Risk acknowledgement and disclosure
1. Risk Warning
Trading tokens involves the following risks:
● Any currency, virtual or real, is subject to significant fluctuations in value, and can also be completely devalued. Such fluctuations can increase or decrease the value of the client's assets at any time. In this regard, there is a risk of losses for the client caused by the volatility of the asset value.
● Transactions with digital signs (tokens) involve special risks that are not usually inherent in fiat money and/or goods, and/or commodity assets. Tokens are not a means of payment, are not provided by the state, and the purchase of tokens may lead to a complete loss of funds and other objects of civil rights (investments) transferred in exchange for tokens (including as a result of the volatility of the value of tokens; technical failures (errors); committing illegal actions, including theft). Unlike most fiat money, tokens and cryptocurrencies in particular are unique types of currencies supported by technology and trust. The cryptocurrency market is unstable, which can lead to unforeseen risks.
● Token trading is subject to spikes or loss of confidence, which can lead to fluctuations in supply and demand in the market. The Сlient, at his own risk, carries out transactions, and is solely responsible for his actions, including in the event of losses.
● The legal regulation of cryptocurrencies has little practice, is in the process of formation and may be accompanied by significant changes, which may also have an impact on the cryptocurrency market. The Client is solely responsible for knowing and understanding how digital tokens will be treated, regulated and taxed in accordance with applicable law. Trade Premier Ltd is not responsible for the application of certain legal provisions when clients perform operations on the crypto platform.
● Transactions (operations) with tokens are irreversible. The lack of sufficient knowledge to carry out transactions (operations) with tokens may have adverse consequences for the person making such transactions (operations).
Unless a client knows and fully understands the risks involved in each Financial Instrument, they should not engage in any trading activity. You should not risk more than you are prepared to lose. Trade Premier Ltd will not provide clients with any investment advice in relation to investments, possible transactions in investments, or Financial Instruments, neither will we make any investment recommendations. Clients should consider which Financial Instrument is suitable for them according to their financial status and goals before opening an account with Trade Premier Ltd. If a client is unclear about the risks involved in trading in Financial Instruments, then they should consult an independent financial advisor. If the client still doesn't understand these risks after consulting an independent financial advisor, then they should refrain from trading at all. Purchasing and selling Financial Instruments comes with a significant risk of losses and damages and each client must understand that the investment value can both increase and decrease, clients they are liable for all these losses and damages, which could result in more than the initial invested capital once they make the decision has been made to trade.
2. Acknowledgement
Technical Risk
The Client shall be responsible for the risks of financial losses caused by the failure of information, communication, electronic and other systems. The result of any system failure may be that his order is either not executed according to his instructions or it is not executed at all. The Company does not accept any liability in the case of such a failure.
• While trading through the Platform the Client shall be responsible for the risks of financial losses caused by:
• Client's or Company's hardware or software failure, malfunction or misuse;
• poor Internet connection either on the side of the Client or the Company or both, or interruptions or transmission blackouts or public electricity network failures or hacker attacks, overload of connection;
• the wrong settings in the Platform;
• delayed Platform updates;
• the Client disregarding the applicable rules described in the Platform user guide and in the Company's Website.
Abnormal Market Conditions
The Client acknowledges that under Abnormal Market Conditions the period during which the Instructions and Requests are executed may be extended.
Platform (Trading Platform)
• The Client acknowledges that only one Request or Instruction is allowed to be in the queue at one time. Once the Client has sent a Request or an Instruction, any further Requests or Instructions sent by the Client are ignored and the "Order is locked" message appears until the first Request or Instruction is executed.
• The Client acknowledges that the only reliable source of Quotes Flow information is that of the real/live Server's Quotes Base. Quotes Base in the Platform is not a reliable source of Quotes Flow information because the connection between the Platform and the Server may be disrupted at some point and some of the Quotes simply may not reach the Platform.
• The Client acknowledges that when the Client closes the order placing/modifying/deleting window or the position opening/closing window, the Instruction or Request, which has been sent to the Server, shall not be cancelled.
