These General Terms and Conditions as set-out herein and Account Specific Terms and Conditions (“Terms and Conditions”) form part of the Client’s (“you”) Agreement with the Company (“us”) for the use of our Foreign Exchange facilities. The Terms and Conditions set out in this document are applicable to all Foreign Exchange Transactions entered into between the Company and the Client. The Client must read these Terms and Conditions carefully. It contains important information about the Client’s and the Company’s legal rights and duties. These Terms and Conditions must be read in conjunction with other terms and conditions that apply to the Client’s relationship with the Company.
We offer a Trading Platform for the trading of currencies, including, as the case may be, contracts for differences, such as Advanced Trader and MetaTrader including web and mobile versions and other Trading Platforms as may be offered from time to time (hereinafter individually, a “Forex Platform” and collectively, the “Forex Platforms”).
These Terms and Conditions for Forex Trading govern the use of the Forex Platform and the Transactions performed on it (herein referred to as “Forex Transactions”), whether these Forex Transactions are initiated electronically or with the assistance of the Company’s Trading Desk (hereinafter referred to as the “Trading Desk”).
These Terms and Conditions for Forex form an integral part of the Agreement, which shall apply to the Services we provide in connection with the Forex Transactions.
The Client has read and understood, and accepts all the provisions of these Special Terms and Conditions for Forex, as well as the information contained in the documents to which these Special Terms and Conditions for Forex refer, and in particular the Forex Risk Disclosure Statement, our website, any Trading Rules (as defined below) and the various prospectuses, fact sheets and other information sheets available on our website or on any Forex Platform. All the afore-mentioned documents form an integral part of these Terms and Conditions for Forex. The Client acknowledges and agrees that we consider that once the Client has completed a Forex Transaction subject to or in accordance with a prospectus, factsheet or other information sheet available on our website or on a Forex Platform, the Client has accepted the terms of that document.
Except if otherwise stated herein, the definitions set out in the General Terms and Conditions shall apply for the purposes of these Special Terms and Conditions for Forex.
The Client acknowledges and agrees that in the event of contradiction between these Special Terms and Conditions for Forex and the General Terms and Conditions or any other contractual document, these Special Terms and Conditions for Forex take precedence unless otherwise agreed.
We reserve the right to amend these Terms and Conditions for Forex in accordance with the provisions of the General Terms and Conditions.
The following terms have the following meaning when used in these terms and conditions and in other parts of this agreement unless a contrary intention appears:
1.1 “Account” means your account established with us and includes an Online Trading Account;
1.2 “Account Application” means the form entitled “Client Application Form” that you must complete in order to open an Account;
1.3 “Account Holder” means the person(s) in whose name the Account is held, and where there is more than one joint Account Holder means all or any of them as the context requires;
1.4 “Advising Participant” means any person that is so designated by the company;
1.5 “Advisor” means a person who may provide advice to you in relation to Financial Products and who is designated and approved by the company as an Advisor;
1.6 “Agreement” means the agreement constituted by the Account Application completed by you (including the Risk Disclosure Statement), these General Terms and Conditions, any amendment made in accordance with these General Terms and Conditions, and any other written agreement between you and us which we agree forms part of this Agreement;
1.7 “Bought Option” means an Option purchased by you pursuant to this Agreement;
1.8 “Broker” means: securities trading participant in respect of any Securities Traded on our website
1.9 “Business Day” means a day (other than a Saturday or Sunday or public holiday) on which foreign exchange markets will be open;
1.10 “Call Option” gives the holder the right to buy an option at any time until its expiry date at a predetermined price;
1.11 “CFD Contract” or “CFD” means a Contract For Difference by reference to fluctuations in the price of the relevant Underlying Asset;
1.12 “Contract” means a derivative and includes an FX Position, an Option and a CFD;
1.13 “Data” means all financial and other information which is transferred between the Parties pursuant to the provision of the services whether in electronic format or hard copy;
1.14 “Data Subjects” means the Client’s customers, employees, agents and any other individuals or entities whose Personal Information or other Data the Client provides to the Company for purposes of the services;
