Common use of CLIENT ACKNOWLEDGEMENTS Clause in Contracts

CLIENT ACKNOWLEDGEMENTS. (1) You acknowledge to Mitrade that: (a) Mitrade utilises the execution and settlement services of an appropriately licensed third party in order to hedge against its exposure to your positions; (b) Open contracts shall remain open indefinitely until such date as they are closed; (c) Mitrade shall be entitled to take any action it considers necessary in its absolute discretion to ensure compliance with the Operating Rules and all other applicable laws and regulatory decisions; (d) ▇▇▇▇▇▇▇ will act as principal in respect of the Financial Products traded by Mitrade regardless of whether Mitrade is acting on Client instructions or not; (e) you have been made specifically aware that Mitrade acts as a market maker involved in both the dealing in and the pricing of its own Financial Products, which may result in actual or potential conflicts of interest; (f) subject to applicable legal/regulatory requirements and the Staff Personal Trading Policy, you agree and acknowledge that ▇▇▇▇▇▇▇’s directors, employees and associates may and can deal on their own account; (g) you have no rights, whether by way of subrogation or otherwise, against any agent, representative, partner, associate, officer, etc of Mitrade; (h) in the course of hedging against client transactions, any benefit or right obtained by Mitrade against its hedge counterparty is personal to Mitrade and such benefit or right shall not pass to you; (i) a notice issued by an authorised officer or agent of Mitrade stating the amount of money due and payable by you shall be taken as final evidence thereof in the absence of manifest error; (j) all calculations made by Mitrade under this Client Agreement will be binding on you in the absence of manifest error; and (k) Mitrade may in its absolute discretion increase its Margin Requirements, re-price positions, alter its spreads, close any or all of your open margin trades and/or suspend or modify the application of all or any of the terms, including but not limited to, altering the last time for trading a particular margin trade.

Appears in 5 contracts

Sources: Client Agreement, Client Agreement, Client Agreement

CLIENT ACKNOWLEDGEMENTS. 11.1 You, the Client, acknowledge and confirm to Admiral for Admiral’s benefit in relying on the following: you (1or, if a corporate entity, the directors who apply to be bound by these Account Terms) You acknowledge have read and understood all documentation provided to Mitrade that: you by us including these Account Terms and any product disclosure statement (aPDS) Mitrade utilises the execution and settlement services of an appropriately licensed third party in order relation to hedge against its exposure any Admiral Products which you request Admiral to make available to you in relation to your positions; Account; you have received, read and understood the Account Terms; all dealings in Admiral Products and the performance by us of our obligations under these Account Terms are subject to Applicable Laws; at all times you will be able to make payments and fulfil all commitments on your part arising under these Account Terms and under the conditions applicable to dealings between you and Admiral; that trading in Transactions incurs a risk of loss as well as a potential for profit; we will not provide legal, tax, financial or accounting advice to you as part of the services that we provide to you in accordance with these Account Terms; by these Account Terms (bincluding any Transaction made under it) Open contracts shall remain open indefinitely until we do not act in a fiduciary capacity in relation to you and Admiral does not owe any fiduciary obligations to you in respect of its services provided to you in connection with these Account Terms; Admiral may transfer from your other Account(s) held with Admiral (if any), whether carried or managed by Admiral, such date funds as they are closed; may be required to meet obligations as a result of Transactions between the Client and Admiral or to satisfy any amount owing by the Client under these Account Terms or otherwise and Admiral would not enter into these Account Terms but for this acknowledgement (c) Mitrade shall be entitled to take any action it considers necessary in its absolute discretion to ensure compliance with the Operating Rules and all of the other applicable laws terms); Admiral will either deal by issuance of a contract or it will instruct third parties to deal on behalf of the Client, in the Admiral Products, as required by the Transaction; the Client will provide to Admiral on request such information regarding its financial and regulatory decisions; (d) ▇▇▇▇▇▇▇ business affairs and identity, as Admiral may reasonably require; in agreeing to these Account Terms, the Client appoints Admiral as its agent for the purpose of dealing in Admiral Products in accordance with these Account Terms when necessary to implement your Order; that all Orders to be placed and all trading to be conducted under these Account Terms must be lawful; in executing and complying with these Account Terms, the Client will not infringe any provisions of any other document or agreement to which the Client is a party; the Client will take all reasonable steps to obtain and communicate to Admiral all information, and will deliver or cause to be delivered to Admiral all documents with respect to dealings in the Admiral Products which are requested by any person having the right to request such documents and information and the Client authorises Admiral to pass on or deliver all such information and documents to any such person; the Client will indemnify and keep indemnified Admiral and each of its related bodies corporate and their respective directors, officers employees and agents from and against all sums of money, actions, proceedings, suits, Claims, complaints, demands, damages, costs, expenses and any other amounts whatever claimed against any of them; Admiral is not required to act in accordance with your instructions if in Admiral’s opinion to do so would or could constitute a breach by it or its agent or counterparty of the Corporations Act or any other Applicable Law; dealings in the Transactions will create an obligation to make a cash payment in accordance with these Account Terms; Admiral acts as principal in respect of the Financial Admiral Products traded issued by Mitrade Admiral regardless of whether Mitrade Admiral is acting on Client instructions or not; (e) you have been made specifically aware that Mitrade acts as a market maker involved in both the dealing in and the pricing of its own Financial Products, which may result in actual or potential conflicts of interest; (f) ; subject to applicable legal/legal or regulatory requirements and the Staff Personal Trading Policyrequirements, you agree consent to Admiral either knowingly or unknowingly taking the opposite side to the Client in relation to any of the Admiral Products, without notice to the Client; subject to applicable legal or regulatory requirements, the Client agrees and acknowledge acknowledges that ▇▇▇▇▇▇▇Admiral’s directors, employees and associates (and their directors, employees) may and can deal on their own account; account in Transactions which may be the same as or differ from your Transactions; Admiral may, in its sole discretion and without explanation, refuse to deal with or on behalf of the Client in relation to any Transaction (gincluding Closing Out existing open positions held in Admiral’s account on behalf of the Client) you or to limit the number of open positions of or held on behalf of the Client or both; if errors have no rights, whether by way of subrogation or otherwise, against any agent, representative, partner, associate, officer, etc of Mitrade; (h) occurred in the course pricing of hedging against client transactionsTransactions quoted by Admiral to the Client, any benefit Admiral may choose not to be bound by such Transactions (without further liability to the Client) if Admiral is able to substantiate to the Client that there was a material error at the time of the Transaction; there are risks associated with using an internet-based deal execution trading system which include, but are not limited to, the failure of hardware, software, and internet connection and since Admiral does not control data flows, internet or right obtained power connection, routing via internet, configuration of your equipment or reliability of its connection, Admiral will not be responsible for communication failures, distortions or delays when trading (including processing payments)) via the internet; reports to the Client on the execution of Confirmations by Mitrade against its hedge counterparty is personal Admiral, and the content of such Confirmations being statements, unless otherwise objected to Mitrade within 48 hours after communication to the Client, will be deemed to be conclusive proof of the accuracy of such contents and such benefit or right shall not pass to you; (i) their execution in accordance with these Account Terms except only in the case of manifest error; a notice issued by an authorised officer or agent of Mitrade Admiral stating the amount of money due and payable by you shall the Client will be taken as final conclusive evidence thereof of notice except only in the absence of manifest error; (j) all calculations made by Mitrade under this Client Agreement will be binding on you in the absence case of manifest error; andeach Admiral Product has a Leverage Rate which determines the minimum Margin cover which you must maintain for Transactions in that Admiral Product. Please see our PDS for the updated minimum margin requirements and leverage ratios in accordance with the ASIC Corporations (Product Intervention Order—Contracts for Difference) Instrument 2020/986; each Admiral Product is tailored by Contract Size; Admiral Products traded on a Trading Platform will not be settled by the physical or deliverable settlement of the Underlying Reference Instrument on their Value Date. The Admiral Products are rolled or “swapped” indefinitely until you decide to Close Out the Transaction. All representations, warranties and acknowledgments given by you under this these Account Terms are taken to have been made at the time you complete the Application Form and are taken to have been repeated by you: 1. each time you place an Order with us; 2. each time you enter into a Transaction with us, or we enter into a Transaction on your behalf; and (kc) Mitrade may each time we do anything or refrain from doing something under these Account Terms or as contemplated by these Account Terms in its absolute discretion increase its Margin Requirements, re-price positions, alter its spreads, close any or all of connection with your open margin trades and/or suspend or modify the application of all Account or any of Transaction. You will be deemed a retail client by Admiral. However, we reserve the termsright to assess your wholesale client or retail client status from time to time. If you satisfy the criteria to be classified as a wholesale client, including we may classify you as such. We are under no obligation to inform you if we classify you as a wholesale client but not limited to, altering the last time for trading may notify you as a particular margin tradecourtesy.

