SWAP-FREE ACCOUNTS. 13.1. The Company, at its sole discretion, may enable swap-free trading for 10 calendar days. Upon the lapse of the 10 days the Company shall charge the swap fee to accounts holding open 13.2. The Company reserves the right to disable swap-free trading and/or retrospectively charge the swap fee, at its sole discretion and/or in the event of suspicion of swap abuse and/or in the event of default in accordance with Clause 25(e) of this Agreement. 14. COPY TRADING 14.1. Our Social Trading Features Services assists the Client in testing, evaluating and selecting the Client’s investment strategy by providing the Client with detailed account information, trading history, risk profile and other pertinent information that the Client should consider before electing to copy a specific account. In doing so, the Client should bear in mind all aspects and factors including, but not limited to, the risk nature of the copied account and investment objectives. 14.2. The Company will update the Suitability Assessment from time to time. The Client confirms and acknowledges that our assessment of the Client the use of our Social Trading/Copying Trades services is performed on the basis of the information and documents provided by the Client, and the Client confirms the truthfulness, correctness and completeness of such information. The Client acknowledges that the Company may rely upon such information and that the Client is responsible for any damages or losses which may result from any inaccuracies. The Client can retrieve upon request the Client suitability questionnaire at any time and evaluate whether there has been a change to the Client’s experience, trading objectives and/or financial situation. 14.3. The Company will be responsible to the Client for: 14.3.1. informing the Client from time to time of the details of the Client Suitability Assessment and Investment Profile; and 14.3.2. executing all instructions generated by the Social Trading/Copying Trades Services at the price executed by the Master Trader. 14.4. The Company does not provide investment advice, nor provide any personalized investment recommendations and/or advise the Client on the merits of any investments, either with respect to our Social Trading/Copying Trades services or any Service. 14.5. In making a decision to Copy a specific trader or traders, strategy and/or portfolio, the Client has considered his/her entire financial situation including financial commitments and the Client understands that using Social Trading Features is highly speculative and that the Client 14.6. Without derogating from the generality of the foregoing, the Client acknowledges the Risks Associated with Social Trading Features and particularly Social Trading/Copying Trades Services, as more fully described herein, including but not limited to, automated trading execution whereby the opening and closing of trades will happen in the Client’s account without the Client’s manual intervention unless the Client choose to close the copy trade and take decisions independently from the master trader. 14.7. The Client hereby authorizes the Company to limit and/or withhold our Social Trading/Copying Trades services based on the Client’s investment profile and the Company’s ongoing suitability assessments in accordance with its policies and procedures. 14.8. The Client further authorizes the Company to execute any and all transactions and/or positions undertaken by the trader, account, portfolio and/or strategy the Client chose to Social Trading/Copying Trades, including without limitation, Social Trading/Copying Trades, stop Social Trading/Copying Trades and/or pause Social Trading/Copying Trades another trader, account, portfolio and/or strategy and setting limits to any position (including copy position). These actions are done automatically once initiated by the Client and do not require any prior consultation, consent or approval of ongoing activity/copied trades. The Client hereby confirms and acknowledges that at any time, and upon the Company’s sole discretion, the Company can stop, pause, restrict and/or limit any Social Trading/Copying Trades activity performed by the Client. 14.9. The Client remains, at all times, solely responsible for both monitoring, selecting and assessing: 14.9.1. the suitability of the copied accounts; and/or 14.9.2. the overall performance of the copied trader, account, portfolio and/or strategy. 14.9.3. to copy or stop copying any trader, account, portfolio and/or strategy, at its sole and absolute discretion; and/or 14.9.4. to open and/or close any position available on the Company’s websites/applications, at its sole and absolute discretion to set limits to any position (including copy position); and/or 14.9.5. to update and/or amend the policy, the objectives, the structure and/or composition of any Company’s Portfolio, at its sole and absolute discretion, with or without notice to its copiers; and/or 14.9.6. to close any such account, portfolio and/or strategy, at its sole and absolute discretion, with or without notice to its copiers. 14.10. The Company shall continue to be committed to exercising reasonable endeavours to monitor the performance of copied trader, account, portfolio and/or strategy, against parameters established by it, which may include, risk behaviour, profitability, drawdown and any other parameters deemed relevant by the Company and to stock and/or block any trader, account, portfolio and/or strategy from being copied. 14.11. In furtherance to our authorization set forth in Section above, The Company reserve the right to pause, to copy or stop copying any trader, account, portfolio and/or strategy, at our sole and absolute discretion. 