The contractual relationship between HEDGECENT and the client is governed by the Terms of Business (including but not limited to the consequences of events of default). The Terms of Business outline the conditions under which transactions will occur and HEDGECENT’ and the client’s responsibilities when using and trading on the Trading Platforms. However, accepting the Terms of Business does not obligate you to conduct any further business or constitute a trade in and of itself. You always get to decide this. Therefore, before running a business with us, you must first indicate via the website that you agree to business conditions. The terms of business of HEDGECENT are available on our website and are incorporated herein by reference.
Customers of HEDGECENT, both retail and wholesale, are subject to these terms of business, as well as any schedules and accompanying papers, as updated from time to time. These Terms of Business outline the parameters of the agreement between you and us. When we receive your completed signing page to these Terms of Business, they become enforceable and are deemed to have been accepted. We shall constantly deal with you in an execution-only manner. Please be aware that we won’t give you any advice about whether or not you should enter into these Terms of Business or any Transaction. We won’t offer you any tax advice regarding it. Before agreeing to these Business Terms of Service or any Transaction, you may want to get independent advice. Customers are urged to sign the accompanying signature sheet of these Terms of Business to indicate their agreement to these terms and conditions.
We shall represent you as the primary in all our interactions with you, not as an agent. Therefore, we shall act as the counterparty in all of your transactions. You will also deal with us as a principal, not as an agent or representative of another person unless we agree differently in writing. Whether or not you tell us who the principal is on whose behalf you act, we won’t accept that person as a customer unless we agree that they can act on your behalf. After then, we’ll be able to depend on any instructions the agent gives us regarding your Account. But occasionally, we might need proof that the agent is authorized to act in your place.
Language Used in Conversation
You are free to speak English with us. English versions of all HEDGECENT standard publications will be accessible. If a document is translated, it will only be done for informational purposes; the English version will take precedence.
Any prior understanding we may have had regarding the same subject matter is superseded by these Terms of Business, which come into force when you either indicate your acceptance of them online or return a hard copy that has been signed and dated. You can show that you have read, understood, and agree to be bound by these Terms of Business with us by filling out and signing the signature form.
Responsibilities and obligations
We don’t take on any additional obligations or fiduciary duties beyond the applicable regulations or business conditions expressly required.
These Business Terms and the Schedules
The Terms of Business are the terms found in these Terms of Business, and their Schedules were taken collectively. In addition, we may occasionally provide you with different schedules about a particular Market or class of Investments, which will also be included in the Terms of Business.
Payments and Charges
You will pay our fees as occasionally agreed upon, or we may deduct such fees from any funds that we hold on your behalf. The Product Disclosure Statement includes a description of the fees. Currency insurance: You must indemnify us and hold us harmless from and against any costs (including conversion costs) and losses incurred by us as a result of receiving any amount related to an obligation of yours in a currency other than the one in which it was due. That applies whether we accept or recover any amount according to a judgment of any court or otherwise. HEDGECENT is authorized to convert funds in your Account for Margin into and out of such foreign currency at a rate of exchange determined by HEDGECENT based on the then-current money market rates if you instruct HEDGECENT to enter into any Currency Transaction. Any profit or loss arising as a result of a fluctuation in the exchange rate affecting such Currency will be entirely for your Account and risk. HEDGECENT shall not be responsible for any losses you incur as a result of such action in such cases (although, HEDGECENT will use reasonable endeavors only to convert such funds as may prudently be required to cover the position in respect of the relevant transaction). Net of payments and deliveries: All fees and deliveries between us must be made on a net basis unless we expressly state otherwise. We are not required to provide goods to you or pay you until we have received the necessary paperwork or cleared funds from you. Compensation and sharing of fees: In connection with Transactions executed on your behalf, we may earn compensation from or share fees with an Affiliate or other third party.
