Our Services. 4.1 Subject to these Terms and the acceptance of your application to open an account with us, we will maintain one or more accounts in your name and will provide you with execution-only dealing services in relation to leveraged Forex contracts (“FX”) and Contracts for Difference (“CFDs”) where the underlying investments or products shall primarily be foreign exchange contracts. Our offering will also include any other financial products we may offer through the Online Facility from time to time (“Services”). 4.2 Orders for execution of a Transaction, unless otherwise agreed by us, are to be given to us electronically through our Online Facility to Buy at the quoted offer price (“long position”) or Sell at the quoted bid price (“short position”) for the relevant Reference Asset. 4.3 We may receive and transmit orders or deal as agent on your behalf (as a riskless principal, matched principal or otherwise) only for the purposes of the execution of transactions. 4.4 You acknowledge and agree that unless otherwise agreed in a formal written instrument you will not be entitled to delivery of, or be required to deliver, any Reference Asset nor will you acquire any interest in any Reference Asset. 4.5 You acknowledge and agree that we have the right to close any Transaction in our sole and absolute discretion without notice. 4.6 We will not provide you with (and will not be under any duty to provide) any advice on the merits of a particular Transaction or provide you with personal recommendations (as defined by the CMA) in relation to any Transaction. 4.7 This means that you should make your own assessment of any Transaction that you are considering or of the composition of your account(s) and should not rely on any opinion, research or analysis expressed or published by us or our Group Companies as being a recommendation or advice in relation to that Transaction. 4.8 You should bear in mind that merely explaining the terms of a transaction or investment or its performance characteristics does not itself amount to advice on the merits of the investment. Any decision to invest shall be made solely on the basis of your own understanding and acceptance of the risks involved. 4.9 Any legal, accounting, tax or other adviser retained by us shall be the legal, accounting, tax or other adviser to us alone. You have the sole responsibility for selecting, retaining and remunerating any legal, accounting, tax or other adviser that may advise you. We or any of our Group Companies or any legal, accounting, tax or other adviser retained by us will in no circumstances be deemed to be a provider of legal, accounting, tax or other advice to you, any Group Company of yours or any other person. 4.10 Provision of the Services will not, unless specifically agreed between us in writing, give rise to any fiduciary or equitable duties on our part or that of our Group Companies. You agree that nothing contained in these Terms shall create any fiduciary, trustee, agency, joint venture or partnership relationship between us or any Group Company of ours, on the one hand, and you or any Group Company of yours on the other. 4.11 Where applicable, before opening an account for you, we will need to assess, based on your knowledge and experience, whether the type of margined trading you wish to conduct is appropriate for you. We rely on you to provide us with the correct information of your knowledge and experience in connection with the products and services we offer, and you warrant to us that it is accurate and complete. 4.12 On the basis of the information you provide, if we believe the type of margined trading you wish to conduct is not appropriate for you, we will notify you via e-mail during the account opening process. 4.13 Although we have an obligation to assess the appropriateness of our products and services, we have no obligation to monitor your margined trades nor to advise you on the appropriateness of each individual trade you place. 4.14 Depending on your knowledge and experience and the type of Transactions you generally place with us, some of our account types may not be available to you. We reserve the right to close your account or convert your account into a different account type if, acting reasonably, we determine that a different type of account is more appropriate for you. We also reserve the right to change the features and eligibility criteria of our accounts at any time and we will provide prior notification of such changes and as per our internal procedures. 4.15 You acknowledge and agree that you are capable of assessing the merits of and understand and accept the nature and risks of transactions entered into under this Agreement. You also acknowledge and agree that you do not rely on advice from INGOT Brokers (or its Affiliates) in relation to the merits of any such transaction.
Appears in 3 contracts
Samples: Client Agreement, Client Agreement, Client Agreement
Our Services.
4.1 Subject to these the Terms in this Agreement and the acceptance of your application to open an account with us, we will shall maintain one (1) or more accounts account registered in your name and will shall provide you with execution-only dealing services in relation to leveraged Forex contracts in Foreign Exchange (“FX”) and Contracts for Difference (“CFDs”) where the underlying investments or products shall primarily be include foreign exchange contracts, metals, equity indices and commodities and such other dealings as we deems fit and proper. Our offering will services shall also include the offering of any other type of financial products of which we may offer to clients through the Online Facility from time to time time, including the engagement in our strategies and/or portfolios (“the Services”).
4.2 Orders for execution of a Transaction, unless otherwise agreed by usus (whether in writing or oral), are to be given to us electronically through our Online Facility to Buy buy at the quoted offer price (“long positionLong Position”) or Sell sell at the quoted bid price (“short positionShort Position”) for the relevant Reference Asset.
4.3 We may receive and transmit orders or deal as agent on your behalf (as a riskless principal, matched principal or otherwise) only for the purposes of the execution of transactions.
4.4 You hereby acknowledge and agree that that, unless otherwise agreed in a formal written instrument instrument, you will shall not be entitled to delivery of, or be required to deliver, any Reference Asset nor will Asset, and you shall not acquire any interest in any Reference Asset.
4.5 4.4 You hereby acknowledge and agree that we have the right to close any Transaction in our sole and absolute discretion without notice.
4.6 4.5 We will shall not nor provide you with (and will not be nor under any duty to provide) any provide you with advice on the merits or demerits of a particular Transaction or provide you with transaction and/or any personal recommendations (as defined by the CMA) in relation to any Transaction.
4.7 transaction. This means shall mean that you should make shall rely solely on your own assessment of any Transaction transaction that you are considering or of the composition of your account(s) and should not rely on any opinion, research or whereby the analysis expressed or published by us or our Group Companies as being a recommendation or advice in relation to that Transactiontransaction shall only be deemed as part one of the sources of which you have referred to in relation to your research and shall not be deems as the representation, undertaking or otherwise any guarantee whatsoever to you.
4.8 You should bear 4.6 Any advisors in mind that merely explaining the terms of a transaction or investment or its performance characteristics does not itself amount to advice on the merits of the investment. Any decision to invest shall be made solely on the basis of your own understanding and acceptance of the risks involved.
4.9 Any legal, accounting, tax and/or other services retained, engaged, selected or other adviser retained remunerated by us shall be providing the legal, accounting, tax or other adviser services solely to us alone(the “Professional Services”). You have shall be responsible for obtaining the sole responsibility for selectingProfessional Services, retaining if required, at your own expenses and remunerating any legal, accounting, tax or other adviser that may advise youliabilities. We or any of our Group Companies or any legal, accounting, tax or other adviser No Professional Services retained by us will and/or any Group Company shall in no any circumstances be deemed to be a provider of legal, accounting, tax or other advice Professional Services available to you, any your Group Company of yours or any other personperson in relation thereto.
4.10 4.7 Provision of the Services will shall not, unless and until specifically agreed between us and you in writing, give rise to any fiduciary or equitable duties to you on our part or that of our Group Companies. You hereby agree that nothing contained in these Terms shall create any fiduciary, trustee, agency, joint venture or partnership relationship between us or any Group Company of ours, on the one hand, and you or any Group Company of yours on the other.
4.11 Where applicable, before opening an account for you, we will need to assess, based on your knowledge and experience, whether the type of margined trading you wish to conduct is appropriate for you. We rely on you to provide us with the correct information of your knowledge and experience in connection with the products and services we offer, and you warrant to us that it is accurate and complete.
4.12 On the basis of the information you provide, if we believe the type of margined trading you wish to conduct is not appropriate for you, we will notify you via e-mail during the account opening process.
4.13 Although we have an obligation to assess the appropriateness of our products and services, we have no obligation to monitor your margined trades nor to advise you on the appropriateness of each individual trade you place.
4.14 Depending on your knowledge and experience and the type of Transactions you generally place with us, some of our account types may not be available to you. We reserve the right to close your account or convert your account into a different account type if, acting reasonably, we determine that a different type of account is more appropriate for you. We also reserve the right to change the features and eligibility criteria of our accounts at any time and we will provide prior notification of such changes and as per our internal procedures.
4.15 You acknowledge and agree that you are capable of assessing the merits of and understand and accept the nature and risks of transactions entered into under this Agreement. You also acknowledge and agree that you do not rely on advice from INGOT Brokers (or its Affiliates) in relation to the merits of any such transaction.
Appears in 2 contracts
Samples: Client Agreement, Client Agreement
Our Services. 4.1 Subject to these Terms and the acceptance of your application to open an account with us, we will maintain one or more accounts in your name and will provide you with execution-only dealing services in relation to leveraged Forex contracts in Foreign Exchange (“FX”) and Contracts for Difference (“CFDs”) where the underlying investments or products shall primarily be include foreign exchange contracts, metals, equity indices and commodities. Our offering will also include any other financial products we may offer through the Online Facility from time to time (“the Services”).
4.2 Orders for execution of a Transaction, unless otherwise agreed by us, are to be given to us electronically through our Online Facility to Buy buy at the quoted offer price (“long position”) or Sell sell at the quoted bid price (“short position”) for the relevant Reference Asset.
4.3 We may receive and transmit orders or deal as agent on your behalf (as a riskless principal, matched principal or otherwise) only for the purposes of the execution of transactions.
4.4 You acknowledge and agree that unless otherwise agreed in a formal written instrument you will not be entitled to delivery of, or be required to deliver, any Reference Asset nor will you acquire any interest in any Reference Asset.
4.5 4.4 You acknowledge and agree that we have the right to close any Transaction in our sole and absolute discretion without notice.
4.6 4.5 We will not provide you with (and will not be under any duty to provide) any advice on the merits of a particular Transaction transaction or provide you with personal recommendations (as defined by the CMA) in relation to any Transaction.
4.7 transaction. This means that you should make your own assessment of any Transaction transaction that you are considering or of the composition of your account(s) and should not rely on any opinion, research or analysis expressed or published by us or our Group Companies as being a recommendation or advice in relation to that Transactiontransaction.
4.8 You should bear in mind that merely explaining the terms of a transaction or investment or its performance characteristics does not itself amount to advice on the merits of the investment. Any decision to invest shall be made solely on the basis of your own understanding and acceptance of the risks involved.
4.9 4.6 Any legal, accounting, tax or other adviser retained by us shall be the legal, accounting, tax or other adviser to us alone. You have the sole responsibility for selecting, retaining and remunerating any legal, accounting, tax or other adviser that may advise you. We or any of our Group Companies or any legal, accounting, tax or other adviser retained by us will in no circumstances be deemed to be a provider of legal, accounting, tax or other advice to you, any Group Company of yours or any other person.
4.10 4.7 Provision of the Services will not, unless specifically agreed between us in writing, give rise to any fiduciary or equitable duties on our part or that of our Group Companies. You agree that nothing contained in these Terms shall create any fiduciary, trustee, agency, joint venture or partnership relationship between us or any Group Company of ours, on the one hand, and you or any Group Company of yours on the other.
4.11 Where applicable, before opening an account for you, we will need to assess, based on your knowledge and experience, whether the type of margined trading you wish to conduct is appropriate for you. We rely on you to provide us with the correct information of your knowledge and experience in connection with the products and services we offer, and you warrant to us that it is accurate and complete.
4.12 On the basis of the information you provide, if we believe the type of margined trading you wish to conduct is not appropriate for you, we will notify you via e-mail during the account opening process.
4.13 Although we have an obligation to assess the appropriateness of our products and services, we have no obligation to monitor your margined trades nor to advise you on the appropriateness of each individual trade you place.
4.14 Depending on your knowledge and experience and the type of Transactions you generally place with us, some of our account types may not be available to you. We reserve the right to close your account or convert your account into a different account type if, acting reasonably, we determine that a different type of account is more appropriate for you. We also reserve the right to change the features and eligibility criteria of our accounts at any time and we will provide prior notification of such changes and as per our internal procedures.
4.15 You acknowledge and agree that you are capable of assessing the merits of and understand and accept the nature and risks of transactions entered into under this Agreement. You also acknowledge and agree that you do not rely on advice from INGOT Brokers (or its Affiliates) in relation to the merits of any such transaction.
Appears in 2 contracts
Samples: Client Agreement, Client Agreement
Our Services. 4.1 Subject PLEASE BE ADVISED THAT WE ARE NOT A PARTY TO ANY OTHER TRANSACTION. We do not offer or sell any products described on the Site. Instead, the Site acts as a venue to these Terms allow the 3rd party, you, who are customers of our Site (each, a "Provider") to offer for sale and sell, in a variety of different formats, to potential consumers (each, a "Prospect", and all Prospects and Providers are collectively called the acceptance Site's "users") who have visited one of your application our affiliated sites and applied to open receive said products or other authorized quotations from a Provider (the "Service"). We are not involved in the actual transaction between any Prospect and any Provider even though we may, through our affiliate sites, and with each Prospect's authorization, collect certain information (collectively, a "Lead") about any Prospect and sell such Lead to a Provider. As a result, the quality, safety or legality of the products offered by any Provider for sale, the truth or accuracy of the representations regarding such products, the ability of Providers to offer or sell such products or the ability of Prospects to pay for the products offered are solely the responsibility of each user. We are an account with usindependent contractor for all purposes. Importantly, we will maintain one do not issue contracts or more accounts bind coverage to your customers. We are not responsible in your name and will any way for the conduct of any Prospect or Provider. We do not endorse or recommend any companies or products. We do not provide you with execution-only dealing services in relation to leveraged Forex contracts (“FX”) and Contracts for Difference (“CFDs”) where the underlying investments insurance, tax, legal or products shall primarily be foreign exchange contracts. Our offering will also include any other financial products we may offer through the Online Facility from time to time (“Services”).
4.2 Orders for execution of a Transaction, unless otherwise agreed by us, are to be given to us electronically through our Online Facility to Buy at the quoted offer price (“long position”) or Sell at the quoted bid price (“short position”) for the relevant Reference Asset.
4.3 advice. We may receive and transmit orders or deal as agent on your behalf (as a riskless principal, matched principal or otherwise) only for the purposes do not guarantee that any of the execution of transactions.
4.4 You acknowledge and Providers to whom we forward any Prospect's application will contact such Prospect or agree that unless otherwise agreed in a formal written instrument you will not be entitled to delivery of, or be required to deliver, any Reference Asset nor will you acquire any interest in any Reference Asset.
4.5 You acknowledge and agree that we have provide the right to close any Transaction in our sole and absolute discretion without notice.
4.6 We will not provide you Prospect with (and will not be under any duty to provide) any advice on the merits of a particular Transaction or provide you with personal recommendations (as defined by the CMA) in relation to any Transaction.
4.7 This means that you should make your own assessment of any Transaction that desired coverage. If you are considering or of the composition of your account(s) and should not rely on any opinion, research or analysis expressed or published by us or our Group Companies as being a recommendation or advice in relation to that Transaction.
4.8 You should bear in mind that merely explaining the terms of a transaction or investment or its performance characteristics does not itself amount to advice on the merits of the investment. Any decision to invest shall be made solely on the basis of your own understanding and acceptance of the risks involved.
4.9 Any legal, accounting, tax or other adviser retained by us shall be the legal, accounting, tax or other adviser to us alone. You have the sole responsibility for selecting, retaining and remunerating any legal, accounting, tax or other adviser that may advise you. We or any of our Group Companies or any legal, accounting, tax or other adviser retained by us will in no circumstances be deemed to be a provider of legal, accounting, tax or other advice to you, any Group Company of yours or any other person.
4.10 Provision of the Services will not, unless specifically agreed between us in writing, give rise to any fiduciary or equitable duties on our part or that of our Group Companies. You agree that nothing contained in these Terms shall create any fiduciary, trustee, agency, joint venture or partnership relationship between us or any Group Company of ours, on the one hand, Prospect and you would like personal advice or any Group Company of yours on the otherspecific product recommendations, please consult with a qualified professional.
4.11 Where applicable, before opening an account for you, we will need to assess, based on your knowledge and experience, whether the type of margined trading you wish to conduct is appropriate for you. We rely on you to provide us with the correct information of your knowledge and experience in connection with the products and services we offer, and you warrant to us that it is accurate and complete.
