Individual Client Agreement: 22 de Febrero de 2022 Triman Adi Pakilaran
Individual Client Agreement: 22 de Febrero de 2022 Triman Adi Pakilaran
Individual Client Agreement: 22 de Febrero de 2022 Triman Adi Pakilaran
The present Individual Client Agreement (the “Agreement”) is entered into as of the day
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22 de febrero de 2022 between GNT Capital, Ltd. (GNT CAPITAL) and
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Triman Adi Pakilaran (“Client”).
WHEREAS, GNT CAPITAL is a dealer who is able to purchase or sell, by or for itself or as a
broker, Contracts For Difference on Equities, ETF, Futures and Forex on the aforementioned
contracts (collectively, “CFD’s”) on Equities, Futures, Currency and any similar instruments
(collectively referred to as OTC “Contracts”),; NOW, THEREFORE, in consideration of GNT
CAPITAL, or any of its affiliates, agreeing to carry one or more accounts of the undersigned and to
provide services to Client in connection with the purchase and sale of CFD’s which may be
purchased or sold by or through GNT CAPITAL for Client’s accounts(s), Client agrees as follows:
1. ESTABLISHMENT OF ACCOUNT
Client understands, acknowledges and agrees that by executing this Agreement, and
subject to the terms and conditions of this Agreement, an account will be established in the
Client’s name at GNT CAPITAL, Limited, or any GNT CAPITAL affiliate (collectively “GNT
CAPITAL”), that GNT CAPITAL, in its sole discretion, may elect. Client further
acknowledges that, subject to the terms and conditions herein, GNT CAPITAL shall act as
counterparty to all transactions conducted under this Agreement.
2. AUTHORIZATION TO TRADE
GNT CAPITAL is hereby authorized to purchase and sell OTC Contracts for Client’s
account(s) in accordance with Client’s oral, written or electronic instructions. Unless
instructed by Client to the contrary in writing, GNT CAPITAL is authorized to execute all
orders with itself as counterparty or with such other counterparties as GNT CAPITAL
deems appropriate.
All transactions under this Agreement shall be subject to the constitution, bylaws, rules,
regulations, customs, usage, rules and interpretations of the counterparty institution or
other inter-bank market (and its clearing organization, if any) where executed and to all
applicable laws of St. Vincent and the Grenadines. If any statute shall hereafter be
enacted or any rule or regulation shall hereafter be adopted by any governmental
authority, which shall be binding upon GNT CAPITAL, this Agreement shall be deemed
modified or superseded, as the case may be, by the applicable provisions of such
statute, rule or regulation, and all other provisions of this Agreement and provisions so
modified shall in all respects continue in full force and effect.
Client acknowledges that all transactions under this Agreement are subject to
the aforementioned regulatory requirements.
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4. MARGIN AND DEPOSIT REQUIREMENTS
Client shall deposit with GNT CAPITAL collateral or margin in such amounts that GNT
CAPITAL, in its sole discretion, may require. Margin requirements will vary dependent on
the electronic trading system and products traded. GNT CAPITAL may change margin
requirements at any time.
Client agrees to deposit by immediate wire transfer such additional margin when and as
required by GNT CAPITAL and will promptly meet all margin calls by such methods as
GNT CAPITAL in its sole discretion designates. GNT CAPITAL may at any time proceed
to liquidate.
Client’s account in accordance with paragraph 10 below, and any failure by GNT
CAPITAL to enforce its rights hereunder shall not be deemed a waiver by GNT CAPITAL
to enforce its rights thereafter. No previous collateral or margin requirement by GNT
CAPITAL shall preclude GNT CAPITAL from increasing that requirement without prior
notice. Margin calls are conclusive and binding unless objected to immediately in writing.
Client understands that a margin call may occur even in instances where account
positions are hedged, given spreads may widen as set forth in paragraph 7 herein,
causing remaining margin to diminish. Should remaining margin be insufficient to maintain
open positions, the account may sustain a margin call, closing out any open positions in
the account.
GNT CAPITAL retains the right to limit the amount and/or total number of open positions
that Client may acquire or maintain at GNT CAPITAL. GNT CAPITAL reserves the right to
refuse to accept any order. GNT CAPITAL does not guarantee any or all profits resulting
from trading entered into the system(s) of GNT CAPITAL, including but not limited to,
profits realized during perceived normal market conditions, extraordinary events or system
malfunctions. GNT CAPITAL shall not be responsible for any loss or damage caused,
directly or indirectly, by any events, actions or omissions beyond the control of GNT
CAPITAL including, without limitation, loss or damage resulting, directly or indirectly, from
government restrictions, war, strikes, labor disruptions and terrorist acts. GNT CAPITAL
shall not be liable for damages, including lost profits or trading losses caused by delays or
inaccuracies in pricing or the transmission of orders or information due to a breakdown in
or failure of any transmission or communication facilities, unauthorized access, theft or
systems failures. Client understands GNT CAPITAL is authorized to reclaim any trading
profits Client obtains through the trading of delayed or inaccurate pricing.
Client understands and agrees that he/she will not enter into transactions for purposes of
scalping, arbitrage or to intentionally exploit or manipulate any inaccuracy, regardless of
how minor, major, obvious or unobvious, in any rate or pricing offered by GNT CAPITAL
whether through the usage of scripts, codes, electronic advisors, software or any other
form of computer program or manual trading.
GNT CAPITAL defines scalping as any transaction which remains open for a period of
less than three minutes in duration. Client understands GNT CAPITAL is authorized to
retroactively cancel transactions found, in GNT CAPITAL sole discretion, to be
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transactions entered into in order to exploit or manipulate pricing by means as set
forth within this Section.
GNT CAPITAL is then authorized to reclaim any trading profits Client obtains through
the entering of transactions for purposes of scalping, arbitrage or intentional exploitation
of inaccuracies of rates/ pricing offered by GNT CAPITAL. Client acknowledges and
understands that GNT CAPITAL does not guarantee the execution of orders at specific
prices, including conditional orders such as stops and/or limits, specifically at times of
increased volatility or volume, including market news announcements, due to gapping
markets, greyed out pricing, and market liquidity.
Client understands and agrees that should they receive off-market prices, for any reason,
including but not limited to, delays, malfunctions or manual trading errors, GNT CAPITAL
shall retroactively cancel such trades and may elect to leave such trades canceled or
reopen such trades at the correct market price, Client understands that orders received
during instances of increased market volatility will be filled at the next best price available
or the fair market value.
Client acknowledges that due to such risks, GNT CAPITAL encourages clients to utilize
market orders rather than conditional orders, as market orders are provided with a requote
and allow Clients to accept or reject the new price.
Client agrees that GNT CAPITAL is not responsible for any loses, including margin calls,
which occur as a result of conditional orders being filled during a gapping market or
orders being filled at certain prices as a result of greyed out pricing and/or limitations in
market liquidity.
7. WIDENED SPREADS
Client understands and acknowledges that there may be instances where spreads widen
beyond the typical spreads offered. During volatile markets, such as news
announcements, spreads may widen substantially in order to compensate for increased
market volatility. Client is advised to utilize extreme caution when trading during
increased volatility in the markets, including major news events, as widened spreads can
adversely affect all positions in an account including hedged positions.
GNT CAPITAL is authorized, in its absolute discretion, to rollover or offset all or any
portion of positions maintained in CFD’s on currencies within Client’s Account(s),
maintained on any electronic trading platform at Client’s risk. A position carried forward
may be credited or debited interest charges until the position is closed. All CFD’s on
Futures are not rolled over at contract expiration. GNT CAPITAL shall close all positions at
expiration of Futures contracts and client may, at his/her sole discretion, elect to purchase
a new contract. At its discretion, GNT CAPITAL may elect to offer Client an interest free
account whereby positions carried forward will not be credited or debited interest charges.