• In case the Client has not received the result of the execution of the previously sent Instruction but decides to repeat the Instruction, the Client shall accept the risk of making two Transactions instead of one, however the Client may receive an "Order is locked" message as described in point 2.5 above.
• The Client acknowledges that if the Pending Order has already been executed but the Client sends the Instruction to modify its level and the levels of If-Done Orders at the same time, the only Instruction, which will be executed, is the Instruction to modify Stop Loss and/or Take Profit levels on the position opened when the Pending Order triggered.
Communication
• The Client shall accept the risk of any financial losses caused by the fact that the Client has received with delay or has not received at all any notice from the Company.
• The Client acknowledges that the unencrypted information transmitted by email is not protected from any unauthorised access.
• The Client is fully responsible for the risks in respect of undelivered trading platform internal mail messages sent to the Client by the Company as they are automatically deleted within 3 (three) calendar days.
• The Client is wholly responsible for the privacy of the information received from the Company and accepts the risk of any financial losses caused by the unauthorised access of a third party to the Client's Trading Account.
• The Company has no responsibility if authorized/unauthorised third persons have access to information, including electronic addresses, electronic communication and personal data, access data when the above are transmitted between the Company or any other party, using the internet or other network communication facilities, telephone, or any other electronic means.
Force Majeure Event
In case of a Force Majeure Event the Client shall accept the risk of financial losses.
3. Risk Warning Notice for Virtual Assets
his notice cannot disclose all the risks and other significant aspects of Virtual Assets. You should not deal in these products unless you understand their nature and the extent of your exposure to risk. You should also be satisfied that the product is suitable for you in light of your circumstances and financial position. Certain strategies, such as a "spread" position or a "straddle", may be as risky as a simple Long or Short position. Although Virtual Assets can be used for the management of investment risk, some of these products are unsuitable for many investors. You should not engage in any dealings directly or indirectly in derivative products unless you know and understand the risks involved in them and that you may lose entirely all of your money. Different instruments involve different levels of exposure to risk and in deciding whether to trade in such instruments you should be aware of the following points:
Effect of Leverage
Under Margin Trading conditions even small market movements may have a great impact on the Client's Trading Account. It is important to note that all accounts trade under the effect of Leverage. The Client must consider that if the market moves against the Client, the Client may sustain a total loss greater than the funds deposited. The Client is responsible for all the risks, financial resources the Client uses and for the chosen trading strategy.
It is highly recommended that the Client maintains a Margin Level (percentage Equity to Necessary Margin ratio which is calculated as Equity / Necessary Margin * 100%) of not lower than 1,000%. It is also recommended to place Stop Loss to limit potential losses, and Take Profit to collect profits, when it is not possible for the Client to manage the Client's Open Positions.
The Client shall be responsible for all financial losses caused by the opening of the position using temporary excess Free Margin on the Trading Account gained as a result of a profitable position (cancelled by the Company afterwards) opened at an Error Quote (Spike) or at a Quote received as a result of a Manifest Error.
High Volatile Instruments
Some Instruments trade within wide intraday ranges with volatile price movements. Therefore, the Client must carefully consider that there is a high risk of losses as well as profits. The prices of instruments may fluctuate rapidly and over wide ranges and may reflect unforeseeable events or changes in conditions, none of which can be controlled by the Client or the Company. Under certain market conditions it may be impossible for a Client's order to be executed at declared price leading to losses. The prices of instruments will be influenced by, amongst other things, changing supply and demand relationships, governmental, agricultural, commercial and trade programs and policies, national and international political and economic events and the prevailing psychological characteristics of the relevant market place. Therefore, a Stop Loss order cannot guarantee the limit of loss.
The Client acknowledges and accepts that, regardless of any information which may be offered by the Company, the value of Instruments may fluctuate downwards or upwards and it is even probable that the investment may become of no value. This is owed to the margin system applicable to such trades, which generally involves a comparatively modest deposit or margin in terms of the overall contract value, so that a relatively small movement in the underlying market can have a disproportionately dramatic effect on the Client's trade. If the underlying market movement is in the Client's favour, the Client may achieve a good profit, but an equally small adverse market movement can not only quickly result in the loss of the Client’s entire deposit, but may also expose the Client to a large additional loss.