4.12 On the basis of the information you provide, if we believe the type of margined trading you wish to conduct is not appropriate for you, we will notify you via e-mail during the account opening process.
4.13 Although we have an obligation to assess the appropriateness of our products and services, we have no obligation to monitor your margined trades nor to advise you on the appropriateness of each individual trade you place.
4.14 Depending on your knowledge and experience and the type of Transactions you generally place with us, some of our account types may not be available to you. We reserve the right to close your account or convert your account into a different account type if, acting reasonably, we determine that a different type of account is more appropriate for you. We also reserve the right to change the features and eligibility criteria of our accounts at any time and we will provide prior notification of such changes and as per our internal procedures.
4.15 You acknowledge and agree that you are capable of assessing the merits of and understand and accept the nature and risks of transactions entered into under this Agreement. You also acknowledge and agree that you do not rely on advice from INGOT Brokers (or its Affiliates) in relation to the merits of any such transaction.
Appears in 1 contract
Samples: Terms of Service
Our Services. 4.1 Subject a) You may enjoy the services provide by us after account registration via App and Web. The services include but not limited to: -to make the App and Web available to these Terms all Users, to browse and view our App and Web, to view the acceptance of your application uploaded photos and contents made available on our App and Web by Users, to open an account with answer questions posted to us, we will maintain one or more accounts in your name and will provide you with execution-only dealing services in relation to leveraged Forex contracts (“FX”) and Contracts for Difference (“CFDs”) where the underlying investments or products shall primarily be foreign exchange contracts. Our offering will also include any other financial products we may offer through the Online Facility from time to time (“Services”).
4.2 Orders for execution of a Transaction, unless otherwise agreed by us, b) You acknowledge that all information and contents uploaded in the App and Web are presumed to be given to us electronically through our Online Facility to Buy at the quoted offer price (“long position”) accurate as reflecting information as per contents uploaded by each Auction House or Sell at the quoted bid price (“short position”) for the relevant Reference Assetany Authorized Party.
4.3 We may receive and transmit orders or deal as agent on your behalf (as a riskless principal, matched principal or otherwisec) only for the purposes of the execution of transactions.
4.4 You acknowledge and agree that unless otherwise agreed all information contain or indicate in the uploaded contents are provided by Auction Houses and/ or third party Ancillary Service Providers. You further agree that you shall not hold us accountable for any inaccuracy and the incompleteness of the information as reflected in the auction lists stipulates by Auction House and the information is not conclusive and shall strictly be used only as reference only. In furtherance thereto, we have no control over the quality, safety, or legality of the items advertised, the truth or accuracy of the listings, or the ability of the Auction House to sell and the ability of buyers to buy items. We also do not ensure or guarantee that a formal written instrument buyer or seller will actually complete a transaction.
d) In the event that you will not be entitled to delivery have a dispute with an Auction House, you hereby release E-Biddi (including our shareholders, members, partners, officers, directors, employees, agents, parent, subsidiaries, affiliates, joint venturers, and successors and assigns) from causes of action, suits, claims, demands, judgments, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or be required to deliver, any Reference Asset nor will you acquire any interest in any Reference Assetway connected with, such disputes.
4.5 e) You acknowledge and agree that we E-Biddi shall have no responsibility to maintain the right records contained in your registered account upon the completion each transaction, subject to close any Transaction in our sole system limitations and absolute discretion without noticefurther notice of E-Biddi.
4.6 We will not provide you with (and will not be under f) Users shall refer only to the dispute resolution process stipulated in this Agreement for any duty attempt to provide) resolve any advice on the merits of a particular Transaction or provide you with personal recommendations (as defined by the CMA) in relation to any Transaction.
4.7 This means that you should make your own assessment of any Transaction that you are considering or of the composition of your account(s) and should not rely on any opinion, research or analysis expressed or published by us or our Group Companies as being a recommendation or advice in relation to that Transaction.
4.8 You should bear in mind that merely explaining the terms of a transaction or investment or its performance characteristics does not itself amount to advice on the merits of the investment. Any decision to invest shall be made solely on the basis of your own understanding and acceptance of the risks involved.
4.9 Any legal, accounting, tax or other adviser retained by us shall be the legal, accounting, tax or other adviser to us alone. You have the sole responsibility for selecting, retaining and remunerating any legal, accounting, tax or other adviser that may advise you. We or any of our Group Companies or any legal, accounting, tax or other adviser retained by us will in no circumstances be deemed to be a provider of legal, accounting, tax or other advice to you, any Group Company of yours or any other person.
4.10 Provision of the Services will not, unless specifically agreed between us in writing, give rise to any fiduciary or equitable duties on our part or that of our Group Companies. You agree that nothing contained in these Terms shall create any fiduciary, trustee, agency, joint venture or partnership relationship between us or any Group Company of ours, on the one hand, and you or any Group Company of yours on the other.
4.11 Where applicable, before opening an account for you, we will need to assess, based on your knowledge and experience, whether the type of margined trading you wish to conduct is appropriate for you. We rely on you to provide us with the correct information of your knowledge and experience in connection with the products and services we offer, and you warrant to us that it is accurate and complete.
4.12 On the basis of the information you provide, if we believe the type of margined trading you wish to conduct is not appropriate for you, we will notify you via e-mail during the account opening process.
4.13 Although we have an obligation to assess the appropriateness of our products and services, we have no obligation to monitor your margined trades nor to advise you on the appropriateness of each individual trade you place.
4.14 Depending on your knowledge and experience and the type of Transactions you generally place with us, some of our account types may not be available to you. We reserve the right to close your account or convert your account into a different account type if, acting reasonably, we determine that a different type of account is more appropriate for you. We also reserve the right to change the features and eligibility criteria of our accounts at any time and we will provide prior notification of such changes and as per our internal procedures.
4.15 You acknowledge and agree that you are capable of assessing the merits of and understand and accept the nature and risks of transactions entered into under disputes arose from this Agreement. You also acknowledge and agree that you do not rely on advice from INGOT Brokers (or its Affiliates) in relation to the merits of any such transaction.
Appears in 1 contract
Samples: Terms and Conditions
Our Services. 4.1 Subject to these Terms 3.1 We are in the business of providing brokerage services in certain financial, commodity and the acceptance of your application to open an account with us, we will maintain one or more accounts shipping markets. We provide advice and arrange deals in your name and will provide you with execution-only dealing services investments in relation to leveraged Forex contracts (“FX”) for difference, options, futures and Contracts for Difference (“CFDs”) where the underlying investments or products shall primarily be foreign exchange contracts. Our offering will also include any other financial products we may offer through the Online Facility from time to time swaps as well as physical ship broking and commodity Trades (“Services”)) and such Services may be varied by Us from time to time. We do not execute transactions as principal or agent. Nothing in this Agreement is intended to, nor shall be deemed to, constitute Us as Your agent when broking transactions, or authorise Us to enter into any transactions on Your behalf.
4.2 Orders for execution 3.2 Unless You otherwise indicate to Us in writing, We shall assume that, in connection with the provision of a TransactionServices, unless otherwise agreed by usthere are no restrictions to the type of transactions We may arrange on Your behalf, nor are there any restrictions in relation to the markets on which such transactions may be given effected. Transactions We arrange may be executed on any Trading Venue, third country venue or on an "over-the-counter" basis, as applicable 2 .
3.3 You acknowledge that FIS does not deal with retail customers. In this respect, FIS is entitled to us electronically through our Online Facility to Buy at assume that You have the quoted offer price necessary and appropriate level of experience, knowledge and expertise of the Services (“long position”) or Sell at the quoted bid price (“short position”including all products, transactions and advice) for which You instruct us and that You are aware and accept all associated risks in connection with the relevant Reference Assetsame.3
3.4 Where you have initiated the relationship with FIS UK under the reverse solicitation rules and agree to obtain Our Services from time to time, you agree that local protections obtained in your host state will not apply as the United Kingdom is not a member of the EEA.
4.3 3.5 Pursuant to this Agreement, We may receive shall use reasonable care and transmit orders or deal as agent on your behalf (as a riskless principal, matched principal or otherwise) only for skill to provide the purposes of Services to You in accordance with Our permission granted by the execution of transactionsFCA.
4.4 You acknowledge and agree that unless otherwise agreed 3.6 Where you use FIS’ services in a formal written instrument you non-MiFID business, such services will not be entitled regulated under MiFID II. This means that FIS does not owe a ‘best execution’ obligation, and you cannot rely on FIS to delivery of, or be required protect your interests in relation to deliver, any Reference Asset nor will you acquire any interest in any Reference Asset.
4.5 You acknowledge the pricing and agree that we have the right to close any Transaction in our sole and absolute discretion without notice.
4.6 We will not provide you with (and will not be under any duty to provide) any advice on the merits other elements of a particular Transaction transaction in Financial Instruments, such as costs, speed or provide you with personal recommendations (as defined by the CMA) likelihood of execution and settlement. This also includes access to Financial Ombudsman Service or FSCS in relation to any Transactiondisputes and/or compensation.
4.7 This means that you should make your own assessment 3.7 To enable Us to effectively provide the Services to You, You shall do or procure the doing of any Transaction that you are considering all acts and things as reasonably required or requested by Us and execute or procure the execution of the composition of your account(s) and should not rely on any opinion, research or analysis expressed or published by us or our Group Companies all such documents as being a recommendation or advice in relation to that Transactionis reasonably necessary.
4.8 You should bear in mind that merely explaining 3.8 This Agreement applies to all methods or mechanisms used to provide the terms of a transaction or investment or its performance characteristics does not itself amount to advice on the merits of the investment. Any decision to invest shall be made solely on the basis of your own understanding Services, including, where applicable, electronic mechanisms and acceptance of the risks involvedsystems.
4.9 Any legal3.9 You agree that even though We have entered into these Terms, accounting, tax or other adviser retained by us shall be the legal, accounting, tax or other adviser to us alone. You have the sole responsibility for selecting, retaining and remunerating We may refrain from providing any legal, accounting, tax or other adviser that may advise you. We or any of our Group Companies or any legal, accounting, tax or other adviser retained by us will in no circumstances be deemed to be a provider of legal, accounting, tax or other advice to you, any Group Company of yours or any other person.
4.10 Provision of the Services will not, unless specifically agreed between us in writing, give rise to any fiduciary or equitable duties on our part or that until all of our Group Companies. You agree that nothing contained in these Terms shall create any fiduciary, trustee, agency, joint venture or partnership relationship between us or any Group Company of ours, on the one hand, and you or any Group Company of yours on the other.
4.11 Where applicable, before opening an account for you, we will need to assess, based on your knowledge and experience, whether the type of margined trading you wish to conduct is appropriate for you. We rely on you to provide us with the correct information of your knowledge and experience in connection with the products and services we offer, and you warrant to us that it is accurate and complete.
4.12 On the basis of the information you provide, if we believe the type of margined trading you wish to conduct is not appropriate for you, we will notify you via e-mail during the account opening process.
4.13 Although we Our internal procedures have an obligation to assess the appropriateness of our products and services, we have no obligation to monitor your margined trades nor to advise you on the appropriateness of each individual trade you place.
4.14 Depending on your knowledge and experience been completed and the type of Transactions you generally place with us, some of our account types may necessary internal approvals obtained. Such internal procedures shall include (but not be available limited to) Your providing Us with all appropriate and sufficient documentation to you. We reserve the right allow Us to close your account or convert your account into a different account type if, acting reasonably, we determine that a different type satisfy all of account is more appropriate for you. We also reserve the right to change the features and eligibility criteria of our accounts at any time and we will provide prior notification of such changes and as per our internal proceduresOur due diligence obligations.
4.15 You acknowledge and agree that you are capable of assessing the merits of and understand and accept the nature and risks of transactions entered into under this Agreement. You also acknowledge and agree that you do not rely on advice from INGOT Brokers (or its Affiliates) in relation to the merits of any such transaction.
Appears in 1 contract
Samples: Terms of Business
Our Services. 4.1 Subject to these Terms and the acceptance of your application to open an account with us, we will maintain one or more accounts in your name and will provide you with execution-only dealing services in relation to leveraged Forex contracts in Foreign Exchange (“FX”) and Contracts for Difference (“CFDs”) where the underlying investments or products shall primarily be include foreign exchange contracts, metals, equity indices and commodities. Our offering will also include any other financial products we may offer through the Online Facility from time to time (“the Services”).
4.2 Orders for execution of a Transaction, unless otherwise agreed by us, are to be given to us electronically through our Online Facility to Buy buy at the quoted offer price (“long position”) or Sell sell at the quoted bid price (“short position”) for the relevant Reference Asset.
4.3 We may receive and transmit orders or deal as agent on your behalf (as a riskless principal, matched principal or otherwise) only for the purposes of the execution of transactions.
4.4 You acknowledge and agree that unless otherwise agreed in a formal written instrument you will not be entitled to delivery of, or be required to deliver, any Reference Asset nor will you acquire any interest in any Reference Asset.
4.5 4.4 You acknowledge and agree that we have the right to close any Transaction in our sole and absolute discretion without notice.
4.6 4.5 We will not provide you with (and will not be under any duty to provide) any advice on the merits of a particular Transaction transaction or provide you with personal recommendations (as defined by the CMA) in relation to any Transaction.
4.7 transaction. This means that you should make your own assessment of any Transaction transaction that you are considering or of the composition of your account(s) and should not rely on any opinion, research or analysis expressed or published by us or our Group Companies as being a recommendation or advice in relation to that Transactiontransaction.
4.8 You should bear in mind that merely explaining the terms of a transaction or investment or its performance characteristics does not itself amount to advice on the merits of the investment. Any decision to invest shall be made solely on the basis of your own understanding and acceptance of the risks involved.
4.9 4.6 Any legal, accounting, tax or other adviser retained by us shall be the legal, accounting, tax or other adviser to us alone. You have the sole responsibility for selecting, retaining and remunerating any legal, accounting, tax or other adviser that may advise you. We or any of our Group Companies or any legal, accounting, tax or other adviser retained by us will in no circumstances be deemed to be a provider of legal, accounting, tax or other advice to you, any Group Company of yours or any other person.
4.10 4.7 Provision of the Services will not, unless specifically agreed between us in writing, give rise to any fiduciary or equitable duties on our part or that of our Group Companies. You agree that nothing contained in these Terms shall create any fiduciary, trustee, agency, joint venture or partnership relationship between us or any Group Company of ours, on the one hand, and you or any Group Company of yours on the other.
4.11 Where applicable, before opening an account for you, we will need to assess, based on your knowledge and experience, whether the type of margined trading you wish to conduct is appropriate for you. We rely on you to provide us with the correct information of your knowledge and experience in connection with the products and services we offer, and you warrant to us that it is accurate and complete.
4.12 On the basis of the information you provide, if we believe the type of margined trading you wish to conduct is not appropriate for you, we will notify you via e-mail during the account opening process.
4.13 Although we have an obligation to assess the appropriateness of our products and services, we have no obligation to monitor your margined trades nor to advise you on the appropriateness of each individual trade you place.
4.14 Depending on your knowledge and experience and the type of Transactions you generally place with us, some of our account types may not be available to you. We reserve the right to close your account or convert your account into a different account type if, acting reasonably, we determine that a different type of account is more appropriate for you. We also reserve the right to change the features and eligibility criteria of our accounts at any time and we will provide prior notification of such changes and as per our internal procedures.
4.15 You acknowledge and agree that you are capable of assessing the merits of and understand and accept the nature and risks of transactions entered into under this Agreement. You also acknowledge and agree that you do not rely on advice from INGOT Brokers (or its Affiliates) in relation to the merits of any such transaction.Forex River Ltd. / Client agreement
Appears in 1 contract
Samples: Client Agreement
Our Services. 4.1 Subject 2.1 We must classify our clients as retail clients, professional clients, or eligible counterparties. Different levels of regulatory protection apply to these Terms and the acceptance of your application to open an account with useach. Unless we advise you otherwise, we have classified you as a retail client and you will maintain one or more accounts be afforded the highest level of protection. In the event of an unresolved dispute you will have a right of referral to the Financial Ombudsman Service ("FOS") and may be entitled to benefit from the maximum protection available under the Financial Services Compensation Scheme ("FSCS").