Appears in 3 contracts

Sources: Account Terms, Account Terms, Account Terms

CLIENT ACKNOWLEDGEMENTS. 11.1 You, the Client, acknowledge and confirm to Admiral for Admiral’s benefit in relying on the following: you (1or, if a corporate entity, the directors who apply to be bound by these Account Terms) You acknowledge have read and understood all documentation provided to Mitrade that: you by us including these Account Terms and any product disclosure statement (aPDS) Mitrade utilises the execution and settlement services of an appropriately licensed third party in order relation to hedge against its exposure any Admiral Products which you request Admiral to make available to you in relation to your positions; Account; you have received, read and understood the Account Terms; all dealings in Admiral Products and the performance by us of our obligations under these Account Terms are subject to Applicable Laws; at all times you will be able to make payments and fulfil all commitments on your part arising under these Account Terms and under the conditions applicable to dealings between you and Admiral; that trading in Transactions incurs a risk of loss as well as a potential for profit; we will not provide legal, tax, financial or accounting advice to you as part of the services that we provide to you in accordance with these Account Terms; by these Account Terms (bincluding any Transaction made under it) Open contracts shall remain open indefinitely until we do not act in a fiduciary capacity in relation to you and Admiral does not owe any fiduciary obligations to you in respect of its services provided to you in connection with these Account Terms; Admiral may transfer from your other Account(s) held with Admiral (if any), whether carried or managed by Admiral, such date funds as they are closed; may be required to meet obligations as a result of Transactions between the Client and Admiral or to satisfy any amount owing by the Client under these Account Terms or otherwise and Admiral would not enter into these Account Terms but for this acknowledgement (c) Mitrade shall be entitled to take any action it considers necessary in its absolute discretion to ensure compliance with the Operating Rules and all of the other applicable laws terms); Admiral will either deal by issuance of a contract or it will instruct third parties to deal on behalf of the Client, in the Admiral Products, as required by the Transaction; the Client will provide to Admiral on request such information regarding its financial and regulatory decisions; (d) ▇▇▇▇▇▇▇ business affairs and identity, as Admiral may reasonably require; in agreeing to these Account Terms, the Client appoints Admiral as its agent for the purpose of dealing in Admiral Products in accordance with these Account Terms when necessary to implement your Order; that all Orders to be placed and all trading to be conducted under these Account Terms must be lawful; in executing and complying with these Account Terms, the Client will not infringe any provisions of any other document or agreement to which the Client is a party; the Client will take all reasonable steps to obtain and communicate to Admiral all information, and will deliver or cause to be delivered to Admiral all documents with respect to dealings in the Admiral Products which are requested by any person having the right to request such documents and information and the Client authorises Admiral to pass on or deliver all such information and documents to any such person; the Client will indemnify and keep indemnified Admiral and each of its related bodies corporate and their respective directors, officers employees and agents from and against all sums of money, actions, proceedings, suits, Claims, complaints, demands, damages, costs, expenses and any other amounts whatever claimed against any of them; Admiral is not required to act in accordance with your instructions if in Admiral’s opinion to do so would or could constitute a breach by it or its agent or counterparty of the Corporations Act or any other Applicable Law; dealings in the Transactions will create an obligation to make a cash payment in accordance with these Account Terms; Admiral acts as principal in respect of the Financial Admiral Products traded issued by Mitrade Admiral regardless of whether Mitrade Admiral is acting on Client instructions or not; (e) you have been made specifically aware that Mitrade acts as a market maker involved in both the dealing in and the pricing of its own Financial Products, which may result in actual or potential conflicts of interest; (f) ; subject to applicable legal/legal or regulatory requirements and the Staff Personal Trading Policyrequirements, you agree consent to Admiral either knowingly or unknowingly taking the opposite side to the Client in relation to any of the Admiral Products, without notice to the Client; subject to applicable legal or regulatory requirements, the Client agrees and acknowledge acknowledges that ▇▇▇▇▇▇▇Admiral’s directors, employees and associates (and their directors, employees) may and can deal on their own account; account in Transactions which may be the same as or differ from your Transactions; Admiral ▇▇▇, in its sole discretion and without explanation, refuse to deal with or on behalf of the Client in relation to any Transaction (gincluding Closing Out existing open positions held in Admiral’s account on behalf of the Client) you or to limit the number of open positions of or held on behalf of the Client or both; if errors have no rights, whether by way of subrogation or otherwise, against any agent, representative, partner, associate, officer, etc of Mitrade; (h) occurred in the course pricing of hedging against client transactionsTransactions quoted by Admiral to the Client, any benefit Admiral may choose not to be bound by such Transactions (without further liability to the Client) if Admiral is able to substantiate to the Client that there was a material error at the time of the Transaction; there are risks associated with using an internet-based deal execution trading system which include, but are not limited to, the failure of hardware, software, and internet connection and since Admiral does not control data flows, internet or right obtained power connection, routing via internet, configuration of your equipment or reliability of its connection, Admiral will not be responsible for communication failures, distortions or delays when trading (including processing payments)) via the internet; reports to the Client on the execution of Confirmations by Mitrade against its hedge counterparty is personal Admiral, and the content of such Confirmations being statements, unless otherwise objected to Mitrade within 48 hours after communication to the Client, will be deemed to be conclusive proof of the accuracy of such contents and such benefit or right shall not pass to you; (i) their execution in accordance with these Account Terms except only in the case of manifest error; a notice issued by an authorised officer or agent of Mitrade Admiral stating the amount of money due and payable by you shall the Client will be taken as final conclusive evidence thereof of notice except only in the absence of manifest error; (j) all calculations made by Mitrade under this Client Agreement will be binding on you in the absence case of manifest error; andeach Admiral Product has a Leverage Rate which determines the minimum Margin cover which you must maintain for Transactions in that Admiral Product. Please see our PDS for the updated minimum margin requirements and leverage ratios in accordance with the ASIC Corporations (Product Intervention Order—Contracts for Difference) Instrument 2020/986; each Admiral Product is tailored by Contract Size; Admiral Products traded on a Trading Platform will not be settled by the physical or deliverable settlement of the Underlying Reference Instrument on their Value Date. The Admiral Products are rolled or “swapped” indefinitely until you decide to Close Out the Transaction. All representations, warranties and acknowledgments given by you under this these Account Terms are taken to have been made at the time you complete the Application Form and are taken to have been repeated by you: 1. each time you place an Order with us; 2. each time you enter into a Transaction with us, or we enter into a Transaction on your behalf; and (kc) Mitrade may each time we do anything or refrain from doing something under these Account Terms or as contemplated by these Account Terms in its absolute discretion increase its Margin Requirements, re-price positions, alter its spreads, close any or all of connection with your open margin trades and/or suspend or modify the application of all Account or any of Transaction. You will be deemed a retail client by Admiral. However, we reserve the termsright to assess your wholesale client or retail client status from time to time. If you satisfy the criteria to be classified as a wholesale client, including we may classify you as such. We are under no obligation to inform you if we classify you as a wholesale client but not limited to, altering the last time for trading may notify you as a particular margin tradecourtesy.