Absence of Quote; Liquidity Risk
Liquidity is the amount that can be traded at a specific price and time. Liquidity varies depending on the traded instrument and market conditions, the tradable amount at any given market rate may vary strongly (higher or lower). No guarantee about liquidity can be made at any time, Trade Premier Ltd cannot be held liable for the absence of liquidity at any time. The prices quoted on the platform and displayed on the chart do not necessarily mean that they are executable prices.
The execution of any order placed is subject to the availability of tradable prices. Absence of a suitable price or total absence of any tradable price may make it impossible for the trader's order or request to be processed and/or executed. Traders must be aware that the liquidity risk increases at certain times such as: market closures, weekends, local holidays, off-market hours and during news releases. Trade Premier Ltd cannot be held liable for the unavailability of any tradable price at any time.
Liquidity also has incidence on the ability of clients to close positions at the desired price and to protect their funds against further losses through the Stop-Loss functionality. In case of reduced liquidity, clients may not be able to close positions or may be forced to accept a significantly different price (higher or lower) than the desired price to execute certain trades and then may incur losses in excess of their risk tolerance; the StopLoss functionality does not prevent losses from exceeding the level preset by clients.
Contingent Liability Investment Transactions
Contingent liability investment transactions, which are margin, require you to make a series of payments against the purchase price, instead of paying the whole purchase price immediately. The Margin requirement will depend on the underlying asset of the instrument. Margin requirements can be fixed or calculated from the current price of the underlying instrument, it can be found on the website of the Company.
If you trade Virtual Assets, you may sustain a total loss of the funds you have deposited to open and maintain a position. If the market moves against you, you may be called upon to pay substantial additional funds at short notice to maintain the position. If you fail to do so within the time required, your position may be liquidated at a loss and you will be responsible for the resulting deficit. It is noted that the Company will not have a duty to notify the Client for any Margin Call to sustain a loss-making position.
Even if a transaction is not margined, it may still carry an obligation to make further payments in certain circumstances over and above any amount paid when you entered the contract.
Contingent liability investment transactions which are not traded on or under the rules of a recognised or designated investment exchange may expose you to substantially greater risks.
Collateral
If you deposit collateral as security with the Company, the way in which it will be treated will vary according to the type of transaction and where it is traded. There could be
significant differences in the treatment of your collateral depending on whether you are trading on a recognised or designated investment exchange, with the rules of that exchange (and the associated clearing house) applying, or trading off-exchange.
Deposited collateral may lose its identity as your property once dealings on your behalf are undertaken. Even if your dealings should ultimately prove profitable, you may not get back the same assets which you deposited, and may have to accept payment in cash. You should ascertain from your firm how your collateral will be dealt with.
Commissions and Taxes
• Before you begin to trade, you should make yourself aware of all table-accordion commissions and other charges for which you will be liable. If any charges are not expressed in monetary terms (but, for example, as a percentage of contract value), you should ensure that you understand the true monetary value of the charges.
• There is a risk that the Client's trades in any Financial Instruments including derivative instruments may be or become subject to tax and/or any other duty for example because of changes in legislation or his personal circumstances. The Company does not warrant that no tax and/or any other stamp duty will be payable. The Client is responsible for any taxes and/or any other duty which may accrue in respect of his trades.
• The Clients are responsible for managing their tax and legal affairs including making any regulatory filings and payments and complying with applicable laws and regulations. The Company does not provide any regulatory, tax or legal advice. If the Clients are in any doubt as to the tax treatment or liabilities of investment products available through the Company, they should seek independent advice.
Suspensions of Trading
Under certain trading conditions it may be difficult or impossible to liquidate a position. This may occur, for example, at times of rapid price movement if the price rises or falls in one trading session to such an extent that under the rules of the relevant exchange trading is suspended or restricted. Placing a Stop Loss will not necessarily limit your losses to the intended amounts, because market conditions may make it impossible to
execute such an Order at the stipulated price. In addition, under certain market conditions the execution of a Stop Loss Order may be worse than its stipulated price and the realized losses can be larger than expected.