2.2 Under the rules outlined in your name the FCA Conduct of Business Sourcebook you may request to be re-classified as a professional client. However, if you do, and we agree to this re-classification, you will be entitled to a lower level of regulatory protection than you would receive as a retail client.
2.3 We will provide you with a discretionary, advisory or execution-only dealing services service, as directed by you, in relation to leveraged Forex contracts (“FX”) shares in United Kingdom or overseas companies and Contracts for Difference (“CFDs”) where the underlying investments or products shall primarily be foreign exchange contracts. Our offering will also include in any other financial products investments in which we may offer through the Online Facility from time agree to time (“Services”)deal for you.
4.2 Orders for execution of 2.4 Where we provide you with a Transactiondiscretionary management service, unless otherwise agreed by us, are we have full authority to be given manage your account and to us electronically through our Online Facility to Buy at the quoted offer price (“long position”) or Sell at the quoted bid price (“short position”) for the relevant Reference Asset.
4.3 We may receive and transmit orders or deal enter into transactions as agent on your behalf (as a riskless principalat our discretion and without reference to you. We will agree with you your investment objectives, matched principal or otherwise) only for the purposes types of investments that may be held in your account and the execution types of transactionstransaction that may be carried out including any limits.
4.4 You acknowledge 2.5 We are a restricted adviser which means we primarily limit our advice to investing in instruments such as equities, ETFs and agree that unless otherwise agreed in a formal written instrument you will not be entitled to delivery of, or be required to deliver, any Reference Asset nor will you acquire any interest in any Reference Assetother securities traded on exchanges.
4.5 You acknowledge and agree that we have the right to close any Transaction in our sole and absolute discretion without notice.
4.6 2.6 We will not provide advise you with (and will not be under any duty to provide) any advice on about the merits of a particular Transaction or provide transaction if we reasonably believe that when you with personal recommendations (as defined by give the CMA) in relation to any Transaction.
4.7 This means that you should make your own assessment of any Transaction that order for the transaction, you are considering or of the composition of your account(s) not expecting advice and should not rely are dealing on any opinion, research or analysis expressed or published by us or our Group Companies as being a recommendation or advice in relation to that Transaction.
4.8 You should bear in mind that merely explaining the terms of a transaction or investment or its performance characteristics does not itself amount to advice on the merits of the investmentan execution-only basis. Any decision to invest shall be made solely on the basis of your own understanding and acceptance of the risks involved.
4.9 Any legal, accounting, tax or other adviser retained by us shall be the legal, accounting, tax or other adviser to us alone. You have the sole responsibility for selecting, retaining and remunerating any legal, accounting, tax or other adviser that may advise you. We or any of our Group Companies or any legal, accounting, tax or other adviser retained by us will in no circumstances be deemed to be a provider of legal, accounting, tax or other advice to you, any Group Company of yours or any other person.
4.10 Provision of the Services will not, unless specifically agreed between us in writing, give rise to any fiduciary or equitable duties on our part or that of our Group Companies. You agree that nothing contained in these Terms shall create any fiduciary, trustee, agency, joint venture or partnership relationship between us or any Group Company of ours, on the one hand, If this happens and you or any Group Company of yours on the other.
4.11 Where applicable, before opening normally receive an account for youadvisory service, we will need to assess, based advise you at the time of dealing that we are executing that particular order on your knowledge and experience, whether the type of margined trading an execution-only basis.
2.7 Where you wish to conduct provide us with orders on an execution-only basis in instruments other than those considered non- complex, we will be obligated under FCA Rules to assess whether the investment is appropriate for you. We rely on will provide you with a warning in the event that we consider the investment to be inappropriate for you. You may still request us to execute the order, but we may decline to do so depending upon the circumstances.
2.8 Where we provide you with a service which entails us with the correct information as acting as an introducing broker to another financial institution, you will become a client of your knowledge that other financial institution and experience be subject to their terms of business. Any commissions or fees earned by us in connection with these services will be disclosed to you.
2.9 When we provide you with a service, we will take into account the products and services we offerwritten information provided by you on our Application Form, and you warrant or other information supplied to us applicable to the level of service that it is accurate we will provide. This may include information with regard to your investment objectives, acceptable level of risk, capacity for loss and complete.
4.12 On the basis of the information you provide, if we believe the type of margined trading any restrictions you wish to conduct place generally or specifically on the extent of our advice, dealing or exercise of discretion. If this information is incorrect or if you wish to discuss it or amend it, you must notify us as soon as possible. We will confirm, in writing, any amendments made to the information held in our records. We are entitled to rely upon any information which you provide to us, unless we are aware or ought to be aware that the information is manifestly out of date, inaccurate or incomplete.
2.10 Please tell us about any investments or types of investments which you do not appropriate wish us to recommend to you or purchase for you. If you do not, we may recommend to you, or purchase for you, any investments which we believe on reasonable grounds are suitable for you.
2.11 All dealings with or for you are subject to the rules, provisions and usages of the markets, exchanges and associations being used for the trading of your account.
2.12 When we accept a current order from you, we will notify you via e-mail during seek to execute it as soon as reasonably practicable in the account opening processcircumstances in accordance with FCA Rules. We may postpone execution of an order where we believe on reasonable grounds that it is in your best interests to do so.
4.13 Although we have an obligation 2.13 When executing orders, will take steps to assess obtain the appropriateness of our products and servicesbest possible result for you, we have no obligation to monitor your margined trades nor to advise you on in accordance with the appropriateness of each individual trade you placeFCA Rules.
4.14 Depending on your knowledge and experience and the type 2.14 You confirm that you consent to our order execution policy, a copy of Transactions which has been provided. In particular, you generally place with us, some agree that we may trade outside of our account types may not be available to you. We reserve the right to close your account or convert your account into a different account type if, acting reasonably, we determine that a different type of account is more appropriate for you. We also reserve the right to change the features and eligibility criteria of our accounts at any time and we will provide prior notification of such changes and as per our internal proceduresregulated trading venue.
4.15 2.15 You acknowledge and agree that you are capable of assessing the merits of and understand and accept the nature and risks of transactions entered into under this Agreement. You also acknowledge and agree that you do not rely on advice from INGOT Brokers (or its Affiliates) specific instructions in relation to the merits execution of orders may prevent us from following our order execution policy.
2.16 In accepting your order, we do not warrant or represent that it will be possible to execute your order at all or that execution will be possible within the terms of your instructions.
2.17 You instruct us not to make public client limit orders in respect of shares admitted to trading on a regulated market or traded on a regulated trading venue which are not immediately executed under prevailing market conditions. A client limit order is an order to buy or sell a financial instrument at its specified price limit or better and for a specified size.
2.18 We may at any time refuse to accept an order from you or, having accepted an order, refuse to act on it. We do not have to give you the reasons for this. Orders accepted for immediate execution cannot be changed or cancelled by you.
2.19 We may combine your order with our own orders and orders of other customers where it is unlikely that the aggregation will operate to the disadvantage of any such transactionof the customers whose orders have been aggregated. However, on occasion the effect of aggregation may result in you obtaining a less favourable price or other disadvantage. We have an order allocation policy, providing for the fair allocation of aggregated orders and transactions.
2.20 We will not lend your investments or borrow investments on your behalf.
2.21 Where you wish to hold your investments in an ISA or a SIPP, you will be asked to sign up to separate terms of business by the ISA or SIPP provider, as appropriate.
2.22 We may from time to time telephone you without your express invitation to discuss your investments (for example where there have been movements in the share price), and you agree that we may do so. We may also email you about your investments.
Appears in 1 contract
Samples: Customer Agreement
Our Services. 4.1 Subject to these Terms and the acceptance of your application to open an account with us, we will maintain one or more accounts in your name and will provide you with execution-only dealing services in relation to leveraged Forex contracts (“FX”) and Contracts for Difference (“CFDs”) where the underlying investments or products shall primarily be include foreign exchange contracts, metals, equity indices and commodities. Our offering will also include any other financial products we may offer through the Online Facility from time to time (“Services”).
4.2 . Orders for execution of a Transaction, unless otherwise agreed by us, are to be given to us electronically through our Online Facility to Buy at the quoted offer price (“long position”) or Sell at the quoted bid price (“short position”) for the relevant Reference Asset.
4.3 . We may receive and transmit orders or deal as agent on your behalf (as a riskless principal, matched principal or otherwise) only for the purposes of the execution of transactions.
4.4 . You acknowledge and agree that unless otherwise agreed in a formal written instrument you will not be entitled to delivery of, or be required to deliver, any Reference Asset nor will you acquire any interest in any Reference Asset.
4.5 . You acknowledge and agree that we have the right to close any Transaction in our sole and absolute discretion without notice.
4.6 . We will not provide you with (and will not be under any duty to provide) any advice on the merits of a particular Transaction or provide you with personal recommendations (as defined by the CMA) in relation to any Transaction.
4.7 . This means that you should make your own assessment of any Transaction that you are considering or of the composition of your account(s) and should not rely on any opinion, research or analysis expressed or published by us or our Group Companies as being a recommendation or advice in relation to that Transaction.
4.8 . You should bear in mind that merely explaining the terms of a transaction or investment or its performance performan ce characteristics does not itself amount to advice on the merits of the investment. Any decision to invest shall be made solely on the basis of your own understanding and acceptance of the risks involved.
4.9 Any legal, accounting, tax or other adviser retained by us shall be the legal, accounting, tax or other adviser to us alone. You have the sole responsibility for selecting, retaining and remunerating any legal, accounting, tax or other adviser that may advise you. We or any of our Group Companies or any legal, accounting, tax or other adviser retained by us will in no circumstances be deemed to be a provider of legal, accounting, tax or other advice to you, any Group Company of yours or any other person.
4.10 . Provision of the Services will not, unless specifically agreed between us in writing, give rise to any fiduciary or equitable duties on our part or that of our Group Companies. You agree that nothing contained in these Terms shall create any fiduciary, trustee, agency, joint venture or partnership relationship between us or any Group Company of ours, on the one hand, and you or any Group Company of yours on the other.
4.11 Where applicable, before . Before opening an account for you, we will need to assess, based on your knowledge and experience, whether the type of margined trading you wish to conduct is appropriate for you. We rely on you to provide us with the correct information of your knowledge and experience in connection with the products and services we offer, and you warrant to us that it is accurate and complete.
4.12 . On the basis of the information you provide, if we believe the type of margined trading you wish to conduct is not appropriate for you, we will notify you via e-mail during the account opening process.
4.13 . Although we have an obligation to assess the appropriateness of our products and services, we have no obligation to monitor your margined trades nor to advise you on the appropriateness of each individual trade you place.
4.14 . Depending on your knowledge and experience and the type of Transactions you generally place with us, some of our account types may not be available to you. We reserve the right to close your account or convert your account into a different account type if, acting reasonably, we determine that a different type of account is more appropriate for you. We also reserve the right to change the features and eligibility criteria of our accounts at any time and we will provide prior notification of such changes and as per our internal procedures.
4.15 changes. You acknowledge and agree that you are capable of assessing the merits of and understand and accept the nature and risks of transactions entered into under this Agreement. You also acknowledge and agree that you do not rely on advice from INGOT Brokers EGM (or its Affiliates) in relation to the merits of any such transaction.
Appears in 1 contract
Samples: Business to Client (B2c) Agreement
Our Services. 4.1
6.1 Subject to these Terms and the acceptance of your application to open an account with us, we will maintain one or more accounts in your name and will provide you with execution-only dealing services in relation to leveraged Forex contracts in Foreign Exchange (“FX”) and Contracts for Difference (“CFDs”) where the underlying investments or products shall primarily be include foreign exchange contracts, metals, equity indices and commodities. Our offering will also include any other financial products we may offer through the Online Facility from time to time (the “Services”).
4.2 6.2 Orders for execution of a Transaction, unless otherwise agreed by us, are to be given to us electronically through our Online Facility to Buy buy at the quoted offer price (“long position”) or Sell sell at the quoted bid price (“short position”) for the relevant Reference Asset.
4.3 We may receive and transmit orders or deal as agent on your behalf (as a riskless principal, matched principal or otherwise) only for the purposes of the execution of transactions.
4.4 6.3 You acknowledge and agree that unless otherwise agreed in a formal written instrument you will not be entitled to delivery of, or be required to deliver, any Reference Asset nor will you acquire any interest in any Reference Asset.
4.5 6.4 You acknowledge and agree that we have the right to close any Transaction in our sole and absolute discretion without notice.
4.6 6.5 We will not provide you with (and will not be under any duty to provide) any advice on the merits of a particular Transaction or provide you with personal recommendations (as defined by the CMAFCA) in relation to any Transaction.
4.7 . This means that you should make your own assessment of any Transaction that you are considering or of the composition of your account(s) and should not rely on any opinion, research or analysis expressed or published by us or our Group Companies as being a recommendation or advice in relation to that Transaction.
4.8 You should bear in mind that merely explaining the terms of a transaction or investment or its performance characteristics does not itself amount to advice on the merits of the investment. Any decision to invest shall be made solely on the basis of your own understanding and acceptance of the risks involved.
4.9 6.6 Any legal, accounting, tax or other adviser retained by us shall be the legal, accounting, tax or other adviser to us alone. You have the sole responsibility for selecting, retaining and remunerating any legal, accounting, tax or other adviser that may advise you. We or any of our Group Companies or any legal, accounting, tax or other adviser retained by us will in no circumstances be deemed to be a provider of legal, accounting, tax or other advice to you, any Group Company of yours or any other person.
4.10 6.7 Provision of the Services will not, unless specifically agreed between us in writing, give rise to any fiduciary or equitable duties on our part or that of our Group Companies. You agree that nothing contained in these Terms shall create any fiduciary, trustee, agency, joint venture or partnership relationship between us or any Group Company of ours, on the one hand, and you or any Group Company of yours on the other.
4.11 Where applicable, before 6.8 Before opening an account for you, we will need to assess, based on your knowledge and experience, whether the type of margined trading you wish to conduct is appropriate for you. We rely on you to provide us with the correct information of your knowledge and experience in connection with the products and services we offer, offer and you warrant to us that it is accurate and complete.
4.12 6.9 On the basis of the information you provide, if we believe the type of margined trading you wish to conduct is not appropriate for you, you we will notify you via e-mail during the account opening process.
4.13 6.10 Although we have an obligation to assess the appropriateness of our products and services, we have no obligation to monitor your margined trades nor to advise you on the appropriateness of each individual trade you place.
4.14 6.11 Depending on your knowledge and experience and the type of Transactions you generally place with us, some of our these account types may not be available to you. We reserve the right to close your account or convert your account into a different account type if, acting reasonably, we determine that a different type of account is more appropriate for you. We also reserve the right to change the features and eligibility criteria of our accounts at any time and we will provide prior notification of such changes and as per our internal procedureschanges.
4.15 You acknowledge and agree that you are capable of assessing the merits of and understand and accept the nature and risks of transactions entered into under this Agreement. You also acknowledge and agree that you do not rely on advice from INGOT Brokers (or its Affiliates) in relation to the merits of any such transaction.
Appears in 1 contract
Samples: Client Agreement
Our Services. 4.1 Subject to these Terms and the acceptance of your application to open an account with us, we will maintain one or more accounts in your name and will provide you with execution-only dealing services in relation to leveraged Forex contracts (“FX”) and Contracts for Difference (“CFDs”) where the underlying investments or products shall primarily be include foreign exchange contracts, metals, equity indices and commodities. Our offering will also include any other financial products we may offer through the Online Facility from time to time (“Services”).
4.2 . Orders for execution of a Transaction, unless otherwise agreed by us, are to be given to us electronically through our Online Facility to Buy buy at the quoted offer price (“long position”) or Sell sell at the quoted bid price (“short position”) for the relevant Reference Asset.
