ACTIONS WE MAY TAKE Clause Samples
ACTIONS WE MAY TAKE. If we determine that a Force Majeure Event exists then we may (without prejudice to any other rights under this Client Agreement and at our sole discretion) take any one or more of the following steps:
(a) alter normal trading times;
(b) alter the Margin Percentage;
(c) amend or vary this Client Agreement and any transaction contemplated by this Client Agreement, including any Contract, insofar as it is impractical or impossible for us to comply with our obligations to you;
(d) close any or all open Positions, cancel instructions and orders as we deem to be appropriate in the circumstances; or
(e) take or omit to take all such other actions as we deem to be appropriate in the circumstances having regard to the Positions of us, you and other customers.
ACTIONS WE MAY TAKE. 24.3.1 If we determine that a Force Majeure Event exists then we may (without prejudice to any other rights under this Client Agreement and at our sole discretion) take any one or more of the following steps:
(a) alter normal trading times;
(b) the Margin Percentage, Margin Call Level and/or Stop Out Level;
(c) amend or vary this Client Agreement and any transaction contemplated by this Client Agreement, including any Contract, insofar as it is impractical or impossible for us to comply with our obligations to you;
(d) any or all open Positions, cancel instructions and orders as we deem to be appropriate in the circumstances; or
(e) take or omit to take all such other actions as we deem to be appropriate in the circumstances having regard to the Positions of us, you and other customers.
24.3.2 In some circumstances, we may be unable, after using all reasonable efforts, to acquire, substitute, maintain, unwind or dispose of any Underlying Instrument we consider necessary to hedge or protect our exposure to market and other risks arising from an open Position. In such circumstances, we may close that open Position at the Contract Price.
24.3.3 To the extent practicable, we will take reasonable steps to notify you of any action that we propose to take under clause 24.3 before we take such action. If it is not practicable to give you prior notice, we will notify you at the time promptly after taking any such action.
ACTIONS WE MAY TAKE. If we determine that a force majeure event exists then we may (without prejudice to any other rights under this Agreement and at our sole discretion) take any one or more of the following steps:
a. Alter normal trading times;
b. Alter the margin percentage;
c. Suspend the trading platform;
d. Amend or vary this Agreement and any transaction contemplated by this Agreement, including any contract, insofar as it is impractical or impossible for us to comply with our obligations to you;
e. Close any or all open margin FX contracts or CFDs, cancel instructions and orders as we deemed to be appropriate in the circumstances; or
f. Take or omit to take all such other actions as we deem to be reasonably appropriate in the circumstances having regard to the positions of us, you and other customers.
ACTIONS WE MAY TAKE. 18.1 What Constitutes an Event of Default
18.1.1 an Insolvency Event occurs in relation to you;
18.1.2 you are an individual, your death or your incapacity;
18.1.3 you fail to provide any Margin or other sum due under the Agreement in respect of any Positions, or the Margin held by us in respect of any open Positions falls below our Margin Requirements;
18.1.4 you are in breach of any obligation, warranty or representation made under the Agreement (whether by act or omission) and/or any information provided to us in connection with the Agreement is or has become untrue or misleading;
18.1.5 you knowingly take advantage of an incorrect price when dealing with us and a reasonable person in your position would have known the price offered was incorrect or we consider that you have, or have attempted to, manipulate the Trading Platform or any other system of ours in any way;
18.1.6 any fee or other payments due to us are not paid in accordance with the Agreement;
18.1.7 whether or not any sums are currently due to us from you, where any cheque or other payment instrument has not been met on first expectation or is subsequently dishonoured or you have consistently failed to pay any amount owed to us on time;
18.1.8 at any time or for any period deemed unreasonable by us you are not contactable, or you do not respond to any notice or correspondence from us;
18.1.9 we reasonably believe it is prudent for us to take any or all of the actions described in clause 18.2 in light of any relevant legal or regulatory requirement applicable either to you or to us;
18.1.10 we consider that there are abnormal trading conditions;
18.1.11 we consider it necessary for the protection of our rights under the Agreement;
18.1.12 we are unable to quote price in any Products due to the unavailability of the relevant market information or any other reasons beyond our control;
18.1.13 we consider that you may be in breach of or have failed to comply any Applicable Law;
18.1.14 we are so requested by ASIC or any other regulatory body or authority;
18.1.15 the Client Money Trust Account in which your Client Money is held becomes frozen by the relevant account provider resulting in us losing the ability to withdraw or deposit funds from the Client Money Trust Account;
18.1.16 the aggregate of your Orders and a certain Order/Contract is outside the Normal Trading Size, or otherwise exceeding any credit or other limit placed on your dealings;
18.1.17 where we have not received, within ten ...