Appears in 3 contracts

Sources: Account Terms, Account Terms, Account Terms

CLIENT ACKNOWLEDGEMENTS. (1) You 4.1. You, the Client, acknowledge and confirm to Mitrade thatus for our benefit in relying on the following: (a) Mitrade utilises the execution you (or, if a corporate entity, your directors) have read and settlement services of an appropriately licensed third party understood all docu- mentation provided to you by us including this Agreement and any other disclosure documents in order relation to hedge against its exposure any Financial Products which you request FinPros to make available to you in relation to your positionsAccount; (b) Open contracts shall remain open indefinitely until such date as they are closedyou agree to be bound by this Agreement; (c) Mitrade shall be entitled all dealings in Financial Products and the performance by us of our obligations un- der this Agreement are subject to take any action it considers necessary in its absolute discretion to ensure compliance with the Operating Applicable Laws, Rules and all other applicable laws and regulatory decisionsand/or Regulations; (d) FinPros relies on your representation that at all times you will be able to make pay- ments and fulfil all commitments on your part arising under this Agreement and under the conditions applicable to dealings between you and FinPros; e) that trading in Transactions incurs a risk of loss as well as a potential for profit; f) that dealing in the Contracts is highly speculative and you may lose more than your Initial Margin, Variation Margin and other payments you make to us; g) it is your obligation to continuously monitor your Account and ensure that it con- ▇▇▇▇▇▇▇ has sufficient Margin Cover; h) you will indemnify and keep indemnified us and each of its related bodies corpo- rate and their respective directors, officers, employees and agents from and against all sums of money, actions, proceedings, suits, Claims, complaints, Loss, demands, damages, costs, expenses and any other amounts whatever claimed against any of them; i) FinPros is not required to act as principal in respect accordance with your instructions if in our opinion to do so would or could constitute a breach by us or our agent or hedge counter- party or any other Applicable Laws, Rules and/or Regulations; j) if errors have occurred in the pricing of Transactions quoted by us to the Client, we may choose not to be bound by such Transactions (without further liability to the Client) if we believe that there was a Manifest Error at the time of the Transaction; k) Financial Products traded on the Electronic Trading Service will not be settled by Mitrade regardless the physical or deliverable settlement of whether Mitrade is acting the Underlying Instrument. Depending on Client instructions the Financial Product, they are generally rolled or not“swapped” indefinitely until Closed Out; - electronic trading service l) an Open Position must remain open for the minimum period of time as determined by us and cannot be Closed Out by you during this period; (em) the English version of this Agreement prevails over any other translated version of this Agreement; and n) You agree with the deposit and withdrawal terms set out in our ‘Deposits and With- drawals Policy’. 4.2. You acknowledge and authorize us to record any or all incoming and outgoing phone calls with you without making a disclosure to you, every time you speak with a representa- tive of FinPros. These calls may be recorded with or without an audible tone. You agree that we may use such recordings for the purposes of monitoring and training its staff, monitoring compliance with you and our respective regulatory and contractual obliga- tions and resolving disputes. If there is a dispute between you, and us you have been made specifically aware the right to listen to any recording of those conversations (if still available). Nothing in this Agree- ment obliges us to keep a recording or to notify you that Mitrade acts as we have eliminated a market maker involved in both recording. 4.3. Recordings may be used to assess the dealing in performance of or to train our representatives, monitoring compliance with our respective regulatory and contractual obligations and resolving disputes. 4.4. You agree to examine the pricing terms of its own Financial Products, which may result in actual or potential conflicts of interest; (f) subject to applicable legal/regulatory requirements each Confirmation immediately upon receipt and the Staff Personal Trading Policy, you agree that the contents of a Confirmation, in the absence of Manifest Error, will be con- clusive evidence of the executed Transaction, unless within forty-eight (48) hours of issue of a written Confirmation you notify us of any disputed detail in the Confirmation received by you. 4.5. Complaints (which do not include disputed details) must be referred to us in accordance with our policies and acknowledge that procedures from time to time for dispute resolution. Unresolved complaints can be referred to the Financial Services Authority of Seychelles (FSA) at PO Box ▇▇▇, ▇▇▇▇ ▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇’s directors, employees ▇▇▇▇, ▇▇▇▇▇▇▇▇ of Seychelles. 4.6. All representations, warranties and associates may acknowledgments given by you under this Agreement are taken to have been made at the time you complete the Application Form and can deal on their own accountare taken to have been repeated by you: a) each time you place an Order with us; (gb) each time you have no rights, whether by way of subrogation or otherwise, against any agent, representative, partner, associate, officer, etc of Mitrade; (h) in the course of hedging against client transactions, any benefit or right obtained by Mitrade against its hedge counterparty is personal to Mitrade and such benefit or right shall not pass to you; (i) enter into a notice issued by an authorised officer or agent of Mitrade stating the amount of money due and payable by you shall be taken as final evidence thereof in the absence of manifest error; (j) all calculations made by Mitrade under this Client Agreement will be binding on you in the absence of manifest errorTransaction with us; and (kc) Mitrade may each time we do anything or refrain from doing something under this Agreement or as contemplated by this Agreement in its absolute discretion increase its Margin Requirements, re-price positions, alter its spreads, close any or all of connection with your open margin trades and/or suspend or modify the application of all Account or any of the terms, including but not limited to, altering the last time for trading a particular margin tradeTransaction.

