Common use of Orders and Transactions Clause in Contracts

Orders and Transactions. 3.1. In order to enter into a Transaction, you must submit an Order to us in accordance with this Clause 3 of these MMF Terms. 3.2. An Order may only be made via the Plum App by completing the relevant information required to create such Order. Any Order is binding on you and you bear sole responsibility for any obligations arising out of or in connection with any Orders or Transactions. We retain sole discretion as to whether to accept or otherwise transmit any Order. Our acceptance of your Order will be evidenced through a confirmation in the Plum App. Where your Order relates to the MMF, Plum shall retain sole discretion as to whether to execute that Order. Under normal market conditions an Order would generally be fully executed. Partial order execution may occur in the event there are not enough MMFs to fill your Order or due to unexpected technical reasons in which case the unexecuted part of your order will be cancelled. 3.3. If you instruct us to transfer an amount of money from your Plum Wallet into your Plum MMF Investment Account, and such money remains in your Plum MMF Investment Account at the Cut-off Time on a Trading Day, you shall be deemed to have submitted a buy Order to us for Shares in the amount of that balance. For the avoidance of doubt, any money moved out of your Plum MMF Investment Account prior to the Cut-off Time will not be invested in the MMF by Plum on your behalf. 3.4. By confirming you wish to invest in your Plum MMF Investment Account, you are instructing Plum to execute an Order in relation to Shares issued by the MMF with the entirety of the funds held in your Plum MMF Investment Account at the Cut-off Time. Any further funds received into your Plum MMF Investment Account (including as a result of any refunds or reversals) will at the Cut-off Time be deemed a buy Order for an equivalent value of Shares. Any funds which are subsequently moved out of your Plum MMF Investment Account prior to the Cut-off Time of that Trading Day will not be invested. For the purpose of clarity, any money moved into the MMF Investment Account through Plum’s ‘Brain’ and ‘Splitter’, as may be available in the Plum App, will automatically execute an Order in relation to Shares issued by the MMF with the entirety of the funds held in your Plum MMF Investment Account at the Cut-off Time. 3.5. For an Order to be executed on the same Trading Day, the order must be placed prior to the Cut-off Time. If you submit an Order on a non-Trading Day or after the Cut-off Time, the Order will be placed the next Trading Day at the Cut-off Time. 3.6. Plum will update the value of the Shares held in your Plum MMF Invested Wallet following each publication of the Net Asset Valuation of the MMF by the MMF Manager. You will be able to see within the Plum App how many Shares Plum bought or sold for you each day after the publication of the Net Asset Valuation. 3.7. Should funds be received into your Plum MMF Investment Account in error, and a buy Order has been placed as a result, Plum retains the right to submit a corresponding sell Order equal to the value of the buy Order placed to enable us to return such funds and you hereby consent to us doing so by entering into this agreement. 3.8. Should we, in our reasonable opinion, be responsible for an error which results in the incorrect submission of a buy or sell Order, then Plum shall use best endeavours to promptly correct such error by crediting your Plum Wallet or Plum MMF Investment Account with the funds or correct number of Shares, as applicable. 3.9. Notwithstanding any provision to the contrary within this agreement, submission of an Order prior to the Cut-off Time shall not guarantee that the respective Order is executed on the same Trading Day. If for operational, legal or regulatory reasons (or any other reason outside of our control) your Order cannot be executed on a given Trading Day, Plum shall use its best endeavours to facilitate the execution of that order on the next Trading Day during the Cut-off Time. 3.10. We will not execute any Orders in Shares in the MMF that you submit via the Plum App, but rather will transmit Orders for execution to the MMF Manager for execution or onward transmission. Under no circumstances will we act in any other capacity and a transaction will arise between you and us in all instances for the purposes of the execution of your Order. 3.11. You acknowledge and agree that we may rely on various third-parties to facilitate the execution of your Orders and we cannot, therefore, guarantee that your Orders will be executed, nor can we guarantee that there will not be a delay in the execution of your Order. The price of any Shares issued by the MMF to which your Order relates may move between our acceptance of the Order and its ultimate execution and you acknowledge that such price movements may work in your favour or against you. Where we do not accept your Order, we will use reasonable endeavours to provide you with a reason why, save where the provision of such information to you would be prohibited by applicable law or regulation. 3.12. We reserve the right to cancel an Order previously accepted where we reasonably believe that: (a) the Order was not made in accordance with these MMF Terms; (b) the Order breaches or may reasonably breach a Risk Control; (c) you no longer have sufficient funds in your Plum Wallet to cover any financial obligations that may arise in connection with the Order; (d) we reasonably believe that the Order has not originated from you; (e) the Order is suspicious in nature and we wish to clarify it with you; (f) we may be in breach of these MMF Terms or applicable law or regulation if we continue to accept the Order; or (g) any other circumstances arise following acceptance of the Order but prior to it becoming a Transaction that mean it is no longer reasonable or possible for us to act on the Order, including, but not limited to: (i) a change in applicable law and regulation such that we can no longer action that Order in compliance with applicable law and regulation; (ii) a Force Majeure Event has occurred; (iii) the relevant MMF Manager becomes subject to an Insolvency Event; (iv) trading in the relevant MMF has been suspended; (v) we or the MMF Manager no longer supports the MMF to which the Order relates; or (vi) we are required by any underlying market or authority or by the MMF Manager to cancel the Order. 3.13. Save where prohibited under applicable law or regulation, we will use reasonable endeavours to provide you with a reason as to why we have cancelled any Order submitted by you. 3.14. Orders can only be made in relation to the MMF and we will not facilitate any Orders that do not relate to the MMF. 3.15. We determine, in our sole discretion, what funds are made available via the Plum App and we may change such funds at any time without notice to you. If we no longer wish to support a fund in which you hold any Shares, you may be required to divest the entirety of any Shares and, in such circumstances, we will provide you with advance notice in writing of the relevant date by which you must do so. If you have not divested the Shares by the relevant date specified in such notice, we will do so at the prevailing market price of that particular fund. 3.16. As may be applicable, where you submit an Order outside Cut-off Time, that Order will be held until the commencement of the next period of Cut-off Time and subsequently actioned during that period. In such circumstances, you may not be notified of the relevant price of the MMF to which that Order relates until that Order becomes a Transaction. 3.17. When you submit an Order to sell a Share issued by the MMF, we will credit any proceeds from that Transaction to your Plum MMF Investment Account. The Transaction will appear pending in the MMF Investment Account until the Transaction settles and with withdrawal available next business day unless the sell Order is submitted on a business day before the cut off time. 3.18. We will take all sufficient steps to provide you with best execution in relation to Orders and such Orders will be handled and executed in accordance with our Order Handling Policy. 3.19. By agreeing to these MMF Terms, you expressly agree that we shall have no liability to you for the actions or omissions of the MMF Manager in relation to any Orders, Transactions or Shares relating to the MMF.

