These Terms and Conditions are part of the Client Services Agreement between Nimble Markets Limited, we, us or our) and you the client (you, your or yourself). These do NOT apply to US clients who should instead visit: www.thenimblemarkets.com. The Client Services
By electronically submitting your Application Form on our Website, you accept and agree to be bound by the terms and conditions of the Client Services Agreement. However, the Client Services Agreement will not be binding on us until we have accepted your application by opening an Account for you.
Please read all parts of the Client Services Agreement carefully and, where necessary, seek professional advice. In these Terms and Conditions, without limitation, you should particularly read those terms which deal with Margin, our rights to Stop Out CFDs, and the termination of the Client Services Agreement and the closing of your Account.
You must also read and understand our current PDS, and be familiar with the Trading Platform, before trading in our CFDs.
In these Terms and Conditions, unless the context otherwise requires:
Account means your Client Portal Account or a Trading Account as the context requires.
Additional Margin means an amount in addition to Initial Margin you must deposit in your Account under clause 10.2 or otherwise under the Client Services Agreement.
AML/CFT Act means the Anti-Money Laundering and Countering Financing of Terrorism Act No. 13 of 2014.
Applicable Laws means all applicable statutes, regulations, rules, bylaws, standards, codes, Orders in Council, proclamations, notices, warrants, instruments and regulatory guidance, including any common law and equity, and any related, subsequent, superseding or replacement Laws, and includes the AML/CFT Act, the FMC Act and any Market Rules.
Application means the application and account opening process as specified by us from time to time, including all documents or information required to be provided to us.
Associated Person has the meaning given to it in the FMC Act.
Authorised Person means you and/or any person authorised by you, in a manner accepted by us, to give instructions under these Terms and Conditions.
Base Currency means the currency you have chosen (out of the currencies we have made available to you) as the currency you will use to make trade on the Trading Platform.
Business Day means a day on which registered banks are open for general banking business (not being a Saturday, Sunday or public holiday in that place).
CFD means a contract between you and us for the taking of a Position in an Underlying Asset. Client Money means the moneys our clients have deposited with us.
Client Portal Account means your account to access the Trading Platform, tied to your verified identity. Close of Business means 4:00 pm EST time, Friday, or any other time(s) that we may publish on our Website. Closing Price means the price per Contract Unit of a CFD on closing a Position, quoted by and accepted by us.
Confirmation means a notification, which may be provided by us electronically, including via the Trading Platform or the internet, confirming entry into a CFD (or a trade in respect of a CFD).
Contract Price means the price per Contract Unit of a CFD, quoted by and accepted by us. Contract Quantity means, in relation to a CFD, the number of Contract Units traded by you as stated in the Confirmation.
Contract Unit means the relevant unit for the type of CFD you wish to trade with us as specified in the Trading Platform from time to time.
Contract Value means the total value of the CFD as calculated by us in accordance with these Terms and Conditions.
Event of Default means an event described in clause 14.1.
Exchange Rate means the exchange rate we may offer to you from time to time having regard to the applicable prevailing Interbank Rates and our mark up, and which is available to you from us via the Service or on request.
VFSC means the Vanuatu Financial Services Commission
Force Majeure Event has the meaning given to it in clause 24.
Initial Margin means an amount you must deposit in your Account under clause 10.1.
Insolvent means insolvent (or unable to pay debts as they fall due), bankrupt, in liquidation, receivership or statutory management, under administration or reconstruction, struck off or removed from any register of corporate entities, wound up, dissolved, subject to any assignment for the benefit or creditors or arrangement or compromise with creditors, or any equivalent status or subject to any equivalent process in any jurisdiction and insolvency has the corresponding meaning.
Leverage means such percentage as specified by us, and as amended by us under clause 10.4 from time to time.
License means the derivatives issuer license issued to us by the VFSC.
Limit Order means an order to buy or sell a CFD for the purpose of closing an Open Position (which for the avoidance of doubt is not guaranteed to execute on the Trading Platform).
Limited Hours Trading means the ability of the Client to trade CFDs (where available) during only such hours as any relevant exchange is open.
Long or Long Position means where a person opens a Position which will make money if the value of the Underlying Asset rises.
Margin means Initial Margin or Additional Margin, or both.
Margin Requirement means the amount of money that you must pay us and deposit with us for entering into a trade and/or maintaining an Open Position.
Margin Warning means a warning to you, that the level of your Margin is about to fall below our minimum Margin Requirements and your Open Positions will be closed automatically by our Trading Platform (i.e. a Stop Out) should the level of your Margin fall below our minimum Margin Requirements.
Market Rules means the rules, regulations, customs and practices from time to time of any exchange, licensed financial market, clearing house, licensed clearing and settlement facility, or other organisation or market involved in the conclusion, execution or settlement of a transaction or CFD and any exercise by such exchange, clearing house or other organisation or market of any power or authority conferred on it.
Material Error has the meaning in clause 9.6(a).
Maximum Trading Size means such maximum Contract Quantity or Contract Value as we may specify through our Service from time to time for any type of CFD.
Minimum Trading Size means such minimum Contract Quantity or Contract Value as we may specify through our Service from time to time for any type of CFD.
Normal Lot Size means the minimum and maximum Contract Quantity or Contract Value that we consider appropriate, having regard if appropriate, to the normal market size for which prices are available on any relevant exchange and for which we quote live price information.
