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5. Your trading Instructions

 

5.  Your trading Instructions

 

5.1  Once you have opened an Account, you may Instruct us to buy or sell Securities on your behalf. We will then arrange to execute your Instructions.

 

5.2  Any instructions:

 

     5.2.1  Must be given to us through the Website and/or our mobile ap;

 

     5.2.2  are subject to the Rules and this Agreement;

 

     5.3  You authorise us to act on any Instructions we genuinely believe are given by you in accordance with this Agreement;

 

5.4  We are entitled to assume that any Instructions given via the Website or Mobile Application using your account details are from you. You are bound by any such Instructions.

 

5.5  As part of executing your Instructions, you will be charged brokerage by us at the rates we set, and any other applicable Fees and Charges in each case as specified on the Website and/or our mobile app. These Fees and Charges may change from time to time.

 

5.6  We do not guarantee that your Instructions will be executed:

 

     5.6.1  in full or in part;

 

     5.6.2  by a certain time; or

 

     5.6.3  at a particular price.

 

5.7  Collectively, though not exhaustively, the information referred to in clause 5 or any portion thereof, constitutes the “Instructions”.

 

51.8  Subject to clause 5, Instructions may be given by you at any time via the Trading Platform. Instructions sent by you by email, text message or any instant messaging feature we offer to you as part of the Trading Platform or our trading service, will not be accepted by us and will not be effective for the purposes of the Agreement.

 

5.9  We may, in our sole discretion, accept Instructions by telephone.  You may only give an Instruction by telephone with one of our authorised employees during our normal hours of trading.  Our normal hours of trading are specified on our Website.

 

5.10  You authorise us to act on any Instructions received by us via the Trading Platform or via the telephone in accordance with clause 5.4 above using your Account Security Information. You indemnify us for any error made by you or an Authorised Person in providing us with Instructions or for any Instructions that are not received by us.

 

5.11  If you use our Trading Platform, you confirm and accept:

 

     5.11.1   you may be able to enter into Contracts at the Price quoted on the Trading Platform;

 

     5.11.2   all transactions must be completed using the Account Security Information allocated to you by us and valid entry of such login and password will constitute an authorisation by you to complete the Contract specified irrespective of whether the login and password are entered by an Authorised Person;

 

     5.11.3   you must ensure that the Account Security Information is kept secure and confidential. You must also ensure that each Authorised Person to whom a login and password is provided, will keep them secure and confidential. You will advise us immediately if you have any reason to believe that the login and passwords allocated to you have not been kept secure and confidential.

 

     5.11.4   you must ensure that no unauthorised person is able to use the Account Security Information. As part of this obligation you must ensure that each Authorised Person quits the Internet browser after using the Trading Platform.

 

     5.11.5   It is your responsibility to keep your Account Security Information confidential and to not disclose your Account Security Information to any other person. If you suspect that your Account Security Information is being used by an unauthorised person, you must notify our Client Management Team in writing immediately. You will be responsible for any and all losses, liabilities, actions, proceedings, claims, damages and/or costs resulting from or arising out of any act or omission by any person accessing your Account through your Account Security Information, whether or not you authorised such access.

 

     5.11.6   We may at any time acting reasonably and without Notice to you suspend, withdraw or deny access to the Trading Platform for any reason including but not limited to security, quality of service, failure by you to pay an amount when due or breach by you of any provision of this Agreement. If and while access is suspended we may, in our sole discretion (with or without notice):

 

          (a)   permit you to close any Open Positions but will not be entitled to enter into new Contracts; and

 

          (b)  close out your Open Positions at prices we consider fair and reasonable at that time, and to the extent permitted by law, you agree not to make any claim against us in this regard.

 

5.12  You must not:

 

     5.12.1  misuse the Trading Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful;

 

     5.12.2  attempt to gain unauthorised access to the Trading Platform or any server, computer or database connected to the Trading Platform;

 

     5.12.3  attack the Trading Platform including via a denial-of-service attach or a distributed denial-of-service attack.

 

     By breaching this provision, you may also commit a criminal offence.  We may report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing a client’s identity to them.  In the event of such a breach, your right to use the Trading Platform will cease immediately and without Notice.  We will not be liable for any loss or damage caused by a distributed denial-of-service attack, virus or other technologically harmful material that may infect your electronic devices and equipment.

 

5.13  We may, acting reasonably, accept or reject your Instruction at any time until the Instruction has been executed by us or we have acknowledged that your Instruction has been withdrawn.

 

5.14  We reserve the right to refuse to execute any new Instruction.  Where we refuse to execute an Instruction, we are not obliged to give a reason for our refusal or notify you that we have not created a Contract with you. Such situations may include, but are not limited to the following:

 

     5.14.1  Instructions are given outside of the specified Market Hours;

 

     5.14.2  an Event Outside Our Control has occurred;

 

     5.14.3  an Event of Default has occurred;

 

     5.14.4  you do not provide sufficient cleared funds or do not maintain sufficient funds in your Account to cover the cost of instructions (or any ancillary fees) to buy Securities before the Instruction is executed;

 

     5.14.5  we reasonably believe that your Instructions are unclear, ambiguous or incomplete;

 

     5.14.6  we believe that your Instructions breach (or may breach) this Agreement, any law, statutory requirements, or other regulatory requirements, including any Rules or regulations of the relevant Exchange.

 

     5.14.7  we may also cancel any Transaction or generally restrict your ability to trade Securities through your Account. We do not need to provide any reason for taking such action. We will notify you, as appropriate, of any such refusal or cancellation.

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