2. Scope of Agreement & Provision of Services
3. Commencement of the Agreement and right to Cancel
4. Duration of the Agreement
5. Provision of Services
6. Opening of Account
7. Compliance with Applicable Laws and Regulations
8. Definition of Contracts for Difference
9. Conflicts of Interest
10. Minimum and Maximum trade sizes
11. Commissions, Fees & Charges
12. Deposits and Payments
14. Force Majeure Events
15. Personal Data & Privacy
16. Intellectual Property
1. Introduction a. This Client Agreement (also referred to as “Agreement”, or “Terms and Conditions”) is entered by and between ImperialInvestments.Fund (referred to as 'we‟, „us‟, „our‟, „ours‟, „ourselves‟ and „‟the Company‟) and the Client (referred to as the „Client‟, „you‟, „your‟ and „yourself‟). b. This Client Agreement will govern all Transactions entered between the Company and the Client. You should read and understand this Agreement carefully. c. This Agreement is supplied to you in English, which is the Company‟s official language, and we will communicate with you in English for the duration of this Agreement.
2. Scope of Agreement & Provision of Services 2.1. This Agreement sets out the basis on which we will enter into Transactions with you and governs each Transaction entered into or outstanding between you and us on or after this Agreement comes into effect. Trading CFDs carries a high level of risk and can result in the loss of your entire initial deposit. Our trading service is not suitable for everyone
3.Commencement of the Agreement and right to Cancel 3.1. The Agreement shall take effect and commence once the client completes the account opening application procedure and is accepted as a Client by the Company, as soon as we have informed you that we have accepted your application to open an account with us. 3.2. You may cancel the Agreement by giving us notice in writing within the ninety (90) days after commencement date. The Company will return to you any amount you have deposited. If you do not cancel the Agreement as described above, the Agreement will continue to be in effect unless terminated in accordance with the relevant provisions of the Agreement.
4. Duration of the Agreement The Agreement shall be effective from the commencement day described in the „Commencement of the Agreement and Right to Cancel‟ section, for an indeterminate /unlimited time until its termination as described in the Agreement.
5. Provision of Services 5.1. You accept that we are the only execution venue in relation to your trades. We shall act as the principal to your transactions, except where we agree otherwise with you. We may transmit your orders for onward execution to third party liquidity providers however contractually we are the sole counterparty to your trades and any execution is done in our name. 5.2. We will deal with you on an execution-only basis at all times. a) You will act as principal and not as agent (or trustee) on behalf of someone else. This means that you may not enter into transactions on behalf of other parties without our express consent. If you act as an agent, we will not accept your principal as a client unless otherwise agreed in writing. b) We deal on an execution-only basis and shall not advise you in connection with any aspect of the placing of your orders or execution of trades. You agree that, unless otherwise provided in this Agreement, we are under no obligation: i. to satisfy ourselves as to the suitability of any transaction for you; ii. to monitor or advise you on the status of any transaction; iii. to close any transaction that you have opened, notwithstanding that we may have previously taken such similar action in relation to that transaction or any other. 5.3. Where dealings between you and us are on an execution-only basis you will not be entitled to ask us to provide you with investment advice relating to any transaction or make any statement of opinion to encourage you to open a particular transaction. We may, at our absolute discretion, provide information: a) in relation to any transaction about which you have enquired, particularly regarding procedures and risks attaching to that transaction and ways of minimising risk; and b) by way of factual market information, however, we will be under no obligation to disclose such information to you and in the event of us supplying such information it will under no circumstances constitute investment advice. The Company does not issue any advice, recommendation or opinion to any client in relation to a transaction in order for the Client to take an investment decision. 5.4. Any statement, recommendation or opinion provided to any client, including any statement found on any website, made or posted by us, our employees, authorized representatives or affiliates is not designed with respect to the individual client‟s personal profile, financial situation or trading experience, and therefore should not be construed as investment advice, recommendation, opinion and/or as a solicitation to for any transactions in financial instruments. 5.5. You, as a client, acknowledge that you should always enter into any transactions in basis of your own evaluation and never act in basis of any other recommendation, advice analysis or opinion provided by the company, any affiliates or employees. Any opinions made may be personal to the author and may not reflect the opinions of ImperialInvestments.Fund. 5.6. In the event that we have agreed in writing that dealings between you and us are on an advisory basis, any investment advice we may provide to you will be subject to our Investment Advisory Services Agreement. 