No matter how the law or practice has changed or if they haven’t, you are still in charge of any domestic or foreign taxes that may result from a transaction. We won’t be responsible for any of your tax liabilities, for giving you information or advice regarding those liabilities, or for alerting you to changes in tax law or practice. Suppose we are required to pay any taxes on your behalf due to or in connection with Transactions you have completed with us. In that case, you are responsible for promptly and fully reimbursing us for any taxes we have already paid—our Interaction with You Material concerns. Your attention is directed to the possibility that we, an Affiliate, or another person associated with us may have a material interest, relationship, or agreement when dealing with you or on your behalf. Without restricting the type of such interests, such instances include potential locations for us or an Affiliate to be: (a) Trading in the investment, a connected investment, or the underlying asset for our (or its) own Account or the Account of another party. That could involve: (a) dealing with or using the services of an intermediary Financial Services Provideror other agents who may be an Affiliate; (b) selling to you or buying from you as well as dealing with or using the services of an intermediary Financial Services Provideror other agents who may be an Affiliate; (c) matching (e.g., through a cross) your Transaction with that of another customer by acting on both of your and his behalf; (d) buying from you and selling to another customer right away, or vice versa; (e 10.2 You acknowledge that we and our Affiliates may have obligations that are inconsistent with your interests and those that would otherwise be owed to you, and you permit us to act in any way we deem necessary in such circumstances, subject to the applicable regulations. 10.3 There is no obligation to report or Account: We will abide by applicable regulations that are obligatory on us, but we are no longer obligated to disclose to you any interests we may have, including any profit, benefit, commission, or other compensation made or received as a result of any transaction or matching transaction. 10.4 Informational Obstacles We have policies in place that prevent our employees from having access to information about parts of our business (and that of our affiliates) or the affairs of clients they are not directly involved with. As a result, we are not required to consider, disclose to you, or use any information that belongs to or is confidential to another client, us, or any Affiliate. As a result, we might not be able to provide you with advice or deal with you concerning a specific investment without letting you know why. Market abuse You represent and warrant that you will act in compliance with the Act and any applicable Regulations by entering into any Transaction. Account Creation Before engaging in any Transaction with HEDGECENT, an Account must first be established. No Orders may be placed before the opening of an Account and the receipt of cleared funds. Without limiting those mentioned above, if HEDGECENT allows you to place an Order even though no Account has been opened or cleared funds have been received, this does not relieve you of your obligation to HEDGECENT under these Terms of Business concerning the Order placed. HEDGECENT reserves the right to decline your application for any reason but will promptly inform you of any denial without providing any justification after receiving your application. You acknowledge and agree that we may: (a) periodically search and inquire about you and any Related Party at credit reference agencies and your employers, if applicable; (b) disclose information to organizations engaged in fraud prevention; and (c) obtain information from and disclose information to other Financial Services Provider-dealers or investment managers who deal in or manage investments to assess your creditworthiness, manage credit risk, and prevent fraud (or other criminal activity). The size of any Transaction or series of Transactions you may enter into, as well as the amount of any loss or liability to which you may be exposed, may all be subject to limits that may, in our sole discretion, be applied, depending on your credit status and, where applicable, the number of funds you have deposited with us. 13.4 Account limitations do not limit or represent your financial obligation to HEDGECENT. Any funds you may occasionally deposit with us in the form of margin or do not represent a cap on such obligation.
will be periodically credited with the amount of each Margin payment and any other payments we receive from you following these Terms of Business and will regularly be debited with the following amounts: the amount of each payment we make to you upon your request and realized losses payable. By signing this agreement, you agree to defend, indemnify, and hold us harmless from any charges or expenditures (including all legal costs) that we may incur to collect the required amount if you don’t make the payment by the deadline. At the current market rates that are accessible to us, we may convert money that is on your Account, paid to us by you, or due to be paid to us from one currency to another (after accounting for commissions or charges). Payment: We take deposits from you by wire transfer or a credit card that has been accepted. No cash payments will be made. Payments may be made in US dollars (USD) or other currency pre-approved by us. If we don’t otherwise agree in writing, withdrawals from your Account can only be executed by wire transfer. Terms of Payment: You agree to pay all amounts owed to us under these Terms of Business following the following conditions: (a) all electronic or telegraphic transfer or other bank fees about payment by you shall be your sole responsibility; (b) if we do not receive any payment by the due date for payment, we shall be entitled to charge interest on the overdue amount (both before and after judgment) at the Interest Rate. Payment Withheld: If your account statement displays a credit balance, you may ask us to send you a check or ar for alternative forms of payment for that sum. However, if any of the following occur: (a) open Margined Transactions on the Account show notional losses; (b) we reasonably believe that funds may be needed to meet any current or future margin requirements on open Margined Transactions due to underlying market conditions, or (c) you have any contingent liability to us or any of our affiliates in respect of any other account, we may, at our discretion, elect to withhold (or, if applicable, deduct) any payment requested (in whole or
