INSTRUCTIONS AND BASIS OF DEALING. 2.1. We shall assume that by giving us Instructions you are not prohibited from using our Services under Applicable Law or otherwise and that you will comply at all times with Applicable Law. 2.2. You may give us Instructions via Electronic Services or orally (including by telephone), unless we tell you that instructions can only be given in a particular way. We will record Instructions by telephone. 2.3. If you trade with us via Electronic Services, this will additionally be covered by Schedule 1 – Electronic Trading Services. 2.4. We shall be entitled to act for you upon Instructions given by or purporting to be given by you or any person on your behalf that is authorised by you without us being required to make any further enquiry as to the genuineness, authority or identity of the person giving or purporting to give such Instructions. 2.5. Nonetheless, we may at our discretion refuse to act on any Instruction without explanation where we reasonably believe that: 2.5.1. To do so might breach Applicable Law or any of our other legal duties; 2.5.2. To do so would damage our reputation; 2.5.3. You may be unable to settle any relevant transaction by the settlement time; 2.5.4. The instruction is unclear, incomplete or not given by you or on your behalf; or 2.5.5. We consider that you do not meet or have not provided sufficient evidence to demonstrate or confirm that you meet the eligibility criteria for investing in the Financial Products at the time of execution of a Transaction for any other reason. 2.6. We can only cancel or amend your Instructions if we have not acted upon those Instructions, and we have received your consent. 2.7. We have the right (but not the obligation) to set limits and/or parameters to control your ability to place Instructions in our absolute discretion. Such limits and/or parameters may be amended, increased, decreased, removed or added to by us in our absolute discretion and may include (without limitation): a) controls over maximum Instruction amounts and maximum Instruction sizes; b) controls over our total exposure to you; c) controls over prices at which Instructions may be submitted (to include (without limitation) controls over Instructions which are at a price which differs greatly from the market price at the time the Instruction is submitted to the Instruction book); d) controls over the Electronic Services (to include (without limitation) any verification procedures to ensure that any particular Instruction or Instructions has come from you); or e) any other limits, parameters or controls which we may be required to implement in accordance with Applicable Law.
Appears in 1 contract
Sources: Client Agreement
INSTRUCTIONS AND BASIS OF DEALING. 2.1. We shall assume that 33.1 Placing of instructions: Unless expressly agreed upon otherwise, by giving us Instructions all dealing instructions must be given to us electronically via our Online Trading Facility, although we may at our sole discretion accept instructions from you are not prohibited from using our Services under Applicable Law in writing (including fax), by e-mail or otherwise and that you will comply at all times with Applicable Law.
2.2. You may give us Instructions via Electronic Services other electronic means, or orally (including by telephone)telephone through our dealing department at the designated phone number specified on our Online Trading Facility or as otherwise notified to you in writing, unless we tell you that instructions can only be given in a particular way. We will record Instructions by telephone.
2.3may, in our absolute discretion, require confirmation (in such form as we may specify) of any dealing instruction, as appropriate. If you trade with us via Electronic Servicesgive instructions by telephone, this will additionally your conversation may be covered by Schedule 1 – Electronic Trading Services.
2.4recorded. We shall be entitled authorized to act follow instructions notwithstanding your failure to confirm them in writing. Instructions for you upon Instructions the simultaneous entering into a Contract for the purchase and a Contract for the sale of a certain Financial Instrument on behalf of the same beneficial owner may NOT be given by under this Agreement. A dealing instruction or purporting to be Order given by you or any person on your behalf that to us shall not take effect until it is authorised actually received by you without us being required to make any further enquiry as to us. In this Agreement, unless the genuinenesscontext requires otherwise, authority or identity of instructions and orders shall have the person giving or purporting to give such Instructionssame meaning.