Clearing House Protections
On many exchanges, the performance of a transaction by your firm (or third party with whom it is dealing on your behalf) is guaranteed by the exchange or clearing house. However, this guarantee is unlikely in most circumstances to cover you, the Client, and may not protect you if your firm or another party defaults on its obligations to you. On request, the Company must explain any protection provided to you under the clearing guarantee applicable to any on-exchange derivatives in which you are dealing. There is no clearing house for traditional options, nor normally for off-exchange instruments which are not traded under the rules of a recognised or designated investment exchange.
Insolvency
• The Company's insolvency or default, may lead to positions being liquidated or closed out without your consent. In certain circumstances, you may not get back the actual assets which you lodged as collateral and you may have to accept any available payments in cash or by any other method deemed to be appropriate.
• Segregated Funds will be subject to the protections conferred by Applicable Regulations.
• Non-segregated Funds will not be subject to the protections conferred by Applicable Regulations. Non-segregated Funds will not be segregated from the Company's money and will be used in the course of the Company's business, and in the event of the Company's insolvency you will rank as a general creditor.
4. Third Party Risk
This notice is provided to you in accordance with applicable legislation.
• The Company may pass money received from the Client to a third party (e.g. a bank, a market, intermediate broker, OTC counterparty or clearing house) to hold or control in order to effect a Transaction through or with that person or to satisfy the Client 's obligation to provide collateral (e.g. initial margin requirement) in respect of a Transaction. The Company has no responsibility for any acts or omissions of any third party to whom it will pass money received from the Client.
• The third party to whom the Company will pass money may hold it in an omnibus account and it may not be possible to separate it from the Client’s money, or the third party's money. In the event of the insolvency or any other analogous proceedings in relation to that third party, the Company may only have an unsecured claim against the third party on behalf of the Client, and the Client will be exposed to the risk that the money received by the Company from the third party is insufficient to satisfy the claims of the Client with claims in respect of the relevant account. The Company does not accept any liability or responsibility for any resulting losses.
• The Company may deposit Client money with a depository who may have a security interest, lien or right of set-off in relation to that money.
• A Bank or Broker through whom the Company deals with could have interests contrary to the Client's interests.
Trading tokens involves the following risks:
● Any currency, virtual or real, is subject to significant fluctuations in value, and can also be completely devalued. Such fluctuations can increase or decrease the value of the client's assets at any time. In this regard, there is a risk of losses for the client caused by the volatility of the asset value.
● Transactions with digital signs (tokens) involve special risks that are not usually inherent in fiat money and/or goods, and/or commodity assets. Tokens are not a means of payment, are not provided by the state, and the purchase of tokens may lead to a complete loss of funds and other objects of civil rights (investments) transferred in exchange for tokens (including as a result of the volatility of the value of tokens; technical failures (errors); committing illegal actions, including theft). Unlike most fiat money, tokens and cryptocurrencies in particular are unique types of currencies supported by technology and trust. The cryptocurrency market is unstable, which can lead to unforeseen risks.
● Token trading is subject to spikes or loss of confidence, which can lead to fluctuations in supply and demand in the market. The Сlient, at his own risk, carries out transactions, and is solely responsible for his actions, including in the event of losses.
● The legal regulation of cryptocurrencies has little practice, is in the process of formation and may be accompanied by significant changes, which may also have an impact on the cryptocurrency market. The Client is solely responsible for knowing and understanding how digital tokens will be treated, regulated and taxed in accordance with applicable law. Trade Premier Ltd is not responsible for the application of certain legal provisions when clients perform operations on the crypto platform.
● Transactions (operations) with tokens are irreversible. The lack of sufficient knowledge to carry out transactions (operations) with tokens may have adverse consequences for the person making such transactions (operations).
Unless a client knows and fully understands the risks involved in each Financial Instrument, they should not engage in any trading activity. You should not risk more than you are prepared to lose. Trade Premier Ltd will not provide clients with any investment advice in relation to investments, possible transactions in investments, or Financial Instruments, neither will we make any investment recommendations. Clients should consider which Financial Instrument is suitable for them according to their financial status and goals before opening an account with Trade Premier Ltd. If a client is unclear about the risks involved in trading in Financial Instruments, then they should consult an independent financial advisor. If the client still doesn't understand these risks after consulting an independent financial advisor, then they should refrain from trading at all. Purchasing and selling Financial Instruments comes with a significant risk of losses and damages and each client must understand that the investment value can both increase and decrease, clients they are liable for all these losses and damages, which could result in more than the initial invested capital once they make the decision has been made to trade.