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Client agrees and acknowledges that such interest free terms shall be granted by GNT
CAPITAL only as a GNT CAPITAL shall have the authority to, at its own discretion, elect
to retroactively cancel such interest free term and account activity after making
determinations of the lack of authenticity of such representations, including determining
that Client is maintaining interest bearing accounts elsewhere. GNT CAPITAL is
authorized to cancel all trading activity of such account since inception following its
determination and will return the original deposit(s) to Client.
All funds, securities, currencies, and other property of Client that GNT CAPITAL or its
affiliates may at any time be carrying for Client (either individually, jointly with others or as
a guarantor of the account of any other person) or which may at any time be in its
possession or control or carried on the books of GNT CAPITAL for any purpose, including
safekeeping, are to be held by GNT CAPITAL as security and subject to a general lien
and right of set-off for all obligations and liabilities of Client to GNT CAPITAL whether or
not GNT CAPITAL has made advances in connection with such securities, currencies or
other property, and irrespective of the number of accounts Client may have with GNT
CAPITAL. GNT CAPITAL may in its discretion, at any time and from time to time, without
notice to Client, apply and/or transfer any or all funds or other property of Client between
any of Client’s accounts. Client hereby also grants to GNT CAPITAL the right to pledge,
re-pledge, hypothecate, invest or loan, either separately or with the property of other
Clients, to itself as broker or to others, any securities or other property of Client held by
GNT CAPITAL as margin or collateral. GNT CAPITAL shall at no time be required to
deliver to Client the identical property delivered to or purchased by GNT CAPITAL for any
account of Client. Should Client take delivery of currencies through settlement of trades,
GNT CAPITAL is obliged to make full payment for the delivery on 24 hours notice. If the
balance in the Client’s account is not adequate to pay for the delivery, the depository
receipts held in the name of Client or GNT CAPITAL, as Client’s agent or nominee,
become property carried on margin in the Client’s account, since they are not fully paid for
by Client. This authorization shall apply to all accounts carried by GNT CAPITAL for Client
and shall remain in full force until all accounts are fully paid for by Client or notice of
revocation is sent by GNT CAPITAL.
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a. satisfy any obligation Client may have to GNT CAPITAL, either directly or by
way of guaranty of surety, out of any of Client’s funds or property in its
custody or control,
b. sell or purchase any or all Contracts, securities or property held or carried for
Client, and
c. cancel any or all outstanding orders or contracts, or any other commitments
made on behalf of Client.
Any of the above actions may be taken without demand for margin or additional margin,
without prior notice of sale or purchase or other notice to Client, Client’s personal
representatives, heirs, executors, administrators, trustees, legatees or assigns and
regardless of whether the ownership interest shall be solely Client’s or held jointly with
others. In liquidation of Client’s long or short positions, GNT CAPITAL may, in its sole
discretion, offset in the same settlement or it may initiate new long or short positions in
order to establish a spread or straddle which in the sole discretion of GNT CAPITAL may
be advisable to protect or reduce existing positions in a Client’s account.
Any sales or purchases hereunder may be made at GNT CAPITAL discretion with any
inter-bank or other market where such business is then usually transacted or at a public
auction or private sale, and GNT CAPITAL may purchase the whole or any part thereof
free from any right of redemption. Client shall at all times be liable for the payment of any
deficit balance in Client’s account(s) upon demand by GNT CAPITAL and in all cases,
Client shall be liable for any deficiency remaining in Client’s account(s) in the event of the
liquidation thereof in whole or in part by GNT CAPITAL or by Client. In the event the
proceeds realized pursuant to this authorization are insufficient for the payment of all
obligations and liabilities of Client owed to GNT CAPITAL, Client shall promptly pay upon
demand, the deficit together with interest thereon at a rate equal to three points above
the then prevailing prime rate at GNT CAPITAL principal bank or the maximum interest
rate allowed by law, whichever is lower.
Client agrees to pay and shall be liable for all reasonable costs and expenses of collection,
including but not limited to, attorney’s fees, witness fees and travel expenses. In the event
GNT CAPITAL incurs expenses other than for the collection of deficits, with respect to any
of Client’s account(s), Client agrees to pay such expenses.
Transaction confirmations of orders and statements of account s for Client and made
available solely online, shall be deemed correct and accurate and shall be conclusive
and binding upon Client if not objected to immediately to by Client, in writing to, within
five (5) business days of such activity being reviewable online. Failure to object shall be
deemed acceptance and ratification of all actions taken by GNT CAPITAL or GNT
CAPITAL agents. Client’s failure to receive a transaction confirmation shall not relieve
Client of the duty to inquire of GNT CAPITAL and to object as set out herein.
Client agrees to pay all charges relating to the CFD transactions conducted by or through
GNT CAPITAL, including without limitation commissions, markups, markdowns,
transaction fees, transfer and cancellation charges, and inactive account fees. GNT
CAPITAL may adjust its charges without notice. All such charges shall be paid by Client
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as incurred and deducted from Client’s account. GNT CAPITAL may share such
commissions or markups and markdowns with third parties. Transaction fees are accessed
per trade on certain trading platforms. Funded accounts which remain inactive for a period
of six (6) months will be charged an inactive account fee of $50.00 USD. GNT CAPITAL
failure to charge any such fees does not waive or invalid its right to deduct such fees in the
future.
GNT CAPITAL will not be responsible for delays in the transmission of orders due to a
breakdown or failure of transmission or communication facilities, electrical power outage or
for any other cause beyond GNT CAPITAL control or anticipation. GNT CAPITAL is not
responsible for loss of profits or general losses or other adverse affects realized by Client
accounts as a result of the cancellation of interest free terms pursuant to Section 8 herein,
gapping markets, re-pricing or instances of increased volatility in the markets. GNT
CAPITAL shall only be liable for its actions directly attributable to gross negligence, willful
default or fraud on the part of GNT CAPITAL. GNT CAPITAL shall not be liable for losses
arising from the default of any agent or any other party used by GNT CAPITAL under this
Agreement. Since over-the-counter Contracts are not traded on an exchange, the prices at
which GNT CAPITAL is willing to deal or the quotes published by GNT CAPITAL.
Client acknowledges and agrees that he/she is required to submit copies of unexpired
government issued identification and address verification documentation to GNT CAPITAL
with a signed copy of this Agreement. Client further agrees that GNT CAPITAL has the
authority to delay, cancel or otherwise postpone trading or the depositing/withdrawing of
funds, regardless of amount, until Client has provided copies of unexpired government
issued identification and/or address verification documentation as required. After receipt of
such documentation, GNT CAPITAL reserves the right to request additional
documentation in order for GNT CAPITAL to adequately verify the Client(s) identity. Client
understands that failure to provide such documentation shall authorize and obligate GNT
CAPITAL to report such to applicable government agencies.
A. any profit or loss arising as a result of a fluctuation in the exchange rate affecting
such currency will be entirely for the risk and account of Client;
B. all deposits for margin purposes if made in currency other than U .S. Dollars may be
converted to U .S. Dollars, in such amounts as GNT CAPITAL may in its sole
discretion require; and
C. GNT CAPITAL is authorized to convert funds in Client’s account for margin into and
from such foreign currency at a rate of exchange determined by GNT CAPITAL in its
sole discretion on the basis of the then prevailing money market rates.