Open Position means a Position which has not been closed.
Opening Price means, the price per Contract Unit of a CFD when a Position is opened, quoted by and accepted by us.
Opening Value means, in relation to a CFD, the total Contract Value as agreed between us and you at the time of the transaction as stated on the Confirmation or as determined in accordance with these Terms and Conditions.
PDS means our product disclosure statement, including any supplementary and replacement product disclosure statement.
Position means a Long or Short Position taken by a party to a CFD. Privacy Policy means our privacy policy which is available on our Website.
Server Rollover means the end of trading period calculated by reference to the close of the New York markets as determined by us.
Services means any service provided by us in accordance with our Client Services Agreement, including offering clients access to information and trading facilities, via an internet service, a wireless application protocol service and/or an electronic order routing system and including relevant software provided by us to enable you to use our Trading Platform.
Short or Short Position means where a person opens a Position which will make money if the value of the Underlying Asset falls.
Stop Loss Order means an order to buy or sell a CFD for the purpose of closing a negative Open Position and pre- determining a profit or loss made on a trade (which for the avoidance of doubt is not guaranteed to execute on the Trading Platform for various reasons, including without limitation, Underlying Market factors).
Stop Out means the automatic closing of your Open Positions by our Trading Platform should the level of your Margin fall below our minimum Margin Requirements.
Swap Benefit means a benefit you may receive on executed CFDs held overnight and which is described further in clause 12.1.
Swap Charge means a charge you may have to pay where you have an executed CFD held overnight and which is described further in clause 12.1.
Swap Rate means the rate determined by us from time to time having regard to, among things, Interbank Rates.
Total Equity means the aggregate of the current cash balance in your Account, taking into account all your current realised profits and losses, and your current unrealised profits and losses.
Total Margin means the sum of the Margin Requirements for all of your Open Positions. Trading Account means a MetaTrader 4 account with us, in a single Base Currency, tied to your verified identity for the purposes of any Applicable Laws.
Trading Day means any day of the week that the Trading Platform is available for your use.
Trading Platform means the MetaTrader 4 Trading Platform, or any substitute platform, which we make available to you by which you may trade with us online in our CFDs.
Underlying Asset means the underlying asset being the reference to which the value of a CFD is determined.
Underlying Market means the underlying market in which the Underlying Asset is traded. Website means the internet address and includes the Trading Platform as a downloadable application.
2.2
3. In these Terms and Conditions, unless the context otherwise requires:
Business Day: anything required by these Terms and Conditions to be done on a day which is not a Business Day may be done effectually on the next Business Day.
Clauses and schedules: references to clauses and schedules (if any) are to clauses and schedules of these Terms and Conditions.
Documents: a reference to any document, including these Terms and Conditions, includes a reference to that document as amended or replaced from time to time.
Headings: headings appear as a matter of convenience and do not affect the construction of these Terms and Conditions.
Including: including and similar words do not imply any limitation.
Persons: a reference to a person includes a company, limited partnership, trust and also any body of persons, whether corporate or unincorporated and includes their representatives, executors and assigns.
Singular, plurals and gender: the singular includes the plural and vice versa, and words importing one gender include the other genders.
Statutes and regulations: a reference to an enactment or any regulations is a reference to that enactment or those regulations as amended, or to any enactment or regulations that have been substituted for that enactment or those regulations, and a reference to an enactment includes regulations made under that enactment.
Adverse construction: these Terms and Conditions may not be construed adversely to a party just because that party prepared, or procured the preparation of, these Terms and Conditions.
After we accept the terms of your Application, we will open a Trading Accounts in your name each in a separate Base Currency. You will be able to manage deposits or withdrawals on your Account. After we complete our requirements (including our obligations under the AML/CFT Act), you can commence trading on our Trading Platform using your Account. We reserve the right to reject an Application or refuse to open a Trading Account for any reason whatsoever (subject to Applicable Laws).
You continuously undertake and warrant to us that any information provided to us is correct in its entirety and that you will immediately inform us of any material change to that information, including without limitation, any changes to your contact details, financial status or compliance with any Applicable Law.
Where you are two or more persons in relation to a Trading Account: a. the liability of each person will be joint and several;
You must keep all security information relating to the Account, including, but not limited to, any user name, user ID and password, confidential and we do not have to establish the authority of anyone using these items. You are responsible for all orders or instructions and for the accuracy of all information sent electronically using any such items. If you are aware or suspect that these items are no longer confidential, you should contact us as soon as possible so that they may be changed.
In our dealings with you, we will act as principal and not as agent on your behalf. Accordingly, we will be the counterparty to all of your CFDs.
Our Services are “execution only” services. We do not give you advice about whether you should enter into any CFD or use any Services that we may provide to you. Any information or general financial advice that we give you (or which is available through the Website) does not take into account your financial situation, needs or personal objectives. Without limiting our obligations under our Licence and Applicable Law, you must consider the appropriateness of entering into a CFD having regard to your own financial situation, needs or personal objectives and obtain your own independent financial advice.
If you wish to enter into CFDs with us, you must understand the risks of dealing in CFDs and rely solely upon your own judgement in dealing with us. Except to the extent expressly required by our Licence and Applicable Law, we are not responsible for your trading decisions, and we do not owe you any duty of care, to monitor your trades or to prevent you from trading beyond your means or ability or otherwise to protect you.