5.7. Notwithstanding Term 5.6, you agree that in respect of execution-only dealing you rely entirely on your own judgement in opening, closing, partially closing or refraining from opening or closing a Transaction with us. In respect of both execution only and advisory dealing we will not, in the absence of fraud, wilful default or negligence assume any liability for any losses (including, without limitation, indirect or consequential losses or loss of opportunity or profits arising from any failure by you to make any anticipated profits), costs, expenses or damages suffered by you arising from any inaccuracy or completeness in any information or advice, or unsuitability of any advice, given to you by any employee of the Company or third party, including without limitation, information or advice relating to any of your Transactions with us. 5.8. You acknowledge and agree that if, in any given circumstance, we do not positively offer any advice or recommend that you take any action in relation to any Transaction, that does not imply that we are advising you not to take such action (or any action at all) in relation to that Transaction. Subject to our right to void or close any Transaction in the specific circumstances set out in this Agreement, any Transaction opened by you following such inaccuracy or mistake will nonetheless remain valid and binding in all respects on both you and us. Without detracting from any other limitation of our liability contained elsewhere in this Agreement, the maximum amount of our liability in respect of any losses that you may suffer in connection with any advice given by us regarding a Transaction will be limited to three times the amount of Commission or Spread payable in respect of that Transaction. 5.9. Before you begin to trade with us, we will take all reasonable steps to provide you with a clear explanation of all commissions. 5.10. We reserve the right to require you to pay or reimburse us for any taxes or duties in the event of a change in the basis of duties or tax legislation. We also reserve the right to charge you for the provision by us to you of market data in specific circumstances. 5.11. This Agreement is a distance contract, it is amongst others, governed by the Distance Marketing of Consumer Financial Services Law N.242(I)/2004 implementing the EU Directive 2002/65/EC, under which signing the Agreement is not required and the Agreement has the same judicial power and rights as a regularly signed one. 5.12. We will take all reasonable steps to provide you with best execution. Unless you notify us to the contrary, you will be deemed to consent to our Best Execution Policy along with all other relevant policies when this Agreement comes into effect. If you do not consent, we reserve the right to refuse to provide our services to you. 5.13. We may use other members of our Group or third parties in undertaking work on our behalf with respect to the Services we provide in relation to this Agreement, including execution of marketing campaigns, gathering and processing of client information, specialised software and IT services or other client support services. Such Service Providers may be located within or outside the European Union and where we choose to cooperate with them, we shall do so in accordance with the Applicable Laws and Regulations. We shall always remain responsible to you for the Services provided in accordance with the terms of this Agreement, except in the case of a Force Majeure event, where we are responsible for the conduct of the work of such Service providers in relation to the work and activities they undertake on our behalf. We shall use reputable and competent Service Providers and shall have in place adequate controls as to the selection and monitoring of the performance of the work they execute on our behalf.
6. Opening of Account 6.1. Once you complete the account opening application procedure and you are accepted as a Client by the Company, you entitle us to use all personal information provided by you, in our sole discretion and according to the EU General Data Protection Regulation, for any further inquiries we may deem necessary to conduct taking into consideration the circumstances. As a client of our Company, you understand that you are committed to collaborate with us and provide any required information swiftly and we are authorized to conduct any further searches we deem appropriate. 6.2. We shall expect that the information you provide us in your Account Opening Application Form‟ is truthful and precise at all times, unless you duly inform us otherwise in writing. As a client, you have a responsibility to inform us in writing for any amendment or not accuracy of the information provided previously. 6.3. Acceptance of you as a Client does not mean that the Company is obliged to neither approve nor accept automatically any future applications for new accounts from your side.
7. Compliance with Applicable Laws and Regulations 7.1 The Company may proceed with any amendment of the terms of the Agreement for any of the following reasons: a) changes in the functioning of products or services offered by the Company to which the provisions of the Terms and Conditions apply; b) introduction by the Company of new products or services to which the provisions of the Terms and Conditions apply; c) changes in IT systems used for provision of services by the Company to which the Terms and Conditions apply. d) the law amendments regulating products or services offered by the Company, e) Where the Company finds that any term in the Agreement is inconsistent with Applicable Regulations. d) Upon request from an exchange, clearing house or any regulatory authority for the provision of any information in respect to you, your Transactions or Accounts, we shall proceed with the disclosure of the requested information without your further approval and/or confirmation. In basis of our inquiry, you agree to collaborate with us for the provision of all necessary information in relation to such inquiry or request and you acknowledge that under the Applicable Laws and Regulations we may not be authorized to notify you about the relevant request or inquiry in relation to your Accounts and subsequently you waive any claims you may have against us for not notifying you regarding any such enquiries or disclosures.