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16. RISK ACKNOWLEDGMENT
B. no person other than Client has or will have an interest in Client’s account(s),
D. Client confirms that all funds deposited to his/her account are the property of
the account owner and of no other person or entity,
Client represents and warrants to GNT CAPITAL that the financial information disclosed to
GNT CAPITAL in this document is an accurate representation of Client’s current financial
condition and that Client has very carefully considered the portion of the Client’s assets
which the Client considers to be risk capital available for investment in Contracts. Client
recognizes that risk capital is the amount of money Client is willing to put at risk and if lost
would not, in any way, change Client’s lifestyle. Client agrees to inform GNT CAPITAL
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immediately if Client’s financial condition changes in such a way as to reduce Client’s
net worth, liquid assets and/or risk capital.
Upon receipt of a request to withdraw funds from a GNT CAPITAL trading account,
including withdrawals as a result of a request to close an account, GNT CAPITAL is
authorized to perform a review of all account activity to ensure trades were settled
properly. Improperly settled trades shall include, but not be limited to, trades that were
executed: during platform or related hardware malfunctions; trades executed at off-market
pricing rates regardless how such pricing was obtained and including bad ticks and trades
executed during extreme market conditions, including acts of gods or similarly executed
trades completed during abnormal market conditions. If GNT CAPITAL, in its sole
discretion, determines that any trade(s) were settled improperly GNT CAPITAL is
authorized to retroactively cancel such improperly settled transactions and adjust account
equity based off of such cancellations prior to completing any withdrawal. If, during such a
settlement review, GNT CAPITAL is authorized to cancel any applicable executed trades
and adjust client equity prior to completing any such withdrawals or collect uncharged
overnight interest, swaps prior to completing any withdrawals should it determine, in its
sole discretion, that trades completed within such an account: violate any agreed upon
term, condition, warranty or representation herein, including but not limited to those of
Section 6 and Section 8; Client has utilized such a trading account to defraud GNT
CAPITAL of promotional bonus funds by mirroring all activity therein with an offsetting
secondary trading account, regardless of what name(s) such secondary trading account is
held in; or Client account has been credited commissions earned from excessive churning
of third party accounts of which Client has been granted trading authorization through a
limited power of attorney.
If this account is held by more than one person, all of the joint and beneficial holders are
jointly and severally liable to GNT CAPITAL for any and all obligations arising out of all
transactions in the account and each agree to be bound by all the terms and conditions
of this Agreement. In addition, each person named on this account has authority:
GNT CAPITAL, nevertheless, has the authority to require joint action by the parties to the
account in matters relating to the account. GNT CAPITAL has possession over the
collateral in the account, whether owned by the holders individually or jointly. If a death
occurs to one or more of the holders, GNT CAPITAL shall be notified in writing and shown
proof of a death certificate. All expenses due at the date of notification shall be charged to
the account. Unless the Account Application Form for Joint Account states otherwise, then
each holder is presumed to have an equal share in the account.
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21. NO WAIVER OR AMENDMENT
This Agreement and the rights and obligations of the parties hereto, and any judicial or
administrative action or proceeding or arbitration arising directly or indirectly hereunder, or
in connection withthe transactions contemplated hereby, whether brought by Client or GNT
CAPITAL, shall be governed by the laws of St. Vincent and the Grenadines, without
reference to its conflicts of laws principles.
23. JURISDICTION
Any dispute, controversy or claim which may arise out of or in connection with this
Agreement, or the execution, breach, termination or invalidity thereof, shall be settled by
the International Commercial Arbitration Court at the Chamber of Commerce and
Industry of the St. Vincent and the Grenadines in accordance with its Rules. The
language to be used in the arbitral proceedings shall be English and the place of
arbitration shall be St. Vincent and the grenadines The arbitral tribunal shall consist of no
more than three (3) arbitrators and all proceedings shall be conducted and decision
rendered based solely on the submission of documents and other such materials. No oral
hearings or oral arguments shall be held. Client hereby waives the right to have such
proceeding transferred to another jurisdiction. No arbitration hereunder or relating to this
Agreement, shall be brought by Client more than one year after the date of the
transaction giving rise to the cause for arbitration regardless of when Client discovers the
facts relating to the cause for arbitration.
24. TERMINATION
This Agreement shall continue in effect until termination and may be terminated by Client
at any time when Client has no obligations held by or owed to GNT CAPITAL, upon the
actual receipt by GNT CAPITAL at its office of a written notice of termination, or at any
time whatsoever by GNT CAPITAL upon the transmittal of written notice of termination of
any obligations set out in this Agreement. Termination by Client shall not relieve Client of
the obligation to pay any deficit balance in the account.
25. INDEMNIFICATION
Client agrees to indemnify and hold GNT CAPITAL, its affiliates, subsidiaries, employees,
agents, successors and assigns harmless from and against any and all liabilities, losses,
damages, costs and expenses, including attorney’s fees, incurred by GNT CAPITAL
arising out of Client’s failure to fully and timely perform Client’s agreements herein or
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should any of Client’s representations and warranties to GNT CAPITAL fail to be true and
correct. Client also agrees to pay promptly to GNT CAPITAL all damages, costs and
expenses, including attorney’s fees, incurred by GNT CAPITAL in the enforcement of any
of the provisions of this Agreement and any other agreements between GNT CAPITAL
and Client.
26. NOTICES
Client agrees and acknowledges that all notice requirements set forth therein, shall be
satisfied by GNT CAPITAL through the sending of any notification to the email
address submitted with this Agreement by the Client.
Client agrees and acknowledges that all conversations may be recorded. Conversations
relating to the account(s) between Client and GNT CAPITAL personnel may be
electronically recorded with or without the use of an automatic tone warning. Client further
agrees to the use of such recordings and transcripts thereof as evidence by either party in
connection with any dispute or proceeding that may arise involving Client or GNT
CAPITAL. Client understands that GNT CAPITAL destroys such recordings at regular
intervals in accordance with GNT CAPITAL established business procedures and hereby
consents to such destruction.
Only you can make the determination of whether trading Contracts for Difference is
suitable for you. In light of the information that you have provided above, GNT CAPITAL
requires that you carefully consider all of the risk associated with such investments. Many
but not all of these risks are outlined in the Risk Disclosure Statement of the Client
Agreement.
If, in the past, the only forms of investing strategies that you have pursued have been
conservative in nature, then GNT CAPITAL encourages you to perform additional due
diligence and research prior to making any investment. You must recognize that onlky risk
capital is suitable for such investing. If you have determined that trading is suitable for
you, then please execute the acknowledgement below.
ACKNOWLEDGMENT
I have carefully considered the financial risk involved in trading Contracts for Difference, I
am willing to assume such risks associated with this type of investment, and wish to
proceed with opening an account.
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PRIVACY POLICY NOTICE
Global Next Trade Capital Limited (“GNT CAPITAL”) believes that the privacy and security of
an individual’s personal financial information is important. Our most valued assets are our
relationships with our Customers, and, therefore, we take your privacy concerns very seriously.
We apply the following policies with respect to all of our customers who are individuals, even
though we are only required to apply them to individuals who use our services for personal,
family or household purposes.
1. INFORMATION COLLECTION
To serve our customers better, GNT CAPITAL collects certain financial information on our
customers. In the case of individuals, GNT CAPITAL may collect nonpublic personal financial
information about you from the following sources:
Carefully read this agreement in its entirety and sign where applicable. The Client
Agreement, and all sub-parts, will be your contract with GNT CAPITAL and will govern
the relationship between you and GNT CAPITAL. This document also contains
important disclosures, relating to the risks associated with trading the products
available through GNT CAPITAL. You MUST read these disclosures carefully. If you
have any questions please contact your GNT CAPITAL representative.
Transaction History : Information about your transactions with GNT CAPITAL, with our
affiliate(s) and with nonaffiliated third parties in connection with opening or servicing
your account, such as bank references.