1.15 “Exchange Control Regulations” means the Exchange Control Regulations, published in terms of the Currency and Exchanges Act, 9 of 1933, as amended from time to time;
1.16 “F.C.A Account (Global Account)” means a Foreign Currency Account conducted by Residents (natural persons only) and Non-Residents with Authorised Dealers;
1.17 “FEC” means a forward exchange contract also known as an outright contract;
1.18 “ISDA” means the International Swaps and Derivative Association Inc.;
1.19 “LIBOR” means the London Inter Bank Offer Rate as published on Reuters as being the ICE Benchmark Administration Limited’s interest settlement rate;
1.20 “Limit Order” means a firm instruction from a Client to the Company to monitor and automatically execute a Spot Transaction when the order level is reached;
1.21 “Margin” means a sales margin added to the wholesale rate;
1.22 “Party or Parties” means either the Company or the Client, or both, as the context indicates;
1.23 “Personal Information” means personal information as referred to in the Protection of Personal Information Act, 2013;
1.24 “Prime Rate” means the interest rate (percent, per annum, compounded monthly) published by the Bank from time to time as being its prime lending rate;
1.25 “Product, Channel and Account” Specific Terms and Conditions means the terms and conditions governing the respective Channels, accounts and products;
1.26 “Slippage” means the difference between the stipulated rate of a Limit Order and the rate at which the Limit Order is transacted. Once a limit order is triggered it stays active until filled. This will be at prices available given the Liquidity at the time until the Limit Order is executed in full;
1.27 “Spot Rate” means the rate is booked and the Transaction is settled within 2 (two) Business Days;
1.28 “Spot Deal” means a Transaction where the Value Date is 2 (two) Business Days after the instruction date;
1.29 “SWIFT” means Society for Worldwide Interbank Financial Telecommunications, an electronic communications platform across which banks effect cross border payments;
1.30 “Settlement Date” means the agreed maturity date of a Transaction provided always that settlement must always occur on a Business Day within the prevailing cut off times for the currency that is the subject of the applicable Transaction;
1.31 “Trade Date” means a date upon which a Transaction is concluded;
1.32 “Transaction” means a currency transaction concluded between the Parties and comprising of either a spot, pre-spot, forward or swap transaction;
1.33 “Value Date” means the agreed date of settlement of a Transaction;
1.34 “Website Terms and Conditions” means the terms and conditions governing trading in our platform;
1.35 “you” or “your” means the Account Holder;
2.1 The Terms and Conditions and the Transaction confirmation form part of the Client’s Agreement with the Company.
2.2 We reserve the right to amend these Terms and Conditions from time to time. The Client is required to read these Terms and Conditions prior to entering into a Transaction.
2.3 Unless inconsistent with the context, an expression which denotes any gender includes the other gender, a natural person includes a legal entity and the singular includes the plural and vice versa.
2.4 References to writing, written notice, written instructions and the like shall include telefax and email.
2.5 No indulgence given to either Party shall constitute a waiver of any of either Party’s rights.
2.6 Terms printed in BOLD place a strict obligation on you and should therefore be carefully read and understood.
2.7 If any provision of these Terms and Conditions including these disclaimers and limitations shall be unlawful or unenforceable then such provision shall fall away and shall not affect the validity and enforceability of the remaining terms or any of the Client’s statutory rights which cannot be excluded by these Terms and Conditions.
2.8 The provision of Foreign Currency involves special risks which may affect the value of an order placed by virtue of fluctuation in exchange rate as a result of changes in financial markets.
2.9 Please note that Foreign Currency availability may be subject to monetary limits (in respect of the value and quantity of the Transaction processed), currency exchange restrictions and anti–money laundering regulations.
2.10 Each Transaction shall be subject to and conditional upon compliance with the Terms and Conditions and any relevant laws, including, without derogating from the generality of the foregoing, the Exchange Control Regulations.
2.11 The responsibility is on the Client to ensure that all Transactions comply with relevant laws, both local and international and monetary limits.
2.12 We shall have no liability whatsoever in relation to any demands, claims, actions, losses, costs and damages of whatever nature the Client may suffer as a result of the Client’s failure to comply with the Terms and Conditions and any related local and international rules, laws and regulations.
2.13 The Client is responsible for ensuring that all information supplied to the Bank is complete, correct and accurate. The Bank will not be held responsible for incorrect information supplied by the Client in respect of any Transactions.
