This is a Client Agreement (‘Agreement’) between the client and both Gold Carry Trade (Merchant, License Holder), (collectively hereinafter mentioned as “Company” or “Gold Carry Trade”) being registered companies organized under the laws of Republic of United Kingdom and Mauritius respectively, its successors and assigns, and therefore the party (or parties) executing this document. Gold Carry Trade requires a licensed Dealer in Securities at Mauritius.
In consideration of Gold Carry Trade agreeing to hold one or more accounts of the undersigned person or persons (hereinafter mentioned as “Trader” or “Client”) and providing services to the Client in reference to the acquisition and sale of exchange contracts, the Client agrees as follows: Gold Carry Trade isn’t to be required to simply accept the Client as a Client until all documentation required has been received by Gold Carry Trade, properly and fully completed by the Client. The Client has no right to cancel the Agreement on the idea that it’s a distance contract.
1. Client representations and warranties
The Client represents and warrants that: (a) The Client is of sound mind, majority and legal competence; and, (b) nobody aside from Client has or will have an interest in Client’s account(s); and, (c) The Client hereby warrants that no matter any subsequent determination to the contrary, Client is suitable to trade exchange contracts, and, (d) The Client isn’t now an employee of any exchange, any corporation during which any exchange owns a majority of the capital stock, any member of any exchange and/ or firm registered on any exchange, or any bank, trust, or insurance firm that trades an equivalent instruments as those offered by Gold Carry Trade, and within the event that the Client becomes so employed, the Client will promptly notify Gold Carry Trade via e-mail of such employment; and, (e) all the knowledge provided within the Gold Carry Trade Account Application (the “Application”) is true, valid, accurate and complete as of the date hereof and the Client will notify Gold Carry Trade promptly of any changes in such information, (f) the Client has read and fully understood the terms of the Agreements including the danger Disclosure;(g) all actions performed under this Agreement won’t violate the Law, the Applicable Regulations or any law, ordinance, charter, by-law or rule applicable to the Client or to the jurisdiction during which the Client is resident, or any agreement by which the Client is bound or by which any of the Client’s assets are affected, (h) the Client confirms that he / she has regular access to the web and consents Gold Carry Trade provides him/her with information, including, without limitation, information about amendments to the terms and conditions, costs, fees, the Operative Agreements, Policies and knowledge about the character and risks of investments by posting such information on the web site , (i) the Client funds and/or any Financial Instruments, which the Client may deliver to Gold Carry Trade up accordance with the terms of this Agreement aren’t in any direct or indirect way the proceeds of any criminality or used or intended to be used for terrorist financing; are owned by the Client and are freed from any lien, charge, pledge or other encumbrance or claim by any third party; (j) the Client will make use of the services and/or prices offered under this Agreement in straightness and, where applicable, acting in accordance with accepted market practice, (k) the Client will notify the corporate if at any stage during the course of this Client Agreement he becomes a Politically Exposed Presentence contract.
2. Authorization to trade
Gold Carry Trade will engage in exchange contracts transactions with Client in accordance with Client’s oral, written or electronic instructions. In reference to any Transaction the Client acts as Principal and not as Agent on behalf of any third party. This suggests that unless otherwise agreed, Gold Carry Trade will treat the Client as a Client for all purposes and therefore the Client shall be directly and fully liable for performing the obligations under each Transaction made by or on behalf of the Client. The Client authorizes Gold Carry Trade to rely and act on any Request, Instruction or other communication received from the Client which purports to possess been given by the Client or on behalf of the Client without further enquiry on a part of Gold Carry Trade on the authenticity, genuineness, authority or identity of the person giving or purporting to offer such Request, Instruction or other communication. The Client is going to be liable for and can be bound by all obligations entered into or assumed by Gold Carry Trade on behalf of the Client in consequence of or in reference to such Requests, Instructions or other communications.
3. Anti-money laundering procedures
The Client agrees to and acknowledges the following: a) biometric identification. to assist the govt fight the funding of terrorism and concealment activities, Gold Carry Trade is required to get, verify, and record information that identifies everyone who opens an account with Gold Carry Trade. When a Client opens an account, Gold Carry Trade is required to gather information like the following: 1) Client’s name; 2) date of birth; 3) permanent address; and 4) number. Gold Carry Trade may verify Client’s identifying information by performing a credit check or requiring Client to supply a government ID or other identifying documents. b) Monitoring. Gold Carry Trade may monitor the trading activity in accounts to research or identify concealment. c) PROHIBITED BANKS. Gold Carry Trade is prohibited from conducting business with the subsequent entities (“Section 311 entities”): Banco Delta Asia; VEF Banka; full-service bank of Syria; Syrian Lebanese Commercial Bank; Myanmar Mayflower Bank; Asia Wealth Bank; Any Burmese banking institution, including foreign branches; And any subsidiaries of the above entities. This suggests that the Client might not, directly or indirectly, deposit money into the Gold Carry Trade trading account from a neighborhood 311 entity. Nor may the Client, directly or indirectly, withdraw money from the Gold Carry Trade trading account to any Section 311 entity. If we become aware that any Section 311 entity is related to a Client’s Gold Carry Trade trading account, we’ll take appropriate steps to stop such access, including, where necessary, terminating the account.