2. INFORMATION DISCLOSURE.
GNT CAPITAL does not disclose any of your nonpublic personal information to nonaffiliated
third parties except as permitted by law and except as permitted under the terms and
conditions agreed to in your Client Agreement. The law permits disclosure of your nonpublic
personal information to nonaffiliated third parties in certain situations generally with respect
to effecting, administering, enforcing, or servicing a transaction or financial product that you
request or authorize. From time to time, GNT CAPITAL and our affiliate(s) may share your
nonpublic personal information with one another in order for each of us to better serve you as
our customer. The nonpublic personal information that we may disclose to one another as
affiliates includes, but is not limited to:
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3. DISCLOSURE OF FORMER CUSTOMER INFORMATION
GNT CAPITAL does not disclose any nonpublic personal information of former customers,
except as permitted by law. Thus, should you close your account and become an
inactive/former customer, we will adhere to the measures delineated in this privacy policy.
4. INFORMATION SAFEGUARDS
GNT CAPITAL maintains physical, electronic and procedural safeguards to guard your
nonpublic personal information. As a result, only authorized employees who need to know
your information in order to provide you with products or services will have access to your
nonpublic personal information. We restrict the access of authorized employees to nonpublic
personal information for business purposes only. These safeguards are used by all GNT
CAPITAL affiliates.
If at any time in the future our privacy policy should change, we will give you advance notice of
the proposed policy change, before it is implemented, and will explain your legal right to opt out
of any such additional or changed disclosures.
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CONSENT TO DELIVERY OF STATEMENTS BY
ELECTRONIC MEDIA
Client hereby consents to have Client’s trade confirmations and account information available
on the Internet in lieu of having such information delivered to Client via mail or email. The
Client may revoke this consent and request the delivery of statements via email or mail,
however, Client understands that such a request may result in an additional fee and/or charge.
By receiving your account statements electronically, you agree to promptly review and
communicate to us any discrepancies on such statements. You acknowledge your statement is
deemed received when made available to you by GNT CAPITAL, regardless of whether you
actually accessed the statement. This consent shall be effective until revoked by you in writing
and received by Global Next Trade Capital Limited. By your signature below, you represent
that the delivery and execution of this consent has been duly authorized and are within your
powers.
All account statements and other information transmitted electronically shall be conclusive and
binding upon you unless you object in writing or by electronic communication immediately upon
receipt thereof.
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ONLINE SERVICES AND ELECTRONIC TRADING
AGREEMENT
Any person or organization accessing or attempting to access the online or electronic trading
services of Global Next Trade Capital Limited or any affiliate of Global Next Trade Capital
Limited, (referred to herein as “GNT CAPITAL”) must first agree to the terms of this
agreement. Such services shall include all statement reviews, new account origination,
internet trading and electronic order entry and reports, market, trading and general
information, including quotes, charts, news, and systems information, all clearing and back
office functions and services, all software provided by GNT CAPITAL to user (“software”), the
GNT CAPITAL web site, as well as any other services that may be added from time to time
(“collectively referred to herein as “the systems”). This agreement shall apply to any person or
organization who accesses or attempts to access the systems, as well as any person or
organization who benefits from such use, including but not limited to, users who benefit from
the use of the systems by brokers acting on their behalf (“user”). All limitations of liability and
disclaimers contained herein shall apply to the systems regardless of whether or not the
systems or any part thereof, was developed or is serviced or supported by GNT CAPITAL.
Use of the systems or user’s signed acknowledgment, indicates user’s unqualified acceptance
of all of the terms if this agreement. If user finds this agreement unacceptable, it shall not use
the systems. GNT CAPITAL is willing to provide the systems to user only if user agrees to be
bound by the following terms:
1. Some of the information available on the Systems will be provided by GNT CAPITAL,
and some will be provided by various independent sources (“Information Providers”).
User acknowledges that the accuracy, completeness, timeliness, and correct
sequencing of the information concerning User’s trading and account activity, the
quotes, market and trading news, charts, trading analysis and strategies, and other
information that may be added from time to time (collectively referred to as the
“Information”), is not guaranteed by either GNT CAPITAL or the Information
Providers. User agrees that in no event shall GNT CAPITAL, any of its affiliates, or
the Information Providers, have any liability for the accuracy, completeness, timeliness
or correct sequencing of the Information, or for any decision made or taken by User in
reliance upon the Information or the Systems, or for any interruption of any Information
provided by the Systems, or for any aspect of the Systems. In addition, some of the
Information may be supplied by exchanges through Information Providers, and this
material is for informational purposes only. The exchanges do not represent that the
Information selected for display is comprehensive, complete, certified or accurate; do
not intend to, and do not, in any country, directly or indirectly, solicit business or offer
any contract to any person through the medium of this Information; or accept any
responsibility or liability for enabling the user to link to another site on the World Wide
Web, for the contents of any other site, or for any consequence which results from
acting upon the contents of another site.
2. User understands that technical problems or other conditions may delay or prevent
User from entering or canceling an order on the Systems, or likewise may delay or
prevent GNT CAPITAL from executing or clearing an order on the Systems. Neither
GNT CAPITAL, nor any of its affiliates, shall be liable for, and User agrees not to hold
or seek to hold GNT CAPITAL, or any of its affiliates, liable for, any technical problems,
Systems failures and malfunctions, communication line failures, equipment or software
failures and malfunctions, Systems access issues, Systems capacity issues, high
Internet traffic demand or other Internet related problems, security breaches, theft and
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other unauthorized access, and any other similar computer problems and defects, as
well as severe weather, earthquakes, floods and strikes or other labor problems in
connection with the use or attempted use of the Systems. GNT CAPITAL does not
represent, warrant or guarantee that User will be able to access or use the Systems at
times or locations of User’s choosing, or that GNT CAPITAL will have adequate
capacity for the Systems as a whole or in any particular geographic location. GNT
CAPITAL does not represent, warrant or guarantee that the Systems will provide
uninterrupted and error free service. GNT CAPITAL does not make any warranties or
guarantees, express or implied, with respect to the Systems or its content, including
without limitation, warranties of quiet enjoyment, no infringement, title, merchantability
or fitness for a particular purpose, and merchantability for computer problems and for
informational content. GNT CAPITAL does not guarantee or warrant that the Systems
will be free from infection, viruses, worms, Trojan horses or other code that manifest
contaminating or destructive properties. Neither GNT CAPITAL, nor any of its affiliates,
shall be liable to User for any loss, cost, damage or other injury, whether in contract or
tort, arising out of or caused in whole or in part by GNT CAPITAL or User’s use of, or
reliance on, the Systems or its content, or in otherwise performing its obligations under
or in connection with this Agreement. In no event will GNT CAPITAL, or any of its
affiliates, be liable to User or any third party for any punitive, consequential, incidental,
special, indirect (including lost profits and trading losses and damages) or similar
damages, even if advised of the possibility of such damage. If some jurisdictions do not
allow the exclusion or limitation of liability for certain damages, in such jurisdictions the
liability of GNT CAPITAL shall be limited in accordance with this Agreement to the
extent permitted by law. GNT CAPITAL reserves the right to suspend service and
deny access to the Systems without prior notice during scheduled or unscheduled
Systems maintenance or upgrading.
