Orders and Instructions. 8.1 You may provide us with Instructions and Orders in the form and using the channel determined by us from time to time. If you submit an Order by means of other than the Trading Platform, and we are required to manually verify the basis of the relevant Order prior to processing, this may likely result in an extended processing time. Placement of Orders by telephone may (to the extent permitted by law) be subject to higher commissions than placement of Orders via the Trading Platform. Once you have opened an Account, you may instruct us to buy or sell Securities on your behalf. We will then arrange to execute your instructions. Amendments and cancellation of orders allowed via telephone. 8.2 Any Instructions: 8.2.1 Must be given to us through the Trading Platform; 8.2.2 are subject to the Rules and this Agreement; 8.3 You authorise us to act on any Instructions we genuinely believe are given by you in accordance with this Agreement; 8.4 We are entitled to assume that any Instructions given via the Trading Platform using your account details are from you. You are bound by any such Instructions. 8.5 As part of executing your Instructions, you will be charged brokerage by us at the rates we set, and any other applicable Fees and Charges in each case as specified on the Website. These Fees and Charges may change from time to time. 8.6 We do not guarantee that your Instructions will be executed: 8.6.1 in full or in part; 8.6.2 by a certain time; or 8.6.3 at a particular price. 8.7 Collectively, though not exhaustively, the information referred to in clause 8 or any portion thereof, constitutes the “Instructions”. 8.8 Subject to clause 8.2, Instructions may be given by you at any time via the Trading Platform. Instructions sent by you by email, text message or any instant messaging feature we offer to you as part of the Trading Platform or our trading service, will not be accepted by us and will not be effective for the purposes of the Agreement. 8.9 We may, in our sole discretion, accept Instructions by telephone. You may only give an Instruction by telephone with one of our authorised employees during our normal hours of trading. Our normal hours of trading are specified on our Website. 8.10 You authorise us to act on any Instructions received by us via the Trading Platform or via the telephone in accordance with clause 8.4 above using your Account Security Information. You indemnify us for any error made by you or an Authorised Person in providing us with Instructions or for any Instructions that are not received by us. 8.11 If you use our Trading Platform, you confirm and accept: 8.11.1 you may be able to enter into Contracts at the Price quoted on the Trading Platform; 8.11.2 all transactions must be completed using the Account Security Information allocated to you by us and valid entry of such login and password will constitute an authorisation by you to complete the Contract specified irrespective of whether the login and password are entered by an Authorised Person; 8.11.3 you must ensure that the Account Security Information is kept secure and confidential. You must also ensure that each Authorised Person to whom a login and password is provided, will keep them secure and confidential. You will advise us immediately if you have any reason to believe that the login and passwords allocated to you have not been kept secure and confidential. 8.11.4 you must ensure that no unauthorised person is able to use the Account Security Information. As part of this obligation, you must ensure that each Authorised Person quits the Internet browser after using the Trading Platform. 8.11.5 It is your responsibility to keep your Account Security Information confidential and to not disclose your Account Security Information to any other person. If you suspect that your Account Security Information is being used by an unauthorised person, you must notify our Client Management Team in writing immediately. You will be responsible for any and all losses, liabilities, actions, proceedings, claims, damages and/or costs resulting from or arising out of any act or omission by any person accessing your Account through your Account Security Information, whether or not you authorised such access. 8.11.6 We may at any time acting reasonably and without Notice to you suspend, withdraw or deny access to the Trading Platform for any reason including but not limited to security, quality of service, failure by you to pay an amount when due or breach by you of any provision of this Agreement. If and while access is suspended, we may, in our sole discretion (with or without notice): (a) permit you to close any Open Positions but will not be entitled to enter into new Contracts; and (b) close out your Open Positions at prices we consider fair and reasonable at that time, and to the extent permitted by law, you agree not to make any claim against us in this regard. 