Appears in 3 contracts

Sources: Client Agreement, Client Agreement, Client Agreement

CLIENT ACKNOWLEDGEMENTS. 11.1 You, the Client, acknowledge and confirm to Admiral for Admiral’s benefit in relying on the following: you (1or, if a corporate entity, the directors who apply to be bound by these Account Terms) You acknowledge have read and understood all documentation provided to Mitrade that: you by us including these Account Terms and any product disclosure statement (aPDS) Mitrade utilises the execution and settlement services of an appropriately licensed third party in order relation to hedge against its exposure any Admiral Products which you request Admiral to make available to you in relation to your positions; Account; you have received, read and understood the Account Terms; all dealings in Admiral Products and the performance by us of our obligations under these Account Terms are subject to Applicable Laws; at all times you will be able to make payments and fulfil all commitments on your part arising under these Account Terms and under the conditions applicable to dealings between you and Admiral; that trading in Transactions incurs a risk of loss as well as a potential for profit; we will not provide legal, tax, financial or accounting advice to you as part of the services that we provide to you in accordance with these Account Terms; by these Account Terms (bincluding any Transaction made under it) Open contracts shall remain open indefinitely until we do not act in a fiduciary capacity in relation to you and Admiral does not owe any fiduciary obligations to you in respect of its services provided to you in connection with these Account Terms; Admiral may transfer from your other Account(s) held with Admiral (if any), whether carried or managed by Admiral, such date funds as they are closed; may be required to meet obligations as a result of Transactions between the Client and Admiral or to satisfy any amount owing by the Client under these Account Terms or otherwise and Admiral would not enter into these Account Terms but for this acknowledgement (c) Mitrade shall be entitled to take any action it considers necessary in its absolute discretion to ensure compliance with the Operating Rules and all of the other applicable laws terms); Admiral will either deal by issuance of a contract or it will instruct third parties to deal on behalf of the Client, in the Admiral Products, as required by the Transaction; the Client will provide to Admiral on request such information regarding its financial and regulatory decisions; (d) ▇▇▇▇▇▇▇ business affairs and identity, as Admiral may reasonably require; in agreeing to these Account Terms, the Client appoints Admiral as its agent for the purpose of dealing in Admiral Products in accordance with these Account Terms when necessary to implement your Order; that all Orders to be placed and all trading to be conducted under these Account Terms must be lawful; in executing and complying with these Account Terms, the Client will not infringe any provisions of any other document or agreement to which the Client is a party; the Client will take all reasonable steps to obtain and communicate to Admiral all information, and will deliver or cause to be delivered to Admiral all documents with respect to dealings in the Admiral Products which are requested by any person having the right to request such documents and information and the Client authorises Admiral to pass on or deliver all such information and documents to any such person; the Client will indemnify and keep indemnified Admiral and each of its related bodies corporate and their respective directors, officers employees and agents from and against all sums of money, actions, proceedings, suits, Claims, complaints, demands, damages, costs, expenses and any other amounts whatever claimed against any of them; Admiral is not required to act in accordance with your instructions if in Admiral’s opinion to do so would or could constitute a breach by it or its agent or counterparty of the Corporations Act or any other Applicable Law; dealings in the Transactions will create an obligation to make a cash payment in accordance with these Account Terms; Admiral acts as principal in respect of the Financial Admiral Products traded issued by Mitrade Admiral regardless of whether Mitrade Admiral is acting on Client instructions or not; (e) you have been made specifically aware that Mitrade acts as a market maker involved in both the dealing in and the pricing of its own Financial Products, which may result in actual or potential conflicts of interest; (f) ; subject to applicable legal/legal or regulatory requirements and the Staff Personal Trading Policyrequirements, you agree consent to Admiral either knowingly or unknowingly taking the opposite side to the Client in relation to any of the Admiral Products, without notice to the Client; subject to applicable legal or regulatory requirements, the Client agrees and acknowledge acknowledges that ▇▇▇▇▇▇▇Admiral’s directors, employees and associates (and their directors, employees) may and can deal on their own account; account in Transactions which may be the same as or differ from your Transactions; Admiral may, in its sole discretion and without explanation, refuse to deal with or on behalf of the Client in relation to any Transaction (gincluding Closing Out existing open positions held in Admiral’s account on behalf of the Client) you or to limit the number of open positions of or held on behalf of the Client or both; if errors have no rights, whether by way of subrogation or otherwise, against any agent, representative, partner, associate, officer, etc of Mitrade; (h) occurred in the course pricing of hedging against client transactionsTransactions quoted by Admiral to the Client, any benefit Admiral may choose not to be bound by such Transactions (without further liability to the Client) if Admiral is able to substantiate to the Client that there was a material error at the time of the Transaction; there are risks associated with using an internet-based deal execution trading system which include, but are not limited to, the failure of hardware, software, and internet connection and since Admiral does not control data flows, internet or right obtained power connection, routing via internet, configuration of your equipment or reliability of its connection, Admiral will not be responsible for communication failures, distortions or delays when trading (including processing payments)) via the internet; reports to the Client on the execution of Confirmations by Mitrade against its hedge counterparty is personal Admiral, and the content of such Confirmations being statements, unless otherwise objected to Mitrade within 48 hours after communication to the Client, will be deemed to be conclusive proof of the accuracy of such contents and such benefit or right shall not pass to you; (i) their execution in accordance with these Account Terms except only in the case of manifest error; a notice issued by an authorised officer or agent of Mitrade Admiral stating the amount of money due and payable by you shall the Client will be taken as final conclusive evidence thereof of notice except only in the absence of manifest error; (j) all calculations made by Mitrade under this Client Agreement will be binding on you in the absence case of manifest error; andeach Admiral Product has a Leverage Rate which determines the minimum Margin cover which you must maintain for Transactions in that Admiral Product; each Admiral Product is tailored by Contract Size; Admiral Products traded on a Trading Platform will not be settled by the physical or deliverable settlement of the Underlying Reference Instrument on their Value Date. The Admiral Products are rolled or “swapped” indefinitely until you decide to Close Out the Transaction. All representations, warranties and acknowledgments given by you under this these Account Terms are taken to have been made at the time you complete the Application Form and are taken to have been repeated by you: 1. each time you place an Order with us; 2. each time you enter into a Transaction with us, or we enter into a Transaction on your behalf; and (kc) Mitrade may each time we do anything or refrain from doing something under these Account Terms or as contemplated by these Account Terms in its absolute discretion increase its Margin Requirements, re-price positions, alter its spreads, close any or all of connection with your open margin trades and/or suspend or modify the application of all Account or any of Transaction. You will be deemed a retail client by Admiral. However, we reserve the termsright to assess your wholesale client or retail client status from time to time. If you satisfy the criteria to be classified as a wholesale client, including we may classify you as such. We are under no obligation to inform you if we classify you as a wholesale client but not limited to, altering the last time for trading may notify you as a particular margin tradecourtesy.