3. User acknowledges that all orders placed through the Systems are at User’s sole risk.
User further acknowledges that User’s orders may be sent directly to the trading floors
of the various exchanges (or to an electronic trading Systems, if applicable), that there
may be minimum equity requirements and limits set by each contract as to the
maximum number of allowable contracts for orders processed through the Systems,
that current limits are subject to change, that contingency orders may not be accepted,
and that the online direct order placement service may be suspended on a contract’s
last trading day. User understands that orders that it sends directly to the trading floors
or an electronic trading Systems may be reviewed by an order desk, and if User fails to
meet the requirements, User’s order may be refused. User further understands that it
may be restricted from use of or refused access to the Systems at any time, and that
GNT CAPITAL reserves the right to require a margin deposit prior to the execution of
any order placed through the Systems, or as otherwise required by GNT CAPITAL
margin policy. In the event that there is a restriction on User’s account or that User fails
to make a margin deposit as required, neither GNT CAPITAL, nor any of its affiliates,
shall be responsible for any delay or failure to provide the Systems, including the ability
to execute an order.
4. Although the Systems may provide access to numerous recommendations about how
to invest and what to buy, none of these recommendations shall be deemed to be
endorsed by GNT CAPITAL. GNT CAPITAL does not recommend any investment
advisory service or product, nor does GNT CAPITAL offer aCy advice regarding the
nature, potential value, or suitability of any particular transaction or investment strategy.
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NOTHING IN THIS AGREEMENT SHOULD BE CONSTRUED AS A SOLICITATION
OR RECOMMENDATION TO BUY OR SELL ANY INSTRUMENT OR ENGAGE IN
ANY TRANSACTION.
5.
a. Upon approval of User’s account, GNT CAPITAL will provide User with an
individual password and user identification code (“Access Codes”). The
Access Codes are intended to enable User to access User’s account and to
enter buy and sell orders for User’s account through the Systems, and
therefore, User must maintain the confidentiality, and prevent the unauthorized
use, of the Access Codes at all times. User accepts full responsibility for the
use and protection of the Access Codes, which includes, but is not limited to,
all orders entered into the Systems using the Access Codes and changes in
User account information that are entered through use of the Access Codes.
User hereby authorizes GNT CAPITAL and any party claiming through GNT
CAPITAL to rely upon any information or instructions set forth in any data
transmission using the assigned Access Codes, without making further
investigation or inquiry, and regardless of the actual identity of the individual
transmitting the same, in connection with the operation of the Systems.
b. User accepts full responsibility for monitoring User’s account(s) with GNT
CAPITAL. In the event that User becomes aware of any loss, theft or
unauthorized use of User’s Access Codes, User shall notify GNT CAPITAL
IMMEDIATELY by email to compliance@ gntcapital.com.
c. GNT CAPITAL grants to User, and User accepts from GNT CAPITAL, a
nonexclusive and non-transferable license to use the Systems solely for the
purposes provided herein and subject to any other agreements in effect
between User and GNT CAPITAL. User agrees that it shall take reasonable
steps to protect, and shall not use, publish or disseminate, the information
made available or accessible through the use of the Systems, including without
limitation the Information, Access Codes, and Software, using methods at least
substantially equivalent to the steps it takes to protect its own proprietary
information, but not less than a reasonable standard, during the term of this
Agreement and for a period of five (5) years following the expiration,
termination, discontinuance or cancellation of this Agreement and shall prevent
the duplication or disclosure of such information, other than by or to its
employees who must have access to the information to perform User’s
obligations hereunder, provided that User shall make such employees aware of
the restrictions of this Section 5 and provided that User shall be solely
responsible for such information. Any and all materials that GNT CAPITAL
provides to User in connection with the Systems, including without limitation all
Information, Access Codes, and Software, together with all modifications and
revisions thereto, and all copyrights, trademarks, patents, trade secret rights
and other intellectual and proprietary rights, title and interest relating thereto
are the property of GNT CAPITAL, GNT CAPITAL licensor’s, its successors
and assigns, the Information Providers, or other third parties, and are intended
for User’s sole and individual use. User shall not reproduce, modify, prepare
derivative works of, retransmit, disseminate, sell or distribute such materials in
any manner without the express written consent of both GNT CAPITAL and the
relevant owner. In addition, User shall not permit any other person access to
the Systems. User further agrees not to delete any copyright notices or other
indications of protected intellectual property rights from materials that User
prints or downloads from the Systems. All such materials are provided “AS IS”,
without any warranty of any kind, whether express or implied, including
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warranties of merchantability, fitness for a particular purpose, non infringement
and title.
d. User agrees that its use of the Systems is at User’s own risk. User shall be
responsible for providing and maintaining the means by which it accesses the
Systems, which may include, without limitation, personal computer, modem and
telephone, or other access line. User shall be responsible for all access and
services fees necessary to connect to the Systems and assumes all charges
incurred in accessing the Systems. User further assumes all risks associated
with the use and storage of information on User’s personal computer.
e. User hereby assumes sole responsibility and liability for the accuracy and
adequacy of information entered in connection with the use of the Systems.
User shall indemnify and hold harmless GNT CAPITAL and its affiliates from
any and all consequential, incidental, special, punitive, or indirect damages
(including lost profits, trading losses and damages) resulting from, arising out of
or relating to such information, whether authorized or unauthorized. In the
event any inaccurate, incomplete or incorrect information relating to User is
communicated to GNT CAPITAL, whether or not through the Systems, or in the
event the User determines that the Systems includes inaccurate, incomplete or
incorrect information relating to User, User covenants that it shall notify GNT
CAPITAL IMMEDIATELY by email to cfd@gntcapital.com User also covenants
that it shall notify GNT CAPITAL IMMEDIATELY, as provided herein, if
i. an order has been placed through the Systems and User has
not received an order number;
ii. an order has been placed through the Systems and User has not
received an accurate acknowledgment (whether through hard copy,
electronic, or oral means) of the order or of its execution; or
iii. User has received acknowledgment (whether through hard copy,
electronic or oral means) of an execution for any order which User did
not place; or any other conflict similar to those stated herein. User
agrees and acknowledges that GNT CAPITAL shall be entitled to rely
upon any oral, written or electronic communications, whether in tangible
or intangible form, received from User, including from any of User’s
officers, partners, principals or employees.
f. User hereby covenants and agrees thatUser:
6. Shall use the Systems only for the purpose of placing orders for currency contracts and
precious metals contracts, receiving fills and for receiving on-line User statement
reviews and new User account origination. In addition, User shall not directly or
indirectly transact any business using the Systems with any of its affiliates; including,
without limitation, accepting or countering any offer made by any of its affiliates; and in
connection therewith, User agrees that GNT CAPITAL may take actions, determined in
its sole discretion, to prevent such transactions from occurring (but no such actions by
GNT CAPITAL shall relieve User of its obligations as described in this sentence);
7. Shall perform the obligations arising in connection with any transaction completed
using the Systems, in accordance with the terms and conditions of such
completed transaction.
a. User agrees to indemnify and hold GNT CAPITAL, its affiliates, and the
Information Providers harmless from and against any and all claims, demands,
proceedings, suits and actions, as well as all losses, liabilities, damages, costs
and expenses (including but not limited to attorneys’ fees) suffered by GNT
CAPITAL, resulting from or relating to any claims, proceedings, suits and
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actions against GNT CAPITAL arising from User’s violation of this Agreement
or any third party’s rights, including but not limited to copyright, proprietary and
privacy rights. GNT CAPITAL shall have the exclusive right to defend, settle or
compromise any claim or demand instituted by any third party against GNT
CAPITAL, or against GNT CAPITAL and User, arising out of User’s breach of
this Agreement. User hereby waives any and all rights User may have
independently to defend, settle or compromise any such claims or demands
and agrees to cooperate to the best of User’s ability with GNT CAPITAL with
respect thereto, but GNT CAPITAL may, in its sole discretion, authorize and
require User to defend, settle or compromise any such claim or demand as it
deems to be appropriate at User’s cost, expense and liability. This
indemnification and hold-harmless obligation shall survive the termination of
this Agreement.