14.12. Without derogating from the generality of above Sections, the provision of Social Trading Features and/or our Social Trading/Copying Trades services does not constitute investment advice on our part. The Client is using the Social Trading Features at the Client’s own risk and the Company and its affiliates, employees, clients and agents will not be liable for any losses that the Client may sustain as a result of the Client using such features. Neither the Company (with respect to Company’s Portfolios) nor any copied trader, account, portfolio and/or strategy guarantees the future performance of the Clients Account, any specific level of performance, the success of any investment strategy. Investment strategies are subject to various market, currency, economic, political and business risks. Investment decisions may not be profitable and may result in the loss of the Client’s entire invested amount. Past performance is not a guarantee or prediction of future performance. 14.13. The Client should note that the Company may take the same or similar positions in specific investments for its other clients and its own accounts as the Company does for the Client, or The Company or its other customers may open trades in an opposite direction to the Client’s positions. The Company has no obligation to purchase or sell, or to recommend for purchase or sale in the Client Account, any security which the Company may purchase or sell for its 14.14. To the maximum extent permissible under the applicable law, the Company will not be liable for: 14.14.1. any loss arising from adhering to the Client written or oral instructions; and/or 14.14.2. any loss that the Client may suffer by reason of any decision made or other action taken by an account elected to be copied by The Client, including without limitation, a Company’s Portfolio; and/or 14.14.3. specifically, any loss arising from any investment decision made or other action taken or omitted in good faith by any copied account, strategy and/or portfolio, including without limitation a Company’s Portfolio. Nothing in these Terms and Conditions will waive or limit any rights that the Client may have under any applicable laws which may not be waived or limited.
Appears in 3 contracts
Samples: Client Agreement, Client Agreement, Client Agreement
SWAP-FREE ACCOUNTS. 13.116.1. The Company, at its sole discretionfollowing the request of an Islamic Account, may enable swap-free trading for 10 ten (10) calendar days. Upon the lapse of the 10 days ten (10) days, the Company shall charge the swap fee to accounts holding openopen positions accordingly. The Client agrees that a carry commission (equivalent to swap charges) may apply.
13.216.2. The Company reserves the right to disable swap-free trading and/or retrospectively charge the swap fee, at its sole discretion and/or in the event of suspicion of swap abuse and/or in the event of default in accordance with Clause 25(e) of this Agreementdefault. 1417. COPY TRADING
14.117.1. Our Social Trading Features Services assists the Client in testing, evaluating evaluating, and selecting the Client’s investment strategy by providing the Client with detailed account information, trading history, risk profile and other pertinent information that the Client should consider before electing to copy a specific account. In doing so, the Client should bear in mind all aspects and factors including, but not limited to, the risk nature of the copied account and investment objectives.
14.2. The Company will update the Suitability Assessment from time to time. The Client confirms and acknowledges that our assessment of the Client the use of our Social Trading/Copying Trades services is performed on the basis of the information and documents provided by the Client, and the Client confirms the truthfulness, correctness and completeness of such information. The Client acknowledges that the Company may rely upon such information and that the Client is responsible for any damages or losses which may result from any inaccuracies. The Client can retrieve upon request the Client suitability questionnaire at any time and evaluate whether there has been a change to the Client’s experience, trading objectives and/or financial situation.
14.317.2. The Company will be responsible to the Client for:
14.3.1. informing the Client from time to time of the details of the Client Suitability Assessment and Investment Profile; and
14.3.217.2.1. executing all instructions generated by the Social Trading/Copying Trades Services at the price executed by the Master Trader.
14.417.3. The Company does not provide investment advice, nor provide provides any personalized investment recommendations and/or advise the Client on the merits of any investments, either with respect to our its Social Trading/Copying Trades services or any Service.
14.517.4. In making a decision to Copy a specific trader or traders, strategy and/or portfolio, the Client has considered his/her entire financial situation including financial commitments and the Client understands that using Social Trading Features is highly speculative and that the Client could sustain significant losses exceeding the amount used to copy a trader or traders, and the Client cannot lose more than the equity in the Client’s account. Please note that the Company is unable to provide any guarantee as to the performance of any particular investment, account, portfolio, or strategy.
14.617.5. Without derogating from the generality of the foregoing, the Client acknowledges the Risks Associated with Social Trading Features and particularly Social Trading/Copying Trades Services, as more fully described herein, including but not limited to, automated trading execution whereby the opening and closing of trades will happen in the Client’s account without the Client’s manual intervention unless the Client choose to close the copy trade and take decisions independently from the master trader.account
14.717.6. The Client hereby authorizes the Company to limit and/or withhold our its Social Trading/Copying Trades services based on the Client’s investment profile and the Company’s ongoing suitability assessments in accordance with its policies and procedures.