It is your sole responsibility and obligation to monitor and deposit Margin at any time required by the Client Services Agreement.
Our Services are provided electronically. You consent to the receipt of documents or information in electronic form via email, website (including via the Trading Platform) or other electronic means.
You confirm that you have regular access to the internet and consent to us providing you with information about us and our Services (including market information), our costs and charges and our notices by email or by posting such information on our Website or via our Trading Platform. You acknowledge that in the event that you are unable for any reason whatsoever to place a trade or close a Position because of difficulties you may be having with our Trading Platform, you will immediately contact us using our live-chat service to close the Position (subject to our additional requirements beforehand).
c. You also warrant that:
i. you are not aware and have no reason to suspect that:
ii. neither you nor, where you (the client) are not an individual, any of your directors, senior managers or individuals in any equivalent role (as applicable), are a “politically exposed person” as defined in the AML/CFT Act. If you may be a “politically exposed person”, you must inform us of the criteria you fall under.
1.Hours
Our office and trading hours are as set out on our Website from time to time.
2.Limited Hours Trading
We are under no obligation to quote prices or accept orders or instructions in respect of any CFD to which Limited Hours Trading applies during any time when the relevant Underlying Market is closed for business.
You may specify your initial Authorised Persons in your Application.
We may require instructions from you in respect of any transaction or proposed transaction and, if we do, you must promptly provide us with that information. If you do not, we may, in our absolute discretion take all such steps at your cost as we consider necessary or desirable for our or your protection. But this does not detract from your responsibility to keep yourself informed at all times as to the key dates and events affecting your CFDs.
We may also, although we are not obliged to, require your written confirmation of any order or instruction:
We may acknowledge instructions orally or in writing.
Subject to clause 5.7, any order or instruction you send by internet will only be deemed to have been received, and will only then constitute a valid instruction and binding CFD between you and us, when it has been recorded as accepted and confirmed by us to you.
When you transmit an order or instruction to us, this does not automatically give rise to a binding contract between you and us because any order made by you is always subject to us accepting your offer and such order having been recorded as accepted and confirmed by us to you. You are responsible for checking with us if a Confirmation is expected in relation to a transaction, but has not been received by you.
You must ensure that moneys sent to us are correctly designated in all respects, including, where applicable, that the moneys are sent for the purposes of Margin and to which of your Trading Accounts they should be applied. We will provide you from time to time with details of such arrangements as may apply to making payments to us, which may include permitting payments in different currencies as notified by us to you. You are solely liable for any transaction costs associated with any payments to or withdrawals from your Account.
We will hold all Client Money paid to us by you on trust for you in one or more segregated trust accounts in the regulated bank(s) or other regulated financial institution.
You agree and acknowledge that individual Trading Accounts of our clients are not separated from each other within the trust account operated by us and that your moneys may be comingled with our other clients’ Client Money, and that we will not be liable for the Insolvency or any act or omission of any bank holding the trust accounts.
Where permitted by Applicable Laws, we may also hold a buffer of our own funds within the Client Money trust account.
You agree to pay to us or as we direct all:
fees (including without limitation, any “spread” between a bid and ask price);
charges;
rates (including without limitation, Swap Rates);
commissions; and
other amounts,
set out from time to time in all parts of the Client Services Agreement and our Website. Timing of recognition of payments, deductions or fees
Any charges will be deducted from your Account the day following the day on which the charges were incurred and benefits will be paid the day on which it was derived (or any other day determined at our discretion).
If a Position is closed at a loss, we will immediately recognise that loss in your Account and your trading resources available on your Account will be adjusted accordingly, subject to the Client Services Agreement.
If a Position is closed at a profit, we will immediately recognise that profit in your Account and your trading resources available on your Account will be adjusted accordingly, subject to the Client Services Agreement.
Incorrect recognition of payment on Account
Except in the case of our fraud, we do not accept responsibility, and we will not be liable for, any loss or damage, of any form, as a result of you trading on moneys deposited in or recognised in your Account in error by, or on behalf of, us.
We may at any time deduct, without notice or recourse to you, any moneys deposited in, or recognised in, your Account in error by, or on behalf of, us.
Interest
As further and partial consideration for our Services, you acknowledge and agree that we may retain interest earned on Client Money held on trust in our bank account for our sole benefit.
Opening a trade using our Trading Platform
You can open or close a Position and place Limit Orders and Stop Loss Orders on a trade opened with us via our Trading Platform.
We will have no liability to you if any internet connection is lost with the result that you are unable to trade at any given price.
We do not warrant that the Trading Platform will be available or accessible when the exchanges on which the Underlying Assets in respect of which you have traded or wish
to trade are open and we reserve the right to remove altogether or reduce the Trading Platform service at any time for any purpose, without thereby incurring any liability to you.
If our computer records are at variance with your own records or recollection of your trading, the version of events recorded contemporaneously by our computer will prevail and our obligations to each other (including the obligation to pay any money) will be assessed and calculated on the basis that our contemporaneous computer records are correct and are conclusive evidence of the matters they record.
A quote on our Trading Platform is an “invitation to treat” and not an “offer” to contract. If you indicate that you wish to trade at the price quoted you will be deemed to be making an “offer” to trade at the quoted price and our trader will be entitled to confirm or reject that offer. No trade will be effective unless and until such Confirmation is given.