2.14 No Transaction will be processed unless the required application form has been fully completed and submitted and all requested information and/or documentation has been received.
2.15 The Client hereby confirms that they have read and understood these General Terms and Conditions and specifically the portion relating to the processing of his/her personal information. The Client also confirms that the information provided is true, correct and current; including information about his/her residency and citizenship for local and international tax purposes, and that he/she will inform us if it changes.
3 Trading In Forex and Derivative Contracts
3.1 Information: Before instructing us to buy or sell any Forex under this Agreement you will provide to us, such personal information as we may require (including your bank account details and photographic identification) to confirm your identity in accordance with Know Your Customers (KYC) requirements of applicable securities regulations.
3.2 Execution of Orders: You agree and hereby give standing instructions that we may put any Trades entered into on your behalf to market at our discretion by: bundling client Trades coming to market; delaying execution of client Trades; delaying Trades to satisfy Crossings, and you may override the above standing instructions at the time a Trade is entered into.
3.3 Purchase: You may from time to time instruct us to execute trades on your behalf. Where you instruct us to trade, you must pay the purchase price for the Forex (together with all brokerage, fees and charges payable to us or any Broker) to us no later than the first Business Day after the date that Trade takes place.
3.4 Deposit: We are under no obligation to execute trades on your instructions until we have received in cleared funds payment of any deposit, we may require in order to cover the purchase price of the Securities
3.5 Sale: You may from time to time instruct us to sell Securities on your behalf. We may require you to complete and return to us a transfer form for those Securities before we undertake the Trade.
4.1 Deposits and Margins: You agree and acknowledge that, whilst holding an open position in a Contract or Trade (including any Short Selling of Securities by you) you must provide us with telephone contacts through which you may be called (24) twenty-four hours a day; we may make a Margin Call or call for the provision of other security as we, in our absolute discretion, consider appropriate in connection with the obligations incurred by us in respect of Financial Products or Trades entered into for your Account.
4.2 Before you will be permitted to enter into a Trade, you will be required to deposit with us in cleared funds as Initial Margin. Before we make any Short Sale of Securities on your behalf, you will be required to deposit with us in cleared funds a sum no less than the minimum Margin cover required by the Exchange Rules.
4.3 If there is a rise in the market price of a Security while holding an open Share Sale position on such Security, you will be required to deposit with us in cleared funds a sum no less than the minimum additional Margin cover required by the Exchange Rules, as a Variation Margin;
4.4 Where Securities are provided as Margin cover by you under this clause in connection with any Short Selling, you will be required to deposit with us in cleared funds further additional Margin cover as a Variation Margin.
4.5 If, in respect of any Contract or Trade, your Unrealised Losses at any time exceed the sum of your Unrealised Profits, we may give notice requiring you to deposit with us in cleared funds as a Variation Margin cash in an amount equal to such excess;
4.6 Positions in an Online Trading Account may automatically be closed if the equity in your Online Trading Account has been reduced due to the unrealised losses on the open positions, and you may not be given any warning or receive any Margin Calls prior to the position(s) being closed;
4.7 Liability to pay an Initial Margin accrues at the time the Contract or Trade is executed (regardless of when the call is made) and liability to pay a Variation Margin accrues at the time the Variation Margin comes into existence (regard less of when or if a call is made);
4.8 We have the right whenever in our discretion we consider it appropriate to, increase or lower the Margin or deposit requirements or any other requirements for the payment of money or provision of security; or increase the Initial Margin requirements applicable in respect of any Contract or Trade, which once established, may apply to existing Contracts or Trades as well as to new Contracts or Trades affected by such change. We may at any time give notice requiring you to deposit with us cash in an amount equal to such an increase;
4.9 If we make a Margin Call, you acknowledge that we may refuse any request by you to enter into any further Contracts or Trades (other than to close out any existing Contracts) until we have confirmed receipt of the Margin Call in cleared funds;
4.10 The time by which you must pay any amount called or provide security is of the essence and if no other time is stipulated by us when making a call then you are required to pay the amounts or provide the relevant security within twenty-four hours of the Margin deficit occurring or call for payment (or, where circumstances of unusual market volatility or liquidity subsist, such shorter period as we may in our absolute discretion determine),
4.11 Failure by you to pay any amount called or provide security at the time stipulated by us will be a Default Event;
4.12 Where a Margin Call is made on a Contract and the Margin Call has not been received in cleared funds, we may pay into your Derivatives Trust Account (as advance bearing interest and due and owing by you to us subject to the terms of this Agreement).