14.817.7. The Client further authorizes the Company to execute any and all transactions and/or positions undertaken by the trader, account, portfolio and/or strategy the Client chose to Social Trading/Copying Trades, including without limitation, Social Trading/Copying Trades, stop Social Trading/Copying Trades and/or pause Social Trading/Copying Trades another trader, account, portfolio and/or strategy and setting limits to any position (including copy position). These actions are done automatically once initiated by the Client and do not require any prior consultation, consent consent, or approval of ongoing activity/copied trades. The Client hereby confirms and acknowledges that at any time, and upon the Company’s sole discretion, the Company can stop, pause, restrict and/or limit any Social Trading/Copying Trades activity performed by the Client.
14.917.8. The Client remains, at all times, solely responsible for both monitoring, selecting selecting, and assessing:
14.9.117.8.1. the suitability of the copied accounts; and/or
14.9.217.8.2. the overall performance of the copied trader, account, portfolio and/or strategy.
14.9.317.8.3. to copy or stop copying any trader, account, portfolio and/or strategy, at its sole and absolute discretion; and/or
14.9.417.8.4. to open and/or close any position available on the Company’s websites/applications, at its sole and absolute discretion to set limits to any position (including copy position); and/or
14.9.5. to update and/or amend the policy, the objectives, the structure and/or composition of any Company’s Portfolio, at its sole and absolute discretion, with or without notice to its copiers; and/or
14.9.617.8.5. to close any such account, portfolio and/or strategy, at its sole and absolute discretion, with or without notice to its copiers.
14.1017.9. The Company shall continue to be committed to exercising reasonable endeavours to monitor the performance of copied trader, account, portfolio and/or strategy, against parameters established by it, which may include, risk behaviour, profitability, drawdown drawdown, and any other parameters deemed relevant by the Company and to stock and/or block any trader, account, portfolio and/or strategy from being copied.
14.1117.10. In furtherance to our its authorization set forth in the Section above, The the Company reserve reserves the right to pause, to copy or stop copying any trader, account, portfolio and/or strategy, at our its sole and absolute discretion.
14.1217.11. Without derogating from the generality of the above Sections, the provision of Social Trading Features and/or our Social Trading/Copying Trades services does not constitute investment advice on our the Company’s part. The Client is using the Social Trading Features at the Client’s own risk and the Company Company, and its affiliates, employees, clients and agents will not be liable for any losses that the Client may sustain as a result of the Client using such features. Neither the Company (with respect to Company’s Portfolios) nor any copied trader, account, portfolio and/or strategy guarantees the future performance of the Clients Account, any specific level of performance, the success of any investment strategy. Investment strategies are subject to various market, currency, economic, political political, and business risks. Investment decisions may not be profitable and may result in the loss of the Client’s entire invested amount. Past performance is not a guarantee or prediction of future performance.
14.1317.12. The Client should note that the Company may take the same or similar positions in specific investments for its other clients and its own accounts as the Company does for the Client, or The the Company or its other customers may open trades in an opposite direction to the Client’s positions. The Company has no obligation to purchase or sell, or to recommend for purchase or sale in the Client Account, any security which the Company may purchase or sell for itsits other clients and its own accounts. The Client should further note that the Company may elect to remunerate their copied traders. The Company reserves the right to review fees, charges and commissions for the services is offering. The provision of the Social Trading/Copying Trades is subject to similar costs to be carried by the Client. These appear on Social Trading/Copying Trades, the Company’s website and/or Platform(s) and it is the Client’s responsibility to check for updates regularly. It is the Client’s right to ask for further clarifications should the Client require so.
14.1417.13. To the maximum extent permissible under the applicable law, the Company will not be liable for:
14.14.117.13.1. any loss arising from adhering to the Client written or oral instructions; and/or
14.14.217.13.2. any loss that the Client may suffer by reason of any decision made or other action taken by an account elected to be copied by The the Client, including without limitation, a Company’s Portfolio; and/or
14.14.317.13.3. specifically, any loss arising from any investment decision made or other action taken or omitted in good faith by any copied account, strategy and/or portfolio, including without limitation a Company’s Portfolio. Nothing in these Terms and Conditions will waive or limit any rights that the Client may have under any applicable laws which may not be waived or limited.
Appears in 1 contract
Samples: Client Agreement