2.533.2 Right not to accept Instructions/Orders: We may (but shall not in any circumstances be obliged to) accept instructions to enter into a Transaction and/or Contract. Nonetheless, we We may at our absolute discretion refuse to act on accept any Instruction without explanation where we reasonably believe that:
2.5.1. To do so might breach Applicable Law or any of our other legal duties;
2.5.2. To do so would damage our reputation;
2.5.3. You may be unable to settle any relevant transaction by the settlement time;
2.5.4. The dealing instruction is unclear, incomplete or not given by you or on your behalf; or
2.5.5, in whole or in part, and refuse to act on it, without giving any reason or being liable for any loss occurred thereby. In addition, a dealing instruction which, for any reason, is not received by us in a manner in which it can be processed, including a failure of our Online Trading Facility to accept or process such instruction, shall be deemed not to have been received by us. We consider that you do reserve the right to refuse to enter into any Transaction and/or Contract. Such situations include but are not meet limited to, when:
a) Trades are placed outside of the market hours;
b) Trades are individually or have not provided sufficient evidence to demonstrate or confirm that you meet the eligibility criteria for investing in the Financial Products at aggregate larger than the time maximum quantity or smaller than the minimum quantity we set for the market;
c) Your margin is insufficient to fund the proposed Transaction and/or Contract;
d) Our Price or the Transaction and/or Contract derives from a Manifest Error;
e) We believe the Transaction and/or Contract would be in breach of execution this Agreement or any legal or regulatory requirement applicable to you or us.
33.3 Binding Effect: Confirmation of a Transaction dealing instruction by us shall constitute a binding agreement between us on the terms of such instruction. The procedure for any other reasonentering dealing instructions is specified on our Online Trading Facility in the online trading section.
2.6. 33.4 Cancellation/withdrawal of instructions: We can only cancel or amend your Instructions instructions if we have not acted upon those Instructionsinstructions. Once an instruction has been given by you or on your behalf, and we have received your it cannot be rescinded, withdrawn or amended without our express prior written consent.
2.7. 33.5 Control of Orders prior to execution: We have the right (but not the no obligation) to set limits and/or parameters to control your ability to place Instructions in Orders at our absolute discretion. Such limits and/or parameters may be amended, increased, decreased, removed or added to by us in at our absolute discretion and may include (without limitation):
a): (i) controls over maximum Instruction Order amounts and maximum Instruction Order sizes;
b; (ii) controls over our total exposure to you;
c; (iii) controls over prices at which Instructions Orders may be submitted (to include (without limitation) controls over Instructions Orders which are at a price which differs greatly from the market price Market Price at the time the Instruction Order is submitted to the Instruction book);
dsubmitted; (iv) controls over the our Electronic Services (to include (without limitation) any verification procedures to ensure that any particular Instruction or Instructions Order has come from you); or
eor (v) any other limits, parameters or controls which we may be required to implement in accordance with Applicable LawLaws, Rules and/or Regulations. The Company has the right to amend and/or cancel any Orders which have been executed within a very small timeframe and the cumulative sizes of those Orders exceed the maximum allowable Order size limit (i.e. a Client may place five orders within two seconds which individually are all below the maximum allowable Order size limit but exceed the limit on a cumulative basis).
Appears in 1 contract
Sources: Client Agreement
INSTRUCTIONS AND BASIS OF DEALING. 2.121.1. We shall assume that Placing of Instructions: Unless otherwise expressly agreed, all Instructions must be given to us electronically via our Online Trading Facility, although we may at our sole discretion accept Instructions from you in writing (including fax), by giving us Instructions you are not prohibited from using our Services under Applicable Law e-mail or otherwise and that you will comply at all times with Applicable Law.
2.2. You may give us Instructions via Electronic Services other electronic means, or orally (including by telephonetelephone through our dealing department at the designated phone number specified on our Online Trading Facility or as otherwise notified to you in writing), unless we tell you that instructions Instructions can only be given in a particular way. We will record Instructions by telephone.
2.3. If you trade with us via Electronic Servicesmay, this will additionally be covered by Schedule 1 – Electronic Trading Services.