Before taking any orders, you must fill out the Account Opening Forms with your investment expertise and experience. We shall determine whether creating an Account is appropriate for you based on this data and in line with the Applicable Rules. We won’t be able to decide on your investment risk tolerance or capacity based on your borrowings or leverage. You should be aware that using power to make investments can significantly raise the risk involved, especially when dealing with margined transactions, where it is typical to take huge positions relying only on a tiny amount of initial margin. We shall make some assumptions regarding the suitability of the service offered when you are classed as a Wholesale Client. We are allowed to presume that you have the necessary expertise and experience in the pertinent investing sector. If you don’t believe this to be the case, you must advise us of this before the service is rendered and give us any information you have about the extent of your training and experience. You must notify us in writing of any information that could indicate that this assessment needs to be revised. Assurances and Commitments You affirm and promise to us that as of the date these Terms of Business are in force and as of the date of each Transaction: (a) [For individuals] you are of sound mind, legal age, and legal competence; (b) despite any later finding to the contrary, you are qualified to trade Margined Transactions and that you are aware of the risks associated with doing so; (c) you possess all required authority, powers, consents, licenses, and authorizations; and (d) you have the financial means to (e) these Terms of Business, each Transaction, and the obligations created by them are binding upon you and enforceable against you in accordance with their terms (subject to applicable principles of equity); (f) they do not and will not violate the terms of any regulation, Order, charge, or agreement by which you are bound; (h) unless you have inadvertently breached any provision of these Terms of Business, each Transaction, and the obligations created by them; I any information you provide or have provided to us regarding your financial situation or other matters is accurate and not misleading in any material respect; (j) you are willing and financially able to sustain a total loss of funds resulting from Transactions; (k) you have reliable access to the internet and the email address listed on your account opening forms; and (l) unless otherwise agreed by us, you are the sole beneficial owner of all of the assets you provide or have provided to us.
Things That Default
If at any time: (a) you fail to fully and immediately comply with any obligation to make any payment when due under these Terms of Business or to make or take delivery of any property when due under these Terms of Business; (b) we have reasonable grounds to believe that you violate any material provision of these Terms of Business; (c) any action is taken, or an event occurs that we believe might have (e) You pass away, lose mental capacity, become bankrupt or insolvent under any bankruptcy or insolvency law that applies to you, are unable to pay your debts as they become due, or any of your debts are not paid on time or are otherwise capable of being declared due and payable under agreements or instruments evidencing such debt before it would have otherwise been due and payable, or any suit, action, or other proceeding related to such debts. When an encumbrancer seizes all or a portion of your property, undertaking, or assets, “proceedings” are started for any execution, garnishment, attachment, or distress (tangible and intangible) (f) you begin a voluntary case or other procedure under any bankruptcy, insolvency, regulatory, supervisory, or similar law (including any corporate or other law that may apply to you if insolvent) seeking or proposing liquidation, reorganization, an arrangement or composition, a freeze or moratorium, or other similar relief with respect to you or your debts, or seeking the appointment of a trustee, receiver, liquidator, conservator, administrator, or insolve (g) a voluntary case or other procedure is started against you seeking or proposing liquidation, reorganization, an arrangement or composition, a freeze or moratorium, or other similar relief with respect to you or your debts under any bankruptcy, insolvency, regulatory, supervisory, or similar law (including any corporate or other law that may apply to you, if you are insolvent), or seeking the appointment of an insolvency officer of you or any significant portion of your business. (h) You disaffirm, disclaim, or repudiate any obligation under these Terms of Business or any guarantee, hypothecation agreement, margin or security agreement, or other document containing an obligation of a third party, or of you, in favor of us supporting any of your obligations under these Terms of Business (each, a “credit support document”): I any representation or warranty that you made or gave or was deemed to have given in accordance with these Terms of Business or any Credit Support Document turns out to have been untrue, false, or deceptive in any material regard as of the time it was made, given, or deemed to have been