Sgx Reit User Agreement
General Provisions
This user agreement (hereinafter, the
"agreement"), including the terms of the provision of trading
services, has been prepared by Sgx Reit. The main activity of Sgx Reit is to provide access to an
online trading platform (hereinafter referred to as the trading platform) for
carrying out trading activities with contracts for difference.
The use of the pronouns You and Yours in the text
of these conditions means a registered user of the trading platform or website
visitor sgxreit.com. If you decide to download a demo version of our
software, the terms of this user agreement apply to you in so far as it
applies. By downloading the software, you hereby agree to the terms of this
user agreement and undertake to comply with them.
This user agreement, together with the terms of the
disclosed risk notification, anti-money laundering policy and privacy policy
(collectively referred to as the client agreement) is a legal document
establishing the contractual relationship between the parties. By registering
as a user of the trading platform, you thereby accept the terms of the client
agreement.
In accordance with the client agreement, the new user,
by default, is assigned the category "private client". If necessary,
you can send us a request to change the default category. Until you receive
confirmation of a category change, your category remains a private customer.
Please note that in some cases a category change is not possible.
Subject to the fulfillment of the obligations of the
client agreement by you, you can participate in trading activities by
concluding transactions with CFDs with single securities, baskets of
securities, indices, currencies, goods, base and precious metals. By concluding
transactions in accordance with a client agreement, our company acts as a
principal, not an agent. As our client, you will also participate in
transactions as a principal (not an agent) in relation to any other person.
You should carefully read all documents of the client
agreement and other materials received by you. This user agreement is standard
and governs the relationship between our company and you. For your own good and
protection, please read all conditions carefully before confirming your
agreement with them. If you have any questions regarding any part of any of the
documents of the client agreement, you can apply for additional information by
e-mail:[email protected].
We reserve the right to amend the client agreement if
necessary. As a rule, this can be caused by changes in legislation or
regulations (for example, a ban on opening certain short positions or new
disclosure requirements). Any changes apply to all open positions and to
outstanding orders from the moment the changes take effect. After reviewing the
changes, you can terminate the client agreement unilaterally by sending us a
written notice in accordance with section 23 of this user agreement.
Definitions
Account Registration Data - a unique username and
password for working with the trading platform.
Act - the law On financial markets and services.
Warning messages - all messages generated by the
system and sent to the user by e-mail, SMS or in any other way, including
warnings about exceeding the established margin parameters, the established
maximum price of the instrument or other notifications.
Authorized Person - any official, partner, leader or
employee of an organization who is endowed with the relevant rights.
Purchase is a transaction containing an offer to buy
a certain number of units of a certain instrument, also referred to as long
sale or long position.
CFD (eng. Contract for
Differences) is a contract concluded between a client and a company to receive
the difference between the value of the instrument determined by the trading
platform at the time the transaction is opened and when it is closed.
Closing at a loss or Stop-loss - an application
for closing a transaction at a predetermined price, which in the case of a
purchase is lower than the transaction opening price, and in the case of a
sale, it is higher than the transaction opening price.
Closing with profit or Take-profit - an
application for closing a transaction at a predetermined price, which in the
case of a purchase is higher than the transaction opening price, and in the
case of a sale, it is lower than the transaction opening price.
Company - Sgx Reit.
Difference - the difference between the transaction
opening price and the transaction closing price, taking into account premiums,
swaps, commissions, if applicable.
Validity Start Date - the date from which the
trading platform is available for login, download or other means.
Failure to fulfill obligations - any of the events
described in section 22.6.
Exchange (s) - securities exchanges or futures
exchanges, clearing houses, self-regulatory organizations, multilateral trading
systems or alternative systems for trading financial instruments.
Expiration date - the date and time set by the
company for individual instruments in the trading platform, upon the occurrence
of which any open transactions with such instruments are automatically closed.
Financial data - any financial and market data,
price quotes, news, analytical reviews, research results, charts or any other
data and information available through the trading platform.
Financial Institutions - global banks, financial
institutions, brokers or other trading organizations.
Force Majeure - an emergency or an exceptional state
of the market, including without limitation the circumstances specified in
section 16.1.
Position transfer fee or Swap is the premium
amount, defined as a fixed percentage of the position value and depending on a
large number of factors, including but not limited to: type of transaction (for
purchase or sale), interest rates, distinguishing features of the instrument,
price fluctuations during the day and other economic and market factors.
Initial margin - the minimum amount of money on the
trading account necessary to open a transaction and set in the trading platform
for each individual instrument.
Instrument - any securities, stocks, goods, bonds,
precious metals, stock exchange rates, indices or other financial instruments
that may be subject to CFD and are available on the trading platform.
Intellectual Property Rights - patents, trademarks,
service marks, logos, formats, trade names, Internet domain names, design rights,
copyright (including software rights), database rights, semiconductor
topography rights , business models, rights to new technologies and other
intellectual property rights, registered or unregistered, including
registration applications, and any other equivalent, similar rights or forms of
protection applied by e whatsoever.
Limit application - the definition is given in
section 10.5.
Minimum margin level - the minimum amount of money
on the trading account necessary to maintain the transaction in an open state,
set in the trading platform.
Obvious error - any sufficiently obvious and / or
obvious error, including without limitation orders to execute transactions with
overestimated amounts, or obviously incorrect market quotes, or prices with a clear
loss.
Margin is a combination of the initial margin and
the minimum margin level.
Requirement for making additional funds - a
companys requirement for a client to increase the amount of funds in a trading
account in order to bring the account in line with margin requirements,
including without limitation the requirement specified in section 14.2.
Market order - the definition is given in section
10.5.
Normal market size - the maximum number of
instrument units processed under normal conditions during exchange trading,
taking into account, if necessary, the normal market size established by the
exchange, or any other equivalent, similar level established by the exchange at
which the instrument is traded .
Application - an application for closing with a loss
or closing with a profit.
Pip is one hundredth of a percentage point.
Position - the current position on the trading
account in relation to any CDF.
Premium or Profit / Loss - the amount credited or
debited from the trading account, respectively, calculated in accordance with
the rate on the trading platform for any transaction open at the end of the
international trading day (in the generally accepted meaning of this term) or
during the weekend while exchanges are closed.
"Privacy Policy" - a privacy policy
published on the website of our company.
Registration data - personal and financial
information that you must provide for downloading and working with the trading
platform, including registration data for your account. Such information may
include a copy of your passport, drivers license and / or photo identification
card.
Sale - a transaction containing an offer to sell a
certain number of units of a certain instrument, also referred to as short
sale or short position.
Software (Software) or Trading platform software
- software provided by our company to customers for download and necessary for
working with a trading platform.
Third-party software - software provided by third
parties and built into the trading platform or used in the process of its
operation.
Trading Account - an electronic account for
performing trading operations in the trading platform.
Trading hours - a time period for conducting
tenders, established in the trading platform for individual instruments.
Trading Platform - Sgx Reits electronic
trading platform (including any other programs, tools, services and updates).
Tracking stop - an application for fixing the loss
placed as a percentage below the market price for a long position or above the
market price for a short position. The application for fixing the loss will be
executed as soon as the market price in relation to the price of the
application changes by the specified percentage.
Transaction - opening or closing an application on
behalf of a client or company for the purchase or sale of CFDs on any
instrument in the trading platform, in accordance with the terms of the client
agreement.
"OSK" is a common cryptocurrency reserve system.
Site - the global site sgxreit.com or its
local version.
1. LIMITATIONS OF
USE [a]
1.1. The trading platform is not intended for
distribution or use by anyone:
1.1.1. under the age of 18 years, recognized legally
incompetent, as well as having mental illness;
1.1.2. living in a country where the distribution or
use of this software is contrary to local law. Also, the trading platform and
any other services provided by us are not provided to persons residing in
countries in which the implementation of trading activities with CFDs or other
similar activities is contrary to local law. Clarification of the possibility
of using the trading platform and its compliance with the requirements of the
local laws of which you are the subject is your responsibility;
1.1.3. US residents. Using the trading
platform is prohibited everywhere in the United States;
1.1.4. who are employees, directors, partners, agents,
persons affiliated with the company, their relatives or persons otherwise
related to the company.
1.2. Taking into account all of the above, we reserve
the right, on reasonable grounds, to suspend and / or refuse access to or use
of the trading platform to any person.
2. GETTING ACCESS
AND USE OF A TRADING PLATFORM
2.1. You must immediately inform us of any incidents
or potential violations of the customer agreement.
2.2. In accordance with the terms of this user
agreement, we grant you a license to install and use the trading platform
software exclusively for your personal use and benefit in accordance with the
terms of the client agreement. In the event of termination of the client
agreement for any reason, the license is canceled, and after that the trading
platform software should not be used.