8.12 You must not: 8.12.1 misuse the Trading Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful; 8.12.2 attempt to gain unauthorised access to the Trading Platform or any server, computer or database connected to the Trading Platform; 8.12.3 attack the Trading Platform including via a denial-of-service attach or a distributed denial-of-service attack. By breaching this provision, you may also commit a criminal offence. We may report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing a client’s identity to them. In the event of such a breach, your right to use the Trading Platform will cease immediately and without Notice. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, virus or other technologically harmful material that may infect your electronic devices and equipment. 8.13 We may, acting reasonably, accept or reject your Instruction at any time until the Instruction has been executed by us or we have acknowledged that your Instruction has been withdrawn. 8.14 We reserve the right to refuse to execute any new Instruction. Where we refuse to execute an Instruction, we are not obliged to give a reason for our refusal or notify you that we have not created a Contract with you. Such situations may include, but are not limited to the following: 8.14.1 Instructions are given outside of the specified Market Hours; 8.14.2 an Event Outside Our Control has occurred; 8.14.3 an Event of Default has occurred; 8.14.4 you do not provide sufficient cleared funds or do not maintain sufficient funds in your Account to cover the cost of instructions (or any ancillary fees) to buy Securities before the Instruction is executed; 8.14.5 we reasonably believe that your Instructions are unclear, ambiguous or incomplete; 8.14.6 we believe that your Instructions breach (or may breach) this Agreement, any law, statutory requirements, or other regulatory requirements, including any Rules or regulations of the relevant Exchange. 8.14.7 we may also cancel any Transaction or generally restrict your ability to trade Securities through your Account. We do not need to provide any reason for taking such action. We will notify you, as appropriate, of any such refusal or cancellation. 8.14.8 You accept and acknowledge that we shall have the right (in addition to any other rights GO Markets may have under these Agreements, or under Australian law in general) to refuse Orders to establish new or larger positions or to buy or sell Instruments. We will inform you as soon as practicable regarding such refused Orders and the reason for the refusal. 8.14.9 You accept and acknowledge that we shall have the right (in addition to any other rights we may have under this Agreement, or under Australian law in general) to reduce the size of your open positions (net or gross). We will inform you as soon as practicable regarding such reduction and the reason hereof. Situations where we may exercise the right to reduce the size of your open positions include, but are not limited to, situations where: (a) we have reason to believe that you may be in possession of Inside Information; (b) we consider that there are abnormal trading conditions. (c) the value of your CMA account falls below the requirement; (d) we consider that you may be in breach of any applicable Law or Market Rules; (e) either you or we are if so, requested by ASIC or any other regulatory agency or authority; (f) you have a negative cash balance in your CMA account; or (g) an Exceptional Market Condition occurs or is likely to occur.
Appears in 2 contracts
Samples: Share Trading Terms and Conditions, Share Trading Terms and Conditions
Orders and Instructions. 8.1 You may provide us with Instructions and Orders 4.1 I/We acknowledge that by reason of physical restraints on the Exchange, market volatility in the form and using the channel determined by us from time to time. If you submit an Order by means price of securities and/or for other than the Trading Platformreasons beyond your own control, and we are required to manually verify the basis of the relevant Order prior to processing, this there may likely result on occasions be a delay in an extended processing time. Placement of Orders by telephone may (to the extent permitted by law) be subject to higher commissions than placement of Orders via the Trading Platform. Once you have opened an Account, dealing and/or you may instruct us to buy or sell Securities on your behalf. We will then arrange to execute your instructions. Amendments and cancellation of orders allowed via telephone.
8.2 Any Instructions:
8.2.1 Must be given to us through the Trading Platform;
8.2.2 are subject to the Rules and this Agreement;
8.3 You authorise us to act on any Instructions we genuinely believe are given by you in accordance with this Agreement;
8.4 We are entitled to assume that any Instructions given via the Trading Platform using your account details are from you. You are bound by any such Instructions.
8.5 As part of executing your Instructions, you will be charged brokerage by us at the rates we set, and any other applicable Fees and Charges in each case as specified on the Website. These Fees and Charges may change from time to time.