By you clicking ‘buy’ or ‘sell’, you are deemed to send a message via the Trading Platform indicating that you wish to trade on the terms and conditions indicated. This message will constitute an “offer” by you to buy or sell a CFD at the price and trade size chosen.
we may provide any Confirmations, statements and other reports to you via our Trading Platform where you will be able to view, download and print them;
you will access and use such Trading Platform to:
All trades on the Trading Platform will be conducted in the Base Currency you’ve chosen. The contents of your Account summary and any reports sent to you summarising your Account, will based in this Base Currency.
You accept there may be a wider difference between ‘buy’ and ‘sell’ prices you are quoted on closing a Position than when it was opened.
When a Position is closed, you accept that a payment will pass between us equal to the difference in value expressed in your Account Base Currency between the Opening Price of that Position and the corresponding Closing Price. If you make a profit, we must pay a sum to you equal to that profit. If you make a loss you must pay to us a sum equal to that loss.
A CFD does not entitle you to any rights in relation to the Underlying Asset being traded and you will not be entitled to delivery of the Underlying Asset; nor will you acquire any ownership or other such rights in relation to it.
We will quote prices which provide an indication of the prices at which we are prepared to deal with you and which are calculated in accordance with clause 9.4 for CFDs. Please note that:
1. When you make a request to place an order, we may:
i. provide an amended quote of the Contract Price originally quoted by our Trading Platform; and/or ii. make the quote subject to special conditions and requirements; as we notify to you at the time we are considering the order.
2. This may occur, for example, when you place an order outside the Normal Lot Size, or the aggregate of your order and all other orders for a CFD is outside the Normal Lot Size, or to take account of any change in Underlying Market conditions since the original quote. Such amended Contract Price will be determined by us having regard to the applicable prices and costs of entering into a transaction of that size on the relevant market. You will not be obliged to proceed with any order for which an amended price or special conditions and requirements are notified to you by us. For example, we may quote a revised price applicable to the proposed CFD which you may, at your absolute discretion, accept or reject. The amended quote may no longer be available if there is any delay in acceptance.
The size of your CFD must exceed the Minimum Trading Size and must not exceed the Maximum Trading Size.
9.4
The Contract Unit of a CFD will be one currency unit of the primary reference currency, one ounce of precious metal, or one of such other reference unit of the Underlying Asset (as determined by us from time to time).
Except where we exercise any of our rights to close out a CFD, it is your responsibility to decide whether or not you wish to deal at those prices. If you decide to deal at the prices indicated by us, you may make an offer to us to deal at that price. We may choose, in our absolute discretion, whether to accept or reject any offer to deal made by you.
If we believe that you have manipulated our prices, our execution processes or our Trading Platform, we may in our sole and absolute discretion, without notice to you:
10.
Initial Margin
To enter into a CFD that creates an Open Position you must deposit in your Account Initial Margin calculated as follows:
Initial Margin requirement = (Quantity of Contract Units x Contract Price) x Leverage
(Quantity of Contract Units x Contract Price) x Leverage
3.If there is any shortfall between your Total Equity and your total Margin Requirement for all your Open Positions, you must immediately deposit Additional Margin so that there is no such shortfall. These funds are due and payable to us immediately on your Total Equity falling below your total Margin Requirement for all your Open Positions.
The requirements imposed under clauses 10.1 to 10.2 will vary in the following circumstances:
In the case of your continuous Margin obligation set out in clause 10.2, you will not be required to pay it if we have extended you a credit facility (which we may do so at our discretion), and you have sufficient credit to cover your Margin requirements. However, if at any time the credit facility is not sufficient to cover the Margin Requirement on your Open Positions you must immediately place additional funds in your Account in order to fully cover our Margin Requirements.
We may vary the Leverage at any time at your written request and in all circumstances, at our discretion, by giving you notice in accordance with clause 17.2. We may do this (for example) in response to or in anticipation of:
You must pay any Additional Margin arising from an increase in the Leverage immediately. Failure to pay Margin
Your failure to pay any Margin or comply with your obligations in connection with Margin as required under these Terms and Conditions will be regarded as an Event of Default for the purposes of clause 14.
Margin currently required under this clause 10 and any Additional Margin that may be necessary or desirable, having regard to such matters as:
i. your Open Positions; ii. the volatility of any relevant Underlying Asset; iii. the volatility of the relevant market; iv. the volatility of the markets generally; v. any applicable exchange rate risk; and vi. the time it will take for you to remit sufficient cleared funds to us.
We may give a Margin Warning by doing any/all of the following:
However, despite any other term of the Client Services Agreement, we are not obliged to keep you informed of your Account balance and our Margin Requirements by providing you with a Margin Warning.
We are not obliged to allow you time to forward further funds to meet such Margin as is required under this clause 10 before exercising our rights (including to close out your Positions). However, where we, in our absolute discretion, do allow you time to meet your Margin Requirements, that permission will only be effective once it is confirmed in writing by us, and only to the extent specified in the written Confirmation given by us.
When can a CFD be closed?
Where we exercise any of our rights under these Terms and Conditions to close a CFD, we will do so by entering into an equal and opposite CFD on the Account.
We will determine the Contract Price at the time of closing in accordance with the current
prices then being quoted by us while we exercise any of our rights under these Terms and Conditions to close a CFD.