8. Definition of Contracts for Difference 8.1. Trading in Contracts for Difference carries a high level of risk and is not appropriate for all members of the general public but only for those investors who understand, acknowledge and are willing to assume the economic, legal and other risks involved, taking into account their personal financial circumstances, financial resources, lifestyle and obligations are financially able to assume the loss of their entire investment, have the knowledge and experience to understand CFDs trading. 8.2. The financial instruments the Company offers are CFDs in their totality, i.e. complex derivative financial instruments whose value is derived from an array of underlying assets (such as shares traded on exchange, Currency pairs, commodity futures etc.). CFDs offered by the Company are bilateral contracts between two counterparties, denominated as Over the Counter (“OTC”) Derivatives. For CFDs traded by you in our trading platform, we act as your counterparty, in other words we act as a principal to your trades. 8.3. When you trade in a traded off-exchange or Over-the-Counter („OTC‟), derivative contract such as a CFD trade, the value and payment obligations in relation to these are determined with reference to the price movement of an underlying Financial Instrument or reference point. As such, when entering into a Buy or Sell order for a CFD you speculate on a movement of the price of the underlying Financial Instrument. The Client should understand that fluctuations in the prices of the underlying assets will have an impact on the value of any derivative financial instrument such as CFDs. The Client acknowledges and accepts that while the prices of CFDs are derived by the prices of the underlying assets, this does not imply that the CFDs price will match that of the underlying asset. The risk of loss increases in the case in which Leverage is used for your trading in CFDs. certain jurisdictions apply a cap on leverage which prevails over this Investment Services Agreement. 8.4. With CFD trading, you don‟t buy or sell the underlying Financial Instrument, (for example a physical share, currency pair or commodity), since you are not the owner of the latter and there is no physical delivery of it. 8.5. We keep the right to terminate the provision of a CFD underlying asset if it was decided in the company‟s internal policy or whenever we believe that a material adverse change has occurred or is expected to occur, with the respect to amongst others the issuer of such Instrument, which may cause suspension or disruption in trading in such Instrument or cause material increase in volatility thereof or the operations or financial performance of the issuer of such instrument and / or any of its associated parties, or due to considerations related to the market's uncertainty or factors otherwise materially affecting the market. 8.6. In case, we terminate the provision of CFD trading in a financial product under this agreement, shall notify you and request you to close all of your open positions in such instrument by a specific date. You acknowledge and provide us your authorization following a fair treatment to close your existing positions upon the specific date at the current market prices established by the Company.
9. Conflicts of Interest 9.1. You acknowledge that we act as a principal when executing Client trades. 9.2. Furthermore, you acknowledge that we and our Associated Companies provide a diverse range of financial services to a broad range of clients and circumstances may arise in which we, our Associated Companies, or a Relevant Person may have a material interest in a Transaction with or for you or where a conflict of interest may arise between your interests and those of other clients or counterparties or of ourselves. 9.3. We are required by law to take all sufficient steps to identify conflicts of interest between ourselves, our Associated Companies and Relevant Persons and our clients, or between one client and another, that arise in the course of providing our investment services. 9.4. The following are examples of such material interests and conflicts of interests: a) We may effect or arrange for the effecting of a Transaction with you or on your behalf in connection with which we, our Associated Companies, or a Relevant Person may have other direct or indirect material interests; b) We may execute hedging transactions prior to (i.e. in anticipation of) or following receipt from you of a request, or information concerning a contemplated request, to open or close a Transaction in order to manage our risk in relation to Transaction(s) you are entering into or contemplating, all of which may impact on the price you pay or receive in relation to such Transaction(s), and any profits generated by such hedging may be retained by us or an Associated Company without reference to you; c) We may match your Transaction with that of another client by acting on its behalf as well as yours; d) We may make a market in Transactions which you enter into under this Agreement; e) We may deal in the Underlying Market to which your Transactions relate as principal for our own account or that of someone else; we may give investment advice or provide other services to another client about or concerning the Underlying Market in relation to which you enter a Transaction. f) We operate a policy of independence which requires our employees to act in your best interests and to disregard any conflicts of interests in providing our services to you. In addition, we have in place organisational and administrative controls to manage the conflicts of interests identified above, such that we can be reasonably confident that risks of damage to clients as a result of any conflict will be prevented.