ACTIONS WE MAY TAKE. If we determine that a Force Majeure Event exists, then we may (without prejudice to any other rights under this Client Agreement and at our sole discretion) take any one or more of the following steps:
(a) amend or vary this Client Agreement insofar as it is impractical or impossible for us to comply with our obligations to you;
(b) cancel instructions as we deem to be appropriate in the circumstances; or
(c) take or omit to take all such other actions as we deem to be appropriate in the circumstances.
ACTIONS WE MAY TAKE. 5.01 Credit Report Authorization and Verification of Information
ACTIONS WE MAY TAKE.
(a) alter normal trading times;
(b) alter the Margin Percentage;
(c) amend or vary this Client Agreement and any transaction contemplated by this Client Agreement, including any Contract, insofar as it is impractical or impossible for us to comply with our obligations to you;
(d) close any or all open Positions, cancel instructions and orders as we deem to be appropriate in the circumstances; or
(e) take or omit to take all such other actions as we deem to be appropriate in the circumstances having regard to the Positions of us, you and other customers.
ACTIONS WE MAY TAKE. If we determine that a Force Majeure Event exists then we may (without prejudice to any other rights under this Client Agreement and at our sole discretion) take any one or more of the following steps:
(a) alter normal trading times;
(b) alter the Margin Percentage;
(c) amend or vary this Client Agreement and any transaction contemplated by this Client Agreement, including any Contract, insofar as it is impractical or impossible for us to comply with our obligations to you; ThreeTrader Global Limited VFSC: 40430 Client Agreement Version: 1.0
(d) close any or all open Positions, cancel instructions and orders as we deem to be appropriate in the circumstances; or
(e) take or omit to take all such other actions as we deem to be appropriate in the circumstances having regard to the Positions of us, you and other customers.
ACTIONS WE MAY TAKE. 45.1. If an Event of Default occurs, we are entitled, but not obliged, to take all or any of the following actions without prior notice to you:
(a) immediately require payment of any amount owed to us, regardless of due date;
(b) terminate the Agreements;
(c) close all or any of your Transactions;
(d) suspend or close your CAPAY Account(s);
(e) refuse your Instructions to establish new Transactions;
(f) convert any ledger balances to Australian dollars;
(g) impose restrictions to your CAPAY Account or Transaction(s);
(h) limit or withdraw the credit on your CAPAY Account;
(i) call on any guarantee in respect of your obligations;
(j) require you immediately to settle any Transactions in such a manner as we request;
(k) combine, close or consolidate any of your CAPAY Accounts and offset any amounts owed to, or by, us in such manner as we may in our absolute discretion determine; or
(l) retain any amount owed by us to you against any contingent liability of yours to us or so long as the contingency subsists.
45.2. If we take any of the above action(s), we will not incur any liability to you for Losses that you may suffer or incur as a result.
ACTIONS WE MAY TAKE. Credit Report Authorisation and Verification of Information
5.1 You authorise us, directly or through third parties, to make any inquiries or take any actions we consider necessary to validate your identity, evaluate your creditworthiness, and verify information that you have provided to us.
5.2 You authorise us to obtain financial and credit information, such as pulling your personal credit report, or the credit report for your directors, officers, and principals or such other relevant credit reports.
5.3 By completing your application to become an Ezypayment Services user, you are providing us with written instructions and authorisation to obtain such financial information or credit reports.
5.4 In the event that we are unsuccessful in receiving satisfactory information for us to verify your identity or determine that you are creditworthy, we reserve the right to terminate this Agreement with immediate notice to you, cease to provide access to the Ezypayment Services, and refuse or rescind any payments made or received.
5.5 If we believe that your Transactions pose an unacceptable level of risk, that you have breached the terms of this Agreement, or that your account has been compromised, or if demanded by counterparties we interact with, we may take various actions to avoid liability.
5.6 The actions we may take include, but are not limited to, suspending or limiting your ability to use the Ezypayment Services, refusing to process any Transaction, reversing a Transaction, holding your Payouts, and contacting your customers to verify Transactions and reduce potential fraud and disputes or close your account.
5.7 We can also request for originals or copies of invoices, bills, purchase orders, delivery orders, goods received notes, debit advice, credit advice, lease rental agreements or any other document that were contracted and executed by you in pursuance of the payment executed on our platform. You will endeavour to promptly provide us the documents requested.
5.8 If possible, we will provide you with advance notice of our actions and resolution steps. However, advance notice will not be provided if there is an immediate need to take actions such as a security threat, potential fraud, or illegal activity.
