This notice is provided to you (the “Client” or “you”) because you are considering dealing with Faith Global Commercial Broker (“1303876”) (hereinafter “the Company”) in Foreign Exchange Contracts, Contracts for Difference, deposits and payments products and other Derivatives Contracts (“Transactions”) either on a margin basis or otherwise.
This notice cannot and does not disclose or explain all of the risks and other significant aspects involved in dealing in these Transactions and was designed to explain in general terms the nature of the risks particular to dealing in these Transactions and to help the Client to take investment decisions on an informed basis.
Prior to applying for an account, you should consider carefully whether trading in these Transactions is suitable for you in the light of your circumstances and financial situation. Margin FX and CFDs involve different levels of exposure to risk and, in deciding whether to trade in such instruments, you should be aware of the following points:
Trading in Margin FX and CFDs (“OTC Derivatives”) carries a high degree of risk. The “gearing” or “leverage” involved in trading OTC derivatives means that a small initial margin payment can potentially lead to large losses in excess of your initial investment. The geared nature of derivative s also means that Margin FX and CFDs trading can carry greater risks than conventional share trading, which is generally not geared.
A relatively small market movement can lead to a proportionately much larger movement in the value of your investment, and this can work against you as well as for you.
Most OTC derivatives are off-exchange derivatives. This might be considered to involve greater risk than an on-exchange derivative as there is no exchange market on which to close out an open position – you are only able to open and close your positions with us. Accordingly, you are exposed to the unlikely event that we may not be able to fulfil our obligations to you as a counterparty.
Foreign markets will involve different risks to markets. The potential for profit or loss from OTC derivatives relating to a foreign market or denominated in a foreign currency will be affected by fluctuations in foreign exchange rates. It is possible to incur a loss if exchange rates change to your detriment, even if the price of the instrument to which the OTC derivatives relates remains unchanged.
Margin FX and CFDs are contingent liability transactions which are margined and require you to make a series of payments against the purchase price, instead of paying the whole purchase price immediately, and they may only be settled in cash.
You may sustain a total loss of the margin that you deposit with us to establish or maintain a position. If the market moves against you, you may be called upon to pay substantial additional margin at short notice. If you fail to do so within the required time, your position may be liquidated at a loss and you will be liable for any resulting deficit. You will be deemed to have received a notice requiring the payment of such funds, even if you are not at home or do not receive the messages we leave for you, if the notices are delivered to your nominated contact points.
Even if a Margin FX and CFD is not margined, it may still carry an obligation to make further payments in certain circumstances over and above any amount paid when you entered into the contract.
Under certain trading conditions it may be difficult or impossible to liquidate a position. This may occur, for example, at times of rapid price movement if the price rises or falls in one trading session to such an extent that trading in the underlying market is suspended or restricted.
Placing a Stop Order will not necessarily limit your losses to the intended amounts, because market conditions may make it impossible to execute such an Order if the underlying market moves straight through the stipulated price.
We will not provide you with personal financial product advice relating to Margin FX and CFDs and we will not make Margin FX and CFD recommendations of any kind. The only advice we will give you will be as to how Margin FX and CFDs work.
There is no clearing house for Margin FX and CFDs, and the performance of a Margin FX and CFD by Faith Global Commercial Broker is not ‘guaranteed’ by an exchange or clearing house.
Our insolvency or default may lead to your positions being liquidated or closed out without your consent. As all deposits lodged with us are held in a segregated client account or accounts, in such circumstances those deposits would attract all legal protections afforded under the applicable laws.Net unrealised running profits are also held in trust by us (in excess of our contractual and regulatory requirements) and would normally be similarly protected for your benefit as beneficial owner, unless a Court were not to uphold the trust in relation to the net unrealised profits, in which event you would rank as an unsecured creditor of ours in relation to such net unrealised profits. It should also be noted that keeping your funds in a segregated client account does not offer or guarantee absolute protection of your funds in the event of our insolvency or default where there is a deficit in the segregated client account.
Although by dealing with us you will not be dealing in securities, you need to be aware that you may still be subject to the applicable laws.
The obligations to you under the Client Agreement and the margin FX and CFDs are unsecured obligations, meaning that you are an unsecured creditor of ours.
Terms and Conditions
INTRODUCTION
These terms and conditions outline the rules and regulations for the use of Faith Global Commercial Broker’s Website, located at https://Faithglobalfx.com/.
The Client wishes to deal in over-the-counter financial products in accordance with the Client’s instructions from time to time, and in accordance with the terms and conditions contained in this Agreement.
By accessing this website, we assume you accept these terms and conditions. Do not continue to use FaithGlobal Fx if you do not agree to take all of the terms and conditions stated on this page.
These terms and conditions are part of the agreement between Faith Global Commercial Broker (1303876) (“we”, “our” or “us”) and you the client (“you” or “yourself”) which governs our trading services and all transactions we conduct with you.