4.3 . We may receive and transmit orders or deal as agent on your behalf (as a riskless principal, matched principal or otherwise) only for the purposes of the execution of transactions.
4.4 . You acknowledge and agree that unless otherwise agreed in a formal written instrument you will not be entitled to delivery of, or be required to deliver, any Reference Asset nor will you acquire any interest in any Reference Asset.
4.5 . You acknowledge and agree that we have the right to close any Transaction in our sole and absolute discretion without notice.
4.6 . We will not provide you with (and will not be under any duty to provide) any advice on the merits of a particular Transaction or provide you with personal recommendations (as defined by the CMA) in relation to any Transaction.
4.7 . This means that you should make your own assessment of any Transaction that you are considering or of the composition of your account(s) and should not rely on any opinion, research or analysis expressed or published by us or our Group Companies as being a recommendation or advice in relation to that Transaction.
4.8 . You should bear in mind that merely explaining the terms of a transaction or investment or its performance characteristics does not itself amount to advice on the merits of the investment. Any decision to invest shall be made solely on the basis of your own understanding and acceptance of the risks involved.
4.9 Any legal, accounting, tax or other adviser retained by us shall be the legal, accounting, tax or other adviser to us alone. You have the sole responsibility for selecting, retaining and remunerating any legal, accounting, tax or other adviser that may advise you. We or any of our Group Companies or any legal, accounting, tax or other adviser retained by us will in no circumstances be deemed to be a provider of legal, accounting, tax or other advice to you, any Group Company of yours or any other person.
4.10 . Provision of the Services will not, unless specifically agreed between us in writing, give rise to any fiduciary or equitable duties on our part or that of our Group Companies. You agree that nothing contained in these Terms shall create any fiduciary, trustee, agency, joint venture or partnership relationship between us or any Group Company of ours, on the one hand, and you or any Group Company of yours on the other.
4.11 Where applicable, before . Before opening an account for you, we will need to assess, based on your knowledge and experience, whether the type of margined trading you wish to conduct is appropriate for you. We rely on you to provide us with the correct information of your knowledge and experience in connection with the products and services we offer, and you warrant to us that it is accurate and complete.
4.12 . On the basis of the information you provide, if we believe the type of margined trading you wish to conduct is not appropriate notappropriate for you, we will notify you via e-mail during the account opening process.
4.13 . Although we have an obligation to assess the appropriateness of our products and services, we have no obligation to monitor your margined trades nor to advise you on the appropriateness of each individual trade you place.
4.14 . Depending on your knowledge and experience and the type of Transactions you generally place with us, some of our account types may not be available to you. We reserve the right to close your account or convert your account into a different account type if, acting reasonably, we determine that a different type of account is more appropriate for you. We also reserve the right to change the features and eligibility criteria of our accounts at any time anytime and we will provide prior notification of such changes and as per our internal procedures.
4.15 changes. You acknowledge and agree that you are capable of assessing the merits of and understand and accept the nature and risks of transactions entered into under this Agreement. You also acknowledge and agree that you do not rely on advice from INGOT Brokers Equiti Seychelles (or its Affiliates) in relation to the merits of any such transaction.
Appears in 1 contract
Samples: Client Agreement
Our Services. 4.1 Subject to these Terms 3.1 We are in the business of providing brokerage services in certain financial, commodity and the acceptance of your application to open an account with us, we will maintain one or more accounts shipping markets. We provide advice and arrange deals in your name and will provide you with execution-only dealing services investments in relation to leveraged Forex contracts (“FX”) for difference, options, futures and Contracts for Difference (“CFDs”) where the underlying investments or products shall primarily be foreign exchange contracts. Our offering will also include any other financial products we may offer through the Online Facility from time to time swaps as well as physical ship broking and commodity Trades (“Services”)) and such Services may be varied by Us from time to time. We do not execute transactions as principal or agent. Nothing in this Agreement is intended to, nor shall be deemed to, constitute Us as Your agent when broking transactions, or authorise Us to enter into any transactions on Your behalf.
4.2 Orders for execution of a Transaction, unless 3.2 Unless You otherwise agreed by us, are indicate to be given to us electronically through our Online Facility to Buy at the quoted offer price (“long position”) or Sell at the quoted bid price (“short position”) for the relevant Reference Asset.
4.3 We may receive and transmit orders or deal as agent on your behalf (as a riskless principal, matched principal or otherwise) only for the purposes of the execution of transactions.
4.4 You acknowledge and agree that unless otherwise agreed in a formal written instrument you will not be entitled to delivery of, or be required to deliver, any Reference Asset nor will you acquire any interest in any Reference Asset.
4.5 You acknowledge and agree that we have the right to close any Transaction in our sole and absolute discretion without notice.
4.6 We will not provide you with (and will not be under any duty to provide) any advice on the merits of a particular Transaction or provide you with personal recommendations (as defined by the CMA) in relation to any Transaction.
4.7 This means that you should make your own assessment of any Transaction that you are considering or of the composition of your account(s) and should not rely on any opinion, research or analysis expressed or published by us or our Group Companies as being a recommendation or advice in relation to that Transaction.
4.8 You should bear in mind that merely explaining the terms of a transaction or investment or its performance characteristics does not itself amount to advice on the merits of the investment. Any decision to invest shall be made solely on the basis of your own understanding and acceptance of the risks involved.
4.9 Any legal, accounting, tax or other adviser retained by us shall be the legal, accounting, tax or other adviser to us alone. You have the sole responsibility for selecting, retaining and remunerating any legal, accounting, tax or other adviser that may advise you. We or any of our Group Companies or any legal, accounting, tax or other adviser retained by us will in no circumstances be deemed to be a provider of legal, accounting, tax or other advice to you, any Group Company of yours or any other person.
4.10 Provision of the Services will not, unless specifically agreed between us Us in writing, give rise to any fiduciary or equitable duties on our part or that of our Group Companies. You agree that nothing contained in these Terms We shall create any fiduciaryassume that, trustee, agency, joint venture or partnership relationship between us or any Group Company of ours, on the one hand, and you or any Group Company of yours on the other.
4.11 Where applicable, before opening an account for you, we will need to assess, based on your knowledge and experience, whether the type of margined trading you wish to conduct is appropriate for you. We rely on you to provide us with the correct information of your knowledge and experience in connection with the products and services we offerprovision of Services, and you warrant there are no restrictions to us that it is accurate and complete.
4.12 On the basis of the information you provide, if we believe the type of margined trading you wish to conduct is not appropriate for youtransactions We may arrange on Your behalf, we will notify you via e-mail during the account opening process.
4.13 Although we have an obligation to assess the appropriateness of our products and services, we have no obligation to monitor your margined trades nor to advise you on the appropriateness of each individual trade you place.
4.14 Depending on your knowledge and experience and the type of Transactions you generally place with us, some of our account types may not be available to you. We reserve the right to close your account or convert your account into a different account type if, acting reasonably, we determine that a different type of account is more appropriate for you. We also reserve the right to change the features and eligibility criteria of our accounts at are there any time and we will provide prior notification of such changes and as per our internal procedures.
4.15 You acknowledge and agree that you are capable of assessing the merits of and understand and accept the nature and risks of transactions entered into under this Agreement. You also acknowledge and agree that you do not rely on advice from INGOT Brokers (or its Affiliates) restrictions in relation to the merits markets on which such transactions may be effected. Transactions We arrange may be executed on any Trading Venue, third country venue or on an "over-the-counter" basis, as applicable 2 .
3.3 You acknowledge that FIS does not deal with retail customers. In this respect, FIS is entitled to assume that You have the necessary and appropriate level of experience, knowledge and expertise of the Services (including all products, transactions and advice) for which You instruct us and that You are aware and accept all associated risks in connection with the same.3
3.4 Where you have initiated the relationship with FIS UK under the reverse solicitation rules and agree to obtain Our Services from time to time, you agree that local protections obtained in your host state will not apply as the United Kingdom is not a member of the EEA.
3.5 Pursuant to this Agreement, We shall use reasonable care and skill to provide the Services to You in accordance with Our permission granted by the FCA.
3.6 To enable Us to effectively provide the Services to You, You shall do or procure the doing of all acts and things as reasonably required or requested by Us and execute or procure the execution of all such documents as is reasonably necessary.
3.7 This Agreement applies to all methods or mechanisms used to provide the Services, including, where applicable, electronic mechanisms and systems.
3.8 You agree that even though We have entered into these Terms, We may refrain from providing any such transactionof the Services until all of Our internal procedures have been completed and the necessary internal approvals obtained. Such internal procedures shall include (but not be limited to) Your providing Us with all appropriate and sufficient documentation to allow Us to satisfy all of Our due diligence obligations.
Appears in 1 contract
Samples: Terms of Business
Our Services. 4.1 Subject to these Terms 2.1 Our services may include but shall not be limited to:
a) Transacting with you and/or on your behalf and/or facilitating and the acceptance of your application to open an account with us, we will maintain one or more accounts in your name and will provide arranging transactions for you with execution-only dealing services in relation to leveraged Forex contracts or through any of our affiliated companies, Xxxxxxxxx Bache Limited (“FXJBL”) and Contracts for Difference in the United Kingdom and/or Xxxxxxxxx Xxxxx, LLC (“CFDsJBLLC”) where in the underlying investments United States and/or Jefferies Hong Kong Limited ("JHKL") in Hong Kong, or products shall primarily be foreign exchange contracts. Our offering will also include any such other financial products associated company within our group as we may offer through the Online Facility from time to time notify you (each of such affiliated or associated companies referred to as a “Jefferies Entity”, and collectively, as the "Jefferies Entities") in respect of securities, futures contracts, OTC commodity derivatives and such other investments as contemplated under this Agreement;
b) opening or assisting you in opening one or more brokerage account(s) (each an “Account”) with either Jefferies Singapore (such account, the "Singapore Account") or the relevant Jefferies Entity (such Account(s) held with a Jefferies Entity, the "Offshore Account");
c) acting as agent for the sales, marketing and arranging of execution of orders for you, with or through a Jefferies Entity, including receiving and transmitting orders and other instructions from you to a Jefferies Entity, as well as instructions to a Jefferies Entity for the execution, clearing, settlement and/or custody of financial futures, options and/or commodity futures transactions effected by you for any of your Account (“Transactions”); (The services described above as provided by us or the Jefferies Entities shall be referred to herein as the “Brokerage Services”). and
d) on your request, providing you with general information and market commentary as may be agreed between Jefferies Singapore and you from time to time.
4.2 Orders for execution 2.2 You may use us as the first point of a Transactioncontact in connection with your Account or the Brokerage Services including, unless otherwise agreed by usbut not limited, are to be given any queries in relation to us electronically through our Online Facility to Buy at the quoted offer price (“long position”) or Sell at the quoted bid price (“short position”) for the relevant Reference Assetyour Account.
4.3 We may receive and transmit orders 2.3 You acknowledge that in respect of the Brokerage Services, we will not advise you or deal as agent exercise any judgement on your behalf (as a riskless principalto the financial, matched principal or otherwise) only for the purposes of the execution of transactions.
4.4 You acknowledge and agree that unless otherwise agreed in a formal written instrument you will not be entitled to delivery of, or be required to deliver, any Reference Asset nor will you acquire any interest in any Reference Asset.
4.5 You acknowledge and agree that we have the right to close any Transaction in our sole and absolute discretion without notice.
4.6 We will not provide you with (and will not be under any duty to provide) any advice on the merits of a particular Transaction or provide you with personal recommendations (as defined by the CMA) in relation to any Transaction.
4.7 This means that you should make your own assessment of any Transaction that you are considering or of the composition of your account(s) and should not rely on any opinion, research or analysis expressed or published by us or our Group Companies as being a recommendation or advice in relation to that Transaction.
4.8 You should bear in mind that merely explaining the terms of a transaction or investment or its performance characteristics does not itself amount to advice on the merits of the investment. Any decision to invest shall be made solely on the basis of your own understanding and acceptance of the risks involved.
4.9 Any legal, accounting, tax or other adviser retained by us shall be consequences of any Transactions we may effect for you. If you are in doubt as to the financial, legal, accounting, tax or other adviser consequences of any Transaction you should obtain your own specialist advice.
2.4 You acknowledge that any information or market commentary that may be provided to us aloneyou under this Agreement is likely to be based on projections at the time such information or market commentary is given, and should not be relied upon by you as a guarantee of any future performance. You have shall be solely responsible for all investment decisions and Transactions effected by you.
2.5 You hereby give explicit permission that any written or oral communications from us or a Jefferies Entity may be sent to you in the sole responsibility for selectingEnglish language, retaining including the documents regarding the opening of the Account, account statements, confirmations, research reports and remunerating any legalother information with respect to your Account and the services provided to you.
2.6 We may, accounting, tax or other adviser that may advise you. We or any of our Group Companies or any legal, accounting, tax or other adviser retained by us will in no circumstances be deemed to be a provider of legal, accounting, tax or other advice without prior notice to you, any Group Company appoint, instruct or otherwise engage the services of yours or any other person.
4.10 Provision of the Services will not, unless specifically agreed between us in writing, give rise a third party to any fiduciary or equitable duties on carry out our part or that of our Group Companies. You agree that nothing contained in these Terms shall create any fiduciary, trustee, agency, joint venture or partnership relationship between us or any Group Company of ours, on the one hand, and you or any Group Company of yours on the other.
4.11 Where applicable, before opening an account for you, we will need to assess, based on your knowledge and experience, whether the type of margined trading you wish to conduct is appropriate for you. We rely on you to provide us with the correct information of your knowledge and experience in connection with the products and services we offer, and you warrant to us that it is accurate and complete.
4.12 On the basis of the information you provide, if we believe the type of margined trading you wish to conduct is not appropriate for you, we will notify you via e-mail during the account opening process.
4.13 Although we have an obligation to assess the appropriateness of our products and services, we have no obligation to monitor your margined trades nor to advise you on the appropriateness of each individual trade you place.
4.14 Depending on your knowledge and experience and the type of Transactions you generally place with us, some of our account types may not be available to you. We reserve the right to close your account or convert your account into a different account type if, acting reasonably, we determine that a different type of account is more appropriate for you. We also reserve the right to change the features and eligibility criteria of our accounts at any time and we will provide prior notification of such changes and as per our internal procedures.
4.15 You acknowledge and agree that you are capable of assessing the merits of and understand and accept the nature and risks of transactions entered into obligations under this Agreement. You also acknowledge and agree that you do not rely on advice from INGOT Brokers (, or its Affiliates) in relation otherwise delegate our obligations arising under this Agreement to the merits of any such transactiona third party.
Appears in 1 contract
Samples: Client Services Agreement
Our Services. 4.1 Subject to these Terms 2.1 We are in the business of providing brokerage services in certain financial, commodity and the acceptance of your application to open an account with us, we will maintain one or more accounts shipping markets. We arrange deals in your name and will provide you with execution-only dealing services investments in relation to leveraged Forex contracts (“FX”) for difference, options, futures and Contracts for Difference (“CFDs”) where the underlying investments or products shall primarily be foreign exchange contracts. Our offering will also include any other financial products we may offer through the Online Facility from time to time swaps as well as physical ship broking and commodity Trades (“Services”)) and such Services may be varied by Us from time to time. We do not execute transactions as principal or agent. Nothing in this Agreement is intended to, nor shall be deemed to, constitute Us as Your agent when broking transactions, or authorize Us to make or enter into any transactions on Your behalf.
4.2 Orders for execution of a Transaction, unless 2.2 Unless You otherwise agreed by us, are indicate to be given to us electronically through our Online Facility to Buy at the quoted offer price (“long position”) or Sell at the quoted bid price (“short position”) for the relevant Reference Asset.
4.3 We may receive and transmit orders or deal as agent on your behalf (as a riskless principal, matched principal or otherwise) only for the purposes of the execution of transactions.
4.4 You acknowledge and agree that unless otherwise agreed in a formal written instrument you will not be entitled to delivery of, or be required to deliver, any Reference Asset nor will you acquire any interest in any Reference Asset.
4.5 You acknowledge and agree that we have the right to close any Transaction in our sole and absolute discretion without notice.