4.13 You are responsible to pay in cash any deficit owing to us after closure and that if you default in payment of such deficit, we may realise any securities held by us and apply the proceeds against that deficiency;
4.14 You will only be entitled to a refund of a Margin, or part of a Margin, once your obligations under this Agreement are satisfied in full. We may, in our sole discretion, allow you to withdraw from your Account any Excess Variation Margin;
4.15 We will call not less than the minimum deposit required by the relevant Exchange. Any decision by us as to the amount and the time for payment of a Margin Call will be final and binding on you;
4.16 Your liability in respect of Margin Calls is not limited to the amount, if any, deposited with us.
5. Trade Signals
The client accepts and agree to the following daily trade suggestions conditions:
5.1 We will provide you with suggestions and recommendations daily,
5.2 We post all recommendations for members attentions on our website,
5.3 Handling and managing suggested trades is the client’s sole discretion,
5.4 We reserve the right to stop the service at any period in time,
5.5 Please not that trade signals do not represent advise and thus we will not be liable of any financial result from any trade you execute,
5.6 Under no circumstances can the Client share their log in details or trade suggestions to a third party. The log in ISP address of each client is tracked.
5.7 Should you feel that your login details have been compromised or disclosed to a third party, the client should contact the company immediately so as to breach and obtain new login details.
6. Applicable Charges
6.1 A Margin on exchange rates, fees, charges and or commissions will be levied on all Transactions. Margins, commissions and charges are specific to the type of Transaction concluded.
6.2 All Transaction costs, fees and charges will be credited and debited from and to the Client’s Nominated Bank Account, unless otherwise advised by the Client. It will be displayed on the Client’s Nominated Bank Account transaction history and/or by a confirmation provided by the Bank.
6.3 If no account is specified, the Client will be obliged to advise us of the bank account into which payment must be made by no later than the Value Date. Failure to advise us of the Client’s bank account within the aforementioned timelines will entitle the Company to:
6.3.1 cancel the Transaction concerned, and the Client will be liable for any loss arising as a result thereof;
6.3.2 We are authorised by the Client to debit any account held in the Client’s name with:
6.3.3 any amount overpaid to the Client;
6.3.4 any amount paid in error;
6.4 Fees and charges in respect of the relevant Transaction and/or any other out of pocket expenses including VAT or similar tax which we incur in connection with maintaining and forcing our rights in respect of any Transaction;
6.5 Any legal fees associated with the recovery of any and all sums from the Client;
7. Anti-Money Laundering
7.1 You agree that the company may delay, block or refuse to process any transaction without incurring any liability if we suspect that:
7.1.1 the transaction may breach any laws or regulations of any other country; or transaction involves any person (natural, corporate or governmental) that is itself sanctioned or is connected, directly or indirectly, to any person that is sanctioned under economic and trade sanctions imposed by any other country; or
7.1.2 the transaction may directly or indirectly involve the proceeds of, or be applied for the purposes of, conduct which is unlawful in any other country.
7.1.3 You must provide all information to us which we reasonably require in order to manage money-laundering risk or terrorism-financing risk or economic and trade sanctions risk or to comply with any laws or regulations in other country.
7.2 You agree that we may disclose any information concerning you to:
7.2.1 any law enforcement or regulatory agency where requested, or where required by any court, law or regulation, in Australia or any other country; and
7.2.2 any correspondent we use to make any payment for the purpose of compliance with any law or regulation.
7.2.3 You declare and undertake to us that the processing of any transaction by us in accordance with your instructions will not breach any laws in any other country.
8. Impact of Leverage
8.1 You might decide to utilise leverage on your Forex Transactions. The leverage effect differs according to client, period or other criteria applied by the company. For example, leverage allowed to overnight transactions or outside business days is different from the maximum leverage allowed during business days. As such clients should note that executing trades when maximum leverage effect is different can possibly liquidate all or part of client’s open positions.