The Client authorizes Gold Carry Trade or agents working on behalf of Gold Carry Trade to research Client’s credit standing and in connection therewith to contact such banks, financial institutions and credit agencies as Gold Carry Trade shall deem appropriate to verify information regarding Client. Client further authorizes Gold Carry Trade to research Client’s current and past investment activity, and in connection therewith, to contact such futures commission merchants, exchanges, broker/ dealers, banks, compliance data centers, and the other financial and investment institution as Gold Carry Trade shall deem appropriate. Client also acknowledges that Gold Carry Trade may provide information (e.g., negative account information of unsecured debts) regarding Client’s performance under this Agreement to those agencies.
5. Disclosure of monetary information
The Client represents and warrants that the financial information disclosed to Gold Carry Trade up the appliance is an accurate representation of the Client’s current economic condition. Client represents and warrants that in determining Client’s Net Worth, Gross Income, Total Assets and Liabilities were carefully calculated, Client represents and warrants that in determining the worth of Total Assets, the Client included cash and/ or cash equivalents, Government and Marketable securities, land owned (excluding primary residence), the cash value of life assurance and other valuable assets. Client represents and warrants that in determining the worth of Liabilities, Client included notes payable to banks (secured and unsecured), notes payable to relatives, land mortgages payable (excluding primary residence) and other debts. Client represents and warrants that Client has very carefully considered the portion of Client’s Total Assets Which Client considers to be venture capital. Client recognizes that venture capital is that the amount of cash Client is willing to place in danger and if lost wouldn’t, in any way, change Client’s lifestyle. Client agrees to inform Gold Carry Trade if the Client’s economic condition changes right away in such a way as to reduce Client’s Net Worth and/ or venture capital.
6. Account approvals and maintenance
Gold Carry Trade may reject the Client’s Application or close the Client’s account for any reason, at Gold Carry Trade’s sole and absolute discretion. Gold Carry Trade may require the Client to supply Gold Carry Trade with additional information or documentation so as for Gold Carry Trade to continue carrying Client’s account. Client acknowledges that Gold Carry Trade may, at any time in its sole and absolute discretion, restrict trading, disbursements or transfers. Gold Carry Trade can also charge inactivity fees, where there has been no trading activity on a Client’s account. More detailed information regarding Gold Carry Trade’s inactivity fees is out there on its website (FAQ Section).
Gold Carry Trade may amend, change, revise, add or modify the Agreement at any time. The foremost current Agreement is going to be posted to Gold Carry Trade’s internet site www.Gold Carry Trade.com. Client understands that this Agreement can’t be modified by any verbal statements or written amendments that Client seeks to form to the Agreement without written acceptance from the overall Counsel of Gold Carry Trade.
7. Security and confidentiality
The Client agrees and acknowledges that Client is that the exclusive owner and solely responsible, jointly and severally if applicable, for the confidentiality and protection of the Client’s account number(s) and password(s) that permits Client to put on-line orders and access to Gold Carry Trade’s electronic trading systems. If the Client fails to suit these clauses, then he or she is going to be responsible for the resulting loss. The Client further agrees that the Client is going to be fully liable for all activities including brokerage transactions that arise from the utilization of the Client’s account number(s) and password(s). The Client agrees to indemnify and hold Gold Carry Trade harmless from: if the other person utilizing the Client’s tip provides instructions to Gold Carry Trade which will be contrary to the Client’s instructions. The Client will immediately notify Gold Carry Trade up writing or by email of any loss, theft, or unauthorized use of the Client’s account number and/ or passwords.