A CFD will close at the Contract Value at the time of closing as calculated by us, which will equal:
Contract Price x Contract Quantity
Any payment due by either us or you under this clause 11 in respect of dates on or after the date a Position is closed will be made by us adjusting the Account at Close of Business on such settlement date as we may determine in accordance with practice in the relevant Underlying Market and notify to you at the time of entering into the CFD.
When you hold a Position or Positions in a CFD across Server Rollover they will be rolled to the next Business Day which will result in you paying a Swap Charge or receiving a Swap Benefit. The amount is ultimately determined by us, at our discretion, and it depends on our Swap Rate, being the rates at which you receive or pay interest on Positions that remain open across Server Rollover.
The operation of this clause 12.1 is subject to clauses 12.2, 12.3 and 12.4.
If you are Long on a CFD that remains open across Server Rollover you may either receive a Swap Benefit or pay a Swap Charge, depending on the Underlying Asset you are Long, subject to clauses 12.3 and 12.4 and if you are Short on a CFD that remains open across Server Rollover you may either pay a Swap Charge or receive a Swap Benefit, depending on the currency you are Short on, subject to clauses 12.3 and 12.4.
You acknowledge and agree that the application of Limited Hours Trading under these Terms and Conditions has the result that Open Positions will be marked to market after trading close on the primary exchange and your Margin Requirement will vary accordingly.
In relation to Swap Charges and Swap Benefits, they will be accrued in the swap value field of your open trade Position. In the event there are insufficient funds in your Account, any amount due to us because of the Swap Charges becomes a debt due and owing by you to us.
You can add or modify limit, stop, trailing stop, and if done, can cancel the other orders on CFDs. Under certain conditions, we may refuse to accept these orders, including:
if you do not have the required funds deposited in the client trading account; and
in the case of any communication or technical failure as well as any incorrect reflection on the quotes feed (i.e. prices to freeze/stop updating or price spikes), we reserve the right not to execute an order or, where the order was executed, to change the Opening and/or Closing Price of a particular order or to cancel the said executed order.
You will remain liable for any losses in your Account which may be realised as the result of the filling of an order, regardless of the trading resources available on your Account at the time the order was filled.
What constitutes an Event of Default?
The following constitute Events of Default, which upon their occurrence give us the right to take action in accordance with clause 14.2:
If an Event of Default occurs (or as otherwise set out in clause 14.3) we may take any or all of the following actions:
We may at our discretion close your Account on one day’s notice in the event we form a reasonable belief that one or more of the circumstances directly below has occurred. If we rely on our rights under this clause, your Account will be suspended during the one day notice period and you will not be able to place trades other than those to close existing Open Positions. If you have not closed all the Open Positions within the one day’s notice period, we are entitled to take any action referred to in clause 14.2. For the purposes of this clause 14.3, the relevant circumstances are:
Without limiting our right to take action under clauses 14.2 and 14.3, we may also close or void individual Open Positions and/or cancel any order where:
a. we are in dispute with you in respect of an Open Position. In this case we can close all or part of the Open Position in order to minimize the amount in dispute; and/or
b. there is a material breach of the Terms and Conditions in relation to the Open Position.
Without limiting our right to take action under clauses 14.2, 14.3 and 14.4, we may in our discretion suspend your Account pending investigation for any reason. Whilst your Account is suspended you will be able to close your Open Positions but you will not be entitled to place new trades. Circumstances in which we may choose to exercise this right include but are not limited to the following:
If we have suspended your Account pending investigation, we will use reasonable endeavours to, but are not required to, conclude our investigation within five Business Days. When we conclude our investigation, we will inform you whether trading on your Account may resume or whether we will seek to take further action pursuant to these Terms and Conditions.
We may exercise our rights to close Open Positions under this clause 14 at any time after the relevant event has occurred and will do so on the basis of the next available price for the affected Open Position, as determined under clause 11.
1.The Client Services Agreement and all trades under it form part of a singular agreement between us and you, and we and you both acknowledge that we enter into the Client Services Agreement and any trades under it in reliance upon these being a singular agreement.
2.When Open Positions and/or your Account are closed under these Terms and Conditions, we may:
i.combine and consolidate your cash and any money we hold for you in all of the Accounts you may have with us; and ii. set-off against each other the amounts referred to in A. and B. below:
A. any amounts that are payable by us to you, regardless of how and when payable, including your cash (if a credit balance) unrealised profits and any credit balance held on any Account even if any of these Accounts have been closed;
B. any amounts that are payable by you to us, regardless of how and when payable, including, unrealised losses, interest, costs, expenses, charges and any debit balance on any Account even if those Accounts have been closed.
3.You are also entitled to require us to exercise the above rights in relation to your Accounts and/or Open Positions that have been closed.
4.If the rights under clauses 15(b) or 15(c) are exercised, all the payment obligations will be consolidated into an obligation for you to pay the net sum to us or for us to pay a net sum to you.
Your payments must be the full amount
When you make any payment, which is subject to any withholding or deduction under these Terms and Conditions, you must pay to us an amount that ensures that the amount actually received by us is equal to the full amount we would have received had no withholding or deduction been made.