All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of UAE. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
The Agreement between us is constituted by the following documents:
Application form;
These terms and conditions; and
Any additional terms and conditions issued by us and notified to you and accepted by you, in connection with our dealings with you;
The market information sheet which we may publish from time to time;
These documents are referred to as the “Agreement”.
There are other materials that explain the basis of our dealings with you and they include:
Our website, which includes our trading platform
Please read this Agreement carefully and seek professional advice if necessary. Contracts that we enter into with you under this Agreement are legally binding and enforceable. By signing the Application form or by electronically submitting your application on our website you confirm that you accept the terms of the Agreement. When we open an account for you, you will be bound by the Agreement in your dealings with us.
GENERAL INFORMATION
PRINCIPAL
We will deal with you as principal and not as agent on your behalf. This means that any trades are agreed directly between you and us and we will be the counterparty to all of your trades. Unless we agree otherwise in writing, you will also deal with us as principal and not as an agent or representative of another person. You will not permit any person to deal on your behalf unless we agree that such person (the “Agent”) can act on your behalf. We will be entitled to rely on any instructions given to us by the Agent in relation to your account. We may require confirmation that the Agent has authority to act on your behalf at any time we reasonably consider appropriate.
NO PERSONAL FINANCIAL ADVICE
We will not provide any personal or financial product advice to you, in relation to the terms and conditions of this Agreement or on the merits of any trade. We deal with you on an execution-only basis and any advice we give you will be general advice only. This means that any advice we do give you has been prepared without taking account of your objectives, financial situation or needs. In the circumstances, you should seek professional advice as to whether the financial products that we offer are suitable for your purposes having regard to your objectives, financial situation or needs.
INVESTMENT RESEARCH AND OTHER PUBLISHED INFORMATION
We may from time to time send published research reports and recommendations and other publications to you. If the document contains a restriction on the person or category of persons for whom that document is intended or to whom it is distributed, you agree that you will not pass it on to any such person or category of persons. We make no representations as to the time of receipt by you of research reports or recommendations and cannot guarantee that you will receive such research reports or recommendations at the same time as other clients. We shall not be liable for any investment decision you make, based in whole or in part, on any investment research report, recommendation or other publication we send to you. Any such published research reports or recommendations may appear in one or more screen information service.
ALL TRADES AT YOUR RISK
We may, but are under no obligation:
To satisfy ourselves as to the suitability of any trade for you;
To monitor or advise you on the status of any trades;
To make margin calls; or except where legislation requires it, close any open position despite the fact that previously we may have given such advice or taken action in relation to that trade or any other.
RELIANCE ON YOUR OWN JUDGMENT
You must understand the risks of dealing in Margin FX and CFDs and rely solely upon your own judgement in dealing with us. We are not under any responsibility or owe to you any duty of care to monitor your trades or to prevent you from trading beyond your means or ability or otherwise, to protect you.
We will assess wholesale client or retail client status from time to time. If you satisfy the criteria to be classified as a wholesale client, we may classify you as such. We are under no obligation to inform you if we classify you as a wholesale client.
OUR TRADING SERVICE
Our trading service is an on-line service and you specifically consent to the receipt of documents in electronic form via email, website or other electronic means. Upon your request we will send you the product disclosure statement and financial services guide in paper form at no charge.
ACCESS TO INTERNET
You confirm that you have regular access to the internet and consent to us providing you with information about us and our services (including market information), our costs and charges and our notices by email or by posting such information on our website or on our trading platform. You acknowledge that in the event that you are unable for any reason whatsoever to place a trade or close a position because of difficulties you may be having with our trading platform, you will immediately telephone our dealing desk to place the trade or close the position.
UNDERLYING INSTRUMENTS
You will not have any rights of ownership or otherwise in any underlying instrument as a result of the trade with us. This means you will not own or have any interest in the physical currency, index, commodity or bullion the subject of the Margin FX or CFD.
OUR DISCRETIONS
Various sections of this Agreement confer discretions on us to act in circumstances that are set out in the relevant provision.
OPENING
After we accept your application, we will open an account in your name. We may split your account into different sub-accounts denominated into different currencies and references in this Agreement to your account is to be taken to include reference to subaccounts or the relevant sub-accounts, as the case requires. We reserve the right to refuse to open an account for any reason whatsoever.
ACCOUNT INFORMATION
You undertake and warrant to us that any information provided to us is correct and that you will immediately inform us of any material change to that information, and including any changes to your contact details or financial status.
TRUST ACCOUNT
All moneys deposited by you to the credit of your account is client money within the meaning of the client money handling obligations and which will be held in an account with an approved foreign bank in accordance with the client money obligations. Client money is held in trust for the clients entitled to it, or if the money is invested in accordance with the client money obligations, the investment is held in trust for the clients entitled to it.