2. Acknowledgement
Technical Risk
The Client shall be responsible for the risks of financial losses caused by the failure of information, communication, electronic and other systems. The result of any system failure may be that his order is either not executed according to his instructions or it is not executed at all. The Company does not accept any liability in the case of such a failure.
• While trading through the Platform the Client shall be responsible for the risks of financial losses caused by:
• Client's or Company's hardware or software failure, malfunction or misuse;
• poor Internet connection either on the side of the Client or the Company or both, or interruptions or transmission blackouts or public electricity network failures or hacker attacks, overload of connection;
• the wrong settings in the Platform;
• delayed Platform updates;
• the Client disregarding the applicable rules described in the Platform user guide and in the Company's Website.
Abnormal Market Conditions
The Client acknowledges that under Abnormal Market Conditions the period during which the Instructions and Requests are executed may be extended.
Platform (Trading Platform)
• The Client acknowledges that only one Request or Instruction is allowed to be in the queue at one time. Once the Client has sent a Request or an Instruction, any further Requests or Instructions sent by the Client are ignored and the "Order is locked" message appears until the first Request or Instruction is executed.
• The Client acknowledges that the only reliable source of Quotes Flow information is that of the real/live Server's Quotes Base. Quotes Base in the Platform is not a reliable source of Quotes Flow information because the connection between the Platform and the Server may be disrupted at some point and some of the Quotes simply may not reach the Platform.
• The Client acknowledges that when the Client closes the order placing/modifying/deleting window or the position opening/closing window, the Instruction or Request, which has been sent to the Server, shall not be cancelled.
• In case the Client has not received the result of the execution of the previously sent Instruction but decides to repeat the Instruction, the Client shall accept the risk of making two Transactions instead of one, however the Client may receive an "Order is locked" message as described in point 2.5 above.
• The Client acknowledges that if the Pending Order has already been executed but the Client sends the Instruction to modify its level and the levels of If-Done Orders at the same time, the only Instruction, which will be executed, is the Instruction to modify Stop Loss and/or Take Profit levels on the position opened when the Pending Order triggered.
Communication
• The Client shall accept the risk of any financial losses caused by the fact that the Client has received with delay or has not received at all any notice from the Company.
• The Client acknowledges that the unencrypted information transmitted by email is not protected from any unauthorised access.
• The Client is fully responsible for the risks in respect of undelivered trading platform internal mail messages sent to the Client by the Company as they are automatically deleted within 3 (three) calendar days.
• The Client is wholly responsible for the privacy of the information received from the Company and accepts the risk of any financial losses caused by the unauthorised access of a third party to the Client's Trading Account.
• The Company has no responsibility if authorized/unauthorised third persons have access to information, including electronic addresses, electronic communication and personal data, access data when the above are transmitted between the Company or any other party, using the internet or other network communication facilities, telephone, or any other electronic means.
Force Majeure Event
In case of a Force Majeure Event the Client shall accept the risk of financial losses.
3. Risk Warning Notice for Virtual Assets
his notice cannot disclose all the risks and other significant aspects of Virtual Assets. You should not deal in these products unless you understand their nature and the extent of your exposure to risk. You should also be satisfied that the product is suitable for you in light of your circumstances and financial position. Certain strategies, such as a "spread" position or a "straddle", may be as risky as a simple Long or Short position. Although Virtual Assets can be used for the management of investment risk, some of these products are unsuitable for many investors. You should not engage in any dealings directly or indirectly in derivative products unless you know and understand the risks involved in them and that you may lose entirely all of your money. Different instruments involve different levels of exposure to risk and in deciding whether to trade in such instruments you should be aware of the following points:
Effect of Leverage
Under Margin Trading conditions even small market movements may have a great impact on the Client's Trading Account. It is important to note that all accounts trade under the effect of Leverage. The Client must consider that if the market moves against the Client, the Client may sustain a total loss greater than the funds deposited. The Client is responsible for all the risks, financial resources the Client uses and for the chosen trading strategy.
