You acknowledge that we may agree to such a request entirely at our discretion.
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Forgotten your username or password? The following terms and conditions apply to individuals who are transacting privately , as a sole proprietor of a business, as a trustee of a trust or as a partner of a partnership. If you are representing a company, you will need to enter into a Corporate Client Agreement. You should not indicate your agreement to these terms and conditions until you have read them fully, are satisfied that you understand them and are happy with what they say.
The specific details of each individual Transaction will be agreed separately at such time as you book those Transactions; they will constitute separate agreements in their own right but will incorporate these terms and conditions. When you enter into a Transaction, you must deliver to us the full amount of the funds you are transferring on or before the agreed date.
We will not provide any recommendation or give any opinion in relation to a Transaction. We may provide you with information in relation to the mechanics of the Transaction you are proposing to enter into. You must obtain your own financial advice and make your own assessment as to whether our service is appropriate for your requirements.
You must select the type and timing of each Transaction you enter into yourself. It is your responsibility to ensure the security of your username and password. We will rely on any Instructions received pursuant to the use of the username and password without checking the identity of the user and you will at all times be bound by those Instructions. Therefore, we always reserve the right to refuse to accept your Instructions and to do so without giving you any reasons and without incurring any liability to you for any resultant loss or damages incurred by you or any other party.
The Transaction will be legally binding on you when we receive your Instructions in accordance with this paragraph 4 or paragraph 5. We will provide you with confirmation of the Transaction Details on the screen at the time you book the Transaction, but we will not provide you with any subsequent confirmation of any kind unless you request it. The Transaction will be legally binding on you at the conclusion of the telephone call.
If we cannot contact you by telephone on the number you have given to us within 15 minutes, we reserve the right to cancel the booking and not enter into the Transaction. You acknowledge that, if you choose to book a transaction by email, it may not be processed immediately. When we process your Instructions, we will send you an email headed "Deal Confirmation". The Deal Confirmation constitutes an error correction mechanism only; if you do not contact us within 24 hours of receipt of the Deal Confirmation, the Transaction details will be deemed to be correct.
We will send you an email headed "Deal Confirmation". The Deal Confirmation constitutes an error correction mechanism only.
If there is any discrepancy between the Deal Confirmation and the details of the Transaction that have already been agreed in the telephone conversation, you must contact us within 24 hours of receipt of the Deal Confirmation, failing which the Transaction details in the Deal Confirmation will be deemed to be correct.
In the event of any dispute, the transcript of our telephone conversation may be used as evidence as to the terms of the agreement that was entered into. You may only take action to correct any of the Transaction details set out in the Deal Confirmation if the Deal Confirmation does not reflect the transaction details that have already been agreed.
You must notify us as soon as the mistake comes to your attention and we will requote the Rate as soon as possible. We reserve the right to requote the Rate if you do not provide us with requested information or funds on time. After the telephone call, we will send you a document entitled Deal Confirmation.
We may request an Advance Payment both at the time you book the Forward Transaction and at any time prior to the Maturity Date.
You acknowledge that the amount of any Advance Payments requested will be determined by us in our discretion. You acknowledge that any Advance Payment is a part-payment of the full amount of the Forward Contract, that you do not retain any interest in, or have any right to be repaid, any Advance Payment, and that in accordance with paragraph 6. If you do not do so, we reserve the right to Close Out the Forward Contract in accordance with paragraph 9.
You acknowledge that we may agree to such a request entirely at our discretion. If we agree, you acknowledge that the Rate will be adjusted to account for the timing of the new settlement date.
If we have not received the funds within 2 business days, we reserve the right to Close Out the Transaction in accordance with paragraph 9. If we have not received the funds by the Maturity Date or any agreed change to the maturity date , we reserve the right to Close Out the Transaction in accordance with paragraph 9.
You agree to make all payments to our account electronically and you acknowledge that we will transmit your funds by electronic means only. If you fail to do so, we reserve the right to Close Out the Transaction in accordance with paragraph 9. In the event that we agree to make a payment for you without having received the full amount, you acknowledge that we are not waiving our right to ask you for the full amount after the Transaction has been processed.
You will need to book a new Transaction. Subject to your right to cancel the Order in accordance with paragraph 8. After we receive your Instructions, we will send you an Order Confirmation. The Order Confirmation constitutes an error correction mechanism only; if you do not contact us immediately on receipt of the Order Confirmation, the Transaction details will be deemed to be correct.
You may not cancel an Order after the Target Rate has been reached, whether or not we have notified you that the Target Rate has been reached. When the Target Rate is triggered, you are legally bound by the Transaction. As soon as you receive our notification, you must take action to ensure that the funds reach our account by the Delivery Date. If we do not receive the funds in time, we reserve our right to Close Out the Transaction in accordance with paragraph 9.