made; (j) any Credit Support Provider fails to comply with or carry out any agreement or obligation that is required to be complied with or carried out by you or it in accordance with the applicable Credit Support Document (ii) Any representation or warranty made or given or deemed to have been given by any Credit Support Provider in accordance with any Credit Support Document is later found to have been false or misleading in any material respect; (iii) any of the occurrences listed in subclause 1 of this clause’s paragraphs (d) to (g) or (j) concerning any Credit Support Provider; (iv) your dissolution; (v) if your capacity or existence depends on a record in a formal register, the removal or termination of the registration; or (vi) the initiation of any procedures seeking or proposing your dissolution, removal from such a register, or the termination of such registration; If one or more of the circumstances listed in subclause 1 of this clause (k) apply to you or your Credit Support Provider if you are a partnership, (l) an Event of Default (however described) occurs in relation to you under any other agreement between us, then we may exercise our rights under clause 22.2 of these Terms of Business. However, the occurrence of an Event of Default under subparagraphs (d) to (g) or (j) of clause 22.1 shall result in the automatic termination of any outstanding Transaction. 22.2 Upon an Event of Default, we may specify by notice date for the termination of any outstanding transactions between us. No additional payments or deliveries under any Transactions that would have been due for performance on or after the termination of any outstanding Transactions, absent this provision, shall be required from either of us. We shall be permitted to sell your investments in our possession or possession of any nominee or a third party appointed under or under these Terms of Business, in each case as we may, in our sole discretion, select or and upon such terms as we may, without providing prior notice to you: (a) instead of returning to you investments equivalent to those credited to your Account, to pay you the fair Market value of such assets at the time we exercise such right;
We are not allowed to lose any of our rights under this section due to any delay on our behalf in exercising them, but under no circumstances are we required to exercise any rights under this clause or, if we do, to do so in a way that benefits you. We may, in our sole discretion, terminate Transactions singly or collectively.
When we exercise our right to close out a Transaction under this provision, we must do so whole or in part at the time(s) and price(s) that we, in our reasonable discretion, believe to be appropriate. The sums owed under the closed-out transaction will then become instantly due. The market price (as decided by us in our reasonable discretion) at the time the sale occurs shall apply if we exercise our right under this clause to realize any investments or other assets of yours held by us. The timing, location, and mode of such a sale shall be our sole discretion. All sale expenses shall be your responsibility. By written notice to you, we may require that any open Transactions be settled following this clause on the settlement date, which shall be the date on which notice is given if any Event of Default described in this section happens. No payments shall be made with any open Transaction beyond the settlement date when all Transactions are concluded pursuant to this clause. Your payment of the settlement amount shall immediately settle each available Transaction. As soon as you learn of the occurrence of an incident listed in clause 22.1, you must notify us. Following any of the circumstances listed in section 22.1, we shall be permitted to offset any responsibility to pay you against any obligation owed by you to pay any Affiliate and (ii) any duty of yours to pay us against any liability of any Affiliate to pay you. Any penalties shall be fulfilled by the net settlement of the sums owed between us concerning all the outstanding terminated Transactions (whether by payment, set-off, or other means). Any net amount for all the exceptional completed Transactions determined by us following the previous due either from you to us or from us to you shall be immediately payable upon its calculation. Concerning each outstanding terminated Transaction, we shall determine its total cost, loss, or gain (including, if appropriate, any loss of bargain, cost of funding, or other loss or gain as a result of the termination). For the duration that an Event of Default has happened and is ongoing, we shall not be required to make any payments or deliveries that are expected to be paid by us under a Transaction or these Terms of Business.
You may instantly end our Terms of Business by giving us written notice. We may terminate our business relationship with you by giving you ten (10) business days’ notice, except in situations in which you have not complied with any of the terms of this agreement, an Event of Default has occurred, or you have no open transactions in your Account at the time the notice of termination is sent. We may close out any of your available Transactions at the end-of-day Closing Price at any time following the termination of these Terms of Business without giving you prior notice. Termination shall not affect any accrued rights, remedies, or the existence or enforceability of any open Transaction. Unless otherwise specified, shall continue until close in line with these Terms of Business. All payments due by you to us upon the termination of these Terms of Business, including but not limited to: (a) all unpaid fees, charges, and commissions; (b) any dealing costs incurred by termination of these Terms of Business; and (c) any losses and expenses realized in closing out any Transactions or settling or concluding outstanding obligations incurred by us on your behalf, will become immediately due and payable.