4.6 We will not provide you with (and will not be under any duty to provide) any advice on the merits of a particular Transaction or provide you with personal recommendations (as defined by the CMA) in relation to any Transaction.
4.7 This means that you should make your own assessment of any Transaction that you are considering or of the composition of your account(s) and should not rely on any opinion, research or analysis expressed or published by us or our Group Companies as being a recommendation or advice in relation to that Transaction.
4.8 You should bear in mind that merely explaining the terms of a transaction or investment or its performance characteristics does not itself amount to advice on the merits of the investment. Any decision to invest shall be made solely on the basis of your own understanding and acceptance of the risks involved.
4.9 Any legal, accounting, tax or other adviser retained by us shall be the legal, accounting, tax or other adviser to us alone. You have the sole responsibility for selecting, retaining and remunerating any legal, accounting, tax or other adviser that may advise you. We or any of our Group Companies or any legal, accounting, tax or other adviser retained by us will in no circumstances be deemed to be a provider of legal, accounting, tax or other advice to you, any Group Company of yours or any other person.
4.10 Provision of the Services will not, unless specifically agreed between us Us in writing, give rise to any fiduciary or equitable duties on our part or that of our Group Companies. You agree that nothing contained in these Terms We shall create any fiduciaryassume that, trustee, agency, joint venture or partnership relationship between us or any Group Company of ours, on the one hand, and you or any Group Company of yours on the other.
4.11 Where applicable, before opening an account for you, we will need to assess, based on your knowledge and experience, whether the type of margined trading you wish to conduct is appropriate for you. We rely on you to provide us with the correct information of your knowledge and experience in connection with the products and services we offerprovision of Services, and you warrant there are no restrictions to us that it is accurate and complete.
4.12 On the basis of the information you provide, if we believe the type of margined trading you wish to conduct is not appropriate for youtransactions We may arrange on Your behalf, we will notify you via e-mail during the account opening process.
4.13 Although we have an obligation to assess the appropriateness of our products and services, we have no obligation to monitor your margined trades nor to advise you on the appropriateness of each individual trade you place.
4.14 Depending on your knowledge and experience and the type of Transactions you generally place with us, some of our account types may not be available to you. We reserve the right to close your account or convert your account into a different account type if, acting reasonably, we determine that a different type of account is more appropriate for you. We also reserve the right to change the features and eligibility criteria of our accounts at are there any time and we will provide prior notification of such changes and as per our internal procedures.
4.15 You acknowledge and agree that you are capable of assessing the merits of and understand and accept the nature and risks of transactions entered into under this Agreement. You also acknowledge and agree that you do not rely on advice from INGOT Brokers (or its Affiliates) restrictions in relation to the merits markets on which such transactions may be effected. Transactions We arrange may be executed on any trading venue, third country venue or on an "over-the-counter" basis, as applicable.
2.3 You acknowledge that FIS does not deal with retail customers. In this respect, FIS is entitled to assume that You have the necessary and appropriate level of experience, knowledge and expertise of the Services (including all products, transactions and advice) for which You instruct us and that You are aware and accept all associated risks in connection with the same.
2.4 Pursuant to this Agreement, We shall use reasonable care and skill to provide the Services to You in accordance with Our permission granted by the relevant regulatory authorities.
2.5 To enable Us to effectively provide the Services to You, You shall do or procure the doing of all acts and things as reasonably required or requested by Us and execute or procure the execution of all such documents as is reasonably necessary.
2.6 This Agreement applies to all methods or mechanisms used to provide the Services, including, where applicable, electronic mechanisms and systems.
2.7 You agree that even though We have entered into these Terms, We may refrain from providing any such transactionof the Services until all of Our internal procedures have been completed and the necessary internal approvals obtained. Such internal procedures shall include (but not be limited to) Your providing Us with all appropriate and sufficient documentation to allow Us to satisfy all of Our due diligence obligations.
Appears in 1 contract
Samples: Terms of Business
Our Services. 4.1 Subject to these Terms 2.1 We are in the business of providing brokerage services in certain financial, commodity and the acceptance of your application to open an account with us, we will maintain one or more accounts shipping markets. We arrange deals in your name and will provide you with execution-only dealing services investments in relation to leveraged Forex contracts for difference, options, futures and swaps as well as physical ship broking and commodity Trades (“FX“ Services”) and Contracts for Difference (“CFDs”) where the underlying investments or products shall primarily such Services may be foreign exchange contracts. Our offering will also include any other financial products we may offer through the Online Facility varied by Us from time to time (“Services”)time. We do not execute transactions as principal or agent. Nothing in this Agreement is intended to, nor shall be deemed to, constitute Us as Your agent when broking transactions, or authorize Us to make or enter into any transactions on Your behalf.
4.2 Orders for execution of a Transaction, unless 2.2 Unless You otherwise agreed by us, are indicate to be given to us electronically through our Online Facility to Buy at the quoted offer price (“long position”) or Sell at the quoted bid price (“short position”) for the relevant Reference Asset.
4.3 We may receive and transmit orders or deal as agent on your behalf (as a riskless principal, matched principal or otherwise) only for the purposes of the execution of transactions.
4.4 You acknowledge and agree that unless otherwise agreed in a formal written instrument you will not be entitled to delivery of, or be required to deliver, any Reference Asset nor will you acquire any interest in any Reference Asset.
4.5 You acknowledge and agree that we have the right to close any Transaction in our sole and absolute discretion without notice.
4.6 We will not provide you with (and will not be under any duty to provide) any advice on the merits of a particular Transaction or provide you with personal recommendations (as defined by the CMA) in relation to any Transaction.
4.7 This means that you should make your own assessment of any Transaction that you are considering or of the composition of your account(s) and should not rely on any opinion, research or analysis expressed or published by us or our Group Companies as being a recommendation or advice in relation to that Transaction.
4.8 You should bear in mind that merely explaining the terms of a transaction or investment or its performance characteristics does not itself amount to advice on the merits of the investment. Any decision to invest shall be made solely on the basis of your own understanding and acceptance of the risks involved.
4.9 Any legal, accounting, tax or other adviser retained by us shall be the legal, accounting, tax or other adviser to us alone. You have the sole responsibility for selecting, retaining and remunerating any legal, accounting, tax or other adviser that may advise you. We or any of our Group Companies or any legal, accounting, tax or other adviser retained by us will in no circumstances be deemed to be a provider of legal, accounting, tax or other advice to you, any Group Company of yours or any other person.
4.10 Provision of the Services will not, unless specifically agreed between us Us in writing, give rise to any fiduciary or equitable duties on our part or that of our Group Companies. You agree that nothing contained in these Terms We shall create any fiduciaryassume that, trustee, agency, joint venture or partnership relationship between us or any Group Company of ours, on the one hand, and you or any Group Company of yours on the other.
4.11 Where applicable, before opening an account for you, we will need to assess, based on your knowledge and experience, whether the type of margined trading you wish to conduct is appropriate for you. We rely on you to provide us with the correct information of your knowledge and experience in connection with the products and services we offerprovision of Services, and you warrant there are no restrictions to us that it is accurate and complete.
4.12 On the basis of the information you provide, if we believe the type of margined trading you wish to conduct is not appropriate for youtransactions We may arrange on Your behalf, we will notify you via e-mail during the account opening process.
4.13 Although we have an obligation to assess the appropriateness of our products and services, we have no obligation to monitor your margined trades nor to advise you on the appropriateness of each individual trade you place.
4.14 Depending on your knowledge and experience and the type of Transactions you generally place with us, some of our account types may not be available to you. We reserve the right to close your account or convert your account into a different account type if, acting reasonably, we determine that a different type of account is more appropriate for you. We also reserve the right to change the features and eligibility criteria of our accounts at are there any time and we will provide prior notification of such changes and as per our internal procedures.
4.15 You acknowledge and agree that you are capable of assessing the merits of and understand and accept the nature and risks of transactions entered into under this Agreement. You also acknowledge and agree that you do not rely on advice from INGOT Brokers (or its Affiliates) restrictions in relation to the merits markets on which such transactions may be effected. Transactions We arrange may be executed on any trading venue, third country venue or on an "over-the-counter" basis, as applicable.
2.3 You acknowledge that FIS does not deal with retail customers. In this respect, FIS is entitled to assume that You have the necessary and appropriate level of experience, knowledge and expertise of the Services (including all products, transactions and advice) for which You instruct us and that You are aware and accept all associated risks in connection with the same.
2.4 Where you have initiated the relationship with FIS UK under the reverse solicitation rules and agree to obtain Our Services from time to time, you agree that local protections obtained in your host state will not apply as the United Kingdom is not a member of the EEA.
2.5 Pursuant to this Agreement, We shall use reasonable care and skill to provide the Services to You in accordance with Our permission granted by the relevant regulatory authorities.
2.6 To enable Us to effectively provide the Services to You, You shall do or procure the doing of all acts and things as reasonably required or requested by Us and execute or procure the execution of all such documents as is reasonably necessary.
2.7 This Agreement applies to all methods or mechanisms used to provide the Services, including, where applicable, electronic mechanisms and systems.
2.8 You agree that even though We have entered into these Terms, We may refrain from providing any such transactionof the Services until all of Our internal procedures have been completed and the necessary internal approvals obtained. Such internal procedures shall include (but not be limited to) Your providing Us with all appropriate and sufficient documentation to allow Us to satisfy all of Our due diligence obligations.
Appears in 1 contract
Samples: Terms of Business
Our Services. 4.1 Subject to these Terms and the acceptance Under this agreement, following creation of your application account you may use the Platform to open an account invest in Funds by placing Orders with us, we will maintain one or more accounts in your name and will provide you with execution-only dealing services in relation to leveraged Forex contracts (“FX”) and Contracts for Difference (“CFDs”) where the underlying investments or products shall primarily be foreign exchange contracts. Our offering will also include any other financial products we may offer through the Online Facility from time to time (“Services”).
4.2 We will be entitled to assume that any Orders placed via your account on the Platform are placed by you and we will not, nor will we be expected to, confirm the validity of any Orders. You will be responsible for execution of a Transactionany Order or instruction we receive and act upon via your account, unless otherwise agreed including where made by ussomeone other than you, until you inform us that your account security has been compromised. We are not responsible for any unauthorised access to be given your account, nor access to us electronically through our Online Facility to Buy at the quoted offer price (“long position”) or Sell at the quoted bid price (“short position”) for the relevant Reference Assetinformation held in it.
4.3 We will not execute your Orders ourselves but will transmit them to the Custodian, who will be responsible for execution. We cannot control the execution of your Orders (including the timing of execution) once we transmit them to the Custodian. There is no guarantee that we or the Custodian will accept your Order. Your Order may not be accepted if dealing is no longer available or is suspended in the Fund or class of Share to which your Order relates or if it gives rise to too much risk for the Custodian.
4.4 We will not handle client money and will not accept or receive and transmit orders or deal as agent on your behalf (as a riskless principal, matched principal or otherwise) only client money. Money for the purposes of your Orders under this Agreement must be transferred to the execution of transactions.
4.4 You acknowledge and agree that unless otherwise agreed Custodian. Client money will be handled by the Custodian in a formal written instrument you will not be entitled to delivery of, or be required to deliver, any Reference Asset nor will you acquire any interest in any Reference Assetaccordance with the Custody Terms.
4.5 You acknowledge and agree that we have the right The Custodian will arrange for your Shares to close any Transaction be held in our sole and absolute discretion without notice.
4.6 We will not provide you accordance with (applicable law and will not be under any duty to provide) any advice on the merits of a particular Transaction or provide you with personal recommendations (as defined by the CMA) responsible for safeguarding your Shares in relation to any Transaction.
4.7 This means that you should make your own assessment of any Transaction that you are considering or of the composition of your account(s) and should not rely on any opinion, research or analysis expressed or published by us or our Group Companies as being a recommendation or advice in relation to that Transaction.
4.8 You should bear in mind that merely explaining the terms of a transaction or investment or its performance characteristics does not itself amount to advice on the merits of the investment. Any decision to invest shall be made solely on the basis of your own understanding and acceptance of the risks involved.
4.9 Any legal, accounting, tax or other adviser retained by us shall be the legal, accounting, tax or other adviser to us alone. You have the sole responsibility for selecting, retaining and remunerating any legal, accounting, tax or other adviser that may advise you. We or any of our Group Companies or any legal, accounting, tax or other adviser retained by us will in no circumstances be deemed to be a provider of legal, accounting, tax or other advice to you, any Group Company of yours or any other person.
4.10 Provision of the Services will not, unless specifically agreed between us in writing, give rise to any fiduciary or equitable duties on our part or that of our Group Companies. You agree that nothing contained in these Terms shall create any fiduciary, trustee, agency, joint venture or partnership relationship between us or any Group Company of ours, on the one hand, and you or any Group Company of yours on the other.
4.11 Where applicable, before opening an account for you, we will need to assess, based on your knowledge and experience, whether the type of margined trading you wish to conduct is appropriate for you. We rely on you to provide us accordance with the correct Custody Terms (further information of your knowledge and experience in connection with the products and services we offer, and you warrant to us that it is accurate and complete.
4.12 On the basis of the information you provide, if we believe the type of margined trading you wish to conduct is not appropriate for you, we will notify you via e-mail during the account opening process.
4.13 Although we have an obligation to assess the appropriateness of our products and services, we have no obligation to monitor your margined trades nor to advise you on the appropriateness of each individual trade you place.
4.14 Depending on your knowledge and experience and the type of Transactions you generally place with us, some of our account types may not be available to you. We reserve the right to close your account or convert your account into a different account type if, acting reasonably, we determine that a different type of account is more appropriate for you. We also reserve the right to change the features and eligibility criteria of our accounts at any time and we will provide prior notification of such changes and as per our internal procedures.
4.15 You acknowledge and agree that you are capable of assessing the merits of and understand and accept the nature and risks of transactions entered into under this Agreement. You also acknowledge and agree that you do not rely on advice from INGOT Brokers (or its Affiliates) in relation to the merits arrangements for holding your Shares is set out in clause 10). We do not hold your Shares after you acquire them.
4.6 By entering into this Agreement, you acknowledge and accept that we are not obliged to make any particular Funds or Shares available to you through the Platform. Any failure to make any particular Fund or class of Share available will not constitute a breach of this Agreement by us. We may withdraw any such transactionor all Funds or Shares from the Platform at any time without notice.
Appears in 1 contract
Samples: Investment Agreement
Our Services. 4.1 6.1 Subject to these Terms and the acceptance of your application to open an account with us, we will maintain one or more accounts in your name and will provide you with execution-only dealing services in relation to leveraged Forex contracts in Foreign Exchange (“FX”) and Contracts for Difference (“CFDs”) where the underlying investments or products shall primarily be include foreign exchange contracts, metals, equity indices and commodities. Our offering will also include any other financial products we may offer through the Online Facility from time to time (the “Services”).
4.2 6.2 Orders for execution of a Transaction, unless otherwise agreed by us, are to be given to us electronically through our Online Facility to Buy buy at the quoted offer price (“long position”) or Sell sell at the quoted bid price (“short position”) for the relevant Reference Asset.
4.3 We may receive and transmit orders or deal as agent on your behalf (as a riskless principal, matched principal or otherwise) only for the purposes of the execution of transactions.
4.4 6.3 You acknowledge and agree that unless otherwise agreed in a formal written instrument you will not be entitled to delivery of, or be required to deliver, any Reference Asset nor will you acquire any interest in any Reference Asset.
4.5 6.4 You acknowledge and agree that we have the right to close any Transaction in our sole and absolute discretion without notice.
4.6 6.5 We will not provide you with (and will not be under any duty to provide) any advice on the merits of a particular Transaction transaction or provide you with personal recommendations (as defined by the CMAFCA) in relation to any Transaction.
4.7 transaction. This means that you should make your own assessment of any Transaction transaction that you are considering or of the composition of your account(s) and should not rely on any opinion, research or analysis expressed or published by us or our Group Companies as being a recommendation or advice in relation to that Transactiontransaction.