2.3. If any third-party software is part of the
trading platform, then this software is also subject to the terms of this user
agreement. You must fully comply with the terms of the license for third-party
software that is provided along with the trading platform. Please note that we
do not provide technical or informational support regarding the supplied
third-party software.
2.4. We reserve all rights to the trading platform if
the specified rights were not transferred to you explicitly in accordance with
the terms of this user agreement. All rights to the trading platform are
granted to you under a license and are not transferred to ownership. All rights
to the trading platform software remain the property of the company. With the
exception of the license granted to you explicitly in accordance with this
section, no other intellectual property rights of the trading platform or any
part thereof may be transferred or granted.
2.5. Ensuring the availability and proper operation of
the appropriate computer equipment, system software, backup tools, anti-virus
protection / security tools and any other software to prevent harm and / or
unauthorized access to the trading platform is your responsibility.
2.6. If you encounter any problems related to the
operation of the trading platform, as well as any suggestions for making
improvements, changes and improvements to the trading platform, please let us
know in writing in accordance with section 23. We reserve the right, but no
obligation to make changes to the trading platform based on the offers you
make. Any improvements, changes and improvements made to the trading platform
based on your offers are the undisputed property of the company.
2.7. We do our best to ensure that our trading
platform properly meets the requirements of functionality and security.
2.8. We reserve the right, but not the obligation, on
the basis of reasonable grounds, to supplement, modify or remove the
functionality of the trading platform in accordance with this user agreement.
In the event of such a case, we will make all reasonable efforts, if necessary,
to replace the affected functionality of the trading platform using its other
capabilities. You agree to accept such improvements as part of this user
agreement.
2.9. We do not provide any express or implied
warranties with respect to:
2.9.1. providing continuous access to the trading
platform at any time during the entire period of its use (access to the trading
platform may be limited, for example, during regular maintenance procedures,
restoration work, configuration or installation of updates);
2.9.2. work, quality and functionality of the trading
platform;
2.9.3. lack of software errors or shortcomings in the
trading platform;
2.10. You are solely responsible for:
2.10.2. use of the trading platform only for the
period specified in the license conditions in accordance with section 2.2;
2.10.2. use of the trading platform only for the
purposes for which it was provided to you in accordance with this client
agreement;
2.10.3. all transactions made in the trading platform
from your account and for using the trading platform (including the use of
registration data of your account);
2.10.4. blocking access to the trading platform if
your access terminal is unattended to prevent unauthorized access to your
trading account.
2.11. You undertake not to intentionally, through
negligence, negligence or for other reasons:
2.11.1. use the trading platform for illegal purposes;
2.11.2. interfere with or disrupt the normal operation
of the trading platform software, its equipment, systems or network, including
(but not limited to) transferring files that intentionally or inadvertently
contain malicious content and that can affect the trading platform in any way;
2.11.3. get unauthorized access to the trading
platform, computer (s) system of any other user, or to any part of the trading
platform for which you do not have access rights;
2.11.4. take any actions that will lead or may lead to
a halt or deterioration of the trading platform in terms of services provided
to other users;
2.11.5. transmit any false, illegal, threatening,
libelous, dangerous, malicious, rude, obscene, provoking cruelty, hatred,
racism, aggression or other offensive material of any kind or nature;
2.11.6. conduct any commercial activity in the trading
platform;
2.11.7. download or download files containing software
or other intellectual property, unless you own the rights to them or have received
all necessary permissions;
2.11.8. distort the origin or source of any content or
other materials.
3. ACCOUNT
REGISTRATION DATA
3.1. When you try to access the trading platform for
the first time, you will be asked to enter the registration information for
your account. Registration data is confidential and should be used exclusively
by you.
3.2. You:
3.2.1. You are responsible for ensuring the
confidentiality of your registration data and preventing the possibility of
their use by any other person;
3.2.2. You must immediately notify us if you become
aware that the confidentiality of your registration data was in any way
violated, or that any third party could gain access to the trading platform.
3.3. The company undertakes to protect the client from
losses in case the trading platform was attacked by hackers, or unauthorized
use of registration data of the user account was detected (if there is an
insurance policy). In the same way, the client is obligated to protect the
company from losses in the event that its account was hacked or unauthorized
use of the registration data of the account was revealed due to negligence of
the user.
3.4. If, in our opinion, there is a high probability
of a threat to the security of using the trading platform, we may ask you to
change your registration data or suspend your access to the trading platform.
We reserve the right to change or recreate the registration data of your
account or ask you to change them yourself by sending a notification.
3.5. Ensuring control of access to account
registration data, preventing the possibility of gaining access to the trading
platform by a person under the age of 18 years or another person by using the
registration data of your account due to your negligence or for any other reason
is your responsibility. You agree to immediately notify us in writing in
accordance with Section 23 if you become aware of any case of loss, theft or
use of the registration data of your account by any other person or
organization.
4. INTELLECTUAL
PROPERTY RIGHTS
4.1. You acknowledge that all intellectual property
rights of the trading platform belong to us or licensees.
4.2. You agree to:
4.2.1. do not copy, record, translate or modify the
trading platform or any part thereof;
4.2.2. Do not decompile, disassemble or otherwise
attempt to obtain the source code of the trading platform, in whole or in part,
except as expressly permitted by law;
4.2.3. Do not damage the company in any way or violate
any of our intellectual property rights. You agree to make every effort to
protect our intellectual property from third parties.
4.3. The trading platform, all its copies, as well as
any derivatives thereof (whoever they were created), related intangible assets
and any intellectual property rights of the trading platform are and remain
solely our property or the property of the licensees. With the exception of the
license granted in accordance with Section 2.2, no other licenses, rights or
interests in respect of intangible assets or intellectual property rights to
the trading platform, any part or its derivatives can be transferred or
granted.
4.4. Unless otherwise expressly permitted by this user
agreement, you must not:
4.4.1. transfer, distribute, or jointly with someone
use the trading platform or any rights to it in accordance with this client
agreement;
4.4.2. isolate or use any part of the trading platform
on any hardware and software;
4.4.3. copy (with the exception of one copy for backup
purposes) the trading platform or any parts thereof;
4.4.4. copy, delete or destroy any banners, logos or
signs contained in the trading platform;
4.4.5. allow the use of the trading platform by
unauthorized persons;
4.4.6. try by any means to restore or detect the
program code, algorithms underlying the trading platform, or computer programs
of the trading platform;
4.4.7. allow the use of a trading platform in order to
benefit in favor of third parties;
4.4.8. apply workarounds for any technical limitations of the trading platform
or use any tools to gain access to the blocked features and functionality of
the trading platform;
4.4.9. use similar processes and functions to create
competing capabilities or functionality of the trading platform;
4.4.10. use the trading platform or any financial data
to conduct any fraudulent or illegal activity, including, without limitation,
impersonating another person for the purpose of fraud.
5. REGISTRATION
DATA
5.1. To start using the trading platform, you need to
register by providing us with registration data.
5.2. You confirm your agreement and undertake:
5.2.1. inform us of any changes in your personal and
financial information and / or your financial conditions by e-mail: [email protected]
;
5.2.2. provide reliable, accurate, current, complete
registration data necessary for the registration process;
5.2.3. timely update registration data, maintain their
relevance and completeness by sending notifications of any changes by e-mail:
[email protected] ;
5.2.4. We can carry out credit and other checks
(including, but not limited to, identity verification, fraud prevention,
verification of your current and past investment activities), if we deem it
necessary. Your registration data and other information can be used in the
process of combating money laundering, as well as to manage your account. You
agree to our use of your registration data and other information to conduct the
above checks in the processing of your application. Our company or our agents
acting on our behalf can transfer your registration data to a higher group of companies,
financial and other organizations (including law enforcement agencies). We are
committed to using your data in accordance with our privacy policy,
For more information, please refer to the anti-money
laundering policy posted on our website.
5.2.5. In the event that we become aware of any
illegal activities carried out by you, or of the inaccuracy of your
registration data, we may suspend your account. With the occurrence of such an
event with a high degree of probability, we will not be able to follow your
further instructions and withdraw funds from your account legally. We reserve
the right to cancel your transactions if you violate the rules for combating
money laundering.
5.3. Each time you conclude a deal with the company,
you confirm your agreement with the following provisions:
5.3.1. all the information you provide (registration
data and other information) is reliable and accurate in all material aspects;
5.3.2. You agree to the customer agreement;
5.3.3. the client agreement is completely
understandable to you, including the user agreement, notification of disclosed
risks, the policy on the execution of applications, the anti-money laundering
policy, the privacy policy and the conflict of interest policy;
5.3.4. You have reached the age of 18 years or older;
5.3.5. You or your authorized representative make all
transactions on your behalf, acting in transactions as a principal;
5.3.6. You are duly authorized to enter into
transactions.