8.6 We do not guarantee that your Instructions will be executed:
8.6.1 in full or in part;
8.6.2 by a certain time; or
8.6.3 at a particular price.
8.7 Collectively, though not exhaustively, the information referred to in clause 8 or any portion thereof, constitutes the “Instructions”.
8.8 Subject to clause 8.2, Instructions may be given by you at any time via the Trading Platform. Instructions sent by you by email, text message or any instant messaging feature we offer to you as part of the Trading Platform or our trading service, will not be accepted by us and will not be effective for the purposes of the Agreement.
8.9 We may, in our sole discretion, accept Instructions by telephone. You may only give an Instruction by telephone with one of our authorised employees during our normal hours of trading. Our normal hours of trading are specified on our Website.
8.10 You authorise us to act on any Instructions received by us via the Trading Platform or via the telephone in accordance with clause 8.4 above using your Account Security Information. You indemnify us for any error made by you or an Authorised Person in providing us with Instructions or for any Instructions that are not received by us.
8.11 If you use our Trading Platform, you confirm and accept:
8.11.1 you may be able to enter into Contracts trade in securities at the Price prices quoted on the Trading Platform;
8.11.2 all transactions must be completed using the Account Security Information allocated to you by us and valid entry of such login and password will constitute an authorisation by you to complete the Contract specified irrespective of whether the login and password are entered by an Authorised Person;
8.11.3 you must ensure that the Account Security Information is kept secure and confidential. You must also ensure that each Authorised Person to whom a login and password is provided, will keep them secure and confidential. You will advise us immediately if you have any reason to believe that the login and passwords allocated to you have not been kept secure and confidential.
8.11.4 you must ensure that no unauthorised person is able to use the Account Security Information. As part of this obligation, you must ensure that each Authorised Person quits the Internet browser after using the Trading Platform.
8.11.5 It is your responsibility to keep your Account Security Information confidential and to not disclose your Account Security Information to any other person. If you suspect that your Account Security Information is being used by an unauthorised person, you must notify our Client Management Team in writing immediately. You will be responsible for any and all losses, liabilities, actions, proceedings, claims, damages and/or costs resulting from or arising out of any act or omission by any person accessing your Account through your Account Security Information, whether or not you authorised such access.
8.11.6 We may at any specific time acting reasonably and without Notice to or “at best” or “at market” value. I/We confirm that you suspend, withdraw or deny access to the Trading Platform for any reason including but not limited to security, quality of service, failure by you to pay an amount when due or breach by you of any provision of this Agreement. If and while access is suspended, we may, in our sole discretion (with or without notice): (a) permit you to close any Open Positions but will not be entitled to enter into new Contracts; and (b) close out your Open Positions at prices we consider fair and reasonable at that time, and to the extent permitted by law, you agree not to make any claim against us in this regard.
8.12 You must not:
8.12.1 misuse the Trading Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful;
8.12.2 attempt to gain unauthorised access to the Trading Platform or any server, computer or database connected to the Trading Platform;
8.12.3 attack the Trading Platform including via a denial-of-service attach or a distributed denial-of-service attack. By breaching this provision, you may also commit a criminal offence. We may report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing a client’s identity to them. In the event of such a breach, your right to use the Trading Platform will cease immediately and without Notice. We will shall not be liable for any loss arising by reason of your failing, or damage caused being unable to comply with any terms of any order or instructions. Where you are unable to perform any order or instructions in full, unless specifically instructed otherwise on the particular occasion concerned, you are entitled to effect partial performance of the order or instructions without prior reference to, or confirmation from me/us.
4.2 I/We confirm that you may accept instructions given to you in writing or verbally, including by a distributed denial-of-service attacktelephone, virus facsimile or other technologically harmful material electronic means (including unauthenticated telex). You will not be under any duty to verify the capacity of the person(s) giving those instructions. I/We confirm that may infect your electronic devices and equipment.
