12. 17.13 Without prejudice to any of our right hereunder, if, prior to the acceptance of your Order to open or close a Position, we become aware that any of the factors set out in paragraph 14.13 herein, has 17.14 herein have not been met, we reserve the right to reject your Order outright. If we have, nevertheless, already opened or closed a Position prior to becoming aware that a factor set out in paragraph 14.13 17.14 herein has not been met, we may may, in our discretion, either treat such a Transaction as void from the outset or close the Open Position at our then prevailing price. However, we may, in our absolute discretion, allow you to open or, as the case may be, close the Open Position in which case you will be bound by the opening or closure of such Position, notwithstanding that the factors in paragraph 14.13 herein were not satisfied.opening
14.13. 17.14 The factors referred to in paragraph 14.12 17.13 include the following:
(a) a. the quote must be obtained via the Trading Platform or by such other means as we may from time to time notify you;.
(b) b. your offer to open or close the Position must be given while the quote is still valid;.
(c) c. the Quote must not contain a Manifest Error;.
(d) d. when you offer to open a Position, the number of units in respect of which the Transaction is to be opened must be neither smaller than the minimum unit amount specified on the Trading Platform, as applicable, from time to time, nor greater than the amount permitted in accordance with the terms of this Agreement;
(e) e. when you offer to close part but not all of an open Position Position, both the part of the Position that you offer to close and the part that would remain open if we accepted your offer offer, must not be smaller than the minimum unit amount specified on the Trading Platform;
(f) f. Force Majeure Event must not have occurred when you offer to open or close a Transaction, which affect the execution of the Transaction;.
(g) g. An Event of Default must not have occurred in respect of you;.
(h) h. when you offer to open any Position, the opening must not result in your exceeding any Initial or Maintenance Margin amount, credit or other another limit placed on your dealings;.
(i) i. subject to paragraph 14.12 17.12 herein, your offer must be given to us during the Trading Hours for the applicable Underlying Asset in respect of which you offer to open or close the Position;
(j) ; the internet connection or communications are not disrupted;
(k) there is no request of regulatory or supervisory authorities of the relevant jurisdiction or a court order to the contrary;
(l) the legality or genuineness of the Order is under not under doubt;
(m) there are Normal Market Conditions; and
(n) any other reasonable factor that we, in our sole discretion, notify you from time to time.
14.14. Use of any robots, spiders or other automated data entry system with the Trading Platform is expressly prohibited, unless you receive express written consent by the Company prior to activating the robot. All Transactions must be completed manually by you.
14.15. The Company is under no obligation, unless otherwise agreed in the Agreement, to monitor or advise the Client on the status of any Transaction or to close out any Client’s Open Positions. When the Company decides to do so, this will be done on a discretionary basis and will not be considered an undertaking of an obligation to continue. It is the Client’s responsibility to be aware of his positions at all times.
Appears in 1 contract
Samples: Client Agreement
GENERAL RULES OF TRADING. 14.115.1. Without prejudice to any other provisions herein and in particular paragraph 14.13 15.13 of this Client Agreement, once the Client places an Order on the Trading Platform, the Company arranges for the execution of the said Order with the Execution Venue according to the Summary of Best Interest and Order Execution Policy, found on the Company’s Website. It is understood that the The Company executes the Client Orders in CFDs as an agentagent to principal against the Client, i.e. the Company executes Client’s orders in uses a third party Execution Venue(s)service for Straight Through Processing.
14.215.2. You acknowledge and agree that each Transaction conducted on the Trading Platform, is comprised of first an offer by you to us to complete a Transaction (whether such offer is to open a Position or close an Open Position) at a certain price quoted on the Trading Platform, and our subsequent acceptance of your offer. An Offer will be deemed to have been completed only when your offer has been received and accepted by us. Our acceptance of an offer will be evidenced by our confirmation of its terms to you and its completion.
14.315.3. You may request to cancel or amend a Transaction at any time prior to our completing such a Transaction.
14.415.4. We reserve the right to void from the outset any Transaction containing or based on any Manifest Error. In the absence of our fraud or wilful default, we will not be liable to you for any loss, cost, claim, demand or expense following any Manifest Error.
14.515.5. You shall comply with any restrictions that we notify to you from time to time with respect to your activities on the Trading Platform, including without limitation, the size of Transactions or other conditions that may apply to our Quote. You acknowledge that we may offer to and impose on each Client, in our sole discretion, different terms and restrictions with respect to their use of the Trading Platform.
14.615.6. You acknowledge that the Trading Platform is independent of any Underlying Markets and we are under no obligation to quote a particular price or follow the trading rules consistent with such Underlying Markets. You further acknowledge that the triggering of your Order is linked to the prices quoted on the Trading Platform, not the prices quoted elsewhere on the relevant Underlying Markets and the Company does not guarantee that when executing an Order its price will be more favourable than one which might be available elsewhere. In determining whether the prices quoted on the Trading Platform reach or exceed the price accepted by us in a Transaction, we will be entitled (but not obliged), in our absolute discretion, to disregard any prices quoted on our Platform during any pre-market, post-market or intra-day auction periods in the relevant Underlying Markets, during any intra-day or other period of suspension in the relevant Underlying Markets, or during any other period that in our reasonable opinion may give rise to short-term price spikes or other distortions. Our prices may differ from the current prices on the relevant Underlying Markets and you acknowledge that a Transaction may be triggered even though:
(a) an Underlying Market never traded at the level of your Transaction; or
(b) the Underlying Market did trade at the level of your Transaction but for such a short period that it would have been impractical to execute an equivalent transaction on the Underlying Markets.
14.715.7. When you place an Order on the Trading Platform, you agree that you are not dealing a recognised recognized exchange.
14.815.8. You undertake and agree not to use the prices quoted on the Trading Platform for any purpose other than for your own trading purpose, and you agree not to redistribute our prices to any other person whether such redistribution is for commercial or other purposes.
14.915.9. You acknowledge that each Transaction is made for a specified number of units that constitute the Underlying Asset. You may only complete Transactions on the Trading Platform for the minimum number of units as set forth on the Trading Platform as the "Unit Amount", and in multiples of such "Unit Amount" up until the maximum amount permitted by the Trading Platform. You acknowledge and agree that we may set, in our sole and absolute discretion, the "Unit Amount" for each Underlying Asset.
14.1015.10. Each Position opened by you, and any Transaction completed, will be binding on you notwithstanding that by opening the Position you may have exceeded any credit or other limit applicable to you or in respect of your dealings with us.
14.1115.11. You may request a Quote to open or close a Position for a particular Underlying Asset, at any time during the Trading Hours for such Underlying Asset. We will be under no obligation to but may, in our absolute discretion, provide a Quote and accept and act on your offer to open or close a Position for an Underlying Asset outside of the Trading Hours of such Underlying Asset. In some cases, Transactions may only be traded during the time when the relevant Underlying Market is open. Trading Hours are displayed on the Trading Platform under the details link for each specific Underlying Asset. It is your responsibility to ensure you are aware of which Underlying Asset may be affected.
14.1215.12. Without prejudice to any of our right hereunder, if, prior to the acceptance of your Order to open or close a Position, we become aware that any of the factors set out in paragraph 14.13 15.13 herein, has not been met, we reserve the right to reject your Order outright. If we have, nevertheless, already opened or closed a Position prior to becoming aware that a factor set out in paragraph 14.13 15.13 herein has not been met, we may in our discretion, either treat such a Transaction as void from the outset or close the Open Position at our then prevailing price. However, we may, in our absolute discretion, allow you to open or, as the case may be, close the Open Position in which case you will be bound by the opening or closure of such Position, notwithstanding that the factors in paragraph 14.13 15.13 herein were not satisfied.
14.1315.13. The factors referred to in paragraph 14.12 15.12 include the following:
(a) the quote must be obtained via the Trading Platform or by such other means as we may from time to time notify you;
(b) your offer to open or close the Position must be given while the quote is still valid;
(c) the Quote must not contain a Manifest Error;
(d) when you offer to open a Position, the number of units in respect of which the Transaction is to be opened must be neither smaller than the minimum unit amount specified on the Trading Platform, as applicable, from time to time, nor greater than the amount permitted in accordance with the terms of this Agreement;
(e) when you offer to close part but not all of an open Position both the part of the Position that you offer to close and the part that would remain open if we accepted your offer must not be smaller than the minimum unit amount specified on the Trading Platform;
(f) Force Majeure Event must not have occurred when you offer to open or close a Transaction, which affect the execution of the Transaction;
(g) An Event of Default must not have occurred in respect of you;
(h) when you offer to open any Position, the opening must not result in your exceeding any Initial or Maintenance Margin amount, credit or other limit placed on your dealings;
(i) subject to paragraph 14.12 15.12 herein, your offer must be given to us during the Trading Hours for the applicable Underlying Asset in respect of which you offer to open or close the Position;
(j) the internet connection or communications are not disrupted;
(k) there is no request of regulatory or supervisory authorities of the relevant jurisdiction Cyprus or a court order to the contrary;
(l) the legality or genuineness of the Order is under not under doubt;
(m) there are Normal Market Conditions; and
(n) any other reasonable factor that we, in our sole discretion, notify you from time to time.
14.1415.14. Use of any robots, spiders or other automated data entry system with the Trading Platform is expressly prohibited, unless you receive express written consent by the Company prior to activating the robot. All Transactions must be completed manually by you.
14.1515.15. The Company is under no obligation, unless otherwise agreed in the Agreement, to monitor or advise the Client on the status of any Transaction or to close out any Client’s Open Positions. When the Company decides to do so, this will be done on a discretionary basis and will not be considered an undertaking of an obligation to continue. It is the Client’s responsibility to be aware of his positions at all times.
Appears in 1 contract
Samples: Client Agreement
GENERAL RULES OF TRADING. 14.113.1. Without prejudice to any other provisions herein and in particular paragraph 14.13 13.13 of this Client Agreement, once the Client places an Order on the Trading Platform, the Company arranges for the execution of the said Order with the Execution Venue according to the Summary of Best Interest and Order Execution Policy, found on the Company’s Website. It is understood that the Company executes the Client Orders in CFDs as an agent, i.e. the Company executes Client’s orders in third party Execution Venue(s)Order.
14.213.2. You acknowledge and agree that each Transaction conducted on the Trading Platform, is comprised of first an offer by you to us to complete a Transaction (whether such offer is to open a Position or close an Open Position) at a certain price quoted on the Trading Platform, and our subsequent acceptance of your offer. An Offer will be deemed to have been completed only when your offer has been received and accepted by us. Our acceptance of an offer will be evidenced by our confirmation of its terms to you and its completion.
14.313.3. You may request to cancel or amend a Transaction at any time prior to our completing such a Transaction.
14.413.4. We reserve the right to void from the outset any Transaction containing or based on any Manifest Error. In the absence of our fraud or wilful willful default, we will not be liable to you for any loss, cost, claim, demand or expense following any Manifest Error.
14.513.5. You shall comply with any restrictions that we notify to you from time to time with respect to your activities on the Trading Platform, including without limitation, the size of Transactions or other conditions that may apply to our Quote. You acknowledge that we may offer to and impose on each Client, in our sole discretion, different terms and restrictions with respect to their use of the Trading Platform.
14.613.6. You acknowledge that the Trading Platform is independent of any Underlying Markets and we are under no obligation to quote a particular price or follow the trading rules consistent with such Underlying Markets. You further acknowledge that the triggering of your Order is linked to the prices quoted on the Trading Platform, not the prices quoted elsewhere on the relevant Underlying Markets and the Company does not guarantee that when executing an Order its price will be more favourable favorable than one which might be available elsewhere. In determining whether the prices quoted on the Trading Platform reach or exceed the price accepted by us in a Transaction, we will be entitled (but not obliged), in our absolute discretion, to disregard any prices quoted on our Platform during any pre-market, post-market or intra-day auction periods in the relevant Underlying Markets, during any intra-day or other period of suspension in the relevant Underlying Markets, or during any other period that in our reasonable opinion may give rise to short-term price spikes or other distortions. Our prices may differ from the current prices on the relevant Underlying Markets and you acknowledge that a Transaction may be triggered even though:
(a) a. an Underlying Market never traded at the level of your Transaction; or
(b) b. the Underlying Market did trade at the level of your Transaction but for such a short period that it would have been impractical to execute an equivalent transaction on the Underlying Markets.
14.713.7. When you place an Order on the Trading Platform, you agree that you are not dealing a recognised recognized exchange.
14.813.8. You undertake and agree not to use the prices quoted on the Trading Platform for any purpose other than for your own trading purpose, and you agree not to redistribute our prices to any other person whether such redistribution is for commercial or other purposes.
14.913.9. You acknowledge that each Transaction is made for a specified number of units that constitute the Underlying Asset. You may only complete Transactions on the Trading Platform for the minimum number of units as set forth on the Trading Platform as the "Unit Amount", and in multiples of such "Unit Amount" up until the maximum amount permitted by the Trading Platform. You acknowledge and agree that we may set, in our sole and absolute discretion, the "Unit Amount" for each Underlying Asset.
14.1013.10. Each Position opened by you, and any Transaction completed, will be binding on you notwithstanding that by opening the Position you may have exceeded any credit or other limit applicable to you or in respect of your dealings with us.
14.1113.11. You may request a Quote to open or close a Position for a particular Underlying Asset, at any time during the Trading Hours for such Underlying Asset. We will be under no obligation to but may, in our absolute discretion, provide a Quote and accept and act on your offer to open or close a Position for an Underlying Asset outside of the Trading Hours of such Underlying Asset. In some cases, Transactions may only be traded during the time when the relevant Underlying Market is open. Trading Hours are displayed on the Trading Platform under the details link for each specific Underlying Asset. It is your responsibility to ensure you are aware of which Underlying Asset may be affected.
14.1213.12. Without prejudice to any of our right hereunder, if, prior to the acceptance of your Order to open or close a Position, we become aware that any of the factors set out in paragraph 14.13 herein13.13 herein- below, has not been met, we reserve the right to reject your Order outright. If we have, nevertheless, already opened or closed a Position prior to becoming aware that a factor set out in paragraph 14.13 herein 13.13 herein-below has not been met, we may in our discretion, either treat such a Transaction as void from the outset or close the Open Position at our then prevailing price. However, we may, in our absolute discretion, allow you to open or, as the case may be, close the Open Position in which case you will be bound by the opening or closure of such Position, notwithstanding that the factors in paragraph 14.13 13.13 herein were not satisfied.
14.1313.13. The factors referred to in paragraph 14.12 13.12 include the following:
(a) a. the quote must be obtained via the Trading Platform or by such other means as we may from time to time notify you;
(b) b. your offer to open or close the Position must be given while the quote is still valid;
(c) c. the Quote must not contain a Manifest Error;
(d) d. when you offer to open a Position, the number of units in respect of which the Transaction is to be opened must be neither smaller than the minimum unit amount specified on the Trading Platform, as applicable, from time to time, nor greater than the amount permitted in accordance with the terms of this Agreement;
(e) e. when you offer to close part but not all of an open Position both the part of the Position that you offer to close and the part that would remain open if we accepted your offer must not be smaller than the minimum unit amount specified on the Trading Platform;
(f) f. Force Majeure Event must not have occurred when you offer to open or close a Transaction, which affect the execution of the Transaction;
(g) g. An Event of Default must not have occurred in respect of you;
(h) h. when you offer to open any Position, the opening must not result in your exceeding any Initial or Maintenance Margin amount, credit or other limit placed on your dealings;
(i) i. subject to paragraph 14.12 13.12 herein, your offer must be given to us during the Trading Hours for the applicable Underlying Asset in respect of which you offer to open or close the Position;
(j) j. the internet connection or communications are not disrupted;
(k) k. there is no request of regulatory or supervisory authorities of the relevant jurisdiction or a court order to the contrary;
(l) l. the legality or genuineness of the Order is under not under doubt;
(m) m. there are Normal Market Conditionsnormal market conditions; and
(n) n. any other reasonable factor that we, in our sole discretion, notify you from time to time.
14.14. Use of any robots, spiders or other automated data entry system with the Trading Platform is expressly prohibited, unless you receive express written consent by the Company prior to activating the robot. All Transactions must be completed manually by you.
14.1513.14. The Company is under no obligation, unless otherwise agreed in the Agreement, to monitor or advise the Client on the status of any Transaction or to close out any Client’s Open Positions. When the Company decides to do so, this will be done on a discretionary basis and will not be considered an undertaking of an obligation to continue. It is the Client’s responsibility to be aware of his positions at all times.
Appears in 1 contract
Samples: Client Agreement
GENERAL RULES OF TRADING. 14.113.1. Without prejudice to any other provisions herein and in particular paragraph 14.13 13.13 of this Client Agreement, once the Client places an Order on the Trading Platform, the Company arranges for the execution of the said Order with the Execution Venue according to the Summary of Best Interest and Order Execution Policy, found on the Company’s Website. It is understood that the Company executes the Client Orders in CFDs as an agent, i.e. the Company executes Client’s orders in third party Execution Venue(s)Order.
14.213.2. You acknowledge and agree that each Transaction conducted on the Trading Platform, is comprised of first an offer by you to us to complete a Transaction (whether such offer is to open a Position or close an Open Position) at a certain price quoted on the Trading Platform, and our subsequent acceptance of your offer. An Offer will be deemed to have been completed only when your offer has been received and accepted by us. Our acceptance of an offer will be evidenced by our confirmation of its terms to you and its completion.
14.313.3. You may request to cancel or amend a Transaction at any time prior to our completing such a Transaction.
14.413.4. We reserve the right to void from the outset any Transaction containing or based on any Manifest Error. In the absence of our fraud or wilful willful default, we will not be liable to you for any loss, cost, claim, demand or expense following any Manifest Error.
14.513.5. You shall comply with any restrictions that we notify to you from time to time with respect to your activities on the Trading Platform, including without limitation, the size of Transactions or other conditions that may apply to our Quote. You acknowledge that we may offer to and impose on each Client, in our sole discretion, different terms and restrictions with respect to their use of the Trading Platform.
14.613.6. You acknowledge that the Trading Platform is independent of any Underlying Markets and we are under no obligation to quote a particular price or follow the trading rules consistent with such Underlying Markets. You further acknowledge that the triggering of your Order is linked to the Charlgate SVG LLC prices quoted on the Trading Platform, not the prices quoted elsewhere on the relevant Underlying Markets and the Company does not guarantee that when executing an Order its price will be more favourable favorable than one which might be available elsewhere. In determining whether the prices quoted on the Trading Platform reach or exceed the price accepted by us in a Transaction, we will be entitled (but not obliged), in our absolute discretion, to disregard any prices quoted on our Platform during any pre-market, post-market or intra-day auction periods in the relevant Underlying Markets, during any intra-day or other period of suspension in the relevant Underlying Markets, or during any other period that in our reasonable opinion may give rise to short-term price spikes or other distortions. Our prices may differ from the current prices on the relevant Underlying Markets and you acknowledge that a Transaction may be triggered even though:
(a) an Underlying Market never traded at the level of your Transaction; or
(b) the Underlying Market did trade at the level of your Transaction but for such a short period that it would have been impractical to execute an equivalent transaction on the Underlying Markets.
14.713.7. When you place an Order on the Trading Platform, you agree that you are not dealing a recognised recognized exchange.
14.813.8. You undertake and agree not to use the prices quoted on the Trading Platform for any purpose other than for your own trading purpose, and you agree not to redistribute our prices to any other person whether such redistribution is for commercial or other purposes.
14.913.9. You acknowledge that each Transaction is made for a specified number of units that constitute the Underlying Asset. You may only complete Transactions on the Trading Platform for the minimum number of units as set forth on the Trading Platform as the "Unit Amount", and in multiples of such "Unit Amount" up until the maximum amount permitted by the Trading Platform. You acknowledge and agree that we may set, in our sole and absolute discretion, the "Unit Amount" for each Underlying Asset.
14.1013.10. Each Position opened by you, and any Transaction completed, will be binding on you notwithstanding that by opening the Position you may have exceeded any credit or other limit applicable to you or in respect of your dealings with us.
14.1113.11. You may request a Quote to open or close a Position for a particular Underlying Asset, at any time during the Trading Hours for such Underlying Asset. We will be under no obligation to but may, in our absolute discretion, provide a Quote and accept and act on your offer to open or close a Position for an Underlying Asset outside of the Trading Hours of such Underlying Asset. In some cases, Transactions may only be traded during the time when the relevant Underlying Market is open. Trading Hours are displayed on the Trading Platform under the details link for each specific Underlying Asset. It is your responsibility to ensure you are aware of which Underlying Asset may be affected.
14.1213.12. Without prejudice to any of our right hereunder, if, prior to the acceptance of your Order to open or close a Position, we become aware that any of the factors set out in paragraph 14.13 herein13.13 herein- below, has not been met, we reserve the right to reject your Order outright. If we have, nevertheless, already opened or closed a Position prior to becoming aware that a factor set out in paragraph 14.13 herein has not been met, we may in our discretion, either treat such a Transaction as void from the outset or close the Open Position at our then prevailing price. However, we may, in our absolute discretion, allow you to open or, as the case may be, close the Open Position in which case you will be bound by the opening or closure of such Position, notwithstanding that the factors in paragraph 14.13 herein were not satisfied.
14.13. The factors referred to in paragraph 14.12 include the following:
(a) the quote must be obtained via the Trading Platform or by such other means as we may from time to time notify you;
(b) your offer to open or close the Position must be given while the quote is still valid;
(c) the Quote must not contain a Manifest Error;
(d) when you offer to open a Position, the number of units in respect of which the Transaction is to be opened must be neither smaller than the minimum unit amount specified on the Trading Platform, as applicable, from time to time, nor greater than the amount permitted in accordance with the terms of this Agreement;
(e) when you offer to close part but not all of an open Position both the part of the Position that you offer to close and the part that would remain open if we accepted your offer must not be smaller than the minimum unit amount specified on the Trading Platform;
(f) Force Majeure Event must not have occurred when you offer to open or close a Transaction, which affect the execution of the Transaction;
(g) An Event of Default must not have occurred in respect of you;
(h) when you offer to open any Position, the opening must not result in your exceeding any Initial or Maintenance Margin amount, credit or other limit placed on your dealings;
(i) subject to paragraph 14.12 herein, your offer must be given to us during the Trading Hours for the applicable Underlying Asset in respect of which you offer to open or close the Position;
(j) the internet connection or communications are not disrupted;
(k) there is no request of regulatory or supervisory authorities of the relevant jurisdiction or a court order to the contrary;
(l) the legality or genuineness of the Order is under not under doubt;
(m) there are Normal Market Conditions; and
(n) any other reasonable factor that we, in our sole discretion, notify you from time to time.
14.14. Use of any robots, spiders or other automated data entry system with the Trading Platform is expressly prohibited, unless you receive express written consent by the Company prior to activating the robot. All Transactions must be completed manually by you.
14.15. The Company is under no obligation, unless otherwise agreed in the Agreement, to monitor or advise the Client on the status of any Transaction or to close out any Client’s Open Positions. When the Company decides to do so, this will be done on a discretionary basis and will not be considered an undertaking of an obligation to continue. It is the Client’s responsibility to be aware of his positions at all times.paragraph
Appears in 1 contract
Samples: Client Agreement
GENERAL RULES OF TRADING. 14.1. 17.1 Without prejudice to any other provisions herein and in particular paragraph 14.13 17.14 of this Client Agreement, once the Client places an Order on the Trading Platform, the Company arranges for the execution of the said Order with the Execution Venue according to the Summary of Best Interest and Order Execution Policy, found on the Company’s Website. It is understood that the Company executes does not execute the Client Orders in CFDs as an agenta principal to principal against the Client, i.e. the Company executes Client’s orders is not itself the Execution Venue (as defined in third party Execution Venue(s)Commission Directive 2006/73/EC implementing MiFID) for the execution of the Client Orders.
14.2. 17.2 You acknowledge and agree that each Transaction conducted on the Trading Platform, is comprised of first an offer by you to us to complete a Transaction (whether such offer is to open a Position or close an Open Position) at a certain price quoted on the Trading Platform, and our subsequent acceptance of your offer. An Offer will be deemed to have been completed only when your offer it has been received and accepted by us. Our acceptance of an offer will be evidenced by our confirmation of its terms to you and its completion.
14.3. 17.3 You may request to cancel or amend a Transaction at any time time, prior to our completing such a Transaction.
14.4. 17.4 We reserve the right to void from the outset any Transaction containing or based on any Manifest Error. In the absence of our fraud or wilful willful default, we will not be held liable to you for any loss, cost, claim, demand or any expense following any Manifest Error.
14.517.5 You acknowledge that all of our prices and Quotes shown on the Trading Platform are the ones provided by the Company’s Execution Venue. The Execution Venue obtains prices (BID and ASK prices) of the Underlying Asset for a given CFD from third party reputable external reference sources (i.e. price feeders). The Execution Venue then uses these prices to calculate their own tradable prices for a given CFD and provide them to the Company.
17.6 You shall comply with any restrictions that we notify to you from time to time with respect to your activities on the Trading Platform, including without limitation, the size of Transactions or other conditions that may apply to our Quote. You acknowledge that we may offer to and impose on each Client, in our sole discretion, different terms and restrictions with respect to their use of the Trading Platform.
14.6. 17.7 You acknowledge that the Trading Platform is independent of any Underlying Markets and we are under no obligation to quote a particular price or follow the trading rules consistent with such Underlying Markets. You further acknowledge that the triggering of your Order is linked to the prices quoted on the Trading Platform, not the prices quoted elsewhere on the relevant Underlying Markets and the Company does not guarantee that when executing an Order its price will be more favourable favorable than one which might be available elsewhere. In determining whether the prices quoted on the Trading Platform reach or exceed the price accepted by us in a Transaction, we will be entitled (but not obliged), in our absolute discretion, to disregard any prices quoted on our Platform during any pre-market, post-market or intra-day auction periods in the relevant Underlying Markets, during any intra-day or other period of suspension in the relevant Underlying Markets, or during any other period that in our reasonable opinion may give rise to short-term price spikes or other distortions. Our prices may differ from the current prices on the relevant Underlying Markets and you acknowledge that a Transaction may be triggered even though:.
(a) a. an Underlying Market never traded at the level of your Transaction; or
(b) b. the Underlying Market did trade at the level of your Transaction but for such a short period that it would have been impractical to execute an equivalent transaction on the Underlying Markets.
14.7. 17.8 When you place an Order on the Trading Platform, you agree that you are not dealing a recognised recognized exchange.
14.8. 17.9 You undertake and agree not to use the prices quoted on the Trading Platform for any purpose other than for your own trading purpose, and you agree not to redistribute our prices to any other person whether such redistribution is for commercial or other purposes.
14.9. 17.10 You acknowledge that each Transaction is made for a specified number of units that constitute the Underlying Asset. You may only complete Transactions on the Trading Platform for the minimum number of units as set forth on the Trading Platform as the "Unit Amount", and in multiples of such "Unit Amount" up until the maximum amount permitted by the Trading Platform. You acknowledge and agree that we may set, in our sole and absolute discretion, the "Unit Amount" for each Underlying Asset.
14.10. 17.11 Each Position opened by you, and any Transaction completed, will be binding on you notwithstanding that by opening the Position you may have exceeded any credit or other limit applicable to you or in respect of your dealings with us.
14.11. 17.12 You may request a Quote to open or close a Position for a particular Underlying Asset, at any time during the Trading Hours for such Underlying Asset. We will be under no obligation to to, but may, in our absolute discretion, provide a Quote and accept and act on your offer to open or close a Position for an Underlying Asset outside of the Trading Hours of such Underlying Asset. In some cases, Transactions may only be traded during the time when the relevant Underlying Market is open. Trading Hours are displayed on the Trading Platform under the details link for each specific Underlying Asset. It is your responsibility to ensure that you are aware of which Underlying Asset may be affected.
14.12. 17.13 Without prejudice to any of our right hereunder, if, prior to the acceptance of your Order to open or close a Position, we become aware that any of the factors set out in paragraph 14.13 herein, has 17.14 herein have not been met, we reserve the right to reject your Order outright. If we have, nevertheless, already opened or closed a Position prior to becoming aware that a factor set out in paragraph 14.13 17.14 herein has not been met, we may may, in our discretion, either treat such a Transaction as void from the outset or close the Open Position at our then prevailing price. However, we may, in our absolute discretion, allow you to open or, as the case may be, close the Open Position in which case you will be bound by the opening or closure of such Position, notwithstanding that the factors in paragraph 14.13 17.14 herein were not satisfied.
14.13. 17.14 The factors referred to in paragraph 14.12 17.13 include the following:
(a) a. the quote must be obtained via the Trading Platform or by such other means as we may from time to time notify you;
(b) b. your offer to open or close the Position must be given while the quote is still valid;
(c) c. the Quote must not contain a Manifest Error;
(d) d. when you offer to open a Position, the number of units in respect of which the Transaction is to be opened must be neither smaller than the minimum unit amount specified on the Trading Platform, as applicable, from time to time, nor greater than the amount permitted in accordance with the terms of this Agreement;
(e) e. when you offer to close part but not all of an open Position Position, both the part of the Position that you offer to close and the part that would remain open if we accepted your offer offer, must not be smaller than the minimum unit amount specified on the Trading Platform;
(f) f. Force Majeure Event must not have occurred when you offer to open or close a Transaction, which affect the execution of the Transaction;
(g) g. An Event of Default must not have occurred in respect of you;
(h) h. when you offer to open any Position, the opening must not result in your exceeding any Initial or Maintenance Margin amount, credit or other limit placed on your dealings;
(i) i. subject to paragraph 14.12 17.12 herein, your offer must be given to us during the Trading Hours for the applicable Underlying Asset in respect of which you offer to open or close the Position;
(j) ; j. the internet connection or communications are not disrupted;
(k) there is no request of regulatory or supervisory authorities of the relevant jurisdiction or a court order to the contrary;
(l) the legality or genuineness of the Order is under not under doubt;
(m) there are Normal Market Conditions; and
(n) any other reasonable factor that we, in our sole discretion, notify you from time to time.
14.14. Use of any robots, spiders or other automated data entry system with the Trading Platform is expressly prohibited, unless you receive express written consent by the Company prior to activating the robot. All Transactions must be completed manually by you.
14.15. The Company is under no obligation, unless otherwise agreed in the Agreement, to monitor or advise the Client on the status of any Transaction or to close out any Client’s Open Positions. When the Company decides to do so, this will be done on a discretionary basis and will not be considered an undertaking of an obligation to continue. It is the Client’s responsibility to be aware of his positions at all times.
Appears in 1 contract
Samples: Client Agreement
GENERAL RULES OF TRADING. 14.115.1. Without prejudice to any other provisions herein and in particular paragraph 14.13 15.14 of this Client Agreement, once the Client places an Order on the Trading Platform, the Company arranges for the execution of the said Order with the Execution Venue according to the Summary of Best Interest and Order Execution Policy, found on the Company’s Website. It is understood that the Company executes does not execute the Client Orders in CFDs as an agenta principal to principal against the Client, i.e. the Company executes Client’s orders is not itself the Execution Venue (as defined in third party Execution Venue(s)Commission Directive 2006/73/EC implementing MiFID) for the execution of the Client Orders.
14.215.2. You acknowledge and agree that each Transaction conducted on the Trading Platform, is comprised of first an offer by you to us to complete a Transaction (whether such offer is to open a Position or close an Open Position) at a certain price quoted on the Trading Platform, and our subsequent acceptance of your offer. An Offer will be deemed to have been completed only when your offer has been received and accepted by us. Our acceptance of an offer will be evidenced by our confirmation of its terms to you and its completion.
14.315.3. You may request to cancel or amend a Transaction at any time prior to our completing such a Transaction.
14.415.4. We reserve the right to void from the outset any Transaction containing or based on any Manifest Error. In the absence of our fraud or wilful willful default, we will not be liable to you for any loss, cost, claim, demand or expense following any Manifest Error.
14.515.5. You acknowledge that all of our prices and Quotes shown on the Trading Platform are the ones provided by the Company’s Execution Venue. The Execution Venue obtains prices (BID and ASK prices) of the Underlying Asset for a given CFD from third party reputable external reference sources (i.e. price feeders). The Execution Venue then uses these prices to calculate their own tradable prices for a given CFD and provide them to the Company.
15.6. You shall comply with any restrictions that we notify to you from time to time with respect to your activities on the Trading Platform, including without limitation, the size of Transactions or other conditions that may apply to our Quote. You acknowledge that we may offer to and impose on each Client, in our sole discretion, different terms and restrictions with respect to their use of the Trading Platform.
14.615.7. You acknowledge that the Trading Platform is independent of any Underlying Markets and we are under no obligation to quote a particular price or follow the trading rules consistent with such Underlying Markets. You further acknowledge that the triggering of your Order is linked to the prices quoted on the Trading Platform, not the prices quoted elsewhere on the relevant Underlying Markets and the Company does not guarantee that when executing an Order its price will be more favourable than one which might be available elsewhere. In determining whether the prices quoted on the Trading Platform reach or exceed the price accepted by us in a Transaction, we will be entitled (but not obliged), in our absolute discretion, to disregard any prices quoted on our Platform during any pre-market, post-market or intra-day auction periods in the relevant Underlying Markets, during any intra-day or other period of suspension in the relevant Underlying Markets, or during any other period that in our reasonable opinion may give rise to short-term price spikes or other distortions. Our prices may differ from the current prices on the relevant Underlying Markets and you acknowledge that a Transaction may be triggered even though:
(a) a. an Underlying Market never traded at the level of your Transaction; or
(b) b. the Underlying Market did trade at the level of your Transaction but for such a short period that it would have been impractical to execute an equivalent transaction on the Underlying Markets.
14.715.8. When you place an Order on the Trading Platform, you agree that you are not dealing a recognised recognized exchange.
14.815.9. You undertake and agree not to use the prices quoted on the Trading Platform for any purpose other than for your own trading purpose, and you agree not to redistribute our prices to any other person whether such redistribution is for commercial or other purposes.
14.915.10. You acknowledge that each Transaction is made for a specified number of units that constitute the Underlying Asset. You may only complete Transactions on the Trading Platform for the minimum number of units as set forth on the Trading Platform as the "Unit Amount", and in multiples of such "Unit Amount" up until the maximum amount permitted by the Trading Platform. You acknowledge and agree that we may set, in our sole and absolute discretion, the "Unit Amount" for each Underlying Asset.
14.1015.11. Each Position opened by you, and any Transaction completed, will be binding on you notwithstanding that by opening the Position you may have exceeded any credit or other limit applicable to you or in respect of your dealings with us. It is noted however that the Company applies a Negative Balance Protection Policy pursuant to which, you may not lose more than the amount deposited on the Platform. In the event that a Position is closed at such price causing your equity to fall below zero, the Company shall waive its right to receive the balance from you.
14.1115.12. You may request a Quote to open or close a Position for a particular Underlying Asset, at any time during the Trading Hours for such Underlying Asset. We will be under no obligation to but may, in our absolute discretion, provide a Quote and accept and act on your offer to open or close a Position for an Underlying Asset outside of the Trading Hours of such Underlying Asset. In some cases, Transactions may only be traded during the time when the relevant Underlying Market is open. Trading Hours are displayed on the Trading Platform under the details link for each specific Underlying Asset. It is your responsibility to ensure you are aware of which Underlying Asset may be affected.
14.1215.13. Without prejudice to any of our right hereunder, if, prior to the acceptance of your Order to open or close a Position, we become aware that any of the factors set out in paragraph 14.13 herein, has 15.14 herein have not been met, we reserve the right to reject your Order outright. If we have, nevertheless, already opened or closed a Position prior to becoming aware that a factor set out in paragraph 14.13 15.14 herein has not been met, we may ,e in our discretion, either treat such a Transaction as void from the outset or close the Open Position at our then prevailing price. However, we may, in our absolute discretion, allow you to open or, as the case may be, close the Open Position in which case you will be bound by the opening or closure of such Position, notwithstanding that the factors in paragraph 14.13 15.14 herein were not satisfied.
14.1315.14. The factors referred to in paragraph 14.12 15.13 include the following:
(a) a. the quote must be obtained via the Trading Platform or by such other means as we may from time to time notify you;
(b) b. your offer to open or close the Position must be given while the quote is still valid;
(c) c. the Quote must not contain a Manifest Error;
(d) d. when you offer to open a Position, the number of units in respect of which the Transaction is to be opened must be neither smaller than the minimum unit amount specified on the Trading Platform, as applicable, from time to time, nor greater than the amount permitted in accordance with the terms of this Agreement;
(e) e. when you offer to close part but not all of an open Position both the part of the Position that you offer to close and the part that would remain open if we accepted your offer must not be smaller than the minimum unit amount specified on the Trading Platform;
(f) f. Force Majeure Event must not have occurred when you offer to open or close a Transaction, which affect the execution of the Transaction;
(g) g. An Event of Default must not have occurred in respect of you;
(h) h. when you offer to open any Position, the opening must not result in your exceeding any Initial or Maintenance Margin amount, credit or other limit placed on your dealings;
(i) i. subject to paragraph 14.12 15.12 herein, your offer must be given to us during the Trading Hours for the applicable Underlying Asset in respect of which you offer to open or close the Position;
(j) j. the internet connection or communications are not disrupted;
(k) k. there is no request of regulatory or supervisory authorities of the relevant jurisdiction Cyprus or a court order to the contrary;
(l) l. the legality or genuineness of the Order is under not under doubt;
(m) ; m. there are Normal Market Conditions; and
(n) any other reasonable factor that we, in our sole discretion, notify you from time to time.
14.14. Use of any robots, spiders or other automated data entry system with the Trading Platform is expressly prohibited, unless you receive express written consent by the Company prior to activating the robot. All Transactions must be completed manually by you.
14.15. The Company is under no obligation, unless otherwise agreed in the Agreement, to monitor or advise the Client on the status of any Transaction or to close out any Client’s Open Positions. When the Company decides to do so, this will be done on a discretionary basis and will not be considered an undertaking of an obligation to continue. It is the Client’s responsibility to be aware of his positions at all times.
Appears in 1 contract
Samples: Client Agreement
GENERAL RULES OF TRADING. 14.115.1. Without prejudice to any other provisions herein and in particular paragraph 14.13 of this Client Agreement, once the Client places an Order on the Trading Platform, the Company arranges for the execution of the said Order with the Execution Venue according to the Summary of Best Interest and Order Execution Policy, found on the Company’s Website. It is understood that the The Company executes the Client Orders in CFDs as an agentagent to principal against the Client, i.e. the Company executes Client’s orders in uses a third party Execution Venue(s)service for Straight Through Processing.
14.215.2. You acknowledge and agree that each Transaction conducted on the Trading Platform, is comprised of first an offer by you to us to complete a Transaction (whether such offer is to open a Position or close an Open Position) at a certain price quoted on the Trading Platform, and our subsequent acceptance of your offer. An Offer will be deemed to have been completed only when your offer has been received and accepted by us. Our acceptance of an offer will be evidenced by our confirmation of its terms to you and its completion.
14.315.3. You may request to cancel or amend a Transaction at any time prior to our completing such a Transaction.
14.415.4. We reserve the right to void from the outset any Transaction containing or based on any Manifest Error. In the absence of our fraud or wilful willful default, we will not be liable to you for any loss, cost, claim, demand demand, or expense following any Manifest Error.