5.4. The basis of our cooperation with you at any time
is the provision by us of services exclusively for the execution of
applications. Please note that we do not provide any advice regarding your
acceptance of the terms of this customer agreement. We also do not provide tax
advice. If you are not sure of your compliance with the conditions and
requirements of this customer agreement, the final decision in such cases is
your responsibility.
6. ASSESSMENT OF
CONFORMITY
6.1. The registration data provided by you partially
allows us to evaluate how the trading platform is suitable for you.
6.2. We rely on the information you provide if we do
not become aware that this information is clearly outdated, inaccurate or
incomplete. We are not responsible for the information you provide and we can
evaluate your knowledge, experience and their compliance with the requirements
of the trading platform based on the data that you provided to us.
6.3. If we conclude that the trading platform does not
match your experience and / or knowledge of CFDs, you will be notified about
this and opening a trading account will be impossible.
6.4. If you decide not to provide the information we
need to assess whether your knowledge and experience meets the requirements of
the trading platform, or if the information you provide is insufficient, we may
not be able to determine whether the trading platform matches your experience
and / or knowledge of CFD and therefore, your application for opening a trading
account may be rejected.
7. PRIVACY
In accordance with Section 8 and the confidentiality
policy, the company's obligations regarding the confidentiality of client data
do not apply to information whose disclosure requirements are determined by law
or by a court of the relevant jurisdiction, as well as information that is
legally requested by any state or regulatory body (in part, not prohibited by
law, court order, government or regulatory authority) provided that you
promptly and in advance notify ie we have about the
disclosed information and contact us for advice regarding the timing and content
of disclosures.
8. PRIVACY POLICY
The personal data we receive will be used in
accordance with the privacy policy, which is part of the client agreement and
available on our website. By concluding this client agreement, you provide us
with personal data in terms of the 1998 Law on Data Protection and the 2011
Regulation on the Protection of Personal Data and Electronic Communications (EC
Directive) (as amended), which amended the Regulation on Protection personal
data and electronic communications "2003. You agree to the processing of
personal data in order to fulfill our obligations under this client agreement
and to regulate our relationships. You also confirm your consent to the
transfer of your personal data to third parties for the above purposes.
9. CONSENT TO
ELECTRONIC TRANSFER OF CONFIRMATION AND ACCOUNT STATEMENTS
You confirm your consent to receive information about
your trading account and transaction confirmations via the Internet, instead of
receiving the specified information by regular or e-mail. Account status
information is available to your account on the trading platform. All
operations performed by you through a trading account are displayed on the
trading platform. You can also create daily, monthly and annual reports on
account transactions, as well as reports on each completed transaction.
Transactions performed on the account are displayed on the trading platform in
the account information no later than 24 hours from the date of their
execution. The reflection of transactions in the trading platform in the
information on the account is a confirmation of their completion and statement
of account. At any time, account information includes, but is not limited to,
confirmation of transactions with ticket numbers, buying and selling rates,
margin, amount of cash available for trading, profit and loss statements, as
well as current open positions and pending applications for opening a position.
You can withdraw your consent to the terms of this section at any time by
closing your trading account in accordance with this user agreement.
10. OPENING AND
COMPLETION OF TRANSACTION
10.1. In accordance with section 18, you should be
able to complete a transaction in the trading platform for the selected
instruments in various world markets. You acknowledge and agree that we, at our
sole discretion, may add, remove or suspend the possibility of working in a
trading platform with any instrument in any market in the event of a
significant event with securities (for example, as a result of acquisitions,
consolidation / split of shares , mergers, divisions, MBOs (Eng. Management
Buy-Out); nationalization, de-listing, etc.), or in the absence of open client
positions for the affected instruments at a given time.
10.2. You agree that we can hedge any transactions
with third parties or compensate them in another way in order to cover our
obligations or risks associated with your transactions.
10.3. To open a transaction in a trading platform, you
need to open a purchase or sale at a price valid in the trading platform at the
time of the transaction. To close a transaction, you must make an offer to sell
(in the case of a purchase transaction) or buy (in the case of a sale
transaction) the instrument indicated at the opening of this transaction at the
price valid in the trading platform at the time of closing the transaction.
Transactions or open positions cannot be transferred to other CFD providers or
other trading platforms. The full text of the application execution policy,
which is part of the client agreement, is available on our website.
10.4. The trading platform provides buy and sell
quotes for each instrument traded. Transactions can only be completed during
the trading hours set for each instrument. You confirm your agreement that when
you open a purchase or close a sale, you can perform these operations only at
the price set by the trading platform for purchasing this instrument. You also
agree that when you open a sale or close a purchase, you can perform these
operations only at the price set by the trading platform for the sale of this
instrument.
10.5. You can make an offer to open a transaction in
the trading platform at the best possible price at the moment (market order),
if you do not specify any price of the offer to open (limit order). For a
market order, the price at which the transaction was completed may not always
be accurate at the time of filing. You agree that your offer to open a market
order may be accepted at a lower or higher price, unlike the price indicated by
you in the market order, within a certain range set in the trading platform.
When you open a market application, your offer will be accepted at the best
possible price in accordance with our application execution policy.
10.6. For a limit order, the transaction closing price
may not always be exactly indicated at the time of filing the order. You agree
that your offer to open a limit order can be accepted at a lower price in case
of purchase or at a higher price in case of sale, unlike the price indicated by
you in the limit order in the trading platform. An offer to open a limit order
can also be accepted at the price indicated in your offer. Prior to accepting a
limit order, you can cancel this order at any time without any further
obligations. When opening a limit order, your offer will be accepted at the
best possible price in accordance with our application execution policy.
10.7. You agree that your offer to open a transaction,
being accepted by us outside of the trading hours, may not be executed if a
different market price is set at the time of the opening of trading.
11. LIMITATIONS
AND LIMITS
11.1. We can provide you with the opportunity to
indicate the closing price of the transaction through applications for closing
at a loss and closing at a profit, taking into account the terms of the client
agreement and any other established restrictions.
11.2. Based on your offer and the accepted
application, you give us the right to close the transaction at the closing
price with a loss or at the closing price with a profit in accordance with the
application, without any additional instructions or notifications. We can close
the transaction if the price set in the trading platform is equal to or higher
than the price accepted by us for this application. You confirm your agreement
that we are not obligated to close any transaction if you do not comply with
the provisions of section 15.13.
11.3. We can provide you with the opportunity to send
a request to open or close a transaction, including applications for closing
with a loss and closing with a profit, within a specified period of time. If we
accept such a request, we can, guided by reasonable grounds, close the
transaction within the specified period of time. You confirm your agreement
that we do not undertake to close such a transaction outside the specified time
period or if this transaction does not meet other requirements established in
relation to it.
11.4. We can accept the offer to establish a tracking
stop on the closing order at a loss. You agree that the initial price level
indicated in the order for closing at a loss can be changed if the market moves
in the trading platform in the direction you expect. You also agree that in the
process of tracking your closing order at a loss, each market change by at
least one hundredth of a percentage point (the so-called pips) in the
direction you are expecting will form a new offer to increase the price of the
closing order from loss of one hundredth of a percentage point. Changes of one
hundredth of a percentage point are rounded to the nearest absolute value in
the base currency of your country of origin, as indicated on the trading
platform.
11.5. You acknowledge and agree that due to market
volatility and other factors outside our control, we cannot guarantee that the
application will be executed at the price you specify. The application may be
closed at a worse price (next best price) than the price you originally
indicated in the application. For an order for closing with a loss in case of
closing a purchase, the price of an instrument in such an order may rise above
the closing price with a loss by jumping it. In the case of closing the sale,
the price of an instrument in such an order may suddenly fall below the closing
price at a loss, jumping over it.
11.6. For a closing order with a profit, if the price
of the instrument changes in the direction you expect (for example, the price
goes down if you buy, or the price goes up if you sell), you confirm that we
can skip this price improvement to your advantage.
12. POSITION
TRANSFER PAYMENT
12.1. Any open transaction made by you at the end of
the trading day of the exchange on which the instrument is traded, or completed
on the weekend when the exchange is closed, is automatically transferred to the
next business day in order to avoid automatic closing and settlement of the
transaction. You confirm that when transferring such transactions to the next
business day, the fee for transferring the position (premium or swap) will be
credited to or debited from your trading account as a result of such a
transaction (transfer or rollover or swap). Information about the premium for
each instrument is displayed on the link additional information for each
instrument in the trading platform. When making decisions on opening a
transaction with a particular instrument, you confirm your agreement with the
swap mechanism.
12.2. You consent to the crediting or debiting of
swaps from your trading account for any open transactions for which during the
daily data processing in the trading platform at a corresponding rate a swap
was calculated for each individual instrument (if applicable).