The price displayed on the HEDGECENT occasionally does not precisely reflect the market rates due to Internet arbitrage, network issues, and price feed mistakes. ARBITRAGE IS NOT PERMITTED BY HEDGECENT ON THE HEDGECENT ONLINE FACILITY. TRANSACTIONS BASED ON OPPORTUNITIES FOR PRICE LATENCY ARBITRAGE MAY BE VOID WITHOUT NOTICE. HEDGECENT RESERVES THE RIGHT TO IMMEDIATELY AND WITHOUT NOTICE MAKE THE NECESSARY CORRECTIONS OR ADJUSTMENTS TO THE ACCOUNT INVOLVED. HEDGECENT Group will resolve any dispute resulting from such quoting or execution errors at its sole and absolute discretion. HEDGECENT is under no duty to contact you to suggest a course of action in light of shifting market conditions or for any other reason. Suppose any liabilities, losses, damages, costs, or expenses are incurred with the provision of the services under these Terms of Business to you. In that case, you agree to indemnify and hold harmless HEDGECENT, its Affiliates, directors, officers, employees, and agents. That is provided that no such liabilities, losses, damages, costs, or expenses have been caused by our gross negligence, fraud, or willful default.
Limitations, Exclusions, and Indemnity
Nothing in these business terms shall limit or exclude any obligation or liability we have to you under the Act (as may be amended or replaced from time to time). A broad exclusion Any losses, damages, costs, or expenses (including direct, indirect, incidental, punitive, consequential loss, loss of profits, lost data, loss of use of the HEDGECENT Online Facility, business interruption, costs of substitute services, or downtime costs) incurred or suffered by you under these Terms of Service shall not be the responsibility of us or our directors, officers, employees, or agents. To the fullest extent allowed by law, we will not be responsible for losses incurred by you or any third party for any special damages, loss of profits, loss of goodwill or reputation, or loss of business opportunity arising under or in connection with these Terms of Business, whether resulting from negligence, breach of contract, misrepresentation, or other causes. Nothing in these Business Terms will restrict our responsibility for wrongful death or other serious personal injuries brought on by our carelessness.
Trading Losses: To be clear, under no circumstances will we be liable to you or accountable for any losses or other charges or expenses resulting from or connected with your placing orders with us or executing transactions with us. Tax repercussions: Without restriction, we do not bear responsibility for any adverse tax repercussions of any Transaction. Market fluctuations: We expressly disclaim all responsibility for any delays or changes in market conditions that may occur before any transaction is completed.
HEDGECENT cannot be held liable for communication errors, omissions, or delays when using the HEDGECENT online trading platform because HEDGECENT has no control over signal strength, its reception or routing via the Internet, the configuration of your equipment, or the dependability of its connection (s). Amendments: The terms and conditions of these Terms of Business are subject to change at any moment, and we retain the right to do so in line with the Act by posting the updated terms on the HEDGECENT website. You are in charge of keeping up with any changes to these Terms of Business and agreeing to be bound by them. You are not permitted to change these terms of business unless a HEDGECENT officer has approved the adjustment in writing. An amendment will not impact any active Order or Transaction unless otherwise specified. You can close your open Margin Transactions and your Account in compliance with these Terms of Business by giving us notice that you do not desire to accept any revision we make to these Terms of Business.