8.2 At our sole discretion, we reserve the right to change the maximum leverage effect and required margins at any time without notice for a period of time for our clients. This may happen occasionally due to extreme adverse market conditions characterised by high volatility or low liquidity. Any change to the maximum the required margin or leverage has a possibility of liquidation part or all of a client’s open positions.
8.3 The Client hereby acknowledges that he shall accept any consequence arising from a change to the Required Margin or the maximum leverage effect.
9. Forex Derivatives
9.1 Derivative transactions are governed by the definitions and provisions contained in the 1998 Foreign Exchange and Currency Option Transaction Definitions. In the event of any inconsistencies between those definitions and the confirmation provided by the company, the terms of the confirmation will prevail.
9.2 Each Party should present to the other Party on the date on which it enters into a Transaction that:
9.2.1 Non-Reliance. It is acting for its own independent decision to enter into a Transaction and as to whether the Transaction is appropriate or proper based upon its own judgement and upon advice from such advisers as it has deemed necessary. It is not relying on any communication of the other Party as investment advice or a recommendation to enter into a Transaction. It being understood that information and explanations related to the terms and conditions of a Transaction shall not be considered investment advice or a recommendation to enter into a Transaction. No communication received from the other Party shall be deemed to be an assurance or guarantee as to the expected results of a Transaction.
9.2.2 Assessment and Understanding. It is capable of assessing the merits of and understands and accepts, the terms, conditions and risks of a Transaction. It is also capable of assuming, and assumes, the risks of a Transaction.
10. Use of Data
10.1 The client acknowledges that our systems will record and track your use of our FX online site. You acknowledge that, we may use your information for our business purposes to enable us to provide you with information about our services that may be of interest to you and enhancing our services and providing of the FX online platform.
10.2 You acknowledge that we may disclose your information to third parties in terms where you cannot be specifically identified, where you have consented to such disclosure, where we believe such disclosure assists national security in performing their functions and where we are permitted or required by law to disclose your information.
11.1 Payments to your preferred account
11.2 We will not make payments or currency transfers to accounts, until we have satisfied our “know your customer” process. If we are unable to satisfy the know your customer process, we will exercise our rights in accordance with terms and conditions for trading in foreign exchange transactions.
11.3 With instruction from the client to transfer funds to an account nominated by you, we seek to deliver according to your electronic instructions or in a manner appropriate for such circumstances. In such a case when we are unable to make a direct payment to your account, we have a facility to make use of a correspondent to make your payment.
12. Trading after hours
12.1 We provide afterhours dealing for the following terms and provisions:
12.1.1 We offer a limited number of trading currencies after hours and with our sole discretion can change the available currencies without prior notice;
12.1.2 Liquidity or the availability of exchange rates will not be guaranteed to the traders.
13. Placing a Limit Order
13.1 A limit order refers to the buying and selling of forex for a stated spot rate. The limit order I valid for a period not more than a year after an order has been placed, and they are executed within our platform.
13.2 In an event of a major price shift or movement from the agreed price, the limit order will be executed on the specified price depending on the direction of the price movement and liquidity at the specific rate. In such cases where liquidity may be low, the limit order takes place at the next available price. The client reserves the right to make multiple amendments to their order, but they remain liable for costs related to each amendment.
14.1 The Client warrants that:
14.1.1 The client shall not contravene any laws, rules and regulations pertaining to any transaction and the client warrants that every transaction will be in accordance within the permissions granted to the client.
14.1.2 We reserve the right to terminate any non-compliant transactions in accordance with the exchange control regulations.
14.1.3 The client fully acknowledges that it has all the knowledge governing forex transaction, and warrants that the transactions are in no way contravening any local or international laws, rule or regulations.
14.1.4 The client has fully read and understood the contents of the terms and conditions and therefore agrees to be bound by them.
14.1.5 Information and documents provided in support of this application are true and correct and the client will inform us, should any of the provided change.
14.1.6 The currency applied for, will only be used for the purposes specifically stated in the clause.
14.1.7 The client has not applied for a similar transaction with another authorised dealer.
14.1.8 The client has been information of any limits applicable to certain transactions and the client acknowledges that he will not exceed such limits when concluding any relevant transaction.