13. END OF
TRANSACTION
13.1. For each individual instrument, an expiration
date and time can be set.
13.2. If you specify an expiration date for any
instrument, the specified date will be displayed in the trading platform for
this instrument using the "additional information" link. You confirm
your agreement that it is your responsibility to familiarize yourself with the
date and time the instrument expires.
13.3. If an open transaction on an instrument for
which an expiration date is set is not closed before the specified date is
reached, such a transaction will be automatically closed by the expiration date
of the instrument. This transaction will be closed at the price of the last
quote established in the trading platform immediately before the expiration
date and time.
13.4. You acknowledge that trading with some
instruments in the trading platform may become volatile or illiquid without
prior notice. In such circumstances, the execution of applications may become
impossible, including a short period of time before the expiration date.
14. RIGHT TO CLOSE
POSITIONS
14.1. If the price quotes on the trading platform
change in such a way that the total difference payable on all transactions you
open is equal to or exceeds the total minimum margin level for all such
transactions, or the balance on your trading account is equal to or less than
the total minimum margin level for all open transactions Your transaction, or
you received a refund from the issuer of your card or in relation to any other
payment method for any reason, you agree that we have the right, on the basis
of reasonable grounds Immediately close any or all open your transaction, a
loss or a profit and close your trading account in accordance with section
19.3, without any warning.
14.2. Notwithstanding the foregoing, if the price
quotes on the trading platform change in the direction opposite to the price of
your transaction, we can, without any obligation, send you a request to
increase the balance on your trading account within a short period of time to
cover the difference and / or ensure compliance with minimum margin
requirements to keep the transaction open. If you have not fulfilled the
request for depositing additional funds within the indicated time limits, we
may, on reasonable grounds, close any or all of the transactions you have
opened, at a loss or profit, and close your trading account with the payment of
the difference.
14.3. In accordance with section 13, expiration dates
can be configured in the trading platform for various instruments. If the
trading platform has an expiration date for any instrument, you agree to close
any open transactions with this instrument at the price set in the trading platform
at the time of closing.
14.4. You acknowledge that trading with some
instruments in the trading platform can quickly become volatile without prior
notice. Due to the high degree of risk associated with trading volatile
instruments, you confirm that we reserve the right to close without prior
notice all or any open transaction with volatile instruments, in our opinion,
based on reasonable grounds, at a price established in the trading platform at
the time of closing.
15. BASIC RULES OF
TRADE
15.1. The User acknowledges that each Transaction made
on the basis of the Trading Platform, including the placement of the Order,
represents, first of all, the offer to complete the Transaction made by the
user of the Company (both about opening a new Transaction and closing an
existing Transaction) at a certain price indicated on the Trading Platform and
the subsequent acceptance by the Company of such an offer. A transaction is
considered complete only after the offer has been received and accepted by the
Company. The acceptance of the user's offer by the Company is confirmed by
notification of the terms of the offer and its completion.
15.2. The Company is not obliged to provide quotes for
a Transaction regarding which the user has sent a request through the Trading Platform,
to accept, execute or cancel such a Transaction in whole or any part of it, and
is also not obliged to explain the reasons for the refusal. The User may
request to cancel or amend the conditions of the Transaction at any time before
the Company completes the Transaction. The company is entitled (but not
required) to accept such a requirement.
15.3. Any Financial data, prices and other information
available to users on the Site or on the Trading Platform or provided by the
Company in any other form or by other means (Content) are provided as a
general comment on the market situation, made in good faith by the Company, and
not are recommendations for investing. Further, changes to such Content may be
made at any time without notice. Although the Company takes reasonable measures
to ensure the accuracy of such information, the Company is not liable for loss
or damage, including lost profits, which directly or indirectly may arise from
the use or use of such information.
15.4. The User acknowledges that all prices indicated
on the Trading Platform reflect the actual prices of
transactions of the Normal Market Size and are constantly changing (depending
on the liquidity provider).
15.5. The User agrees to comply with restrictions on operations
on the Trading Platform, about which the Company periodically notifies the
user, including restrictions on the size of Transactions, and other conditions
that the Company can apply regarding its quotes.
15.6. The User acknowledges that the Trading Platform does not depend on any
Exchange; The Company is not required to indicate a certain price in accordance
with the trading rules adopted on a particular Exchange. The User also
acknowledges that the User Transactions begin to be executed at the prices
indicated on the Trading Platform during the Trading hours, and not at the
prices indicated by any relevant Exchange.
15.7. The User acknowledges that each Transaction is
executed for a certain number of units, which are the basic tool. The User can
make Transactions on the Trading Platform only with the minimum number of units
that corresponds to the "Number of Units" installed on the Trading
Platform, and with quantities that are multiples of that Number of units, but
no more than the maximum amount with which it is allowed to make Transactions
on the Trading Platform . The User acknowledges that the Company may set a
Number of Units for each Instrument.
15.9. Each Transaction opened by the user, as well as
any completed Transaction, is mandatory for the user, despite the fact that,
opening the Transaction, the user may exceed the credit or other limit
applicable to the user when making transactions with the Company.
15.10 According to Section 15.12, the user may
request a quote for opening or closing a Transaction with a specific Instrument
at any time during the Trading hours during which trading with such Instrument
is conducted. The Company is not obliged, but may provide a quote, accept the
user's offer and act in accordance with the user's offer to open or close the
Transaction with the Instrument outside of the Trading Hours during which
trading with such Instrument is conducted. Transactions can be made only during
the working hours of the Exchange, which trades in the Instrument. Trading hours
are displayed on the Trading Platform under a link with detailed information
for each Instrument. The user is obliged to independently monitor what Tool his
actions are associated with.
15.11. Without limiting the validity of the provisions
of Section 10.4, if, prior to accepting a users offer to open or close a
Transaction, the Company becomes aware of non-compliance with any of the
factors set out in Section 15.12. below, the Company reserves the right to
immediately reject the user's offer. If, however, the Company has already
opened or closed the Transaction before it becomes aware of the discrepancy to
any of the factors set forth in Section 15.12, the Company may, acting in
accordance with the principle of reasonableness, either consider such a transaction
to be initially invalid or close it at the current price . However, the Company
may allow the user to open or close the Transaction, in which case the opening
or closing of such a Transaction will be mandatory for the user, despite the
discrepancy to the factors set forth in Section 15.12.
15.12. The factors referenced in Section 15.10 include
the following:
15.12.1. quotation must be obtained through the
Trading Platform or in any other way, which the Company periodically notifies
the user;
15.12.2. the user's offer to open or close the
Transaction should be sent while the quote is still valid;
15.12.3. the quote should not contain an obvious
error;
15.12.4. if the user submits a proposal to open a
Transaction, the number of units with which the Transaction is opened must be
no less than the minimum number of units periodically indicated for the
Instrument on the Trading Platform, and no more than the number allowed in
accordance with the terms of this User Agreement;
15.12.5. if the user submits an offer to close part of
the open Transaction, the part of the Transaction that must be closed, and the
part of the Transaction that remains open if the Company accepts the user's
offer, should not be less than the minimum number of units indicated on the
Trading Platform;
15.12.6. force majeure circumstances described in
Section 16.1 did not occur;
15.12.7. in relation to the user who sent the proposal
to open or close the Transaction, the fact of non-fulfillment of obligations
did not take place;
15.12.8. if the user submits an offer to open a
Transaction, as a result of opening a Transaction, the user must not exceed the
initial amount of the Minimum Margin, loan or other restriction established for
the user's transactions;
15.12.9. according to Section 15.7, the user must send
the Company an offer during the Trading hours during which the Instrument is
traded, in respect of which the user sends an offer to open or close the
Transaction;
15.12.10. any other factor that the Company may
periodically notify the user based on the principle of reasonableness.
15.13. If, prior to the adoption by the Company of a
user's offer to open or close a Transaction, the Companys quote changes in a
direction favorable to the user (for example, if the price decreases in the
case of a Purchase or rises in the case of a Sale), the user acknowledges that
the Company may (but is not obligated) provide the user with the opportunity to
use such an advantage. As a result, the level of quotation at which the user
sent an offer to open or close the Transaction, after the acceptance of the
offer by the Company, changes towards a more favorable price. The User
acknowledges that the above change in the quotation level provided for in this
Section is made in full in his interests; the user also acknowledges that after
the acceptance of the offer by the Company, any offer, the change of which is
carried out in accordance with this Section is a binding agreement between the
user and the Company. Detailed information is provided in the Application
Execution Policy.