10. Minimum and Maximum trade sizes Under no obligation, we retain the right, at our own discretion, to set limits in order to monitor your account with us however for the record we use STOP LOSSES at 30% of the FUND and aim to use no more than 10% of the entire FUND when entering trades.
11. Commissions, Fees & Charges a) Imperial Investments Fund does not charge any upfront, on-going admin fees or set up costs. The 1.4% daily return is net of any trading charges incurred from the opening and closing of positions. You as a Client acknowledges all profits made above the daily 1.4% is solely for the rewards of Imperial Investments Fund and in agreement we will not charge any management fees., you acknowledge that you have read, understood and accepted the information. You have the right to request and the Company shall provide upon such request an analytic itemized outline of the costs applicable.
12. Deposits and Payments 12.1. You must comply with the following when making payments to us: a) Payments due will, unless otherwise agreed or specified by us, be required in currencies specified by us. b) You may make any payment due to us by any of the following methods: i. direct bank transfer. c) We do not accept payments from you by cash or cheque. d) In determining whether to accept payments from you under this clause, we will have the utmost regard to our duties under law regarding the prevention of fraud and money laundering. To this end, we may at our absolute discretion, having regard to the law, reject payments from you or a third party or any other person other than you and return funds to source. In particular, we will not accept payments from a bank account if it is not evident to us that the bank account is in your name. We reserve the right to change the way in which we manage and/or convert your non-Base Currency balances at any time in the future by providing you with ten (10) calendar days prior written notice. We will be under no obligation to remit any money to you if that would reduce your account balance (taking into account running profits and losses) to less than the Margin payments required on your open Transactions. Money standing to the credit of your account will be remitted to you if requested by you. Where you do not make such a request, we will be under no obligation to, but may, at our absolute discretion, remit such monies to you. All bank charges howsoever arising will, unless otherwise agreed, be for your account. The manner in which we remit monies to you will be at our absolute discretion, having utmost regard to our duties under law regarding the prevention of fraud and money laundering. We will normally remit money in the same method and to the same place from which it was received. However, in exceptional circumstances we may, at our absolute discretion, consider a suitable alternative.d) All deposits are locked for no less than 12 months where profits are available immediately. 12.2. You may deposit funds into your Account at any time during the course of this Agreement. Deposits will be accepted via bank transfer or any other method of electronic money transfer (where the originator is yourself) acceptable by the Company from time to time. The Company will not accept third party or anonymous payments in the Client Account. 12.3. We have the right not to accept funds deposited by you and/or to cancel your deposits and remit them back to you in the following: a) if you fail to provide us with any documents which we request from you either for client identification purposes or for any other reason, including with respect to verifying the source of your wealth; b) if we suspect or have concerns that the submitted documents may be false or fake; c) if we suspect you are involved in illegal or fraudulent activity or you engage in abusive trading practices; d) if we have been informed that your credit or debit card (or any other payment method used) has been lost or stolen; e) where we consider that there is a chargeback risk; f) where we cannot identify you as an original remitter of the funds or where we are unable to return the funds to the same source of payment; and/or g) where we do so in order, in our reasonable judgment, to comply with Applicable Laws and Regulations; 12.4. All payment and transfer charges will be borne by you and the Company shall debit the Client Account for these charges. 12.5. If you make a payment by bank transfer, by credit card or any other method of electronic money transfer, the Company shall credit the Client Account with the relevant amount within one Business Day after the amount is cleared in the bank account of the Company. 12.6 All crypto payments are accepted however if your crypto currency address is flagged and causes Imperial Investments.Fund to lose use of their crypto currency address then the offending crypto currency address hereby forfeits their whole account and they will lose their account with Imperial Investments.Fund.