4.8 You should bear in mind that merely explaining the terms of a transaction or investment or its performance characteristics does not itself amount to advice on the merits of the investment. Any decision to invest shall be made solely on the basis of your own understanding and acceptance of the risks involved.
4.9 6.6 Any legal, accounting, tax or other adviser retained by us shall be the legal, accounting, tax or other adviser to us alone. You have the sole responsibility for selecting, retaining and remunerating any legal, accounting, tax or other adviser that may advise you. We or any of our Group Companies or any legal, accounting, tax or other adviser retained by us will in no circumstances be deemed to be a provider of legal, accounting, tax or other advice to you, any Group Company of yours or any other person.
4.10 6.7 Provision of the Services will not, unless specifically agreed between us in writing, give rise to any fiduciary or equitable duties on our part or that of our Group Companies. You agree that nothing contained in these Terms shall create any fiduciary, trustee, agency, joint venture or partnership relationship between us or any Group Company of ours, on the one hand, and you or any Group Company of yours on the other.
4.11 Where applicable, before 6.8 Before opening an account for you, we will need to assess, based on your knowledge and experience, whether the type of margined trading you wish to conduct is appropriate for you. We rely on you to provide us with the correct information of your knowledge and experience in connection with the products and services we offer, offer and you warrant to us that it is accurate and complete.
4.12 6.9 On the basis of the information you provide, if we believe the type of margined trading you wish to conduct is not appropriate for you, you we will notify you via e-mail during the account opening process.
4.13 6.10 Although we have an obligation to assess the appropriateness of our products and services, we have no obligation to monitor your margined trades nor to advise you on the appropriateness of each individual trade you place.
4.14 6.11 Depending on your knowledge and experience and the type of Transactions you generally place with us, some of our these account types may not be available to you. We reserve the right to close your account or convert your account into a different account type if, acting reasonably, we determine that a different type of account is more appropriate for you. We also reserve the right to change the features and eligibility criteria of our accounts at any time and we will provide prior notification of such changes and as per our internal procedureschanges.
4.15 You acknowledge and agree that you are capable of assessing the merits of and understand and accept the nature and risks of transactions entered into under this Agreement. You also acknowledge and agree that you do not rely on advice from INGOT Brokers (or its Affiliates) in relation to the merits of any such transaction.
Appears in 1 contract
Samples: Client Agreement
Our Services. 4.1 Subject With respect to these Terms and the acceptance of your application to open section on Advice the clause is hereby substituted by the following: "Where we provide you with advice on an account with usoccasional basis, we will maintain one not consider whether our services are suitable for you. You are considered to have given express consent to this non-consideration after having signed the copy of our Professional Client letter. We will not consider the suitability of services provided to clients who have been classified as Market Counterparties." With respect to the section on Arrangements for managing conflicts the clause is hereby substituted by the following: "In accordance with DFSA Rules and our own conflicts of interest policy, we have in place arrangements to identify and manage conflicts of interest that arise between ourselves and our clients and between our different clients. Where we consider that the arrangements under our conflicts of interest policy are not sufficient to ensure, with reasonable confidence, that risks of damage to your interests will be prevented, we will disclose such information about the conflict to you in order to allow you to make an informed decision as to whether to continue to transact business with us." With respect to the section on Disclosure to others the clause is hereby substituted by the following: "We will treat all information we hold about you as private and confidential even when you are no longer a customer. We may disclose information we hold about you to others: (i) to the extent we are required or more accounts in your name and will provide you with execution-only dealing services in relation permitted to leveraged Forex contracts do so by any Applicable Regulations; (“FX”) and Contracts for Difference (“CFDs”ii) where there is a duty to the underlying investments public to disclose: (iii) where our interests require disclosure; (iv) where it is needed by our agents or others involved in providing services to you or us; or (v) at your request or with your consent." With respect to the section on Marketing the clause is hereby substituted by the following: "Subject to information provided by you, we may analyse and use the information we hold about you to enable us to give you information (by post, telephone, email or other medium, using the contact details you have given us) about products shall primarily and services offered by us (or by our Affiliated Companies or selected third parties) which we believe may be of interest to you. If you do not wish to receive marketing information, please let us know by contacting us in writing at the above address. " With respect to the section on Access to information the clause is hereby substituted by the following: "You may have a right of access to some or all of the information we hold about you, or to have inaccurate information corrected, under data protection law. If you wish to exercise either of these rights, please contact us in writing at the above address." The section on Information about us is replaced by the following: "We, Standard Bank of South Africa Limited (DIFC Branch), registered as a foreign exchange contractscompany with the DIFCA are authorized and regulated by the DFSA with a licence to provide the following financial services: • Arranging Deals in Investments; • Advising on Financial Products; and • Arranging Credit and Advising on Credit. Our offering principal place of business and registered office is at Currency Tower, 15th Floor, Office no. 1501, DIFC, PO Box 482049, Dubai, UAE. Our DFSA reference no. is F002907." The section on Client Status is replaced by the following: "To the extent that we are providing financial services to you, we will also include any other financial products we may offer through the Online Facility from time to time (“Services”).
4.2 Orders for execution of treat you as a Transaction, unless otherwise agreed by us, are to be given to us electronically through our Online Facility to Buy at the quoted offer price (“long position”) or Sell at the quoted bid price (“short position”) for the relevant Reference Asset.
4.3 We may receive and transmit orders or deal as agent on your behalf "Professional Client" (as a riskless principal, matched principal or otherwisedefined below) only for the purposes of the execution DFSA Rules unless you are classified as a "Market Counterparty" (as defined below). For certain categories of transactions.
4.4 You acknowledge and agree that unless otherwise agreed client, we require your consent to treat you as a Market Counterparty. For others, we may simply notify you of your status as a Market Counterparty. This will be made clear to you in the Classification Letter. As you are classified either as a formal written instrument Professional Client or a Market Counterparty, you will not be entitled benefit from the protections given to delivery ofRetail Clients under the DFSA Rules. You must notify us immediately if, or be required to deliverat any time, any Reference Asset nor of the matters contained in the definition of a Professional Client or a Market Counterparty become applicable or cease to apply to you. If we become aware that you no longer fulfil the conditions for treatment as a Professional Client or a Market Counterparty, we will not be able to provide financial services to you acquire any interest and will need to terminate our client relationship." The section on Duty and Responsibilities is deleted. The section on Change in any Reference AssetStatus is deleted. With respect to the section on Complaints procedure the clause is hereby substituted by the following: "We have internal procedures for handling complaints fairly, consistently and promptly. You may submit a complaint to us, for example by letter, telephone, e-mail or in person. We will send you a written acknowledgement of your complaint within seven days of receipt enclosing our complaints handling procedures. Please contact us if you would like further details regarding our complaints procedures.
4.5 " [The section on Fees and non-monetary benefits is deleted.] [The section on Charges is deleted.] With respect to the section on Transfer of information the clause is hereby substituted by the following: "You acknowledge and agree that we may also transfer information we hold about you to any country, including countries which the DIFC Data Protection Commissioner considers to have the right to close inadequate or non-existing data protection rules where such transfer is: (i) required by our interests or required or permitted by any Transaction in our sole and absolute discretion without notice.
4.6 We will not provide you with (and will not be under any Applicable Regulations or duty to providethe public; (ii) any advice on the merits of a particular Transaction or provide you with personal recommendations (as defined needed by the CMA) in relation to any Transaction.
4.7 This means that you should make your own assessment of any Transaction that you are considering or of the composition of your account(s) and should not rely on any opinion, research or analysis expressed or published by us or our Group Companies as being a recommendation or advice in relation to that Transaction.
4.8 You should bear in mind that merely explaining the terms of a transaction or investment or its performance characteristics does not itself amount to advice on the merits of the investment. Any decision to invest shall be made solely on the basis of your own understanding and acceptance of the risks involved.
4.9 Any legal, accounting, tax or other adviser retained by us shall be the legal, accounting, tax or other adviser to us alone. You have the sole responsibility for selecting, retaining and remunerating any legal, accounting, tax or other adviser that may advise you. We or any of our Group Companies or any legal, accounting, tax or other adviser retained by us will in no circumstances be deemed to be a provider of legal, accounting, tax or other advice to you, any Group Company of yours agents or any other person.
4.10 Provision of the Services will not, unless specifically agreed between us parties involved in writing, give rise providing services to any fiduciary or equitable duties on our part or that of our Group Companies. You agree that nothing contained in these Terms shall create any fiduciary, trustee, agency, joint venture or partnership relationship between us or any Group Company of ours, on the one hand, and you or any Group Company of yours on the other.
4.11 Where applicable, before opening an account for you, we will need to assess, based on your knowledge and experience, whether the type of margined trading you wish to conduct is appropriate for you. We rely on you to provide us with the correct information of your knowledge and experience in connection with the products and services we offer, and you warrant to us that it is accurate and complete.
4.12 On the basis of the information you provide, if we believe the type of margined trading you wish to conduct is not appropriate for you, we will notify you via e-mail during the account opening process.
4.13 Although we have an obligation to assess the appropriateness of our products and services, we have no obligation to monitor your margined trades nor to advise you on the appropriateness of each individual trade you place.
4.14 Depending on your knowledge and experience and the type of Transactions you generally place with us, some of our account types may not be available to you. We reserve the right to close your account or convert your account into a different account type if, acting reasonably, we determine that a different type of account is more appropriate for you. We also reserve the right to change the features and eligibility criteria of our accounts at any time and we will provide prior notification of such changes and as per our internal procedures.
4.15 You acknowledge and agree that you are capable of assessing the merits of and understand and accept the nature and risks of transactions entered into under this Agreement. You also acknowledge and agree that you do not rely on advice from INGOT Brokers (or its Affiliates) in relation to the merits of any such transaction.;
Appears in 1 contract
Samples: Terms of Business
Our Services. 4.1 Subject to these Terms 2.1 We are in the business of providing brokerage services in certain financial, commodity and the acceptance of your application to open an account with us, we will maintain one or more accounts shipping markets. We arrange deals in your name and will provide you with execution-only dealing services investments in relation to leveraged Forex contracts for difference, options, futures and swaps as well as physical ship broking and commodity Trades (“FX“ Services”) and Contracts for Difference (“CFDs”) where the underlying investments or products shall primarily such Services may be foreign exchange contracts. Our offering will also include any other financial products we may offer through the Online Facility varied by Us from time to time (“Services”)time. We do not execute transactions as principal or agent. Nothing in this Agreement is intended to, nor shall be deemed to, constitute Us as Your agent when broking transactions, or authorize Us to make or enter into any transactions on Your behalf.
4.2 Orders for execution of a Transaction, unless 2.2 Unless You otherwise agreed by us, are indicate to be given to us electronically through our Online Facility to Buy at the quoted offer price (“long position”) or Sell at the quoted bid price (“short position”) for the relevant Reference Asset.
4.3 We may receive and transmit orders or deal as agent on your behalf (as a riskless principal, matched principal or otherwise) only for the purposes of the execution of transactions.
4.4 You acknowledge and agree that unless otherwise agreed in a formal written instrument you will not be entitled to delivery of, or be required to deliver, any Reference Asset nor will you acquire any interest in any Reference Asset.
4.5 You acknowledge and agree that we have the right to close any Transaction in our sole and absolute discretion without notice.
4.6 We will not provide you with (and will not be under any duty to provide) any advice on the merits of a particular Transaction or provide you with personal recommendations (as defined by the CMA) in relation to any Transaction.
4.7 This means that you should make your own assessment of any Transaction that you are considering or of the composition of your account(s) and should not rely on any opinion, research or analysis expressed or published by us or our Group Companies as being a recommendation or advice in relation to that Transaction.
4.8 You should bear in mind that merely explaining the terms of a transaction or investment or its performance characteristics does not itself amount to advice on the merits of the investment. Any decision to invest shall be made solely on the basis of your own understanding and acceptance of the risks involved.
4.9 Any legal, accounting, tax or other adviser retained by us shall be the legal, accounting, tax or other adviser to us alone. You have the sole responsibility for selecting, retaining and remunerating any legal, accounting, tax or other adviser that may advise you. We or any of our Group Companies or any legal, accounting, tax or other adviser retained by us will in no circumstances be deemed to be a provider of legal, accounting, tax or other advice to you, any Group Company of yours or any other person.
4.10 Provision of the Services will not, unless specifically agreed between us Us in writing, give rise to any fiduciary or equitable duties on our part or that of our Group Companies. You agree that nothing contained in these Terms We shall create any fiduciaryassume that, trustee, agency, joint venture or partnership relationship between us or any Group Company of ours, on the one hand, and you or any Group Company of yours on the other.
4.11 Where applicable, before opening an account for you, we will need to assess, based on your knowledge and experience, whether the type of margined trading you wish to conduct is appropriate for you. We rely on you to provide us with the correct information of your knowledge and experience in connection with the products and services we offerprovision of Services, and you warrant there are no restrictions to us that it is accurate and complete.
4.12 On the basis of the information you provide, if we believe the type of margined trading you wish to conduct is not appropriate for youtransactions We may arrange on Your behalf, we will notify you via e-mail during the account opening process.
4.13 Although we have an obligation to assess the appropriateness of our products and services, we have no obligation to monitor your margined trades nor to advise you on the appropriateness of each individual trade you place.
4.14 Depending on your knowledge and experience and the type of Transactions you generally place with us, some of our account types may not be available to you. We reserve the right to close your account or convert your account into a different account type if, acting reasonably, we determine that a different type of account is more appropriate for you. We also reserve the right to change the features and eligibility criteria of our accounts at are there any time and we will provide prior notification of such changes and as per our internal procedures.
4.15 You acknowledge and agree that you are capable of assessing the merits of and understand and accept the nature and risks of transactions entered into under this Agreement. You also acknowledge and agree that you do not rely on advice from INGOT Brokers (or its Affiliates) restrictions in relation to the merits markets on which such transactions may be effected. Transactions We arrange may be executed on any trading venue, third country venue or on an "over-the-counter" basis, as applicable.
2.3 You acknowledge that FIS does not deal with retail customers. In this respect, FIS is entitled to assume that You have the necessary and appropriate level of experience, knowledge and expertise of the Services (including all products, transactions and advice) for which You instruct us and that You are aware and accept all associated risks in connection with the same.
2.4 Where you have initiated the relationship with FIS UK under the reverse solicitation rules and agree to obtain Our Services from time to time, you agree that local protections obtained in your host state will not apply as the United Kingdom is not a member of the EEA.
2.5 Pursuant to this Agreement, We shall use reasonable care and skill to provide the Services to You in accordance with Our permission granted by the relevant regulatory authorities.
2.6 Where You are an EU incorporated entity and You initiate the relationship and choose to receive services from Us from an Associated Office incorporated in a non-Equivalent Third Country, you agree that local protections obtained in your host state will not apply as the Associated Office will not be a member of the EEA.
2.7 Where you use FIS’ services in non-MiFID business, such services will not be regulated under MiFID II. This means that FIS does not owe a ‘best execution’ obligation, and you cannot rely on FIS to protect your interests in relation to the pricing and other elements of a transaction in Financial Instruments, such as costs, speed or likelihood of execution and settlement.
2.8 To enable Us to effectively provide the Services to You, You shall do or procure the doing of all acts and things as reasonably required or requested by Us and execute or procure the execution of all such documents as is reasonably necessary.
2.9 This Agreement applies to all methods or mechanisms used to provide the Services, including, where applicable, electronic mechanisms and systems.
2.10 You agree that even though We have entered into these Terms, We may refrain from providing any such transactionof the Services until all of Our internal procedures have been completed and the necessary internal approvals obtained. Such internal procedures shall include (but not be limited to) Your providing Us with all appropriate and sufficient documentation to allow Us to satisfy all of Our due diligence obligations.
Appears in 1 contract
Samples: Terms of Business
Our Services. 4.1
6.1 Subject to these Terms and the acceptance of your application to open an account with us, we will maintain one or more accounts in your name and will provide you with execution-only dealing services in relation to leveraged Forex contracts in Foreign Exchange (“FX”) and Contracts for Difference (“CFDs”) where the underlying investments or products shall primarily be include foreign exchange contracts, metals, equity indices and commodities. Our offering will also include any other financial products we may offer through the Online Facility from time to time (“the Services”).