Appears in 7 contracts

Samples: Money Market Fund Terms and Conditions, Money Market Fund Terms and Conditions, Money Market Fund Terms and Conditions

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Orders and Transactions. 3.1. In order to enter into a Transaction, you must submit an Order to us in accordance with this Clause 3 of these MMF Terms. 3.2. An Order may only be made via the Plum App by completing the relevant information required to create such Order. Any Order is binding on you and you bear sole responsibility for any obligations arising out of or in connection with any Orders or Transactions. We retain sole discretion as to whether to accept or otherwise transmit any Order. Our acceptance of your Order will be evidenced through a confirmation in the Plum App. Where your Order relates to the MMF, Plum shall retain sole discretion as to whether to execute that Order. Under normal market conditions an Order would generally be fully executed. Partial order execution may occur in the event there are not enough MMFs to fill your Order or due to unexpected technical reasons in which case the unexecuted part of your order will be cancelled. 3.3. If you instruct us to transfer an amount of money from your Plum Wallet into your Plum MMF Investment Account, and such money remains in your Plum MMF Investment Account at the Cut-off off Time on a Trading Day, you shall be deemed to have submitted a buy Order to us for Shares in the amount of that balance. For the avoidance of doubt, any money moved out of your Plum MMF Investment Account prior to the Cut-off off Time will not be invested in the MMF by Plum on your behalf. 3.4. By confirming you wish to invest in your Plum MMF Investment Account, you are instructing Plum to execute an Order in relation to Shares issued by the MMF with the entirety of the funds held in your Plum MMF Investment Account at the Cut-off off Time. Any further funds received into your Plum MMF Investment Account (including as a result of any refunds or reversals) will at the Cut-off off Time be deemed a buy Order for an equivalent value of Shares. Any funds which are subsequently moved out of your Plum MMF Investment Account prior to the Cut-off off Time of that Trading Day will not be invested. For the purpose of clarity, any money moved into the MMF Investment Account through Plum’s ‘Brain’ and ‘Splitter’, as may be available in the Plum App, will automatically execute an Order in relation to Shares issued by the MMF with the entirety of the funds held in your Plum MMF Investment Account at the Cut-off off Time. 3.5. For an Order to be executed on the same Trading Day, the order must be placed prior to the Cut-off off Time. If you submit an Order on a non-Trading Day or after the Cut-off off Time, the Order will be placed the next Trading Day at the Cut-off off Time. 3.6. Plum will update the value of the Shares held in your Plum MMF Invested Wallet following each publication of the Net Asset Valuation of the MMF by the MMF Manager. You will be able to see within the Plum App how many Shares Plum bought or sold for you each day after the publication of the Net Asset Valuation. 3.7. Should funds be received into your Plum MMF Investment Account in error, and a buy Order has been placed as a result, Plum retains the right to submit a corresponding sell Order equal to the value of the buy Order placed to enable us to return such funds and you hereby consent to us doing so by entering into this agreement. 3.8. Should we, in our reasonable opinion, be responsible for an error which results in the incorrect submission of a buy or sell Order, then Plum shall use best endeavours to promptly correct such error by crediting your Plum Wallet or Plum MMF Investment Account with the funds or correct number of Shares, as applicable. 3.9. Notwithstanding any provision to the contrary within this agreement, submission of an Order prior to the Cut-off off Time shall not guarantee that the respective Order is executed on the same Trading Day. If for operational, legal or regulatory reasons (or any other reason outside of our control) your Order cannot be executed on a given Trading Day, Plum shall use its best endeavours to facilitate the execution of that order on the next Trading Day during the Cut-off off Time. 3.10. We will not execute any Orders in Shares in the MMF that you submit via the Plum App, but rather will transmit Orders for execution to the MMF Manager for execution or onward transmission. Under no circumstances will we act in any other capacity and a transaction will arise between you and us in all instances for the purposes of the execution of your Order. 