2.4at our absolute discretion, require confirmation (in such form as we may specify) of any Instruction, as appropriate. We shall be entitled authorised to act for you upon follow Instructions given by or purporting notwithstanding your failure to be confirm them in writing. An Instruction given by you or any person on your behalf that to us shall not take effect until it is authorised actually received by you without us being required to make any further enquiry as to the genuineness, authority or identity of the person giving or purporting to give such Instructionsus.
2.521.2. Nonetheless, we may at our discretion refuse to act Binding effect: Confirmation of an Instruction by us shall constitute a binding agreement between us on any Instruction without explanation where we reasonably believe that:
2.5.1. To do so might breach Applicable Law or any the terms of our other legal duties;
2.5.2. To do so would damage our reputation;
2.5.3. You may be unable to settle any relevant transaction by the settlement time;
2.5.4such Instruction. The instruction procedure for entering Instructions is unclear, incomplete or not given by you or specified on your behalf; or
2.5.5. We consider that you do not meet or have not provided sufficient evidence to demonstrate or confirm that you meet the eligibility criteria for investing in the Financial Products at the time of execution of a Transaction for any other reasonour Online Trading Facility.
2.621.3. Cancellation/withdrawal of Instructions: We can only cancel or amend your Instructions if we have not acted upon those Instructions. Once an Instruction has been given by you it cannot be rescinded, and we have received your withdrawn or amended without our express prior written consent.
2.721.4. Right not to accept Instructions/Orders: We may at our absolute discretion refuse to accept any Instruction given by you, in whole or in part, and refuse to act on it, without giving any reason or being liable for any loss occasioned thereby. In addition, an Instruction which, for any reason, is not received by us in a manner in which it can be processed, including any failure of our Online Trading Facility to accept or process such Instruction, shall be deemed not to have been received by us.
21.5. Control of Orders prior to execution: We have the right (but not the no obligation) to set limits and/or parameters to control your ability to place Instructions in Orders at our absolute discretion. Such limits and/or parameters may be amended, increased, decreased, removed or added to by us in at our absolute discretion and may include (without limitation):
a): (i) controls over maximum Instruction amounts and maximum Instruction Order sizes;
b) controls over our total exposure to you;
c) controls over prices at which Instructions may be submitted (to include (without limitation) controls over Instructions which are at a price which differs greatly from the market price at the time the Instruction is submitted to the Instruction book);
d) controls over the Electronic Services (to include (without limitation) any verification procedures to ensure that any particular Instruction or Instructions has come from you); or
e) any other limits, parameters or controls which we may be required to implement in accordance with Applicable Law.
Appears in 1 contract
Sources: Customer Agreement
INSTRUCTIONS AND BASIS OF DEALING. 2.1. We shall assume that 33.1 Placing of instructions: Unlessexpressly agreed uponotherwise, by giving usall dealing instructions must be given to us Instructions you are not prohibited electronically via our Online Trading Facility, althoughwe mayat our sole discretionaccept instructions from using our Services under Applicable Law youin writing (including fax), by e-mail or otherwise and that you will comply at all times with Applicable Law.
2.2. You may give us Instructions via Electronic Services other electronic means, or orally (including by telephone)telephone through our dealing department at the designatedphone number specified on our Online Trading Facility or as otherwise notified to you in writing, unless we unlesswe tell you that instructions can only canonly be given in a givenina particular way.We may, inour absolute discretion, require confirmation (in such form as we mayspecify) ofanydealing instruction,as appropriate. If yougive instructions by telephone,your conversation may be recorded. We will record shallbe authorizedto follow instructions notwithstanding your failure to confirm them in writing. Instructions for the simultaneousentering into a Contract for the purchase anda Contract for the sale of a certain Financial Instrument onbehalfofthe same beneficial owner may NOT be givenunder this Agreement. A dealing instruction or Order given by telephoneyouto us shallnot takeeffect until it isactually received by us. In this Agreement, unlessthe context requiresotherwise, instructions and orders shall have the same meaning.