14.515.5. You shall comply with any restrictions that we notify to you from time to time with respect to your activities on the Trading Platform, including without limitation, the size of Transactions or other conditions that may apply to our Quote. You acknowledge that we may offer to and impose on each Client, in our sole discretion, different terms and restrictions with respect to their use of the Trading Platform.
14.615.6. You acknowledge that the Trading Platform is independent of any Underlying Markets Markets, and we are under no obligation to quote a particular price or follow the trading rules consistent with such Underlying Markets. You further acknowledge that the triggering of your Order is linked to the prices quoted on the Trading Platform, not the prices quoted elsewhere on the relevant Underlying Markets and the Company does not guarantee that when executing an Order its price will be more favourable favorable than one which might be available elsewhere. In determining whether the prices quoted on the Trading Platform reach or exceed the price accepted by us in a Transaction, we will be entitled (but not obliged), in our absolute discretion, to disregard any prices quoted on our Platform during any pre-market, post-market or intra-day auction periods in the relevant Underlying Markets, during any intra-day or other period of suspension in the relevant Underlying Markets, or during any other period that in our reasonable opinion may give rise to short-term price spikes or other distortions. Our prices may differ from the current prices on the relevant Underlying Markets Markets, and you acknowledge that a Transaction may be triggered even though:
(a) an Underlying Market never traded at the level of your Transaction; or
(b) the Underlying Market did trade at the level of your Transaction but for such a short period that it would have been impractical to execute an equivalent transaction on the Underlying Markets.
14.715.7. When you place an Order on the Trading Platform, you agree that you are not dealing a recognised recognized exchange.
14.815.8. You undertake and agree not to use the prices quoted on the Trading Platform for any purpose other than for your own trading purpose, and you agree not to redistribute our prices to any other person whether such redistribution is for commercial or other purposes.
14.915.9. You acknowledge that each Transaction is made for a specified number of units that constitute the Underlying Asset. You may only complete Transactions on the Trading Platform for the minimum number of units as set forth on the Trading Platform as the "Unit Amount", and in multiples of such "Unit Amount" up until the maximum amount permitted by the Trading Platform. You acknowledge and agree that we may set, in our sole and absolute discretion, the "Unit Amount" for each Underlying Asset.
14.1015.10. Each Position opened by you, and any Transaction completed, will be binding on you notwithstanding that by opening the Position you may have exceeded any credit or other limit applicable to you or in respect of your dealings with us.
14.1115.11. You may request a Quote to open or close a Position for a particular Underlying Asset, at any time during the Trading Hours for such Underlying Asset. We will be under no obligation to but may, in our absolute discretion, provide a Quote and accept and act on your offer to open or close a Position for an Underlying Asset outside of the Trading Hours of such Underlying Asset. In some cases, Transactions may only be traded during the time when the relevant Underlying Market is open. Trading Hours are displayed on the Trading Platform under the details link for each specific Underlying Asset. It is your responsibility to ensure you are aware of which Underlying Asset may be affected.
14.1215.12. Without prejudice to any of our right hereunder, if, prior to the acceptance of your Order to open or close a Position, we become aware that any of the factors set out in paragraph 14.13 hereinthis client agreement, has not been met, we reserve the right to reject your Order outright. If we have, nevertheless, already opened opened, or closed a Position prior to becoming aware that a factor set out in paragraph 14.13 herein this client agreement has not been met, we may in our discretion, either treat such a Transaction as void from the outset or close the Open Position at our then prevailing price. However, we may, in our absolute discretion, allow you to open or, as the case may be, close the Open Position in which case you will be bound by the opening or closure of such Position, notwithstanding that the factors in paragraph 14.13 herein this client agreement were not satisfied.
14.1315.13. The factors referred to in paragraph 14.12 15.12 include the following:
(a) the quote must be obtained via the Trading Platform or by such other means as we may from time to time notify you;.
(b) your offer to open or close the Position must be given while the quote is still valid;.
(c) the Quote must not contain a Manifest Error;.
(d) when you offer to open a Position, the number of units in respect of which the Transaction is to be opened must be neither smaller than the minimum unit amount specified on the Trading Platform, as applicable, from time to time, nor greater than the amount permitted in accordance with the terms of this Agreement;.
(e) when you offer to close part but not all of an open Position both the part of the Position that you offer to close and the part that would remain open if we accepted your offer must not be smaller than the minimum unit amount specified on the Trading Platform;.
(f) Force Majeure Event must not have occurred when you offer to open or close a Transaction, which affect the execution of the Transaction;.
(g) An Event of Default must not have occurred in respect of you;.
(h) when you offer to open any Position, the opening must not result in your exceeding any Initial or Maintenance Margin amount, credit or other limit placed on your dealings;.
(i) subject to paragraph 14.12 15.12 herein, your offer must be given to us during the Trading Hours for the applicable Underlying Asset in respect of which you offer to open or close the Position;.
(j) the internet connection or communications are not disrupted;.
(k) there is no request of regulatory or supervisory authorities of the relevant jurisdiction Australia or a court order to the contrary;.
(l) the legality or genuineness of the Order is under not under doubt;.
(m) there are Normal Market Conditions; and
(n) any other reasonable factor that we, in our sole discretion, notify you from time to time.
14.1415.14. Use of any robots, spiders or other automated data entry system with the Trading Platform is expressly prohibited, unless you receive express written consent by the Company prior to activating the robot. All Transactions must be completed manually by you.
14.1515.15. The Company is under no obligation, unless otherwise agreed in the Agreement, to monitor or advise the Client on the status of any Transaction or to close out any Client’s Open Positions. When the Company decides to do so, this will be done on a discretionary basis and will not be considered an undertaking of an obligation to continue. It is the Client’s responsibility to be aware of his positions at all times.
Appears in 1 contract
Samples: Client Agreement
GENERAL RULES OF TRADING. 14.18.1. Without prejudice to any other provisions herein and in particular paragraph 14.13 of this Agreement, once All Orders placed by the Client places an Order on shall be transmitted for execution to another party (Liquidity Provider) hence Eurotrade SA shall not be executing your Orders as a counterparty in the Trading Platform, the Company arranges for the execution of the said Order with the Execution Venue according to the Summary of Best Interest and Order Execution Policy, found on the Company’s Website. It is understood that the Company executes the Client Orders in CFDs as an agent, i.e. the Company executes Client’s orders in third party Execution Venue(s)Transaction against you.
14.28.2. You acknowledge and agree that each Transaction conducted on the Trading Platform, including the placing of an Order, is comprised of first first, an offer by you to us to complete a Transaction (whether such offer is to open a Position Transaction or close an Open Positionopen Transaction) at a certain price quoted on the Trading Platform, and our subsequent acceptance of your offer. An Offer A Transaction will be deemed to have been completed only when your offer has been received and accepted by us. Our acceptance of an offer will be evidenced by our confirmation of its terms to you and its completion.
14.38.3. We will be under no obligation to, but may in our absolute discretion, provide quotes for, or accept, execute or cancel, all or any part of a Transaction that you have requested through the Trading Platform without giving any reason. You may request to cancel or amend a Transaction at any time prior to our completing such a Transaction. We shall be titled, but not obliged, to accept such a request at our sole discretion.
14.48.4. We reserve the right to void from the outset any Transaction containing or based on any Manifest Error. In the absence of our fraud or wilful willful default, we will not be liable to you for any loss, cost, claim, demand or expense following any Manifest Error.
14.58.5. You acknowledge that all prices and quotes shown on the Trading Platform are indicative only of actual trading prices in Normal Market Size and are subject to constant change. Eurotrade SA provides quotes by taking into account the Underlying Asset price, but this does not mean that these quotes are within any specific percentage of the Underlying Asset price. When the relevant Underlying Market is closed, the quotes provided by Eurotrade SA will reflect what Eurotrade SA thinks to be the current Bid and Ask Price of the relevant Underlying Asset at that time.
8.6. You shall comply with any restrictions that we notify to you of from time to time with respect to your activities on the Trading Platform, including without limitation, the size of Transactions or other conditions that may apply to our Quotequote. You acknowledge that we may offer to and impose on each Clientuser, in our sole discretion, different terms and restrictions with respect to their use of the Trading Platform.
14.68.7. You acknowledge that the Trading Platform is independent of any Underlying Markets Markets, and we are under no obligation to quote a particular price or follow the trading rules consistent with such Underlying Markets. You further acknowledge that the triggering of your Order Transaction is linked to the prices quoted we quote on the Trading Platform, not the prices quoted elsewhere on the relevant Underlying Markets and the Company does not guarantee that when executing an Order its price will be more favourable than one which might be available elsewhereMarkets. In determining whether the prices quoted on the Trading Platform reach or exceed the price accepted by us in a Transaction, we will be entitled (but not obliged), in our absolute discretion, to disregard any prices quoted on our Platform by us during any pre-pre- market, post-market or intra-day auction periods in the relevant Underlying Markets, during any intra-day intraday or other period of suspension in the relevant Underlying Markets, or during any other period that in our reasonable opinion may give rise to short-short- term price spikes or other distortions. Our prices may differ from the current prices on the relevant Underlying Markets Markets, and you acknowledge that a Transaction may be triggered even though:
(a) an a. An Underlying Market never traded at the level of your Transaction; or
(b) the Underlying Market did trade at the level of your Transaction but for such a short period that it would have been impractical to execute an equivalent transaction on the Underlying Markets.
14.7. When you place an Order on the Trading Platform, you agree that you are not dealing a recognised exchange.
14.8. You undertake and agree not to use the prices quoted on the Trading Platform for any purpose other than for your own trading purpose, and you agree not to redistribute our prices to any other person whether such redistribution is for commercial or other purposes.
14.9. You acknowledge that each Transaction is made for a specified number of units that constitute the Underlying Asset. You may only complete Transactions on the Trading Platform for the minimum number of units as set forth on the Trading Platform as the "Unit Amount", and in multiples of such "Unit Amount" up until the maximum amount permitted by the Trading Platform. You acknowledge and agree that we may set, in our sole and absolute discretion, the "Unit Amount" for each Underlying Asset.
14.10. Each Position opened by you, and any Transaction completed, will be binding on you notwithstanding that by opening the Position you may have exceeded any credit or other limit applicable to you or in respect of your dealings with us.
14.11. You may request a Quote to open or close a Position for a particular Underlying Asset, at any time during the Trading Hours for such Underlying Asset. We will be under no obligation to but may, in our absolute discretion, provide a Quote and accept and act on your offer to open or close a Position for an Underlying Asset outside of the Trading Hours of such Underlying Asset. In some cases, Transactions may only be traded during the time when the relevant Underlying Market is open. Trading Hours are displayed on the Trading Platform under the details link for each specific Underlying Asset. It is your responsibility to ensure you are aware of which Underlying Asset may be affected.
14.12. Without prejudice to any of our right hereunder, if, prior to the acceptance of your Order to open or close a Position, we become aware that any of the factors set out in paragraph 14.13 herein, has not been met, we reserve the right to reject your Order outright. If we have, nevertheless, already opened or closed a Position prior to becoming aware that a factor set out in paragraph 14.13 herein has not been met, we may in our discretion, either treat such a Transaction as void from the outset or close the Open Position at our then prevailing price. However, we may, in our absolute discretion, allow you to open or, as the case may be, close the Open Position in which case you will be bound by the opening or closure of such Position, notwithstanding that the factors in paragraph 14.13 herein were not satisfied.
14.13. The factors referred to in paragraph 14.12 include the following:
(a) the quote must be obtained via the Trading Platform or by such other means as we may from time to time notify you;
(b) your offer to open or close the Position must be given while the quote is still valid;
(c) the Quote must not contain a Manifest Error;
(d) when you offer to open a Position, the number of units in respect of which the Transaction is to be opened must be neither smaller than the minimum unit amount specified on the Trading Platform, as applicable, from time to time, nor greater than the amount permitted in accordance with the terms of this Agreement;
(e) when you offer to close part but not all of an open Position both the part of the Position that you offer to close and the part that would remain open if we accepted your offer must not be smaller than the minimum unit amount specified on the Trading Platform;
(f) Force Majeure Event must not have occurred when you offer to open or close a Transaction, which affect the execution of the Transaction;
(g) An Event of Default must not have occurred in respect of you;
(h) when you offer to open any Position, the opening must not result in your exceeding any Initial or Maintenance Margin amount, credit or other limit placed on your dealings;
(i) subject to paragraph 14.12 herein, your offer must be given to us during the Trading Hours for the applicable Underlying Asset in respect of which you offer to open or close the Position;
(j) the internet connection or communications are not disrupted;
(k) there is no request of regulatory or supervisory authorities of the relevant jurisdiction or a court order to the contrary;
(l) the legality or genuineness of the Order is under not under doubt;
(m) there are Normal Market Conditions; and
(n) any other reasonable factor that we, in our sole discretion, notify you from time to time.
14.14. Use of any robots, spiders or other automated data entry system with the Trading Platform is expressly prohibited, unless you receive express written consent by the Company prior to activating the robot. All Transactions must be completed manually by you.
14.15. The Company is under no obligation, unless otherwise agreed in the Agreement, to monitor or advise the Client on the status of any Transaction or to close out any Client’s Open Positions. When the Company decides to do so, this will be done on a discretionary basis and will not be considered an undertaking of an obligation to continue. It is the Client’s responsibility to be aware of his positions at all times.
Appears in 1 contract
Samples: Account Opening Agreement
GENERAL RULES OF TRADING. 14.113.1. Without prejudice to any other provisions herein and in particular paragraph 14.13 of this Agreementherein, once the Client places an Order on the Trading Platform, the Company arranges for the execution of the said Order with the Execution Venue according to the Summary of Best Interest and Order Execution Policy, found on the Company’s WebsiteOrder. It is understood that the Company executes the Client Orders in CFDs as an agenta principal against the Client, i.e. the Company executes Client’s orders in third party is the Execution Venue(s)Venue for the execution of the Client Orders.
14.213.2. You acknowledge and agree that each Transaction conducted on the Trading Platform, is comprised of first an offer by you to us to complete a Transaction (whether such offer is to open a Position or close an Open Position) at a certain price quoted on the Trading Platform, and our subsequent acceptance of your offer. An Offer will be deemed to have been completed only when your offer has been received and accepted by us. Our acceptance of an offer will be evidenced by our confirmation of its terms to you and its completion.
14.313.3. You may request to cancel or amend a Transaction at any time prior to our completing such a Transaction.
14.413.4. We reserve the right to void from the outset any Transaction containing or based on any Manifest Error. In the absence of our fraud or wilful willful default, we will not be liable to you for any loss, cost, claim, demand or expense following any Manifest Error.
14.513.5. You shall comply with any restrictions that we notify to you from time to time with respect to your activities on the Trading Platform, including without limitation, the size of Transactions or other conditions that may apply to our Quote. You acknowledge that we may offer to and impose on each Client, in our sole discretion, different terms and restrictions with respect to their use of the Trading Platform.
14.613.6. You acknowledge that the Trading Platform is independent of any Underlying Markets and we are under no obligation to quote a particular price or follow the trading rules consistent with such Underlying Markets. You further acknowledge that the triggering of your Order is linked to the prices quoted on the Trading Platform, with reference to market data. Prices provided by the Company are not linked to the prices quoted elsewhere on the relevant Underlying Markets and the Company does not guarantee that when executing an Order its price will be more favourable favorable than one which might be available elsewhere. In determining whether the prices quoted on the Trading Platform reach or exceed the price accepted by us in a Transaction, we will be entitled (but not obliged), in our absolute discretion, to disregard any prices quoted on our Platform during any pre-market, post-market or intra-day auction periods in the relevant Underlying Markets, during any intra-day or other period of suspension in the relevant Underlying Markets, or during any other period that in our reasonable opinion may give rise to short-term price spikes or other distortions. Our prices may differ from the current prices on the relevant Underlying Markets and you acknowledge that a Transaction may be triggered even though:
(a) an Underlying Market never traded at the level of your Transaction; or
(b) the Underlying Market did trade at the level of your Transaction but for such a short period that it would have been impractical to execute an equivalent transaction on the Underlying Markets.
14.713.7. When you place an Order on the Trading Platform, you agree that you are not dealing a recognised recognized exchange.
14.813.8. You undertake and agree not to use the prices quoted on the Trading Platform for any purpose other than for your own trading purpose, and you agree not to redistribute our prices to any other person whether such redistribution is for commercial or other purposes.
14.913.9. You acknowledge that each Transaction is made for a specified number of units that constitute the Underlying Asset. You may only complete Transactions on the Trading Platform for the minimum number of units as set forth on the Trading Platform as the "Unit Amount", and in multiples of such "Unit Amount" up until the maximum amount permitted by the Trading Platform. You acknowledge and agree that we may set, in our sole and absolute discretion, the "Unit Amount" for each Underlying Asset.
14.1013.10. The Company reserves the right under its own discretion to limit the number of open positions the Client may open, regardless of the presence of guarantees provided by the Clients. The Company, may take these actions should it deem that the Client is exposed to high volatility in the market and the potential associated risks of such volatility. These actions should be regarded as protective measure for the Client.
13.11. Each Position opened by you, and any Transaction completed, will be binding on you notwithstanding that by opening the Position you may have exceeded any credit or other limit applicable to you or in respect of your dealings with usyou.
14.1113.12. You may request a Quote to open or close a Position for a particular Underlying Asset, at any time during the Trading Hours for such Underlying Asset. We will be under no obligation to but may, in our absolute discretion, provide a Quote and accept and act on your offer to open or close a Position for an Underlying Asset outside of the Trading Hours of such Underlying Asset. In some cases, Transactions may only be traded during the time when the relevant Underlying Market is open. Trading Hours are displayed on the Trading Platform under the details link for each specific Underlying Asset. It is your responsibility to ensure you are aware of which Underlying Asset may be affected.
14.1213.13. Without prejudice to any of our right hereunder, if, prior to the acceptance of your Order to open or close a Position, we become aware that any of the factors set out in paragraph 14.13 13.13 herein, has not been met, we reserve the right to reject your Order outright. If we have, nevertheless, already opened or closed a Position prior to becoming aware that a factor set out in paragraph 14.13 13.13 herein has not been met, we may in our discretion, either treat such a Transaction as void from the outset or close the Open Position at our then prevailing price. However, we may, in our absolute discretion, allow you to open or, as the case may be, close the Open Position in which case you will be bound by the opening or closure of such Position, notwithstanding that the factors in paragraph 14.13 13.13 herein were not satisfied.
14.1313.14. The factors referred to in paragraph 14.12 13.12 include the following:
(a) the quote must be obtained via the Trading Platform or by such other means as we may from time to time notify you;
(b) your offer to open or close the Position must be given while the quote is still valid;
(c) the Quote must not contain a Manifest Error;
(d) when you offer to open a Position, the number of units in respect of which the Transaction is to be opened must be neither smaller than the minimum unit amount specified on the Trading Platform, as applicable, from time to time, nor greater than the amount permitted in accordance with the terms of this Agreement;
(e) when you offer to close part but not all of an open Position both the part of the Position that you offer to close and the part that would remain open if we accepted your offer must not be smaller than the minimum unit amount specified on the Trading Platform;
(f) Force Majeure Event must not have occurred when you offer to open or close a Transaction, which affect the execution of the Transaction;
(g) An Event of Default must not have occurred in respect of you;
(h) when you offer to open any Position, the opening must not result in your exceeding any Initial or Maintenance Margin amount, credit or other limit placed on your dealings;
(i) subject to paragraph 14.12 13.12 herein, your offer must be given to us during the Trading Hours for the applicable Underlying Asset in respect of which you offer to open or close the Position;
(j) the internet connection or communications are not disrupted;
(k) there is no request of regulatory or supervisory authorities of the relevant jurisdiction Vanuatu or a court order to the contrary;
(l) the legality or genuineness of the Order is under not under doubt;
(m) there are Normal Market Conditionsnormal market conditions; and
(n) any other reasonable factor that we, in our sole discretion, notify you from time to time.
14.14. Use of any robots, spiders or other automated data entry system with the Trading Platform is expressly prohibited, unless you receive express written consent by the Company prior to activating the robot. All Transactions must be completed manually by you.
14.1513.15. The Company is under no obligation, unless otherwise agreed in between the AgreementClient and the Company, to monitor or advise the Client on the status of any Transaction or to close out any Client’s Open Positions. When the Company decides to do so, this will be done on a discretionary basis and will not be considered an undertaking of an obligation to continueTransaction. It is the Client’s responsibility to be aware of his positions at all times.
13.16. One or more of the Client’s trades may be affected by a corporate action type event (“Corporate Action”) the occurrence of which may have a dramatic effect on their trade(s) and/or on their trading account generally. A Corporate Action can include but is not limited to:
a) any rights, scrip, bonus, capitalization or other issue or offer of shares, warrants or options
b) any acquisition or cancellation of own shares by the issuer any reduction, subdivision, consolidation or reclassification of share capital
c) any distribution of cash or shares, including any payment of dividend
d) a take-over or merger offer
e) any amalgamation or reconstruction affecting the shares concerned The Company will undertake any actions that it considers reasonable and necessary to give effect to the Corporate Action as it relates to the Client’s CFD trade(s). The actions the Company may take upon the occurrence of a Corporate Action are as follows:
a) the Client’s trading account may be credited or debited with an amount due
b) the Client’s open trades and/or working Orders including any Take Profit or Stop Loss Orders may be adjusted, closed or cancelled to reflect the terms of the Corporate Action
c) one or more new trades may be opened on the Client’s trading account, as soon as practicable and as a result of the corporate event
d) the Company may increase the margin factor in relation to the affected trade(s)
e) the Company may restrict access to the trading account so that the Client is not able to close one or more of the affected trades until after the Corporate Action has passed. The Company recommends that before Clients open a trade with the Company they carry out their own research into whether the trade that they intend to open is liable to be the subject of a Corporate Action and if so the likely effect of that action on the trade that they wish to open. The Client is responsible to ensure that sufficient amount of funds, is placed in the client’s account in order to make any additional transactions in financial instruments pursuant to the corporate action. The Company is not obliged to take any action on the client’s behalf if there no sufficient funds in place to proceed with such an action.
Appears in 1 contract
Samples: Client Agreement
GENERAL RULES OF TRADING. 14.113.1. Without prejudice to any other provisions herein and in particular paragraph 14.13 13.13 of this Client Agreement, once the Client places an Order on the Trading Platform, the Company arranges for the execution of the said Order with the Execution Venue according to the Summary of Best Interest and Order Execution Policy, found on the Company’s Website. It is understood that the Company executes the Client Orders in CFDs as an agent, i.e. the Company executes Client’s orders in third party Execution Venue(s)Order.
14.213.2. You acknowledge and agree that each Transaction conducted on the Trading Platform, is comprised of first an offer by you to us to complete a Transaction (whether such offer is to open a Position or close an Open Position) at a certain price quoted on the Trading Platform, and our subsequent acceptance of your offer. An Offer will be deemed to have been completed only when your offer has been received and accepted by us. Our acceptance of an offer will be evidenced by our confirmation of its terms to you and its completion.
14.313.3. You may request to cancel or amend a Transaction at any time prior to our completing such a Transaction.
14.413.4. We reserve the right to void from the outset any Transaction containing or based on any Manifest Error. In the absence of our fraud or wilful willful default, we will not be liable to you for any loss, cost, claim, demand or expense following any Manifest Error.
14.513.5. You shall comply with any restrictions that we notify to you from time to time with respect to your activities on the Trading Platform, including without limitation, the size of Transactions or other conditions that may apply to our Quote. You acknowledge that we may offer to and impose on each Client, in our sole discretion, different terms and restrictions with respect to their use of the Trading Platform.
14.6. You acknowledge that the Trading Platform is independent of any Underlying Markets and we are under no obligation to quote a particular price or follow the trading rules consistent with such Underlying Markets. You further acknowledge that the triggering of your Order is linked to the prices quoted on the Trading Platform, not the prices quoted elsewhere on the relevant Underlying Markets and the Company does not guarantee that when executing an Order its price will be more favourable favorable than one which might be available elsewhere. In determining whether the prices quoted on the Trading Platform reach or exceed the price accepted by us in a Transaction, we will be entitled (but not obliged), in our absolute discretion, to disregard any prices quoted on our Platform during any pre-market, post-market or intra-day auction periods in the relevant Underlying Markets, during any intra-day or other period of suspension in the relevant Underlying Markets, or during any other period that in our reasonable opinion may give rise to short-term price spikes or other distortions. Our prices may differ from the current prices on the relevant Underlying Markets and you acknowledge that a Transaction may be triggered even though:
(a) an Underlying Market never traded at the level of your Transaction; or
(b) the Underlying Market did trade at the level of your Transaction but for such a short period that it would have been impractical to execute an equivalent transaction on the Underlying Markets.
14.713.6. When you place an Order on the Trading Platform, you agree that you are not dealing a recognised recognized exchange.
14.813.7. You undertake and agree not to use the prices quoted on the Trading Platform for any purpose other than for your own trading purpose, and you agree not to redistribute our prices to any other person whether such redistribution is for commercial or other purposes.
14.913.8. You acknowledge that each Transaction is made for a specified number of units that constitute the Underlying Asset. You may only complete Transactions on the Trading Platform for the minimum number of units as set forth on the Trading Platform as the "Unit Amount", and in multiples of such "Unit Amount" up until the maximum amount permitted by the Trading Platform. You acknowledge and agree that we may set, in our sole and absolute discretion, the "Unit Amount" for each Underlying Asset.
14.1013.9. Each Position opened by you, and any Transaction completed, will be binding on you notwithstanding that by opening the Position you may have exceeded any credit or other limit applicable to you or in respect of your dealings with us.
14.1113.10. You may request a Quote to open or close a Position for a particular Underlying Asset, at any time during the Trading Hours for such Underlying Asset. We will be under no obligation to but may, in our absolute discretion, provide a Quote and accept and act on your offer to open or close a Position for an Underlying Asset outside of the Trading Hours of such Underlying Asset. In some cases, Transactions may only be traded during the time when the relevant Underlying Market is open. Trading Hours are displayed on the Trading Platform under the details link for each specific Underlying Asset. It is your responsibility to ensure you are aware of which Underlying Asset may be affected.
14.1213.11. Without prejudice to any of our right hereunder, if, prior to the acceptance of your Order to open or close a Position, we become aware that any of the factors set out in paragraph 14.13 herein13.13 herein- below, has not been met, we reserve the right to reject your Order outright. If we have, nevertheless, already opened or closed a Position prior to becoming aware that a factor set out in paragraph 14.13 herein has not been met, we may in our discretion, either treat such a Transaction as void from the outset or close the Open Position at our then prevailing price. However, we may, in our absolute discretion, allow you to open or, as the case may be, close the Open Position in which case you will be bound by the opening or closure of such Position, notwithstanding that the factors in paragraph 14.13 herein were not satisfied.
14.13. The factors referred to in paragraph 14.12 include the following:
(a) the quote must be obtained via the Trading Platform or by such other means as we may from time to time notify you;
(b) your offer to open or close the Position must be given while the quote is still valid;
(c) the Quote must not contain a Manifest Error;
(d) when you offer to open a Position, the number of units in respect of which the Transaction is to be opened must be neither smaller than the minimum unit amount specified on the Trading Platform, as applicable, from time to time, nor greater than the amount permitted in accordance with the terms of this Agreement;
(e) when you offer to close part but not all of an open Position both the part of the Position that you offer to close and the part that would remain open if we accepted your offer must not be smaller than the minimum unit amount specified on the Trading Platform;
(f) Force Majeure Event must not have occurred when you offer to open or close a Transaction, which affect the execution of the Transaction;
(g) An Event of Default must not have occurred in respect of you;
(h) when you offer to open any Position, the opening must not result in your exceeding any Initial or Maintenance Margin amount, credit or other limit placed on your dealings;
(i) subject to paragraph 14.12 herein, your offer must be given to us during the Trading Hours for the applicable Underlying Asset in respect of which you offer to open or close the Position;
(j) the internet connection or communications are not disrupted;
(k) there is no request of regulatory or supervisory authorities of the relevant jurisdiction or a court order to the contrary;
(l) the legality or genuineness of the Order is under not under doubt;
(m) there are Normal Market Conditions; and
(n) any other reasonable factor that we, in our sole discretion, notify you from time to time.
14.14. Use of any robots, spiders or other automated data entry system with the Trading Platform is expressly prohibited, unless you receive express written consent by the Company prior to activating the robot. All Transactions must be completed manually by you.
14.15. The Company is under no obligation, unless otherwise agreed in the Agreement, to monitor or advise the Client on the status of any Transaction or to close out any Client’s Open Positions. When the Company decides to do so, this will be done on a discretionary basis and will not be considered an undertaking of an obligation to continue. It is the Client’s responsibility to be aware of his positions at all times.paragraph
Appears in 1 contract
Samples: Client Agreement
GENERAL RULES OF TRADING. 14.18.1. Without prejudice to any other provisions herein and in particular paragraph 14.13 of this Agreement, once All Orders placed by the Client places an Order on the Trading Platform, shall be transmitted for execution to another party (Liquidity Provider) hence the Company arranges for shall not be executing your Orders as counterparty in the execution of the said Order with the Execution Venue according to the Summary of Best Interest and Order Execution Policy, found on the Company’s Website. It is understood that the Company executes the Client Orders in CFDs as an agent, i.e. the Company executes Client’s orders in third party Execution Venue(s)Transaction against you.
14.28.2. You acknowledge and agree that each Transaction conducted on the Trading Platform, including the placing of an Order, is comprised of first first, an offer by you to us to complete a Transaction (whether such offer is to open a Position Transaction or close an Open Positionopen Transaction) at a certain price quoted on the Trading Platform, and our subsequent acceptance of your offer. An Offer A Transaction will be deemed to have been completed only when your offer has been received and accepted by us. Our acceptance of an offer will be evidenced by our confirmation of its terms to you and its completion.
14.38.3. We will be under no obligation to, but may in our absolute discretion, provide quotes for, or accept, execute or cancel, all or any part of a Transaction that you have requested through the Trading Platform without giving any reason. You may request to cancel or amend a Transaction at any time prior to our completing such a Transaction. We shall be entitled, but not obliged, to accept such a request in our sole discretion.
14.48.4. We reserve the right to void from the outset any Transaction containing or based on any Manifest Error. In the absence of our fraud or wilful willful default, we will not be liable to you for any loss, cost, claim, demand or expense following any Manifest Error.
14.58.5. You acknowledge that all prices and quotes shown on the Trading Platform are indicative only of actual trading prices in Normal Market Size and are subject to constant change. The Company provides quotes by taking into account the Underlying Asset price, but this does not mean that these quotes are within any specific percentage of the Underlying Asset price. When the relevant Underlying Market is closed, the quotes provided by the Company will reflect what the Company thinks to be the current Bid and Ask price of the relevant Underlying Asset at that time.
8.6. You shall comply with any restrictions that we notify to you from time to time with respect to your activities on the Trading Platform, including without limitation, the size of Transactions or other conditions that may apply to our Quotequote. You acknowledge that we may offer to and impose on each Clientuser, in our sole discretion, different terms and restrictions with respect to their use of the Trading Platform.
14.68.7. You acknowledge that the Trading Platform is independent of any Underlying Markets and we are under no obligation to quote a particular price or follow the trading rules consistent with such Underlying Markets. You further acknowledge that the triggering of your Order Transaction is linked to the prices quoted we quote on the Trading Platform, not the prices quoted elsewhere on the relevant Underlying Markets and the Company does not guarantee that when executing an Order its price will be more favourable than one which might be available elsewhereMarkets. In determining whether the prices quoted on the Trading Platform reach or exceed the price accepted by us in a Transaction, we will be entitled (but not obliged), in our absolute discretion, to disregard any prices quoted on our Platform by us during any pre-market, post-market or intra-day auction periods in the relevant Underlying Markets, during any intra-day intraday or other period of suspension in the relevant Underlying Markets, or during any other period that in our reasonable opinion may give rise to short-short- term price spikes or other distortions. Our prices may differ from the current prices on the relevant Underlying Markets and you acknowledge that a Transaction may be triggered even though:
(a) an An Underlying Market never traded at the level of your Transaction; or
(b) the The Underlying Market did trade at the level of your Transaction but for such a short period that it would have been impractical to execute an equivalent transaction on the Underlying Markets.
14.78.8. When you place an Order complete a Transaction on the Trading Platform, you agree that you are not dealing a recognised recognized exchange.
14.88.9. You acknowledge that any prices quoted on the Trading Platform are set by the Liquidity Provider in its reasonable discretion, taking into account a variety of factors including prevailing market conditions and trading demand on the Trading Platform. You undertake and agree not to use the prices quoted on the Trading Platform for any purpose other than for your own trading purpose, and you agree not to redistribute our prices to any other person whether such redistribution is for commercial or other purposes.
14.98.10. You acknowledge that each Transaction is made for a specified number of units that constitute the Underlying Asset. You may only complete Transactions on the Trading Platform for the minimum number of units as set forth on the Trading Platform as the "“Unit Amount"”, and in multiples of such "“Unit Amount" ” up until the maximum amount permitted by the Trading Platform. You acknowledge and agree that we may set, in our sole and absolute discretion, the "“Unit Amount" ” for each Underlying Asset.
14.108.11. Each Position Transaction opened by you, and any Transaction completed, will be binding on you notwithstanding that by opening the Position Transaction you may have exceeded any credit or other limit applicable to you or in respect of your dealings with us.
14.118.12. You Subject to Paragraph 8.15 you may request a Quote quote to open or close a Position Transaction for a particular Underlying Asset, at any time during the Trading Hours for such Underlying Asset. We will be under no obligation to but may, in our absolute discretion, provide a Quote quote and accept and act on your offer to open or close a Position Transaction for an Underlying Asset outside of the Trading Hours of such Underlying Asset. In some cases, cases Transactions may only be traded during the time when the relevant Underlying Market where the Underlying Asset traded is open. Trading Hours are displayed on the Trading Platform under the details link for each specific Underlying Asset. It is your responsibility to ensure you are aware of which Underlying Asset may be affected.
14.128.13. Without prejudice to any of our right hereunder, if, prior to the acceptance of your Order offer to open or close a PositionTransaction, we become aware that any of the factors set out in paragraph 14.13 herein, has Paragraph 8.14 have not been met, we reserve the right to reject your Order offer outright. If we have, nevertheless, already opened or closed a Position Transaction prior to becoming aware that a factor set out in paragraph 14.13 herein Paragraph 8.14 has not been met, we may may, in our absolute discretion, either treat such a Transaction as void from the outset or close the Open Position it at our then prevailing price. However, we may, in our absolute discretion, allow you to open or, as the case may be, close the Open Position Transaction in which case you will be bound by the opening or closure of such PositionTransaction, notwithstanding that the factors in paragraph 14.13 herein Paragraph 8.14 were not satisfied.
14.138.14. The factors referred to in paragraph 14.12 Paragraph 8.13 include the following:
(a) the quote must be obtained via the Trading Platform or by such other means as we may from time to time notify you;
(b) your offer to open or close the Position Transaction must be given while the quote is still valid;
(c) the Quote quote must not contain a Manifest Error;
(d) when you offer to open a PositionTransaction, the number of units in respect of which the Transaction is to be opened must be neither smaller than the minimum unit amount specified on the Trading PlatformPlatform for the Instrument, as applicable, from time to time, nor greater than the amount permitted in accordance with the terms of this Agreement;
(e) when you offer to close part but not all of an open Position Transaction both the part of the Position Transaction that you offer to close and the part that would remain open if we accepted your offer must not be smaller than the minimum unit amount specified on the Trading Platform;
(f) Force Majeure Event must not have occurred when you offer to open or close a Transaction, which affect the execution of the Transaction;
(g) An an Event of Default must not have occurred in respect of you;
(h) when you offer to open any PositionTransaction, the opening of the Transaction must not result in your exceeding any Initial initial or Maintenance Margin maintenance margin amount, credit or other limit placed on your dealings;
(i) subject to paragraph 14.12 hereinParagraph 8.12, your offer must be given to us during the Trading Hours for the applicable Underlying Asset in respect of which you offer to open or close the PositionTransaction;
(j) the internet connection or communications are not disrupted;
(k) there is no request of regulatory or supervisory authorities of the relevant jurisdiction Mauritius or a court order to the contrary;
(l) the legality or genuineness of the Order is under not under doubt;
(m) there are Normal Market Conditions; and
(n) any other reasonable factor that we, in our sole discretion, notify you from time to time.
14.148.15. Use If, before your offer to open or close a Transaction is accepted by us, our quote moves to your advantage (for example, if the price goes down as you buy or the price goes up as you sell) you agree that we can (but do not have to) pass such price improvement on to you. The effect of such action being that the level at which you offer to open or close a Transaction will, upon acceptance by us, be altered to the more favorable price. You acknowledge that it is in your best interests for us to alter the level of your offer in the manner contemplated in this Paragraph and you agree that any robotsoffer altered in accordance with this Paragraph, spiders or other automated data entry system with once accepted by us, results in a fully binding agreement between us. Without derogating from the Trading Platform foregoing, you acknowledge that it is expressly prohibited, unless you receive express written consent by the Company prior within our complete discretion as to activating the robotwhen we will pass on a price improvement to you. All Transactions must be completed manually by youYou should also note that we will only pass on a price improvement within allowable limits.
14.158.16. The Company is under no obligation, unless otherwise agreed in the Agreement, to monitor or advise the Client on the status of any Transaction or to close out any Client’s Open Positions. When the Company decides to do so, this will be done on a discretionary basis and will not be considered an undertaking of an obligation to continue. It is the Client’s responsibility to be aware of his positions at all times.
Appears in 1 contract
Samples: Client Agreement
GENERAL RULES OF TRADING. 14.115.1. Without prejudice to any other provisions herein and in particular paragraph 14.13 15.13 of this Client Agreement, once the Client places an Order on the Trading Platform, the Company arranges for the execution of the said Order with the Execution Venue according to the Summary of Best Interest and Order Execution Policy, found on the Company’s Website. It is understood that the Company executes the Client Orders in CFDs as an agentagent against the Client, i.e. the Company executes Client’s orders in third party is itself the Execution Venue(s)Venue for the execution of the Client Orders.
14.215.2. You acknowledge and agree that each Transaction conducted on the Trading Platform, is comprised of first an offer by you to us to complete a Transaction (whether such offer is to open a Position or close an Open Position) at a certain price quoted on the Trading Platform, and our subsequent acceptance of your offer. An Offer will be deemed to have been completed only when your offer has been received and accepted by us. Our acceptance of an offer will be evidenced by our confirmation of its terms to you and its completion.
14.315.3. You may request to cancel or amend a Transaction at any time prior to our completing such a Transaction.
14.415.4. We reserve the right to void from the outset any Transaction containing or based on any Manifest Error. In the absence of our fraud or wilful willful default, we will not be liable to you for any loss, cost, claim, demand or expense following any Manifest Error.
14.515.5. You shall comply with any restrictions that we notify to you from time to time with respect to your activities on the Trading Platform, including without limitation, the size of Transactions or other conditions that may apply to our Quote. You acknowledge that we may offer to and impose on each Client, in our sole discretion, different terms and restrictions with respect to their use of the Trading Platform.