Rights and remedies: These Terms of Business’ rights and remedies are in addition to, not exclusive of, those guaranteed by law. We shall not be obligated to exercise any right or remedy in a way or at a time that is advantageous to you. No delay or failure on our part to execute any right or remedy provided in these Terms of Business (including any Transaction) or elsewhere shall be construed as a waiver of that right or remedy or any other right or remedy. A right or remedy may not be used only once or in part; neither may it be used in conjunction with another right or remedy. Set-off: We may at any time and without prior notice to you set off any amount (whether actual or contingent, present or future) owed between you and us without affecting any other rights to which we may be entitled. The legality, validity, and enforceability of the remaining provisions of these Terms of Business, as well as the legality, truth, and enforceability of such provision under the law of any other jurisdiction, shall not in any way be affected or impaired if at any time any provision of these Terms of Business is or becomes illegal, invalid, or unenforceable in any respect under the law of any jurisdiction. The agreement between the parties concerning the subject matter hereof is outlined in these Terms of Business, any references to other contracts, and any attached schedules. It supersedes all prior or contemporaneous oral or written communications, proposals, agreements, and representations. Waiver: We have the right to occasionally waive or modify any of these Terms of Business without giving you prior notice. No partial or solitary exercise of any term, condition, right, or power shall preclude any other or further exercise of all or any of our other rights and remedies against you. Neither shall our failure or delay in exercising or relaxing any provision of these Terms of Business operate as a general waiver of the term, condition, right, or power in question. We shall be permitted from time to time, with or without notice, to allow you to breach such limits or parameters where these Terms of Business specify certain limits or parameters to your trading activities or Margin requirements.
Call recording: We reserve the right to record calls without a warning tone to capture all pertinent details about the Transaction as soon as they are said and as accurately as possible. These documents will be our sole property; you must accept them as proof of any orders or instructions. Communications made electronically between us shall, subject to Applicable Regulations, have the same legal effect as written communications. By signing these Terms of Business, you agree to receive communications made using electronic means instead of a durable medium, as required by applicable regulations. Electronically transmitted orders and instructions to you will be considered proof of their delivery. By checking this box, you agree that HEDGECENT may deliver trade confirmations and account information online rather than by mail or email. Using your Access Code, you will have access to this data. Absent a Force Majeure Event or service interruption, updated information will be available no later than twenty-four hours after any activity on your Account. This consent must be revoked in writing if you decide you no longer want to communicate in this manner. Before signing the signature page of these Terms of Business, you must let us know if you do not want to connect with us online.
Our Records: Unless they are proven to be inaccurate, our records will serve as proof of your interactions with us concerning our services. You won’t raise a defense that using our records as evidence in court is improper because they are copies, computer-generated documents, or neither originals nor in writing. You won’t be able to rely on us to meet your record-keeping requirements, though we may, at our sole discretion, make records available to you upon request.
Your Records: You must maintain sufficient records in compliance with the relevant regulations to show the type of orders issued and when such charges were submitted. Rights of third parties: None of the provisions of these Terms of Business are meant to be enforced by anyone who is not a party to them, as stated by the parties. Cooperation for proceedings: You agree to cooperate with us as entirely as is practical in the defense or prosecution of any action or proceeding that is brought by or against us in connection with these Terms of Business or arising out of any act or omission by us required or permitted under these Terms of Business. Law that governs a transaction subject to market rules is the law that those rules apply to that transaction.
Risk Disclosure Statement for Foreign Exchange and Derivatives Transactions (Including Contracts for Differences)
In consideration of HEDGECENT Ltd. (“HEDGECENT”, “we”, or “us”) entering into over-the-counter (“OTC”) contracts for differences and spot foreign currency contracts (“Spot FS Contracts”) with the undersigned (“Customer”, “you”, or “your”), Customer acknowledges, understands, and accepts that:
HEDGECENT Ltd., a Private Limited Liability Company, incorporated in accordance with the laws of Malta and has its registered office at 168 St. Christopher Street, Valletta VLT 1467, Malta, EU, and a Corporate Registration Number of C/56519, is licensed by the Malta Financial Services Authority (“MFSA”) as a Category 3 Investment Services Provider IS/56519.
This statement, an addendum to the Retail Client Agreement and the General Terms & Conditions, cannot and does not disclose or explain all of the risks and other critical facets associated with trading foreign exchange and derivatives. As a result, engaging in these types of transactions has a considerable risk for your capital, which could ultimately result in loss. Please get in touch with HEDGECENT for additional information if you desire a more thorough grasp of the dangers involved.
Due to the dangers involved, you should not trade in the products mentioned earlier unless you fully comprehend the nature of the contracts and the contractual legal relationship you are entering. Foreign exchange derivatives transactions are not suitable for many members of the general public. You should carefully examine whether foreign exchange transactions suit you based on your experience, objectives, financial situation, and other pertinent facts.
When uncertain, it is prudent to seek independent financial advice.