8.13 We may, acting reasonably, accept or reject your Instruction at any time until the Instruction has been executed by us or we have acknowledged that your Instruction has been withdrawn.
8.14 We you reserve the right to refuse decline to execute any new Instructionaccept instructions from time to time as you see fit. Where I/We fully understand that there are risks in operating the Options Account on instructions given verbally (including given by telephone), by facsimile or other electronic means. I/We accept all risks of so doing and irrevocably release you from all liabilities arising out of or in connection with such instructions, whether or not you take, or decline to take, action in accordance with those instructions.
4.3 Unless I/we refuse to execute an Instruction, we are not obliged to give a reason for our refusal or notify you that we have not created a Contract with you. Such situations may include, but are not limited specific instructions to the following:
8.14.1 Instructions contrary, all orders and instructions are given outside good for the day only and will lapse at the end of the specified Market Hours;
8.14.2 an Event Outside Our Control has occurred;
8.14.3 an Event of Default has occurred;
8.14.4 you do not provide sufficient cleared funds or do not maintain sufficient funds in your Account to cover the cost of instructions (or any ancillary fees) to buy Securities before the Instruction is executed;
8.14.5 we reasonably believe that your Instructions are unclear, ambiguous or incomplete;
8.14.6 we believe that your Instructions breach (or may breach) this Agreement, any law, statutory requirements, or other regulatory requirements, including any Rules or regulations official trading day of the relevant Exchange.
8.14.7 4.4 You will record telephone conversations with me/us and I/we may also cancel any Transaction or generally restrict your ability to trade Securities through your Account. We do not need to provide any reason for taking such action. We will notify you, as appropriate, accept the contents of any such refusal or cancellationrecording as final and conclusive evidence of the conversation concerned and its content.
8.14.8 You accept and acknowledge that 4.5 For the purpose of allowing my/our options and/or futures position to be subject to margin offset claim under the applicable rules of clearing houses, I/we shall consent to have my/our eligible position being allocated to the right Client Offset Claim Accounts (“COCA”) in addition the Derivatives Clearing and Settlement System (“DCASS”). This enables you to any other rights GO Markets may have under these Agreements, or under Australian law in general) to refuse Orders to establish new or larger positions or to buy or sell Instruments. We will inform you as soon as practicable regarding such refused Orders and the reason apply for the refusal.
8.14.9 You accept margin offset claim arrangement under the applicable rules of clearing houses. However, as all positions in COCA are being pooled together for calculation of margin on a net basis, according to the applicable rules of clearing houses, I/we should note that if there is a default of you any request for external transfer of positions from COCA must be for all but not part of the positions. As a result, in such scenario, no position maintained in COCA could be externally transferred to another participant if one or more of the clients of you with positions in COCA do not wish to transfer out their positions for whatever reasons. I/We acknowledge and acknowledge that we shall have the right (in addition to any other rights we may have under this Agreement, or under Australian law in general) to reduce the size of your open positions (net or gross). We will inform you as soon as practicable regarding such reduction and the reason hereof. Situations where we may exercise the right to reduce the size of your open positions include, but are not limited to, situations where:
(a) we have reason to believe consent that you may be shall allocate any of my/our eligible positions to COCA in possession accordance with the applicable rules of Inside Information;
(b) we consider that there are abnormal trading conditionsclearing houses.
(c) the value of your CMA account falls below the requirement;
(d) we consider that you may be in breach of any applicable Law or Market Rules;
(e) either you or we are if so, requested by ASIC or any other regulatory agency or authority;
(f) you have a negative cash balance in your CMA account; or
(g) an Exceptional Market Condition occurs or is likely to occur.