14.615.6. You acknowledge that the Trading Platform is independent of any Underlying Markets and we are under no obligation to quote a particular price or follow the trading rules consistent with such Underlying Markets. You further acknowledge that the triggering of your Order is linked to the prices quoted on the Trading Platform, not the prices quoted elsewhere on the relevant Underlying Markets and the Company does not guarantee that when executing an Order its price will be more favourable favorable than one which might be available elsewhere. In determining whether the prices quoted on the Trading Platform reach or exceed the price accepted by us in a Transaction, we will be entitled (but not obliged), in our absolute discretion, to disregard any prices quoted on our Platform during any pre-market, post-market or intra-day auction periods in the relevant Underlying Markets, during any intra-day or other period of suspension in the relevant Underlying Markets, or during any other period that in our reasonable opinion may give rise to short-term price spikes or other distortions. Our prices may differ from the current prices on the relevant Underlying Markets and you acknowledge that a Transaction may be triggered even though:
(a) an Underlying Market never traded at the level of your Transaction; or
(b) the Underlying Market did trade at the level of your Transaction but for such a short period that it would have been impractical to execute an equivalent transaction on the Underlying Markets.
14.715.7. When you place an Order on the Trading Platform, you agree that you are not dealing a recognised recognized exchange.
14.815.8. You undertake and agree not to use the prices quoted on the Trading Platform for any purpose other than for your own trading purpose, and you agree not to redistribute our prices to any other person whether such redistribution is for commercial or other purposes.
14.915.9. You acknowledge that each Transaction is made for a specified number of units that constitute the Underlying Asset. You may only complete Transactions on the Trading Platform for the minimum number of units as set forth on the Trading Platform as the "Unit Amount", and in multiples of such "Unit Amount" up until the maximum amount permitted by the Trading Platform. You acknowledge and agree that we may set, in our sole and absolute discretion, the "Unit Amount" for each Underlying Asset.
14.1015.10. Each Position opened by you, and any Transaction completed, will be binding on you notwithstanding that by opening the Position you may have exceeded any credit or other limit applicable to you or in respect of your dealings with us.
14.1115.11. You may request a Quote to open or close a Position for a particular Underlying Asset, at any time during the Trading Hours for such Underlying Asset. We will be under no obligation to but may, in our absolute discretion, provide a Quote and accept and act on your offer to open or close a Position for an Underlying Asset outside of the Trading Hours of such Underlying Asset. In some cases, Transactions may only be traded during the time when the relevant Underlying Market is open. Trading Hours are displayed on the Trading Platform under the details link for each specific Underlying Asset. It is your responsibility to ensure you are aware of which Underlying Asset may be affected.
14.1215.12. Without prejudice to any of our right hereunder, if, prior to the acceptance of your Order to open or close a Position, we become aware that any of the factors set out in paragraph 14.13 15.13 herein, has not been met, we reserve the right to reject your Order outright. If we have, nevertheless, already opened or closed a Position prior to becoming aware that a factor set out in paragraph 14.13 15.13 herein has not been met, we may in our discretion, either treat such a Transaction as void from the outset or close the Open Position at our then prevailing price. However, we may, in our absolute discretion, allow you to open or, as the case may be, close the Open Position in which case you will be bound by the opening or closure of such Position, notwithstanding that the factors in paragraph 14.13 15.13 herein were not satisfied.
14.1315.13. The factors referred to in paragraph 14.12 15.12 include the following:
(a) the quote must be obtained via the Trading Platform or by such other means as we may from time to time notify you;
(b) your offer to open or close the Position must be given while the quote is still valid;
(c) the Quote must not contain a Manifest Error;
(d) when you offer to open a Position, the number of units in respect of which the Transaction is to be opened must be neither smaller than the minimum unit amount specified on the Trading Platform, as applicable, from time to time, nor greater than the amount permitted in accordance with the terms of this Agreement;
(e) when you offer to close part but not all of an open Position both the part of the Position that you offer to close and the part that would remain open if we accepted your offer must not be smaller than the minimum unit amount specified on the Trading Platform;
(f) Force Majeure Event must not have occurred when you offer to open or close a Transaction, which affect the execution of the Transaction;
(g) An Event of Default must not have occurred in respect of you;
(h) when you offer to open any Position, the opening must not result in your exceeding any Initial or Maintenance Margin amount, credit or other limit placed on your dealings;
(i) subject to paragraph 14.12 15.12 herein, your offer must be given to us during the Trading Hours for the applicable Underlying Asset in respect of which you offer to open or close the Position;
(j) the internet connection or communications are not disrupted;
(k) there is no request of regulatory or supervisory authorities of the relevant jurisdiction Cyprus or a court order to the contrary;
(l) the legality or genuineness of the Order is under not under doubt;
(m) there are Normal Market Conditions; and
(n) any other reasonable factor that we, in our sole discretion, notify you from time to time.
14.1415.14. Use of any robots, spiders or other automated data entry system with the Trading Platform is expressly prohibited, unless you receive express written consent by the Company prior to activating the robot. All Transactions must be completed manually by you.
14.1515.15. The Company is under no obligation, unless otherwise agreed in the Agreement, to monitor or advise the Client on the status of any Transaction or to close out any Client’s Open Positions. When the Company decides to do so, this will be done on a discretionary basis and will not be considered an undertaking of an obligation to continue. It is the Client’s responsibility to be aware of his positions at all times.
Appears in 1 contract
Samples: Client Agreement
GENERAL RULES OF TRADING. 14.115.1. Without prejudice to any other provisions herein and in particular paragraph 14.13 15.14 of this Client Agreement, once the Client places an Order on the Trading Platform, the Company arranges for the execution of the said Order with the Execution Venue according to the Summary of Best Interest and Order Execution Policy, found on the Company’s Website. It is understood that the Company executes does not execute the Client Orders in CFDs as an agenta principal to principal against the Client, i.e. the Company executes Client’s orders is not itself the Execution Venue (as defined in third party Execution Venue(s)Commission Directive 2006/73/EC implementing MiFID) for the execution of the Client Orders.
14.215.2. You acknowledge and agree that each Transaction conducted on the Trading Platform, is comprised of first an offer by you to us to complete a Transaction (whether such offer is to open a Position or close an Open Position) at a certain price quoted on the Trading Platform, and our subsequent acceptance of your offer. An Offer will be deemed to have been completed only when your offer has been received and accepted by us. Our acceptance of an offer will be evidenced by our confirmation of its terms to you and its completion.
14.315.3. You may request to cancel or amend a Transaction at any time prior to our completing such a Transaction.
14.415.4. We reserve the right to void from the outset any Transaction containing or based on any Manifest Error. In the absence of our fraud or wilful default, we will not be liable to you for any loss, cost, claim, demand or expense following any Manifest ErrorManifestError.
14.515.5. You acknowledge that all of our prices and Quotes shown on the Trading Platform are the ones provided by the Company’s Execution Venue. The Execution Venue obtains prices (BID and ASK prices) of the Underlying Asset for a given CFD from third party reputable external reference sources (i.e. price feeders). The Execution Venue then uses these prices to calculate their own tradable prices for a given CFD and provide them to the Company.
15.6. You shall comply with any restrictions that we notify to you from time to time with respect to your activities on the Trading Platform, including without limitation, the size of Transactions or other conditions that may apply to our Quote. You acknowledge that we may offer to and impose on each Client, in our sole discretion, different terms and restrictions with respect to their use of the Trading Platform.
14.615.7. You acknowledge that the Trading Platform is independent of any Underlying Markets and we are under no obligation to quote a particular price or follow the trading rules consistent with such Underlying Markets. You further acknowledge that the triggering of your Order is linked to the prices quoted on the Trading Platform, not the prices quoted elsewhere on the relevant Underlying Markets and the Company does not guarantee that when executing an Order its price will be more favourable than one which might be available elsewhere. In determining whether the prices quoted on the Trading Platform reach or exceed the price accepted by us in a Transaction, we will be entitled (but not obliged), in our absolute discretion, to disregard any prices quoted on our Platform during any pre-market, post-market or intra-day auction periods in the relevant Underlying Markets, during any intra-day or other period of suspension in the relevant Underlying Markets, or during any other period that in our reasonable opinion may give rise to short-term price spikes or other distortions. Our prices may differ from the current prices on the relevant Underlying Markets and you acknowledge that a Transaction may be triggered even though:
(a) a. an Underlying Market never traded at the level of your Transaction; or
(b) b. the Underlying Market did trade at the level of your Transaction but for such a short period that it would have been impractical to execute an equivalent transaction on the Underlying Markets.
14.715.8. When you place an Order on the Trading Platform, you agree that you are not dealing a recognised exchangerecognizedexchange.
14.815.9. You undertake and agree not to use the prices quoted on the Trading Platform for any purpose other than for your own trading purpose, and you agree not to redistribute our prices to any other person whether such redistribution is for commercial or other purposes.
14.915.10. You acknowledge that each Transaction is made for a specified number of units that constitute the Underlying Asset. You may only complete Transactions on the Trading Platform for the minimum number of units as set forth on the Trading Platform as the "Unit Amount", and in multiples of such "Unit Amount" up until the maximum amount permitted by the Trading Platform. You acknowledge and agree that we may set, in our sole and absolute discretion, the "Unit Amount" for each Underlying Asset.
14.1015.11. Each Position opened by you, and any Transaction completed, will be binding on you notwithstanding that by opening the Position you may have exceeded any credit or other limit applicable to you or in respect of your dealings with us. It is noted however that the Company applies a Negative Balance Protection Policy pursuant to which, you may not lose more than the amount deposited on the Platform. In the event that a Position is closed at such price causing your equity to fall below zero, the Company shall waive its right to receive the balance from you.
14.1115.12. You may request a Quote to open or close a Position for a particular Underlying Asset, at any time during the Trading Hours for such Underlying Asset. We will be under no obligation to but may, in our absolute discretion, provide a Quote and accept and act on your offer to open or close a Position for an Underlying Asset outside of the Trading Hours of such Underlying Asset. In some cases, Transactions may only be traded during the time when the relevant Underlying Market is open. Trading Hours are displayed on the Trading Platform under the details link for each specific Underlying Asset. It is your responsibility to ensure you are aware of which Underlying Asset may be affected.
14.1215.13. Without prejudice to any of our right hereunder, if, prior to the acceptance of your Order to open or close a Position, we become aware that any of the factors set out in paragraph 14.13 herein, has 15.14 herein have not been met, we reserve the right to reject your Order outright. If we have, nevertheless, already opened or closed a Position prior to becoming aware that a factor set out in paragraph 14.13 15.14 herein has not been met, we may may, in our discretion, either treat such a Transaction as void from the outset or close the Open Position at our then prevailing price. However, we may, in our absolute discretion, allow you to open or, as the case may be, close the Open Position in which case you will be bound by the opening or closure of such Position, notwithstanding that the factors in paragraph 14.13 15.14 herein were not satisfiednotsatisfied.
14.1315.14. The factors referred to in paragraph 14.12 15.13 include the following:
(a) a. the quote must be obtained via the Trading Platform or by such other means as we may from time to time notify you;
(b) b. your offer to open or close the Position must be given while the quote is still valid;
(c) c. the Quote must not contain a Manifest Error;
(d) d. when you offer to open a Position, the number of units in respect of which the Transaction is to be opened must be neither smaller than the minimum unit amount specified on the Trading Platform, as applicable, from time to time, nor greater than the amount permitted in accordance with the terms of this Agreement;
(e) e. when you offer to close part but not all of an open Position both the part of the Position that you offer to close and the part that would remain open if we accepted your offer must not be smaller than the minimum unit amount specified on the Trading Platform;
(f) f. Force Majeure Event must not have occurred when you offer to open or close a Transaction, which affect the execution of the Transaction;
(g) g. An Event of Default must not have occurred in respect of you;
(h) h. when you offer to open any Position, the opening must not result in your exceeding any Initial or Maintenance Margin amount, credit or other limit placed on your dealings;
(i) i. subject to paragraph 14.12 15.12 herein, your offer must be given to us during the Trading Hours for the applicable Underlying Asset in respect of which you offer to open or close the Position;
(j) j. the internet connection or communications are not disrupted;
(k) k. there is no request of regulatory or supervisory authorities of the relevant jurisdiction Cyprus or a court order to the contrarythecontrary;
(l) l. the legality or genuineness of the Order is under not under doubtunderdoubt;
(m) m. there are Normal Market Conditions; and
(n) n. any other reasonable factor that we, in our sole discretion, notify you from time to time.
14.1415.15. Use of any robots, spiders or other automated data entry system with the Trading Platform is expressly prohibited, unless you receive express written consent by the Company prior to activating the robot. All Transactions must be completed manually by you.
14.1515.16. The Company is under no obligation, unless otherwise agreed in the Agreement, to monitor or advise the Client on the status of any Transaction or to close out any Client’s Open Positions. When the Company decides to do so, this will be done on a discretionary basis and will not be considered an undertaking of an obligation to continue. It is the Client’s responsibility to be aware of his positions at all times.
15.17. If any Underlying Asset which is a security becomes subject to possible adjustments as a result of any of the events set out in section 15.18 (referred to as “Corporate Event”), the Company will determine the appropriate adjustment, if any, to be made to the opening/closing price, size, value and/or quantity of the corresponding Transaction (and also the level or size of the corresponding orders). This action is made in order to (i) account for the diluting or concentrating effect necessary to preserve the economic equivalent of the rights and obligations of the parties under that transaction immediately prior to that Corporate Event, and/or (ii) replicate the effect of the Corporate Event upon someone with an interest in the relevant Underlying Asset security, to be effective from the date determined by the Company.
15.18. The events to which paragraph 15.17 refers to are any of the following, by the declaration of the issuer of a security:
a. A subdivision, consolidation or reclassification of shares, a share buy-back or cancellation, or a free distribution of bonus shares to existing shareholders, capitalization or share split or reverse share split or similar event;
b. A distribution to existing holders of the shares or additional shares, other share capital or securities, granting the right to payment of dividends and/or proceeds from the liquidation of the issuer equally proportionate to such payments to holders of the underlying shares, securities, or warrants granting the right to receive or purchase shares for less than the current market price per share;
c. Any other event regarding shares analogous to any of the above events or otherwise having a diluting or concentrating effect on the market value of shares;
d. Any event analogous to any of the above events or otherwise having a diluting or concentrating effect on the market value of any security not based on shares; or
e. Any event that is caused by a merger offer made regarding the company of the underlying asset.
15.19. If any Underlying Asset which is a security becomes subject to a specific risk resulting in a predicted fall in value, the Company reserves the right to restrict short selling or even withdraw the specific Underlying Asset from the Trading Platform.
15.20. Determination of any adjustment or amendment to the opening/closing price, size, value and/or quantity of the Transaction (and/or level or size of any order) shall be at the Company’s sole discretion and shall be conclusive and binding upon the Client. The Company shall inform the Client of any adjustment or amendment via its internal mail as soon as is reasonably practicable.
15.21. In the case where the Client deliberately attempts to take advantage of any stock(s)/shares going ex-dividend, the Company reserves the right to apply a dividend adjustment in the form of commission without prior notice or consent. In the case of short positions, the dividend adjustment will be debited from the client’s account where dividend adjustments = Dividend declared x number of lots x contract size.
Appears in 1 contract
Samples: Client Agreement
GENERAL RULES OF TRADING. 14.18.1. Without prejudice to any other provisions herein and in particular paragraph 14.13 of this Agreement, once All Orders placed by the Client places an Order on the Trading Platform, shall be transmitted for execution to another party (Liquidity Provider) hence the Company arranges for shall not be executing your Orders as counterparty in the execution of the said Order with the Execution Venue according to the Summary of Best Interest and Order Execution Policy, found on the Company’s Website. It is understood that the Company executes the Client Orders in CFDs as an agent, i.e. the Company executes Client’s orders in third party Execution Venue(s)Transaction against you.
14.28.2. You acknowledge and agree that each Transaction conducted on the Trading Platform, including the placing of an Order, is comprised of first first, an offer by you to us to complete a Transaction (whether such offer is to open a Position Transaction or close an Open Positionopen Transaction) at a certain price quoted on the Trading Platform, and our subsequent acceptance of your offer. An Offer A Transaction will be deemed to have been completed only when your offer has been received and accepted by us. Our acceptance of an offer will be evidenced by our confirmation of its terms to you and its completion.
14.38.3. We will be under no obligation to, but may in our absolute discretion, provide quotes for, or accept, execute or cancel, all or any part of a Transaction that you have requested through the Trading Platform without giving any reason. You may request to cancel or amend a Transaction at any time prior to our completing such a Transaction. We shall be entitled, but not obliged, to accept such a request in our sole discretion.
14.48.4. We reserve the right to void from the outset any Transaction containing or based on any Manifest Error. In the absence of our fraud or wilful willful default, we will not be liable to you for any loss, cost, claim, demand or expense following any Manifest Error.
14.58.5. You acknowledge that all prices and quotes shown on the Trading Platform are indicative only of actual trading prices in Normal Market Size and are subject to constant change. The Company provides quotes by taking into account the Underlying Asset price, but this does not mean that these quotes are within any specific percentage of the Underlying Asset price. When the relevant Underlying Market is closed, the quotes provided by the Company will reflect what the Company thinks to be the current Bid and Ask price of the relevant Underlying Asset at that time.
8.6. You shall comply with any restrictions that we notify to you from time to time with respect to your activities on the Trading Platform, including without limitation, the size of Transactions or other conditions that may apply to our Quotequote. You acknowledge that we may offer to and impose on each Clientuser, in our sole discretion, different terms and restrictions with respect to their use of the Trading Platform.
14.68.7. You acknowledge that the Trading Platform is independent of any Underlying Markets and we are under no obligation to quote a particular price or follow the trading rules consistent with such Underlying Markets. You further acknowledge that the triggering of your Order Transaction is linked to the prices quoted we quote on the Trading Platform, not the prices quoted elsewhere on the relevant Underlying Markets and the Company does not guarantee that when executing an Order its price will be more favourable than one which might be available elsewhereMarkets. In determining whether the prices quoted on the Trading Platform reach or exceed the price accepted by us in a Transaction, we will be entitled (but not obliged), in our absolute discretion, to disregard any prices quoted on our Platform by us during any pre-market, post-market or intra-day auction periods in the relevant Underlying Markets, during any intra-day or other period of suspension in the relevant Underlying Markets, or during any other period that in our reasonable opinion may give rise to short-short- term price spikes or other distortions. Our prices may differ from the current prices on the relevant Underlying Markets and you acknowledge that a Transaction may be triggered even though:
(a) an An Underlying Market never traded at the level of your Transaction; or
(b) the The Underlying Market did trade at the level of your Transaction but for such a short period that it would have been impractical to execute an equivalent transaction on the Underlying Markets.
14.78.8. When you place an Order complete a Transaction on the Trading Platform, you agree that you are not dealing a recognised recognized exchange.
14.88.9. You acknowledge that any prices quoted on the Trading Platform are set by the Liquidity Provider in its reasonable discretion, taking into account a variety of factors including prevailing market conditions and trading demand on the Trading Platform. You undertake and agree not to use the prices quoted on the Trading Platform for any purpose other than for your own trading purpose, and you agree not to redistribute our prices to any other person whether such redistribution is for commercial or other purposes.
14.98.10. You acknowledge that each Transaction is made for a specified number of units that constitute the Underlying Asset. You may only complete Transactions on the Trading Platform for the minimum number of units as set forth on the Trading Platform as the "“Unit Amount"”, and in multiples of such "“Unit Amount" ” up until the maximum amount permitted by the Trading Platform. You acknowledge and agree that we may set, in our sole and absolute discretion, the "“Unit Amount" ” for each Underlying Asset.
14.108.11. Each Position Transaction opened by you, and any Transaction completed, will be binding on you notwithstanding that by opening the Position Transaction you may have exceeded any credit or other limit applicable to you or in respect of your dealings with us.
14.118.12. You Subject to Paragraph 8.15 you may request a Quote quote to open or close a Position Transaction for a particular Underlying Asset, at any time during the Trading Hours for such Underlying Asset. We will be under no obligation to but may, in our absolute discretion, provide a Quote quote and accept and act on your offer to open or close a Position Transaction for an Underlying Asset outside of the Trading Hours of such Underlying Asset. In some cases, cases Transactions may only be traded during the time when the relevant Underlying Market where the Underlying Asset traded is open. Trading Hours are displayed on the Trading Platform under the details link for each specific Underlying Asset. It is your responsibility to ensure you are aware of which Underlying Asset may be affected.
14.128.13. Without prejudice to any of our right hereunder, if, prior to the acceptance of your Order offer to open or close a PositionTransaction, we become aware that any of the factors set out in paragraph 14.13 herein, has Paragraph 8.14 have not been met, we reserve the right to reject your Order offer outright. If we have, nevertheless, already opened or closed a Position Transaction prior to becoming aware that a factor set out in paragraph 14.13 herein Paragraph 8.14 has not been met, we may may, in our absolute discretion, either treat such a Transaction as void from the outset or close the Open Position it at our then prevailing price. However, we may, in our absolute discretion, allow you to open or, as the case may be, close the Open Position Transaction in which case you will be bound by the opening or closure of such PositionTransaction, notwithstanding that the factors in paragraph 14.13 herein Paragraph 8.14 were not satisfied.
14.138.14. The factors referred to in paragraph 14.12 Paragraph 8.13 include the following:
(a) the quote must be obtained via the Trading Platform or by such other means as we may from time to time notify you;
(b) your offer to open or close the Position Transaction must be given while the quote is still valid;
(c) the Quote quote must not contain a Manifest Error;
(d) when you offer to open a PositionTransaction, the number of units in respect of which the Transaction is to be opened must be neither smaller than the minimum unit amount specified on the Trading PlatformPlatform for the Instrument, as applicable, from time to time, nor greater than the amount permitted in accordance with the terms of this Agreement;
(e) when you offer to close part but not all of an open Position Transaction both the part of the Position Transaction that you offer to close and the part that would remain open if we accepted your offer must not be smaller than the minimum unit amount specified on the Trading Platform;
(f) Force Majeure Event must not have occurred when you offer to open or close a Transaction, which affect the execution of the Transaction;
(g) An an Event of Default must not have occurred in respect of you;
(h) when you offer to open any PositionTransaction, the opening of the Transaction must not result in your exceeding any Initial initial or Maintenance Margin maintenance margin amount, credit or other limit placed on your dealings;
(i) subject to paragraph 14.12 hereinParagraph 8.12, your offer must be given to us during the Trading Hours for the applicable Underlying Asset in respect of which you offer to open or close the PositionTransaction;
(j) the internet connection or communications are not disrupted;
(k) there is no request of regulatory or supervisory authorities of the relevant jurisdiction Mauritius or a court order to the contrary;
(l) the legality or genuineness of the Order is under not under doubt;
(m) there are Normal Market Conditions; and
(n) any other reasonable factor that we, in our sole discretion, notify you from time to time.
14.148.15. Use If, before your offer to open or close a Transaction is accepted by us, our quote moves to your advantage (for example, if the price goes down as you buy or the price goes up as you sell) you agree that we can (but do not have to) pass such price improvement on to you. The effect of such action being that the level at which you offer to open or close a Transaction will, upon acceptance by us, be altered to the more favorable price. You acknowledge that it is in your best interests for us to alter the level of your offer in the manner contemplated in this Paragraph and you agree that any robotsoffer altered in accordance with this Paragraph, spiders or other automated data entry system with once accepted by us, results in a fully binding agreement between us. Without derogating from the Trading Platform foregoing, you acknowledge that it is expressly prohibited, unless you receive express written consent by the Company prior within our complete discretion as to activating the robotwhen we will pass on a price improvement to you. All Transactions must be completed manually by youYou should also note that we will only pass on a price improvement within allowable limits.
14.158.16. The Company is under no obligation, unless otherwise agreed in the Agreement, to monitor or advise the Client on the status of any Transaction or to close out any Client’s Open Positions. When the Company decides to do so, this will be done on a discretionary basis and will not be considered an undertaking of an obligation to continue. It is the Client’s responsibility to be aware of his positions at all times.
Appears in 1 contract
Samples: Client Agreement
GENERAL RULES OF TRADING. 14.116.1. Without prejudice to any other provisions herein and in particular paragraph 14.13 15.13 of this Client Agreement, once the Client places an Order on the Trading Platform, the Company arranges for the execution of the said Order with the Execution Venue according to the Summary of Best Interest and Order Execution Policy, found on the Company’s Website. It is understood that the Company executes does not execute the Client Orders in CFDs as an agent, i.e. a principal to principal against the Company executes Client’s orders in third party Execution Venue(s).
14.216.2. You acknowledge and agree that each Transaction conducted on the Trading Platform, is comprised of first an offer by you to us to complete a Transaction (whether such offer is to open a Position or close an Open Position) at a certain price quoted on the Trading Platform, and our subsequent acceptance of your offer. An Offer will be deemed to have been completed only when your offer has been received and accepted by us. Our acceptance of an offer will be evidenced by our confirmation of its terms to you and its completion.
14.316.3. You may request to cancel or amend a Transaction at any time prior to our completing such a Transaction.
14.416.4. We reserve the right to void from the outset any Transaction containing or based on any Manifest Error. In the absence of our fraud or wilful default, we will not be liable to you for any loss, cost, claim, demand or expense following any Manifest Error.
14.516.5. You shall comply with any restrictions that we notify to you from time to time with respect to your activities on the Trading Platform, including without limitation, the size of Transactions or other conditions that may apply to our Quote. You acknowledge that we may offer to and impose on each Client, in our sole discretion, different terms and restrictions with respect to their use of the Trading Platform.
14.616.6. You acknowledge that the Trading Platform is independent of any Underlying Markets and we are under no obligation to quote a particular price or follow the trading rules consistent with such Underlying Markets. You further acknowledge that the triggering of your Order is linked to the prices quoted on the Trading Platform, not the prices quoted elsewhere on the relevant Underlying Markets and the Company does not guarantee that when executing an Order its price will be more favourable favorable than one which might be available elsewhere. In determining whether the prices quoted on the Trading Platform reach or exceed the price accepted by us in a Transaction, we will be entitled (but not obliged), in our absolute discretion, to disregard any prices quoted on our Platform during any pre-market, post-market or intra-day auction periods in the relevant Underlying Markets, during any intra-day or other period of suspension in the relevant Underlying Markets, or during any other period that in our reasonable opinion may give rise to short-term price spikes or other distortions. Our prices may differ from the current prices on the relevant Underlying Markets and you acknowledge that a Transaction may be triggered even though:
(a) an Underlying Market never traded at the level of your Transaction; or
(b) the Underlying Market did trade at the level of your Transaction but for such a short period that it would have been impractical to execute an equivalent transaction on the Underlying Underly- ing Markets.
14.716.7. When you place an Order on the Trading Platform, you agree that you are not dealing a recognised recog- nized exchange.
14.816.8. You undertake and agree not to use the prices quoted on the Trading Platform for any purpose other than for your own trading purpose, and you agree not to redistribute our prices to any other person whether such redistribution is for commercial or other purposes.
14.916.9. You acknowledge that each Transaction is made for a specified number of units that constitute the Underlying Asset. You may only complete Transactions on the Trading Platform for the minimum mini- mum number of units as set forth on the Trading Platform as the "Unit Amount", and in multiples of such "Unit Amount" up until the maximum amount permitted by the Trading Platform. You acknowledge and agree that we may set, in our sole and absolute discretion, the "Unit Amount" for each Underlying Asset.
14.1016.10. Each Position opened by you, and any Transaction completed, will be binding on you notwithstanding not- withstanding that by opening the Position you may have exceeded any credit or other limit applicable applica- ble to you or in respect of your dealings with us.
14.1116.11. You may request a Quote to open or close a Position for a particular Underlying Asset, at any time during the Trading Hours for such Underlying Asset. We will be under no obligation to but may, in our absolute discretion, provide a Quote and accept and act on your offer to open or close a Position Po- sition for an Underlying Asset outside of the Trading Hours of such Underlying Asset. In some cases, Transactions may only be traded during the time when the relevant Underlying Market is open. Trading Hours are displayed on the Trading Platform under the details link for each specific Underlying Under- lying Asset. It is your responsibility to ensure you are aware of which Underlying Asset may be affectedaf- fected.
14.1216.12. Without prejudice to any of our right hereunder, if, prior to the acceptance of your Order to open or close a Position, we become aware that any of the factors set out in paragraph 14.13 16.13 herein, has not been met, we reserve the right to reject your Order outright. If we have, nevertheless, already al- ready opened or closed a Position prior to becoming aware that a factor set out in paragraph 14.13 16.13 herein has not been met, we may in our discretion, either treat such a Transaction as void from the outset or close the Open Position at our then prevailing price. However, we may, in our absolute discretion, allow you to open or, as the case may be, close the Open Position in which case you will be bound by the opening or closure of such Position, notwithstanding that the factors in paragraph 14.13 herein were not satisfied.
14.13. The factors referred to in paragraph 14.12 include the following:
(a) the quote must be obtained via the Trading Platform or by such other means as we may from time to time notify you;
(b) your offer to open or close the Position must be given while the quote is still valid;
(c) the Quote must not contain a Manifest Error;
(d) when you offer to open a Position, the number of units in respect of which the Transaction is to be opened must be neither smaller than the minimum unit amount specified on the Trading Platform, as applicable, from time to time, nor greater than the amount permitted in accordance with the terms of this Agreement;
(e) when you offer to close part but not all of an open Position both the part of the Position that you offer to close and the part that would remain open if we accepted your offer must not be smaller than the minimum unit amount specified on the Trading Platform;
(f) Force Majeure Event must not have occurred when you offer to open or close a Transaction, which affect the execution of the Transaction;
(g) An Event of Default must not have occurred in respect of you;
(h) when you offer to open any Position, the opening must not result in your exceeding any Initial or Maintenance Margin amount, credit or other limit placed on your dealings;
(i) subject to paragraph 14.12 herein, your offer must be given to us during the Trading Hours for the applicable Underlying Asset in respect of which you offer to open or close the Position;
(j) the internet connection or communications are not disrupted;
(k) there is no request of regulatory or supervisory authorities of the relevant jurisdiction or a court order to the contrary;
(l) the legality or genuineness of the Order is under not under doubt;
(m) there are Normal Market Conditions; and
(n) any other reasonable factor that we, in our sole discretion, notify you from time to time.
14.14. Use of any robots, spiders or other automated data entry system with the Trading Platform is expressly prohibited, unless you receive express written consent by the Company prior to activating the robot. All Transactions must be completed manually by you.
14.15. The Company is under no obligation, unless otherwise agreed in the Agreement, to monitor or advise the Client on the status of any Transaction or to close out any Client’s Open Positions. When the Company decides to do so, this will be done on a discretionary basis and will not be considered an undertaking of an obligation to continue. It is the Client’s responsibility to be aware of his positions at all times.paragraph
Appears in 1 contract
Samples: Client Agreement
GENERAL RULES OF TRADING. 14.115.1. Without prejudice to any other provisions herein and in particular paragraph 14.13 15.13 of this Client Agreement, once the Client places an Order on the Trading Platform, the Company arranges for the execution of the said Order with the Execution Venue according to the Summary of Best Interest and Order Execution Policy, found on the Company’s Website. It is understood that the Company executes does not execute the Client Orders in CFDs as an agenta principal to principal against the Client, i.e. the Company executes Client’s orders is not itself the Execution Venue (as defined in third party Execution Venue(s)Commission Directive 2006/73/EC implementing MiFID) for the execution of the Client Orders.
14.215.2. You acknowledge and agree that each Transaction conducted on the Trading Platform, is comprised of first an offer by you to us to complete a Transaction (whether such offer is to open a Position or close an Open Position) at a certain price quoted on the Trading Platform, and our subsequent acceptance of your offer. An Offer will be deemed to have been completed only when your offer has been received and accepted by us. Our acceptance of an offer will be evidenced by our confirmation of its terms to you and its completion.
14.315.3. You may request to cancel or amend a Transaction at any time prior to our completing such a Transaction.
14.415.4. We reserve the right to void from the outset any Transaction containing or based on any Manifest Error. In the absence of our fraud or wilful default, we will not be liable to you for any loss, cost, claim, demand or expense following any Manifest Error.
14.515.5. You shall comply with any restrictions that we notify to you from time to time with respect to your activities on the Trading Platform, including without limitation, the size of Transactions or other conditions that may apply to our Quote. You acknowledge that we may offer to and impose on each Client, in our sole discretion, different terms and restrictions with respect to their use of the Trading Platform.
14.615.6. You acknowledge that the Trading Platform is independent of any Underlying Markets and we are under no obligation to quote a particular price or follow the trading rules consistent with such Underlying Markets. You further acknowledge that the triggering of your Order is linked to the prices quoted on the Trading Platform, not the prices quoted elsewhere on the relevant Underlying Markets and the Company does not guarantee that when executing an Order its price will be more favourable than one which might be available elsewhere. In determining whether the prices quoted on the Trading Platform reach or exceed the price accepted by us in a Transaction, we will be Exclusive Change Capital Ltd is licensed and regulated by Cyprus securities and Exchange Commission (CySEC) under license number: CIF 330/17 Address: 00 Xxxxx Xxxxxx, Xxxxxx X0, Xxxxxxxx, 0000 Xxxxxxxx, Xxxxxx Tel: +000 00 000000 Fax: +000 00 000000 email: xxxx@xxxxxxxxxxxxxxxx.xxx entitled (but not obliged), in our absolute discretion, to disregard any prices quoted on our Platform during any pre-market, post-market or intra-day auction periods in the relevant Underlying Markets, during any intra-day or other period of suspension in the relevant Underlying Markets, or during any other period that in our reasonable opinion may give rise to short-term price spikes or other distortions. Our prices may differ from the current prices on the relevant Underlying Markets and you acknowledge that a Transaction may be triggered even though:
(a) an Underlying Market never traded at the level of your Transaction; or
(b) the Underlying Market did trade at the level of your Transaction but for such a short period that it would have been impractical to execute an equivalent transaction on the Underlying Markets.
14.715.7. When you place an Order on the Trading Platform, you agree that you are not dealing a recognised recognized exchange.
14.815.8. You undertake and agree not to use the prices quoted on the Trading Platform for any purpose other than for your own trading purpose, and you agree not to redistribute our prices to any other person whether such redistribution is for commercial or other purposes.
14.915.9. You acknowledge that each Transaction is made for a specified number of units that constitute the Underlying Asset. You may only complete Transactions on the Trading Platform for the minimum number of units as set forth on the Trading Platform as the "Unit Amount", and in multiples of such "Unit Amount" up until the maximum amount permitted by the Trading Platform. You acknowledge and agree that we may set, in our sole and absolute discretion, the "Unit Amount" for each Underlying Asset.
14.1015.10. Each Position opened by you, and any Transaction completed, will be binding on you notwithstanding that by opening the Position you may have exceeded any credit or other limit applicable to you or in respect of your dealings with us.
14.1115.11. You may request a Quote to open or close a Position for a particular Underlying Asset, at any time during the Trading Hours for such Underlying Asset. We will be under no obligation to but may, in our absolute discretion, provide a Quote and accept and act on your offer to open or close a Position for an Underlying Asset outside of the Trading Hours of such Underlying Asset. In some cases, Transactions may only be traded during the time when the relevant Underlying Market is open. Trading Hours are displayed on the Trading Platform under the details link for each specific Underlying Asset. It is your responsibility to ensure you are aware of which Underlying Asset may be affected.
14.1215.12. Without prejudice to any of our right hereunder, if, prior to the acceptance of your Order to open or close a Position, we become aware that any of the factors set out in paragraph 14.13 15.13 herein, has not been met, we reserve the right to reject your Order outright. If we have, nevertheless, already opened or closed a Position prior to becoming aware that a factor set out in paragraph 14.13 15.13 herein has not been met, we may in our discretion, either treat such a Transaction as void from the outset or close the Open Position at our then prevailing price. However, we may, in our absolute discretion, allow you to open or, as the case may be, close the Open Position in which case you will be bound by the opening or closure of such Position, notwithstanding that the factors in paragraph 14.13 herein were not satisfied.
14.13. The factors referred to in paragraph 14.12 include the following:
(a) the quote must be obtained via the Trading Platform or by such other means as we may from time to time notify you;
(b) your offer to open or close the Position must be given while the quote is still valid;
(c) the Quote must not contain a Manifest Error;
(d) when you offer to open a Position, the number of units in respect of which the Transaction is to be opened must be neither smaller than the minimum unit amount specified on the Trading Platform, as applicable, from time to time, nor greater than the amount permitted in accordance with the terms of this Agreement;
(e) when you offer to close part but not all of an open Position both the part of the Position that you offer to close and the part that would remain open if we accepted your offer must not be smaller than the minimum unit amount specified on the Trading Platform;
(f) Force Majeure Event must not have occurred when you offer to open or close a Transaction, which affect the execution of the Transaction;
(g) An Event of Default must not have occurred in respect of you;
(h) when you offer to open any Position, the opening must not result in your exceeding any Initial or Maintenance Margin amount, credit or other limit placed on your dealings;
(i) subject to paragraph 14.12 herein, your offer must be given to us during the Trading Hours for the applicable Underlying Asset in respect of which you offer to open or close the Position;
(j) the internet connection or communications are not disrupted;
(k) there is no request of regulatory or supervisory authorities of the relevant jurisdiction or a court order to the contrary;
(l) the legality or genuineness of the Order is under not under doubt;
(m) there are Normal Market Conditions; and
(n) any other reasonable factor that we, in our sole discretion, notify you from time to time.
14.14. Use of any robots, spiders or other automated data entry system with the Trading Platform is expressly prohibited, unless you receive express written consent by the Company prior to activating the robot. All Transactions must be completed manually by you.
14.15. The Company is under no obligation, unless otherwise agreed in the Agreement, to monitor or advise the Client on the status of any Transaction or to close out any Client’s Open Positions. When the Company decides to do so, this will be done on a discretionary basis and will not be considered an undertaking of an obligation to continue. It is the Client’s responsibility to be aware of his positions at all times.paragraph
Appears in 1 contract
Samples: Client Agreement
GENERAL RULES OF TRADING. 14.18.1. Without prejudice to any other provisions herein and in particular paragraph 14.13 of this Agreement, once All Orders placed by the Client places an Order on the Trading Platform, shall be transmitted for execution to another party (Liquidity Provider) hence the Company arranges for shall not be executing your Orders as counterparty in the execution of the said Order with the Execution Venue according to the Summary of Best Interest and Order Execution Policy, found on the Company’s Website. It is understood that the Company executes the Client Orders in CFDs as an agent, i.e. the Company executes Client’s orders in third party Execution Venue(s)Transaction against you.
14.28.2. You acknowledge and agree that each Transaction conducted on the Trading Platform, including the placing of an Order, is comprised of first first, an offer by you to us to complete a Transaction (whether such offer is to open a Position Transaction or close an Open Positionopen Transaction) at a certain price quoted on the Trading Platform, and our subsequent acceptance of your offer. An Offer A Transaction will be deemed to have been completed only when your offer has been received and accepted by us. Our acceptance of an offer will be evidenced by our confirmation confirmation of its terms to you and its completion.
14.38.3. We will be under no obligation to, but may in our absolute discretion, provide quotes for, or accept, execute or cancel, all or any part of a Transaction that you have requested through the Trading Platform without giving any reason. You may request to cancel or amend a Transaction at any time prior to our completing such a Transaction. We shall be entitled, but not obliged, to accept such a request in our sole discretion.
14.48.4. We reserve the right to void from the outset any Transaction containing or based on any Manifest Error. In the absence of our fraud or wilful willful default, we will not be liable to you for any loss, cost, claim, demand or expense following any Manifest Error.