NAMING OF CLIENT
Where two or more natural persons and no others are named as the client, the account will be established in their names as joint tenants unless they specifically advise otherwise. In all other cases, the accounts will be established in the names as tenants in common. All account holders shall be jointly and severally liable for losses, fees or charges arising on a joint account. Among other things, this means that any monies owed on the account shall be payable in full by you or any of the other joint account holders.
ACCOUNT DETAILS
Upon opening an account with us, you will be given an internet specific password, which must be declared, together with your account number, when you wish to access your account. You will also be given an account name, which must also be declared to access your account in certain circumstances.
It is your responsibility to keep your account number and security information confidential and agree that you will not disclose your account number or password to any other person. You will be deemed to have authorised all trading under your account number irrespective of whether the person using it for the purpose of trading is using it with your authority, unless the trade in question is not one that you in fact authorised directly or through a power of attorney; and
The person using the account number obtained it from us as a result of our negligence, or
We otherwise act negligently in accepting instructions on your account.
INSTRUCTIONS AND DEALING
BY TELEPHONE
When you trade by telephone your instructions to open or close a trade must be given to our trader during the same telephone conversation in which the quote was given. We have no liability to you if this telephone conversation is interrupted before we receive an instruction from you to trade on that quote; nor are we under any obligation to repeat the quote in a subsequent conversation.
We will not accept an order left with other employees, on an answering machine or on a voice mail facility.
CHANGING AUTHORISED PERSONS
You may, by written notice, change the persons who are authorised from those indicated on the application; but we are not bound by any such variation until we actually receive written notice. We may act upon the oral or written orders or instructions of any authorised person, or any person who appears to us to be an authorised person, despite the fact that the person may not be approved. For example, we are allowed to act on any orders or instructions transmitted using your user’s name, account number, user id or password.
ACCOUNT SECURITY INFORMATION
You are required to keep all security information relating to the account, including, but not limited to, any user name, account number, user id and password, personal information and we do not have to establish the authority of anyone using these items. If you are aware or suspect that these items are no longer confidential, you should contact us as soon as practicable so that they may be changed.
CONFIRMATION OF INSTRUCTIONS
We may also, although we are not appreciative to, require confirmation of any order or instruction: If any instruction is to close an account or remit money to you; or otherwise, if it reasonably appears to us that confirmation is necessary or desirable.
ACKNOWLEDGEMENT OF INSTRUCTIONS
Instructions may be acknowledged orally or in writing by us, as appropriate.
INTERNET INSTRUCTIONS
Any order or instruction sent by you by internet will only be considered to have been received, and will only then constitute a valid instruction and binding margin FX or CFD between you and us, when such order or instruction has been recorded as accepted and confirmed to you (see earlier).
Cookies
We employ the use of cookies. By accessing FaithGlobal Fx, you agreed to use cookies in agreement with the Faith Global Commercial Broker’s Privacy Policy.
Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.
License
Unless otherwise stated, Faith Global Commercial Broker and/or its licensors own the intellectual property rights for all material on FaithGlobal Fx. All intellectual property rights are reserved. You may access this from FaithGlobal Fx for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
Republish material from FaithGlobal Fx
Sell, rent or sub-license material from FaithGlobal Fx
Imitate, duplicate or copy material from FaithGlobal Fx
Redistribute content from FaithGlobal Fx
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Faith Global Commercial Broker does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Faith Global Commercial Broker, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Faith Global Commercial Broker shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
Faith Global Commercial Broker reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
The Comments do not contain any offensive, slanderous, violent, indecent or otherwise unlawful material which is an invasion of privacy
The Comments will not be used to ask or promote business or custom or present commercial activities or unlawful activity.
You hereby grant Faith Global Commercial Broker a non-exclusive license to use, copy, edit and authorize others to use, copy and edit any of your Comments in any and all forms, formats or media.
Hyperlinking to our Content
The following organizations may link to our website without prior written approval:
Government agencies
Search engines
News organizations
Online directory distributors may link to our website in the same manner as they hyperlink to the Websites of other listed businesses; and
System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
commonly-known consumer and/or business information sources;
dot.com community sites;
associations or other groups representing charities;
online directory distributors;
internet portals;
accounting, law and consulting firms; and
educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavourably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Faith Global Commercial Broker; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Faith Global Commercial Broker. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our website as follows:
By use of our corporate name; or
By use of the uniform resource locator being linked to; or
By use of any other description of our website being linked to that makes sense within the context and format of content on the linking party’s site.
No use of Faith Global Commercial Broker’s logo or other artwork will be allowed for linking absent a trademark license agreement.
iFrames
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our website.
Content Liability
We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third-party rights.
Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our website, you agree to be bound to and follow these linking terms and conditions.
Removal of links from our website
If you find any link on our website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
Disclaimer
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
limit or exclude our or your liability for death or personal injury;
limit or exclude our or your liability for fraud or fraudulent misrepresentation;
limit any of our or your liabilities in any way that is not permitted under applicable law; or
exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in offence and for breach of constitutional duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