It is highly recommended that the Client maintains a Margin Level (percentage Equity to Necessary Margin ratio which is calculated as Equity / Necessary Margin * 100%) of not lower than 1,000%. It is also recommended to place Stop Loss to limit potential losses, and Take Profit to collect profits, when it is not possible for the Client to manage the Client's Open Positions.
The Client shall be responsible for all financial losses caused by the opening of the position using temporary excess Free Margin on the Trading Account gained as a result of a profitable position (cancelled by the Company afterwards) opened at an Error Quote (Spike) or at a Quote received as a result of a Manifest Error.
High Volatile Instruments
Some Instruments trade within wide intraday ranges with volatile price movements. Therefore, the Client must carefully consider that there is a high risk of losses as well as profits. The prices of instruments may fluctuate rapidly and over wide ranges and may reflect unforeseeable events or changes in conditions, none of which can be controlled by the Client or the Company. Under certain market conditions it may be impossible for a Client's order to be executed at declared price leading to losses. The prices of instruments will be influenced by, amongst other things, changing supply and demand relationships, governmental, agricultural, commercial and trade programs and policies, national and international political and economic events and the prevailing psychological characteristics of the relevant market place. Therefore, a Stop Loss order cannot guarantee the limit of loss.
The Client acknowledges and accepts that, regardless of any information which may be offered by the Company, the value of Instruments may fluctuate downwards or upwards and it is even probable that the investment may become of no value. This is owed to the margin system applicable to such trades, which generally involves a comparatively modest deposit or margin in terms of the overall contract value, so that a relatively small movement in the underlying market can have a disproportionately dramatic effect on the Client's trade. If the underlying market movement is in the Client's favour, the Client may achieve a good profit, but an equally small adverse market movement can not only quickly result in the loss of the Client’s entire deposit, but may also expose the Client to a large additional loss.
Absence of Quote; Liquidity Risk
Liquidity is the amount that can be traded at a specific price and time. Liquidity varies depending on the traded instrument and market conditions, the tradable amount at any given market rate may vary strongly (higher or lower). No guarantee about liquidity can be made at any time, Trade Premier Ltd cannot be held liable for the absence of liquidity at any time. The prices quoted on the platform and displayed on the chart do not necessarily mean that they are executable prices.
The execution of any order placed is subject to the availability of tradable prices. Absence of a suitable price or total absence of any tradable price may make it impossible for the trader's order or request to be processed and/or executed. Traders must be aware that the liquidity risk increases at certain times such as: market closures, weekends, local holidays, off-market hours and during news releases. Trade Premier Ltd cannot be held liable for the unavailability of any tradable price at any time.
Liquidity also has incidence on the ability of clients to close positions at the desired price and to protect their funds against further losses through the Stop-Loss functionality. In case of reduced liquidity, clients may not be able to close positions or may be forced to accept a significantly different price (higher or lower) than the desired price to execute certain trades and then may incur losses in excess of their risk tolerance; the StopLoss functionality does not prevent losses from exceeding the level preset by clients.
Contingent Liability Investment Transactions
Contingent liability investment transactions, which are margin, require you to make a series of payments against the purchase price, instead of paying the whole purchase price immediately. The Margin requirement will depend on the underlying asset of the instrument. Margin requirements can be fixed or calculated from the current price of the underlying instrument, it can be found on the website of the Company.
If you trade Virtual Assets, you may sustain a total loss of the funds you have deposited to open and maintain a position. If the market moves against you, you may be called upon to pay substantial additional funds at short notice to maintain the position. If you fail to do so within the time required, your position may be liquidated at a loss and you will be responsible for the resulting deficit. It is noted that the Company will not have a duty to notify the Client for any Margin Call to sustain a loss-making position.
Even if a transaction is not margined, it may still carry an obligation to make further payments in certain circumstances over and above any amount paid when you entered the contract.
Contingent liability investment transactions which are not traded on or under the rules of a recognised or designated investment exchange may expose you to substantially greater risks.