14.58.5. You acknowledge that all prices and quotes shown on the Trading Platform are indicative only of actual trading prices in Normal Market Size and are subject to constant change. The Company provides quotes by taking into account the Underlying Asset price, but this does not mean that these quotes are within any specific percentage of the Underlying Asset price. When the relevant Underlying Market is closed, the quotes provided by the Company will reflect what the Company thinks to be the current Bid and Ask price of the relevant Underlying Asset at that time.
8.6. You shall comply with any restrictions that we notify to you from time to time with respect to your activities on the Trading Platform, including without limitation, the size of Transactions or other conditions that may apply to our Quotequote. You acknowledge that we may offer to and impose on each Clientuser, in our sole discretion, different terms and restrictions with respect to their use of the Trading Platform.
14.68.7. You acknowledge that the Trading Platform is independent of any Underlying Markets and we are under no obligation to quote a particular price or follow the trading rules consistent with such Underlying Markets. You further acknowledge that the triggering of your Order Transaction is linked to the prices quoted we quote on the Trading Platform, not the prices quoted elsewhere on the relevant Underlying Markets and the Company does not guarantee that when executing an Order its price will be more favourable than one which might be available elsewhereMarkets. In determining whether the prices quoted on the Trading Platform reach or exceed the price accepted by us in a Transaction, we will be entitled (but not obliged), in our absolute discretion, to disregard any prices quoted on our Platform by us during any pre-market, post-post market or intra-day auction periods in the relevant Underlying Markets, during any intra-day intraday or other period of suspension in the relevant Underlying Markets, or during any other period that in our reasonable opinion may give rise to short-short- term price spikes or other distortions. Our prices may differ from the current prices on the relevant Underlying Markets and you acknowledge that a Transaction may be triggered even though:
(a) an An Underlying Market never traded at the level of your Transaction; or
(b) the The Underlying Market did trade at the level of your Transaction but for such a short period that it would have been impractical to execute an equivalent transaction on the Underlying Markets.
14.78.8. When you place an Order complete a Transaction on the Trading Platform, you agree that you are not dealing a recognised recognized exchange.
14.88.9. You acknowledge that any prices quoted on the Trading Platform are set by the Liquidity Provider in its reasonable discretion, taking into account a variety of factors including prevailing market conditions and trading demand on the Trading Platform. You undertake and agree not to use the prices quoted on the Trading Platform for any purpose other than for your own trading purpose, and you agree not to redistribute our prices to any other person whether such redistribution is for commercial or other purposes.
14.98.10. You acknowledge that each Transaction is made for a specified specified number of units that constitute the Underlying Asset. You may only complete Transactions on the Trading Platform for the minimum number of units as set forth on the Trading Platform as the "“Unit Amount"”, and in multiples of such "“Unit Amount" ” up until the maximum amount permitted by the Trading Platform. You acknowledge and agree that we may set, in our sole and absolute discretion, the "“Unit Amount" ” for each Underlying Asset.
14.108.11. Each Position Transaction opened by you, and any Transaction completed, will be binding on you notwithstanding that by opening the Position Transaction you may have exceeded any credit or other limit applicable to you or in respect of your dealings with us.
14.118.12. You Subject to Paragraph 8.15 you may request a Quote quote to open or close a Position Transaction for a particular Underlying Asset, at any time during the Trading Hours for such Underlying Asset. We will be under no obligation to but may, in our absolute discretion, provide a Quote quote and accept and act on your offer to open or close a Position Transaction for an Underlying Asset outside of the Trading Hours of such Underlying Asset. In some cases, cases Transactions may only be traded during the time when the relevant Underlying Market where the Underlying Asset traded is open. Trading Hours are displayed on the Trading Platform under the details link for each specific specific Underlying Asset. It is your responsibility to ensure you are aware of which Underlying Asset may be affected.
14.128.13. Without prejudice to any of our right hereunder, if, prior to the acceptance of your Order offer to open or close a PositionTransaction, we become aware that any of the factors set out in paragraph 14.13 herein, has Paragraph 8.14 have not been met, we reserve the right to reject your Order offer outright. If we have, nevertheless, already opened or closed a Position Transaction prior to becoming aware that a factor set out in paragraph 14.13 herein Paragraph 8.14 has not been met, we may may, in our absolute discretion, either treat such a Transaction as void from the outset or close the Open Position it at our then prevailing price. However, we may, in our absolute discretion, allow you to open or, as the case may be, close the Open Position Transaction in which case you will be bound by the opening or closure of such PositionTransaction, notwithstanding that the factors in paragraph 14.13 herein Paragraph 8.14 were not satisfiedsatisfied.
14.138.14. The factors referred to in paragraph 14.12 Paragraph 8.13 include the following:
(a) the quote must be obtained via the Trading Platform or by such other means as we may from time to time notify you;
(b) your offer to open or close the Position Transaction must be given while the quote is still valid;
(c) the Quote quote must not contain a Manifest Error;
(d) when you offer to open a PositionTransaction, the number of units in respect of which the Transaction is to be opened must be neither smaller than the minimum unit amount specified specified on the Trading PlatformPlatform for the Instrument, as applicable, from time to time, nor greater than the amount permitted in accordance with the terms of this Agreement;
(e) when you offer to close part but not all of an open Position Transaction both the part of the Position Transaction that you offer to close and the part that would remain open if we accepted your offer must not be smaller than the minimum unit amount specified specified on the Trading Platform;
(f) Force Majeure Event must not have occurred when you offer to open or close a Transaction, which affect the execution of the Transaction;
; (g) An an Event of Default must not have occurred in respect of you;
(h) when you offer to open any Position, the opening must not result in your exceeding any Initial or Maintenance Margin amount, credit or other limit placed on your dealings;
(i) subject to paragraph 14.12 herein, your offer must be given to us during the Trading Hours for the applicable Underlying Asset in respect of which you offer to open or close the Position;
(j) the internet connection or communications are not disrupted;
(k) there is no request of regulatory or supervisory authorities of the relevant jurisdiction or a court order to the contrary;
(l) the legality or genuineness of the Order is under not under doubt;
(m) there are Normal Market Conditions; and
(n) any other reasonable factor that we, in our sole discretion, notify you from time to time.
14.14. Use of any robots, spiders or other automated data entry system with the Trading Platform is expressly prohibited, unless you receive express written consent by the Company prior to activating the robot. All Transactions must be completed manually by you.
14.15. The Company is under no obligation, unless otherwise agreed in the Agreement, to monitor or advise the Client on the status of any Transaction or to close out any Client’s Open Positions. When the Company decides to do so, this will be done on a discretionary basis and will not be considered an undertaking of an obligation to continue. It is the Client’s responsibility to be aware of his positions at all times.
Appears in 1 contract
Samples: Client Agreement
GENERAL RULES OF TRADING. 14.1. 6.1 Without prejudice to any other provisions herein and in particular paragraph 14.13 of this Client Agreement, once the Client places an Order order on the Trading Platform, the Company arranges for the execution of the said Order order with the Execution Venue according to the Summary of Best Interest and Order Execution Policy, found on the Company’s Websiteexecution venue. It is understood that the Company executes does not execute the Client Orders orders in CFDs as an agenta principal to principal against the Client, i.e. the Company executes Client’s orders in third party Execution Venue(s)is not itself the execution venue for the execution of the Client orders.
14.2. 6.2 You acknowledge and agree that each Transaction transaction conducted on the Trading Platform, is comprised of first an offer by you to us to complete a Transaction transaction (whether such offer is to open a Position or close an Open open Position) at a certain price quoted on the Trading Platform, and our subsequent acceptance of your offer. An Offer offer will be deemed to have been completed only when your offer it has been received and accepted by us. Our acceptance of an offer will be evidenced by our confirmation of its terms to you and its completion.
14.3. 6.3 You may request to cancel or amend a Transaction at any time time, prior to our completing such a Transactiontransaction.
14.4. 6.4 We reserve the right to void from the outset any Transaction transaction containing or based on any Manifest Errormanifest error. In the absence of our fraud or wilful willful default, we will not be liable to you for any loss, cost, claim, demand or expense following any Manifest Errormanifest error.
14.56.5 You acknowledge that all of our prices and quotes shown on the Platform are the ones provided by the Company’s execution venue. The execution venue obtains prices (Bid and Ask prices) of the underlying asset for a given CFD from third party reputable external reference sources (i.e. price feeders). The execution venue then uses these prices to calculate their own tradable prices for a given CFD and provides them to the Company.
6.6 You shall comply with any restrictions that we notify to you from time to time with respect to your activities on the Trading Platform, including without limitation, the size of Transactions transactions or other conditions that may apply to our Quotequote. You acknowledge that we may offer to and impose on each Clientuser, in our sole discretion, different terms and restrictions with respect to their use of the Trading Platform.
14.6. 6.7 You acknowledge that the Trading Platform is independent of any Underlying Markets underlying markets, and we are under no obligation to quote a particular price or follow the trading rules consistent with such Underlying Marketsunderlying markets. You further acknowledge that the triggering of your Order transaction is linked to the prices quoted we quote on the Trading Platform, not the prices quoted elsewhere on the relevant Underlying Markets and the Company does not guarantee that when executing an Order its price will be more favourable than one which might be available elsewhereunderlying markets. In determining whether the prices quoted on the Trading Platform reach or exceed the price accepted by us in a Transactiontransaction, we will be entitled (but not obliged), in our absolute discretion, to disregard any prices quoted on our Platform by us during any pre-market, post-post- market or intra-day auction periods in the relevant Underlying Marketsunderlying markets, during any intra-intra- day or other period of suspension in the relevant Underlying Marketsunderlying markets, or during any other period that in our reasonable opinion may give rise to short-short term price spikes or other distortions. Our prices may differ from the current prices on the relevant Underlying Markets and .
6.8 When you acknowledge that complete a Transaction may be triggered even though:
(a) an Underlying Market never traded at the level of your Transaction; or
(b) the Underlying Market did trade at the level of your Transaction but for such a short period that it would have been impractical to execute an equivalent transaction on the Underlying Markets.
14.7. When you place an Order on the Trading Platform, you agree that you are not dealing on a recognised recognized exchange.
14.8. 6.9 You undertake and agree not to use the prices quoted on the Trading Platform for any purpose other than for your own trading purpose, and you agree not to redistribute our prices to any other person whether such redistribution is for commercial or other purposes.
14.9. 6.10 You acknowledge that each Transaction transaction is made for a specified number of units that constitute the Underlying Assetunderlying asset. You may only complete Transactions transactions on the Trading Platform for the minimum number of units as set forth on the Trading Platform as the "Unit Amountunit amount", and in multiples of such "Unit Amount" unit amount", up until the maximum amount permitted by the Trading Platform. You acknowledge and agree that we may set, in our sole and absolute discretion, the "Unit Amountunit amount" for each Underlying Assetunderlying asset.
14.10. 6.11 Each Position opened by you, and any Transaction transaction completed, will be binding on you notwithstanding that by opening the Position you may have exceeded any credit or other limit applicable to you or in respect of your dealings with us.
14.11. 6.12 You may request a Quote quote to open or close a Position for a particular Underlying Assetunderlying asset, at any time during the Trading Hours for such Underlying Assetunderlying asset. We will be under no obligation to to, but may, in our absolute discretion, provide a Quote and accept and act on your offer to open or close a Position for an Underlying Asset underlying asset outside of the Trading Hours of such Underlying Assetunderlying asset. In some cases, Transactions transactions may only be traded during the time when the relevant Underlying Market underlying market is open. Trading Hours are displayed on the Trading Platform under the details link for each specific Underlying Assetunderlying asset. It is your responsibility to ensure that you are aware of which Underlying Asset underlying asset may be affected.
14.12. 6.13 Without prejudice to any of our right hereunder, if, prior to the acceptance of your Order order to open or close a Positiontransaction, we become aware that any of the factors set out in paragraph 14.13 herein, has clause 6.14 herein have not been met, we reserve the right to reject your Order order outright. If we have, nevertheless, already opened or closed a Position transaction prior to becoming aware that a factor set out in paragraph 14.13 clause 16.14 herein has not been met, we may may, in our discretion, either treat such a Transaction transaction as void from the outset or close the Open Position it at our then prevailing price. However, we may, in our absolute discretion, allow you to open or, as the case may be, close the Open Position transaction in which case you will be bound by the opening or closure of such Position, notwithstanding that the factors in paragraph 14.13 herein were not satisfiedtransaction.
14.13. 6.14 The factors referred to in paragraph 14.12 clause 6.13 include the following:
(a) : • the quote must be obtained via the Trading Platform or by such other means as we may from time to time notify you;
(b) . • your offer to open or close the Position transaction must be given while the quote is still valid;
(c) . • the Quote quote must not contain a Manifest Error;
(d) manifest error. • when you offer to open a Positiontransaction, the number of units in respect of which the Transaction transaction is to be opened must be neither smaller than the minimum unit amount specified on the Trading PlatformPlatform for the Financial Instrument, as applicable, from time to time, nor greater than the amount permitted in accordance with the terms of this Agreement;
(e) Terms. • when you offer to close part but not all of an open Position transaction, both the part of the Position transaction that you offer to close and the part that would remain open if we accepted your offer must not be smaller than the minimum unit amount specified on the Trading Platform;
(f) . • Force Majeure Event must not have occurred when you offer to open or close a Transaction, which affect the execution transaction. • an event of the Transaction;
(g) An Event of Default default must not have occurred in respect of you;
(h) . • when you offer to open any Positiontransaction, the opening of the transaction must not result in your exceeding any Initial initial or Maintenance Margin maintenance margin amount, credit or other limit placed on your dealings;
(i) subject to paragraph 14.12 herein, your dealings • our offer must be given to us during the Trading Hours for the applicable Underlying Asset underlying asset in respect of which you offer to open or close the Position;
(j) transaction. • the internet connection or communications are not disrupted;
(k) . • there is no request of regulatory or supervisory authorities of the relevant jurisdiction Comoros or a court order to the contrary;
(l) . • the legality or genuineness of the Order is under not under doubt;
(m) . • there are Normal Market Conditionsnormal market conditions; and
(n) and • any other reasonable factor that we, in our sole discretion, notify you from time to time.
14.146.15 Certain third-party companies may make available computerized solutions that facilitate the entry of trading orders or the execution of other activities on the Platform (e.g. "trading robots") and/or allow for algorithm-based trading ("Robots" and/or "Robot Trading"). Use The use of any robots, spiders or other automated data entry system Robots and/or Robot Trading with the Trading Platform is expressly prohibited, unless you receive express written consent in no way sanctioned by the Company prior to activating and is at the robot. All Transactions must be completed manually by you.
14.15Client's sole risk and responsibility. The Company is under makes no obligationrepresentations or warranties about the effectiveness, unless otherwise agreed in the Agreementaccuracy, to monitor functionality, performance, integrity, freedom-from-error or advise the Client on the status any other feature of any Transaction such Robots or to close out any Client’s Open Positions. When the Company decides to do so, this will be done on a discretionary basis and will not be considered an undertaking of an obligation to continue. It is the Client’s responsibility to be aware of his positions at all times.Robot Trading
Appears in 1 contract
Samples: Client Agreement
GENERAL RULES OF TRADING. 14.115.1. Without prejudice to any other provisions herein and in particular paragraph 14.13 15.14 of this Client Agreement, once the Client places an Order on the Trading Platform, the Company arranges for the execution of the said Order with the Execution Venue according to the Summary of Best Interest and Order Execution Policy, found on the Company’s Website. It is understood that the Company executes does not execute the Client Orders in CFDs as an agenta principal to principal against the Client, i.e. the Company executes Client’s orders is not itself the Execution Venue (as defined in third party Execution Venue(s)Commission Directive 2006/73/EC implementing MiFID) for the execution of the Client Orders.
14.215.2. You acknowledge and agree that each Transaction conducted on the Trading Platform, is comprised of first an offer by you to us to complete a Transaction (whether such offer is to open a Position or close an Open Position) at a certain price quoted on the Trading Platform, and our subsequent acceptance of your offer. An Offer will be deemed to have been completed only when your offer has been received and accepted by us. Our acceptance of an offer will be evidenced by our confirmation of its terms to you and its completion.
14.315.3. You may request to cancel or amend a Transaction at any time prior to our completing such a Transaction.
14.415.4. We reserve the right to void from the outset any Transaction containing or based on any Manifest Error. In the absence of our fraud or wilful default, we will not be liable to you for any loss, cost, claim, demand or expense following any Manifest Error.
14.515.5. You acknowledge that all of our prices and Quotes shown on the Trading Platform are the ones provided by the Company’s Execution Venue. The Execution Venue obtains prices (BID and ASK prices) of the Underlying Asset for a given CFD from third party reputable external reference sources (i.e. price feeders). The Execution Venue then uses these prices to calculate their own tradable prices for a given CFD and provide them to the Company.
15.6. You shall comply with any restrictions that we notify to you from time to time with respect to your activities on the Trading Platform, including without limitation, the size of Transactions or other conditions that may apply to our Quote. You acknowledge that we may offer to and impose on each Client, in our sole discretion, different terms and restrictions with respect to their use of the Trading Platform.
14.615.7. You acknowledge that the Trading Platform is independent of any Underlying Markets and we are under no obligation to quote a particular price or follow the trading rules consistent with such Underlying Markets. You further acknowledge that the triggering of your Order is linked to the prices quoted on the Trading Platform, not the prices quoted elsewhere on the relevant Underlying Markets and the Company does not guarantee that when executing an Order its price will be more favourable than one which might be available elsewhere. In determining whether the prices quoted on the Trading Platform reach or exceed the price accepted by us in a Transaction, we will be entitled (but not obliged), in our absolute discretion, to disregard any prices quoted on our Platform during any pre-market, post-market or intra-day auction periods in the relevant Underlying Markets, during any intra-day or other period of suspension in the relevant Underlying Markets, or during any other period that in our reasonable opinion may give rise to short-term price spikes or other distortions. Our prices may differ from the current prices on the relevant Underlying Markets and you acknowledge that a Transaction may be triggered even though:
(a) a. an Underlying Market never traded at the level of your Transaction; or
(b) b. the Underlying Market did trade at the level of your Transaction but for such a short period that it would have been impractical to execute an equivalent transaction on the Underlying Markets.
14.715.8. When you place an Order on the Trading Platform, you agree that you are not dealing a recognised recognized exchange.
14.815.9. You undertake and agree not to use the prices quoted on the Trading Platform for any purpose other than for your own trading purpose, and you agree not to redistribute our prices to any other person whether such redistribution is for commercial or other purposes.
14.915.10. You acknowledge that each Transaction is made for a specified number of units that constitute the Underlying Asset. You may only complete Transactions on the Trading Platform for the minimum number of units as set forth on the Trading Platform as the "Unit Amount", and in multiples of such "Unit Amount" up until the maximum amount permitted by the Trading Platform. You acknowledge and agree that we may set, in our sole and absolute discretion, the "Unit Amount" for each Underlying Asset.
14.1015.11. Each Position opened by you, and any Transaction completed, will be binding on you notwithstanding that by opening the Position you may have exceeded any credit or other limit applicable to you or in respect of your dealings with us.
14.1115.12. You may request a Quote to open or close a Position for a particular Underlying Asset, at any time during the Trading Hours for such Underlying Asset. We will be under no obligation to but may, in our absolute discretion, provide a Quote and accept and act on your offer to open or close a Position for an Underlying Asset outside of the Trading Hours of such Underlying Asset. In some cases, Transactions may only be traded during the time when the relevant Underlying Market is open. Trading Hours are displayed on the Trading Platform under the details link for each specific Underlying Asset. It is your responsibility to ensure you are aware of which Underlying Asset may be affected.
14.1215.13. Without prejudice to any of our right hereunder, if, prior to the acceptance of your Order to open or close a Position, we become aware that any of the factors set out in paragraph 14.13 herein, has 15.14 herein have not been met, we reserve the right to reject your Order outright. If we have, nevertheless, already opened or closed a Position prior to becoming aware that a factor set out in paragraph 14.13 herein has 15.14 hereinhas not been met, we may ,e in our discretion, either treat such a Transaction as void from the outset or close the Open Position at our then prevailing price. However, we may, in our absolute discretion, allow you to open or, as the case may be, close the Open Position in which case you will be bound by the opening or closure of such Position, notwithstanding that the factors in paragraph 14.13 15.14 herein were not satisfied.
14.1315.14. The factors referred to in paragraph 14.12 15.13 include the following:
(a) a. the quote must be obtained via the Trading Platform or by such other means as we may from time to time notify you;
(b) your ; b.your offer to open or close the Position must be given while the quote is still valid;
(c) the Quote must not contain a Manifest Error;
(d) when you offer to open a Position, the number of units in respect of which the Transaction is to be opened must be neither smaller than the minimum unit amount specified on the Trading Platform, as applicable, from time to time, nor greater than the amount permitted in accordance with the terms of this Agreement;
(e) when you offer to close part but not all of an open Position both the part of the Position that you offer to close and the part that would remain open if we accepted your offer must not be smaller than the minimum unit amount specified on the Trading Platform;
(f) Force Majeure Event must not have occurred when you offer to open or close a Transaction, which affect the execution of the Transaction;
(g) An Event of Default must not have occurred in respect of you;
(h) when you offer to open any Position, the opening must not result in your exceeding any Initial or Maintenance Margin amount, credit or other limit placed on your dealings;
(i) subject to paragraph 14.12 herein, your offer must be given to us during the Trading Hours for the applicable Underlying Asset in respect of which you offer to open or close the Position;
(j) the internet connection or communications are not disrupted;
(k) there is no request of regulatory or supervisory authorities of the relevant jurisdiction or a court order to the contrary;
(l) the legality or genuineness of the Order is under not under doubt;
(m) there are Normal Market Conditions; and
(n) any other reasonable factor that we, in our sole discretion, notify you from time to time.
14.14. Use of any robots, spiders or other automated data entry system with the Trading Platform is expressly prohibited, unless you receive express written consent by the Company prior to activating the robot. All Transactions must be completed manually by you.
14.15. The Company is under no obligation, unless otherwise agreed in the Agreement, to monitor or advise the Client on the status of any Transaction or to close out any Client’s Open Positions. When the Company decides to do so, this will be done on a discretionary basis and will not be considered an undertaking of an obligation to continue. It is the Client’s responsibility to be aware of his positions at all times.
Appears in 1 contract
Samples: Client Agreement
GENERAL RULES OF TRADING. 14.115.1. Without prejudice to any other provisions herein and in particular paragraph 14.13 of this Agreement, once the Client places an Order on the Trading Platform, All Orders placed by you shall be executed by the Company arranges for the execution of the said Order with the Execution Venue according to the Summary of Best Interest and Order Execution Policy, found on the Company’s Website. It is understood that the Company executes the Client Orders in CFDs as an agentitself, i.e. the Company executes Client’s orders shall be the counterparty in third party Execution Venue(s)each Transaction against you.
14.215.2. You acknowledge and agree that each Transaction conducted on the Trading Platform, including the placing of an Order, is comprised of first first, an offer by you to us to complete a Transaction (whether such offer is to open a Position Transaction or close an Open Positionopen Transaction) at a certain price quoted on the Trading Platform, and our subsequent acceptance of your offer. An Offer A Transaction will be deemed to have been completed only when your offer has been received and accepted by us. Our acceptance of an offer will be evidenced by our confirmation of its terms to you and its completion.
14.315.3. We will be under no obligation to, but may in our absolute discretion, provide quotes for, or accept, execute or cancel, all or any part of a Transaction that you have requested through the Trading Platform without giving any reason. You may request to cancel or amend a Transaction at any time prior to our completing such a Transaction. We shall be entitled, but not obliged, to accept such a request in our sole discretion.
14.415.4. We reserve the right to void from the outset any Transaction containing or based on any Manifest Error. In the absence of our fraud or wilful willful default, we will not be liable to you for any loss, cost, claim, demand or expense following any Manifest Error.
14.515.5. You acknowledge that all prices and Quotes shown on the Trading Platform are indicative only of actual trading prices in Normal Market Size and are subject to constant change. The Company provides Quotes by taking into account the Underlying Asset price, but this does not mean that these Quotes are within any specific percentage of the Underlying Asset price. When the relevant Underlying Market is closed, the Quotes provided by the Company will reflect what the Company thinks to be the current Bid and Ask price of the relevant Underlying Asset at that time.
15.6. You shall comply with any restrictions that we notify to you from time to time with respect to your activities on the Trading Platform, including without limitation, the size of Transactions or other conditions that may apply to our Quotequote. You acknowledge that we may offer to and impose on each Clientuser, in our sole discretion, different terms and restrictions with respect to their use of the Trading Platform.
14.6. You acknowledge that the Trading Platform is independent of any Underlying Markets and we are under no obligation to quote a particular price or follow the trading rules consistent with such Underlying Markets. You further acknowledge that the triggering of your Order is linked to the prices quoted on the Trading Platform, not the prices quoted elsewhere on the relevant Underlying Markets and the Company does not guarantee that when executing an Order its price will be more favourable than one which might be available elsewhere. In determining whether the prices quoted on the Trading Platform reach or exceed the price accepted by us in a Transaction, we will be entitled (but not obliged), in our absolute discretion, to disregard any prices quoted on our Platform during any pre-market, post-market or intra-day auction periods in the relevant Underlying Markets, during any intra-day or other period of suspension in the relevant Underlying Markets, or during any other period that in our reasonable opinion may give rise to short-term price spikes or other distortions. Our prices may differ from the current prices on the relevant Underlying Markets and you acknowledge that a Transaction may be triggered even though:
(a) an Underlying Market never traded at the level of your Transaction; or
(b) the Underlying Market did trade at the level of your Transaction but for such a short period that it would have been impractical to execute an equivalent transaction on the Underlying Markets.
14.7. When you place an Order on the Trading Platform, you agree that you are not dealing a recognised exchange.
14.8. You undertake and agree not to use the prices quoted on the Trading Platform for any purpose other than for your own trading purpose, and you agree not to redistribute our prices to any other person whether such redistribution is for commercial or other purposes.
14.9. You acknowledge that each Transaction is made for a specified number of units that constitute the Underlying Asset. You may only complete Transactions on the Trading Platform for the minimum number of units as set forth on the Trading Platform as the "Unit Amount", and in multiples of such "Unit Amount" up until the maximum amount permitted by the Trading Platform. You acknowledge and agree that we may set, in our sole and absolute discretion, the "Unit Amount" for each Underlying Asset.
14.10. Each Position opened by you, and any Transaction completed, will be binding on you notwithstanding that by opening the Position you may have exceeded any credit or other limit applicable to you or in respect of your dealings with us.
14.11. You may request a Quote to open or close a Position for a particular Underlying Asset, at any time during the Trading Hours for such Underlying Asset. We will be under no obligation to but may, in our absolute discretion, provide a Quote and accept and act on your offer to open or close a Position for an Underlying Asset outside of the Trading Hours of such Underlying Asset. In some cases, Transactions may only be traded during the time when the relevant Underlying Market is open. Trading Hours are displayed on the Trading Platform under the details link for each specific Underlying Asset. It is your responsibility to ensure you are aware of which Underlying Asset may be affected.
14.12. Without prejudice to any of our right hereunder, if, prior to the acceptance of your Order to open or close a Position, we become aware that any of the factors set out in paragraph 14.13 herein, has not been met, we reserve the right to reject your Order outright. If we have, nevertheless, already opened or closed a Position prior to becoming aware that a factor set out in paragraph 14.13 herein has not been met, we may in our discretion, either treat such a Transaction as void from the outset or close the Open Position at our then prevailing price. However, we may, in our absolute discretion, allow you to open or, as the case may be, close the Open Position in which case you will be bound by the opening or closure of such Position, notwithstanding that the factors in paragraph 14.13 herein were not satisfied.
14.13. The factors referred to in paragraph 14.12 include the following:
(a) the quote must be obtained via the Trading Platform or by such other means as we may from time to time notify you;
(b) your offer to open or close the Position must be given while the quote is still valid;
(c) the Quote must not contain a Manifest Error;
(d) when you offer to open a Position, the number of units in respect of which the Transaction is to be opened must be neither smaller than the minimum unit amount specified on the Trading Platform, as applicable, from time to time, nor greater than the amount permitted in accordance with the terms of this Agreement;
(e) when you offer to close part but not all of an open Position both the part of the Position that you offer to close and the part that would remain open if we accepted your offer must not be smaller than the minimum unit amount specified on the Trading Platform;
(f) Force Majeure Event must not have occurred when you offer to open or close a Transaction, which affect the execution of the Transaction;
(g) An Event of Default must not have occurred in respect of you;
(h) when you offer to open any Position, the opening must not result in your exceeding any Initial or Maintenance Margin amount, credit or other limit placed on your dealings;
(i) subject to paragraph 14.12 herein, your offer must be given to us during the Trading Hours for the applicable Underlying Asset in respect of which you offer to open or close the Position;
(j) the internet connection or communications are not disrupted;
(k) there is no request of regulatory or supervisory authorities of the relevant jurisdiction or a court order to the contrary;
(l) the legality or genuineness of the Order is under not under doubt;
(m) there are Normal Market Conditions; and
(n) any other reasonable factor that we, in our sole discretion, notify you from time to time.
14.14. Use of any robots, spiders or other automated data entry system with the Trading Platform is expressly prohibited, unless you receive express written consent by the Company prior to activating the robot. All Transactions must be completed manually by you.
14.15. The Company is under no obligation, unless otherwise agreed in the Agreement, to monitor or advise the Client on the status of any Transaction or to close out any Client’s Open Positions. When the Company decides to do so, this will be done on a discretionary basis and will not be considered an undertaking of an obligation to continue. It is the Client’s responsibility to be aware of his positions at all times.
Appears in 1 contract
Samples: Client Agreement
GENERAL RULES OF TRADING. 14.11.1. Without prejudice to any other provisions herein and in particular paragraph 14.13 13.13 of this Client Agreement, once the Client places an Order on the Trading Platform, the Company arranges for arrangesfor the execution of the said Order with the Execution Venue according to the Summary of Best Interest and Order Execution Policy, found on the Company’s Website. It is understood that the Company executes the Client Orders in CFDs as an agent, i.e. the Company executes Client’s orders in third party Execution Venue(s)Order.
14.21.2. You acknowledge and agree that each Transaction conducted on the Trading Platform, is comprised of first an offer by you to us to complete a Transaction (whether such offer is to open a Position or close an Open Position) at a certain price quoted on the Trading Platform, and our subsequent acceptance of your offer. An Offer will be deemed to have been completed only when your offer has been received and accepted by us. Our acceptance of an offer will be evidenced by our confirmation of its terms to you and its completion.
14.31.3. You may request to cancel or amend a Transaction at any time prior to our completing such a Transaction.
14.41.4. We reserve the right to void from the outset any Transaction containing or based on any Manifest Error. In the absence of our fraud or wilful willful default, we will not be liable to you for any loss, cost, claim, demand or expense following any Manifest Error.
14.51.5. You shall comply with any restrictions that we notify to you from time to time with respect to your activities on the Trading Platform, including without limitation, the size of Transactions or other conditions that may apply to our Quote. You acknowledge that we may offer to and impose on each Client, in our sole discretion, different terms and restrictions with respect to their use of the Trading Platform.
14.61.6. You acknowledge that the Trading Platform is independent of any Underlying Markets and we are under no obligation to quote a particular price or follow the trading rules consistent with such Underlying Markets. You further acknowledge that the triggering of your Order is linked to the prices quoted on the Trading Platform, not the prices quoted elsewhere on the relevant Underlying Markets and the Company does not guarantee that when executing an Order its price will be more favourable favorable than one which might be available elsewhere. In determining whether the prices quoted on quotedon the Trading Platform reach or exceed the price accepted by us in a Transaction, we will be entitled (but not obliged), in our absolute discretion, to disregard any prices quoted on our Platform during any pre-pre- market, post-market or intra-day auction periods in the relevant Underlying Markets, during any intra-intra- day or other period of suspension in the relevant Underlying Markets, or during orduring any other period that in our reasonable opinion may give rise to short-term price spikes or other distortions. Our prices may differ from the current prices on the relevant Underlying Markets and you acknowledge that a Transaction may be triggered even though:
(a) an Underlying Market never traded at the level of your Transaction; or
(b) the Underlying Market did trade at the level of your Transaction but for such a short period that it would have been impractical to execute an equivalent transaction on the Underlying Markets.
14.71.7. When you place an Order on the Trading Platform, you agree that you are not dealing a recognised recognized exchange.
14.81.8. You undertake and agree not to use the prices quoted on the Trading Platform for any purpose other than for your own trading purpose, and you agree not to redistribute our prices to any other person whether such redistribution is for commercial or other purposes.
14.91.9. You acknowledge that each Transaction is made for a specified number of units that constitute the Underlying Asset. You may only complete Transactions on the Trading Platform for the minimum number of units as set forth on the Trading Platform as the "Unit Amount", and in multiples of such "Unit Amount" up until the maximum amount permitted by the Trading Platform. You acknowledge and agree that we may set, in our sole and absolute discretion, the "Unit Amount" for each Underlying Asset.
14.101.10. Each Position opened by you, and any Transaction completed, will be binding on you notwithstanding that by opening the Position you may have exceeded any credit or other limit applicable to you or in respect of your dealings with us.
14.111.11. You may request a Quote to open or close a Position for a particular Underlying Asset, at any time during the Trading Hours for such Underlying Asset. We will be under no obligation to but may, in our absolute discretion, provide a Quote and accept and act on your offer to open or close a Position for an Underlying Asset outside of the Trading Hours of such Underlying Asset. In some cases, Transactions may only be traded during the time when the relevant Underlying Market is open. Trading Hours are displayed on the Trading Platform under the details link for each specific Underlying specificUnderlying Asset. It is your responsibility to ensure you are aware of which Underlying Asset may be maybe affected.
14.121.12. Without prejudice to any of our right hereunder, if, prior to the acceptance of your Order to open or close a Position, we become aware that any of the factors set out in paragraph 14.13 herein13.13 herein- below, has not been met, we reserve the right to reject your Order outright. If we have, nevertheless, already opened or closed a Position prior to becoming aware that a factor set out in paragraph 14.13 herein has not been met, we may in our discretion, either treat such a Transaction as void from the outset or close the Open Position at our then prevailing price. However, we may, in our absolute discretion, allow you to open or, as the case may be, close the Open Position in which case you will be bound by the opening or closure of such Position, notwithstanding that the factors in paragraph 14.13 herein were not satisfied.
14.13. The factors referred to in paragraph 14.12 include the following:
(a) the quote must be obtained via the Trading Platform or by such other means as we may from time to time notify you;
(b) your offer to open or close the Position must be given while the quote is still valid;
(c) the Quote must not contain a Manifest Error;
(d) when you offer to open a Position, the number of units in respect of which the Transaction is to be opened must be neither smaller than the minimum unit amount specified on the Trading Platform, as applicable, from time to time, nor greater than the amount permitted in accordance with the terms of this Agreement;
(e) when you offer to close part but not all of an open Position both the part of the Position that you offer to close and the part that would remain open if we accepted your offer must not be smaller than the minimum unit amount specified on the Trading Platform;
(f) Force Majeure Event must not have occurred when you offer to open or close a Transaction, which affect the execution of the Transaction;
(g) An Event of Default must not have occurred in respect of you;
(h) when you offer to open any Position, the opening must not result in your exceeding any Initial or Maintenance Margin amount, credit or other limit placed on your dealings;
(i) subject to paragraph 14.12 herein, your offer must be given to us during the Trading Hours for the applicable Underlying Asset in respect of which you offer to open or close the Position;
(j) the internet connection or communications are not disrupted;
(k) there is no request of regulatory or supervisory authorities of the relevant jurisdiction or a court order to the contrary;
(l) the legality or genuineness of the Order is under not under doubt;
(m) there are Normal Market Conditions; and
(n) any other reasonable factor that we, in our sole discretion, notify you from time to time.
14.14. Use of any robots, spiders or other automated data entry system with the Trading Platform is expressly prohibited, unless you receive express written consent by the Company prior to activating the robot. All Transactions must be completed manually by you.
14.15. The Company is under no obligation, unless otherwise agreed in the Agreement, to monitor or advise the Client on the status of any Transaction or to close out any Client’s Open Positions. When the Company decides to do so, this will be done on a discretionary basis and will not be considered an undertaking of an obligation to continue. It is the Client’s responsibility to be aware of his positions at all times.paragraph
Appears in 1 contract
Samples: Client Agreement
GENERAL RULES OF TRADING. 14.115.1. Without prejudice to any other provisions herein and in particular paragraph 14.13 15.13 of this Client Agreement, once the Client places an Order on the Trading Platform, the Company arranges for the execution of the said Order with the Execution Venue according to the Summary of Best Interest and Order Execution Policy, found on the Company’s Website. It is understood that the Company executes the Client Orders in CFDs as an STP agent, i.e. the Company executes Client’s orders in third party Execution Venue(s).
14.215.2. You acknowledge and agree that each Transaction conducted on the Trading Platform, is comprised of first an offer by you to us to complete a Transaction (whether such offer is to open a Position or close an Open Position) at a certain price quoted on the Trading Platform, and our subsequent acceptance of your offer. An Offer will be deemed to have been completed only when your offer has been received and accepted by us. Our acceptance of an offer will be evidenced by our confirmation of its terms to you and its completion.
14.315.3. You may request to cancel or amend a Transaction at any time prior to our completing such a Transaction.
14.415.4. We reserve the right to void from the outset any Transaction containing or based on any Manifest Error. In the absence of our fraud or wilful willful default, we will not be liable to you for any loss, cost, claim, demand or expense following any Manifest Error.
14.515.5. You shall comply with any restrictions that we notify to you from time to time with respect to your activities on the Trading Platform, including without limitation, the size of Transactions or other conditions that may apply to our Quote. You acknowledge that we may offer to and impose on each Client, in our sole discretion, different terms and restrictions with respect to their use of the Trading Platform.
14.615.6. You acknowledge that the Trading Platform is independent of any Underlying Markets and we are under no obligation to quote a particular price or follow the trading rules consistent with such Underlying Markets. You further acknowledge that the triggering of your Order is linked to the prices quoted on the Trading Platform, not the prices quoted elsewhere on the relevant Underlying Markets and the Company does not guarantee that when executing an Order its price will be more favourable than one which might be available elsewhere. In determining whether the prices quoted on the Trading Platform reach or exceed the price accepted by us in a Transaction, we will be entitled (but not obliged), in our absolute discretion, to disregard any prices quoted on our Platform during any pre-market, post-market or intra-day auction periods in the relevant Underlying Markets, during any intra-day or other period of suspension in the relevant Underlying Markets, or during any other period that in our reasonable opinion may give rise to short-term price spikes or other distortions. Our prices may differ from the current prices on the relevant Underlying Markets and you acknowledge that a Transaction may be triggered even though:
(a) an Underlying Market never traded at the level of your Transaction; or
(b) the Underlying Market did trade at the level of your Transaction but for such a short period that it would have been impractical to execute an equivalent transaction on the Underlying Markets.
14.715.7. When you place an Order on the Trading Platform, you agree that you are not dealing a recognised recognized exchange.
14.815.8. You undertake and agree not to use the prices quoted on the Trading Platform for any purpose other than for your own trading purpose, and you agree not to redistribute our prices to any other person whether such redistribution is for commercial or other purposes.
14.915.9. You acknowledge that each Transaction is made for a specified number of units that constitute the Underlying Asset. You may only complete Transactions on the Trading Platform for the minimum number of units as set forth on the Trading Platform as the "Unit Amount", and in multiples of such "Unit Amount" up until the maximum amount permitted by the Trading Platform. You acknowledge and agree that we may set, in our sole and absolute discretion, the "Unit Amount" for each Underlying Asset.