15.14. It is strictly forbidden to use any automated data entry system on the
Trading Platform. All Transactions must be completed manually by the user. Any
Transaction made using an automated data entry system is invalid. In case of
violation of the provisions of this Section 15.14, the Company may immediately
close all or part of any user accounts opened for it with the Company,
terminate the Client Agreement without notice and refuse to make further
Transactions for the user. Moreover, all funds on the user's Trading account
will be blocked in this case; The Company is entitled to receive from the
Users Trading Account any amounts necessary to compensate for loss, damage or
expenses, incurred by the Company as a result of a violation of the provisions
of this Section. The balance on the Users Trading Account is returned to the
user in accordance with Section 22.8.
15.15. If the Company has several Trading Accounts of
a user, actions with each Trading Account are performed separately.
Consequently, the credited funds available on one Account (including amounts
credited as Margin) are not used to repay the user's obligations related to any
other Account.
The User is obliged to independently monitor the
availability of the required Margin level in each individual Account.
15.16. Payments - dividends. In relation to any
dividends or payments due in connection with a certain Instrument, the Company
can make and calculate adjustments to the amounts available on the Users
Trading Account. If the user has opened a long Position, the Company adjusts
the state of the Users Trading Account to the benefit of the user by
multiplying the dividends by the number of instruments for the long position,
which, if necessary, is adjusted for tax purposes. If the user opens a short
Position, the Company adjusts the state of the Users Trading Account to the
benefit of the Company by multiplying the dividends by the number of
instruments for the short position, which, if necessary, is adjusted for tax
purposes.
15.17. Payments - mergers and reorganizations
(including events such as consolidation / splitting of shares, mergers,
acquisitions, separation of companies, redemption of a controlling stake in the
corporation by its staff, exclusion of shares from the quotation list, etc.).
Depending on the circumstances of each event, the Company adheres to the policy
of closing any Positions opened by the client at the market price at the time
immediately preceding the moment the event occurred. If as a result of such an
event (merger or reorganization) there is a need to make an adjustment for any
instrument, the Company determines the appropriate adjustment of the price of
the contract or the amount indicated in the contract, which it considers
appropriate taking into account the effect of fragmentation or consolidation,
resulting from such an action. Such adjustments represent the economic
equivalent of the rights and obligations of the Company and the user at the
time immediately preceding the relevant action.
15.18. Insolvency. If the company whose Instruments
constitute the subject of the CFD contract becomes insolvent or is otherwise
liquidated, the Company closes the User Transactions opened in relation to the
CFD contract for such Instrument. Closing occurs on the date the company is
declared insolvent.
15.19. You can deposit and withdraw funds after activating an account and generating sales.
15.20. The trading platform without fail provides services trading account insurance.
Insurance Connection Policy Details provided by customer support [email protected]
16. CURRENT FORCES
16.1. The Company may, at its discretion, establish
the fact of the presence of Force Majeure circumstances. In particular, the
following events are related to Force Majeure events:
16.1.1. any action, event or circumstance (including,
inter alia, a strike, uprising or public unrest, terrorist act, war, industrial
conflict, laws and regulations of state or supranational authorities and
institutions) which, in the opinion of the Company, does not allow the Company
to conduct activities in relation to one or several contracts for difference
(CFD), on which transactions are made on the Trading Platform;
16.1.2. suspension of activity or closure of the
Exchange, or nationalization or confiscation by the state, cancellation or
termination of any Instrument with which the quotes of the Company are
connected or based on, or the introduction of restrictions or special or
atypical terms of trade in relation to such a market or event;
16.1.3. excessive fluctuation of exchange rates in
relation to any Transaction and / or on any Exchange, or reasonable forecasting
by the Company of such fluctuation;
16.1.4. failure or malfunctioning of data transmission
means, communication means, computer equipment, power outages, or failure of
electronic equipment or means of communication; or
16.1.5. failure to fulfill obligations by any relevant
supplier, broker - intermediary of the Financial Institute, agent or principal
of the Company, depository, subdepository, dealer, Exchange,
clearing house, regulated or self-regulatory organization for any reason.
16.2. If the Company establishes the fact of the
presence of Force Majeure circumstances, the Company may at any time without
notice reasonably take the following measures (individually or in combination
with each other):
16.2.1. Modify user margin requirements as a result,
the user may be required to provide additional Margin;
16.2.2. close all Transactions or part of Transactions
opened by the user at closing prices that the Company reasonably considers
appropriate;
16.2.3. suspend or amend the Client Agreement in whole
or in part to the extent that, due to force majeure circumstances, the Company
encounters the impossibility or inappropriateness to comply with the provisions
of such an Agreement;
16.2.4. Change Trading hours for a specific
Transaction.
16.2.5. Recognize all Transactions open in respect of
Instruments that are subject to Force Majeure.
16.3. The User agrees that the Company is in no way
liable to the user or to another person in the event of force majeure, as well
as for actions performed by the Company in accordance with Section 16.2, if it
decides to perform such actions. The Parties shall be exempted from liability
for partial, full or improper fulfillment of obligations under this Agreement,
if such partial, full or improper fulfillment was the result of force majeure
circumstances that occurred after the conclusion of the Client Agreement.
17. CLIENT'S MONEY
17.1. The user hereby acknowledges that all monetary
and foreign currency funds owned by the user ("Customer Money"),
17.1.1. are on a special client cash account of the
Company;
17.1.2. client`s money are separated from Company assets;
and at the same time, the right to set off mutual
claims for all obligations of the user to the Company applies to such funds,
regardless of the number of accounts opened by the user in the Company.
Customer money is separated from the assets of the Company.
17.2. The user agrees that the Company may place the
user's funds in a special Client money account not in the user's base currency.
The amount of such Client Money will be at least equal to the amount in the
user's base currency.
17.3. The User acknowledges that the Company may
reasonably, without notifying the user, use and / or transfer all or part of
the user's money or currency from one user account to another user account in
order to ensure the fulfillment of future, actual or conditional obligations of
the user.
17.4. With respect to Client's money, no interest is
accrued or paid.
18. MARGIN
REQUIREMENTS AND Credits
18.1. In order to be able to open a Transaction with
any Instrument, the user must provide the Initial Margin on the Users Trading
Account. In order to maintain an open Transaction, the user must ensure that
the amount available on the Trading Account exceeds the Minimum Margin. The
User acknowledges that for each Instrument a separate Margin is established,
which may be periodically changed by the company. Funds can be transferred to
the Users Trading Account by bank transfer or by other means to a bank account
or other details that the Company periodically provides to the user. Depending
on the amount of funds available on the Users Trading Account, the Company
reserves the right to limit the amount and total number of open Transactions,
18.2. Unless otherwise agreed by the parties, funds
shall be credited for Margin and other funds credited in the base currency taking
into account the country of origin of the user specified in his address and in
the data specified for the Trading Platform. The user agrees not to send the
conversion request to the Company, and the Company does not convert the funds
in the users account or paid to the user on his Trading account from one
currency to another.
18.3. The User confirms that he is aware that the
Company may require an increase in the amount available on the Users Trading
Account in accordance with the Request for Additional Funds. The requirement to
make additional funds depends on a number of factors, including, but not
limited to, the general position of the client in the Company, the size of the
account, the number of open Transactions, the volume and history of trading
operations, and the market situation. Requirements for making additional
obligations received from the Company earlier do not exclude further
requirements for increasing the size of the Margin without notice. The User is
obliged to independently monitor whether he has enough funds on the Trading
Account taking into account the amount of Margin that must be paid in
accordance with the requirements of this User Agreement and the amount of
additional Margin that may be required.
18.4. The User is obliged to immediately fulfill the
Requirements for making additional funds by electronic transfer to the Users
Trading Account within the time limits established by the Company. If at some
point, once or repeatedly, the Company does not exercise or does not exercise
its right to insist not immediately transfer the funds in accordance with the
provisions of this paragraph, such non-fulfillment is not considered as a
refusal to ban or from exercising such a right. Failure to fulfill at any point
in time the Requirements for making an additional Margin or failing to make a
Payment constituting an additional Margin within a specified time may lead to
the closure (paragraph 14) of all open User Positions without further notice to
the user.
19. PAYMENTS AND
ACCOUNT OF ACCOUNTS REQUIRED
19.1. After the completion of the Transaction, taking
into account the applicable adjustments in the interests of the parties in
accordance with the provisions of this User Agreement:
19.1.1. The User is obliged to make the Difference if
the Transaction is carried out: Sales and the closing
price of the Transaction is higher than the opening price of the Transaction;
or Purchases and the closing price of a Transaction is lower than the opening price of a Transaction.
19.3. The User is obliged to independently pay all
taxes, duties and fees in relation to any Transaction made on the Trading
Platform. The user is obliged to independently calculate the amount and pay all
taxes levied on the user in his country of residence or otherwise arising in connection
with his trading operations on the Trading Platform.
