Risk Disclosure and Warnings Notice
- 1.1 This Risk Disclosure and Warning Notice is provided to you (our Client and prospective Client) by CMC INVESTMENTS PTY LTD.
- 1.2. All Clients and prospective Clients should read carefully the following risk disclosures and warnings contained in this Notice, before applying to the Company for a Trading Account and before they begin to trade with the Company. However, it is noted that this document cannot and does not disclose or explain all of the risks and other significant aspects involved in dealing in the Financial Instruments offered by the Company. This notice was designed to explain in general terms the nature of the risks involved when dealing in Financial Instruments on a fair and non-misleading basis.
- 1.3. The Company executes Client Orders in relation to the following Financial Instruments:
- Contracts for Differences in stocks, commodities, indices and currency pairs (FX), etc;
- Binary Options in stocks, etc;
- Collectively, Binary Options are referred to as the Financial Instruments in this Notice.
2. Charges and Taxes
- 2.1. The Provision of Services by the Company to the Client may be subject to fees, available on the Company's website. Before the Client begins to trade, he should obtain details of all fees, commissions, charges for which the Client may be liable.
- 2.2. If any charges are not expressed in monetary terms (but, for example, as a percentage or formula), the Client should ensure that he understands what such charges are likely to amount to.
- 2.3. The Company may change its costs and associated charges at any time, but information will be dispatched prior to that.
- 2.4. Investors do not pay taxes as the company takes care of that exactly.
3. Third Party Risks
- 3.1. It is understood that the Company will promptly place any Client money it receives into one or more segregated account(s) (denoted as client's accounts) with reliable financial institutions (within or outside AUSTRALIA). Although the Company shall exercise due skill, care and diligence in the selection of the financial institution according to Applicable Regulations, it is understood that there are circumstances beyond the control of the Company and hence the Company does not accept any liability or responsibility for any resulting losses to the Client as a result of the insolvency or any other analogous proceedings or failure of the financial institution where Client money will be held.
- 3.2. The financial institution (of paragraph 3.1.) where Client money will be held may be within or outside AUSTRALIA. It is understood that the legal and regulatory regime applying to any such financial institution will be different from the regulatory regime of your home country. Hence, in the event of the insolvency or any other equivalent failure or preceding of that person, the Client's money may be treated differently from the treatment which would apply if the money was held in a Segregated Account in his home country.
- 3.3. The financial institution to which the Company will pass Client money (as per paragraph 3.1.) may hold it in an omnibus account. Hence, in the event of the insolvency or any other analogous proceedings in relation to that financial institution, the Company may only have an unsecured claim against the financial institution on behalf of the Client, and the Client will be exposed to the risk that the money received by the Company from the financial institution is insufficient to satisfy the claims of the Client.
4. Technical Risks
- 4.1. The Client and not the Company shall be responsible for the risks of financial losses caused by failure, malfunction, interruption, disconnection or malicious actions of information, communication, electricity, electronic or other systems, which are not the result of gross negligence or wilful default of the Company.
- 4.2. If the Client undertakes transactions on an electronic system, he will be exposed to risks associated with the system including the failure of hardware, software, servers, communication lines and internet failure. The result of any such failure may be that his Order is either not executed according to his instructions or it is not executed at all. The Company does not accept any liability in the case of such a failure, not owed to the Company's gross negligence or wilful default. The Company strives on a best effort basis to provide the Client with a secure and smooth online experience.
- 4.3. The Client acknowledges that the unencrypted information transmitted by e-mail is not protected from any unauthorized access.
- 4.4. At times of excessive deal flow the Client may have some difficulties to be connected over the phone or the Company's Platform(s)/system(s), especially in fast Market (for example, when key macroeconomic indicators or news are released).
- 4.5. The Client acknowledges that the internet may be subject to events which may affect his access to the Company's Websites and/or the Company's trading Platform(s)/system(s), including but not limited to interruptions or transmission blackouts, software and hardware failure, internet disconnection, public electricity network failures or hacker attacks. The Company is not responsible for any damages or losses resulting from such events which are beyond its reasonable control or for any other losses, costs, liabilities, or expenses (including, without limitation, loss of profit) which may result from the Client's inability to access the Company's Website and/or Trading System or delay or failure in sending orders or Transactions, not owed to the Company's gross negligence or wilful default.
- 4.6. In connection with the use of computer equipment and data and voice communication networks, the Client bears the following risks amongst other risks in which cases the Company has no liability of any resulting loss:
Power cut of the equipment on the side of the Client or the provider, or communication operator (including voice communication) that serves the Client. Physical damage (or destruction) of the communication channels used to link the Client and provider (communication operator), provider, and the trading or information server of the Client. Outage (unacceptably low quality) of communication via the channels used by the Client, or the channels used by the provider, or communication operator (including voice communication) that are used by the Client. Wrong or inconsistent with requirements settings of the Client Terminal. Untimely update of the Client Terminal. The use of communication channels, hardware and software, generate the risk of non-reception of a message (including text messages) by the Client from the Company. Malfunction or non-operability of the Trading Platform, which also includes the Client Terminal.
- 4.7. The Client may suffer financial losses caused by the materialization of the above risks, the Company accepts no responsibility or liability in the case of such a risk materializing and the Client shall be responsible for all related losses he may suffer, to the extent that these are not owed to the Company's gross negligence or wilful default
5. Trading Platform
5.1. The Client is warned that when trading in an electronic Trading Platform he assumes risk of financial loss which may be a consequence of amongst other things:
Failure of Client's devices, software and poor quality of connection. The Company's or Client's hardware or software failure, malfunction or misuse. Improper work of Client's equipment. Wrong setting of Client's Terminal. Delayed updates of Client's Terminal.
- 5.2. The Client acknowledges that only one Instruction is allowed to be in the queue at one time. Once the Client has sent an Instruction, any further Instructions sent by the Client are ignored and the â€œorders is locked message appears until the first Instruction is executed.
- 5.3. It is understood that the connection between the Client Terminal and the Company's Server may be disrupted at some point and some of the Quotes may not reach the Client Terminal.
- 5.4. The Client acknowledges that when the Client closes the order placing/ deleting window or the position opening/closing window, the Instruction, which has been sent to the Server, shall not be cancelled.
- 5.5. Orders may be executed one at a time while being in the queue. Multiple orders from the same Trading Account in the same time may not be executed.
- 5.6. In case the Client has not received the result of Force Majeure Events the execution of the previously sent Order but decides to repeat the Order, the Client shall accept the risk of making two Transactions instead of one.
- 5.7. The Client acknowledges that if a Pending Order in a CFD has already been executed but the Client sends an instruction to modify its level, the only instruction, which will be executed, is the instruction to modify Stop Loss and/or Take Profit levels on the position opened when the Pending Order triggered.