14.1015.10. Each Position opened by you, and any Transaction completed, will be binding on you notwithstanding that by opening the Position you may have exceeded any credit or other limit applicable to you or in respect of your dealings with us.
14.1115.11. You may request a Quote to open or close a Position for a particular Underlying Asset, at any time during the Trading Hours for such Underlying Asset. We will be under no obligation to but may, in our absolute discretion, provide a Quote and accept and act on your offer to open or close a Position for an Underlying Asset outside of the Trading Hours of such Underlying Asset. In some cases, Transactions may only be traded during the time when the relevant Underlying Market is open. Trading Hours are displayed on the Trading Platform under the details link for each specific Underlying Asset. It is your responsibility to ensure you are aware of which Underlying Asset may be affected.
14.1215.12. Without prejudice to any of our right hereunder, if, prior to the acceptance of your Order to open or close a Position, we become aware that any of the factors set out in paragraph 14.13 15.13 herein, has not been met, we reserve the right to reject your Order outright. If we have, nevertheless, already opened or closed a Position prior to becoming aware that a factor set out in paragraph 14.13 15.13 herein has not been met, we may in our discretion, either treat such a Transaction as void from the outset or close the Open Position at our then prevailing price. However, we may, in our absolute discretion, allow you to open or, as the case may be, close the Open Position in which case you will be bound by the opening or closure of such Position, notwithstanding that the factors in paragraph 14.13 15.13 herein were not satisfied.
14.1315.13. The factors referred to in paragraph 14.12 15.12 include the following:
(a) the quote must be obtained via the Trading Platform or by such other means as we may from time to time notify you;
(b) your offer to open or close the Position must be given while the quote is still valid;
(c) the Quote must not contain a Manifest Error;
(d) when you offer to open a Position, the number of units in respect of which the Transaction is to be opened must be neither smaller than the minimum unit amount specified on the Trading Platform, as applicable, from time to time, nor greater than the amount permitted in accordance with the terms of this Agreement;
(e) when you offer to close part but not all of an open Position both the part of the Position that you offer to close and the part that would remain open if we accepted your offer must not be smaller than the minimum unit amount specified on the Trading Platform;
(f) Force Majeure Event must not have occurred when you offer to open or close a Transaction, which affect the execution of the Transaction;
(g) An Event of Default must not have occurred in respect of you;
(h) when you offer to open any Position, the opening must not result in your exceeding any Initial or Maintenance Margin amount, credit or other limit placed on your dealings;
(i) subject to paragraph 14.12 15.12 herein, your offer must be given to us during the Trading Hours for the applicable Underlying Asset in respect of which you offer to open or close the Position;
(j) the internet connection or communications are not disrupted;
(k) there is no request of regulatory or supervisory authorities of the relevant jurisdiction Cyprus or a court order to the contrary;
(l) the legality or genuineness of the Order is under not under doubt;
(m) there are Normal Market Conditions; and
(n) any other reasonable factor that we, in our sole discretion, notify you from time to time.
14.1415.14. Use of any robots, spiders or other automated data entry system with the Trading Platform is expressly prohibited, unless you receive express written consent by the Company prior to activating the robot. All Transactions must be completed manually by you.
14.1515.15. The Company is under no obligation, unless otherwise agreed in the Agreement, to monitor or advise the Client on the status of any Transaction or to close out any Client’s Open Positions. When the Company decides to do so, this will be done on a discretionary basis and will not be considered an undertaking of an obligation to continue. It is the Client’s responsibility to be aware of his positions at all times.
Appears in 1 contract
Samples: Client Agreement
GENERAL RULES OF TRADING. 14.128.1. Without prejudice to any other provisions herein and in particular paragraph 14.13 15.13 of this Client Agreement, once the Client places an Order on the Trading Platform, the Company arranges for the execution of the said Order with the Execution Venue according to the Summary of Best Interest and Order Execution Policy, found on the Company’s Website. It is understood that the Company executes the Client Orders in CFDs as an agentAgent for STP, i.e. the Company executes Client’s orders in third party is itself the Execution Venue(s)Venue for the execution of the Client Orders.
14.228.2. You acknowledge and agree that each Transaction conducted on the Trading Platform, is comprised of first an offer by you to us to complete a Transaction (whether such offer is to open a Position or close an Open Position) at a certain price quoted on the Trading Platform, and our subsequent acceptance of your offer. An Offer will be deemed to have been completed only when your offer has been received and accepted by us. Our acceptance of an offer will be evidenced by our confirmation of its terms to you and its completion.
14.328.3. You may request to cancel or amend a Transaction at any time prior to our completing such a Transaction.
14.428.4. We reserve the right to void from the outset any Transaction containing or based on any Manifest Error. In the absence of our fraud or wilful willful default, we will not be liable to you for any loss, cost, claim, demand or expense following any Manifest Error.
14.528.5. You shall comply with any restrictions that we notify to you from time to time with respect to your activities on the Trading Platform, including without limitation, the size of Transactions or other conditions that may apply to our Quote. You acknowledge that we may offer to and impose on each Client, in our sole discretion, different terms and restrictions with respect to their use of the Trading Platform.
14.628.6. You acknowledge that the Trading Platform is independent of any Underlying Markets and we are under no obligation to quote a particular price or follow the trading rules consistent with such Underlying Markets. You further acknowledge that the triggering of your Order is linked to the prices quoted on the Trading Platform, not the prices quoted elsewhere on the relevant Underlying Markets and the Company does not guarantee that when executing an Order its price will be more favourable than one which might be available elsewhere. In determining whether the prices quoted on the Trading Platform reach or exceed the price accepted by us in a Transaction, we will be entitled (but not obliged), in our absolute discretion, to disregard any prices quoted on our Platform during any pre-market, post-market or intra-day auction periods in the relevant Underlying Markets, during any intra-day or other period of suspension in the relevant Underlying Markets, or during any other period that in our reasonable opinion may give rise to short-term price spikes or other distortions. Our prices may differ from the current prices on the relevant Underlying Markets and you acknowledge that a Transaction may be triggered even though:
(a) an Underlying Market never traded at the level of your Transaction; or
(b) the Underlying Market did trade at the level of your Transaction but for such a short period that it would have been impractical to execute an equivalent transaction on the Underlying Markets.
14.728.7. When you place an Order on the Trading Platform, you agree that you are not dealing a recognised recognized exchange.
14.828.8. You undertake and agree not to use the prices quoted on the Trading Platform for any purpose other than for your own trading purpose, and you agree not to redistribute our prices to any other person whether such redistribution is for commercial or other purposes.
14.928.9. You acknowledge that each Transaction is made for a specified number of units that constitute the Underlying Asset. You may only complete Transactions on the Trading Platform for the minimum number of units as set forth on the Trading Platform as the "Unit Amount", and in multiples of such "Unit Amount" up until the maximum amount permitted by the Trading Platform. You acknowledge and agree that we may set, in our sole and absolute discretion, the "Unit Amount" for each Underlying Asset.
14.1028.10. Each Position opened by you, and any Transaction completed, will be binding on you notwithstanding that by opening the Position you may have exceeded any credit or other limit applicable to you or in respect of your dealings with us.
14.1128.11. You may request a Quote to open or close a Position for a particular Underlying Asset, at any time during the Trading Hours for such Underlying Asset. We will be under no obligation to but may, in our absolute discretion, provide a Quote and accept and act on your offer to open or close a Position for an Underlying Asset outside of the Trading Hours of such Underlying Asset. In some cases, Transactions may only be traded during the time when the relevant Underlying Market is open. Trading Hours are displayed on the Trading Platform under the details link for each specific Underlying Asset. It is your responsibility to ensure you are aware of which Underlying Asset may be affected.
14.1228.12. Without prejudice to any of our right hereunder, if, prior to the acceptance of your Order to open or close a Position, we become aware that any of the factors set out in paragraph 14.13 15.13 herein, has not been met, we reserve the right to reject your Order outright. If we have, nevertheless, already opened or closed a Position prior to becoming aware that a factor set out in paragraph 14.13 15.13 herein has not been met, we may in our discretion, either treat such a Transaction as void from the outset or close the Open Position at our then prevailing price. However, we may, in our absolute discretion, allow you to open or, as the case may be, close the Open Position in which case you will be bound by the opening or closure of such Position, notwithstanding that the factors in paragraph 14.13 15.13 herein were not satisfied.
14.1328.13. The factors referred to in paragraph 14.12 15.12 include the following:
(a) the quote must be obtained via the Trading Platform or by such other means as we may from time to time notify you;
(b) your offer to open or close the Position must be given while the quote is still valid;
(c) the Quote must not contain a Manifest Error;
(d) when you offer to open a Position, the number of units in respect of which the Transaction is to be opened must be neither smaller than the minimum unit amount specified on the Trading Platform, as applicable, from time to time, nor greater than the amount permitted in accordance with the terms of this Agreement;
(e) when you offer to close part but not all of an open Position both the part of the Position that you offer to close and the part that would remain open if we accepted your offer must not be smaller than the minimum unit amount specified on the Trading Platform;
(f) Force Majeure Event must not have occurred when you offer to open or close a Transaction, which affect the execution of the Transaction;
(g) An Event of Default must not have occurred in respect of you;
(h) when you offer to open any Position, the opening must not result in your exceeding any Initial or Maintenance Margin amount, credit or other limit placed limitplaced on your dealings;
(i) subject to paragraph 14.12 15.12 herein, your offer must be given to us during the Trading Hours for the applicable Underlying Asset in respect of which you offer to open or close the Position;
(j) the internet connection or communications are not disrupted;
(k) there is no request of regulatory or supervisory authorities of the relevant jurisdiction Cyprus or a court order to the contrary;
(l) the legality or genuineness of the Order is under not under doubt;
(m) there are Normal Market Conditions; and
(n) any other reasonable factor that we, in our sole discretion, notify you from time to time.
14.1428.14. Use of any robots, spiders or other automated data entry system with the Trading Platform is expressly prohibited, unless you receive express written consent by the Company prior to activating the robot. All Transactions must be completed manually by you.
14.1528.15. The Company is under no obligation, unless otherwise agreed in the Agreement, to monitor or advise the Client on the status of any Transaction or to close out any Client’s Open Positions. When the Company decides to do so, this will be done on a discretionary basis and will not be considered an undertaking of an obligation to continue. It is the Client’s responsibility to be aware of his positions at all times.
Appears in 1 contract
Samples: Client Agreement
GENERAL RULES OF TRADING. 14.115.1. Without prejudice to any other provisions herein and in particular paragraph 14.13 15.14 of this Client Agreement, once the Client places an Order on the Trading Platform, the Company arranges for the execution of the said Order with the Execution Venue according to the Summary of Best Interest and Order Execution Policy, found on the Company’s Website. It is understood that the Company executes does not execute the Client Orders in CFDs as an agenta principal to principal against the Client, i.e. the Company executes Client’s orders is not itself the Execution Venue (as defined in third party Execution Venue(s)Commission Directive 2006/73/EC implementing MiFID) for the execution of the Client Orders.
14.215.2. You acknowledge and agree that each Transaction conducted on the Trading Platform, is comprised of first an offer by you to us to complete a Transaction (whether such offer is to open a Position or close an Open Position) at a certain price quoted on the Trading Platform, and our subsequent acceptance of your offer. An Offer will be deemed to have been completed only when your offer has been received and accepted by us. Our acceptance of an offer will be evidenced by our confirmation of its terms to you and its completion.
14.315.3. You may request to cancel or amend a Transaction at any time prior to our completing such a Transaction.
14.415.4. We reserve the right to void from the outset any Transaction containing or based on any Manifest Error. In the absence of our fraud or wilful default, we will not be liable to you for youfor any loss, cost, claim, demand or expense following any Manifest Error.
14.515.5. You acknowledge that all of our prices and Quotes shown on the Trading Platform are the ones provided by the Company’s Execution Venue. The Execution Venue obtains prices (BID and ASK prices) of the Underlying Asset for a given CFD from third party reputable external reference sources (i.e. price feeders). The Execution Venue then uses these prices to calculate their own tradable prices for a given CFD and provide them to the Company.
15.6. You shall comply with any restrictions that we notify to you from time to time with respect to your activities on the Trading Platform, including without limitation, the size of Transactions or other conditions that may apply to our Quote. You acknowledge that we may offer to and impose on each Client, in our sole discretion, different terms and restrictions with respect to their use of the Trading Platform.
14.615.7. You acknowledge that the Trading Platform is independent of any Underlying Markets and we are under no obligation to quote a particular price or follow the trading rules consistent with such Underlying Markets. You further acknowledge that the triggering of your Order is linked to the prices quoted on the Trading Platform, not the prices quoted elsewhere on the relevant Underlying Markets and the Company does not guarantee that when executing an Order its price will be more favourable than one which might be available elsewhere. In determining whether the prices quoted on the Trading Platform reach or exceed the price accepted by us in a Transaction, we will be entitled (but not obliged), in our absolute discretion, to disregard any prices quoted on our Platform during any pre-market, post-market or intra-day auction periods in the relevant Underlying Markets, during any intra-day or other period of suspension in the relevant Underlying Markets, or during any other period that in our reasonable opinion may give rise to short-term price spikes or other distortions. Our prices may differ from the current prices on the relevant Underlying Markets and you acknowledge that a Transaction may be triggered even though:
(a) a. an Underlying Market never traded at the level of your Transaction; or
(b) b. the Underlying Market did trade at the level of your Transaction but for such a short period that it would have been impractical to execute an equivalent transaction on the Underlying Markets.
14.715.8. When you place an Order on the Trading Platform, you agree that you are not dealing a recognised exchangerecognizedexchange.
14.815.9. You undertake and agree not to use the prices quoted on the Trading Platform for any purpose other than for your own trading purpose, and you agree not to redistribute our prices to any other person whether such redistribution is for commercial or other purposes.
14.915.10. You acknowledge that each Transaction is made for a specified number of units that constitute the Underlying Asset. You may only complete Transactions on the Trading Platform for the minimum number of units as set forth on the Trading Platform as the "Unit Amount", and in multiples of such "Unit Amount" up until the maximum amount permitted by the Trading Platform. You acknowledge and agree that we may set, in our sole and absolute discretion, the "Unit Amount" for each Underlying Asset.
14.1015.11. Each Position opened by you, and any Transaction completed, will be binding on you notwithstanding that by opening the Position you may have exceeded any credit or other limit applicable to you or in respect of your dealings with us. It is noted however that the Company applies a Negative Balance Protection Policy pursuant to which, you may not lose more than the amount deposited on the Platform. In the event that a Position is closed at such price causing your equity to fall below zero, the Company shall waive its right to receive the balance from you.
14.1115.12. You may request a Quote to open or close a Position for a particular Underlying Asset, at any time during the Trading Hours for such Underlying Asset. We will be under no obligation to but may, in our absolute discretion, provide a Quote and accept and act on your offer to open or close a Position for an Underlying Asset outside of the Trading Hours of such Underlying Asset. In some cases, Transactions may only be traded during the time when the relevant Underlying Market is open. Trading Hours are displayed on the Trading Platform under the details link for each specific Underlying Asset. It is your responsibility to ensure you are aware of which Underlying Asset may be affected.
14.1215.13. Without prejudice to any of our right hereunder, if, prior to the acceptance of your Order to open or close a Position, we become aware that any of the factors set out in paragraph 14.13 herein, has 15.14 herein have not been met, we reserve the right to reject your Order outright. If we have, nevertheless, already opened or closed a Position prior to becoming aware that a factor set out in paragraph 14.13 15.14 herein has not been met, we may may, in our discretion, either treat such a Transaction as void from the outset or close the Open Position at our then prevailing price. However, we may, in our absolute discretion, allow you to open or, as the case may be, close the Open Position in which case you will be bound by the opening or closure of such Position, notwithstanding that the factors in paragraph 14.13 15.14 herein were not satisfiednotsatisfied.
14.1315.14. The factors referred to in paragraph 14.12 15.13 include the following:
(a) a. the quote must be obtained via the Trading Platform or by such other means as we may from time to time notify you;
(b) b. your offer to open or close the Position must be given while the quote is still valid;
(c) c. the Quote must not contain a Manifest Error;
(d) d. when you offer to open a Position, the number of units in respect of which the Transaction is to be opened must be neither smaller than the minimum unit amount specified on the Trading Platform, as applicable, from time to time, nor greater than the amount permitted in accordance with the terms of this Agreement;
(e) e. when you offer to close part but not all of an open Position both the part of the Position that you offer to close and the part that would remain open if we accepted your offer must not be smaller than the minimum unit amount specified on the Trading Platform;
(f) f. Force Majeure Event must not have occurred when you offer to open or close a Transaction, which affect the execution of the Transaction;
(g) g. An Event of Default must not have occurred in respect of you;
(h) h. when you offer to open any Position, the opening must not result in your exceeding any Initial or Maintenance Margin amount, credit or other limit placed on your dealings;
(i) i. subject to paragraph 14.12 15.12 herein, your offer must be given to us during the Trading Hours for the applicable Underlying Asset in respect of which you offer to open or close the Position;
(j) j. the internet connection or communications are not disrupted;
(k) k. there is no request of regulatory or supervisory authorities of the relevant jurisdiction Cyprus or a court order to the contrarythecontrary;
(l) l. the legality or genuineness of the Order is under not under doubtunderdoubt;
(m) m. there are Normal Market Conditions; and
(n) n. any other reasonable factor that we, in our sole discretion, notify you from time to time.
14.1415.15. Use of any robots, spiders or other automated data entry system with the Trading Platform is expressly prohibited, unless you receive express written consent by the Company prior to activating the robot. All Transactions must be completed manually by you.
14.1515.16. The Company is under no obligation, unless otherwise agreed in the Agreement, to monitor or advise the Client on the status of any Transaction or to close out any Client’s Open Positions. When the Company decides to do so, this will be done on a discretionary basis and will not be considered an undertaking of an obligation to continue. It is the Client’s responsibility to be aware of his positions at all times.
15.17. If any Underlying Asset which is a security becomes subject to possible adjustments as a result of any of the events set out in section 15.18 (referred to as “Corporate Event”), the Company will determine the appropriate adjustment, if any, to be made to the opening/closing price, size, value and/or quantity of the corresponding Transaction (and also the level or size of the corresponding orders). This action is made in order to (i) account for the diluting or concentrating effect necessary to preserve the economic equivalent of the rights and obligations of the parties under that transaction immediately prior to that Corporate Event, and/or (ii) replicate the effect of the Corporate Event upon someone with an interest in the relevant Underlying Asset security, to be effective from the date determined by the Company.
15.18. The events to which paragraph 15.17 refers to are any of the following, by the declaration of the issuer of a security:
a. A subdivision, consolidation or reclassification of shares, a share buy-back or cancellation, or a free distribution of bonus shares to existing shareholders, capitalization or share split or reverse share split or similar event;
b. A distribution to existing holders of the shares or additional shares, other share capital or securities, granting the right to payment of dividends and/or proceeds from the liquidation of the issuer equally proportionate to such payments to holders of the underlying shares, securities, or warrants granting the right to receive or purchase shares for less than the current market price per share;
c. Any other event regarding shares analogous to any of the above events or otherwise having a diluting or concentrating effect on the market value of shares;
d. Any event analogous to any of the above events or otherwise having a diluting or concentrating effect on the market value of any security not based on shares; or
e. Any event that is caused by a merger offer made regarding the company of the underlying asset.
15.19. If any Underlying Asset which is a security becomes subject to a specific risk resulting in a predicted fall in value, the Company reserves the right to restrict short selling or even withdraw the specific Underlying Asset from the Trading Platform.
15.20. Determination of any adjustment or amendment to the opening/closing price, size, value and/or quantity of the Transaction (and/or level or size of any order) shall be at the Company’s sole discretion and shall be conclusive and binding upon the Client. The Company shall inform the Client of any adjustment or amendment via its internal mail as soon as is reasonably practicable.
15.21. In the case where the Client deliberately attempts to take advantage of any stock(s)/shares going ex-dividend, the Company reserves the right to apply a dividend adjustment in the form of commission without prior notice or consent. In the case of short positions, the dividend adjustment will be debited from the client’s account where dividend adjustments = Dividend declared x number of lots x contract size.
Appears in 1 contract
Samples: Client Agreement
GENERAL RULES OF TRADING. 14.113.1. Without prejudice to any other provisions herein and in particular paragraph 14.13 of this Agreementherein, once the Client places an Order on the Trading Platform, the Company arranges for the execution of the said Order with the Execution Venue according to the Summary of Best Interest and Order Execution Policy, found on the Company’s WebsiteOrder. It is understood that the Company executes the Client Orders in CFDs as an agenta principal against the Client, i.e. the Company executes Client’s orders in third party is the Execution Venue(s)Venue for the execution of the Client Orders.
14.213.2. You acknowledge and agree that each Transaction conducted on the Trading Platform, is comprised of first an offer by you to us to complete a Transaction (whether such offer is to open a Position or close an Open Position) at a certain price quoted on the Trading Platform, and our subsequent acceptance of your offer. An Offer will be deemed to have been completed only when your offer has been received and accepted by us. Our acceptance of an offer will be evidenced by our confirmation of its terms to you and its completion.
14.313.3. You may request to cancel or amend a Transaction at any time prior to our completing such a Transaction.
14.413.4. We reserve the right to void from the outset any Transaction containing or based on any Manifest Error. In the absence of our fraud or wilful willful default, we will not be liable to you for any loss, cost, claim, demand or expense following any Manifest Error.
14.513.5. You shall comply with any restrictions that we notify to you from time to time with respect to your activities on the Trading Platform, including without limitation, the size of Transactions or other conditions that may apply to our Quote. You acknowledge that we may offer to and impose on each Client, in our sole discretion, different terms and restrictions with respect to their use of the Trading Platform.
14.613.6. You acknowledge that the Trading Platform is independent of any Underlying Markets and we are under no obligation to quote a particular price or follow the trading rules consistent with such Underlying Markets. You further acknowledge that the triggering of your Order is linked to the prices quoted on the Trading Platform, with reference to market data. Prices provided by the Company are not linked to the prices quoted elsewhere on the relevant Underlying Markets and the Company does not guarantee that when executing an Order its price will be more favourable favorable than one which might be available elsewhere. In determining whether the prices quoted on the Trading Platform reach or exceed the price accepted by us in a Transaction, we will be entitled (but not obliged), in our absolute discretion, to disregard any prices quoted on our Platform during any pre-market, post-market or intra-day auction periods in the relevant Underlying Markets, during any intra-day or other period of suspension in the relevant Underlying Markets, or during any other period that in our reasonable opinion may give rise to short-term price spikes or other distortions. Our prices may differ from the current prices on the relevant Underlying Markets and you acknowledge that a Transaction may be triggered even though:
(a) an Underlying Market never traded at the level of your Transaction; or
(b) the Underlying Market did trade at the level of your Transaction but for such a short period that it would have been impractical to execute an equivalent transaction on the Underlying Markets.
14.713.7. When you place an Order on the Trading Platform, you agree that you are not dealing a recognised recognized exchange.
14.813.8. You undertake and agree not to use the prices quoted on the Trading Platform for any purpose other than for your own trading purpose, and you agree not to redistribute our prices to any other person whether such redistribution is for commercial or other purposes.
14.913.9. You acknowledge that each Transaction is made for a specified number of units that constitute the Underlying Asset. You may only complete Transactions on the Trading Platform for the minimum number of units as set forth on the Trading Platform as the "Unit Amount", and in multiples of such "Unit Amount" up until the maximum amount permitted by the Trading Platform. You acknowledge and agree that we may set, in our sole and absolute discretion, the "Unit Amount" for each Underlying Asset.
14.1013.10. Each Position opened by you, and any Transaction completed, will be binding on you notwithstanding that by opening the Position you may have exceeded any credit or other limit applicable to you or in respect of your dealings with usyou.
14.1113.11. You may request a Quote to open or close a Position for a particular Underlying Asset, at any time during the Trading Hours for such Underlying Asset. We will be under no obligation to but may, in our absolute discretion, provide a Quote and accept and act on your offer to open or close a Position for an Underlying Asset outside of the Trading Hours of such Underlying Asset. In some cases, Transactions may only be traded during the time when the relevant Underlying Market is open. Trading Hours are displayed on the Trading Platform under the details link for each specific Underlying Asset. It is your responsibility to ensure you are aware of which Underlying Asset may be affected.
14.1213.12. Without prejudice to any of our right hereunder, if, prior to the acceptance of your Order to open or close a Position, we become aware that any of the factors set out in paragraph 14.13 13.13 herein, has not been met, we reserve the right to reject your Order outright. If we have, nevertheless, already opened or closed a Position prior to becoming aware that a factor set out in paragraph 14.13 13.13 herein has not been met, we may in our discretion, either treat such a Transaction as void from the outset or close the Open Position at our then prevailing price. However, we may, in our absolute discretion, allow you to open or, as the case may be, close the Open Position in which case you will be bound by the opening or closure of such Position, notwithstanding that the factors in paragraph 14.13 13.13 herein were not satisfied.
14.1313.13. The factors referred to in paragraph 14.12 13.12 include the following:
(a) the quote must be obtained via the Trading Platform or by such other means as we may from time to time notify you;
(b) your offer to open or close the Position must be given while the quote is still valid;
(c) the Quote must not contain a Manifest Error;
(d) when you offer to open a Position, the number of units in respect of which the Transaction is to be opened must be neither smaller than the minimum unit amount specified on the Trading Platform, as applicable, from time to time, nor greater than the amount permitted in accordance with the terms of this Agreement;
(e) when you offer to close part but not all of an open Position both the part of the Position that you offer to close and the part that would remain open if we accepted your offer must not be smaller than the minimum unit amount specified on the Trading Platform;
(f) Force Majeure Event must not have occurred when you offer to open or close a Transaction, which affect the execution of the Transaction;
(g) An Event of Default must not have occurred in respect of you;
(h) when you offer to open any Position, the opening must not result in your exceeding any Initial or Maintenance Margin amount, credit or other limit placed on your dealings;
(i) subject to paragraph 14.12 13.12 herein, your offer must be given to us during the Trading Hours for the applicable Underlying Asset in respect of which you offer to open or close the Position;
(j) the internet connection or communications are not disrupted;
(k) there is no request of regulatory or supervisory authorities of the relevant jurisdiction Vanuatu or a court order to the contrary;
(l) the legality or genuineness of the Order is under not under doubt;
(m) there are Normal Market Conditionsnormal market conditions; and
(n) any other reasonable factor that we, in our sole discretion, notify you from time to time.
14.14. Use of any robots, spiders or other automated data entry system with the Trading Platform is expressly prohibited, unless you receive express written consent by the Company prior to activating the robot. All Transactions must be completed manually by you.
14.1513.14. The Company is under no obligation, unless otherwise agreed in between the AgreementClient and the Company, to monitor or advise the Client on the status of any Transaction or to close out any Client’s Open Positions. When the Company decides to do so, this will be done on a discretionary basis and will not be considered an undertaking of an obligation to continueTransaction. It is the Client’s responsibility to be aware of his positions at all times.
13.15. One or more of the Client’s trades may be affected by a corporate action type event (“Corporate Action”) the occurrence of which may have a dramatic effect on their trade(s) and/or on their trading account generally. A Corporate Action can include but is not limited to:
a) any rights, scrip, bonus, capitalization or other issue or offer of shares, warrants or options
b) any acquisition or cancellation of own shares by the issuer any reduction, subdivision, consolidation or reclassification of share capital
c) any distribution of cash or shares, including any payment of dividend
d) a take-over or merger offer
e) any amalgamation or reconstruction affecting the shares concerned The Company will undertake any actions that it considers reasonable and necessary to give effect to the Corporate Action as it relates to the Client’s CFD trade(s). The actions the Company may take upon the occurrence of a Corporate Action are as follows:
a) the Client’s trading account may be credited or debited with an amount due
b) the Client’s open trades and/or working Orders including any Take Profit or Stop Loss Orders may be adjusted, closed or cancelled to reflect the terms of the Corporate Action
c) one or more new trades may be opened on the Client’s trading account, as soon as practicable and as a result of the corporate event
d) the Company may increase the margin factor in relation to the affected trade(s)
e) the Company may restrict access to the trading account so that the Client is not able to close one or more of the affected trades until after the Corporate Action has passed. The Company recommends that before Clients open a trade with the Company they carry out their own research into whether the trade that they intend to open is liable to be the subject of a Corporate Action and if so the likely effect of that action on the trade that they wish to open. The Client is responsible to ensure that sufficient amount of funds, is placed in the client’s account in order to make any additional transactions in financial instruments pursuant to the corporate action. The Company is not obliged to take any action on the client’s behalf if there no sufficient funds in place to proceed with such an action.
Appears in 1 contract
Samples: Client Agreement
GENERAL RULES OF TRADING. 14.115.1. Without prejudice to any other provisions herein and in particular paragraph 14.13 15.13 of this Client Agreement, once the Client places an Order on the Trading Platform, the Company arranges for the execution of the said Order with the Execution Venue according to the Summary of Best Interest and Order Execution Policy, found on the Company’s Website. It is understood that the Company executes the Client Orders in CFDs as an agentagent and not as a principal to principal against the Client, i.e. the Company executes Client’s orders in third party is not the Execution Venue(s)Venue for the execution of the Client Orders.
14.215.2. You acknowledge and agree that each Transaction conducted on the Trading Platform, is comprised of first an offer by you to us to complete a Transaction (whether such offer is to open a Position or close an Open Position) at a certain price quoted on the Trading Platform, and our subsequent acceptance of your offer. An Offer will be deemed to have been completed only when your offer has been received and accepted by us. Our acceptance of an offer will be evidenced by our confirmation of its terms to you and its completion.
14.315.3. You may request to cancel or amend a Transaction at any time prior to our completing such a Transaction.
14.415.4. We reserve the right to void from the outset any Transaction containing or based on any Manifest Error. In the absence of our fraud or wilful willful default, we will not be liable to you for any loss, cost, claim, demand or expense following any Manifest Error.
14.515.5. You shall comply with any restrictions that we notify to you from time to time with respect to your activities on the Trading Platform, including without limitation, the size of Transactions or other conditions that may apply to our Quote. You acknowledge that we may offer to and impose on each Client, in our sole discretion, different terms and restrictions with respect to their use of the Trading Platform.
14.615.6. You acknowledge that the Trading Platform is independent of any Underlying Markets and we are under no obligation to quote a particular price or follow the trading rules consistent with such Underlying Markets. You further acknowledge that the triggering of Authorised and regulated by the Cyprus Securities and Exchange Commission under License number 343/17 your Order is linked to the prices quoted on the Trading Platform, with reference to market data. The Company may provide to the client only the relevant information which is available via the applicable Liquidity Provider and/or Price Feed Provider and/or Exchange. Prices provided by the Company are not linked to the prices quoted elsewhere on the relevant Underlying Markets and the Company does not guarantee that when executing an Order its price will be more favourable favorable than one which might be available elsewhere. In determining whether the prices quoted on the Trading Platform reach or exceed the price accepted by us in a Transaction, we will be entitled (but not obliged), in our absolute discretion, to disregard any prices quoted on our Platform during any pre-pre- market, post-market or intra-day auction periods in the relevant Underlying Markets, during any intra-day or other period of suspension in the relevant Underlying Markets, or during any other period that in our reasonable opinion may give rise to short-term price spikes or other distortions. Our prices may differ from the current prices on the relevant Underlying Markets and you acknowledge that a Transaction may be triggered even though:
(a) an Underlying Market never traded at the level of your Transaction; or
(b) the Underlying Market did trade at the level of your Transaction but for such a short period that it would have been impractical to execute an equivalent transaction on the Underlying Markets.
14.715.7. When you place an Order on the Trading Platform, you agree that you are not dealing a recognised recognized exchange.
14.815.8. You undertake and agree not to use the prices quoted on the Trading Platform for any purpose other than for your own trading purpose, and you agree not to redistribute our prices to any other person whether such redistribution is for commercial or other purposes.
14.915.9. You acknowledge that each Transaction is made for a specified number of units that constitute the Underlying Asset. You may only complete Transactions on the Trading Platform for the minimum number of units as set forth on the Trading Platform as the "Unit Amount", and in multiples of such "Unit Amount" up until the maximum amount permitted by the Trading Platform. You acknowledge and agree that we may set, in our sole and absolute discretion, the "Unit Amount" for each Underlying Asset.
14.1015.10. Each Position opened by you, and any Transaction completed, will be binding on you notwithstanding that by opening the Position you may have exceeded any credit or other limit applicable to you or in respect of your dealings with usyou.
14.1115.11. You may request a Quote to open or close a Position for a particular Underlying Asset, at any time during the Trading Hours for such Underlying Asset. We will be under no obligation to but may, in our absolute discretion, provide a Quote and accept and act on your offer to open or close a Position for an Underlying Asset outside of the Trading Hours of such Underlying Asset. In some cases, Transactions may only be traded during the time when the relevant Underlying Market is open. Trading Hours are displayed on the Trading Platform under the details link for each specific Underlying Asset. It is your responsibility to ensure you are aware of which Underlying Asset may be affected.
14.1215.12. Without prejudice to any of our right hereunder, if, prior to the acceptance of your Order to open or close a Position, we become aware that any of the factors set out in paragraph 14.13 15.13 herein, has not been met, we reserve the right to reject your Order outright. If we have, nevertheless, already opened or closed a Position prior to becoming aware that a factor set out in paragraph 14.13 15.13 herein has not been met, we may in our discretion, either treat such a Transaction as void from the outset or close the Open Position at our then prevailing price. However, we may, in our absolute discretion, allow you to open or, as the case may be, close the Open Position in which case you will be bound by the opening or closure of such Position, notwithstanding that the factors in paragraph 14.13 15.13 herein were not satisfied.
14.1315.13. The factors referred to in paragraph 14.12 15.12 include the following:
(a) the quote must be obtained via the Trading Platform or by such other means as we may from time to time notify you;
; Authorised and regulated by the Cyprus Securities and Exchange Commission under License number 343/17 (b) your offer to open or close the Position must be given while the quote is still valid;
(c) the Quote must not contain a Manifest Error;
(d) when you offer to open a Position, the number of units in respect of which the Transaction is to be opened must be neither smaller than the minimum unit amount specified on the Trading Platform, as applicable, from time to time, nor greater than the amount permitted in accordance with the terms of this Agreement;
(e) when you offer to close part but not all of an open Position both the part of the Position that you offer to close and the part that would remain open if we accepted your offer must not be smaller than the minimum unit amount specified on the Trading Platform;
(f) Force Majeure Event must not have occurred when you offer to open or close a Transaction, which affect the execution of the Transaction;
(g) An Event of Default must not have occurred in respect of you;
(h) when you offer to open any Position, the opening must not result in your exceeding any Initial or Maintenance Margin amount, credit or other limit placed on your dealings;
(i) subject to paragraph 14.12 herein, your offer must be given to us during the Trading Hours for the applicable Underlying Asset in respect of which you offer to open or close the Position;
(j) the internet connection or communications are not disrupted;
(k) there is no request of regulatory or supervisory authorities of the relevant jurisdiction or a court order to the contrary;
(l) the legality or genuineness of the Order is under not under doubt;
(m) there are Normal Market Conditions; and
(n) any other reasonable factor that we, in our sole discretion, notify you from time to time.
14.14. Use of any robots, spiders or other automated data entry system with the Trading Platform is expressly prohibited, unless you receive express written consent by the Company prior to activating the robot. All Transactions must be completed manually by you.
14.15. The Company is under no obligation, unless otherwise agreed in the Agreement, to monitor or advise the Client on the status of any Transaction or to close out any Client’s Open Positions. When the Company decides to do so, this will be done on a discretionary basis and will not be considered an undertaking of an obligation to continue. It is the Client’s responsibility to be aware of his positions at all times.
Appears in 1 contract
Samples: Client Agreement
GENERAL RULES OF TRADING. 14.115.1. Without prejudice to any other provisions herein and in particular paragraph 14.13 15.13 of this Client Agreement, once the Client places an Order on the Trading Platform, the Company arranges for the execution of the said Order with the Execution Venue according to the Summary of Best Interest Interests and Order Execution Policy, found on the Company’s Website. It is understood that the Company executes the Client Orders in CFDs as an agent, i.e. the Company executes Client’s orders in third third-party Execution Venue(s).
14.215.2. You acknowledge and agree that each Transaction conducted on the Trading Platform, is comprised of first an offer by you to us to complete a Transaction (whether such offer is to open a Position or close an Open Position) at a certain price quoted on the Trading Platform, and our subsequent acceptance of your offer. An Offer will be deemed to have been completed only when your offer has been received and accepted by us. Our acceptance of an offer will be evidenced by our confirmation of its terms to you and its completion.
14.315.3. You may request to cancel or amend a Transaction at any time prior to our completing such a Transaction.
14.415.4. We reserve the right to void from the outset any Transaction containing or based on any Manifest Error. In the absence of our fraud or wilful willful default, we will not be liable to you for any loss, cost, claim, demand or expense following any Manifest Error.
14.515.5. You shall comply with any restrictions that we notify to you from time to time with respect to your activities on the Trading Platform, including without limitation, the size of Transactions or other conditions that may apply to our Quote. You acknowledge that we may offer to and impose on each Client, in our sole discretion, different terms and restrictions with respect to their use of the Trading Platform.
14.615.6. You acknowledge that the Trading Platform is independent of any Underlying Markets and we are under no obligation to quote a particular price or follow the trading rules consistent with such Underlying Markets. You further acknowledge that the triggering of your Order is linked to the prices quoted on the Trading Platform, not the prices quoted elsewhere on the relevant Underlying Markets and the Company does not guarantee that when executing an Order its price will be more favourable than one which might be available elsewhere. In determining whether the prices quoted on the Trading Platform reach or exceed the price accepted by us in a Transaction, we will be entitled (but not obliged), in our absolute discretion, to disregard any prices quoted on our Platform during any pre-market, post-market or intra-day auction periods in the relevant Underlying Markets, during any intra-day or other period of suspension in the relevant Underlying Markets, or during any other period that in our reasonable opinion may give rise to short-term price spikes or other distortions. Our prices may differ from the current prices on the relevant Underlying Markets and you acknowledge that a Transaction may be triggered even though:
(a) an Underlying Market never traded at the level of your Transaction; or
(b) the Underlying Market did trade at the level of your Transaction but for such a short period that it would have been impractical to execute an equivalent transaction on the Underlying Markets.
14.715.7. When you place an Order on the Trading Platform, you agree that you are not dealing a recognised recognized exchange.
14.815.8. You undertake and agree not to use the prices quoted on the Trading Platform for any purpose other than for your own trading purpose, and you agree not to redistribute our prices to any other person whether such redistribution is for commercial or other purposes.
14.915.9. You acknowledge that each Transaction is made for a specified number of units that constitute the Underlying Asset. You may only complete Transactions on the Trading Platform for the minimum number of units as set forth on the Trading Platform as the "Unit Amount", and in multiples of such "Unit Amount" up until the maximum amount permitted by the Trading Platform. You acknowledge and agree that we may set, in our sole and absolute discretion, the "Unit Amount" for each Underlying Asset.
14.1015.10. Each Position opened by you, and any Transaction completed, will be binding on you notwithstanding that by opening the Position you may have exceeded any credit or other limit applicable to you or in respect of your dealings with us.