16.2
Unless otherwise provided in these Terms and Conditions, all amounts due to us will, at our option:
When your Account has a positive balance available, you may request us to effect payment by alternative means of the amount in credit of such amount as you may specify. However, we may at our discretion withhold or delay from paying you the requested amount of the credit balance if:
Nothing in these Terms and Conditions is intended to create or does create in favour of either of us, any mortgage, charge, lien, pledge or other security interest in any cash or other property transferred by one to the other under any CFD.
The parties agree that all rights, title and interest to and in any payment which one party transfers to the other in respect of a CFD under these Terms and Conditions vests in the recipient clear of any liens, charges, encumbrances or other interest of the transferor or any third party.
You must ensure that:
You agree and acknowledge that we may refuse to accept or return any payment of money from any third party or from any account of any third party, and that we do not accept any liability or responsibility for any loss, cost, damage or expense, of any form, in connection with such non-acceptance or return, including because you are subsequently in default of your obligations to us.
Permitted means of depositing money
You may only deposit money to us by using any of the methods below and complying with the Client Services Agreement:
Permitted means of withdrawing money
You may only withdraw money from us by completing the steps required by our Services and complying with these Terms and Conditions.
Subject to clause 17.3, you agree that the version of these Terms and Conditions published on our website at the time of entering into a CFD governs that CFD.
Amending or replacing agreement
We may amend or replace these Terms and Conditions by giving you seven days’ prior written notice of the change(s) or the replacement. We will generally (but are not obliged to) make changes for the following reasons, including: making the provisions clearer or more favourable to you;
a. reflecting legitimate increases or reductions in the cost of providing our Services;
b. rectifying any mistakes that may be discovered;
c. reflecting any changes in the Applicable Laws, or decisions by a court, ombudsman, regulator or similar body;
If you object to any change or replacement, you must notify us within seven days of the date you are deemed to receive the notice under clause 27. Should the seven day notice period under clause 17.2 lapse, you will be immediately deemed
to have accepted the change(s) or replacement in its entirety. Should you give us valid notice of your objection, the change or replacement proposed will not bind you, however we may at our discretion, immediately, close your Account and any Open Positions you may have (without your consent), require you to immediately close your Account as soon as reasonably practicable (which you must immediately give full effect to), restrict you from placing trades, orders and/or closing your Open Positions and then terminate these Terms and Conditions.
Subject to clause 17.2, the amendments made under this clause 17 will apply, including to all Open Positions and unexecuted orders, from the effective date as stated by us of the changes specified in the notice.
We may at our discretion terminate these Terms and Conditions and close your Account and any Position at any time by giving you 10 Business Days’ written notice; this right is in addition to any other rights to terminate these Terms and Conditions or close your Account that we may have under these Terms and Conditions.
You may also terminate these Terms and Conditions or close your Account at any time by giving us one Business Day’s prior written notice. Your Account will be closed as soon as reasonably practicable (normally within two Business Days) after we have received your notice of termination, all Open Positions are validly closed in their entirety, all orders cancelled, and all of your obligations are discharged, including our receipt of all amounts owed to us in connection with these Terms and Conditions (whether directly or indirectly).
If either party provides notice to close your Account or terminate these Terms and Conditions under this clause 17:
17.8
Any amounts payable to us in connection with these Terms and Conditions (whether directly or indirectly) shall be immediately paid to us in the event we close your Account and Open Positions in accordance with clause 17.8.
We may at any time without prior notice to you, in order to discharge your obligations (actual or contingent) under these Terms and Conditions:
Our right to cease to trade in CFDs
We may at any time by written notice to you cease to offer to trade in any CFD, specifying in the notice a date on which we will cease to offer to trade in the particular CFD and such date being at least seven days after the notice is sent.
We can close out Positions if we cease to trade
4. You agree to close out all Open Positions in relation to the CFD for the date specified in the notice given under clause 18.2 and we will endeavour to close out any remaining Open Positions on the date specified in the notice.
5. If we exercise our right to close out your remaining Positions under the preceding clause, we will close out those Open Positions at the Closing Price for the CFD except where your Open Positions are outside the Normal Lot Size, in which case we will close those Positions at a price determined by us in accordance with market practice, but at our absolute discretion.
Our actions to comply with the law
Despite any other provision of these Terms and Conditions, in providing the services in these Terms and Conditions, we will be entitled to take any action as we consider necessary in our absolute discretion to ensure compliance with all Applicable Laws.
Our obligations under our Licence
In order to comply with our Licence, we may:
c. immediately terminate your Account and the Client Services Agreement,
if we have reason to believe that you do not have the ability to understand one or more of the types of CFDs available on our Trading Platform or any risks involved.
Volume Credit or Bonus:
Volume credit or Bonus is provided to clients on special offers on their deposit amount. Terms and condition Withdrawal will not process without approval of RM if credit/bonus is there in account. IB commission will not generate if client is trading on credit/bonus. Clients must complete volume of credit or Bonus before withdrawal. for eg. 10$ credit/bonus clients have to complete the trade of 2 standard lots (1.00 2 trades or 1,00,000 2 trades)
Temporary Credit or Rescue Credit:
Temporary credit or rescue credit is support provided on commitment of clients for short period of time. Terms and condition Withdrawal will not process in any condition before adding the credit in a given period of time. IB commission will not generate and pending commission cannot be withdraw. Clients must deposit the credit amount before withdrawal in a given period of time. (Eg. If credit is provided for a week then client have to deposit within that period of time or else account will be disable)
You must strictly comply with all Applicable Laws. If we have reason to believe you have breached, or facilitated the breach of, any law using our Services, we may terminate these Terms and Conditions immediately without notice.
to any Applicable Laws:
a. our total liability is limited to the total amount of Client Money that we currently hold on trust for your benefit;
b. we are not liable for any action we may take under Client Services Agreement;
c. we are not liable for any claim, loss, expense, cost or liability, of any form, suffered or incurred by you, whether caused directly or indirectly by us or any third party except to the extent that such a loss, expense, cost or liability is suffered or incurred as a result of our gross negligence or wilful default; and
d. our Services are only available on an “as is” basis and we do not warrant or guarantee its suitability to you or your purposes, its availability, its accuracy or its quality, in any respect.