Appears in 1 contract
Samples: Client Agreement (Options Account)
Orders and Instructions. 8.1 You may provide us with Instructions and Orders 3.1 I/We acknowledge that by reason of physical restraints on stock exchanges (including the Exchange), market volatility in the form price of securities and using the channel determined by us from time to time. If you submit an Order by means of for other than the Trading Platformreasons beyond your own control, and we are required to manually verify the basis of the relevant Order prior to processing, this there may likely result on occasions be a delay in an extended processing time. Placement of Orders by telephone may (to the extent permitted by law) be subject to higher commissions than placement of Orders via the Trading Platform. Once you have opened an Account, dealing and/or you may instruct us to buy or sell Securities on your behalf. We will then arrange to execute your instructions. Amendments and cancellation of orders allowed via telephone.
8.2 Any Instructions:
8.2.1 Must be given to us through the Trading Platform;
8.2.2 are subject to the Rules and this Agreement;
8.3 You authorise us to act on any Instructions we genuinely believe are given by you in accordance with this Agreement;
8.4 We are entitled to assume that any Instructions given via the Trading Platform using your account details are from you. You are bound by any such Instructions.
8.5 As part of executing your Instructions, you will be charged brokerage by us at the rates we set, and any other applicable Fees and Charges in each case as specified on the Website. These Fees and Charges may change from time to time.
8.6 We do not guarantee that your Instructions will be executed:
8.6.1 in full or in part;
8.6.2 by a certain time; or
8.6.3 at a particular price.
8.7 Collectively, though not exhaustively, the information referred to in clause 8 or any portion thereof, constitutes the “Instructions”.
8.8 Subject to clause 8.2, Instructions may be given by you at any time via the Trading Platform. Instructions sent by you by email, text message or any instant messaging feature we offer to you as part of the Trading Platform or our trading service, will not be accepted by us and will not be effective for the purposes of the Agreement.
8.9 We may, in our sole discretion, accept Instructions by telephone. You may only give an Instruction by telephone with one of our authorised employees during our normal hours of trading. Our normal hours of trading are specified on our Website.
8.10 You authorise us to act on any Instructions received by us via the Trading Platform or via the telephone in accordance with clause 8.4 above using your Account Security Information. You indemnify us for any error made by you or an Authorised Person in providing us with Instructions or for any Instructions that are not received by us.
8.11 If you use our Trading Platform, you confirm and accept:
8.11.1 you may be able to enter into Contracts trade in securities at the Price prices quoted on the Trading Platform;
8.11.2 all transactions must be completed using the Account Security Information allocated to you by us and valid entry of such login and password will constitute an authorisation by you to complete the Contract specified irrespective of whether the login and password are entered by an Authorised Person;
8.11.3 you must ensure that the Account Security Information is kept secure and confidential. You must also ensure that each Authorised Person to whom a login and password is provided, will keep them secure and confidential. You will advise us immediately if you have any reason to believe that the login and passwords allocated to you have not been kept secure and confidential.
8.11.4 you must ensure that no unauthorised person is able to use the Account Security Information. As part of this obligation, you must ensure that each Authorised Person quits the Internet browser after using the Trading Platform.
8.11.5 It is your responsibility to keep your Account Security Information confidential and to not disclose your Account Security Information to any other person. If you suspect that your Account Security Information is being used by an unauthorised person, you must notify our Client Management Team in writing immediately. You will be responsible for any and all losses, liabilities, actions, proceedings, claims, damages and/or costs resulting from or arising out of any act or omission by any person accessing your Account through your Account Security Information, whether or not you authorised such access.
8.11.6 We may at any specific time acting reasonably and without Notice to or “at best” or “at market” value. I/We confirm that you suspend, withdraw or deny access to the Trading Platform for any reason including but not limited to security, quality of service, failure by you to pay an amount when due or breach by you of any provision of this Agreement. If and while access is suspended, we may, in our sole discretion (with or without notice): (a) permit you to close any Open Positions but will not be entitled to enter into new Contracts; and (b) close out your Open Positions at prices we consider fair and reasonable at that time, and to the extent permitted by law, you agree not to make any claim against us in this regard.