14.1115.11. You may request a Quote to open or close a Position for a particular Underlying Asset, at any time during the Trading Hours for such Underlying Asset. We will be under no obligation to but may, in our absolute discretion, provide a Quote and accept and act on your offer to open or close a Position for an Underlying Asset outside of the Trading Hours of such Underlying Asset. In some cases, Transactions may only be traded during the time when the relevant Underlying Market is open. Trading Hours are displayed on the Trading Platform under the details link for each specific Underlying Asset. It is your responsibility to ensure you are aware of which Underlying Asset may be affected.
14.1215.12. Without prejudice to any of our right hereunder, if, prior to the acceptance of your Order to open or close a Position, we become aware that any of the factors set out in paragraph 14.13 15.13 herein, has not been met, we reserve the right to reject your Order outright. If we have, nevertheless, already opened or closed a Position prior to becoming aware that a factor set out in paragraph 14.13 15.13 herein has not been met, we may in our discretion, either treat such a Transaction as void from the outset or close the Open Position at our then prevailing price. However, we may, in our absolute discretion, allow you to open or, as the case may be, close the Open Position in which case you will be bound by the opening or closure of such Position, notwithstanding that the factors in paragraph 14.13 15.13 herein were not satisfied.
14.1315.13. The factors referred to in paragraph 14.12 15.12 include the following:
(a) the quote must be obtained via the Trading Platform or by such other means as we may from time to time notify you;
(b) your offer to open or close the Position must be given while the quote is still valid;
(c) the Quote must not contain a Manifest Error;
(d) when you offer to open a Position, the number of units in respect of which the Transaction is to be opened must be neither smaller than the minimum unit amount specified on the Trading Platform, as applicable, from time to time, nor greater than the amount permitted in accordance with the terms of this Agreement;
(e) when you offer to close part but not all of an open Position both the part of the Position that you offer to close and the part that would remain open if we accepted your offer must not be smaller than the minimum unit amount specified on the Trading Platform;
(f) Force Majeure Event must not have occurred when you offer to open or close a Transaction, which affect the execution of the Transaction;
(g) An Event of Default must not have occurred in respect of you;
(h) when you offer to open any Position, the opening must not result in your exceeding any Initial or Maintenance Margin amount, credit or other limit placed on your dealings;
(i) subject to paragraph 14.12 15.12 herein, your offer must be given to us during the Trading Hours for the applicable Underlying Asset in respect of which you offer to open or close the Position;
(j) the internet connection or communications are not disrupted;
(k) there is no request of regulatory or supervisory authorities of the relevant jurisdiction Cyprus or a court order to the contrary;
(l) the legality or genuineness of the Order is under not under doubt;
(m) there are Normal Market Conditions; and
(n) any other reasonable factor that we, in our sole discretion, notify you from time to time.
14.1415.14. Use of any robots, spiders or other automated data entry system with the Trading Platform is expressly prohibited, unless you receive express written consent by the Company prior to activating the robot. All Transactions must be completed manually by you.
14.1515.15. The Company is under no obligation, unless otherwise agreed in the Agreement, to monitor or advise the Client on the status of any Transaction or to close out any Client’s Open Positions. When the Company decides to do so, this will be done on a discretionary basis and will not be considered an undertaking of an obligation to continue. It is the Client’s responsibility to be aware of his positions at all times.
Appears in 1 contract
Samples: Client Agreement
GENERAL RULES OF TRADING. 14.115.1. Without prejudice to any other provisions herein and in particular paragraph 14.13 15.14 of this Client Agreement, once the Client places an Order on the Trading Platform, the Company arranges for the execution of the said Order with the Execution Venue according to the Summary of Best Interest and Order Execution Policy, found on the Company’s Website. It is understood that the Company executes does not execute the Client Orders in CFDs as an agenta principal to principal against the Client, i.e. the Company executes Client’s orders is not itself the Execution Venue (as defined in third party Execution Venue(s)Commission Directive 2006/73/EC implementing MiFID) for the execution of the Client Orders.
14.215.2. You acknowledge and agree that each Transaction conducted on the Trading Platform, is comprised of first an offer by you to us to complete a Transaction (whether such offer is to open a Position or close an Open Position) at a certain price quoted on the Trading Platform, and our subsequent acceptance of your offer. An Offer will be deemed to have been completed only when your offer has been received and accepted by us. Our acceptance of an offer will be evidenced by our confirmation of its terms to you and its completion.
14.315.3. You may request to cancel or amend a Transaction at any time prior to our completing such a Transaction.
14.415.4. We reserve the right to void from the outset any Transaction containing or based on any Manifest Error. In the absence of our fraud or wilful willful default, we will not be liable to you for youfor any loss, cost, claim, demand or expense following any Manifest Error.
14.515.5. You acknowledge that all of our prices and Quotes shown on the Trading Platform are the ones provided by the Company’s Execution Venue. The Execution Venue obtains prices (BID and ASK prices) of the Underlying Asset for a given CFD from third party reputable external reference sources (i.e. price feeders). The Execution Venue then uses these prices to calculate their own tradable prices for a given CFD and provide them to the Company.
15.6. You shall comply with any restrictions that we notify to you from time to time with respect to your activities on the Trading Platform, including without limitation, the size of Transactions or other conditions that may apply to our Quote. You acknowledge that we may offer to and impose on each Client, in our sole discretion, different terms and restrictions with respect to their use of the Trading Platform.
14.615.7. You acknowledge that the Trading Platform is independent of any Underlying Markets and we are under no obligation to quote a particular price or follow the trading rules consistent with such Underlying Markets. You further acknowledge that the triggering of your Order is linked to the prices quoted on the Trading Platform, not the prices quoted elsewhere on the relevant Underlying Markets and the Company does not guarantee that when executing an Order its price will be more favourable than one which might be available elsewhere. In determining whether the prices quoted on the Trading Platform reach or exceed the price accepted by us in a Transaction, we will be entitled (but not obliged), in our absolute discretion, to disregard any prices quoted on our Platform during any pre-market, post-market or intra-day auction periods in the relevant Underlying Markets, during any intra-day or other period of suspension in the relevant Underlying Markets, or during any other period that in our reasonable opinion may give rise to short-term price spikes or other distortions. Our prices may differ from the current prices on the relevant Underlying Markets and you acknowledge that a Transaction may be triggered even though:
(a) a. an Underlying Market never traded at the level of your Transaction; or
(b) b. the Underlying Market did trade at the level of your Transaction but for such a short period that it would have been impractical to execute an equivalent transaction on the Underlying Markets.
14.715.8. When you place an Order on the Trading Platform, you agree that you are not dealing a recognised exchangerecognizedexchange.
14.815.9. You undertake and agree not to use the prices quoted on the Trading Platform for any purpose other than for your own trading purpose, and you agree not to redistribute our prices to any other person whether such redistribution is for commercial or other purposes.
14.915.10. You acknowledge that each Transaction is made for a specified number of units that constitute the Underlying Asset. You may only complete Transactions on the Trading Platform for the minimum number minimumnumber of units as set forth on the Trading Platform as the "Unit Amount", and in multiples of such "Unit Amount" up until the maximum amount permitted by the Trading Platform. You acknowledge and agree that we may set, in our sole and absolute discretion, the "Unit Amount" for each Underlying Asset.
14.1015.11. Each Position opened by you, and any Transaction completed, will be binding on you notwithstanding that by opening the Position you may have exceeded any credit or other limit applicable to you or in respect of your dealings with us. It is noted however that the Company applies a Negative Balance Protection Policy pursuant to which, you may not lose more than the amount deposited on the Platform. In the event that a Position is closed at such price causing your equity to fall below zero, the Company shall waive its right to receive the balance from you.
14.1115.12. You may request a Quote to open or close a Position for a particular Underlying Asset, at any time during the Trading Hours for such Underlying Asset. We will be under no obligation to but may, in our absolute discretion, provide a Quote and accept and act on your offer to open or close a Position for an Underlying Asset outside of the Trading Hours of such Underlying Asset. In some cases, Transactions may only be traded during the time when the relevant Underlying Market is open. Trading Hours are displayed on the Trading Platform under the details link for each specific Underlying Asset. It is your responsibility to ensure you are aware of which Underlying Asset may be affected.
14.1215.13. Without prejudice to any of our right hereunder, if, prior to the acceptance of your Order to open or close a Position, we become aware that any of the factors set out in paragraph 14.13 herein, has 15.14 herein have not been met, we reserve the right to reject your Order outright. If we have, nevertheless, already opened or closed a Position prior to becoming aware that a factor set out in paragraph 14.13 15.14 herein has not been met, we may may, in our discretion, either treat such a Transaction as void from the outset or close the Open Position at our then prevailing price. However, we may, in our absolute discretion, allow you to open or, as the case may be, close the Open Position in which case you will be bound by the opening or closure of such Position, notwithstanding that the factors in paragraph 14.13 15.14 herein were not satisfiednotsatisfied.
14.1315.14. The factors referred to in paragraph 14.12 15.13 include the following:
(a) a. the quote must be obtained via the Trading Platform or by such other means as we may from time to time notify you;
(b) b. your offer to open or close the Position must be given while the quote is still valid;
(c) c. the Quote must not contain a Manifest Error;
(d) d. when you offer to open a Position, the number of units in respect of which the Transaction is to be opened must be neither smaller than the minimum unit amount specified on the Trading Platform, as applicable, from time to time, nor greater than the amount permitted in accordance with the terms of this Agreement;
(e) e. when you offer to close part but not all of an open Position both the part of the Position that you offer to close and the part that would remain open if we accepted your offer must not be smaller than the minimum unit amount specified on the Trading Platform;
(f) f. Force Majeure Event must not have occurred when you offer to open or close a Transaction, which affect the execution of the Transaction;
(g) g. An Event of Default must not have occurred in respect of you;
(h) h. when you offer to open any Position, the opening must not result in your exceeding any Initial or Maintenance Margin amount, credit or other limit placed on your dealings;
(i) i. subject to paragraph 14.12 15.12 herein, your offer must be given to us during the Trading Hours for the applicable Underlying Asset in respect of which you offer to open or close the Position;
(j) j. the internet connection or communications are not disrupted;
(k) k. there is no request of regulatory or supervisory authorities of the relevant jurisdiction Greece or a court order to the contrarythecontrary;
(l) l. the legality or genuineness of the Order is under not under doubtunderdoubt;
(m) m. there are Normal Market Conditions; and
(n) n. any other reasonable factor that we, in our sole discretion, notify you from time to time.
14.1415.15. Use of any robots, spiders or other automated data entry system with the Trading Platform is expressly prohibited, unless you receive express written consent by the Company prior to activating the robot. All Transactions must be completed manually by you.
14.1515.16. The Company is under no obligation, unless otherwise agreed in the Agreement, to monitor or advise the Client on the status of any Transaction or to close out any Client’s Open Positions. When the Company decides to do so, this will be done on a discretionary basis and will not be considered an undertaking of an obligation to continue. It is the Client’s responsibility to be aware of his positions at all times.
15.17. If any Underlying Asset which is a security becomes subject to possible adjustments as a result of any of the events set out in section 15.18 (referred to as “Corporate Event”), the Company will determine the appropriate adjustment, if any, to be made to the opening/closing price, size, value and/or quantity of the corresponding Transaction (and also the level or size of the corresponding orders). This action is made in order to (i) account for the diluting or concentrating effect necessary to preserve the economic equivalent of the rights and obligations of the parties under that transaction immediately prior to that Corporate Event, and/or (ii) replicate the effect of the Corporate Event upon someone with an interest in the relevant Underlying Asset security, to be effective from the date determined by the Company.
15.18. The events to which paragraph 15.17 refers to are any of the following, by the declaration of the issuer of asecurity:
a. A subdivision, consolidation or reclassification of shares, a share buy-back or cancellation, or a free distribution of bonus shares to existing shareholders, capitalization or share split or reverse share split or similar event;
b. A distribution to existing holders of the shares or additional shares, other share capital or securities, granting the right to payment of dividends and/or proceeds from the liquidation of the issuer equally proportionate to such payments to holders of the underlying shares, securities, or warrants granting the right to receive or purchase shares for less than the current market price per share;
c. Any other event regarding shares analogous to any of the above events or otherwise having a diluting or concentrating effect on the market value of shares;
d. Any event analogous to any of the above events or otherwise having a diluting or concentrating effect on the market value of any security not based on shares; or
e. Any event that is caused by a merger offer made regarding the company of the underlying asset.
15.19. If any Underlying Asset which is a security becomes subject to a specific risk resulting in a predicted fall in value, the Company reserves the right to restrict short selling or even withdraw the specific Underlying Asset from the Trading Platform.
15.20. Determination of any adjustment or amendment to the opening/closing price, size, value and/or quantity of the Transaction (and/or level or size of any order) shall be at the Company’s sole discretion and shall be conclusive and binding upon the Client. The Company shall inform the Client of any adjustment or amendment via its internal mail as soon as is reasonably practicable.
15.21. In the case where the Client deliberately attempts to take advantage of any stock(s)/shares going ex-dividend, the Company reserves the right to apply a dividend adjustment in the form of commission without prior notice or consent. In the case of short positions, the dividend adjustment will be debited from the client’s account where dividend adjustments = Dividend declared x number of lots x contract size.
Appears in 1 contract
Samples: Client Agreement
GENERAL RULES OF TRADING. 14.115.1. Without prejudice to any other provisions herein and in particular paragraph 14.13 15.13 of this Client Agreement, once the Client places an Order on the Trading Platform, the Company arranges for the execution of the said Order with the Execution Venue according to the Summary of Best Interest and Order Execution Policy, found on the Company’s Website. It is understood that the Company executes may execute the Client Orders in CFDs as an agenta principal to principal against the Client, i.e. the Company executes Client’s orders is itself the Execution Venue (as defined in third party Execution Venue(s)Commission Directive 2006/73/EC implementing MiFID) for the execution of the Client Orders.
14.215.2. You acknowledge and agree that each Transaction conducted on the Trading Platform, is comprised of first an offer by you to us to complete a Transaction (whether such offer is to open a Position or close an Open Position) at a certain price quoted on the Trading Platform, and our subsequent acceptance of your offer. An Offer will be deemed to have been completed only when your offer has been received and accepted by us. Our acceptance of an offer will be evidenced by our confirmation of its terms to you and its completion.
14.315.3. You may request to cancel or amend a Transaction at any time prior to our completing such a Transaction.
14.4. 15.4. We reserve the right to void from the outset any Transaction containing or based on any Manifest Error. In the absence of our fraud or wilful willful default, we will not be liable to you for any loss, cost, claim, demand or expense following any Manifest Error.
14.515.5. You shall comply with any restrictions that we notify to you from time to time with respect to your activities on the Trading Platform, including without limitation, the size of Transactions or other conditions that may apply to our Quote. You acknowledge that we may offer to and impose on each Client, in our sole discretion, different terms and restrictions with respect to their use of the Trading Platform.
14.615.6. You acknowledge that the Trading Platform is independent of any Underlying Markets and we are under no obligation to quote a particular price or follow the trading rules consistent with such Underlying Markets. You further acknowledge that the triggering of your Order is linked to the prices quoted on the Trading Platform, not the prices quoted elsewhere on the relevant Underlying Markets and the Company does not guarantee that when executing an Order its price will be more favourable favorable than one which might be available elsewhere. In determining whether the prices quoted on the Trading Platform reach or exceed the price accepted by us in a Transaction, we will be entitled (but not obliged), in our absolute discretion, to disregard any prices quoted on our Platform during any pre-market, post-market or intra-day auction periods in the relevant Underlying Markets, during any intra-day or other period of suspension in the relevant Underlying Markets, or during any other period that in our reasonable opinion may give rise to short-term price spikes or other distortions. Our prices may differ from the current prices on the relevant Underlying Markets and you acknowledge that a Transaction may be triggered even though:
(a) an Underlying Market never traded at the level of your Transaction; or
(b) the Underlying Market did trade at the level of your Transaction but for such a short period that it would have been impractical to execute an equivalent transaction on the Underlying Markets.
14.715.7. When you place an Order on the Trading Platform, you agree that you are not dealing a recognised recognized exchange.
14.815.8. You undertake and agree not to use the prices quoted on the Trading Platform for any purpose other than for your own trading purpose, and you agree not to redistribute our prices to any other person whether such redistribution is for commercial or other purposes.
14.915.9. You acknowledge that each Transaction is made for a specified number of units that constitute the Underlying Asset. You may only complete Transactions on the Trading Platform for the minimum number of units as set forth on the Trading Platform as the "Unit Amount", and in multiples of such "Unit Amount" up until the maximum amount permitted by the Trading Platform. You acknowledge and agree that we may set, in our sole and absolute discretion, the "Unit Amount" for each Underlying Asset.
14.1015.10. Each Position opened by you, and any Transaction completed, will be binding on you notwithstanding that by opening the Position you may have exceeded any credit or other limit applicable to you or in respect of your dealings with us.
14.1115.11. You may request a Quote to open or close a Position for a particular Underlying Asset, at any time during the Trading Hours for such Underlying Asset. We will be under no obligation to but may, in our absolute discretion, provide a Quote and accept and act on your offer to open or close a Position for an Underlying Asset outside of the Trading Hours of such Underlying Asset. In some cases, Transactions may only be traded during the time when the relevant Underlying Market is open. Trading Hours are displayed on the Trading Platform under the details link for each specific Underlying Asset. It is your responsibility to ensure you are aware of which Underlying Asset may be affected.
14.1215.12. Without prejudice to any of our right hereunder, if, prior to the acceptance of your Order to open or close a Position, we become aware that any of the factors set out in paragraph 14.13 15.13 herein, has not been met, we reserve the right to reject your Order outright. If we have, nevertheless, already opened or closed a Position prior to becoming aware that a factor set out in paragraph 14.13 herein has not been met, we may in our discretion, either treat such a Transaction as void from the outset or close the Open Position at our then prevailing price. However, we may, in our absolute discretion, allow you to open or, as the case may be, close the Open Position in which case you will be bound by the opening or closure of such Position, notwithstanding that the factors in paragraph 14.13 herein were not satisfied.set
14.1315.13. The factors referred to in paragraph 14.12 15.12 include the following:
(a) the quote must be obtained via the Trading Platform or by such other means as we may from time to time notify you;
(b) your offer to open or close the Position must be given while the quote is still valid;
(c) the Quote must not contain a Manifest Error;
(d) when you offer to open a Position, the number of units in respect of which the Transaction is to be opened must be neither smaller than the minimum unit amount specified on the Trading Platform, as applicable, from time to time, nor greater than the amount permitted in accordance with the terms of this Agreement;
(e) when you offer to close part but not all of an open Position both the part of the Position that you offer to close and the part that would remain open if we accepted your offer must not be smaller than the minimum unit amount specified on the Trading Platform;
(f) Force Majeure Event must not have occurred when you offer to open or close a Transaction, which affect the execution of the Transaction;
(g) An Event of Default must not have occurred in respect of you;
(h) when you offer to open any Position, the opening must not result in your exceeding any Initial or Maintenance Margin amount, credit or other limit placed on your dealings;
(i) subject to paragraph 14.12 15.12 herein, your offer must be given to us during the Trading Hours for the applicable Underlying Asset in respect of which you offer to open or close the Position;
(j) the internet connection or communications are not disrupted;
(k) there is no request of regulatory or supervisory authorities of the relevant jurisdiction Cyprus or a court order to the contrary;
(l) the legality or genuineness of the Order is under not under doubt;
(m) there are Normal Market Conditions; and
(n) any other reasonable factor that we, in our sole discretion, notify you from time to time.
14.1415.14. Use of any robots, spiders or other automated data entry system with the Trading Platform is expressly prohibited, unless you receive express written consent by the Company prior to activating the robot. All Transactions must be completed manually by you.
14.1515.15. The Company is under no obligation, unless otherwise agreed in the Agreement, to monitor or advise the Client on the status of any Transaction or to close out any Client’s Open Positions. When the Company decides to do so, this will be done on a discretionary basis and will not be considered an undertaking of an obligation to continue. It is the Client’s responsibility to be aware of his positions at all times.
Appears in 1 contract
Samples: Clients’ Agreement
GENERAL RULES OF TRADING. 14.115.1. Without prejudice to any other provisions herein and in particular paragraph 14.13 of this 15.13 ofthis Client Agreement, once the Client places an Order on the Trading Platform, the Company arranges for the execution of the said Order with the Execution Venue according to the Summary of Best Interest and Order Execution Policy, found on the Company’s 's Website. It is understood that the Company executes does not execute the Client Orders in CFDs as an agent, i.e. a principal to principal against the Company executes Client’s orders in third party Execution Venue(s).
14.215.2. You acknowledge and agree that each Transaction conducted on the Trading Platform, is comprised of first offirst an offer by you to us to complete a Transaction (whether such offer Offer is to open a Position or close an Open Position) at a certain price Price quoted on the Trading Platform, and our subsequent acceptance of your offer. An Offer will Will be deemed to have been completed only when your offer Offer has been received and accepted by us. Our acceptance of an offer will Offer Will be evidenced by our confirmation of its terms to you and its completion.
14.315.3. You may request to cancel or amend a Transaction at any time prior to our completing such a Transaction.
14.415.4. We reserve the right to void from the outset any Transaction containing or based on any Manifest Error. In the absence of our fraud or wilful default, we will Will not be liable to you for any loss, cost, claim, demand or expense following any Manifest Error.
14.515.5. You shall comply with any restrictions that we notify to you You from time to time with respect to your activities on the Trading Platform, including without limitation, the size of Transactions ofTransactions or other conditions that may apply to our Quote. You acknowledge that we may offer Offer to and impose on each Client, in our sole discretion, different terms and restrictions with respect to their use of the ofthe Trading Platform.
14.615.6. You acknowledge that the Trading Platform is independent of any Underlying Markets and we are under no obligation to quote a particular price Price or follow the trading rules consistent with such Underlying Markets. You further acknowledge that the triggering of your Order is linked to the prices quoted on the Trading Platform, not the prices quoted elsewhere on the relevant Underlying Markets and the Company does not guarantee that when executing an Order its price will Price Will be more favourable favorable than one which might be available elsewhere. In determining whether the prices quoted on the Trading Platform reach or exceed the price Price accepted by us in a Transaction, we will Will be entitled (but not obliged), in our absolute discretion, to disregard any prices quoted on our Platform during any pre-marketpremarket, post-market postmarket or intra-day intraday auction periods in the relevant Underlying Markets, during any intra-day intraday or other period of suspension in the relevant Underlying Markets, or during any other period that in our reasonable opinion may give rise to short-term price Price spikes or other distortions. Our prices may differ difter from the current prices on the relevant Underlying Markets and you acknowledge that a Transaction may be triggered even though:
(a) an Underlying Market never traded at the level of your ofyour Transaction; or
(or b) the Underlying Market did trade at the level of your Transaction but for such a short period that it would have been impractical to execute an equivalent transaction on the Underlying Markets.
14.715.7. When you place an Order on the Trading Platform, you agree that you You are not dealing a recognised recognized exchange.
14.815.8. You undertake and agree not to use the prices quoted on the Trading Platform for any purpose other than for your own trading purpose, and you agree not to redistribute our prices to any other person whether such redistribution is for commercial or other purposes.
14.915.9. You acknowledge that each Transaction is made for a specified number of units that constitute the Underlying Asset. You may only complete Transactions on the Trading Platform for the minimum number of units as set forth on the Trading Platform as the "'Unit Amount", and in multiples of such "Unit Amount" up until the maximum amount permitted by the Trading Platform. You acknowledge and agree that we may set, in our sole and absolute discretion, the "Unit Amount" for each Underlying Asset.
14.1015.10. Each Position opened by you, and any Transaction completed, will Will be binding on you notwithstanding not withstanding that by opening the Position you may have exceeded any credit or other limit applicable to you or in respect of your dealings with us.
14.1115.11. You may request a Quote to open or close a Position for a particular Underlying Asset, at any time during the Trading Hours for such Underlying Asset. We will Will be under no obligation to but may, in our absolute discretion, provide a Quote and accept and act on your offer to open or close a Position for an Underlying Asset outside of the Trading Hours of such Underlying Asset. Asseta In some cases, Transactions may only be traded during the time when the relevant Underlying Market is open. Trading Hours are displayed on the Trading Platform under the details link for each specific Underlying Asset. It is your responsibility to ensure you are aware of which Underlying Asset may be affected.
14.1215.12. Without prejudice to any of our right hereunder, if, prior to the acceptance of your Order to open or close a Position, we become aware that any of the ofthe factors set out in paragraph 14.13 15.13 herein, has not been met, we reserve the right to reject your Order outright. If we have, nevertheless, already opened or closed a Position prior to becoming aware that a factor set out in paragraph 14.13 15.13 herein has not been met, we may in our discretion, either treat such a Transaction as void from the outset or close the Open Position at our then prevailing pricePrice. However, we may, in our absolute discretion, allow you to open or, as the case may be, close the Open Position in which case you will Will be bound by the bythe opening or closure of such Position, notwithstanding that the factors in paragraph 14.13 15.13 herein were not satisfied.
14.1315.13. The factors referred to in paragraph 14.12 15.12 include the following:
(a) the quote must be obtained via the Trading Platform or by such other means as we may from time to time notify you;
(b) your offer Offer to open or close the Position must be given while the quote is still valid;
(c) the Quote must not contain a Manifest Error;
(d) when you offer to offerto open a Position, the number of units in respect of which ofwhich the Transaction Trans- action is to be opened must be neither smaller than the minimum unit amount specified spec'fied on the Trading Platform, as applicable, from time to time, nor greater than the amount permitted in accordance with the terms of this Agreement;
(e) when you offer Offer to close part but not all of an open Position both the part of the Position that you You offer to close and the part that would remain open if we ifwe accepted your offer Offer must not be smaller than the minimum unit amount specified on the Trading Platform;
(; f) Force Majeure Event must not have occurred when you offer Offer to open or close a Transaction, which affect the execution of the Transaction;
(g) An Event of Default must not have occurred in respect of you;
(h) when you offer to open any Position, the opening must not result in your exceeding any Initial or Maintenance Margin amount, credit or other limit placed on your dealings;
(i) subject to paragraph 14.12 herein, your offer must be given to us during the Trading Hours for the applicable Underlying Asset in respect of which you offer to open or close the Position;
(j) the internet connection or communications are not disrupted;
(k) there is no request of regulatory or supervisory authorities of the relevant jurisdiction or a court order to the contrary;
(l) the legality or genuineness of the Order is under not under doubt;
(m) there are Normal Market Conditions; and
(n) any other reasonable factor that we, in our sole discretion, notify you from time to time.
14.14. Use of any robots, spiders or other automated data entry system with the Trading Platform is expressly prohibited, unless you receive express written consent by the Company prior to activating the robot. All Transactions must be completed manually by you.
14.15. The Company is under no obligation, unless otherwise agreed in the Agreement, to monitor or advise the Client on the status of any Transaction or to close out any Client’s Open Positions. When the Company decides to do so, this will be done on a discretionary basis and will not be considered an undertaking of an obligation to continue. It is the Client’s responsibility to be aware of his positions at all times.
Appears in 1 contract
Samples: Client Agreement
GENERAL RULES OF TRADING. 14.115.1. Without prejudice to any other provisions herein and in particular paragraph 14.13 15.13 of this Client Agreement, once the Client places an Order on the Trading Platform, the Company arranges for the execution of the said Order with the Execution Venue according to the Summary of Best Interest and Order Execution Policy, found on the Company’s Website. It is understood that the Company executes the Client Orders in CFDs as an agent, i.e. the Company executes Client’s orders in third party Execution Venue(s).
14.215.2. You acknowledge and agree that each Transaction conducted on the Trading Platform, is comprised of first an offer by you to us to complete a Transaction (whether such offer is to open a Position or close an Open Position) at a certain price quoted on the Trading Platform, and our subsequent acceptance of your offer. An Offer will be deemed to have been completed only when your offer has been received and accepted by us. Our acceptance of an offer will be evidenced by our confirmation of its terms to you and its completion.
14.315.3. You may request to cancel or amend a Transaction at any time prior to our completing such a Transaction.
14.415.4. We reserve the right to void from the outset any Transaction containing or based on any Manifest Error. In the absence of our fraud or wilful willful default, we will not be liable to you for any loss, cost, claim, demand or expense following any Manifest Error.
14.515.5. You shall comply with any restrictions that we notify to you from time to time with respect to your activities on the Trading Platform, including without limitation, the size of Transactions or other conditions that may apply to our Quote. You acknowledge that we may offer to and impose on each Client, in our sole discretion, different terms and restrictions with respect to their use of the Trading Platform.
14.615.6. You acknowledge that the Trading Platform is independent of any Underlying Markets and we are under no obligation to quote a particular price or follow the trading rules consistent with such Underlying Markets. You further acknowledge that the triggering of your Order is linked to the prices quoted on the Trading Platform, not the prices quoted elsewhere on the relevant Underlying Markets and the Company does not guarantee that when executing an Order its price will be more favourable than one which might be available elsewhere. In determining whether the prices quoted on the Trading Platform reach or exceed the price accepted by us in a Transaction, we will be entitled (but not obliged), in our absolute discretion, to disregard any prices quoted on our Platform during any pre-market, post-market or intra-day auction periods in the relevant Underlying Markets, during any intra-day or other period of suspension in the relevant Underlying Markets, or during any other period that in our reasonable opinion may give rise to short-term price spikes or other distortions. Our prices may differ from the current prices on the relevant Underlying Markets and you acknowledge that a Transaction may be triggered even though:
(a) a. an Underlying Market never traded at the level of your Transaction; or
(b) b. the Underlying Market did trade at the level of your Transaction but for such a short period that it would have been impractical to execute an equivalent transaction on the Underlying Markets.
14.715.7. When you place an Order on the Trading Platform, you agree that you are not dealing a recognised recognized exchange.
14.815.8. You undertake and agree not to use the prices quoted on the Trading Platform for any purpose other than for your own trading purpose, and you agree not to redistribute our prices to any other person whether such redistribution is for commercial or other purposes.
14.915.9. You acknowledge that each Transaction is made for a specified number of units that constitute the Underlying Asset. You may only complete Transactions on the Trading Platform for the minimum number of units as set forth on the Trading Platform as the "Unit Amount", and in multiples of such "Unit Amount" up until the maximum amount permitted by the Trading Platform. You acknowledge and agree that we may set, in our sole and absolute discretion, the "Unit Amount" for each Underlying Asset.
14.1015.10. Each Position opened by you, and any Transaction completed, will be binding on you notwithstanding that by opening the Position you may have exceeded any credit or other limit applicable to you or in respect of your dealings with us.
14.1115.11. You may request a Quote to open or close a Position for a particular Underlying Asset, at any time during the Trading Hours for such Underlying Asset. We will be under no obligation to but may, in our absolute discretion, provide a Quote and accept and act on your offer to open or close a Position for an Underlying Asset outside of the Trading Hours of such Underlying Asset. In some cases, Transactions may only be traded during the time when the relevant Underlying Market is open. Trading Hours are displayed on the Trading Platform under the details link for each specific Underlying Asset. It is your responsibility to ensure you are aware of which Underlying Asset may be affected.
14.1215.12. Without prejudice to any of our right hereunder, if, prior to the acceptance of your Order to open or close a Position, we become aware that any of the factors set out in paragraph 14.13 15.13 herein, has not been met, we reserve the right to reject your Order outright. If we have, nevertheless, already opened or closed a Position prior to becoming aware that a factor set out in paragraph 14.13 15.13 herein has not been met, we may in our discretion, either treat such a Transaction as void from the outset or close the Open Position at our then prevailing price. However, we may, in our absolute discretion, allow you to open or, as the case may be, close the Open Position in which case you will be bound by the opening or closure of such Position, notwithstanding that the factors in paragraph 14.13 15.13 herein were not satisfied.
14.1315.13. The factors referred to in paragraph 14.12 15.12 include the following:
(a) the quote must be obtained via the Trading Platform or by such other means as we may from time to time notify you;
(b) your offer to open or close the Position must be given while the quote is still valid;
(c) the Quote must not contain a Manifest Error;
(d) when you offer to open a Position, the number of units in respect of which the Transaction is to be opened must be neither smaller than the minimum unit amount specified on the Trading Platform, as applicable, from time to time, nor greater than the amount permitted in accordance with the terms of this Agreement;
(e) when you offer to close part but not all of an open Position both the part of the Position that you offer to close and the part that would remain open if we accepted your offer must not be smaller than the minimum unit amount specified on the Trading Platform;
(f) Force Majeure Event must not have occurred when you offer to open or close a Transaction, which affect the execution of the Transaction;
(g) An Event of Default must not have occurred in respect of you;
(h) when you offer to open any Position, the opening must not result in your exceeding any Initial or Maintenance Margin amount, credit or other limit placed on your dealings;
(i) subject to paragraph 14.12 15.12 herein, your offer must be given to us during the Trading Hours for the applicable Underlying Asset in respect of which you offer to open or close the Position;
(j) the internet connection or communications are not disrupted;
(k) there is no request of regulatory or supervisory authorities of the relevant jurisdiction Bahamas or a court order to the contrary;
(l) the legality or genuineness of the Order is under not under doubt;
(m) there are Normal Market Conditions; and
(n) any other reasonable factor that we, in our sole discretion, notify you from time to time.
14.1415.14. Use of any robots, spiders or other automated data entry system with the Trading Platform is expressly prohibited, unless you receive express written consent by the Company prior to activating the robot. All Transactions must be completed manually by you.
14.1515.15. The Company is under no obligation, unless otherwise agreed in the Agreement, to monitor or advise the Client on the status of any Transaction or to close out any Client’s Open Positions. When the Company decides to do so, this will be done on a discretionary basis and will not be considered an undertaking of an obligation to continue. It is the Client’s responsibility to be aware of his positions at all times.
Appears in 1 contract
Samples: Client Agreement
GENERAL RULES OF TRADING. 14.115.1. Without prejudice to any other provisions herein and in particular paragraph 14.13 15.13 of this Client Agreement, once the Client places an Order on the Trading Platform, the Company arranges for the execution of the said Order with the Execution Venue according to the Summary of Best Interest and Order Execution Policy, found on the Company’s Website. It is understood that the Company executes the Client Orders in CFDs as an agenta principal to principal against the Client, i.e. the Company executes Client’s orders in third party is the Execution Venue(s)Venue for the execution of the Client Orders.
14.215.2. You acknowledge and agree that each Transaction conducted on the Trading Platform, is comprised of first an offer by you to us to complete a Transaction (whether such offer is to open a Position or close an Open Position) at a certain price quoted on the Trading Platform, and our subsequent acceptance of your offer. An Offer will be deemed to have been completed only when your offer has been received and accepted by us. Our acceptance of an offer will be evidenced by our confirmation of its terms to you and its completion.
14.315.3. You may request to cancel or amend a Transaction at any time prior to our completing such a Transaction.
14.415.4. We reserve the right to void from the outset any Transaction containing or based on any Manifest Error. In the absence of our fraud or wilful willful default, we will not be liable to you for any loss, cost, claim, demand or expense following any Manifest Error.
14.515.5. You shall comply with any restrictions that we notify to you from time to time with respect to your activities on the Trading Platform, including without limitation, the size of Transactions or other conditions that may apply to our Quote. You acknowledge that we may offer to and impose on each Client, in our sole discretion, different terms and restrictions with respect to their use of the Trading Platform.
14.615.6. You acknowledge that the Trading Platform is independent of any Underlying Markets and we are under no obligation to quote a particular price or follow the trading rules consistent with such Underlying Markets. You further acknowledge that the triggering of your Order is linked to the prices quoted on the Trading Platform, with reference to market data. The Company may provide to the client only the relevant information which is available via the applicable Liquidity Provider and/or Price Feed Provider and/or Exchange. Prices provided by the Company are not linked to the prices quoted elsewhere on the relevant Underlying Markets and the Company does not guarantee that when executing an Order its price will be more favourable favorable than one which might be available elsewhere. In determining whether the prices quoted on the Trading Platform reach or exceed the price accepted by us in a Transaction, we will be entitled (but not obliged), in our absolute discretion, to disregard any prices quoted on our Platform during any pre-pre- market, post-market or intra-day auction periods in the relevant Underlying Markets, during any intra-day or other period of suspension in the relevant Underlying Markets, or during any other period that in our reasonable opinion may give rise to short-term price spikes or other distortions. Our prices may differ from the current prices on the relevant Underlying Markets and you acknowledge that a Transaction may be triggered even though:
(a) an Underlying Market never traded at the level of your Transaction; or
(b) the Underlying Market did trade at the level of your Transaction but for such a short period that it would have been impractical to execute an equivalent transaction on the Underlying Markets.
14.715.7. When you place an Order on the Trading Platform, you agree that you are not dealing a recognised recognized exchange.
14.815.8. You undertake and agree not to use the prices quoted on the Trading Platform for any purpose other than for your own trading purpose, and you agree not to redistribute our prices to any other person whether such redistribution is for commercial or other purposes.
14.915.9. You acknowledge that each Transaction is made for a specified number of units that constitute the Underlying Asset. You may only complete Transactions on the Trading Platform for the minimum number of units as set forth on the Trading Platform as the "Unit Amount", and in multiples of such "Unit Amount" up until the maximum amount permitted by the Trading Platform. You acknowledge and agree that we may set, in our sole and absolute discretion, the "Unit Amount" for each Underlying Asset.
14.1015.10. Each Position opened by you, and any Transaction completed, will be binding on you notwithstanding that by opening the Position you may have exceeded any credit or other limit applicable to you or in respect of your dealings with usyou.
14.1115.11. You may request a Quote to open or close a Position for a particular Underlying Asset, at any time during the Trading Hours for such Underlying Asset. We will be under no obligation to but may, in our absolute discretion, provide a Quote and accept and act on your offer to open or close a Position for an Underlying Asset outside of the Trading Hours of such Underlying Asset. In some cases, Transactions may only be traded during the time when the relevant Underlying Market is open. Trading Hours are displayed on the Trading Platform under the details link for each specific Underlying Asset. It is your responsibility to ensure you are aware of which Underlying Asset may be affected.
14.1215.12. Without prejudice to any of our right hereunder, if, prior to the acceptance of your Order to open or close a Position, we become aware that any of the factors set out in paragraph 14.13 herein, has not been met, we reserve the right to reject your Order outright. If we have, nevertheless, already opened or closed a Position prior to becoming aware that a factor set out in paragraph 14.13 herein has not been met, we may in our discretion, either treat such a Transaction as void from the outset or close the Open Position at our then prevailing price. However, we may, in our absolute discretion, allow you to open or, as the case may be, close the Open Position in which case you will be bound by the opening or closure of such Position, notwithstanding that the factors in paragraph 14.13 herein were not satisfied.