19.4. Notwithstanding the above provisions, in
accordance with the requirements of the law, the Company requires a
contribution at the source of payment from the payments due to the user of such
amounts, which should be deducted at the request of the tax authorities in
accordance with applicable law.
19.5. The user may also incur other costs, including
taxes, USC, a private key related to Transactions made on the Trading Platform,
which are paid through the Company; the user bears such costs independently.
The user does not have the right to make a complaint to the Company regarding
such fees. Further, the user also acknowledges that such levies do not affect
the Company's right to send claims for additional funds under this User
Agreement.
19.6. It is hereby explained that, according to the
terms of this Customer Agreement, the Difference is the only payment due to the
user or made by him in connection with the use of the Trading Platform.
Notwithstanding the foregoing provisions, the Company reserves the right to
charge a commission for the absence of operations on the basis of prior notice
(For more information, see Section 20).
19.7. The company reserves the right to demand
reimbursement from the user in case of a refund from a credit card issuer or in
the case of a refund made in another way, for any reason. A company may receive
such a refund by collecting funds from the user's Trading Account, withholding
funds from future payments due to the user, collecting funds from the user's
credit card or receiving refunds from the user by any other legal means.
19.8. If the users country of residence has laws or
regulations that restrict the use of currency or require the user to submit
reports on receipts and payments in that currency to supervisory or law
enforcement authorities, the user agrees to fulfill the obligation to submit
reports or obtain the necessary permissions or approvals arising as a result of
his use of the Trading Platform and the execution of the relevant Transactions.
19.9. Due to the fact that the company does not charge
a fee for opening an account and its contents when opening an account, the
client has the right to withdraw funds only after 20 banking days.
19.9.1. Rules for withdrawing funds from the platform:
1. The client receives individual rules for
withdrawing funds from an accompanying company or brokerage platform; 2. When
withdrawing, the client must identify the relevant documents from the
accompanying company and, in certain cases, referring to Clause 16 of the
insurance policy connection;
20. COMMISSION FOR NO OPERATIONS
A user may be charged a fee for the continuous
provision of intermediary and transaction services to a user on the Sgx Reit
Limited platform, regardless of the actual use of such services by the user. If
the user does not make Transactions from his account for at least three months,
a fee will be charged from such an account for the provision and continuous
availability of the user's account, along with the costs of complying with
relevant legislative and regulatory requirements. The User agrees to pay any
commission charged, the need for payment of which he periodically receives
notifications, and acknowledges that the Company can deduct the amount of such
Commissions from the funds available to the Company on behalf of the user.
21. RELATIONS WITH
THIRD PARTIES
The user acknowledges that a mediation commission may
be paid to third parties. Details of such arrangements are not disclosed in the
relevant confirmation. Payments or commissions to affiliates and other third
parties can only be transferred if the Company is confident that such payments
do not adversely affect the Company's commitment to act in the interests of the
Company's client.
22. DURATION,
TERMINATION AND TERMINATION OF THE AGREEMENT
22.1. The User has the right to terminate the Client
Agreement at any time by sending the Company a written notice in accordance
with Section 23 of this User Agreement. In case of termination by the Client of
this Client Agreement, all open Positions should be closed by the user as soon
as possible, but in any case no later than within 21 days from the date of
notification. After receiving a notification from the user, the Company no
longer accepts Applications for opening new Positions or increasing existing
Positions. The Company closes the users account only if the user does not owe
money to the Company; at the same time, the user is obliged to immediately pay
off any losses incurred in the user's account before its closure.
22.2. If the user withdraws money from his account and
ceases to carry out trading operations without closing the account, the user
account remains inactive until the user deposits funds to it.
22.3. The Company immediately terminates the Client
Agreement on the basis of a written notice if:
22.3.1. the user violates any guarantee provided by
the Client agreement or other agreement between the parties, or it turns out
that at the time of the guarantee there was a significant distortion or
provision of incorrect information;
22.3.2. the user commits a material violation of any
condition of the Client Agreement (including the terms of any Transaction);
22.3.3. as a result of any Transaction or combination
of Transactions or realized or not realized loss for any Transaction or
combination of Transactions opened by the user, the user exceeds the credit or
other limit established for the user's transactions.
22.4. The Company has the right to immediately
terminate the Client Agreement by sending a written notification to the user,
both if there are reasons for this and without them.
22.5. The User unconditionally acknowledges that the
Company has the right to immediately close or suspend operations on the user's
account without notice in the following cases:
22.5.1. The user has committed a significant violation
of the terms of the Client Agreement;
22.5.2. The user misled the Company on a material
issue;
22.5.3. The user did not provide the information
necessary for the verification process performed by the Company.
The Company shall recover from the user any material
damage caused to the Company by the user in connection with a material
violation of the Client Agreement.
If the termination of the Customer Agreement occurs
due to the fact of default, the Company may close or cancel any open User
Positions without notice in accordance with the current quote valid on the
Trading Platform, or if the market is closed for some reason, in accordance
with the following Affordable quotation reasonably established by the Company
at the opening of the market.
22.6. Based on a reasonable assessment by the Company
of the financial situation of the user, if the user has not complied with the
Requirement for additional funds or has exceeded the credit limit established
for the Users Trading Account, the Company may allow the user to continue
operations on the Trading Platform or allow not to close open Positions. The
User acknowledges that if the Company allows the user to continue operations on
the Trading Platform or not to close open Positions, this may lead to an
increase in the user's losses.
22.7. In the event of termination or termination of
this User Agreement, the Company in accordance with Section 22.9 promptly, but
in any case within five (5) business days, returns to the user the net balance
of funds from the Users Trading Account. The Company transfers to the user the
funds of the net balance from the Users Trading Account in accordance with the instructions of the user or by transferring such
funds directly to the user's bank account indicated by him to the Company. In
the absence of user instructions, the Company sends such funds (at its
discretion) directly to the user's bank account
specified by it to the Company, or by sending a check by mail to the
address recorded in the User Registration Data.
22.8. The amount transferred to the user in accordance
with Section 22.7 represents the net balance on the Users Trading Account
minus all amounts due by the user to the Company
under the Client Agreement; and all taxes and other amounts that the
Company must withhold from the transfer in accordance with applicable law.
22.9. The rights provided for in this Section 22 are
granted additionally, without limiting or excluding other rights that may be
granted to the party that did not commit a violation (by agreement, by law or
for other reasons).
22.10. After the expiration, termination or
termination of the Client Agreement, the user immediately ceases to use the
Trading Platform and loses access to it (in any format), and also promptly
returns all materials of the Company at its own risk and expense.
22.11. Termination of the Customer Agreement for any
reason occurs:
22.11.1. without prejudice to any rights and
obligations of any party that arose prior to such expiration or termination (or
arise subsequently with respect to the period prior to such expiration or
termination);
22.11.2. do not affect the provisions of the Client
Agreement, which, expressly or impliedly, should enter into force or continue
to operate after such termination.
22.12. Without prejudice to the general significance
of the provisions of Section 22.11, the provisions of Section 22 shall remain
in force after the expiration, termination or termination of the Customer
Agreement for any reason for a period of 2 years, or, in relation to certain
information relating to confidential information, to an earlier point the time
when such information becomes well-known not as a result of violation by the
user of this condition.
23. NOTICES
23.1.1. All notifications sent to the user from the
site sgxreit.com are sent by e-mail from the address [email protected] or
by post to the address indicated by the user during registration.
If the notice is delivered in person, it shall be
deemed received upon delivery; in the case of transmission using electronic
means of communication in accordance with this paragraph, the notification
shall be deemed received on the next business day after its transmission (the
sender must prove the fact of delivery); if the notice is sent by express
courier according to this paragraph, it shall be deemed delivered upon receipt;
if the notification is sent by registered mail in accordance with this
paragraph, it shall be deemed delivered on the delivery date indicated on the
receipt of receipt issued by the relevant postal service or, if the addressee
cannot or refuses to receive such a notification, on the date of such refusal
or non-receipt. According to the Client Agreement, any party may change the
address indicated in the Client Agreement,
24. AUTHORITY FOR
TRADING OPERATIONS - USER BEHAVIOR
24.1. No provisions of this Agreement shall be
considered as provisions limiting or excluding the obligations or obligations
of the Company to the user in accordance with the Act; notwithstanding the
other provisions of this Agreement, the Company has the right to take any
measures that it considers necessary to ensure compliance with relevant
legislation and regulations. In the event of a conflict between the provisions
of this Agreement and the relevant legislation and regulations, the relevant
legislation and regulations shall prevail.