14.1.9 The client understands the terms and conditions and the fees therefore that apply to any particular transaction.
15. Deposits and Withdrawals of funds
15.1 Deposits directly to your account
15.1.1 You can deposit funds directly to your account through the payment methods available in your personal account area. Should you have any trouble executing the deposits automatically, your deposit request can be logged to our finance department.
15.2 Withdraw funds from your account
15.2.1You can withdraw your funds from your account using the following payment systems as availed to you through our platform:
15.3 You can withdraw funds using the same protocol as was used, via the deposit method;
15.4 We can reject your request to withdraw funds in exceptional cases, where the payment system operation was terminated.
15.5 Withdrawal requests take two working days to be processed, upon receipt of a request to withdraw funds.
15.6 We reserve the right to request information about your source of income or source of funds in order to verify legitimacy of your deposits and withdrawals, and in order to comply with applicable regulations.
15.7 Deposits into an account via a debit or credit card, enable you to withdraw funds from your account to your personal bank account only. You can not perform an internal transfer of the funds from an account deposited via a debit or credit card.
15.8 If an account was deposited through a debit or credit card the client can withdraw up to 100% of the initial deposit to the card, and anything exceeding the initial deposit may be withdrawn in full or in part via a bank transfer.
15.9 We reserve the right to scrutinise and reconcile the client’s financial operations on your trading account in order to instil consistency and authenticity of your trading activities in our platform.
15.10 Any discrepancies in financial transactions, the company in its sole capacity may cancel any financial operations not found in our payment system records.
15.11 The company also reserves the right to cancel trading operations executed with unconfirmed funds.
15.12 Movement of funds
15.12.1 Transfers between third parties are not possible. The Company is entitled to prohibit to deposit or withdraw funds to the third parties.
15.13 Financial security
15.13.1 We may at any point request you to submit your personal data (identification document) and any other relevant document. Verification of your personal data enables us to ensure security to your funds.
15.14 Trading Channels
15.14.1 The trading channels specific to client should be read in conjunction with the terms and conditions as outlined.
15.15 Online Channel
15.15.1 Once you open an account with us, we will provide you with the platform to deal, purchase and sell foreign currency online via our online website.
15.16 The online platform is always available for the currencies listed on our trading website and updated from time to time.
15.17 We update our quoted exchange rates in relation to prevailing market conditions.
15.18 By clicking accept on the quoted exchange rate online, the client agrees to purchase or sell a currency at the quoted rate at the particular time the client makes an application.
15.19 Please note that the information provided in connection with the online trading platform is not financial advice and thus should not be misconstrued as such.
15.20 Phone Channel
15.20.1 We offer a platform compatible with smartphones for trading in foreign currency. The client can purchase or sell foreign currency using the platform compatible with the related smartphone.
15.21 Online Trading
15.21.1 We provide you with an Online Trading Platform that affords you efficient trading and dealing in Contracts and Forex on an execution only basis, which means that we will not advise you regarding the merits of a particular transaction and will merely carry out your instruction.
15.21.2 To use our trading platform, you must first establish an Online Trading Account and acknowledge that, positions in your online trading account may be automatically closed without any prior warning or margin call if your equity is low, due to unrealised losses on your open positions.
15.21.3 We will provide you with a Login ID for Online Trading. Please ensure the following for your online trading ID:
126.96.36.199 always secure your login ID;
188.8.131.52 do not share, disclose your login ID;
184.108.40.206 not write down your Logon ID, record or store it anywhere in written or electronic form, including in a file on your computer or in any password saving facility or on your mobile device. Never leave your computer or mobile device unattended while logged in to online trading.
15.22 It is your responsibility to ensure confidentiality and use of your login ID. If you become aware of any loss or theft or suspect unauthorised use of your login ID, you must notify us immediately and change your password. If suspicious activity is detected, we might cancel your login ID anytime without prior notice, but we will ensure that we notify you as soon as we make the cancellation.
15.23 Anyone accessing Online Trading by using your Logon ID will be able to execute transactions on your Account. We do not have any obligation to verify instructions received from you, any authorised person, or appearing to be sent by you or another person authorise to operate your online trading account.
15.24 You are responsible for all information sent to us using your login ID. You are also liable to us for any trades executed using your login ID.
15.24.1 you must ensure that you monitor your online trading instructions regularly.