4.2 6.2 Orders for execution of a Transaction, unless otherwise agreed by us, are to be given to us electronically through our Online Facility to Buy buy at the quoted offer price (“long position”) or Sell sell at the quoted bid price (“short position”) for the relevant Reference Asset.
4.3 We may receive and transmit orders or deal as agent on your behalf (as a riskless principal, matched principal or otherwise) only for the purposes of the execution of transactions.
4.4 6.3 You acknowledge and agree that unless otherwise agreed in a formal written instrument you will not be entitled to delivery of, or be required to deliver, any Reference Asset nor will you acquire any interest in any Reference Asset.
4.5 6.4 You acknowledge and agree that we have the right to close any Transaction in our sole and absolute discretion without notice.
4.6 6.5 We will not provide you with (and will not be under any duty to provide) any advice on the merits of a particular Transaction transaction or provide you with personal recommendations (as defined by the CMAFCA) in relation to any Transaction.
4.7 transaction. This means that you should make your own assessment of any Transaction transaction that you are considering or of the composition of your account(s) and should not rely on any opinion, research or analysis expressed or published by us or our Group Companies as being a recommendation or advice in relation to that Transactiontransaction.
4.8 You should bear in mind that merely explaining the terms of a transaction or investment or its performance characteristics does not itself amount to advice on the merits of the investment. Any decision to invest shall be made solely on the basis of your own understanding and acceptance of the risks involved.
4.9 6.6 Any legal, accounting, tax or other adviser retained by us shall be the legal, accounting, tax or other adviser to us alone. You have the sole responsibility for selecting, retaining and remunerating any legal, accounting, tax or other adviser that may advise you. We or any of our Group Companies or any legal, accounting, tax or other adviser retained by us will in no circumstances be deemed to be a provider of legal, accounting, tax or other advice to you, any Group Company of yours or any other person.
4.10 6.7 Provision of the Services will not, unless specifically agreed between us in writing, give rise to any fiduciary or equitable duties on our part or that of our Group Companies. You agree that nothing contained in these Terms shall create any fiduciary, trustee, agency, joint venture or partnership relationship between us or any Group Company of ours, on the one hand, and you or any Group Company of yours on the other.
4.11 Where applicable, before 6.8 Before opening an account for you, we will need to assess, based on your knowledge and experience, whether the type of margined trading you wish to conduct is appropriate for you. We rely on you to provide us with the correct information of your knowledge and experience in connection with the products and services we offer, offer and you warrant to us that it is accurate and complete.
4.12 6.9 On the basis of the information you provide, if we believe the type of margined trading you wish to conduct is not appropriate for you, you we will notify you via e-mail email during the account opening process.
4.13 6.10 Although we have an obligation to assess the appropriateness of our products and services, we have no obligation to monitor your margined trades nor to advise you on the appropriateness of each individual trade you place.
4.14 6.11 Depending on your knowledge and experience and the type of Transactions you generally place with us, some of our these account types may not be available to you. We reserve the right to close your account or convert your account into a different account type if, acting reasonably, we determine that a different type of account is more appropriate for you. We also reserve the right to change the features and eligibility criteria of our accounts at any time and we will provide prior notification of such changes and as per our internal procedureschanges.
4.15 You acknowledge and agree that you are capable of assessing the merits of and understand and accept the nature and risks of transactions entered into under this Agreement. You also acknowledge and agree that you do not rely on advice from INGOT Brokers (or its Affiliates) in relation to the merits of any such transaction.
Appears in 1 contract
Samples: Client Agreement
Our Services. 4.1 Subject to these Terms 2.1 We are in the business of providing brokerage services in certain financial, commodity and the acceptance of your application to open an account with us, we will maintain one or more accounts shipping markets. We provide advice and arrange deals in your name and will provide you with execution-only dealing services investments in relation to leveraged Forex contracts (“FX”) for difference, options, futures and Contracts for Difference (“CFDs”) where the underlying investments or products shall primarily be foreign exchange contracts. Our offering will also include any other financial products we may offer through the Online Facility from time to time swaps as well as physical ship broking and commodity Trades (“Services”)) and such Services may be varied by Us from time to time. We do not execute transactions as principal or. Nothing in this Agreement is intended to, nor shall be deemed to, constitute Us as Your agent when broking transactions, or authorize Us to make or enter into any transactions on Your behalf.
4.2 Orders for execution of a Transaction, unless 2.2 Unless You otherwise agreed by us, are indicate to be given to us electronically through our Online Facility to Buy at the quoted offer price (“long position”) or Sell at the quoted bid price (“short position”) for the relevant Reference Asset.
4.3 We may receive and transmit orders or deal as agent on your behalf (as a riskless principal, matched principal or otherwise) only for the purposes of the execution of transactions.
4.4 You acknowledge and agree that unless otherwise agreed in a formal written instrument you will not be entitled to delivery of, or be required to deliver, any Reference Asset nor will you acquire any interest in any Reference Asset.
4.5 You acknowledge and agree that we have the right to close any Transaction in our sole and absolute discretion without notice.
4.6 We will not provide you with (and will not be under any duty to provide) any advice on the merits of a particular Transaction or provide you with personal recommendations (as defined by the CMA) in relation to any Transaction.
4.7 This means that you should make your own assessment of any Transaction that you are considering or of the composition of your account(s) and should not rely on any opinion, research or analysis expressed or published by us or our Group Companies as being a recommendation or advice in relation to that Transaction.
4.8 You should bear in mind that merely explaining the terms of a transaction or investment or its performance characteristics does not itself amount to advice on the merits of the investment. Any decision to invest shall be made solely on the basis of your own understanding and acceptance of the risks involved.
4.9 Any legal, accounting, tax or other adviser retained by us shall be the legal, accounting, tax or other adviser to us alone. You have the sole responsibility for selecting, retaining and remunerating any legal, accounting, tax or other adviser that may advise you. We or any of our Group Companies or any legal, accounting, tax or other adviser retained by us will in no circumstances be deemed to be a provider of legal, accounting, tax or other advice to you, any Group Company of yours or any other person.
4.10 Provision of the Services will not, unless specifically agreed between us Us in writing, give rise to any fiduciary or equitable duties on our part or that of our Group Companies. You agree that nothing contained in these Terms We shall create any fiduciaryassume that, trustee, agency, joint venture or partnership relationship between us or any Group Company of ours, on the one hand, and you or any Group Company of yours on the other.
4.11 Where applicable, before opening an account for you, we will need to assess, based on your knowledge and experience, whether the type of margined trading you wish to conduct is appropriate for you. We rely on you to provide us with the correct information of your knowledge and experience in connection with the products and services we offerprovision of Services, and you warrant there are no restrictions to us that it is accurate and complete.
4.12 On the basis of the information you provide, if we believe the type of margined trading you wish to conduct is not appropriate for youtransactions We may arrange on Your behalf, we will notify you via e-mail during the account opening process.
4.13 Although we have an obligation to assess the appropriateness of our products and services, we have no obligation to monitor your margined trades nor to advise you on the appropriateness of each individual trade you place.
4.14 Depending on your knowledge and experience and the type of Transactions you generally place with us, some of our account types may not be available to you. We reserve the right to close your account or convert your account into a different account type if, acting reasonably, we determine that a different type of account is more appropriate for you. We also reserve the right to change the features and eligibility criteria of our accounts at are there any time and we will provide prior notification of such changes and as per our internal procedures.
4.15 You acknowledge and agree that you are capable of assessing the merits of and understand and accept the nature and risks of transactions entered into under this Agreement. You also acknowledge and agree that you do not rely on advice from INGOT Brokers (or its Affiliates) restrictions in relation to the merits markets on which such transactions may be effected. Transactions We arrange may be executed on any Trading Venue, third country venue or on an "over-the-counter" basis, as applicable.
2.3 You acknowledge that FIS does not deal with retail customers. In this respect, FIS is entitled to assume that You have the necessary and appropriate level of experience, knowledge and expertise of the Services (including all products, transactions and advice) for which You instruct us and that You are aware and accept all associated risks in connection with the same.
2.4 Pursuant to this Agreement, We shall use reasonable care and skill to provide the Services to You in accordance with Our permission granted by the relevant regulatory authorities.
2.5 To enable Us to effectively provide the Services to You, You shall do or procure the doing of all acts and things as reasonably required or requested by Us and execute or procure the execution of all such documents as is reasonably necessary.
2.6 This Agreement applies to all methods or mechanisms used to provide the Services, including, where applicable, electronic mechanisms and systems.
2.7 You agree that even though We have entered into these Terms, We may refrain from providing any such transactionof the Services until all of Our internal procedures have been completed and the necessary internal approvals obtained. Such internal procedures shall include (but not be limited to) Your providing Us with all appropriate and sufficient documentation to allow Us to satisfy all of Our due diligence obligations.
Appears in 1 contract
Samples: Terms of Business
Our Services. 4.1 Subject to these Terms and the acceptance of your application to open an account with us, we will maintain one or more accounts in your name and will provide you with execution-only dealing services in relation to leveraged Forex contracts (“FX”) and Contracts for Difference (“CFDs”) where the underlying investments or products shall primarily be include foreign exchange contracts, metals, equity indices and commodities. Our offering will also include any other financial products we may offer through the Online Facility from time to time (“Services”).
4.2 . Orders for execution of a Transaction, unless otherwise agreed by us, are to be given to us electronically through our Online Facility to Buy at the quoted offer price (“long position”) or Sell at the quoted bid price (“short position”) for the relevant Reference Asset.
4.3 . We may receive and transmit orders or deal as agent on your behalf (as a riskless principal, matched principal or otherwise) only for the purposes of the execution of transactions.
4.4 . You acknowledge and agree that unless otherwise agreed in a formal written instrument you will not be entitled to delivery of, or be required to deliver, any Reference Asset nor will you acquire any interest in any Reference Asset.
4.5 . You acknowledge and agree that we have the right to close any Transaction in our sole and absolute discretion without notice.
4.6 . We will not provide you with (and will not be under any duty to provide) any advice on the merits of a particular Transaction or provide you with personal recommendations (as defined by the CMA) in relation to any Transaction.
4.7 . This means that you should make your own assessment of any Transaction that you are considering or of the composition of your account(s) and should not rely on any opinion, research or analysis expressed or published by us or our Group Companies as being a recommendation or advice in relation to that Transaction.
4.8 . You should bear in mind that merely explaining the terms of a transaction or investment or its performance characteristics does not itself amount to advice on the merits of the investment. Any decision to invest shall be made solely on the basis of your own understanding and acceptance of the risks involved.
4.9 Any legal, accounting, tax or other adviser retained by us shall be the legal, accounting, tax or other adviser to us alone. You have the sole responsibility for selecting, retaining and remunerating any legal, accounting, tax or other adviser that may advise you. We or any of our Group Companies or any legal, accounting, tax or other adviser retained by us will in no circumstances be deemed to be a provider of legal, accounting, tax or other advice to you, any Group Company of yours or any other person.
4.10 . Provision of the Services will not, unless specifically agreed between us in writing, give rise to any fiduciary or equitable duties on our part or that of our Group Companies. You agree that nothing contained in these Terms shall create any fiduciary, trustee, agency, joint venture or partnership relationship between us or any Group Company of ours, on the one hand, and you or any Group Company of yours on the other.
4.11 Where applicable, before . Before opening an account for you, we will need to assess, based on your knowledge and experience, whether the type of margined trading you wish to conduct is appropriate for you. We rely on you to provide us with the correct information of your knowledge and experience in connection with the products and services we offer, and you warrant to us that it is accurate and complete.
4.12 . On the basis of the information you provide, if we believe the type of margined trading you wish to conduct is not appropriate for you, we will notify you via e-mail during the account opening process.
4.13 . Although we have an obligation to assess the appropriateness of our products and services, we have no obligation to monitor your margined trades nor to advise you on the appropriateness of each individual trade you place.
4.14 . Depending on your knowledge and experience and the type of Transactions you generally place with us, some of our account types may not be available to you. We reserve the right to close your account or convert your account into a different account type if, acting reasonably, we determine that a different type of account is more appropriate for you. We also reserve the right to change the features and eligibility criteria of our accounts at any time and we will provide prior notification of such changes and as per our internal procedures.
4.15 changes. You acknowledge and agree that you are capable of assessing the merits of and understand and accept the nature and risks of transactions entered into under this Agreement. You also acknowledge and agree that you do not rely on advice from INGOT Brokers EGM (or its Affiliates) in relation to the merits of any such transaction.
Appears in 1 contract
Samples: Business to Client (B2c) Agreement
Our Services. 4.1 Subject to these Terms and the acceptance of your application to open an account with us, we will maintain one or more accounts in your name and 1.1 We will provide you with execution-only dealing services a discretionary, advisory or execution-‐only service, as directed by you, in relation to leveraged Forex contracts (“FX”) shares in United Kingdom or overseas companies and Contracts for Difference (“CFDs”) where the underlying investments or products shall primarily be foreign exchange contracts. Our offering will also include in any other financial products investments in which we may offer through the Online Facility from time agree to time (“Services”)deal for you.
4.2 Orders for execution of a Transaction, unless otherwise agreed by us, are to be given to us electronically through our Online Facility to Buy at the quoted offer price (“long position”) or Sell at the quoted bid price (“short position”) for the relevant Reference Asset.
4.3 We may receive and transmit orders or deal as agent on your behalf (as a riskless principal, matched principal or otherwise) only for the purposes of the execution of transactions.
4.4 You acknowledge and agree that unless otherwise agreed in a formal written instrument you will not be entitled to delivery of, or be required to deliver, any Reference Asset nor will you acquire any interest in any Reference Asset.
4.5 You acknowledge and agree that we have the right to close any Transaction in our sole and absolute discretion without notice.
4.6 1.2 We will not provide advise you with (and will not be under any duty to provide) any advice on about the merits of a particular Transaction or provide transaction if we reasonably believe that when you with personal recommendations (as defined by give the CMA) in relation to any Transactionorder for the transaction, you are not expecting advice and are dealing on an execution-‐only basis. If this happens and you normally receive an advisory service, we will advise you at the time of dealing that we are executing that particular order on an execution-‐only basis and will record the fact on your contract note.
4.7 This means 1.3 When we do advise you, we will have regard to the written information provided by you on our Account Opening Form, or other written information supplied to us with regard to your investment objectives, acceptable level of risk and any restrictions you wish to place generally or specifically on the extent of our advice, dealing or exercise of discretion. If this information is incorrect or if you wish to discuss it or amend it, it is important that you should make your own assessment of any Transaction that you are considering or of the composition of your account(s) and should not rely on any opinion, research or analysis expressed or published by contact us or our Group Companies as being a recommendation or advice in relation to that Transaction.
4.8 You should bear in mind that merely explaining the terms of a transaction or investment or its performance characteristics does not itself amount to advice on the merits of the investment. Any decision to invest shall be made solely on the basis of your own understanding and acceptance of the risks involved.
4.9 Any legal, accounting, tax or other adviser retained by us shall be the legal, accounting, tax or other adviser to us alone. You have the sole responsibility for selecting, retaining and remunerating any legal, accounting, tax or other adviser that may advise yousoon as possible. We or any of our Group Companies or any legalwill confirm, accounting, tax or other adviser retained by us will in no circumstances be deemed to be a provider of legal, accounting, tax or other advice to you, any Group Company of yours or any other person.
4.10 Provision of the Services will not, unless specifically agreed between us in writing, give rise any amendments made to the information held in our records.
1.4 If you do not inform us of any fiduciary investments or equitable duties on our part or that types of our Group Companies. You agree that nothing contained in these Terms shall create any fiduciary, trustee, agency, joint venture or partnership relationship between investments which you do not wish us or any Group Company of ours, on the one hand, and to recommend to you or any Group Company of yours on the other.