24.1.1. Whenever a user makes trading operations, he
undertakes to fulfill the following conditions:
24.1.2. the user is not an employee of any Exchange, a
corporation in which the Exchange owns a controlling stake, a company - a
member of the Exchange and / or a company registered on any Exchange, or any
bank, trust or insurance company that carries out trading operations with CFDs;
24.1.3. the user agrees not to make Transactions that
fall under the definition of Market fraud. We remind you that this
requirement applies to all forms of market fraud, including unauthorized
transactions using confidential information, arbitrage trading, trading based
on delays in quotations, misuse of information and the implementation by trade
directors of shares of their own companies;
24.1.4. execution, conclusion and execution of the
Client Agreement, as well as the use of the Trading Platform by the user,
including each Transaction made by the user, do not violate any laws,
regulations, charters, provisions and rules that the user must comply with in
the jurisdiction of which he is a resident , as well as any agreement binding
on the user or affecting the user's assets; and
24.1.5. except in extreme circumstances, the user does
not transfer funds to the Trading Account from another bank account not
specified in the Registration Data. The fact of extraordinary circumstances is
periodically established by the Company.
24.1.6. The User is not the director or officer of the
company that issued the relevant Tool.
24.2. The user hereby authorizes the Company to act in
accordance with the instructions that the user gives on the Trading Platform.
24.3. The Company has the right, and the user hereby
grants it the right to rely on any verbal, electronic or written messages or
instructions received from the user through the Trading Platform or from the
email address corresponding to the Account Registration Information used when
the user first gained access to the trading platform. The user acknowledges
that:
24.3.1. by logging on to the Trading Platform website
after entering the Account Registration Data, the user authorizes the Company
to act in accordance with the instructions and consider that such instructions
have the legal force of a written Order given by the user;
24.3.2. the user provides the Company with protection
and exemption from liability for all losses, expenses, fees, damages, expenses,
claims, claims, claims and financial obligations of any kind that the Company
may incur or which the Companies may encounter in connection with the
commission or as a result of actions according to such instructions or information
received from the user.
24.3.3. the user independently bears the risks arising
from all instructions authorized, unauthorized, improper or falsified, even if
it becomes known that such instructions were given without the permission of
the user. The User indemnifies the Company for all financial obligations that
may arise or which are required of the Company as a result of claims or other
claims filed against the Company or presented to it in connection with the
actions of the Company in accordance with such instructions and information,
the delay or refusal of the Company to act in accordance with such instructions
and information.
24.4. Without limiting the validity of the above
provisions, the Company does not undertake to act in accordance with any
instructions if the Company has reason to believe that:
24.4.1. the person who gave such instructions acted in
excess of the prescribed authority;
24.4.2. following such instructions will violate any
law, rule, regulation or Client Agreement;
24.4.3. in case the Company accepted the offer to
complete the Transaction, due to which later suspicions appeared that such a
Transaction falls under Sections 25.4.1 or 25.4.2, the Company may, at its
discretion, either close such a Transaction at the price valid at that time on
the Trading platform, or consider the Transaction as invalid from the very
beginning.
Nothing in this Section is considered an obligation of
the Company to ascertain the authority of the person representing the user.
24.5. Any proposal to open or close a Transaction
(including Orders) must be made by the user exclusively through the Trading
Platform. The Company does not accept written offers to open or close a
Transaction, including offers sent by fax, e-mail or SMS.
24.6. If the Company receives an offer to open or
close a Transaction not in accordance with the provisions of Section 25.5, the
Company, at its sole discretion, may act on the basis of the proposal; however,
the Company is not liable for any loss, damage or expense that the user may
incur due to any error, delay or inaction of the Company or its refusal to act
in connection with such an offer.
24.7. The user must independently ensure that the
Company has the current User Registration Data, including its current correct
address, phone number and email address for communication with the user. The
user is obliged to immediately update the data on the Trading Platform in case
of a change of address or contact information, unless the parties have agreed
on a different form of communication.
25. BONUSES
Periodically, the Company may offer cash bonuses in
the form of promotions. Detailed information on the terms and conditions
associated with receiving cash bonuses is presented on the Company's website;
such information may change periodically. If the user meets the criteria for
participation in the promotion, the user must comply with the restrictions
applicable to such bonuses (according to the descriptions presented in this
Section). Violation of the established restrictions entails the invalidity or
cancellation of bonuses and related income from trading operations, the receipt
of which the user can claim.
For all bonuses associated with the user's account,
the restrictions apply; after the promotion has expired, the opportunity to use
the bonus is lost. Bonuses provided as part of promotions are provided for one
account per household.
26. CONTRACTOR
DISCLAIMER
26.1. Trading operations carried out by the user on
the Trading Platform are not carried out on the Exchange. The Company acts as a
counterparty to Transactions made on the Trading Platform, and therefore acts
as a buyer if the user submits an offer to Sell the Instrument, and as a seller
if the user submits an offer to Buy the Instrument. The Company does not
guarantee that the prices offered on the Trading Platform are the best possible
prices; A company may offer different prices to different users. Detailed
information is provided in the Application Execution Policy.
26.2. Although the Company is a counterparty to each
User Transaction, the company can limit its risks by immediately hedging
(balancing) the User Transactions through another Transaction that the Company
makes with the Financial Institute. The company can provide compensation by
increasing the price received from the Financial Institute. The user should
know that the Company can make a profit if the price changes in a way that is
disadvantageous for the user. In addition, since the Company acts as the buyer
or seller of the Transaction, the user must carefully evaluate any trading
information received by him from the Company, as well as information received
from any financial institution referred to.
27. LIMITATION OF
LIABILITY
27.1. According to Section 28.2, the total liability
of the Company to the user for any claims arising in connection with the Client
Agreement (including, but not limited to, claims resulting from breach of
contract, negligence or other tort, by law or for other reasons) is limited to
the total amount of funds credited to the Users Trading Account, minus the
funds withdrawn from this account.
27.2. The company is not responsible:
27.2.1. for any losses, expenses, expenses or
financial obligations (collectively referred to as losses) incurred by the
user, unless the user incurred such losses as a result of negligence or
intentional default on the part of the Company, and to the extent that losses
are caused by the indicated reasons;
27.2.2. for any indirect loss or damage (such as loss
of profit, loss of business or other loss), costs, expenses and other claims
for compensation of any kind caused by any reason in connection with the Client
Agreement; or
27.2.3. for any loss incurred by the user as a result
of an error in any Application or instruction that is directed or considered
sent by the Authorized Person.
27.3. Nothing in this Section 28 excludes or limits
the liability of any party for fraud or intentional misrepresentation committed
by such a party (or its officers, agents or employees).
27.4. The User acknowledges that the Trading Platform
was not designed to meet the individual requirements of the user, and
therefore, the user independently ensures that the capabilities and functions
of the Trading Platform meet the individual requirements of the user.
27.5. The User acknowledges that the Trading Platform
may contain problems or errors, and agrees that the presence of minor errors is
not a violation of the Client Agreement.
27.6. The Client Agreement sets out all the
obligations and obligations of the Company to provide the Trading Platform. In
particular, there are no express or implied conditions, representations or
other provisions that are binding on the Company, with the exception of the
conditions, representations and provisions set forth in the Client Agreement.
27.7. The user is obliged to provide the Company with
protection and exemption from liability for any financial obligations that the
Company may incur directly or indirectly as a result of a violation by the user
of obligations under the Client agreement or as a result of the exercise by the
Company of the rights stipulated by the provisions of the Client agreement,
unless such obligations arose as a result of negligence or intentional default
on the part of the Company, and to the extent that they are caused by the
indicated reasons. The User provides the Company with protection and exemption
from liability for any loss incurred by the Company as a result of an error in
any instruction sent to the Company by an Authorized Person, or as a result of
the Company's actions in accordance with the instructions, which is directed or
deemed directed by the Authorized Person. The user shall promptly pay the
Company compensation for all losses, all costs and expenses, including
compensation for legal services paid by the Company in connection with the
enforcement of any provisions of the Client Agreement and other agreements
concluded by the Company with the user. Except where the Company has committed
negligence, the Company is not liable and is relieved by the user from
liability for all claims and losses arising from: paid by the Company in
connection with the enforcement of any provisions of the Client Agreement and
other agreements concluded by the Company with the user. Except where the
Company has committed negligence, the Company is not liable and is relieved by
the user from liability for all claims and losses arising from: paid by the
Company in connection with the enforcement of any provisions of the Client
Agreement and other agreements concluded by the Company with the user. Except
where the Company has committed negligence, the Company is not liable and is
relieved by the user from liability for all claims and losses arising from:
27.7.1. delays, non-fulfillment or user errors made in
connection with reasonable instructions that the Company provided to the user;
27.7.2. inaccurate or incomplete instructions received
from the user;
27.7.3. Application or use by a user or a third party
having access to the Users Trading Account or Financial Data, which is
provided in the most conscientious manner, but without guarantees, to complete
a Transaction on the Trading Platform or for any other purpose:
provided that the Company promptly sends the user a
written notice of such a claim and provides the user with the opportunity at
their own expense to participate in the defense of such a claim. The User
agrees not to enter into a settlement or settlement in such a claim without the
prior written consent of the Company.