Appears in 2 contracts

Sources: Account Terms, Account Terms

CLIENT ACKNOWLEDGEMENTS. (1) You acknowledge to Mitrade that: (a) Mitrade utilises the execution and settlement services of an appropriately licensed third party in order to hedge against its exposure to your positions; (b) Open contracts shall remain open indefinitely until such date as they are closed; (c) Mitrade shall be entitled to take any action it considers necessary in its absolute discretion to ensure compliance with the Operating Rules and all other applicable laws and regulatory decisions; (d) ▇▇▇▇▇▇▇ will act as principal in respect of the Financial Products traded by Mitrade regardless of whether Mitrade is acting on Client instructions or not; (e) you have been made specifically aware that Mitrade acts as a market maker involved in both the dealing in and the pricing of its own Financial Products, which may result in actual or potential conflicts of interest; (f) subject to applicable legal/regulatory requirements and the Staff Personal Trading Policy, you agree and acknowledge that ▇▇▇▇▇▇▇Mitrade’s directors, employees and associates may and can deal on their own account; (g) you have no rights, whether by way of subrogation or otherwise, against any agent, representative, partner, associate, officer, etc of Mitrade; (h) in the course of hedging against client transactions, any benefit or right obtained by Mitrade against its hedge counterparty is personal to Mitrade and such benefit or right shall not pass to you; (i) a notice issued by an authorised officer or agent of Mitrade stating the amount of money due and payable by you shall be taken as final evidence thereof in the absence of manifest error; (j) all calculations made by Mitrade under this Client Agreement will be binding on you in the absence of manifest error; and (k) Mitrade may in its absolute discretion increase its Margin Requirements, re-price re−price positions, alter its spreads, close any or all of your open margin trades and/or suspend or modify the application of all or any of the terms, including but not limited to, altering the last time for trading a particular margin trade.

Appears in 1 contract

Sources: Client Agreement

CLIENT ACKNOWLEDGEMENTS. (1) You acknowledge to Mitrade that: (a) Mitrade utilises the execution and settlement services of an appropriately licensed third party in order to hedge against its exposure to your positions; (b) Open contracts shall remain open indefinitely until such date as they are closed; (c) Mitrade shall be entitled to take any action it considers necessary in its absolute discretion to ensure compliance with the Operating Rules and all other applicable laws and regulatory decisions; (d) ▇▇▇▇▇▇▇ will act as principal in respect of the Financial Products traded by Mitrade regardless of whether Mitrade is acting on Client instructions or not; (e) you have been made specifically aware that Mitrade acts as a market maker involved in both the dealing in and the pricing of its own Financial Products, which may result in actual or potential conflicts of interest; (f) subject to applicable legal/regulatory requirements and the Staff Personal Trading Policy, you agree and acknowledge that ▇▇▇▇▇▇▇’s directors, employees and associates may and can deal on their own account; (g) you have no rights, whether by way of subrogation or otherwise, against any agent, representative, partner, associate, officer, etc of Mitrade; (h) in the course of hedging against client transactions, any benefit or right obtained by Mitrade against its hedge counterparty is personal to Mitrade and such benefit or right shall not pass to you; (i) a notice issued by an authorised officer or agent of Mitrade stating the amount of money due and payable by you shall be taken as final evidence thereof in the absence of manifest error; (j) all calculations made by Mitrade under this Client Agreement will be binding on you in the absence of manifest error; and (k) Mitrade may in its absolute discretion increase its Margin Requirements, re-price re−price positions, alter its spreads, close any or all of your open margin trades and/or suspend or modify the application of all or any of the terms, including but not limited to, altering the last time for trading a particular margin trade.