3.11. You acknowledge and agree that we may rely on various third-parties to facilitate the execution of your Orders and we cannot, therefore, guarantee that your Orders will be executed, nor can we guarantee that there will not be a delay in the execution of your Order. The price of any Shares issued by the MMF to which your Order relates may move between our acceptance of the Order and its ultimate execution and you acknowledge that such price movements may work in your favour or against you. Where we do not accept your Order, we will use reasonable endeavours to provide you with a reason why, save where the provision of such information to you would be prohibited by applicable law or regulation. 3.12. We reserve the right to cancel an Order previously accepted where we reasonably believe that: (a) the Order was not made in accordance with these MMF Terms; (b) the Order breaches or may reasonably breach a Risk Control; (c) you no longer have sufficient sufficient funds in your Plum Wallet to cover any financial obligations that may arise in connection with the Order; (d) we reasonably believe that the Order has not originated from you; (e) the Order is suspicious in nature and we wish to clarify it with you; (f) we may be in breach of these MMF Terms or applicable law or regulation if we continue to accept the Order; or (g) any other circumstances arise following acceptance of the Order but prior to it becoming a Transaction that mean it is no longer reasonable or possible for us to act on the Order, including, but not limited to: (i) a change in applicable law and regulation such that we can no longer action that Order in compliance with applicable law and regulation; (ii) a Force Majeure Event has occurred; (iii) the relevant MMF Manager becomes subject to an Insolvency Event; (iv) trading in the relevant MMF has been suspended; (v) we or the MMF Manager no longer supports the MMF to which the Order relates; or (vi) we are required by any underlying market or authority or by the MMF Manager to cancel the Order. 3.13. Save where prohibited under applicable law or regulation, we will use reasonable endeavours to provide you with a reason as to why we have cancelled any Order submitted by you. 3.14. Orders can only be made in relation to the MMF and we will not facilitate any Orders that do not relate to the MMF. 3.15. We determine, in our sole discretion, what funds are made available via the Plum App and we may change such funds at any time without notice to you. If we no longer wish to support a fund in which you hold any Shares, you may be required to divest the entirety of any Shares and, in such circumstances, we will provide you with advance notice in writing of the relevant date by which you must do so. If you have not divested the Shares by the relevant date specified in such notice, we will do so at the prevailing market price of that particular fund. 3.16. As may be applicable, where you submit an Order outside Cut-off off Time, that Order will be held until the commencement of the next period of Cut-off off Time and subsequently actioned during that period. In such circumstances, you may not be notified of the relevant price of the MMF to which that Order relates until that Order becomes a Transaction. 3.17. When you submit an Order to sell a Share issued by the MMF, we will credit any proceeds from that Transaction to your Plum MMF Investment Account. The Transaction will appear pending in the MMF Investment Account until the Transaction settles and with withdrawal available next business day unless the sell Order is submitted on a business day before the cut off timeCut-off Time. 3.18. We will take all sufficient sufficient steps to provide you with best execution in relation to Orders and such Orders will be handled and executed in accordance with our Order Handling Policy. 3.19. By agreeing to these MMF Terms, you expressly agree that we shall have no liability to you for the actions or omissions of the MMF Manager in relation to any Orders, Transactions or Shares relating to the MMF.

Appears in 1 contract

Samples: Money Market Fund Terms and Conditions

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