We are not liable for any loss which is not reasonably foreseeable, nor for any indirect or consequential loss or loss of profit.
Although we have taken all reasonable steps to ensure the accuracy and completeness of any third party content available through the Services, they are provided on an “as is” or “if available” basis. We do not provide any warranties, undertakings, or representations (express or implied) as to such third party content to the full extent permitted by Applicable Law.
The limitations of liability in this clause 20 apply whether or not we or any of our employees or agents knew of the possibility of the claim being incurred.
You agree continuously to indemnify us against all losses of any form (including without limitation, consequential losses), taxes, expenses, damages, charges, receipts, demands and expenses of any nature and on any account and liabilities present, future, contingent or otherwise and including legal fees on a full indemnity basis which may be suffered or incurred or brought against us or in connection with or caused by:
You undertake, warrant and represent to us, with the intention that the following undertakings, warranties and representations are repeated each time you provide instructions to us:
You undertake that throughout the term of the Client Services Agreement you will promptly notify us of any change to the details supplied by you in your Application Form and any material or anticipated change in your financial circumstances which may affect the basis upon which we do business with you.
22.
that any services performed in respect of the Services will be uninterrupted or error free.
Where an Applicable Law implies in these Terms and Conditions any term, condition or warranty, and makes void or prohibits excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty will be deemed to have been included in these Terms and Conditions. However, our liability for any breach of such term, condition or warranty will be limited, at our option, to any one or more of the following:
a. if the breach relates to goods:
i. the replacement of the goods or the supply of equivalent or similar goods;
ii. the repair of the goods; the payment of the cost of repairing the goods or acquiring the relevant goods, or
iii. if the breach relates to services:
payment of the cost of having the goods repaired; or
the payment of the cost of
Once you have gone through the procedures associated with our Services or any Service provided by us, you will get access to such service, unless agreed otherwise or stated on our Website. Please consult our Website for more details on operating times. We may change our procedures at any time and we will tell you of any new procedures that apply to you as soon as possible.
You will be solely responsible for ensuring you have sufficient information technology systems and internet access to enable you to use our Services.
You will be solely responsible for the installation and proper use of any virus detection/scanning program we require from time to time.
In the event that you receive any data, information or software via our Services other than that which you are entitled to receive, you will immediately notify us and will not use, in any way whatsoever, and destroy at our direction, such data, information or software.
When using our Services, you must:
In the event you become aware of a material defect, malfunction, malware or virus in the system or in our Services, you will immediately notify us of such defect, malfunction or virus and cease all use of such Services until you have received written permission from us to resume use.
All rights in patents, copyrights, design rights, trademarks and any other intellectual property rights (whether registered or unregistered) relating to the Services remain vested in us or our licensors. You will not copy, interfere with, tamper with, alter, amend or modify the Services or any part or parts of them unless expressly permitted by us in writing, reverse compile or disassemble the Services, or purport to do any of the same or permit any of the same to be done, except in so far as such acts are expressly permitted by law. Any copies of the Services made in accordance with any Applicable Laws are subject to the terms and conditions of our Client Services Agreement. You must ensure that all the licensors’ trademarks and copyright and restricted rights notices are reproduced on these copies. You must maintain an up-to-date written record of the number of copies of the Services made by you. If we so request, you must as soon as reasonably practical, provide to us a statement of the number and whereabouts of copies of the Services.
Without prejudice to any other terms and conditions of these Terms and Conditions relating to the limitation of liability and provision of indemnities, the following clauses apply to our Services.
We may indefinitely suspend or permanently withdraw our Services, by giving you 10 Business Day’s written notice, unless it is not reasonably practicable for us, due to the circumstances, to give you any prior notice.
We have the right, unilaterally and with immediate effect, to suspend or withdraw permanently your ability to use the Services, or any part of them, without notice, where we consider it necessary or advisable to do so, for example due to your non-compliance with the Applicable Laws, breach of any provisions of the Client Services Agreement, on the occurrence of an Event of Default, network problems, failure of power supply, for maintenance, or to protect you when there has been a breach of share. In addition, the use of our Services may be terminated automatically, upon the termination (for whatever reason) of:
In the event of a termination of the use of the Services for any reason, upon request by us, you must, at our option, return to us or destroy all hardware, software and documentation that we have provided you in connection with our Services and any copies thereof.