14.13. The factors referred to in paragraph 14.12 include the following:
(a) the quote must be obtained via the Trading Platform or by such other means as we may from time to time notify you;
(b) your offer to open or close the Position must be given while the quote is still valid;
(c) the Quote must not contain a Manifest Error;
(d) when you offer to open a Position, the number of units in respect of which the Transaction is to be opened must be neither smaller than the minimum unit amount specified on the Trading Platform, as applicable, from time to time, nor greater than the amount permitted in accordance with the terms of this Agreement;
(e) when you offer to close part but not all of an open Position both the part of the Position that you offer to close and the part that would remain open if we accepted your offer must not be smaller than the minimum unit amount specified on the Trading Platform;
(f) Force Majeure Event must not have occurred when you offer to open or close a Transaction, which affect the execution of the Transaction;
(g) An Event of Default must not have occurred in respect of you;
(h) when you offer to open any Position, the opening must not result in your exceeding any Initial or Maintenance Margin amount, credit or other limit placed on your dealings;
(i) subject to paragraph 14.12 herein, your offer must be given to us during the Trading Hours for the applicable Underlying Asset in respect of which you offer to open or close the Position;
(j) the internet connection or communications are not disrupted;
(k) there is no request of regulatory or supervisory authorities of the relevant jurisdiction or a court order to the contrary;
(l) the legality or genuineness of the Order is under not under doubt;
(m) there are Normal Market Conditions; and
(n) any other reasonable factor that we, in our sole discretion, notify you from time to time.
14.14. Use of any robots, spiders or other automated data entry system with the Trading Platform is expressly prohibited, unless you receive express written consent by the Company prior to activating the robot. All Transactions must be completed manually by you.
14.15. The Company is under no obligation, unless otherwise agreed in the Agreement, to monitor or advise the Client on the status of any Transaction or to close out any Client’s Open Positions. When the Company decides to do so, this will be done on a discretionary basis and will not be considered an undertaking of an obligation to continue. It is the Client’s responsibility to be aware of his positions at all times.paragraph
Appears in 1 contract
Samples: Client Agreement
GENERAL RULES OF TRADING. 14.113.1. Without prejudice to any other provisions herein and in particular paragraph 14.13 13.13 of this Client Agreement, once the Client places an Order on the Trading Platform, the Company arranges for the execution of the said Order with the Execution Venue according to the Summary of Best Interest and Order Execution Policy, found on the Company’s Website. It is understood that the Company executes the Client Orders in CFDs as an agent, i.e. the Company executes Client’s orders in third party Execution Venue(s)Order.
14.213.2. You acknowledge and agree that each Transaction conducted on the Trading Platform, is comprised of first an offer by you to us to complete a Transaction (whether such offer is to open a Position or close an Open Position) at a certain price quoted on the Trading Platform, and our subsequent acceptance of your offer. An Offer will be deemed to have been completed only when your offer has been received and accepted by us. Our acceptance of an offer will be evidenced by our confirmation of its terms to you and its completion.
14.313.3. You may request to cancel or amend a Transaction at any time prior to our completing such a Transaction.
14.413.4. We reserve the right to void from the outset any Transaction containing or based on any Manifest Error. In the absence of our fraud or wilful willful default, we will not be liable to you for any loss, cost, claim, demand or expense following any Manifest Error.
14.513.5. You shall comply with any restrictions that we notify to you from time to time with respect to your activities on the Trading Platform, including without limitation, the size of Transactions or other conditions that may apply to our Quote. You acknowledge that we may offer to and impose on each Client, in our sole discretion, different terms and restrictions with respect to their use of the Trading Platform.
14.613.6. You acknowledge that the Trading Platform is independent of any Underlying Markets and we are under no obligation to quote a particular price or follow the trading rules consistent with such Underlying Markets. You further acknowledge that the triggering of your Order is linked to the prices quoted on the Trading Platform, not the prices quoted elsewhere on the relevant Underlying Markets and the Company does not guarantee that when executing an Order its price will be more favourable favorable than one which might be available elsewhere. In determining whether the prices quoted on the Trading Platform reach or exceed the price accepted by us in a Transaction, we will be entitled (but not obliged), in our absolute discretion, to disregard any prices quoted on our Platform during any pre-market, post-market or intra-day auction periods in the relevant Underlying Markets, during any intra-day or other period of suspension in the relevant Underlying Markets, or during any other period that in our reasonable opinion may give rise to short-term price spikes or other distortions. Our prices may differ from the current prices on the relevant Underlying Markets and you acknowledge that a Transaction may be triggered even though:
(a) an Underlying Market never traded at the level of your Transaction; or
(b) the Underlying Market did trade at the level of your Transaction but for such a short period that it would have been impractical to execute an equivalent transaction on the Underlying Markets.
14.713.7. When you place an Order on the Trading Platform, you agree that you are not dealing a recognised recognized exchange.
14.813.8. You undertake and agree not to use the prices quoted on the Trading Platform for any purpose other than for your own trading purpose, and you agree not to redistribute our prices to any other person whether such redistribution is for commercial or other purposes.
14.913.9. You acknowledge that each Transaction is made for a specified number of units that constitute the Underlying Asset. You may only complete Transactions on the Trading Platform for the minimum number of units as set forth on the Trading Platform as the "Unit Amount", and in multiples of such "Unit Amount" up until the maximum amount permitted by the Trading Platform. You acknowledge and agree that we may set, in our sole and absolute discretion, the "Unit Amount" for each Underlying Asset.
14.1013.10. Each Position opened by you, and any Transaction completed, will be binding on you notwithstanding that by opening the Position you may have exceeded any credit or other limit applicable to you or in respect of your dealings with us.
14.1113.11. You may request a Quote to open or close a Position for a particular Underlying Asset, at any time during the Trading Hours for such Underlying Asset. We will be under no obligation to but may, in our absolute discretion, provide a Quote and accept and act on your offer to open or close a Position for an Underlying Asset outside of the Trading Hours of such Underlying Asset. In some cases, Transactions may only be traded during the time when the relevant Underlying Market is open. Trading Hours are displayed on the Trading Platform under the details link for each specific Underlying Asset. It is your responsibility to ensure you are aware of which Underlying Asset may be affected.
14.1213.12. Without prejudice to any of our right hereunder, if, prior to the acceptance of your Order to open or close a Position, we become aware that any of the factors set out in paragraph 14.13 herein13.13 herein- below, has not been met, we reserve the right to reject your Order outright. If we have, nevertheless, already opened or closed a Position prior to becoming aware that a factor set out in paragraph 14.13 herein has not been met, we may in our discretion, either treat such a Transaction as void from the outset or close the Open Position at our then prevailing price. However, we may, in our absolute discretion, allow you to open or, as the case may be, close the Open Position in which case you will be bound by the opening or closure of such Position, notwithstanding that the factors in paragraph 14.13 herein were not satisfied.
14.13. The factors referred to in paragraph 14.12 include the following:
(a) the quote must be obtained via the Trading Platform or by such other means as we may from time to time notify you;
(b) your offer to open or close the Position must be given while the quote is still valid;
(c) the Quote must not contain a Manifest Error;
(d) when you offer to open a Position, the number of units in respect of which the Transaction is to be opened must be neither smaller than the minimum unit amount specified on the Trading Platform, as applicable, from time to time, nor greater than the amount permitted in accordance with the terms of this Agreement;
(e) when you offer to close part but not all of an open Position both the part of the Position that you offer to close and the part that would remain open if we accepted your offer must not be smaller than the minimum unit amount specified on the Trading Platform;
(f) Force Majeure Event must not have occurred when you offer to open or close a Transaction, which affect the execution of the Transaction;
(g) An Event of Default must not have occurred in respect of you;
(h) when you offer to open any Position, the opening must not result in your exceeding any Initial or Maintenance Margin amount, credit or other limit placed on your dealings;
(i) subject to paragraph 14.12 herein, your offer must be given to us during the Trading Hours for the applicable Underlying Asset in respect of which you offer to open or close the Position;
(j) the internet connection or communications are not disrupted;
(k) there is no request of regulatory or supervisory authorities of the relevant jurisdiction or a court order to the contrary;
(l) the legality or genuineness of the Order is under not under doubt;
(m) there are Normal Market Conditions; and
(n) any other reasonable factor that we, in our sole discretion, notify you from time to time.
14.14. Use of any robots, spiders or other automated data entry system with the Trading Platform is expressly prohibited, unless you receive express written consent by the Company prior to activating the robot. All Transactions must be completed manually by you.
14.15. The Company is under no obligation, unless otherwise agreed in the Agreement, to monitor or advise the Client on the status of any Transaction or to close out any Client’s Open Positions. When the Company decides to do so, this will be done on a discretionary basis and will not be considered an undertaking of an obligation to continue. It is the Client’s responsibility to be aware of his positions at all times.paragraph
Appears in 1 contract
Samples: Client Agreement
GENERAL RULES OF TRADING. 14.18.1. Without prejudice to any other provisions herein and in particular paragraph 14.13 of this Agreement, once All Orders placed by the Client places an Order on the Trading Platform, shall be transmitted for execution to another party (Liquidity Provider) hence the Company arranges for shall not be executing your Orders as counterparty in the execution of the said Order with the Execution Venue according to the Summary of Best Interest and Order Execution Policy, found on the Company’s Website. It is understood that the Company executes the Client Orders in CFDs as an agent, i.e. the Company executes Client’s orders in third party Execution Venue(s)Transaction against you.
14.28.2. You acknowledge and agree that each Transaction conducted on the Trading Platform, including the placing of an Order, is comprised of first first, an offer by you to us to complete a Transaction (whether such offer is to open a Position Transaction or close an Open Positionopen Transaction) at a certain price quoted on the Trading Platform, and our subsequent acceptance of your offer. An Offer A Transaction will be deemed to have been completed only when your offer has been received and accepted by us. Our acceptance of an offer will be evidenced by our confirmation of its terms to you and its completion.
14.38.3. We will be under no obligation to, but may in our absolute discretion, provide quotes for, or accept, execute or cancel, all or any part of a Transaction that you have requested through the Trading Platform without giving any reason. You may request to cancel or amend a Transaction at any time prior to our completing such a Transaction. We shall be entitled, but not obliged, to accept such a request in our sole discretion.
14.48.4. We reserve the right to void from the outset any Transaction containing or based on any Manifest Error. In the absence of our fraud or wilful default, we will not be liable to you for any loss, cost, claim, demand or expense following any Manifest Error.
14.58.5. You acknowledge that all prices and quotes shown on the Trading Platform are indicative only of actual trading prices in normal market size and are subject to constant change. The Company provides quotes by taking into account the Underlying Asset price, but this does not mean that these quotes are within any specific percentage of the Underlying Asset price. When the relevant Underlying Market is closed, the quotes provided by the Company will reflect what the Company thinks to be the current Bid and Ask price of the relevant Underlying Asset at that time.
8.6. You shall comply with any restrictions that we notify to you from time to time with respect to your activities on the Trading Platform, including without limitation, the size of Transactions or other conditions that may apply to our Quotequote. You acknowledge that we may offer to and impose on each Clientuser, in our sole discretion, different terms and restrictions with respect to their use of the Trading Platform.
14.68.7. You acknowledge that the Trading Platform is independent of any Underlying Markets and we are under no obligation to quote a particular price or follow the trading rules consistent with such Underlying Markets. You further acknowledge that the triggering of your Order Transaction is linked to the prices quoted we quote on the Trading Platform, not the prices quoted elsewhere on the relevant Underlying Markets and the Company does not guarantee that when executing an Order its price will be more favourable than one which might be available elsewhereMarkets. In determining whether the prices quoted on the Trading Platform reach or exceed the price accepted by us in a Transaction, we will be entitled (but not obliged), in our absolute discretion, to disregard any prices quoted on our Platform by us during any pre-pre- market, post-market or intra-day auction periods in the relevant Underlying Markets, during any intra-day or other period of suspension in the relevant Underlying Markets, or during any other period that in our reasonable opinion may give rise to short-short- term price spikes or other distortions. Our prices may differ from the current prices on the relevant Underlying Markets and you acknowledge that a Transaction may be triggered even though:
(a) an An Underlying Market never traded at the level of your Transaction; or
(b) the The Underlying Market did trade at the level of your Transaction but for such a short period that it would have been impractical to execute an equivalent transaction on the Underlying Markets.
14.78.8. When you place an Order complete a Transaction on the Trading Platform, you agree that you are not dealing on a recognised recognized exchange.
14.88.9. You acknowledge that any prices quoted on the Trading Platform are set by the Liquidity Provider in its reasonable discretion, taking into account a variety of factors including prevailing market conditions and trading demand on the Trading Platform. You undertake and agree not to use the prices quoted on the Trading Platform for any purpose other than for your own trading purpose, and you agree not to redistribute our prices to any other person whether such redistribution is for commercial or other purposes.
14.98.10. You acknowledge that each Transaction is made for a specified number of units that constitute the Underlying Asset. You may only complete Transactions on the Trading Platform for the minimum number of units as set forth on the Trading Platform as the "“Unit Amount"”, and in multiples of such "“Unit Amount" ” up until the maximum amount permitted by the Trading Platform. You acknowledge and agree that we may set, in our sole and absolute discretion, the "“Unit Amount" ” for each Underlying Asset.
14.108.11. Each Position Transaction opened by you, and any Transaction completed, will be binding on you notwithstanding that by opening the Position Transaction you may have exceeded any credit or other limit applicable to you or in respect of your dealings with us.
14.118.12. You Subject to Paragraph 8.15 you may request a Quote quote to open or close a Position Transaction for a particular Underlying Asset, at any time during the Trading Hours for such Underlying Asset. We will be under no obligation to but may, in our absolute discretion, provide a Quote quote and accept and act on your offer to open or close a Position Transaction for an Underlying Asset outside of the Trading Hours of such Underlying Asset. In some cases, cases Transactions may only be traded during the time when the relevant Underlying Market where the Underlying Asset traded is open. Trading Hours are displayed on the Trading Platform under the details link for each specific Underlying Asset. It is your responsibility to ensure you are aware of which Underlying Asset may be affected.
14.128.13. Without prejudice to any of our right hereunder, if, prior to the acceptance of your Order offer to open or close a PositionTransaction, we become aware that any of the factors set out in paragraph 14.13 herein, has Paragraph 8.14 have not been met, we reserve the right to reject your Order offer outright. If we have, nevertheless, already opened or closed a Position Transaction prior to becoming aware that a factor set out in paragraph 14.13 herein Paragraph 8.14 has not been met, we may may, in our absolute discretion, either treat such a Transaction as void from the outset or close the Open Position it at our then prevailing price. However, we may, in our absolute discretion, allow you to open or, as the case may be, close the Open Position Transaction in which case you will be bound by the opening or closure of such PositionTransaction, notwithstanding that the factors in paragraph 14.13 herein Paragraph 8.14 were not satisfied.
14.138.14. The factors referred to in paragraph 14.12 Paragraph 8.13 include the following:
(a) the quote must be obtained via the Trading Platform or by such other means as we may from time to time notify you;
(b) your offer to open or close the Position Transaction must be given while the quote is still valid;
(c) the Quote quote must not contain a Manifest Error;
(d) when you offer to open a PositionTransaction, the number of units in respect of which the Transaction is to be opened must be neither smaller than the minimum unit amount specified on the Trading PlatformPlatform for the Instrument, as applicable, from time to time, nor greater than the amount permitted in accordance with the terms of this Agreement;
(e) when you offer to close part but not all of an open Position Transaction both the part of the Position Transaction that you offer to close and the part that would remain open if we accepted your offer must not be smaller than the minimum unit amount specified on the Trading Platform;
(f) Force Majeure Event must not have occurred when you offer to open or close a Transaction, which affect the execution of the Transaction;
(g) An an Event of Default must not have occurred in respect of you;,
(h) when you offer to open any PositionTransaction, the opening of the Transaction must not result in your exceeding any Initial initial or Maintenance Margin maintenance margin amount, credit or other limit placed on your dealings;
(i) subject to paragraph 14.12 hereinParagraph 8.12, your offer must be given to us during the Trading Hours for the applicable Underlying Asset in respect of which you offer to open or close the PositionTransaction;
(j) the internet connection or communications are not disrupted;
(k) there is no request of regulatory or supervisory authorities of the relevant jurisdiction Seychelles or a court order to the contrary;
(l) the legality or genuineness of the Order is under not under doubt;
(m) there are Normal Market Conditions; and
(n) any other reasonable factor that we, in our sole discretion, notify you from time to time.
14.148.15. If, before your offer to open or close a Transaction is accepted by us, our quote moves to your advantage (for example, if the price goes down as you buy or the price goes up as you sell) you agree that we can (but do not have to) pass such price improvement on to you. The effect of such action being that the level at which you offer to open or close a Transaction will, upon acceptance by us, be altered to the more favorable price. You acknowledge that it is in your best interests for us to alter the level of your offer in the manner contemplated in this Paragraph and you agree that any offer altered in accordance with this Paragraph, once accepted by us, results in a fully binding agreement between us. Without derogating from the foregoing, you acknowledge that it is within our complete discretion as to when we will pass on a price improvement to you. You should also note that we will only pass on a price improvement within allowable limits.
8.16. Use of any robots, spiders or other automated data entry system with the Trading Platform is expressly prohibited, unless you receive express written consent by the Company prior to activating the robot. All Transactions must be completed manually by you. Any Transaction completed through such use of an automatic data entry system shall be null and void. Upon a breach of this Paragraph 8.16, we may immediately close all or any of your accounts held with us of whatever nature, terminate the Client Agreement(s) without notice and refuse to enter into further Transactions with you. Furthermore, any monies held in your Trading Account shall be frozen and we shall be entitled to deduct any amounts from your Trading Account in order to set off any loss, damages or expenses incurred as a result of a breach of this Paragraph. Any remaining monies in your Trading Account will be returned to you in accordance to this Client Agreement.
14.158.17. The Company is under no obligation, unless otherwise agreed in the Agreement, to monitor or advise the Client on the status of any Transaction or to close out any Client’s Open Positions. When the Company decides to do so, this will be done on a discretionary basis and will not be considered an undertaking of an obligation to continue. It is the Client’s responsibility to be aware of his positions at all times.
Appears in 1 contract
Samples: Client Agreement
GENERAL RULES OF TRADING. 14.18.1. Without prejudice to any other provisions herein and in particular paragraph 14.13 of this Agreement, once All Orders placed by the Client places an Order on the Trading Platform, shall be transmitted for execution to another party (Liquidity Provider) hence the Company arranges for shall not be executing your Orders as counterparty in the execution of the said Order with the Execution Venue according to the Summary of Best Interest and Order Execution Policy, found on the Company’s Website. It is understood that the Company executes the Client Orders in CFDs as an agent, i.e. the Company executes Client’s orders in third party Execution Venue(s)Transaction against you.
14.28.2. You acknowledge and agree that each Transaction conducted on the Trading Platform, including the placing of an Order, is comprised of first first, an offer by you to us to complete a Transaction (whether such offer is to open a Position Transaction or close an Open Positionopen Transaction) at a certain price quoted on the Trading Platform, and our subsequent acceptance of your offer. An Offer A Transaction will be deemed to have been completed only when your offer has been received and accepted by us. Our acceptance of an offer will be evidenced by our confirmation of its terms to you and its completion.
14.38.3. We will be under no obligation to, but may in our absolute discretion, provide quotes for, or accept, execute or cancel, all or any part of a Transaction that you have requested through the Trading Platform without giving any reason. You may request to cancel or amend a Transaction at any time prior to our completing such a Transaction. We shall be entitled, but not obliged, to accept such a request in our sole discretion.
14.48.4. We reserve the right to void from the outset any Transaction containing or based on any Manifest Error. In the absence of our fraud or wilful willful default, we will not be liable to you for any loss, cost, claim, demand or expense following any Manifest Error.
14.58.5. You acknowledge that all prices and quotes shown on the Trading Platform are indicative only of actual trading prices in Normal Market Size and are subject to constant change. The Company provides quotes by taking into account the Underlying Asset price, but this does not mean that these quotes are within any specific percentage of the Underlying Asset price. When the relevant Underlying Market is closed, the quotes provided by the Company will reflect what the Company thinks to be the current Bid and Ask price of the relevant Underlying Asset at that time.
8.6. You shall comply with any restrictions that we notify to you from time to time with respect to your activities on the Trading Platform, including without limitation, the size of Transactions or other conditions that may apply to our Quotequote. You acknowledge that we may offer to and impose on each Clientuser, in our sole discretion, different terms and restrictions with respect to their use of the Trading Platform.
14.68.7. You acknowledge that the Trading Platform is independent of any Underlying Markets and we are under no obligation to quote a particular price or follow the trading rules consistent with such Underlying Markets. You further acknowledge that the triggering of your Order Transaction is linked to the prices quoted we quote on the Trading Platform, not the prices quoted elsewhere on the relevant Underlying Markets and the Company does not guarantee that when executing an Order its price will be more favourable than one which might be available elsewhereMarkets. In determining whether the prices quoted on the Trading Platform reach or exceed the price accepted by us in a Transaction, we will be entitled (but not obliged), in our absolute discretion, to disregard any prices quoted on our Platform by us during any pre-market, post-post- market or intra-day auction periods in the relevant Underlying Markets, during any intra-day intraday or other period of suspension in the relevant Underlying Markets, or during any other period that in our reasonable opinion may give rise to short-short- term price spikes or other distortions. Our prices may differ from the current prices on the relevant Underlying Markets and you acknowledge that a Transaction may be triggered even though:
(a) an An Underlying Market never traded at the level of your Transaction; or
(b) the The Underlying Market did trade at the level of your Transaction but for such a short period that it would have been impractical to execute an equivalent transaction on the Underlying Markets.
14.78.8. When you place an Order complete a Transaction on the Trading Platform, you agree that you are not dealing a recognised recognized exchange.
14.88.9. You acknowledge that any prices quoted on the Trading Platform are set by the Liquidity Provider in its reasonable discretion, taking into account a variety of factors including prevailing market conditions and trading demand on the Trading Platform. You undertake and agree not to use the prices quoted on the Trading Platform for any purpose other than for your own trading purpose, and you agree not to redistribute our prices to any other person whether such redistribution is for commercial or other purposes.
14.98.10. You acknowledge that each Transaction is made for a specified number of units that constitute the Underlying Asset. You may only complete Transactions on the Trading Platform for the minimum number of units as set forth on the Trading Platform as the "“Unit Amount"”, and in multiples of such "“Unit Amount" ” up until the maximum amount permitted by the Trading Platform. You acknowledge and agree that we may set, in our sole and absolute discretion, the "“Unit Amount" ” for each Underlying Asset.
14.108.11. Each Position Transaction opened by you, and any Transaction completed, will be binding on you notwithstanding that by opening the Position Transaction you may have exceeded any credit or other limit applicable to you or in respect of your dealings with us.
14.118.12. You Subject to Paragraph 8.15 you may request a Quote quote to open or close a Position Transaction for a particular Underlying Asset, at any time during the Trading Hours for such Underlying Asset. We will be under no obligation to but may, in our absolute discretion, provide a Quote quote and accept and act on your offer to open or close a Position Transaction for an Underlying Asset outside of the Trading Hours of such Underlying Asset. In some cases, cases Transactions may only be traded during the time when the relevant Underlying Market where the Underlying Asset traded is open. Trading Hours are displayed on the Trading Platform under the details link for each specific Underlying Asset. It is your responsibility to ensure you are aware of which Underlying Asset may be affected.
14.128.13. Without prejudice to any of our right hereunder, if, prior to the acceptance of your Order offer to open or close a PositionTransaction, we become aware that any of the factors set out in paragraph 14.13 herein, has Paragraph 8.14 have not been met, we reserve the right to reject your Order offer outright. If we have, nevertheless, already opened or closed a Position Transaction prior to becoming aware that a factor set out in paragraph 14.13 herein Paragraph 8.14 has not been met, we may may, in our absolute discretion, either treat such a Transaction as void from the outset or close the Open Position it at our then prevailing price. However, we may, in our absolute discretion, allow you to open or, as the case may be, close the Open Position Transaction in which case you will be bound by the opening or closure of such PositionTransaction, notwithstanding that the factors in paragraph 14.13 herein Paragraph 8.14 were not satisfied.
14.138.14. The factors referred to in paragraph 14.12 Paragraph 8.13 include the following:
(a) the quote must be obtained via the Trading Platform or by such other means as we may from time to time notify you;
(b) your offer to open or close the Position Transaction must be given while the quote is still valid;
(c) the Quote quote must not contain a Manifest Error;
(d) when you offer to open a PositionTransaction, the number of units in respect of which the Transaction is to be opened must be neither smaller than the minimum unit amount specified on the Trading PlatformPlatform for the Instrument, as applicable, from time to time, nor greater than the amount permitted in accordance with the terms of this Agreement;
(e) when you offer to close part but not all of an open Position Transaction both the part of the Position Transaction that you offer to close and the part that would remain open if we accepted your offer must not be smaller than the minimum unit amount specified on the Trading Platform;
(f) Force Majeure Event must not have occurred when you offer to open or close a Transaction, which affect the execution of the Transaction;
(g) An an Event of Default must not have occurred in respect of you;
(h) when you offer to open any PositionTransaction, the opening of the Transaction must not result in your exceeding any Initial initial or Maintenance Margin maintenance margin amount, credit or other limit placed on your dealings;
(i) subject to paragraph 14.12 hereinParagraph 8.12, your offer must be given to us during the Trading Hours for the applicable Underlying Asset in respect of which you offer to open or close the PositionTransaction;
(j) the internet connection or communications are not disrupted;
(k) there is no request of regulatory or supervisory authorities of the relevant jurisdiction Mauritius or a court order to the contrary;
(l) the legality or genuineness of the Order is under not under doubt;
(m) there are Normal Market Conditions; and
(n) any other reasonable factor that we, in our sole discretion, notify you from time to time.
14.148.15. Use If, before your offer to open or close a Transaction is accepted by us, our quote moves to your advantage (for example, if the price goes down as you buy or the price goes up as you sell) you agree that we can (but do not have to) pass such price improvement on to you. The effect of such action being that the level at which you offer to open or close a Transaction will, upon acceptance by us, be altered to the more favorable price. You acknowledge that it is in your best interests for us to alter the level of your offer in the manner contemplated in this Paragraph and you agree that any robotsoffer altered in accordance with this Paragraph, spiders or other automated data entry system with once accepted by us, results in a fully binding agreement between us. Without derogating from the Trading Platform foregoing, you acknowledge that it is expressly prohibited, unless you receive express written consent by the Company prior within our complete discretion as to activating the robotwhen we will pass on a price improvement to you. All Transactions must be completed manually by youYou should also note that we will only pass on a price improvement within allowable limits.
14.158.16. The Company is under no obligation, unless otherwise agreed in the Agreement, to monitor or advise the Client on the status of any Transaction or to close out any Client’s Open Positions. When the Company decides to do so, this will be done on a discretionary basis and will not be considered an undertaking of an obligation to continue. It is the Client’s responsibility to be aware of his positions at all times.
Appears in 1 contract
Samples: Client Agreement
GENERAL RULES OF TRADING. 14.115.1. Without prejudice to any other provisions herein and in particular paragraph 14.13 15.14 of this Client Agreement, once the Client places an Order on the Trading Platform, the Company arranges for the execution of the said Order with the Execution Venue according to the Summary of Best Interest and Order Execution Policy, found on the Company’s Website. It is understood that the Company executes does not execute the Client Orders in CFDs as an agenta principal to principal against the Client, i.e. the Company executes Client’s orders is not itself the Execution Venue (as defined in third party Execution Venue(s)Commission Directive 2006/73/EC implementing MiFID) for the execution of the Client Orders.
14.215.2. You acknowledge and agree that each Transaction conducted on the Trading Platform, is comprised of first an offer by you to us to complete a Transaction (whether such offer is to open a Position or close an Open Position) at a certain price quoted on the Trading Platform, and our subsequent acceptance of your offer. An Offer will be deemed to have been completed only when your offer has been received and accepted by us. Our acceptance of an offer will be evidenced by our confirmation of its terms to you and its completion.
14.315.3. You may request to cancel or amend a Transaction at any time prior to our completing such a Transaction.
14.415.4. We reserve the right to void from the outset any Transaction containing or based on any Manifest Error. In the absence of our fraud or wilful default, we will not be liable to you for any loss, cost, claim, demand or expense following any Manifest Error.
14.515.5. You acknowledge that all of our prices and Quotes shown on the Trading Platform are the ones provided by the Company’s Execution Venue. The Execution Venue obtains prices (BID and ASK prices) of the Underlying Asset for a given CFD from third party reputable external reference sources (i.e. price feeders). The Execution Venue then uses these prices to calculate their own tradable prices for a given CFD and provide them to the Company.
15.6. You shall comply with any restrictions that we notify to you from time to time with respect to your activities on the Trading Platform, including without limitation, the size of Transactions or other conditions that may apply to our Quote. You acknowledge that we may offer to and impose on each Client, in our sole discretion, different terms and restrictions with respect to their use of the Trading Platform.
14.615.7. You acknowledge that the Trading Platform is independent of any Underlying Markets and we are under no obligation to quote a particular price or follow the trading rules consistent with such Underlying Markets. You further acknowledge that the triggering of your Order is linked to the prices quoted on the Trading Platform, not the prices quoted elsewhere on the relevant Underlying Markets and the Company does not guarantee that when executing an Order its price will be more favourable than one which might be available elsewhere. In determining whether the prices quoted on the Trading Platform reach or exceed the price accepted by us in a Transaction, we will be entitled (but not obliged), in our absolute discretion, to disregard any prices quoted on our Platform during any pre-market, post-market or intra-day auction periods in the relevant Underlying Markets, during any intra-day or other period of suspension in the relevant Underlying Markets, or during any other period that in our reasonable opinion may give rise to short-term price spikes or other distortions. Our prices may differ from the current prices on the relevant Underlying Markets and you acknowledge that a Transaction may be triggered even though:
(a) a. an Underlying Market never traded at the level of your Transaction; or
(b) b. the Underlying Market did trade at the level of your Transaction but for such a short period that it would have been impractical to execute an equivalent transaction on the Underlying Markets.
14.715.8. When you place an Order on the Trading Platform, you agree that you are not dealing a recognised recognized exchange.
14.815.9. You undertake and agree not to use the prices quoted on the Trading Platform for any purpose other than for your own trading purpose, and you agree not to redistribute our prices to any other person whether such redistribution is for commercial or other purposes.
14.915.10. You acknowledge that each Transaction is made for a specified number of units that constitute the Underlying Asset. You may only complete Transactions on the Trading Platform for the minimum number of units as set forth on the Trading Platform as the "Unit Amount", and in multiples of such "Unit Amount" up until the maximum amount permitted by the Trading Platform. You acknowledge and agree that we may set, in our sole and absolute discretion, the "Unit Amount" for each Underlying Asset.
14.1015.11. Each Position opened by you, and any Transaction completed, will be binding on you notwithstanding that by opening the Position you may have exceeded any credit or other limit applicable to you or in respect of your dealings with us. It is noted however that the Company applies a Negative Balance Protection Policy pursuant to which, you may not lose more than the amount deposited on the Platform. In the event that a Position is closed at such price causing your equity to fall below zero, the Company shall waive its right to receive the balance from you.
14.1115.12. You may request a Quote to open or close a Position for a particular Underlying Asset, at any time during the Trading Hours for such Underlying Asset. We will be under no obligation to but may, in our absolute discretion, provide a Quote and accept and act on your offer to open or close a Position for an Underlying Asset outside of the Trading Hours of such Underlying Asset. In some cases, Transactions may only be traded during the time when the relevant Underlying Market is open. Trading Hours are displayed on the Trading Platform under the details link for each specific Underlying Asset. It is your responsibility to ensure you are aware of which Underlying Asset may be affected.
14.1215.13. Without prejudice to any of our right hereunder, if, prior to the acceptance of your Order to open or close a Position, we become aware that any of the factors set out in paragraph 14.13 herein, has 15.14 herein have not been met, we reserve the right to reject your Order outright. If we have, nevertheless, already opened or closed a Position prior to becoming aware that a factor set out in paragraph 14.13 15.14 herein has not been met, we may ,e in our discretion, either treat such a Transaction as void from the outset or close the Open Position at our then prevailing price. However, we may, in our absolute discretion, allow you to open or, as the case may be, close the Open Position in which case you will be bound by the opening or closure of such Position, notwithstanding that the factors in paragraph 14.13 15.14 herein were not satisfied.
14.1315.14. The factors referred to in paragraph 14.12 15.13 include the following:
(a) a. the quote must be obtained via the Trading Platform or by such other means as we may from time to time notify you;
(b) b. your offer to open or close the Position must be given while the quote is still valid;
(c) c. the Quote must not contain a Manifest Error;
(d) d. when you offer to open a Position, the number of units in respect of which the Transaction is to be opened must be neither smaller than the minimum unit amount specified on the Trading Platform, as applicable, from time to time, nor greater than the amount permitted in accordance with the terms of this Agreement;
(e) e. when you offer to close part but not all of an open Position both the part of the Position that you offer to close and the part that would remain open if we accepted your offer must not be smaller than the minimum unit amount specified on the Trading Platform;
(f) f. Force Majeure Event must not have occurred when you offer to open or close a Transaction, which affect the execution of the Transaction;
(g) g. An Event of Default must not have occurred in respect of you;
(h) h. when you offer to open any Position, the opening must not result in your exceeding any Initial or Maintenance Margin amount, credit or other limit placed on your dealings;
(i) i. subject to paragraph 14.12 15.12 herein, your offer must be given to us during the Trading Hours for the applicable Underlying Asset in respect of which you offer to open or close the Position;
(j) j. the internet connection or communications are not disrupted;
(k) k. there is no request of regulatory or supervisory authorities of the relevant jurisdiction Cyprus or a court order to the contrary;
(l) l. the legality or genuineness of the Order is under not under doubt;
(m) ; m. there are Normal Market Conditions; and
(n) any other reasonable factor that we, in our sole discretion, notify you from time to time.
14.14. Use of any robots, spiders or other automated data entry system with the Trading Platform is expressly prohibited, unless you receive express written consent by the Company prior to activating the robot. All Transactions must be completed manually by you.
14.15. The Company is under no obligation, unless otherwise agreed in the Agreement, to monitor or advise the Client on the status of any Transaction or to close out any Client’s Open Positions. When the Company decides to do so, this will be done on a discretionary basis and will not be considered an undertaking of an obligation to continue. It is the Client’s responsibility to be aware of his positions at all times.
Appears in 1 contract
Samples: Client Agreement
GENERAL RULES OF TRADING. 14.18.1. Without prejudice to any other provisions herein and in particular paragraph 14.13 of this Agreement, once All Orders placed by the Client places an Order on the Trading Platform, shall be transmitted for execution to another party (Liquidity Provider) hence the Company arranges for shall not be executing your Orders as counterparty in the execution of the said Order with the Execution Venue according to the Summary of Best Interest and Order Execution Policy, found on the Company’s Website. It is understood that the Company executes the Client Orders in CFDs as an agent, i.e. the Company executes Client’s orders in third party Execution Venue(s)Transaction against you.
14.28.2. You acknowledge and agree that each Transaction conducted on the Trading Platform, including the placing of an Order, is comprised of first first, an offer by you to us to complete a Transaction (whether such offer is to open a Position Transaction or close an Open Positionopen Transaction) at a certain price quoted on the Trading Platform, and our subsequent acceptance of your offer. An Offer A Transaction will be deemed to have been completed only when your offer has been received and accepted by us. Our acceptance of an offer will be evidenced by our confirmation of its terms to you and its completion.
14.38.3. We will be under no obligation to, but may in our absolute discretion, provide quotes for, or accept, execute or cancel, all or any part of a Transaction that you have requested through the Trading Platform without giving any reason. You may request to cancel or amend a Transaction at any time prior to our completing such a Transaction. We shall be entitled, but not obliged, to accept such a request in our sole discretion.
14.48.4. We reserve the right to void from the outset any Transaction containing or based on any Manifest Error. In the absence of our fraud or wilful willful default, we will not be liable to you for any loss, cost, claim, demand or expense following any Manifest Error.
14.58.5. You acknowledge that all prices and quotes shown on the Trading Platform are indicative only of actual trading prices in Normal Market Size and are subject to constant change. The Company provides quotes by taking into account the Underlying Asset price, but this does not mean that these quotes are within any specific percentage of the Underlying Asset price. When the relevant Underlying Market is closed, the quotes provided by the Company will reflect what the Company thinks to be the current Bid and Ask price of the relevant Underlying Asset at that time.
8.6. You shall comply with any restrictions that we notify to you from time to time with respect to your activities on the Trading Platform, including without limitation, the size of Transactions or other conditions that may apply to our Quotequote. You acknowledge that we may offer to and impose on each Clientuser, in our sole discretion, different terms and restrictions with respect to their use of the Trading Platform.
14.68.7. You acknowledge that the Trading Platform is independent of any Underlying Markets and we are under no obligation to quote a particular price or follow the trading rules consistent with such Underlying Markets. You further acknowledge that the triggering of your Order Transaction is linked to the prices quoted we quote on the Trading Platform, not the prices quoted elsewhere on the relevant Underlying Markets and the Company does not guarantee that when executing an Order its price will be more favourable than one which might be available elsewhereMarkets. In determining whether the prices quoted on the Trading Platform reach or exceed the price accepted by us in a Transaction, we will be entitled (but not obliged), in our absolute discretion, to disregard any prices quoted on our Platform by us during any pre-pre- market, post-market or intra-day auction periods in the relevant Underlying Markets, during any intra-day intraday or other period of suspension in the relevant Underlying Markets, or during any other period that in our reasonable opinion may give rise to short-short- term price spikes or other distortions. Our prices may differ from the current prices on the relevant Underlying Markets and you acknowledge that a Transaction may be triggered even though:
(a) an An Underlying Market never traded at the level of your Transaction; or
(b) the The Underlying Market did trade at the level of your Transaction but for such a short period that it would have been impractical to execute an equivalent transaction on the Underlying Markets.
14.78.8. When you place an Order complete a Transaction on the Trading Platform, you agree that you are not dealing a recognised recognized exchange.
14.88.9. You acknowledge that any prices quoted on the Trading Platform are set by the Liquidity Provider in its reasonable discretion, taking into account a variety of factors including prevailing market conditions and trading demand on the Trading Platform. You undertake and agree not to use the prices quoted on the Trading Platform for any purpose other than for your own trading purpose, and you agree not to redistribute our prices to any other person whether such redistribution is for commercial or other purposes.
14.98.10. You acknowledge that each Transaction is made for a specified number of units that constitute the Underlying Asset. You may only complete Transactions on the Trading Platform for the minimum number of units as set forth on the Trading Platform as the "“Unit Amount"”, and in multiples of such "“Unit Amount" ” up until the maximum amount permitted by the Trading Platform. You acknowledge and agree that we may set, in our sole and absolute discretion, the "“Unit Amount" ” for each Underlying Asset.
14.108.11. Each Position Transaction opened by you, and any Transaction completed, will be binding on you notwithstanding that by opening the Position Transaction you may have exceeded any credit or other limit applicable to you or in respect of your dealings with us.
14.118.12. You Subject to Paragraph 8.15 you may request a Quote quote to open or close a Position Transaction for a particular Underlying Asset, at any time during the Trading Hours for such Underlying Asset. We will be under no obligation to but may, in our absolute discretion, provide a Quote quote and accept and act on your offer to open or close a Position Transaction for an Underlying Asset outside of the Trading Hours of such Underlying Asset. In some cases, Transactions may only be traded during the time when the relevant Underlying Market where the Underlying Asset traded is open. Trading Hours are displayed on the Trading Platform under the details link for each specific Underlying Asset. It is your responsibility to ensure you are aware of which Underlying Asset may be affected.