b. GNT CAPITAL reserves the right to terminate User’s access to the Systems in
its sole discretion, without notice and without limitation, for any reason
whatsoever, including but not limited to, the unauthorized use of User’s Access
Codes and/or account number(s), breach of this Agreement, or breach or
termination of any agreements User has entered into with . Upon termination,
cancellation or discontinuance of this Agreement, all rights granted in this
Agreement will terminate immediately and revert back to , and User shall
discontinue use of the Systems, and if applicable, shall return or destroy, as
requested by , all software (including all copies thereof).
c. User agrees to pay all subscription, service, and user fees, if any, and
commissions, for any orders executed through the Systems, and agrees that
such fees may be changed without notice. User agrees to pay all costs
(including attorneys’ fees), if any, incurred by in collecting overdue fees from
User.
d. This Agreement is made in User’s personal capacity and not on behalf of any firm,
corporation or other entity, unless User’s account is designated as such. User
agrees to use the Information solely in connection with User’s investment
activities and not in connection with any trade or business activities.
e. All express or implied conditions, warranties or undertakings, whether oral or in
writing, in law or in fact, including warranties as to satisfactory quality and
fitness for a particular purpose, regarding the Information or any aspect of the
Systems (including but not limited to Information access and order execution),
are excluded to the extent permitted by law.
f. User agrees that may hold and process, by computer or otherwise, any
information it obtains pertaining to User as a result of User’s use of the
Systems (“Personal Data”), and may access and use such information for
operational purposes, credit assessment, statistical, including behavioral
analysis, and to identify and provide User with information concerning products
and services (including those supplied by third parties) which may be of interest
to User or . User agrees that may disclose Personal Data to licensed credit
reference agencies and to any of subcontractors, agents or Information
Providers where necessary to provide User with the Service, or in the event
that has the right or duty to disclose or is otherwise permitted or compelled to
do so by law. Personal Data will be deleted from the Systems as soon as is
reasonably possible after User ceases to use the Systems, subject to
applicable record keeping requirements. User’s Personal Data may be
electronically transmitted or transferred throughout the world. User may inspect
its Personal Data, and have incomplete or inaccurate information rectified.
These companies acting on our behalf are required to keep your personal
information confidential.
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By either signing this Agreement, or using the Systems, User represents that it has read and
understands the foregoing terms and conditions, and that User agrees to be bound by them.
This Agreement supple-ments any other agreements User has entered into with GNT
CAPITAL and disputes hereunder are subject to the terms of the Arbitration Agreement, if
executed by User. If any provision of this Agreement is invalid or unenforceable under
applicable law, such provision shall be, to that extent, deemed omitted, and the remaining
provisions shall continue in full force and effect. This Agreement and performance hereunder
will be governed by and construed in accordance with St. Vincent and the Grenadines law. The
terms and conditions of this Agreement shall remain in full force and effect and shall survive
termination, discontinuance or cancellation of this Agreement. GNT CAPITAL may modify the
Systems or change the terms of this Agreement, in whole or in part, upon notice through the
Systems, electronically and/or in writing.
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TERMS OF BUSINESS FOR FOREIGN
EXCHANGE TRANSACTIONS
These terms and conditions set out the basis on which GNT CAPITAL (“Global Next Trade
Capital Limited” or us) will enter into spot and forward foreign exchange transactions
(“Transactions”) with you (the “Client”) for delivery of currencies by electronic transfer.
General Information:
GNT Capital, Ltd is incorporated in St. Vincent and the Grenadines (company number:
24531IBC2018) and is established at February 9, 2018; Beachmont, Kingstown, St. Vincent
and the grenadines.
We are registered as a Dealing In securities (licensing) Act (CAP.70) with the company number
24531IBC2018 and are supervised by St. Vincent and the Grenadines Financial Services
Authority.
1. INTERPRETATION
The definitions and rules of interpretation in this clause apply in these terms and conditions
as follow:
«Account» means the bank account notified by you to us into which any sums due from us to
you pursuant to any Order will be paid.
«Business Day» means a day when the clearing banks in the City of London are open for
business, excluding Saturday, Sunday and public holidays.
«Client Money» means money held by Global Next Trade Capital Ltd on your behalf and
which money will be held in a designated Client account, segregated from GNT CAPITAL
money and will not be used by GNT CAPITAL in the course of its business save for as
specifically set out in these terms and conditions.
«Client Nominated Account» means the bank account nominated by us from time to time
into which the Sale Currency will be paid.
«Contract» means the individual Orders which have been accepted by us.
«Contract Note» means our written document setting out the details of an Order that will
be sent to you following Order Confirmation.
«Forward Trade» means a transaction where the Value Date is later than five Business Days
after the instruction.
«Good-Till-Cancelled» (GTC) specifies a limit order that stays on our books until executed.
«Margin» means the deposit or advance payment required by us from you in advance of
each Forward Trade.
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«Margin Call» means request by us to you to provide additional amounts (not exceeding the
full amount of the Sale Currency) as we may reasonably require on account to cover
adverse exchange rate movements between the date of the Contract and the Value Date.
«Margin Nominated Account» means the bank account nominated by us from time to time
into which the Margin will be paid.
«Order» means the Client’s oral, electronic or written instruction for us to perform a Trade
on your behalf.
«Order Confirmation» occurs when we confirm the details of the Order to you by telephone or
electronically or in writing.
«Sale Currency» means the sums in a designated currency payable by you to us in respect of
a Trade including, without limitation, any Margin or Margin Call.
«Spot Trade» means a transaction where the purchase or sale of a foreign currency, financial
instrument, or commodity for instant delivery on a specified spot date.
«Stop Loss order» means an order that becomes a firm Order if and when a
specified currency sells at or below the specified stop price.
«Trade» means each transaction to purchase and deliver currency for you.
«Value Date» means the date of delivery to you of the currency purchased by you. Value Date
is five Business Days after the date of instruction
«Website» means the website identified in clause 3.5 below, owned and managed by GNT
Capital, Ltd through which a Client will be able to access the Online System and the Services.
2. SERVICES
2.1 We will provide facilities for you to buy and sell currency.
2.2 Once a Contract has been entered into, and whether or not a Contract Note has been
issued, it cannot be altered, cancelled or rescinded.
2.3 When making an Order or entering into any Contract you rely solely on your own
judgment. If we provide you with information concerning any matter including (without limit) the
foreign exchange markets, it is on a voluntary basis and we do not accept responsibility for the
accuracy or completeness of such information or assume any duty of care in relation to it.
2.4 We may at our absolute discretion refuse any Order without giving any reason and
without liability for any loss or damage incurred by you or any other party.
2.5 We will not transfer to you any funds representing the benefit of any fluctuation in
currency arising after a Contract has been entered into as this may be outside commercial
purposes and, if so, unlawful.
2.6 In entering into a Contract under these terms and conditions, you understand that:
2.6.1 late arrival of funds may result in next day or deferred delivery;
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2.6.2 any forward contracts will be subject to daily margin requirement;
2.6.5 we will only accept payment directly from Client authorized and approved bank accounts
unless otherwise specified and agreed with us.
2.7 We do not offer advice under these terms and conditions on any matter including
(without limit) the merits or otherwise of any currency transactions, on taxation, or markets.
3. ONLINE SERVICES
General
3.1 This aspect of the Service is available to Clients wanting to trade on the Electronic
Platform through our Website (the “Online System») or such other platform) we may elect for
our clients to use as notified in writing to you from time to time.
3.2 This Service may only be used by persons aged 18 years and older.
3.3 Upon GNT CAPITAL’s approval of your request to access this Service, GNT Capital, Ltd
grants to you (and your authorized users) a non-exclusive non-transferable licence to use the
Online System to access the Services.