If the value of the currency you have asked us to exchange has strengthened, a loss will be incurred on the Transaction and you will be liable to pay us the amount of that loss, together with any expenses, premiums, commissions or other fees incurred by us. You agree that we may immediately deduct the total amount of any loss together with any expenses, premiums, commissions or other fees from any refund owed to you upon Closing Out a Transaction for example, the amount of any Advance Payment.
If the amount we are seeking to recover exceeds the amount of any refund owed to you, you agree to pay the balance within 7 days of being notified by us of the total amount due. Interest will accrue and will be calculated daily and be compounded monthly from the date payment was due until the date full payment is made by you. Our complaints officer will attempt to resolve the dispute to your satisfaction as quickly as possible.
In particular, you acknowledge that we operate an online dealing platform that could be subject to technical, or other, problems, the nature and duration of which may be beyond our control. Our service also involves the use of intermediaries who are outside our control. Accordingly, while we do everything reasonably in our power to ensure the timely transmission of funds, we cannot guarantee that transfers of funds will always be made on time and, subject to paragraph Subject to paragraph Without in any way limiting the effect of this paragraph or any other paragraph of this agreement, "consequential damages" shall be taken to include damages arising from:.
This includes any legal costs that we may incur in order to enforce our rights or recover any amounts you owe us. You also agree to indemnify us for any fees, costs, duties and taxes charged by third parties, including fees charged by your beneficiary bank, whether or not those fees or charges were notified to you in advance.
In doing so, we may give information about you to a credit reporting agency for the purpose of obtaining a consumer credit report about you and allowing the credit reporting agency to create or maintain a credit information file containing information about you, and you authorise us to do so. The information will be limited to your identity particulars, including your name, sex, address and the previous two addresses , date of birth, name of employer, and drivers license number, as well as the fact that you have made an application for credit to us.
Information disclosed to credit reporting agencies including default information will be held by each agency on its system, accessed by the customers of the credit reporting database and used to provide its credit reporting services including the maintenance of credit information files and supplying the information to other customers of the relevant credit reporting agency.
Under the Privacy Act , you have rights of access to, and correction of, your personal information. You must tell us if any of your personal details change as soon as practicable.
Proof of posting will be proof of receipt; in the case of facsimile or email on the day of dispatch, in the case of delivery by post 48 hours from the date of posting. Documents shall be sent to the last known postal address, email address or fax number you have given to us.
If they change, you must notify us as soon as possible. This will not affect any rights or obligations you already have, but you will be bound by the new terms when you enter into subsequent Transactions.
Advance Payment means a payment of part of the sum that is due us on the Maturity Date. Agent Appointment Form means a form that we will give you to enable you to appoint somebody else to transact with us on your behalf. Auto-Confirm Transaction means a Transaction that has been booked online and has been processed by us automatically with no telephone call or other communication being entered into.
Close Out means reversing a Transaction in the circumstances set out in paragraph 9 or otherwise pursuant to this Agreement. Forward Contract means a foreign exchange contract under which we agree to exchange money at an agreed exchange rate and at an agreed time which is between 48 hours and 12 months from the time of the contract being entered into.
Maturity Date means, in relation to a Forward Contract, the date on which the currency exchange is to be made by the Company and includes any agreed variation to the original date, being either an earlier or a later date. Order means a limit order pursuant to which you may instruct us enter into a Transaction only when a Target Rate has been reached.
Order Confirmation means the notification we send you confirming the details of the Order you have entered into with us. Rate means the foreign currency exchange rate that we quote you for a Transaction. Spot Contract means a foreign exchange contract under which we agree to exchange money at an agreed rate within 48 hours of the contract being entered into.
Transaction means a Spot Contract, a Forward Contract or an Order, and shall be taken to refer to a series of transactions pursuant to standing instructions given by you.
Websites means any websites owned by us including but not limited to www. The specific transactional details of each Transaction, including the currencies to be exchanged and the amount of the transaction, will be agreed separately when you book the Transactions; they will constitute separate agreements in their own right, but will incorporate these terms and conditions. When you enter into a Transaction, you must deliver to us the full amount of the funds you are transferring on or before the Delivery Date.
You must be the owner of any funds that are the subject of a Transaction. An Authorised Signatory may have unlimited authority to give us Instructions on your behalf or you may specify the stages of a Transaction they are authorised to undertake. If you wish to change the Authorised Signatories, you may do so by completing a Change of Authorised Signatory Form or otherwise notifying us in writing.
We will accept any Instructions received pursuant to the use of the username and password without checking the identity of the user or their level of authorisation and you will at all times be bound by those Instructions. We will provide you with confirmation of the Transaction Details on the screen at the time you book the Transaction, but we will not provide you with any subsequent confirmation of any kind, unless you request it.
If we cannot contact you by telephone on the number you have given to us within 15 minutes of your booking, we reserve the right to cancel the booking and not enter into the Transaction. Trade signals sent directly to your inbox or mobile device for FREE.
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