We may in our opinion determine that an emergency or exceptional market condition exists (a Force Majeure Event), including but not limited to:
If we determine that a Force Majeure Event exists then we may (without prejudice to any other rights under these Terms and Conditions and at our sole discretion) take any one or more of the following steps:
To the extent practicable, we will take reasonable steps to notify you of any action that we propose to take under clause
23.2 before we take such action. If it is not practicable to give you prior notice, we will notify you at the time promptly after taking any such action.
If we determine that a Force Majeure Event exists, we will not be liable for any failure, hindrance or delay in performing our obligations under these Terms and Conditions or for taking or omitting to take any action in accordance with clauses 23.2 or 23.3.
In some circumstances, we may be unable, after using all reasonable efforts, to acquire, substitute, maintain, unwind or dispose of any Underlying Asset we consider necessary to hedge or protect our exposure to Underlying Market risks and other risks arising from an Open Position. In such circumstances, we may close that Open Position at the Contract Price.
You should inform us immediately in writing if you have a concern, a complaint or a dispute relating to these, Terms and Conditions, by emailing us about the situation to: Nimble Markets Ltd, address : 71-75 SHELTON STREET, COVENT GARDEN, UNITED KINGDOM, LONDON, WC2H 9JQ
or posting it to Nimble Markets Ltd
Please outline the situation that has arisen and include the remedy that you are seeking. We investigate client concerns, complaints and disputes promptly and endeavour to work with you to resolve any issues which arise.
Internal complaints handling policy
We offer clients internal and external complaints resolution procedures. You should contact us for information on how complaints are handled internally.
1.25.1. Privacy Policy
Before completing the Application Form, you should read our Privacy Policy carefully, a copy of which is available on our Website. The Privacy Policy explains how we collect your personal information and then how we maintain, use and disclose this information.
2. 25.2. Provision of our Services
If you do not provide the information requested by us or agree to our information handling practices detailed in our Privacy Policy, we may not be able to, and are entitled to refuse to, provide our Services.
3.25.3. Information security and disclosing information
Nimble Markets Ltd takes reasonable steps to protect your personal information from unauthorised access, modification or disclosure. We will only retain your personal information for so long as is required to fulfil the purpose that it was collected for (including for our compliance with any Applicable Law) as set out in our Privacy Policy.
We may disclose any information we collect from you in accordance with these Terms and Conditions or our Privacy Policy.
4. 25.4. Information updated
Nimble Markets Ltd requires you to notify us of any changes to your personal information. You have a responsibility to maintain your personal information up to date and ensure all the information we hold is accurate. Any inaccurate personal information may adversely affect your benefits during the course of our relationship with you.
5. 25.5. Credit and identity checks
You consent to us, or our agents acting on our behalf, carrying our credit and identity checks, including money laundering, compliance, regulatory reporting and fraud prevention checks, as we may consider necessary or desirable, including references on your bank or any credit reference agency. You agree that any third party that we use for this purpose may share any information concerning you with us and other organisations.
6. 25.6.New products or services
25.7.
You authorise us to contact you by email, telephone or post to give you information about our new products or services and you consent to us using your details for this purpose for the period that you have an account with us and after you have closed the account. However, if you do not wish to receive such information, you must advise us in writing.
A cookie is a small piece of data sent from a website and stored in a user’s web browser while the user is browsing that website. The function of cookies we use is to collect statistical information when you visit our website. Our cookies will not access your personal information unless you provide it to us.
In addition, browsing history will be automatically recorded when you log in to Nimble Markets Ltd website. This is only statistical information collection. The information contains pages viewed, time online and documents downloaded, etc. The use of this information is aimed at assessing the effectiveness of the website and understanding your preference.
You authorise us to pass your personal information to our Associated Persons or third parties for the purpose of contacting you by email, telephone or post to give you information about products offered by that Associated Person or third party for the period you have an Account with us and after you have closed it. If you no longer wish to receive this information, you should advise us.
You acknowledge that it may be necessary for your personal information to be transferred to and held by third party service providers (including without limitation, web, email or network hosting services). You unconditionally consent to any such a transfer or storage of your personal information.
You may contact us at the address listed on the Website if you wish to request access to any personal information that we hold about you.
We may record all conversations with you and monitor and maintain a record of all emails sent by or to us. The recordings or transcripts will be stored securely and prevented from unauthorised access or misuses. These recordings or transcripts may be used to resolve any dispute between you and us.
Subject to the Clients’ obligations under the Agreement being fulfilled and any other rights of the Company herein in the Agreement, the Company will offer the following Services to the Client:
Reception, Transmission and Execution of Client Orders in CFDs (on an own account basis). Foreign Currency Services provided they are associated with the provision of the Investment Service of point (a) above.
Safekeeping and administration of financial instruments for the account of Client (as and if applicable), including custodianship and related services such as cash/collateral management.
1.27.1. Notices must be in writing
Subject to clause 26.2, any notice or other communication given or made under or in connection with the matters contemplated by these Terms and Conditions will, except where oral communication is expressly provided for, be in writing and will be sent to the address below:
a.Nimble Markets Limited
address : 71-75 SHELTON STREET, COVENT GARDEN, UNITED KINGDOM, LONDON, WC2H 9JQ
b. You
The address and electronic mail address provided by you for this purpose.
2. 27.2. Provision of notice
A notice in writing can be provided personally or by hand, or by letter, email or through our Website or Service including the Trading Platform.
We may send notices to you at your last known home or email address, place of work, telephone, pager number or other contact details.
3. 27.3. Change of notice details