3.4 You acknowledge that due to the nature of the internet and electronic communication, there
is a risk that communications may not operate free from error or interruption. We shall not be
liable for:
3.4.2 for any losses or delays in the transmission of instructions to the Service caused by any
ISP or software failure or
3.4.3 for any breaches of security of the Service beyond our reasonable control.
3.5 Access to the Online System via www.gntcapital.com is permitted on a temporary basis,
and we reserve the right to withdraw or amend the service we provide on our Website
without notice. We will not be liable if for any reason the Online System is unavailable at any
time or for any period.
3.6 From time to time, we may restrict access to some parts of our Website, or our entire
Website and therefore to the Online System, to users who have registered with us.
3.7 If you choose, or you are provided with, a user identification code, password or any other
piece of information as part of our security procedures in accessing the Online System, you
must treat such information as confidential, and you must not disclose it to any third party.
You will also take all reasonable measures to ensure that your account is not accessed using
such information in an unauthorized manner. We have the right to disable any user
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identification code or password, whether chosen by you or allocated by us, at any time, if in our
opinion you have failed to comply with any of the provisions of these terms and conditions.
3.8 You are responsible for making all arrangements necessary for you to have access to
our Website. You are also responsible for ensuring that all persons who access our Website
and the Online System through your internet connection are aware of these terms, and that
they comply with them. Intellectual Property.
Intellectual Property
3.9 The Online System, our Website and the content therein and all intellectual property rights
pertaining thereto are owned by GNT Capital, Ltd or licensed through third parties and all
rights, title and interest shall remain the property of GNT Capital, Ltd or of such third parties.
3.10 Contracts formed through our Website and the Online System or as a result of visits
made by you are governed by these terms and conditions.
3.11 We aim to update our Website regularly, and may change the content at any time. If the
need arises, we may suspend access to our Website, or close it indefinitely. Any of the material
on our Website may be out of date at any given time, and we are under no obligation to update
such material.
3.12 The material displayed on our Website is provided without any guarantees, conditions
or warranties as to its accuracy.
3.13 You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic
bombs or other material which is malicious or technologically harmful. You must not attempt to
gain unauthorized access to our Website, the server on which our Website is stored or any
server, computer or database connected to our Website. You must not attack our Website via
a denial-of-service attack or a distributed denial-of service attack.
3.14 By breaching this provision, you would commit a criminal offence under the Computer
Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities
and we will co-operate with those authorities by disclosing your identity to them. In the event of
such a breach, your right to use our Website will cease immediately.
3.15 We will not be liable for any loss or damage caused by a distributed denial-of-service
attack, viruses or other technologically harmful material that may infect your computer
equipment, computer programs, data or other proprietary material due to your use of our
Website or to your downloading of any material posted on it, or on any Website linked to it.
3.16 We process information about you in accordance with our privacy policy as set out on
our Website. By using our Website, you consent to such processing and you warrant that all
data provided by you is accurate.
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3.17 We may obtain information about your general internet usage by using a cookie file which
is stored on the hard drive of your computer. Cookies contain information that is transferred to
your computer’s hard drive. They help us to improve our site and to deliver a better and more
personalized service. By using our Website you consent to the use of Cookies.
3.18 You may refuse to accept cookies by activating the setting on your browser which
allows you to refuse the setting of cookies. However, if you select this setting you may be
unable to access certain parts of our site. Unless you have adjusted your browser setting
so that it will refuse cookies, our system will issue cookies when you log on to our site.
3.19 You may link to our home page, provided you do so in a way that is fair and legal and
does not damage our reputation or take advantage of it, but you must not establish a link in
such a way as to suggest any form of association, approval or endorsement on our part where
none exists.
3.20 You must not establish a link from any Website that is not owned by you.
3.21 Our Website must not be framed on any other site, nor may you create a link to any part
of our site other than the home page. We reserve the right to withdraw linking permission
without notice. The Website from which you are linking must comply in all respects with the
content standards set out in our acceptable use policy as set out on our Website.
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f. All funds provided by you under a Contract (whether as security or otherwise)
may be appropriated by us if we incur any liability in respect of any Trade or in
the event that you are unable to pay sums due to us or breach of these terms
and conditions.
g. If you fail to make any payments due to us then we may charge you interest
at the rate set out in the Late Payment of Commercial Debts (Interest) Act
1998 and/or any regulations or guidance issued under that Act.
h. GNT Capital, Ltd may, at its discretion, make payments to third
party introducer’s.
i. We will not be obliged to pay you interest on any Margin or Client Money held
by us on your behalf.
6. MARGIN
a. We may in our absolute discretion, at any time before or after we agree to enter
into a Contract, as set out in clause 5.2 above, require you to provide us with
Margin. You acknowledge that this money will not generally be covered by the
Client Money rules and agree that the principles set out in this clause 6 will
apply.
b. In assessing the sum to be requested as Margin we will, acting reasonably, use our
discretion in making a determination of the risk of the trade and request an
appropriate sum, given the risk determination, as margin for the trade.
c. We will hold the Margin on trust for you in a designated Client account. This
means that you are still the beneficial owner of this money until such point in
time as we incur any costs, losses or liabilities in connection with or arising out
of your Contract(s) including, without limit, liabilities we incur with third party
currency dealers, exchanges, brokers, banks or similar entities. Then we will
become the beneficial owner of that proportion of the money, held as Margin,
equal to our costs, losses, or liabilities, without notice or demand by us.
d. We reserve the right to make a Margin Call to re-establish the Margin to
the original percentage level agreed for the particular Trade if the Margin
subsequently falls below an acceptable threshold for that Trade.
e. All Margin Calls must be paid within twenty four hours of our first
communicating the Margin Call to you.
f. The Margin will vest automatically in us in any of the following circumstances:
i. on the Value Date;
ii. if you breach of any material term of these terms and conditions:
iii. in the circumstances set out in clause 7.1.5, below.
g. We may also offset any Margin(s) or other monies we are holding in respect of
any one of your Contracts, against any costs, losses and/or liabilities that we
incur in connection with or arising out of any other Contract you have with us.
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composition or arrangement to its creditors or if you ceaseor threaten to
cease to carry on all or a part of your business; or
vi. any of the events specified above or anything analogous to them occurs
under the laws of any applicable jurisdiction.
b. If you become aware of the occurrence of any event referred to in this clause
7, you must give us immediate written notice.
8. LIMITATION OF LIABILITY
a. The following provisions set out our entire liability to you for any losses, costs
(including legal costs), damages, expenses, taxes, charges or any other
liability whatsoever (“Claim”) except for:
i. death or personal injury caused by our negligence; or
ii. the negligence of those for whom we are legally responsible that
causes death or personal injury; or
iii. for our fraudulent misrepresentation; for all of which liability is unlimited.
b. The limitation and exclusion of liability is set on the basis that you are aware
of the volatility of the foreign currency market.
c. You will be liable for any losses incurred in respect of unauthorized payment
Transactions arising from:
i. the use of a lost account payment instructions; or
ii. your failure to keep personalized security features of your account
information.
d. We are not liable for any Claim that arises as a result of currency fluctuation
between the Order Confirmation and the Value Date, or as a result of your non-
compliance with these terms and conditions or caused by the failure or delay of
any third party in the transmission, provision or delivery of any Service.
e. We are not liable for indirect loss, or for loss of profits, management time,
contracts, goodwill, anticipated savings, even if such loss was reasonably
foreseeable.
f. Subject to provisions of this clause 8, our total aggregate liability to you for any
Claim will not exceed the total Sale Currency paid by you in respect of the
Order giving rise to the Claim or where no Order is the basis for a claim,
£500,000.
g. You will indemnify and keep us indemnified against all losses (including legal
costs on a solicitor and own client basis) and liabilities incurred by us in the
proper performance of Services for you or in the enforcement of our rights
hereunder and, in particular, losses and liabilities incurred as a result of:
i. any default in payment by you of any sum due under a Contract or any
other breach of these terms and conditions;
ii. our carrying out your instructions: or
iii. our exercising our rights under clause 7.1 above, but in such event we
will have the right, as an alternative to our right to an indemnity, to set-
off against any monies held by us on your account any amounts owed
by you to us.