2.3. If you trade with us via Electronic Services, this will additionally 33.2 Right not to accept Instructions/Orders: We may (but shall not in any circumstances be covered by Schedule 1 – Electronic Trading Services.
2.4obliged to) accept instructions to enter into a Transaction and/or Contract. We shall be entitled to act for you upon Instructions given by or purporting to be given by you or any person on your behalf that is authorised by you without us being required to make any further enquiry as to the genuineness, authority or identity of the person giving or purporting to give such Instructions.
2.5. Nonetheless, we may at our absolute discretion refuse to accept any dealing instruction given byyouor on your behalf, in whole or inpart, and refuse to act on it, without giving any Instruction without explanation where we reasonably believe thatreason or being liable for any loss occurredthereby. Inaddition, a dealing instruction which, for any reason, is not received by us in a manner in which it canbe processed, including a failure ofour Online Trading Facility to accept or process such instruction, shall be deemed not to have been received by us. We reserve the right to refuse to enter into any Transaction and/or Contract. Such situations include but are not limited to, when:
2.5.1. To do so might a) Trades are placed outside of the market hours;
b) Trades are individually or in the aggregate larger thanthe maximum quantity or smaller than the minimum quantity we set for the market;
c) Your margin is insufficient to fund the proposed Transaction and/or Contract;
d) Our Price or the Transaction and/or Contract derives from a Manifest Error;
e) We believe the Transaction and/or Contract would be in breach Applicable Law of this Agreement or any legal or regulatory requirement applicable to you or us.
33.3 Binding Effect: Confirmation of our other legal duties;
2.5.2. To do so would damage our reputation;
2.5.3. You may be unable to settle any relevant transaction a dealing instruction by us shall constitute a binding agreement between us on the settlement time;
2.5.4terms of such instruction. The procedure for entering dealing instructions is specified on our Online Trading Facility in the online trading section.
33.4 Cancellation/withdrawal of instructions: We can only cancel your instructions if we have not acted upon those instructions. Once an instruction is unclear, incomplete or not has been given by you or on your behalf; or
2.5.5. We consider that you do , it cannot meet be rescinded, withdrawn or have not provided sufficient evidence to demonstrate or confirm that you meet the eligibility criteria for investing in the Financial Products at the time of execution of a Transaction for any other reason.
2.6. We can only cancel or amend your Instructions if we have not acted upon those Instructions, and we have received your amended without our express prior written consent.
2.7. 33.5 Control of Orders prior to execution: We have the right (but not the no obligation) to set limits and/or parameters to control your ability to place Instructions in Orders at our absolute discretion. Such limits and/or parameters may be amended, increased, decreased, removed or added to removedor addedto by us in usat our absolute discretion and may include discretionandmayinclude (without limitation):
a): (i) controls over maximum Instruction Order amounts and maximum Instruction Order sizes;
b; (ii) controls over our total exposure to you;
c; (iii) controls over prices at which Instructions may Ordersmay be submitted (to include submitted(toinclude (without limitation) controls over Instructions Orders which are at a price which differs greatly from the market price Market Price at the time the Instruction Order is submitted to the Instruction book);
dsubmitted; (iv) controls over the our Electronic Services (to include (without limitation) any verification procedures to proceduresto ensure that any particular Instruction or Instructions Order has come from you); or
eor (v) any other anyother limits, parameters or controls which we may be maybe required to implement in accordance inaccordance with Applicable LawLaws, Rules and/or Regulations. The Company has the right to amendand/or cancel any Orders which have been executed within a very small timeframe and the cumulative sizes of those Orders exceed the maximum allowable Order size limit (i.e. a Client mayplace five orders withintwo secondswhichindividually are all below the maximum allowable Order size limit but exceed the limit on a cumulative basis).
Appears in 1 contract
Sources: Client Agreement