Appears in 1 contract

Sources: Client Agreement

CLIENT ACKNOWLEDGEMENTS. 4.1. You, the Client, acknowledge and con- firm to us for our benefit in relying on the following: a) you (1or, if a corporate entity, your directors) have read and under- stood all documentation pro- vided to you by us including this Agreement and any other dis- closure documents in relation to any Financial Products which you request FinPros to make availa- ble to you in relation to your Ac- count; b) you agree to be bound by this Agreement; c) all dealings in Financial Products and the performance by us of our obligations under this Agree- ment are subject to the Applica- ble Laws, Rules and/or Regula- tions; d) FinPros relies on your represen- tation that at all times you will be able to make payments and fulfil all commitments on your part arising under this Agreement and under the conditions appli- cable to dealings between you and FinPros; e) that trading in Transactions in- curs a risk of loss as well as a po- tential for profit; f) that dealing in the Contracts is highly speculative and you may lose more than your Initial Mar- gin, Variation Margin and other payments you make to us; g) it is your obligation to continu- ously monitor your Account and ensure that it constantly has suf- ficient Margin Cover; h) you will indemnify and keep in- demnified us and each of its re- lated bodies corporate and their respective directors, officers, employees and agents from and against all sums of money, ac- tions, proceedings, suits, Claims, complaints, Loss, demands, damages, costs, expenses and any other amounts whatever claimed against any of them; i) FinPros is not required to act in accordance with your instruc- tions if in our opinion to do so would or could constitute a breach by us or our agent or hedge counterparty or any other Applicable Laws, Rules and/or Regulations; j) if errors have occurred in the pricing of Transactions quoted by us to the Client, we may choose not to be bound by such Transactions (without further lia- bility to the Client) if we believe that there was a Manifest Error at the time of the Transaction; k) Financial Products traded on the Electronic Trading Service will not be settled by the physical or de- liverable settlement of the Un- derlying Instrument. Depending on the Financial Product, they are generally rolled or “swapped” in- definitely until Closed Out; - electronic trading service l) an Open Position must remain open for the minimum period of time as determined by us and cannot be Closed Out by you during this period; m) the English version of this Agree- ment prevails over any other translated version of this Agree- ment; and n) You agree with the deposit and withdrawal terms set out in our ‘Deposits and Withdrawals Pol- icy’. 4.2. You acknowledge and authorize us to Mitrade that:record any or all incoming and out- going phone calls with you without making a disclosure to you, every time you speak with a representative of FinPros. These calls may be recorded with or without an audible tone. You agree that we may use such recordings for the purposes of monitoring and training its staff, monitoring compli- ance with you and our respective regu- latory and contractual obligations and resolving disputes. If there is a dispute between you, and us you have the right to listen to any recording of those con- versations (if still available). Nothing in this Agreement obliges us to keep a re- cording or to notify you that we have eliminated a recording. (a) Mitrade utilises 4.3. Recordings may be used to assess the execution and settlement services performance of an appropriately licensed third party in order or to hedge against its exposure to your positions; (b) Open contracts shall remain open indefinitely until such date as they are closed; (c) Mitrade shall be entitled to take any action it considers necessary in its absolute discretion to ensure train our repre- sentatives, monitoring compliance with our respective regulatory and contrac- tual obligations and resolving disputes. 4.4. You agree to examine the Operating Rules terms of each Confirmation immediately upon receipt and all other applicable laws you agree that the contents of a Confirmation, in the absence of Mani- fest Error, will be conclusive evidence of the executed Transaction, unless within forty-eight (48) hours of issue of a writ- ten Confirmation you notify us of any disputed detail in the Confirmation re- ceived by you. 4.5. Complaints (which do not include dis- puted details) must be referred to us in accordance with our policies and regulatory decisions; pro- cedures from time to time for dispute resolution. Unresolved complaints can be referred to the Financial Services Au- thority of Seychelles (dFSA) at PO Box ▇▇▇, ▇▇▇▇ ▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇, ▇▇▇▇, ▇▇▇▇▇▇▇▇ will act as principal in respect of the Financial Products traded by Mitrade regardless of whether Mitrade is acting on Client instructions or not; (e) you have been made specifically aware that Mitrade acts as a market maker involved in both the dealing in and the pricing of its own Financial Products, which may result in actual or potential conflicts of interest; (f) subject to applicable legal/regulatory requirements and the Staff Personal Trading Policy, you agree and acknowledge that ▇▇ ▇▇▇▇▇▇▇’s directors▇▇▇. 4.6. All representations, employees warranties and associates may ac- knowledgments given by you under this Agreement are taken to have been made at the time you complete the Ap- plication Form and can deal on their own accountare taken to have been repeated by you: a) each time you place an Order with us; (gb) each time you have no rights, whether by way of subrogation or otherwise, against any agent, representative, partner, associate, officer, etc of Mitrade; (h) in the course of hedging against client transactions, any benefit or right obtained by Mitrade against its hedge counterparty is personal to Mitrade and such benefit or right shall not pass to you; (i) enter into a notice issued by an authorised officer or agent of Mitrade stating the amount of money due and payable by you shall be taken as final evidence thereof in the absence of manifest error; (j) all calculations made by Mitrade under this Client Agreement will be binding on you in the absence of manifest errorTrans- action with us; and (kc) Mitrade may each time we do anything or re- ▇▇▇▇▇ from doing something un- der this Agreement or as con- templated by this Agreement in its absolute discretion increase its Margin Requirements, re-price positions, alter its spreads, close any or all of connection with your open margin trades and/or suspend or modify the application of all Account or any of the terms, including but not limited to, altering the last time for trading a particular margin tradeTransaction.

Appears in 1 contract

Sources: Client Agreement

CLIENT ACKNOWLEDGEMENTS. (1) You acknowledge to Mitrade that: (a) Mitrade utilises the execution and settlement services of an appropriately licensed third party in order to hedge against its exposure to your positions; (b) Open contracts shall remain open indefinitely until such date as they are closed; (c) Mitrade shall be entitled to take any action it considers necessary in its absolute discretion to ensure compliance with the Operating Rules and all other applicable laws and regulatory decisions; (d) ▇▇▇▇▇▇▇ Mitrade will act as principal in respect of the Financial Products traded by Mitrade regardless of whether Mitrade is acting on Client instructions or not; (e) you have been made specifically aware that Mitrade acts as a market maker involved in both the dealing in and the pricing of its own Financial Products, which may result in actual or potential conflicts of interest; (f) subject to applicable legal/regulatory requirements and the Staff Personal Trading Policy, you agree and acknowledge that ▇▇▇▇▇▇▇Mitrade’s directors, employees and associates may and can deal on their own account; (g) you have no rights, whether by way of subrogation or otherwise, against any agent, representative, partner, associate, officer, etc of Mitrade; (h) in the course of hedging against client transactions, any benefit or right obtained by Mitrade against its hedge counterparty is personal to Mitrade and such benefit or right shall not pass to you; (i) a notice issued by an authorised officer or agent of Mitrade stating the amount of money due and payable by you shall be taken as final evidence thereof in the absence of manifest error; (j) all calculations made by Mitrade under this Client Agreement will be binding on you in the absence of manifest error; and (k) Mitrade may in its absolute discretion increase its Margin Requirements, re-price positions, alter its spreads, close any or all of your open margin trades and/or suspend or modify the application of all or any of the terms, including but not limited to, altering the last time for trading a particular margin trade.

Appears in 1 contract

Sources: Client Agreement

CLIENT ACKNOWLEDGEMENTS. (1) You acknowledge to Mitrade that: (a) Mitrade You are a wholesale client as defined under sections 761G and/or 761GA of the Corporations Act 2001 (Cth); (b) The information relied upon by ▇▇▇▇▇▇▇ in making the wholesale client assessment that you have provided is complete and accurate and will remain so for the duration of this Agreement; (c) You understand that you have an obligation to inform ▇▇▇▇▇▇▇ as soon as practicable if any of the information or factors relied upon by ▇▇▇▇▇▇▇ in making the wholesale client assessment changes; (d) ▇▇▇▇▇▇▇ utilises the execution and settlement services of an appropriately licensed third party in order to hedge against its exposure to your positions; (be) Open contracts shall remain open indefinitely until such date as they are closed; (cf) Mitrade shall be entitled to take any action it considers necessary in its absolute discretion to ensure compliance with the Operating Rules and all other applicable laws and regulatory decisions; (dg) ▇▇▇▇▇▇▇ Mitrade will act as principal in respect of the Financial Products traded by Mitrade regardless of whether Mitrade is acting on Client instructions or not; (eh) you have been made specifically aware that Mitrade acts as a market maker involved in both the dealing in and the pricing of its own Financial Products, which may result in actual or potential conflicts of interest; (fi) subject to applicable legal/regulatory requirements and the Staff Personal Trading Policy, you agree and acknowledge that ▇▇▇▇▇▇▇’s directors, employees and associates may and can deal on their own account; (gj) you have no rights, whether by way of subrogation or otherwise, against any agent, representative, partner, associate, officer, etc of Mitrade; (hk) in the course of hedging against client transactions, any benefit or right obtained by Mitrade against its hedge counterparty is personal to Mitrade and such benefit or right shall not pass to you; (il) a notice issued by an authorised officer or agent of Mitrade stating the amount of money due and payable by you shall be taken as final evidence thereof in the absence of manifest error; (jm) all calculations made by Mitrade under this Client Agreement will be binding on you in the absence of manifest error; and (kn) Mitrade may in its absolute discretion increase its Margin Requirements, re-price positions, alter its spreads, close any or all of your open margin trades and/or suspend or modify the application of all or any of the terms, including but not limited to, altering the last time for trading a particular margin trade.