28. DISCLAIMER
28.1. The company, in particular, does not warrant
that:
28.1.1. The trading platform meets the individual
requirements of the user;
28.1.2. The equipment, Software and communications of
the user are compatible with the equipment and Software used by the Company to
provide the Trading Platform;
28.1.3. Using the Trading Platform proceeds without
failures, is safe and eliminates errors;
28.1.4. The Company is able to prevent disruptions in
the operation of the Trading Platform caused by the actions of third parties;
28.1.5. Errors in the operation of the Trading
Platform will be fixed; or
28.1.6. The company detects all malfunctions in the
operation of the Trading Platform.
28.2. Warning messages are SMS messages or e-mail
messages, which, in accordance with the settings made by the user, are sent to
the communication device or the user's mail program after the occurrence of a
certain event. Warning messages are sent using public communication means, and
the user agrees that the Company does not guarantee the compatibility of the
user's communication device with the warning messages sent. The company also
does not guarantee that the user correctly uses the function of receiving
Warning messages. Sgx Reit does not warrant that the user's device
may receive such messages.
28.3. The Company hereby disclaims all liability in
connection with the following:
28.3.1. Failure of the user's Internet connection,
communications failure or connection delays,
28.3.2. Loss or damage of any data or documentation of
the user stored or not stored on the Trading Platform, or the absence of a
backup copy of such data and documentation,
28.3.3. security breaches arising in whole or in part
in connection with third-party Software or goods or services received on the
network, or as a result of actions or events that are not dependent on the will
of the Company,
28.3.4. the provision of security services that the
Company may voluntarily provide in addition to the scope of services provided
for in the Client Agreement; and
28.3.5. use of the Trading Platform is not in strict
accordance with the Client Agreement or the technical documentation that the
Company provides the user in other ways, including on the Company's Website.
In relation to any Financial Information or other
information that the Company or a third-party service provider provides to the
user in connection with his use of the Trading Platform:
28.3.6. The Company and such a service provider are
not liable for the inaccuracy or incompleteness of such data or information,
unless such inaccuracy or incompleteness arises as a result of negligence
committed by the Company;
28.3.7. The Company and such a service provider are
not responsible for actions that the user performs or does not perform on the
basis of such data and information, unless the Company has been negligent;
28.3.8. the user uses such data or information
exclusively in accordance with the Client Agreement and for the purposes provided
for in it;
28.3.9. such data or information is confidential
information of the Company and a third-party service provider, respectively,
and the user agrees not to transmit, distribute, publish, display such data or
information to third parties in whole or in part, unless such actions are
performed at the request of the applicable legislation; and
28.3.10. the user agrees to use such data or
information solely in accordance with applicable laws and regulations.
29. DOCUMENTATION
The documentation of the Company, with the exception
of cases when it is proved to be erroneous, is a confirmation of the operations
that the user carries out in connection with the Trading Platform. The user
should not rely on the Company to fulfill its documentation obligations,
although documentation may be provided to the user upon request and at the
discretion of the Company. The User does not object to the provision of Company
documentation, which may be required as evidence in any court or supervisory
review proceedings.
30. RELATIONS
BETWEEN PARTIES
30.1. The User opens the Transaction in the Company as
a principal, and not as an agent of any person. This means that, in the absence
of a written agreement otherwise, the Company considers the user as its client
in all aspects, and the user is directly responsible for fulfilling the
obligations for each Transaction carried out by the user. If the user acts in
connection with or on behalf of another person, regardless of whether the user
has informed the Company about such a person, the Company does not consider
such a person as his client, and does not incur obligations to such a person,
with the exception of cases where there is a written agreement otherwise.
30.2. The interaction with the user carried out by the
Company is reduced solely to the execution of applications in accordance with
the Company Policy on the execution of applications, unless otherwise provided
by the Company in writing. The Company does not provide recommendations on the
merits and expediency of a particular Transaction. Except as otherwise provided
in the Client Agreement, the user acknowledges that the Company is not
obligated:
30.2.1. monitor the status of the Transaction and give
the user recommendations regarding such status;
30.2.2. send Requests for additional funds or inform
the user about a violation of Section 18.1;
30.2.3. close Transactions opened by the user,
despite the fact that the Company has previously taken
such actions in relation to such or any other Transaction.
30.3. The User hereby acknowledges and declares that
in relation to all operations carried out by the user on the Trading Platform,
he relies on his own judgment in matters of opening, closing of Transactions or
refusing to open or close them, and that in the absence of fraud or negligence,
the Company is not responsible for any losses (including, but not limited to,
indirect losses, missed opportunities or lost profits resulting from the
non-receipt by the user of the expected profit), expenses, expenses or damage
incurred by the user due to inaccuracy or error contained in any information,
including Financial data, that was provided to the user in the most
conscientious way, but without guarantees, including information related to any
Transaction made by the user in the Company. Financial data is provided solely
for the information of the user and does not constitute financial or investment
advice. Subject to the Company's right to invalidate or close any Transaction
in certain circumstances provided for in the Client Agreement, any Transaction
opened by the user after the occurrence of such inaccuracy or error,
nevertheless, remains in all respects valid and binding on the user and the
Company.
30.4. Prior to commencement of trading operations on
the Trading Platform, the user confirms that he is aware of all exchange
differences, commissions, interest and other contributions that the user is
obligated to pay under the Client Agreement. Depending on the circumstances,
these contributions affect the net profit received by the user from trading
operations (if any) or increase the user's losses.
31. COMPLAINTS
31.1. Any complaint that a user has with regard to the
services provided on the sgxreit.com website according to the Client
Agreement must be made in writing and sent to the Company in accordance with
Section 23. The Company has a complaints procedure that allows promptly and
fairly to consider all complaints received by the Company. Detailed information
on complaints handling is available upon request.
32. ENTIRE AGREEMENT
The client agreement constitutes the entire agreement
between the Parties regarding the issues addressed in such an agreement. The
Client Agreement supersedes all previous agreements or arrangements between the
Company and the user regarding the subject matter of such an agreement.
33. ADDITIONAL
SERVICES
The User acknowledges that the Company may provide the
Trading Platform to other parties, and agrees that no provisions of this
Agreement are considered as provisions that do not allow the Company to provide
such services.
34. DISCLAIMER
34.1. Failure to exercise, or a delay in the exercise
of any right or remedy provided for by the Client Agreement, by law or by the
rules of justice (and / or further execution of the Client Agreement) does not
mean a waiver of such a right or remedy, but also a waiver of other rights and
remedies. A refusal to recognize a violation of any conditions of the Client
Agreement does not constitute a refusal to recognize another violation and does
not affect other conditions of the Client Agreement.
34.2. The rights and remedies provided for in the
Client Agreement are mutually complementary (unless otherwise provided in the
Client Agreement), and do not exclude other rights and remedies granted by law
or by the rules of justice.
35. TERMINATION
35.1. The User cannot assign or transfer to a third
party his rights or obligations under the Client Agreement, whether by law or
for any other reason, permanently or temporarily, without the prior written
consent of the Company.
35.2. The User acknowledges that the Company may
transfer its rights or obligations under the Client Agreement to the assignee,
to which all or a significant part of the assets or business of the Company are
transferred, without prior written consent. Subject to the foregoing, the
Client Agreement is legally binding and acts in the interests of the parties
and their respective successors, and does not imply the provision of any rights
or remedies under this Agreement to other individuals or legal entities.
36. THIRD PARTY
RIGHTS
Except as expressly provided in the text of this
Agreement, a person who is not a party to this Agreement does not have any
right to enforce the terms of this Agreement in accordance with the Law on
Contracts (Third Party Rights) of 1999.
37. PRIORITY
In the event of a conflict between the provisions of
the Customer Agreement, the provisions of this User Agreement shall prevail.
38. SETTLEMENT OF
DISPUTES
Disputes and disagreements that may arise during the
execution of this Agreement, the Parties shall resolve through negotiations. If
the parties fail to resolve disputes through negotiations, after applying
pre-trial proceedings to resolve such disputes in accordance with the
legislation of the Republic of Vanuatu, the parties refer such disputes to the
court of the Republic of Vanuatu.
39. CONFLICT OF
INTERESTS
The company provides a Trading Platform for conducting
CFD operations and does not carry out any competitive activity, as a result of
which there may be a conflict of interests with customers or between them.
Under no circumstances can the interests of the client be harmed by the
exchange of information or for any other reason. Detailed information is
provided in the Company Conflict of Interest Policy, which is part of the
Client Agreement and published on the Site.