8.12 You must not:
8.12.1 misuse the Trading Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful;
8.12.2 attempt to gain unauthorised access to the Trading Platform or any server, computer or database connected to the Trading Platform;
8.12.3 attack the Trading Platform including via a denial-of-service attach or a distributed denial-of-service attack. By breaching this provision, you may also commit a criminal offence. We may report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing a client’s identity to them. In the event of such a breach, your right to use the Trading Platform will cease immediately and without Notice. We will shall not be liable for any loss arising by reason of your failing, or damage caused being unable to comply with any terms of any order or instructions. Where you are unable to perform any order or instructions in full, unless specifically instructed otherwise on the particular occasion concerned, you are entitled to effect partial performance of the order or instructions without prior reference to, or confirmation from me/us.
3.2 I/We confirm that you may accept instructions given to you in writing or verbally, including by a distributed denial-of-service attacktelephone, virus facsimile or other technologically harmful material electronic means (including unauthenticated telex). You will not be under any duty to verify the capacity of the person(s) giving those instructions. I/We confirm that may infect your electronic devices and equipment.
8.13 We may, acting reasonably, accept or reject your Instruction at any time until the Instruction has been executed by us or we have acknowledged that your Instruction has been withdrawn.
8.14 We you reserve the right to refuse decline to execute any new Instructionaccept instructions from time to time as you see fit. Where I/We fully understand that there are risks in operating the Account on instructions given verbally (including given by telephone), by facsimile or other electronic means. I/We accept all risks of so doing and irrevocably release you from all liabilities arising out of or in connection with such instructions, whether or not you take, or decline to take, action in accordance with those instructions.
3.3 Unless I/we refuse to execute an Instruction, we are not obliged to give a reason for our refusal or notify you that we have not created a Contract with you. Such situations may include, but are not limited specific instructions to the following:
8.14.1 Instructions contrary, all orders and instructions are given outside good for the day only and will lapse at the end of the specified Market Hours;
8.14.2 an Event Outside Our Control has occurred;
8.14.3 an Event of Default has occurred;
8.14.4 you do not provide sufficient cleared funds or do not maintain sufficient funds in your Account to cover the cost of instructions (or any ancillary fees) to buy Securities before the Instruction is executed;
8.14.5 we reasonably believe that your Instructions are unclear, ambiguous or incomplete;
8.14.6 we believe that your Instructions breach (or may breach) this Agreement, any law, statutory requirements, or other regulatory requirements, including any Rules or regulations official trading day of the relevant Exchangeexchange in respect of which they are given.
8.14.7 3.4 You will record telephone conversations with me/us and I/we may also cancel any Transaction or generally restrict your ability to trade Securities through your Account. We do not need to provide any reason for taking such action. We will notify you, as appropriate, accept the contents of any such refusal or cancellationrecording as final and conclusive evidence of the conversation concerned and its content.
8.14.8 You accept and acknowledge that we shall have the right (in addition to any other rights GO Markets may have under these Agreements, or under Australian law in general) to refuse Orders to establish new or larger positions or to buy or sell Instruments. We will inform you as soon as practicable regarding such refused Orders and the reason for the refusal.
8.14.9 You accept and acknowledge that we shall have the right (in addition to any other rights we may have under this Agreement, or under Australian law in general) to reduce the size of your open positions (net or gross). We will inform you as soon as practicable regarding such reduction and the reason hereof. Situations where we may exercise the right to reduce the size of your open positions include, but are not limited to, situations where:
(a) we have reason to believe that you may be in possession of Inside Information;
(b) we consider that there are abnormal trading conditions.
(c) the value of your CMA account falls below the requirement;
(d) we consider that you may be in breach of any applicable Law or Market Rules;
(e) either you or we are if so, requested by ASIC or any other regulatory agency or authority;
(f) you have a negative cash balance in your CMA account; or
(g) an Exceptional Market Condition occurs or is likely to occur.
Appears in 1 contract
Samples: Client Agreement