Appears in 1 contract

Sources: Wholesale Client Agreement

CLIENT ACKNOWLEDGEMENTS. (1) You acknowledge to Mitrade that: (a) You are a wholesale client as defined under sections 761G and/or 761GA of the Corporations Act 2001 (Cth); (b) The information relied upon by Mitrade in making the wholesale client assessment that you have provided is complete and accurate and will remain so for the duration of this Agreement; (c) You understand that you have an obligation to inform Mitrade as soon as practicable if any of the information or factors relied upon by Mitrade in making the wholesale client assessment changes; (d) Mitrade utilises the execution and settlement services of an appropriately licensed third party in order to hedge against its exposure to your positions; (be) Open contracts shall remain open indefinitely until such date as they are closed; (cf) Mitrade shall be entitled to take any action it considers necessary in its absolute discretion to ensure compliance with the Operating Rules and all other applicable laws and regulatory decisions; (dg) ▇▇▇▇▇▇▇ Mitrade will act as principal in respect of the Financial Products traded by Mitrade regardless of whether Mitrade is acting on Client instructions or not; (eh) you have been made specifically aware that Mitrade acts as a market maker involved in both the dealing in and the pricing of its own Financial Products, which may result in actual or potential conflicts of interest; (fi) subject to applicable legal/regulatory requirements and the Staff Personal Trading Policy, you agree and acknowledge that ▇▇▇▇▇▇▇Mitrade’s directors, employees and associates may and can deal on their own account; (gj) you have no rights, whether by way of subrogation or otherwise, against any agent, representative, partner, associate, officer, etc of Mitrade; (hk) in the course of hedging against client transactions, any benefit or right obtained by Mitrade against its hedge counterparty is personal to Mitrade and such benefit or right shall not pass to you; (il) a notice issued by an authorised officer or agent of Mitrade stating the amount of money due and payable by you shall be taken as final evidence thereof in the absence of manifest error; (jm) all calculations made by Mitrade under this Client Agreement will be binding on you in the absence of manifest error; and (kn) Mitrade may in its absolute discretion increase its Margin Requirements, re-price positions, alter its spreads, close any or all of your open margin trades and/or suspend or modify the application of all or any of the terms, including but not limited to, altering the last time for trading a particular margin trade.

Appears in 1 contract

Sources: Wholesale Client Agreement

CLIENT ACKNOWLEDGEMENTS. (1) You 11.1 You, the Client, acknowledge and confirm to Mitrade thatAdmiral for Admiral’s benefit in relying on the following: (a) Mitrade utilises you (or, if a corporate entity, the execution directors who apply to be bound by these Account Terms) have read and settlement services of an appropriately licensed third party understood all documentation provided to you by us including these Account Terms and any product disclosure statement (PDS) in order relation to hedge against its exposure any Admiral Products which you request Admiral to make available to you in relation to your positionsAccount; (b) Open contracts shall remain open indefinitely until such date as they are closedyou have received, read and understood our Financial Services Guide (FSG); (c) Mitrade shall be entitled all dealings in Admiral Products and the performance by us of our obligations under these Account Terms are subject to take any action it considers necessary in its absolute discretion to ensure compliance with the Operating Rules and all other applicable laws and regulatory decisionsApplicable Laws; (d) ▇▇▇▇▇▇▇ at all times you will be able to make payments and fulfil all commitments on your part arising under these Account Terms and under the conditions applicable to dealings between you and Admiral; (e) that trading in Transactions incurs a risk of loss as well as a potential for profit; (f) we will not provide legal, tax, financial or accounting advice to you as part of the services that we provide to you in accordance with these Account Terms; (g) by these Account Terms (including any Transaction made under it) we do not act in a fiduciary capacity in relation to you and Admiral does not owe any fiduciary obligations to you in respect of its services provided to you in connection with these Account Terms; (h) Admiral may transfer from your other Account(s) held with Admiral (if any), whether carried or managed by Admiral, such funds as may be required to meet obligations as a result of Transactions between the Client and Admiral or to satisfy any amount owing by the Client under these Account Terms or otherwise and Admiral would not enter into these Account Terms but for this acknowledgement (and all of the other terms); (i) Admiral will either deal by issuance of a contract or it will instruct third parties to deal on behalf of the Client, in the Admiral Products, as required by the Transaction; (j) the Client will provide to Admiral on request such information regarding its financial and business affairs and identity, as Admiral may reasonably require; (k) in agreeing to these Account Terms, the Client appoints Admiral as its agent for the purpose of dealing in Admiral Products in accordance with these Account Terms when necessary to implement your Order; (l) that all Orders to be placed and all trading to be conducted under these Account Terms must be lawful; (m) in executing and complying with these Account Terms, the Client will not infringe any provisions of any other document or agreement to which the Client is a party; (n) the Client will take all reasonable steps to obtain and communicate to Admiral all information, and will deliver or cause to be delivered to Admiral all documents with respect to dealings in the Admiral Products which are requested by any person having the right to request such documents and information and the Client authorises Admiral to pass on or deliver all such information and documents to any such person; (o) the Client will indemnify and keep indemnified Admiral and each of its related bodies corporate and their respective directors, officers employees and agents from and against all sums of money, actions, proceedings, suits, Claims, complaints, demands, damages, costs, expenses and any other amounts whatever claimed against any of them; (p) Admiral is not required to act in accordance with your instructions if in Admiral’s opinion to do so would or could constitute a breach by it or its agent or counterparty of the Corporations Act or any other Applicable Law; (q) dealings in the Transactions will create an obligation to make a cash payment in accordance with these Account Terms; (r) Admiral acts as principal in respect of the Financial Admiral Products traded issued by Mitrade Admiral regardless of whether Mitrade Admiral is acting on Client instructions or not; (e) you have been made specifically aware that Mitrade acts as a market maker involved in both the dealing in and the pricing of its own Financial Products, which may result in actual or potential conflicts of interest; (fs) subject to applicable legal/legal or regulatory requirements and the Staff Personal Trading Policyrequirements, you agree consent to Admiral either knowingly or unknowingly taking the opposite side to the Client in relation to any of the Admiral Products, without notice to the Client; (t) subject to applicable legal or regulatory requirements, the Client agrees and acknowledge acknowledges that ▇▇▇▇▇▇▇Admiral’s directors, employees and associates (and their directors, employees) may and can deal on their own accountaccount in Transactions which may be the same as or differ from your Transactions; (gu) you have no rightsAdmiral ▇▇▇, whether by way in its sole discretion and without explanation, refuse to deal with or on behalf of subrogation the Client in relation to any Transaction (including Closing Out existing open positions held in Admiral’s account on behalf of the Client) or otherwise, against any agent, representative, partner, associate, officer, etc to limit the number of Mitradeopen positions of or held on behalf of the Client or both; (hv) if errors have occurred in the course pricing of hedging against client transactionsTransactions quoted by Admiral to the Client, any benefit or right obtained Admiral may choose not to be bound by Mitrade against its hedge counterparty such Transactions (without further liability to the Client) if Admiral is personal able to Mitrade and such benefit or right shall not pass substantiate to youthe Client that there was a material error at the time of the Transaction; (iw) there are risks associated with using an internet-based deal execution trading system which include, but are not limited to, the failure of hardware, software, and internet connection and since Admiral does not control data flows, internet or power connection, routing via internet, configuration of your equipment or reliability of its connection, Admiral will not be responsible for communication failures, distortions or delays when trading (including processing payments)) via the internet; (x) reports to the Client on the execution of Confirmations by Admiral, and the content of such Confirmations being statements, unless otherwise objected to within 48 hours after communication to the Client, will be deemed to be conclusive proof of the accuracy of such contents and their execution in accordance with these Account Terms except only in the case of manifest error; (y) a notice issued by an authorised officer or agent of Mitrade Admiral stating the amount of money due and payable by you shall the Client will be taken as final conclusive evidence thereof of notice except only in the absence case of manifest error; (jz) all calculations made each Admiral Product has a Leverage Rate which determines the minimum Margin cover which you must maintain for Transactions in that Admiral Product; (aa) (aa) each Admiral Product is tailored by Mitrade under this Client Agreement will be binding on you in the absence of manifest error; and (k) Mitrade may in its absolute discretion increase its Margin Requirements, re-price positions, alter its spreads, close any or all of your open margin trades and/or suspend or modify the application of all or any of the terms, including but not limited to, altering the last time for trading a particular margin trade.Contract Size;