8. No advice and no recommendations
The Client acknowledges that Gold Carry Trade doesn’t and cannot give investment, legal or tax advice or make trading recommendations. Client acknowledges that Gold Carry Trade makes no representations concerning the tax implications for treatment of exchange contracts. Client agrees that the Client may be a self-directed investor, and everyone orders entered are unsolicited and supported Client’s own investment decision or the investment decision of Client’s duly authorized representative. The Client agrees that neither Gold Carry Trade nor any of its employees could also be the Client’s duly authorized representative which the Client will neither solicit nor depend on Gold Carry Trade or any of its employees for any such advice. The Client understands that the Client is solely liable for all orders entered, including but not limited to trade qualifiers, the amount of trades entered, the suitability of any trade(s), investment strategies and risks related to each trade, and cannot hold Gold Carry Trade or any of its employees responsible for those investment decisions. The Client further understands that Gold Carry Trade doesn’t and cannot review the appropriateness or suitability of any transactions implemented or investment strategies employed in the Client’s account. Client hereby agrees to carry Gold Carry Trade and its officers, directors, employees, agents and affiliates harmless from any liability, financial or otherwise, or expense (including attorneys’ fees and disbursements), as incurred, as a result of any losses or damages. The Client may suffer with reference to any such decisions, instructions, transactions or strategies employed in the Client’s account by the Client or their duly authorized representative, or as a result of any breach by the Client of any of the covenants, representations, acknowledgments or warranties herein.
9. Trading recommendations
Gold Carry Trade may from time to time offer market news, commentary, charting and analysis, trading performance analytics, signals-based products or services and other trading support tools (“Trading Tools”). The Trading Tools are general in nature and don’t and cannot take under consideration the Clients’ personal objectives, financial situation or needs. Before working on a Trading Tool, the Client should consider its appropriateness, having reference to his/her personal objectives, financial situation and wishes. The Client acknowledges that: (i) any market recommendations and knowledge communicated to Client by Gold Carry Trade or by a person within the corporate , doesn’t constitute a suggestion to sell or the solicitation of a suggestion to shop for any exchange contract, such recommendation and knowledge , although based upon information obtained from sources believed by Gold Carry Trade to be reliable, could also be based solely on a broker’s opinion which such information could also be incomplete and should be unverified; and (iii) Gold Carry Trade makes no representations, warranties or guarantees on , and shall not be liable for , the accuracy or completeness of any such information or trading recommendation furnished to Client. Client acknowledges that Gold Carry Trade and/ or its officers, directors, affiliates, associates, stockholders or representatives may have an edge in or may shall buy or sell currencies, which are the topic of market recommendations furnished to the Client, which the market position of Gold Carry Trade or any such officer, director, affiliate, associate, stockholder or representative might not be according to the recommendations furnished to the Client by Gold Carry Trade. To the extent permitted by Applicable Laws, Client agrees to not hold Gold Carry Trade, its directors, officers, employees and agents responsible for losses or damages, including legal fees, which will arise, directly or indirectly, in whole or partially, from: (a) non-delivery, delayed delivery or the misdirected delivery of any Trading Tool, (b) inaccurate or incomplete content of any Trading Tool or (c) Client’s reliance on or use of the knowledge in any Trading Tool for any purpose.
10. Margins and deposit requirements
The Client shall provide and maintain margin in such amounts and in such forms as Gold Carry Trade, in its sole discretion may require. it’s the Client’s responsibility to make sure that the Client understands how a margin is calculated. Gold Carry Trade may change margin requirements at any time without prior notice. Gold Carry Trade retains the property to limit the quantity and/ or total number of open positions that the Client may acquire or maintain at Gold Carry Trade. Gold Carry Trade reserves the proper to shut any Client positions at any time that it deems necessary. Gold Carry Trade shall not be liable for any loss or damage caused, directly or indirectly, by any events, actions or omissions including but not limited to loss or damage resulting, directly or indirectly, from any delays or inaccuracies within the transmission of orders and/ or information thanks to a breakdown in or failure of any transmission or communication facilities. For instance, in volatile market conditions a call could also be delayed leading to the likelihood of a negative usable margin; a call may occur albeit positions are hedged, within the jurisdictions where hedging is permitted by law, thanks to currency conversion rate volatility or daily interest charges or credits. Client agrees and understands that his/her account is under Gold Carry Trade control. Gold Carry Trade may change Margin requirements at any time, without prior notice, and Gold Carry Trade may involve additional Margin at any time Gold Carry Trade believes that it’s prudent to try to do so. Gold Carry Trade may liquidate open Transactions or non-cash Margin in Client’s account if Client fails to satisfy a call or have a deficit balance. Gold Carry Trade may withdraw funds from Client’s account all of sudden to satisfy any payment obligations Client has got to Company, including for commissions and costs.
Gold Carry Trade may, in its sole discretion and all of sudden to the Client, offset the Client’s open positions, roll over the Client’s open positions into subsequent settlement period of time, or make or receive delivery on behalf of The Client upon any terms and by any methods deemed reasonable by Gold Carry Trade, in its sole discretion. Terms and/ or methods for delivering, offsetting, or rolling over the Client’s open positions may differ on a Client-by-Client basis, at Gold Carry Trade’s sole discretion. Any positions held in the Client’s account at 5PM EST could also be rolled over to subsequent settlement date and the Client account could also be debited or credited for the interest differential for the rollover period.