Collateral
If you deposit collateral as security with the Company, the way in which it will be treated will vary according to the type of transaction and where it is traded. There could be
significant differences in the treatment of your collateral depending on whether you are trading on a recognised or designated investment exchange, with the rules of that exchange (and the associated clearing house) applying, or trading off-exchange.
Deposited collateral may lose its identity as your property once dealings on your behalf are undertaken. Even if your dealings should ultimately prove profitable, you may not get back the same assets which you deposited, and may have to accept payment in cash. You should ascertain from your firm how your collateral will be dealt with.
Commissions and Taxes
• Before you begin to trade, you should make yourself aware of all table-accordion commissions and other charges for which you will be liable. If any charges are not expressed in monetary terms (but, for example, as a percentage of contract value), you should ensure that you understand the true monetary value of the charges.
• There is a risk that the Client's trades in any Financial Instruments including derivative instruments may be or become subject to tax and/or any other duty for example because of changes in legislation or his personal circumstances. The Company does not warrant that no tax and/or any other stamp duty will be payable. The Client is responsible for any taxes and/or any other duty which may accrue in respect of his trades.
• The Clients are responsible for managing their tax and legal affairs including making any regulatory filings and payments and complying with applicable laws and regulations. The Company does not provide any regulatory, tax or legal advice. If the Clients are in any doubt as to the tax treatment or liabilities of investment products available through the Company, they should seek independent advice.
Suspensions of Trading
Under certain trading conditions it may be difficult or impossible to liquidate a position. This may occur, for example, at times of rapid price movement if the price rises or falls in one trading session to such an extent that under the rules of the relevant exchange trading is suspended or restricted. Placing a Stop Loss will not necessarily limit your losses to the intended amounts, because market conditions may make it impossible to
execute such an Order at the stipulated price. In addition, under certain market conditions the execution of a Stop Loss Order may be worse than its stipulated price and the realized losses can be larger than expected.
Clearing House Protections
On many exchanges, the performance of a transaction by your firm (or third party with whom it is dealing on your behalf) is guaranteed by the exchange or clearing house. However, this guarantee is unlikely in most circumstances to cover you, the Client, and may not protect you if your firm or another party defaults on its obligations to you. On request, the Company must explain any protection provided to you under the clearing guarantee applicable to any on-exchange derivatives in which you are dealing. There is no clearing house for traditional options, nor normally for off-exchange instruments which are not traded under the rules of a recognised or designated investment exchange.
Insolvency
• The Company's insolvency or default, may lead to positions being liquidated or closed out without your consent. In certain circumstances, you may not get back the actual assets which you lodged as collateral and you may have to accept any available payments in cash or by any other method deemed to be appropriate.
• Segregated Funds will be subject to the protections conferred by Applicable Regulations.
• Non-segregated Funds will not be subject to the protections conferred by Applicable Regulations. Non-segregated Funds will not be segregated from the Company's money and will be used in the course of the Company's business, and in the event of the Company's insolvency you will rank as a general creditor.
4. Third Party Risk
This notice is provided to you in accordance with applicable legislation.
• The Company may pass money received from the Client to a third party (e.g. a bank, a market, intermediate broker, OTC counterparty or clearing house) to hold or control in order to effect a Transaction through or with that person or to satisfy the Client 's obligation to provide collateral (e.g. initial margin requirement) in respect of a Transaction. The Company has no responsibility for any acts or omissions of any third party to whom it will pass money received from the Client.
• The third party to whom the Company will pass money may hold it in an omnibus account and it may not be possible to separate it from the Client’s money, or the third party's money. In the event of the insolvency or any other analogous proceedings in relation to that third party, the Company may only have an unsecured claim against the third party on behalf of the Client, and the Client will be exposed to the risk that the money received by the Company from the third party is insufficient to satisfy the claims of the Client with claims in respect of the relevant account. The Company does not accept any liability or responsibility for any resulting losses.
• The Company may deposit Client money with a depository who may have a security interest, lien or right of set-off in relation to that money.
• A Bank or Broker through whom the Company deals with could have interests contrary to the Client's interests.