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iv. you are acting as principal and not as another party’s agent or
representative;
v. you are not prevented by any legal disability or subject to any law or
regulation that from performing your obligations under these terms
and conditions and any related transactions contemplated by them.
vi. you have all necessary consents and have the authority to enter into an
agreement under These term sand condition sand subsequent Orders
or other transaction contemplated by them (and if the Client is a body
corporate, you are properly empowered and have obtained all
necessary corporate or other authority pursuant to its constitutional and
organizational documents);
vii. you comply with all relevant laws, regulations, exchange control
requirements and registration requirements;
viii. all Orders are placed in the course of your usual trade or business and
will be for commercial or investment purposes only and not for currency
speculation; and
ix. you will take risk in and ownership of the purchased currency upon
payment of the full amount of the sold currency as directed by on your
instructions contained in the relevant order.
b. You undertake to inform us with immediate effect, if you are a corporation,
where beneficial ownership of your corporation changes by more than 10%.
10. REGULATIONS
a. Any money remittance transactions carried out by us are subject to the
Regulations.
b. If you require an information on the Regulations or have any questions
regarding the impact of the Regulations on your rights and obligations
under these terms in relation to the Transactions, such questions should be
addressed directly to our compliance team.
You agree that we may record telephone conversations between you and us; and use
such recordings, or transcripts from such recordings, as evidence in any dispute or
anticipated dispute.
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b. We are the data controller for purposes of the above mentioned data
protection legislation and any queries about the use of personal data by us
should be referred to our data compliance officer.
c. You consent to us processing all such information for the purposes of
performing the Services under these terms and conditions and also for
the purposes of administering the relationship between you and us.
d. We may use and/or disclose such information to any of our associates for
sales and marketing purposes unless you notify your objection to this in writing.
15. CONFIDENTIALITY
a. Each party may be given access to Confidential Information from the other party in
order to perform its obligations under these terms and conditions. A party’s
Confidential Information shall not be deemed to include information that;
i. is or becomes publicly known other than through any act or omission of
the receiving party;
ii. was in the other party’s lawful possession before the disclosure;
iii. is lawfully disclosed to the receiving party by a third party without
restriction on disclosure;
iv. is independently developed by the receiving party, which independent
development can be shown by written evidence; or
v. is required to be disclosed by law, by any court of competent jurisdiction
or by any regulatory or administrative body.
b. Each party shall hold the other’s Confidential Information in confidence and,
unless required by law, not make the other’s Confidential Information available
to any third party, or use the other’s Confidential Information for any purpose
other than for the carrying out of its obligations or enforcement of its rights
under these terms and conditions.
c. Each party shall take all reasonable steps to ensure that the other’s
Confidential Information to which it has access is not disclosed or distributed
by its employees or agents in violation of these terms and conditions.
d. Neither party shall be responsible for any loss, destruction, alteration or
disclosure of Confidential Information caused by any third party.
e. This clause 15 shall survive termination of these terms and conditions between
the GNT Capital, Ltd and the Client, however arising.
16. GENERAL
a. Waiver. A waiver of any right under these terms and conditions is only effective
if it is in writing and it applies only to the party to whom the waiver is addressed
and to the circumstances for which it is given.
b. Unless specifically provided otherwise, rights arising under these terms
and conditions are cumulative and do not exclude rights provided by law.
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c. Force majeure. The GNT Capital, Ltd shall have no liability to the Client under
these terms and conditions if it is prevented from or delayed in performing its
obligations under these terms and conditions, or from carrying on its
business, by acts, events, omissions or accidents beyond its reasonable
control, including, without limitation, strikes, lock-outs or other industrial
disputes (whether involving the workforce of the GNT CAPITAL or any other
party), failure of a utility service or transport or telecommunications network,
act of God, war, riot, civil commotion, malicious damage, compliance with any
law or governmental order, rule, regulation or direction, accident, breakdown
of plant or machinery, fire, flood, storm or default of GNT Capital, Ltd’s or sub-
contractors, provided that the Client is notified of such an event and its
expected duration.
d. Severance. If any provision (or part of a provision) of these terms and
conditions is found by any court or administrative body of competent jurisdiction
to be invalid, unenforceable or illegal, the other provisions shall remain in force.
e. If any invalid, unenforceable or illegal provision would be valid, enforceable
or legal if some part of it were deleted, the provision shall apply with
whatever modification is necessary to give effect to the commercial intention
of the parties.
f. Entire Agreement. These terms and conditions, and any documents referred to
in them, constitute the whole agreement between the parties and supersede
any previous arrangement, understanding or agreement between them relating
to the subject matter they cover.
g. Each of the parties acknowledges and agrees that in entering into the
Agreement it does not rely on any undertaking, promise, assurance,
statement, representation, warranty or understanding (whether in writing or
not) of any person (whether party to these terms and conditions or not) relating
to the subject matter hereof, other than as expressly set out in these terms and
conditions.
h. Assignment. The Client shall not, without the prior written consent of GNT
CAPITAL, assign, transfer, charge, sub-contract or deal in any other manner
with all or any of its rights or obligations under these terms and conditions.
i. GNT Capital, Ltd may at any time assign, transfer, charge, sub-contract or deal
in any other manner with all or any of its rights or obligations under these
terms and conditions.
j. No partnership or agency. Mottling in these terms and conditions is intended to
or shall operate to create a partnership between the parties, or authorize either
party to act as agent for the other, and neither party shall have the authority to
act in the name or on behalf of or otherwise to bind the other in any way
(including, but not limited to, the making of any representation or warranty, the
assumption of any obligation or liability and the exercise of any right or power).
k. Third party rights. These terms and conditions does not confer any rights on
any person or party (other than the parties to these terms and conditions and,
where applicable, their successors and permitted assigns) pursuant to the
Contracts (Rights of Third Parties) Act 1999.
l. Notices. Any notice required to be given under these terms and conditions
shall be in writing and shall be delivered by hand or sent by pre-paid first-class
post or recorded delivery post to the other party at its address set out in these
terms and conditions or the Order Form, or such other address as may have
been notified by that party for such purposes, or sent by fax to the other party’s
fax number as set out in these terms and conditions.
m. A notice delivered by hand shall be deemed to have been received when
delivered (or if delivery is not in business hours, at 9 am on the first business
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day following delivery). A correctly addressed notice sent by pre-paid first-
class post or recorded delivery post shall be deemed to have been received at
the time at which it would have been delivered in the normal course of post, A
notice sent by fax shall be deemed to have been received at the time of
transmission (as shown by the timed printout obtained by the sender).
n. Governing law and jurisdiction. These terms and conditions and any disputes or
claims arising out of or in connection with it or its subject matter or formation
(including non-contractual disputes or claims) are governed by, and construed
in accordance with, the law of St. Vincent and the Grenadines.
The parties irrevocably agree that the courts of England have exclusive jurisdiction to settle
any dispute or claim that arises out of or in connection with these terms and conditions or its
subject matter or formation (including non-contractual disputes or claims).
Date _________________
22 de febrero de 2022
Signature
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