13. Withdrawals 13.1 Without prejudice and subject to the terms of this Agreement, you may withdraw funds from your Account provided that such funds are not being utilised for margin purposes. Once your withdrawal request is approved, your withdrawal request will be processed by us and sent to the same bank, credit card or other source for execution on the same day that the request to withdraw funds was made, or the next working day if the client‟s request is received outside of normal trading hours. (Note: Some banks and credit card companies may take time to process payments especially in currencies where a correspondent bank is involved in the transaction). The funds will be returned to the bank account/credit card/other source from which the funds were debited. You are fully responsible for the payment details that you provided to us and we accept no responsibility if you have provided false or inaccurate bank details. Further, withdrawals bare third party charges which may vary in accordance with the terms and conditions of the third parties. These charges may be verified upon request. 13.2. The minimum withdrawal amount for all methods (excluding the wire transfer) is £20. The minimum withdrawal amount request for wire transfer is £100. Any withdrawal request for an amount below this two mentioned above, will incur handling and processing charges as follows: minimum £10 for all methods (excluding wire transfer) and minimum £50 for the wire transfer. 13.3. The Company will endeavour to process your withdrawal requests promptly; however the time needed for the requested funds to be processed and appear in your account will depend upon the method used for depositing the funds and the third parties which are executing the payments.
14. Force Majeure Events 14.1. We may, in our reasonable opinion, determine that an emergency or an exceptional market condition exists (a "Force Majeure Event"), in which case we will, in due course, inform the Commission and take reasonable steps to inform you. A Force Majeure Event will include, but is not limited to, the following: a) any act, event or occurrence (including without limitation any strike, riot or civil commotion, act of terrorism, war, industrial action, acts and regulations of any governmental or supra national bodies or authorities) that, in our opinion, prevents us from maintaining an orderly market in one or more of the Instruments in respect of which we ordinarily deal in Transactions; b) the suspension or closure of any market or the abandonment or failure of any event on which we base, or to which we in any way relate, our quote, or the imposition of limits or special or unusual terms on the trading in any such market or on any such event; c) the occurrence of an excessive movement in the level of any Transaction and/or the Underlying Market or our anticipation (acting reasonably) of the occurrence of such a movement; d) any breakdown or failure of transmission, communication or computer facilities, interruption of power supply, or electronic or communications equipment failure; e) failure of any relevant supplier, intermediate broker, agent or principal of ours, custodian, sub-custodian, dealer, exchange, clearing house or regulatory or self-regulatory organisation, for any reason, to perform its obligations. 14.2. If we determine that a Force Majeure Event exists, we may, at our absolute discretion, without notice and at any time, take one or more of the following steps: a) increase your Margin requirements; b) close all or any of your open Transactions at such Closing Level as we reasonably believe to be appropriate; c) suspend or modify the application of all or any of the clauses of this Agreement to the extent that the Force Majeure Event makes it impossible or impracticable for us to comply with the Term or Terms in question; or d) alter the Last Dealing Time for a particular Transaction.
16. Intellectual Property 16.1. You acknowledge and agree that copyrights, trademarks, database and other property or rights in any information distributed to or received by you from us (including, but not limited to, our prices), together with the contents of our website(s), brochures and other material connected with our dealing service and in any database that contains or constitutes such information, will remain the sole and exclusive property of ours or any third party identified as being the owner of such rights. 16.2. All copyrights, trademarks, trade secrets, software, platform and any related data, document information and creation of such and any other ownership rights in relation to the services the Company offers, are considered intellectual property belonging to the Company and you acknowledge that as a client of the Company, you do not obtain any rights in any way.
COPYRIGHT © 2019 INVESTMENTS IMPERIAL LTD - ALL RIGHTS RESERVED.INVESTMENTS IMPERIAL LTD HOLDS AND WHOLLY OWNS THE FOLLOWING SUBSIDIARY COMPANIES NAMED:
IMPERIAL INVESTMENTS.FUND - HTTPS://IMPERIALINVESTMENTS.FUND
THE DECISION GROUP - HTTPS://THEDECISIONGROUP.CO.UK
Copyright © 2020 Investments Imperial LTD - All Rights Reserved.
Investments Imperial Ltd holds and wholly owns the following subsidiary companies named:
Imperial Investments.FUND - https://imperialinvestments.fund
THE DECISION GROUP - HTTPS://THEDECISIONGROUP.CO.UK
INVESTMENTS IMPERIAL LTD
Company number 12167859
IIF ASIA SDN. BHD.
COMPANY NUMBER 202001023148 (1379468-K)