14.128.13. Without prejudice to any of our right hereunder, if, prior to the acceptance of your Order offer to open or close a PositionTransaction, we become aware that any of the factors set out in paragraph 14.13 herein, has clause 8.14 have not been met, we reserve the right to reject your Order offer outright. If we have, nevertheless, already opened or closed a Position Transaction prior to becoming aware that a factor set out in paragraph 14.13 herein clause 8.14 has not been met, we may may, in our absolute discretion, either treat such a Transaction as void from the outset or close the Open Position it at our then prevailing price. However, we may, in our absolute discretion, allow you to open or, as the case may be, close the Open Position Transaction in which case you will be bound by the opening or closure of such PositionTransaction, notwithstanding that the factors in paragraph 14.13 herein Paragraph 8.14 were not satisfied.
14.138.14. The factors referred to in paragraph 14.12 Paragraph 8.13 include the following:
(a) the quote must be obtained via the Trading Platform or by such other means as we may from time to time notify you;
(b) your offer to open or close the Position Transaction must be given while the quote is still valid;
(c) the Quote quote must not contain a Manifest Error;
(d) when you offer to open a PositionTransaction, the number of units in respect of which the Transaction is to be opened must be neither smaller than the minimum unit amount specified on the Trading PlatformPlatform for the Instrument, as applicable, from time to time, nor greater than the amount permitted in accordance with the terms of this Agreement;
(e) when you offer to close part but not all of an open Position Transaction both the part of the Position Transaction that you offer to close and the part that would remain open if we accepted your offer must not be smaller than the minimum unit amount specified on the Trading Platform;
(f) Force Majeure Event must not have occurred when you offer to open or close a Transaction, which affect the execution of the Transaction;
(g) An an Event of Default must not have occurred in respect of you;
(h) when you offer to open any PositionTransaction, the opening of the Transaction must not result in your exceeding any Initial initial or Maintenance Margin maintenance margin amount, credit or other limit placed on your dealings;
(i) subject to paragraph 14.12 hereinParagraph 8.12, your offer must be given to us during the Trading Hours for the applicable Underlying Asset in respect of which you offer to open or close the PositionTransaction;
(j) the internet connection or communications are not disrupted;
(k) there is no request of regulatory or supervisory authorities of the relevant jurisdiction Mauritius or a court order to the contrary;
(l) the legality or genuineness of the Order is under not under doubt;
(m) there are Normal Market Conditions; and
(n) any other reasonable factor that we, in our sole discretion, notify you from time to time.
14.148.15. Use If, before your offer to open or close a Transaction is accepted by us, our quote moves to your advantage (for example, if the price goes down as you buy or the price goes up as you sell) you agree that we can (but do not have to) pass such price improvement on to you. The effect of such action being that the level at which you offer to open or close a Transaction will, upon acceptance by us, be altered to the more favorable price. You acknowledge that it is in your best interests for us to alter the level of your offer in the manner contemplated in this Paragraph and you agree that any robotsoffer altered in accordance with this Paragraph, spiders or other automated data entry system with once accepted by us, results in a fully binding agreement between us. Without derogating from the Trading Platform foregoing, you acknowledge that it is expressly prohibited, unless you receive express written consent by the Company prior within our complete discretion as to activating the robotwhen we will pass on a price improvement to you. All Transactions must be completed manually by youYou should also note that we will only pass on a price improvement within allowable limits.
14.158.16. The Company is under no obligation, unless otherwise agreed in the Agreement, to monitor or advise the Client on the status of any Transaction or to close out any Client’s Open Positions. When the Company decides to do so, this will be done on a discretionary basis and will not be considered an undertaking of an obligation to continue. It is the Client’s responsibility to be aware of his positions at all times.
Appears in 1 contract
Samples: Client Agreement
GENERAL RULES OF TRADING. 14.115.1. Without prejudice to any other provisions herein and in particular paragraph 14.13 15.13 of this Client Agreement, once the Client places an Order on the Trading Platform, the Company arranges for the execution of the said Order with the Execution Venue according to the Summary of Best Interest and Order Execution Policy, found on the Company’s Website. It is understood that the Company executes the Client Orders in CFDs as an agenta principal to principal against the Client, i.e. the Company executes Client’s orders in third party is itself the Execution Venue(s)Venue for the execution of the Client Orders.
14.215.2. You acknowledge and agree that each Transaction conducted on the Trading Platform, is comprised of first an offer by you to us to complete a Transaction (whether such offer is to open a Position or close an Open Position) at a certain price quoted on the Trading Platform, and our subsequent acceptance of your offer. An Offer will be deemed to have been completed only when your offer has been received and accepted by us. Our acceptance of an offer will be evidenced by our confirmation of its terms to you and its completion.
14.315.3. You may request to cancel or amend a Transaction at any time prior to our completing such a Transaction.
14.415.4. We reserve the right to void from the outset any Transaction containing or based on any Manifest Error. In the absence of our fraud or wilful default, we will not be liable to you for any loss, cost, claim, demand or expense following any Manifest Error.
14.515.5. You shall comply with any restrictions that we notify to you from time to time with respect to your activities on the Trading Platform, including without limitation, the size of Transactions or other conditions that may apply to our Quote. You acknowledge that we may offer to and impose on each Client, in our sole discretion, different terms and restrictions with respect to their use of the Trading Platform.
14.615.6. You acknowledge that the Trading Platform is independent of any Underlying Markets and we are under no obligation to quote a particular price or follow the trading rules consistent with such Underlying Markets. You further acknowledge that the triggering of your Order is linked to the prices quoted on the Trading Platform, not the prices quoted elsewhere on the relevant Underlying Markets and the Company does not guarantee that when executing an Order its price will be more favourable than one which might be available elsewhere. In determining whether the prices quoted on the Trading Platform reach or exceed the price accepted by us in a Transaction, we will be entitled (but not obliged), in our absolute discretion, to disregard any prices quoted on our Platform during any pre-market, post-market or intra-day auction periods in the relevant Underlying Markets, during any intra-day or other period of suspension in the relevant Underlying Markets, or during any other period that in our reasonable opinion may give rise to short-term price spikes or other distortions. Our prices may differ from the current prices on the relevant Underlying Markets and you acknowledge that a Transaction may be triggered even though:
(a) an Underlying Market never traded at the level of your Transaction; or
(b) the Underlying Market did trade at the level of your Transaction but for such a short period that it would have been impractical to execute an equivalent transaction on the Underlying Markets.
14.7. When you place an Order on the Trading Platform, you agree that you are not dealing a recognised exchange.
14.815.7. You undertake and agree not to use the prices quoted on the Trading Platform for any purpose other than for your own trading purpose, and you agree not to redistribute our prices to any other person whether such redistribution is for commercial or other purposes.
14.915.8. You acknowledge that each Transaction is made for a specified number of units that constitute the Underlying Asset. You may only complete Transactions on the Trading Platform for the minimum number of units as set forth on the Trading Platform as the "Unit Amount", and in multiples of such "Unit Amount" up until the maximum amount permitted by the Trading Platform. You acknowledge and agree that we may set, in our sole and absolute discretion, the "Unit Amount" for each Underlying Asset.
14.1015.9. Each Position opened by you, and any Transaction completed, will be binding on you notwithstanding that by opening the Position you may have exceeded any credit or other limit applicable to you or in respect of your dealings with us.
14.1115.10. You may request a Quote to open or close a Position for a particular Underlying Asset, at any time during the Trading Hours for such Underlying Asset. We will be under no obligation to but may, in our absolute discretion, provide a Quote and accept and act on your offer to open or close a Position for an Underlying Asset outside of the Trading Hours of such Underlying Asset. In some cases, Transactions may only be traded during the time when the relevant Underlying Market is open. Trading Hours are displayed on the Trading Platform under the details link for each specific Underlying Asset. It is your responsibility to ensure you are aware of which Underlying Asset may be affected.
14.1215.11. Without prejudice to any of our right hereunder, if, prior to the acceptance of your Order to open or close a Position, we become aware that any of the factors set out in paragraph 14.13 15.12 herein, has not been met, we reserve the right to reject your Order outright. If we have, nevertheless, already opened or closed a Position prior to becoming aware that a factor set out in paragraph 14.13 15.12 herein has not been met, we may in our discretion, either treat such a Transaction as void from the outset or close the Open Position at our then prevailing price. However, we may, in our absolute discretion, allow you to open or, as the case may be, close the Open Position in which case you will be bound by the opening or closure of such Position, notwithstanding that the factors in paragraph 14.13 15.12 herein were not satisfied.
14.1315.12. The factors referred to in paragraph 14.12 15.11 include the following:
(a) the quote must be obtained via the Trading Platform or by such other means as we may from time to time notify you;
(b) your offer to open or close the Position must be given while the quote is still valid;
(c) the Quote must not contain a Manifest Error;
(d) when you offer to open a Position, the number of units in respect of which the Transaction is to be opened must be neither smaller than the minimum unit amount specified on the Trading Platform, as applicable, from time to time, nor greater than the amount permitted in accordance with the terms of this Agreement;
(e) when you offer to close part but not all of an open Position both the part of the Position that you offer to close and the part that would remain open if we accepted your offer must not be smaller than the minimum unit amount specified on the Trading Platform;
(f) Force Majeure Event must not have occurred when you offer to open or close a Transaction, which affect the execution of the Transaction;
(g) An Event of Default must not have occurred in respect of you;
(h) when you offer to open any Position, the opening must not result in your exceeding any Initial or Maintenance Margin amount, credit or other limit placed on your dealings;
(i) subject to paragraph 14.12 15.11 herein, your offer must be given to us during the Trading Hours for the applicable Underlying Asset in respect of which you offer to open or close the Position;
(j) the internet connection or communications are not disrupted;
(k) there is no request of regulatory or supervisory authorities of the relevant jurisdiction Cyprus or a court order to the contrary;
(l) the legality or genuineness of the Order is under not under doubt;
(m) there are Normal Market Conditions; and
(n) any other reasonable factor that we, in our sole discretion, notify you from time to time.
14.1415.13. Use of any robots, spiders or any other automated data entry system with the Trading Platform is expressly prohibited, unless you receive express written consent by the Company prior to activating the robot. All Transactions must prohibited and shall be completed manually by youtreated as abusive trading.
14.1515.14. The Company is under no obligation, unless otherwise agreed in the Agreement, to monitor or advise the Client on the status of any Transaction or to close out any Client’s Open Positions. When the Company decides to do so, this will be done on a discretionary basis and will not be considered an undertaking of an obligation to continue. It is the Client’s responsibility to be aware of his positions at all times.
Appears in 1 contract
Samples: Client Agreement
GENERAL RULES OF TRADING. 14.113.1. Without prejudice to any other provisions herein and in particular paragraph 14.13 of this Agreementherein, once the Client places an Order on the Trading Platform, the Company arranges for the execution of the said Order with the Execution Venue according to the Summary of Best Interest and Order Execution Policy, found on the Company’s WebsiteOrder. It is understood that the Company executes the Client Orders in CFDs as an agenta principal against the Client, i.e. the Company executes Client’s orders in third party is the Execution Venue(s)Venue for the execution of the Client Orders.
14.213.2. You acknowledge and agree that each Transaction conducted on the Trading Platform, is comprised of first an offer by you to us to complete a Transaction (whether such offer is to open a Position or close an Open Position) at a certain price quoted on the Trading Platform, and our subsequent acceptance of your offer. An Offer will be deemed to have been completed only when your offer has been received and accepted by us. Our acceptance of an offer will be evidenced by our confirmation of its terms to you and its completion.
14.313.3. You may request to cancel or amend a Transaction at any time prior to our completing such a Transaction. The Company reserves the right under certain circumstances to implement an administration fee for cancellations.
14.413.4. We reserve the right to void from the outset any Transaction containing or based on any Manifest Error. In the absence of our fraud or wilful willful default, we will not be liable to you for any loss, cost, claim, demand or expense following any Manifest Error.
14.513.5. You shall comply with any restrictions that we notify to you from time to time with respect to your activities on the Trading Platform, including without limitation, the size of Transactions or other conditions that may apply to our Quote. You acknowledge that we may offer to and impose on each Client, in our sole discretion, different terms and restrictions with respect to their use of the Trading Platform.
14.613.6. You acknowledge that the Trading Platform is independent of any Underlying Markets and we are under no obligation to quote a particular price or follow the trading rules consistent with such Underlying Markets. You further acknowledge that the triggering of your Order is linked to the prices quoted on the Trading Platform, with reference to market data. Prices provided by the Company are not linked to the prices quoted elsewhere on the relevant Underlying Markets and the Company does not guarantee that when executing an Order its price will be more favourable favorable than one which might be available elsewhere. In determining whether the prices quoted on the Trading Platform reach or exceed the price accepted by us in a Transaction, we will be entitled (but not obliged), in our absolute discretion, to disregard any prices quoted on our Platform during any pre-market, post-post- market or intra-day auction periods in the relevant Underlying Markets, during any intra-day or other period of suspension in the relevant Underlying Markets, or during any other period that in our reasonable opinion may give rise to short-term price spikes or other distortions. Our prices may differ from the current prices on the relevant Underlying Markets and you acknowledge that a Transaction may be triggered even though:
(a) an Underlying Market never traded at the level of your Transaction; or
(b) the Underlying Market did trade at the level of your Transaction but for such a short period that it would have been impractical to execute an equivalent transaction on the Underlying Markets.
14.713.7. When you place an Order on the Trading Platform, you agree that you are not dealing a recognised recognized exchange.
14.813.8. You undertake and agree not to use the prices quoted on the Trading Platform for any purpose other than for your own trading purpose, and you agree not to redistribute our prices to any other person whether such redistribution is for commercial or other purposes.
14.913.9. You acknowledge that each Transaction is made for a specified number of units that constitute the Underlying Asset. You may only complete Transactions on the Trading Platform for the minimum number of units as set forth on the Trading Platform as the "Unit Amount", and in multiples of such "Unit Amount" up until the maximum amount permitted by the Trading Platform. You acknowledge and agree that we may set, in our sole and absolute discretion, the "Unit Amount" for each Underlying Asset.
14.1013.10. Each Position opened by you, and any Transaction completed, will be binding on you notwithstanding that by opening the Position you may have exceeded any credit or other limit applicable to you or in respect of your dealings with usyou.
14.1113.11. You may request a Quote to open or close a Position for a particular Underlying Asset, at any time during the Trading Hours for such Underlying Asset. We will be under no obligation to but may, in our absolute discretion, provide a Quote and accept and act on your offer to open or close a Position for an Underlying Asset outside of the Trading Hours of such Underlying Asset. In some cases, Transactions may only be traded during the time when the relevant Underlying Market is open. Trading Hours are displayed on the Trading Platform under the details link for each specific Underlying Asset. It is your responsibility to ensure you are aware of which Underlying Asset may be affected.
14.1213.12. Upon the submission of an order, it is your sole responsibility to remain available for order confirmation and any other communications with the Company regarding your trading account until all open orders are completed. Therefore, we strongly recommend that you monitor your account frequently.
13.13. Without prejudice to any of our right hereunder, if, prior to the acceptance of your Order to open or close a Position, we become aware that any of the factors set out in paragraph 14.13 Clause 13.14 herein, has not been met, we reserve the right to reject your Order outright. If we have, nevertheless, already opened or closed a Position prior to becoming aware that a factor set out in paragraph 14.13 Clause 13.14 herein has not been met, we may in our discretion, either treat such a Transaction as void from the outset or close the Open Position at our then prevailing price. However, we may, in our absolute discretion, allow you to open or, as the case may be, close the Open Position in which case you will be bound by the opening or closure of such Position, notwithstanding that the factors in paragraph 14.13 Clause 13.14 herein were not satisfied.
14.1313.14. The factors referred to in paragraph 14.12 Clause 13.11 include the following:
(a) the quote must be obtained via the Trading Platform or by such other means as we may from time to time notify you;
(b) your offer to open or close the Position must be given while the quote is still valid;
(c) the Quote must not contain a Manifest Error;
(d) when you offer to open a Position, the number of units in respect of which the Transaction is to be opened must be neither smaller than the minimum unit amount specified on the Trading Platform, as applicable, from time to time, nor greater than the amount permitted in accordance with the terms of this Agreement;
(e) when you offer to close part but not all of an open Position both the part of the Position that you offer to close and the part that would remain open if we accepted your offer must not be smaller than the minimum unit amount specified on the Trading Platform;
(f) Force Majeure Event must not have occurred when you offer to open or close a Transaction, which affect the execution of the Transaction;
(g) An Event of Default must not have occurred in respect of you;
(h) when you offer to open any Position, the opening must not result in your exceeding any Initial or Maintenance Margin amount, credit or other limit placed on your dealings;
(i) subject to paragraph 14.12 Clause 13.11 herein, your offer must be given to us during the Trading Hours for the applicable Underlying Asset in respect of which you offer to open or close the Position;
(j) the internet connection or communications are not disrupted;
(k) there is no request of regulatory or supervisory authorities of the relevant jurisdiction South Africa or a court order to the contrary;
(l) the legality or genuineness of the Order is under not under doubt;
(m) there are Normal Market Conditionsnormal market conditions; and
(n) any other reasonable factor that we, in our sole discretion, notify you from time to time.
14.14. Use of any robots, spiders or other automated data entry system with the Trading Platform is expressly prohibited, unless you receive express written consent by the Company prior to activating the robot. All Transactions must be completed manually by you.
14.1513.15. The Company is under no obligation, unless otherwise agreed in between the AgreementClient and the Company, to monitor or advise the Client on the status of any Transaction or to close out any Client’s Open Positions. When the Company decides to do so, this will be done on a discretionary basis and will not be considered an undertaking of an obligation to continueTransaction. It is the Client’s responsibility to be aware of his positions at all times.
13.16. One or more of the Client’s trades may be affected by a corporate action type event (“Corporate Action”) the occurrence of which may have a dramatic effect on their trade(s) and/or on their trading account generally. A Corporate Action can include but is not limited to:
a) any rights, scrip, bonus, capitalization or other issue or offer of shares, warrants or options
b) any acquisition or cancellation of own shares by the issuer any reduction, subdivision, consolidation or reclassification of share capital
c) any distribution of cash or shares, including any payment of dividend
d) a take-over or merger offer
e) any amalgamation or reconstruction affecting the shares concerned The Company will undertake any actions that it considers reasonable and necessary to give effect to the Corporate Action as it relates to the Client’s CFD trade(s). The actions the Company may take upon the occurrence of a Corporate Action are as follows:
a) the Client’s trading account may be credited or debited with an amount due b) the Client’s open trades and/or working Orders including any Take Profit or Stop Loss Orders may be adjusted, closed or cancelled to reflect the terms of the Corporate Action
Appears in 1 contract
Samples: Client Agreement
GENERAL RULES OF TRADING. 14.1
15.1. Without prejudice to any other provisions herein and in particular paragraph 14.13 15.13 of this Client Agreement, once the Client places an Order on the Trading Platform, the Company arranges for the execution of the said Order with the Execution Venue according to the Summary of Best Interest and Order Execution Policy, found on the Company’s Website. It is understood that the Company executes the Client Orders in CFDs as an agenta principal to principal against the Client, i.e. the Company executes Client’s orders in third party is the Execution Venue(s)Venue for the execution of the Client Orders.
14.215.2. You acknowledge and agree that each Transaction conducted on the Trading Platform, is comprised of first an offer by you to us to complete a Transaction (whether such offer is to open a Position or close an Open Position) at a certain price quoted on the Trading Platform, and our subsequent acceptance of your offer. An Offer will be deemed to have been completed only when your offer has been received and accepted by us. Our acceptance of an offer will be evidenced by our confirmation of its terms to you and its completion.
14.315.3. You may request to cancel or amend a Transaction at any time prior to our completing such a Transaction.
14.415.4. We reserve the right to void from the outset any Transaction containing or based on any Manifest Error. In the absence of our fraud or wilful willful default, we will not be liable to you for any loss, cost, claim, demand or expense following any Manifest Error.
14.515.5. You shall comply with any restrictions that we notify to you from time to time with respect to your activities on the Trading Platform, including without limitation, the size of Transactions or other conditions that may apply to our Quote. You acknowledge that we may offer to and impose on each Client, in our sole discretion, different terms and restrictions with respect to their use of the Trading Platform.
14.615.6. You acknowledge that the Trading Platform is independent of any Underlying Markets and we are under no obligation to quote a particular price or follow the trading rules consistent with such Underlying Markets. You further acknowledge that the triggering of your Order is linked to the prices quoted on the Trading Platform, with reference to market data. The Company may provide to the client only the relevant information which is available via the applicable Liquidity Provider and/or Price Feed Provider and/or Exchange. Prices provided by the Company are not linked to the prices quoted elsewhere on the relevant Underlying Markets and the Company does not guarantee that when executing an Order its price will be more favourable favorable than one which might be available elsewhere. In determining whether the prices quoted on the Trading Platform reach or exceed the price accepted by us in a Transaction, we will be entitled (but not obliged), in our absolute discretion, to disregard any prices quoted on our Platform during any pre-market, post-post- market or intra-day auction periods in the relevant Underlying Markets, during any intra-day or other period of suspension in the relevant Underlying Markets, or during any other period that in our reasonable opinion may give rise to short-term price spikes or other distortions. Our prices may differ from the current prices on the relevant Underlying Markets and you acknowledge that a Transaction may be triggered even though:
(a) an Underlying Market never traded at the level of your Transaction; or
(b) the Underlying Market did trade at the level of your Transaction but for such a short period that it would have been impractical to execute an equivalent transaction on the Underlying Markets.
14.715.7. When you place an Order on the Trading Platform, you agree that you are not dealing a recognised recognized exchange.
14.815.8. You undertake and agree not to use the prices quoted on the Trading Platform for any purpose other than for your own trading purpose, and you agree not to redistribute our prices to any other person whether such redistribution is for commercial or other purposes.
14.915.9. You acknowledge that each Transaction is made for a specified number of units that constitute the Underlying Asset. You may only complete Transactions on the Trading Platform for the minimum number of units as set forth on the Trading Platform as the "Unit Amount", and in multiples of such "Unit Amount" up until the maximum amount permitted by the Trading Platform. You acknowledge and agree that we may set, in our sole and absolute discretion, the "Unit Amount" for each Underlying Asset.
14.1015.10. Each Position opened by you, and any Transaction completed, will be binding on you notwithstanding that by opening the Position you may have exceeded any credit or other limit applicable to you or in respect of your dealings with usyou.
14.1100.00. You Xxx may request a Quote to open or close a Position for a particular Underlying Asset, at any time during the Trading Hours for such Underlying Asset. We will be under no obligation to but may, in our absolute discretion, provide a Quote and accept and act on your offer to open or close a Position for an Underlying Asset outside of the Trading Hours of such Underlying Asset. In some cases, Transactions may only be traded during the time when the relevant Underlying Market is open. Trading Hours are displayed on the Trading Platform under the details link for each specific Underlying Asset. It is your responsibility to ensure you are aware of which Underlying Asset may be affected.
14.1215.12. Without prejudice to any of our right hereunder, if, prior to the acceptance of your Order to open or close a Position, we become aware that any of the factors set out in paragraph 14.13 15.13 herein, has not been met, we reserve the right to reject your Order outright. If we have, nevertheless, already opened or closed a Position prior to becoming aware that a factor set out in paragraph 14.13 herein has not been met, we may in our discretion, either treat such a Transaction as void from the outset or close the Open Position at our then prevailing price. However, we may, in our absolute discretion, allow you to open or, as the case may be, close the Open Position in which case you will be bound by the opening or closure of such Position, notwithstanding that the factors in paragraph 14.13 herein were not satisfied.
14.13. The factors referred to in paragraph 14.12 include the following:
(a) the quote must be obtained via the Trading Platform or by such other means as we may from time to time notify you;
(b) your offer to open or close the Position must be given while the quote is still valid;
(c) the Quote must not contain a Manifest Error;
(d) when you offer to open a Position, the number of units in respect of which the Transaction is to be opened must be neither smaller than the minimum unit amount specified on the Trading Platform, as applicable, from time to time, nor greater than the amount permitted in accordance with the terms of this Agreement;
(e) when you offer to close part but not all of an open Position both the part of the Position that you offer to close and the part that would remain open if we accepted your offer must not be smaller than the minimum unit amount specified on the Trading Platform;
(f) Force Majeure Event must not have occurred when you offer to open or close a Transaction, which affect the execution of the Transaction;
(g) An Event of Default must not have occurred in respect of you;
(h) when you offer to open any Position, the opening must not result in your exceeding any Initial or Maintenance Margin amount, credit or other limit placed on your dealings;
(i) subject to paragraph 14.12 herein, your offer must be given to us during the Trading Hours for the applicable Underlying Asset in respect of which you offer to open or close the Position;
(j) the internet connection or communications are not disrupted;
(k) there is no request of regulatory or supervisory authorities of the relevant jurisdiction or a court order to the contrary;
(l) the legality or genuineness of the Order is under not under doubt;
(m) there are Normal Market Conditions; and
(n) any other reasonable factor that we, in our sole discretion, notify you from time to time.
14.14. Use of any robots, spiders or other automated data entry system with the Trading Platform is expressly prohibited, unless you receive express written consent by the Company prior to activating the robot. All Transactions must be completed manually by you.
14.15. The Company is under no obligation, unless otherwise agreed in the Agreement, to monitor or advise the Client on the status of any Transaction or to close out any Client’s Open Positions. When the Company decides to do so, this will be done on a discretionary basis and will not be considered an undertaking of an obligation to continue. It is the Client’s responsibility to be aware of his positions at all times.paragraph
Appears in 1 contract
Samples: Client Agreement
GENERAL RULES OF TRADING. 14.1. 15.1 Without prejudice to any other provisions herein and in particular paragraph 14.13 15.13 of this Client Agreement, once the Client places an Order on the Trading Platform, the Company arranges for the execution of the said Order with the Execution Venue according to the Summary of Best Interest and Order Execution Policy, found on the Company’s Website. It is understood that the Company executes does not execute the Client Orders in CFDs as an agent, i.e. a principal to principal against the Company executes Client’s orders in third party Execution Venue(s).
14.2. 15.2 You acknowledge and agree that each Transaction conducted on the Trading Platform, is comprised of first an offer by you to us to complete a Transaction (whether such offer is to open a Position or close an Open Position) at a certain price quoted on the Trading Platform, and our subsequent acceptance of your offer. An Offer will be deemed to have been completed only when your offer has been received and accepted by us. Our acceptance of an offer will be evidenced by our confirmation of its terms to you and its completion.
14.3. 15.3 You may request to cancel or amend a Transaction at any time prior to our completing such a Transaction.
14.4. 15.4 We reserve the right to void from the outset any Transaction containing or based on any Manifest Error. In the absence of our fraud or wilful default, we will not be liable to you for any loss, cost, claim, demand or expense following any Manifest Error.
14.5. 15.5 You shall comply with any restrictions that we notify to you from time to time with respect to your activities on the Trading Platform, including without limitation, the size of Transactions or other conditions that may apply to our Quote. You acknowledge that we may offer to and impose on each Client, in our sole discretion, different terms and restrictions with respect to their use of the Trading Platform.
14.6. 15.6 You acknowledge that the Trading Platform is independent of any Underlying Markets and we are under no obligation to quote a particular price or follow the trading rules consistent with such Underlying Markets. You further acknowledge that the triggering of your Order is linked to the prices quoted on the Trading Platform, not the prices quoted elsewhere on the relevant Underlying Markets and the Company does not guarantee that when executing an Order its price will be more favourable than one which might be available elsewhere. In determining whether the prices quoted on the Trading Platform reach or exceed the price accepted by us in a Transaction, we will be entitled (but not obliged), in our absolute discretion, to disregard any prices quoted on our Platform during any pre-marketpremarket, post-market postmarket or intra-day intraday auction periods in the relevant Underlying Markets, during any intra-intra- day or other period of suspension in the relevant Underlying Markets, or during any other period that in our reasonable opinion may give rise to short-term price spikes or other distortions. Our prices may differ from the current prices on the relevant Underlying Markets and you acknowledge that a Transaction may be triggered even though:
(a) an Underlying Market never traded at the level of your Transaction; or
(b) the Underlying Market did trade at the level of your Transaction but for such a short period that it would have been impractical to execute an equivalent transaction on the Underlying Markets.
14.7. 15.7 When you place an Order on the Trading Platform, you agree that you are not dealing a recognised recognized exchange.
14.8. 15.8 You undertake and agree not to use the prices quoted on the Trading Platform for any purpose other than for your own trading purpose, and you agree not to redistribute our prices to any other person whether such redistribution is for commercial or other purposes.
14.9. 15.9 You acknowledge that each Transaction is made for a specified number of units that constitute the Underlying Asset. You may only complete Transactions on the Trading Platform for the minimum number of units as set forth on the Trading Platform as the "Unit Amount", and in multiples of such "Unit Amount" up until the maximum amount permitted by the Trading Platform. You acknowledge and agree that we may set, in our sole and absolute discretion, the "Unit Amount" for each Underlying Asset.
14.10. 15.10 Each Position opened by you, and any Transaction completed, will be binding on you notwithstanding not withstanding that by opening the Position you may have exceeded any credit or other limit applicable to you or in respect of your dealings with us.
14.11. 15.11 You may request a Quote to open or close a Position for a particular Underlying Asset, at any time during the Trading Hours for such Underlying Asset. We will be under no obligation to but may, in our absolute discretion, provide a Quote and accept and act on your offer to open or close a Position for an Underlying Asset outside of the Trading Hours of such Underlying Asset. In some cases, Transactions may only be traded during the time when the relevant Underlying Market is open. Trading Hours are displayed on the Trading Platform 19 of 46 under the details link for each specific Underlying Asset. It is your responsibility to ensure you are aware of which Underlying Asset may be affected.
14.12. 15.12 Without prejudice to any of our right hereunder, if, prior to the acceptance of your Order to open or close a Position, we become aware that any of the factors set out in paragraph 14.13 15.13 herein, has not been met, we reserve the right to reject your Order outright. If we have, nevertheless, already opened or closed a Position prior to becoming aware that a factor set out in paragraph 14.13 15.13 herein has not been met, we may in our discretion, either treat such a Transaction as void from the outset or close the Open Position at our then prevailing price. However, we may, in our absolute discretion, allow you to open or, as the case may be, close the Open Position in which case you will be bound by the opening or closure of such Position, notwithstanding that the factors in paragraph 14.13 15.13 herein were not satisfied.
14.13. 15.13 The factors referred to in paragraph 14.12 15.12 include the following:
(a) the quote must be obtained via the Trading Platform or by such other means as we may from time to time notify you;
(b) your offer to open or close the Position must be given while the quote is still valid;
(c) the Quote must not contain a Manifest Error;
(d) when you offer to open a Position, the number of units in respect of which the Transaction Trans- action is to be opened must be neither smaller than the minimum unit amount specified on the Trading Platform, as applicable, from time to time, nor greater than the amount permitted in accordance with the terms of this Agreement;
(e) when you offer to close part but not all of an open Position both the part of the Position that you offer to close and the part that would remain open if we accepted your offer must not be smaller than the minimum unit amount specified on the Trading Platform;
(f) Force Majeure Event must not have occurred when you offer to open or close a Transaction, which affect the execution of the Transaction;
(g) An Event of Default must not have occurred in respect of you;
(h) when you offer to open any Position, the opening must not result in your exceeding any Initial or Maintenance Margin amount, credit or other limit placed on your dealingsdeal- ings;
(i) subject to paragraph 14.12 15.12 herein, your offer must be given to us during the Trading Hours for the applicable Underlying Asset in respect of which you offer to open or close the Position;
(j) the internet connection or communications are not disrupted;
(k) there is no request of regulatory or supervisory authorities of the relevant jurisdiction or a court order to the contrary;
(l) the legality or genuineness of the Order is under not under doubt;
(m) there are Normal Market Conditions; and
(n) any other reasonable factor that we, in our sole discretion, notify you from time to time.
14.14. 15.14 Use of any robots, spiders or other automated data entry system with the Trading Platform is expressly prohibited, unless you receive express written consent by the Company prior to activating the robot. All Transactions must be completed manually by you.
14.15. 15.15 The Company is under no obligation, unless otherwise agreed in the Agreement, to monitor or advise the Client on the status of any Transaction or to close out any Client’s Open Positions. When the Company decides to do so, this will be done on a discretionary basis and will not be considered an undertaking of an obligation to continue. It is the Client’s responsibility respon- sibility to be aware of his positions at all times.
15.16 Benefits – Takeovers and Transformations (including events such as share consolida- tions/splits, mergers, takeovers, spinoffs, MBO's, delistings, etc.). Depending on the cir- cumstances of each event, our policy is to close out any customer open positions at the market price immediately prior to the event taking place. As a result of such event, if any Underlying Asset becomes subject to an adjustment as the result of a takeover or transfor- mation action we shall determine the appropriate adjustment to be made to the contract price or contract quantity as we consider appropriate to account for the diluting or concen- trating effect of the action. Such adjustment shall represent the economic equivalent of the rights and obligations of us and you immediately prior to the action.
Appears in 1 contract
Samples: Client Agreement
GENERAL RULES OF TRADING. 14.115.1. Without prejudice to any other provisions herein and in particular paragraph 14.13 15.13 of this Client Agreement, once the Client places an Order on the Trading Platform, the Company arranges for the execution of the said Order with the Execution Venue according to the Summary of Best Interest and Order Execution Policy, found on the Company’s Website. It is understood that the Company executes the Client Orders in CFDs as an agenta principal to principal against the Client, i.e. the Company executes Client’s orders in third party is itself the Execution Venue(s)Venue for the execution of the Client Orders.
14.215.2. You acknowledge and agree that each Transaction conducted on the Trading Platform, is comprised of first an offer by you to us to complete a Transaction (whether such offer is to open a Position or close an Open Position) at a certain price quoted on the Trading Platform, and our subsequent acceptance of your offer. An Offer will be deemed to have been completed only when your offer has been received and accepted by us. Our acceptance of an offer will be evidenced by our confirmation of its terms to you and its completion.
14.315.3. You may request to cancel or amend a Transaction at any time prior to our completing such a Transaction.
14.415.4. We reserve the right to void from the outset any Transaction containing or based on any Manifest Error. In the absence of our fraud or wilful willful default, we will not be liable to you for any loss, cost, claim, demand or expense following any Manifest Error.
14.515.5. You shall comply with any restrictions that we notify to you from time to time with respect to your activities on the Trading Platform, including without limitation, the size of Transactions or other conditions that may apply to our Quote. You acknowledge that we may offer to and impose on each Client, in our sole discretion, different terms and restrictions with respect to their use of the Trading Platform.
14.615.6. You acknowledge that the Trading Platform is independent of any Underlying Markets and we are under no obligation to quote a particular price or follow the trading rules consistent with such Underlying Markets. You further acknowledge that the triggering of your Order is linked to the prices quoted on the Trading Platform, not the prices quoted elsewhere on the relevant Underlying Markets and the Company does not guarantee that when executing an Order its price will be more favourable than one which might be available elsewhere. In determining whether the prices quoted on the Trading Platform reach or exceed the price accepted by us in a Transaction, we will be entitled (but not obliged), in our absolute discretion, to disregard any prices quoted on our Platform during any pre-market, post-market or intra-day auction periods in the relevant Underlying Markets, during any intra-day or other period of suspension in the relevant Underlying Markets, or during any other period that in our reasonable opinion may give rise to short-term price spikes or other distortions. Our prices may differ from the current prices on the relevant Underlying Markets and you acknowledge that a Transaction may be triggered even though:
(a) an Underlying Market never traded at the level of your Transaction; or
(b) the Underlying Market did trade at the level of your Transaction but for such a short period that it would have been impractical to execute an equivalent transaction on the Underlying Markets.
14.7. When you place an Order on the Trading Platform, you agree that you are not dealing a recognised exchange.
14.8. You undertake and agree not to use the prices quoted on the Trading Platform for any purpose other than for your own trading purpose, and you agree not to redistribute our prices to any other person whether such redistribution is for commercial or other purposes.
14.9. You acknowledge that each Transaction is made for a specified number of units that constitute the Underlying Asset. You may only complete Transactions on the Trading Platform for the minimum number of units as set forth on the Trading Platform as the "Unit Amount", and in multiples of such "Unit Amount" up until the maximum amount permitted by the Trading Platform. You acknowledge and agree that we may set, in our sole and absolute discretion, the "Unit Amount" for each Underlying Asset.
14.10. Each Position opened by you, and any Transaction completed, will be binding on you notwithstanding that by opening the Position you may have exceeded any credit or other limit applicable to you or in respect of your dealings with us.
14.11. You may request a Quote to open or close a Position for a particular Underlying Asset, at any time during the Trading Hours for such Underlying Asset. We will be under no obligation to but may, in our absolute discretion, provide a Quote and accept and act on your offer to open or close a Position for an Underlying Asset outside of the Trading Hours of such Underlying Asset. In some cases, Transactions may only be traded during the time when the relevant Underlying Market is open. Trading Hours are displayed on the Trading Platform under the details link for each specific Underlying Asset. It is your responsibility to ensure you are aware of which Underlying Asset may be affected.
14.12. Without prejudice to any of our right hereunder, if, prior to the acceptance of your Order to open or close a Position, we become aware that any of the factors set out in paragraph 14.13 herein, has not been met, we reserve the right to reject your Order outright. If we have, nevertheless, already opened or closed a Position prior to becoming aware that a factor set out in paragraph 14.13 herein has not been met, we may in our discretion, either treat such a Transaction as void from the outset or close the Open Position at our then prevailing price. However, we may, in our absolute discretion, allow you to open or, as the case may be, close the Open Position in which case you will be bound by the opening or closure of such Position, notwithstanding that the factors in paragraph 14.13 herein were not satisfied.
14.13. The factors referred to in paragraph 14.12 include the following:
(a) the quote must be obtained via the Trading Platform or by such other means as we may from time to time notify you;
(b) your offer to open or close the Position must be given while the quote is still valid;
(c) the Quote must not contain a Manifest Error;
(d) when you offer to open a Position, the number of units in respect of which the Transaction is to be opened must be neither smaller than the minimum unit amount specified on the Trading Platform, as applicable, from time to time, nor greater than the amount permitted in accordance with the terms of this Agreement;
(e) when you offer to close part but not all of an open Position both the part of the Position that you offer to close and the part that would remain open if we accepted your offer must not be smaller than the minimum unit amount specified on the Trading Platform;
(f) Force Majeure Event must not have occurred when you offer to open or close a Transaction, which affect the execution of the Transaction;
(g) An Event of Default must not have occurred in respect of you;
(h) when you offer to open any Position, the opening must not result in your exceeding any Initial or Maintenance Margin amount, credit or other limit placed on your dealings;
(i) subject to paragraph 14.12 herein, your offer must be given to us during the Trading Hours for the applicable Underlying Asset in respect of which you offer to open or close the Position;
(j) the internet connection or communications are not disrupted;
(k) there is no request of regulatory or supervisory authorities of the relevant jurisdiction or a court order to the contrary;
(l) the legality or genuineness of the Order is under not under doubt;
(m) there are Normal Market Conditions; and
(n) any other reasonable factor that we, in our sole discretion, notify you from time to time.
14.14. Use of any robots, spiders or other automated data entry system with the Trading Platform is expressly prohibited, unless you receive express written consent by the Company prior to activating the robot. All Transactions must be completed manually by you.
14.15. The Company is under no obligation, unless otherwise agreed in the Agreement, to monitor or advise the Client on the status of any Transaction or to close out any Client’s Open Positions. When the Company decides to do so, this will be done on a discretionary basis and will not be considered an undertaking of an obligation to continue. It is the Client’s responsibility to be aware of his positions at all times.
Appears in 1 contract
Samples: Client Agreement