4.11 Where applicable, before opening an account purchase for you, we will need may recommend to assess, based you any investments which we believe on your knowledge and experience, whether the type of margined trading you wish to conduct is appropriate reasonable grounds are suitable for you.
1.5 We may, when you have instructed us to do so, deal for you in non-‐readily realisable investments. We rely on These are investments in which the market is limited or could become so; they can be difficult to deal in and it can be difficult to assess what would be a proper market price or value for them.
1.6 All dealings with or for you are subject to provide us with the correct information rules, provisions and usages of the markets, exchanges and associations being used for the trading of your knowledge and experience in connection with the products and services we offer, and you warrant to us that it is accurate and completeaccount.
4.12 On the basis of the information you provide, if 1.7 When we believe the type of margined trading you wish to conduct is not appropriate for accept a current order from you, we will notify you via e-mail during seek to execute it as soon as reasonably practicable in the account opening processcircumstances in accordance with FCA rules. We may postpone execution of an order where we believe on reasonable grounds that it is in your best interests to do so.
4.13 Although 1.8 We will also observe the requirements of best execution in accordance with FCA rules unless you have instructed us to deal in a fixed price order. This means that we have an obligation will take reasonable care to assess ascertain the appropriateness price which is the best available for you in the relevant market at the time for transactions of our products the kind and servicessize concerned and, unless circumstances require us to do otherwise in your interests, deal at a price which is not less advantageous to you than that price.
1.9 In accepting your order, we have no obligation do not warrant or represent that it will be possible to monitor execute your margined trades nor to advise you on order at all or that execution will be possible within the appropriateness terms of each individual trade you placeyour instructions.
4.14 Depending on your knowledge and experience and the type of Transactions you generally place with us, some of our account types may not be available to you. 1.10 We reserve the right to close your account or convert your account into a different account type if, acting reasonably, we determine that a different type of account is more appropriate for you. We also reserve the right to change the features and eligibility criteria of our accounts at any time to refuse to accept an order from you.
1.11 We may combine your order with our own orders and orders of other customers where it is unlikely that the aggregation will operate to the disadvantage of any of the customers whose orders have been aggregated. However, on occasions aggregation may result in you obtaining a less favourable price. First Equity Limited | Salisbury House | London Wall | XX0X 0XX | Tel 000 0000 0000 | Fax 000 0000 0000 | xxx.xxxxxxxxxxx.xxx.xx
1.12 We shall be entitled, without prior notice to you, to make the currency conversions necessary or desirable for the purposes of fulfilling your trading obligations. Any such conversion shall normally be made by us as principal at a rate which reflects the size, liquidity and timing of the transaction. We shall disclose to you the relevant rate on the contract note or confirmation. We shall not actively seek to profit from transactions involving currency conversion, however, where a profit arises we will provide prior notification may, at our discretion, account to you in respect of such changes and as per profit. Any foreign exchange risk arising from any contract, our internal procedurescompliance with our obligations or any exercise of our rights under this Agreement shall be borne by you.
4.15 You acknowledge 1.13 We may from time to time wish to visit or telephone you to discuss investments without your express invitation and you agree that you we may do so at any time.
1.14 We are capable of assessing members of, and contribute to, the merits of and understand and accept the nature and risks of transactions entered into under this Agreement. You also acknowledge and agree that you do not rely on advice from INGOT Brokers (or its Affiliates) in relation to the merits of any such transactionFinancial Services Compensation Scheme.
Appears in 1 contract
Samples: Customer Agreement
Our Services. 4.1 Subject to these Terms 3.1 We shall give advice and the acceptance of your application to open an account with us, we will maintain one or more accounts in your name and will provide you with execution-only dealing services in relation to leveraged Forex contracts (“FX”) and Contracts for Difference (“CFDs”) where the underlying investments or products shall primarily be foreign exchange contracts. Our offering will also include any other financial products we may offer through the Online Facility from time to time (“Services”).
4.2 Orders for execution of a Transaction, unless otherwise agreed by us, are to be given to us electronically through our Online Facility to Buy at the quoted offer price (“long position”) or Sell at the quoted bid price (“short position”) for the relevant Reference Asset.
4.3 We may receive and transmit orders or deal act as agent or arrange on your behalf (as a riskless principal, matched principal or otherwise) only for the purposes purchase or sale of investments of the execution of transactions.following types: -Shares, government and public securities and other investments for which there is a ready market. -Warrants, Certificates representing certain security -Rights to or interests in investments (security) and (contractually –based investments)
4.4 You acknowledge and agree that unless otherwise agreed in a formal written instrument you will not be entitled to delivery of, or be required to deliver, any Reference Asset nor will you acquire any interest in any Reference Asset.
4.5 You acknowledge and agree that we have the right to close any Transaction in our sole and absolute discretion without notice.
4.6 3.2 We will not provide you with the following general investment advisory services (and will not “the Services”) to you; such advice may be under any duty to provide) any advice given verbally or in writing:
3.2.1 Advice on the merits of a particular Transaction investment opportunities or provide you with personal recommendations (information relevant to the making of judgments about the merits of investment opportunities;
3.2.2 Recommendations as defined by to the CMA) purchase, sale, retention, exchange, conversion of and other transactions in relation to any Transactioninvestments and other assets for your account;
3.2.3 Related research and valuation services; and
3.2.4 Such other services if agreed between us in writing.
4.7 This means that 3.3 We may give you should make advice in such manner as we deem appropriate or as may be agreed with you in writing pursuant to this Agreement.
3.4 In providing the Services, we shall have regard to:
3.4.1 Your investment objectives, determined by completion of an internal ‘Know your own assessment of any Transaction that Client’ (KYC) document. You agree to notify us if you are considering wish to change these investment objectives and we agree to advise you in accordance with these changes;
3.4.2 The investment restrictions specified in the KYC document or of the restrictions you wish to impose on the composition of your account(s) portfolio or the type of transactions undertaken for you. You are required to specify such restrictions at the time your account is opened and should not rely on you must notify us of any opinionchanges in writing; and
3.4.3 Such other matters including any relating to your attitude to risk and investment, research or analysis expressed or published by us or our Group Companies as being a recommendation or advice shall be specified in relation to that Transactionthe KYC document.
4.8 3.5 You are required to notify us of your attitude to risk and investments at the time you open your account. You should bear notify us in mind that merely explaining the terms of a transaction writing email or investment phone if you decide to change your attitude to risk or its performance characteristics does not itself amount to advice on the merits of the investment. Any decision Unless you do so, we shall continue to invest shall be made solely provide the services covered by this client agreement on the basis of your own understanding last notified objectives and acceptance of the risks involvedshall not be liable to you for any loss which you may incur as a result.
4.9 Any legal3.6 Save as specified in your KYC, accountingthere are no restrictions on:
3.6.1 The type(s) of investment(s) or asset(s) which we may recommend, tax which will be limited to those in MAYFAIR’s Scope of Permissions;
3.6.2 The amount of any one or other adviser retained by us shall type of investment or asset, for which we appropriate permissions, which we may recommend;
3.6.3 The markets or exchanges on or through which transactions may be the legal, accounting, tax or other adviser to us alone. You have the sole responsibility for selecting, retaining and remunerating any legal, accounting, tax or other adviser that may advise you. We or any of our Group Companies or any legal, accounting, tax or other adviser retained by us will in no circumstances be deemed recommended to be a provider of legal, accounting, tax effected or other advice to you, any Group Company of yours or any other personexecuted.
4.10 Provision of the Services will not3.7 When we have arranged any investments for which you have given instructions, we shall not give you any further advice unless specifically agreed between us in writing, give rise to any fiduciary or equitable duties on our part or that of our Group Companies. You agree that nothing contained in these Terms shall create any fiduciary, trustee, agency, joint venture or partnership relationship between us or any Group Company of ours, on the one hand, and you or any Group Company of yours on the otherrequest it.
4.11 Where applicable, before opening an account for you, 3.8 We will not be acting as your investment manager and accordingly we will need to assess, based on your knowledge and experience, whether the type of margined trading you wish to conduct is appropriate for you. We rely on you to provide us with the correct information of your knowledge and experience in connection with the products and services we offer, and you warrant to us that it is accurate and complete.
4.12 On the basis of the information you provide, if we believe the type of margined trading you wish to conduct is not appropriate for you, we will notify you via e-mail during the account opening process.
4.13 Although we have an obligation to assess the appropriateness of our products and services, we have no obligation to monitor your margined trades nor to advise you on the appropriateness of each individual trade you place.
4.14 Depending on your knowledge and experience and the type of Transactions you generally place with us, some of our account types may not be available obliged to you. We reserve the right to close review your account portfolio or convert your account into advise on its composition on a different account type if, acting reasonably, we determine that a different type of account is more appropriate for you. We also reserve the right to change the features and eligibility criteria of our accounts at any time and we will provide prior notification of such changes and as per our internal procedurescontinuing basis.
4.15 You acknowledge and agree that you are capable of assessing the merits of and understand and accept the nature and risks of transactions entered into under this Agreement. You also acknowledge and agree that you do not rely on advice from INGOT Brokers (or its Affiliates) in relation to the merits of any such transaction.
Appears in 1 contract
Samples: Terms of Business
Our Services. 4.1 5.1 Subject to these Terms and you fulfilling your obligations under the acceptance of your application to open an account with usClient Agreement, we will maintain one or more accounts in your name and provide services to you.
5.2 We will provide you with execution-only financial product advice and dealing services in relation to:
a) deposit and payment products limited to leveraged Forex contracts (“FX”basic deposit products and deposit products other than basic deposit products;
b) and Contracts for Difference (“CFDs”derivatives;
c) where the underlying investments or products shall primarily be foreign exchange contracts. Our offering will also include any other financial products we may offer through the Online Facility from time to time (“Services”)interests in managed investment schemes including investor directed portfolio services;
d) securities;
e) standard margin lending facility; and
f) superannuation.
4.2 Orders 5.3 This may include some or all of the following:
a) providing you with general advice through market updates;
b) providing you with general advice in relation to broking services;
c) providing you with general advisory services in the products listed in clause 5.2 of this Agreement; and
d) arranging for the execution of a Transaction, unless otherwise agreed by us, are to be given to us electronically through our Online Facility to Buy at the quoted offer price (“long position”) or Sell at the quoted bid price (“short position”) transactions and act as authorised person for the relevant Reference Asset.
4.3 We may receive and transmit orders or deal as agent on your behalf (as a riskless principal, matched principal or otherwise) only for such purpose.
5.4 We may refer you to and assist you with establishing appropriate accounts and sub-accounts with selected Product Issuers for the purposes of, and to enable you to deal in the products listed in clause 5.2 of this Client Agreement. Any accounts or sub-accounts opened, managed or otherwise dealt with by us under this clause are considered as Accounts for the purpose of this Client Agreement, and you agree and authorise Pinnacle Securities to open, close, manage and otherwise deal on behalf of you regarding such Accounts.
5.5 Pursuant to clause 5.4 and subject to clause 5.1, you consent and authorise Pinnacle Securities to open, close, manage and otherwise deal on your behalf in relation to your Accounts. You understand and agree that this Client Agreement and any other documents provided to you constitute your agreement with Pinnacle Securities.
5.6 The Accounts are non-discretionary accounts, which means that every trade or transaction conducted in it must be specifically authorised orally/in writing by you or, if applicable, any person(s) duly authorised by you pursuant to the Client Agreement.
5.7 You acknowledge that there will be separate agreements and/or arrangements between you and the institutions and/or entities and/or persons that we refer you to. You irrevocably agree to the terms and conditions set out in such Applicable Documents. You confirm that a reasonable opportunity to understand the related risks set out therein has been offered to you, and that you understand and accept such risks.
5.8 Pinnacle Securities may receive referral fees and/or fees and/or rebates and/or commissions for the introduction of products and services set out in clause 5.4 of this Client Agreement or otherwise from third parties and/or from institutions, entities and/or persons that provide services to you. Further information on the fees received by Pinnacle Securities can be found in our Financial Services Guide.
5.9 The method by which you instruct us will vary depending on what type of service we are providing to you. We will agree on an appropriate means for you to provide instructions to us, which may be by email or telephone.
5.10 You agree that Pinnacle Securities shall be entitled to rely on and to act as it thinks fit in accordance with any instruction given or purportedly given by or on behalf of you which Pinnacle Securities believes in good faith to have been given by you or its authorised person(s) or authorised third party/ies. Pinnacle Securities shall not in any circumstances whatsoever be liable in any way for any loss, damages, liability, cost, expense or whatsoever suffered or incurred by you arising or in connection with the exercise of the execution of transactionsabove discretion by Pinnacle Securities.
4.4 5.11 You acknowledge and agree that unless otherwise agreed some of the services that you instruct us to provide may be performed by other third parties. You understand and accept that Pinnacle Securities may transfer your data to countries listed in a formal written instrument you will not be entitled to delivery of, or be required to deliver, any Reference Asset nor will you acquire any interest in any Reference Assetclause 16.2(d) of this Client Agreement for the purpose of this clause.
4.5 5.12 You acknowledge and agree that we have the right to close any Transaction in our sole and absolute discretion without notice.
4.6 We will not provide you with (and will not be under any duty to provide) any advice on the merits of a particular Transaction or provide you with personal recommendations (as defined by the CMA) in relation to any Transaction.
4.7 This means that you should make your own assessment of any Transaction that you are considering or of the composition of your account(s) and should not rely on any opinion, research or analysis expressed or published by us or our Group Companies as being a recommendation or advice in relation to that Transaction.
4.8 You should bear in mind that merely explaining the terms of a transaction or investment or its performance characteristics does not itself amount to advice on the merits of the investment. Any decision to invest shall be made solely on the basis of your own understanding and acceptance of the risks involved.
4.9 Any legal, accounting, tax internet or other adviser retained by us shall be the legal, accounting, tax electronic medium is an inherently unreliable medium of communication and that such unreliability is beyond Pinnacle Securities’ control or other adviser to us alone. You have the sole responsibility for selecting, retaining and remunerating any legal, accounting, tax or other adviser that may advise you. We or any of our Group Companies or any legal, accounting, tax or other adviser retained by us will in no circumstances be deemed to be a provider of legal, accounting, tax or other advice to you, any Group Company of yours or any other person.
4.10 Provision of the Services will not, unless specifically agreed between us in writing, give rise to any fiduciary or equitable duties on our part or that of our Group Companiesanticipation. You agree that nothing contained in these Terms Pinnacle Securities shall create not be responsible for any fiduciaryloss, trusteedamage, agencycosts, joint venture expenses, claims or partnership relationship between us liability of whatsoever nature, directly or any Group Company indirectly, arising out of ours, on the one hand, and you or any Group Company of yours on the other.
4.11 Where applicable, before opening an account for you, we will need to assess, based on your knowledge and experience, whether the type of margined trading you wish to conduct is appropriate for you. We rely on you to provide us with the correct information of your knowledge and experience in connection with such unreliability or the products and services we offer, and you warrant to us that it is accurate and complete.
4.12 On the basis public nature of the information you provide, if we believe the type of margined trading you wish to conduct is not appropriate for you, we will notify you via e-mail during the account opening processinternet or other electronic medium or any other cause beyond Pinnacle Securities’ control or anticipation.
4.13 Although we have an obligation to assess the appropriateness of our products and services, we have no obligation to monitor your margined trades nor to advise you on the appropriateness of each individual trade you place.
4.14 Depending on your knowledge and experience and the type of Transactions you generally place with us, some of our account types may not be available to you. We reserve the right to close your account or convert your account into a different account type if, acting reasonably, we determine that a different type of account is more appropriate for you. We also reserve the right to change the features and eligibility criteria of our accounts at any time and we will provide prior notification of such changes and as per our internal procedures.
4.15 You acknowledge and agree that you are capable of assessing the merits of and understand and accept the nature and risks of transactions entered into under this Agreement. You also acknowledge and agree that you do not rely on advice from INGOT Brokers (or its Affiliates) in relation to the merits of any such transaction.
Appears in 1 contract
Samples: Client Agreement