Appears in 1 contract

Sources: Account Terms

CLIENT ACKNOWLEDGEMENTS. (1) You 4.1. You, the Client, acknowledge and confirm to Mitrade thatus for our benefit in relying on the following: (a) Mitrade utilises the execution you (or, if a corporate entity, your directors) have read and settlement services of an appropriately licensed third party understood all docu- mentation provided to you by us including this Agreement and any other disclosure documents in order relation to hedge against its exposure any Financial Products which you request FinPros to make available to you in relation to your positionsAccount; (b) Open contracts shall remain open indefinitely until such date as they are closedyou agree to be bound by this Agreement; (c) Mitrade shall be entitled all dealings in Financial Products and the performance by us of our obligations un- der this Agreement are subject to take any action it considers necessary in its absolute discretion to ensure compliance with the Operating Applicable Laws, Rules and all other applicable laws and regulatory decisionsand/or Regulations; (d) FinPros relies on your representation that at all times you will be able to make pay- ments and fulfil all commitments on your part arising under this Agreement and under the conditions applicable to dealings between you and FinPros; e) that trading in Transactions incurs a risk of loss as well as a potential for profit; f) that dealing in the Contracts is highly speculative and you may lose more than your Initial Margin, Variation Margin and other payments you make to us; g) it is your obligation to continuously monitor your Account and ensure that it con- ▇▇▇▇▇▇▇ has sufficient Margin Cover; h) you will indemnify and keep indemnified us and each of its related bodies corpo- rate and their respective directors, officers, employees and agents from and against all sums of money, actions, proceedings, suits, Claims, complaints, Loss, demands, damages, costs, expenses and any other amounts whatever claimed against any of them; i) FinPros is not required to act as principal in respect accordance with your instructions if in our opinion to do so would or could constitute a breach by us or our agent or hedge counter- party or any other Applicable Laws, Rules and/or Regulations; j) if errors have occurred in the pricing of Transactions quoted by us to the Client, we may choose not to be bound by such Transactions (without further liability to the Client) if we believe that there was a Manifest Error at the time of the Transaction; k) Financial Products traded on the Electronic Trading Service will not be settled by Mitrade regardless the physical or deliverable settlement of whether Mitrade is acting the Underlying Instrument. Depending on Client instructions the Financial Product, they are generally rolled or not“swapped” indefinitely until Closed Out; - electronic trading service l) an Open Position must remain open for the minimum period of time as determined by us and cannot be Closed Out by you during this period; (em) the English version of this Agreement prevails over any other translated version of this Agreement; and n) You agree with the deposit and withdrawal terms set out in our ‘Deposits and With- drawals Policy’. 4.2. You acknowledge and authorize us to record any or all incoming and outgoing phone calls with you without making a disclosure to you, every time you speak with a representa- tive of FinPros. These calls may be recorded with or without an audible tone. You agree that we may use such recordings for the purposes of monitoring and training its staff, monitoring compliance with you and our respective regulatory and contractual obliga- tions and resolving disputes. If there is a dispute between you, and us you have been made specifically aware the right to listen to any recording of those conversations (if still available). Nothing in this Agree- ment obliges us to keep a recording or to notify you that Mitrade acts as we have eliminated a market maker involved in both recording. 4.3. Recordings may be used to assess the dealing in performance of or to train our representatives, monitoring compliance with our respective regulatory and contractual obligations and resolving disputes. 4.4. You agree to examine the pricing terms of its own Financial Products, which may result in actual or potential conflicts of interest; (f) subject to applicable legal/regulatory requirements each Confirmation immediately upon receipt and the Staff Personal Trading Policy, you agree that the contents of a Confirmation, in the absence of Manifest Error, will be con- clusive evidence of the executed Transaction, unless within forty-eight (48) hours of issue of a written Confirmation you notify us of any disputed detail in the Confirmation received by you. 4.5. Complaints (which do not include disputed details) must be referred to us in accordance with our policies and acknowledge that procedures from time to time for dispute resolution. Unresolved complaints can be referred to the Financial Services Authority of Seychelles (FSA) at ▇▇ ▇▇▇ ▇▇▇, ▇▇▇▇ ▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇’s directors, employees ▇▇▇▇, ▇▇▇▇▇▇▇▇ of Seychelles. 4.6. All representations, warranties and associates may acknowledgments given by you under this Agreement are taken to have been made at the time you complete the Application Form and can deal on their own accountare taken to have been repeated by you: a) each time you place an Order with us; (gb) each time you have no rights, whether by way of subrogation or otherwise, against any agent, representative, partner, associate, officer, etc of Mitrade; (h) in the course of hedging against client transactions, any benefit or right obtained by Mitrade against its hedge counterparty is personal to Mitrade and such benefit or right shall not pass to you; (i) enter into a notice issued by an authorised officer or agent of Mitrade stating the amount of money due and payable by you shall be taken as final evidence thereof in the absence of manifest error; (j) all calculations made by Mitrade under this Client Agreement will be binding on you in the absence of manifest errorTransaction with us; and (kc) Mitrade may each time we do anything or refrain from doing something under this Agreement or as contemplated by this Agreement in its absolute discretion increase its Margin Requirements, re-price positions, alter its spreads, close any or all of connection with your open margin trades and/or suspend or modify the application of all Account or any of the terms, including but not limited to, altering the last time for trading a particular margin tradeTransaction.

Appears in 1 contract

Sources: Client Agreement