15.24.2 always initiate appropriate internal controls to minimise risk of fraud.
15.24.3 the client acknowledges that third parties that provide online trading facilities may access and store your trade and account information for future reference.
15.25 it is your responsibility to acquire equipment that is compatible with online trading facilities.
15.26 You agree to pay any and all charges relating to using Online Trading facilities. These charges are subject to change.
15.27 trading orders vary widely across trading systems, as such you should consult the rules and regulations of relevant exchange offering the trading systems to understand trading systems, procedures, opening and closing positions and pricing policies between deals and trades, their limitations, qualifications for access and limitations on other types of orders that may be entered into the trading system.
15.28 All the different factors presented, expose a trader to multiple risks associated with trading or using a particular trading system.
15.29 On the other hand, internet-based trading systems expose the trader to additional type of risks related to security, system access, risks related to the service provider and monitoring of emails. Please note that the risks noted above are outside our control and thus it is the trader’s responsibility to educate themselves on such risks and create possible hedging measures.
15.30 In the event of system failure, you may not be able to Deal or Trade for a certain period of time, including opening new positions, closing out existing positions, entering new orders, executing existing orders, or modification an cancellation of orders previously entered.
15.31 The client acknowledges that he fully understands the risks associated with transmission of information using the internet and acknowledges that he agrees to hedge against risk of loss, claims, costs, expenses and liabilities suffered by us arising from any trading system by you, your agents, contractors, employees or any act of omission thereof.
15.32 We offer real-time forex trading prices to you. However delayed transmission might affect the prices we offer to you and you the price we offer might have changed before receival of your order. In case we transmit an auto-order execution to you, we are entitled to change your order price to the current market value at which you executed your order.
15.33 All instructions sent by you via our trading system only constitute a binding contract between us to you once such instructions have been recorded as executed by us and confirmed by us to you.
15.34 Trading systems come in different versions and all several versions have distinct features including but not limited to, levels of security applied and the products and services offered. The client acknowledges that any loss or burden suffered due to use of different versions from our standard version will be borne by him.
15.35 If you wish to access any other trading system for forex exchange you should be aware that the data you process through the particular trading system is not our property and thus remains the property of the particular exchange. You should not retransmit the data in any way before entering into a written agreement with the exchange.
15.36 The client acknowledges that any form of misuse of online trading facilities, errors made in entering messages in the trading system among other errors, losses arising from such activities will be borne by the client.
15.37 Once you activate your online forex trading account we will:
15.37.1 On your behalf receive and transmit forex orders,
15.37.2 Deliver to you foreign exchange services associated with the provision of investment service.
15.37.3 Provide the client with protection and administration of financial instruments for his account.
15.37.4 Research and financial analysis related to investing in forex and advise on how to execute trades and transact in the forex market.
15.38 Please note that we will not give you tailored advise pertaining to benefits and potential profits from a particular trade but on your sole discretion will make all trading and other decisions based on your personal judgement for which you will seek independent advice and relevant education before entering into. Before asking us to execute any trade on your behalf, you should represent that you were responsible for making complete due diligence into the risks affecting the particular transactions. The client acknowledges that he has sufficient knowledge and fully understand the forex market and has sought professional expert advice to enable him to make his own evaluation of the risks to any transactions.
15.39 Your experience and knowledge in forex investment helps us assess which product or services are appropriate to you. Should the information provided to us be inaccurate, our capacity to assist you might be limited and we will not be able assess appropriateness and suitability of services we recommend for you. Failing to provide sufficient information or lack of it affects our ability to assess your skills and experience in trading and thus exposing you to forex trading risks. With your approval we may proceed to assist you but however, we will not be able to determine whether forex trading and certain risks are appropriate for you. Accordingly we strongly advise you to provide us with all the relevant information concerning your knowledge, skills and experience as such will be necessary for purposes of enabling us offer relevant and appropriate financial products for you.
16. Applicable Law and Jurisdiction
16.1. This Agreement and all transactions between the Client and the Company, shall exclusively be governed by and construed in accordance with substantive South African law.
16.2. The Client accepts the terms and conditions of this agreement, the Client:
16.2.1 Agrees that he has read and understood the order execution policy
16.2.2 Confirms that he has read the Risk Disclosure document and fully understands risks associated with forex trading.