Trading Foreign Exchange and Derivatives Is Extremely Speculative and Risky
Trading Spot FS Contracts is highly speculative and carries a substantial risk of loss; it may not be suited for all investors, but only for those clients who meet the following criteria:
a) are aware of and willing to undertake the economic, legal, and other associated risks;
(b) are competent and experienced in trading derivatives and underlying asset types; and
c) are financially capable of assuming losses significantly in excess of margin or deposits, as investors may lose the entire contract value and not just the margin or deposit.
Spot FS Contracts are inappropriate investments for retirement funds. FS trades are among the riskiest investment forms and can result in substantial losses. Customer indicates, warrants, and acknowledges that Customer understands these risks, is willing and able (financially and otherwise) to undertake the risks of trading Spot FS Contracts, and that the loss of Customer’s whole Account balance will not adversely affect Customer’s standard of living.
Risks associated with Long holdings, i.e., for purchasers
Being Long in a indicates that you are purchasing on the market with the expectation that the underlying asset’s market price will climb between purchase and sell. As the holder of a long position, you will typically earn a profit if the underlying asset’s market price rises while your long position remains open. If the market price of the underlying asset declines while your long position is active, you will typically incur a loss. Therefore, your potential loss may exceed the initial margin deposit. Additionally, you may incur a loss if you cannot maintain an open position because your Account lacks sufficient liquidity to provide the required margin.
Risks associated with Short positions, i.e., for sellers
Being Short in a signifies selling the on the market with the expectation that the underlying asset’s market price will decline between the time of purchase and sale. As the owner of a short position, you will typically earn a profit if the market price of the underlying asset declines while your short position remains open. In contrast, if the underlying asset’s market price rises while your short strategy is active, you will typically incur a loss. Therefore, your potential loss may exceed the initial margin deposit. Additionally, you may incur a loss if you cannot maintain an open position because your Account lacks sufficient liquidity to provide the required margin.
High leverage and low margin might result in rapid financial losses.
High “Gearing” or “Leverage” is a distinguishing characteristic of Spot FS Contracts. Due to leverage, investing in is riskier than investing in the underlying asset. That is due to the margining method applicable to , which often includes a tiny deposit compared to the transaction amount. As a result, a relatively minor price change in the underlying asset can disproportionately impact your trade. That can be both beneficial and detrimental. On the other hand, a little price movement in your favor might result in a substantial return on your deposit.
In contrast, a tiny price movement against you can result in significant losses that may exceed the amount of money you initially deposited. These losses can occur rapidly. The risk increases as leverage increases. The outcome of an investment is consequently influenced in part by the degree of leverage.
Impact of “Gearing” or “Leverage”
Foreign currency and derivatives transactions are precarious. Due to changeable market conditions, the significant degree of “Leverage” or “Gearing” that is typically available in foreign exchange and derivatives trading can operate for and against you. If the market goes against you, you may not only lose your initial margin deposit and any extra monies invested in maintaining your position, but you may incur additional responsibility to HEDGECENT. You may be required on short notice to deposit other monies to preserve your position. If you fail to comply with a request for additional money, HEDGECENT may close your position(s) on your behalf, and you will be responsible for any resultant loss or deficit.
Risk-reducing Orders or Strategies
The placement of specific orders (such as “stop-loss” or “stop-limit” orders), which are designed to limit losses to a particular amount, may not be adequate due to market conditions or technological constraints that may make it difficult to execute such orders, e.g., due to market illiquidity. It should be emphasized that methods using multiple positions, such as “Spread” and “Straddle” positions, maybe just as dangerous as adopting basic “long” or “short” options.
Customers must always maintain the required minimum margin on all open positions. The Customer is responsible for monitoring their Account balance. If the Account’s margin is too low, the Customer may be required to deposit extra funds. In addition, HEDGECENT has the right to liquidate any or all open positions anytime the required minimum margin is not met. That may cause the Customer’s Spot FS Contracts to be closed at a loss, for which you will be liable.
Our Spread is the difference between Our Bid Price and Our Ask Price. Since we function as a market maker, we set our Spreads at our discretion, and any changes take effect instantly. Our Spread, Leverage, Rollover Fees, and Trading Hours for each Market are detailed on the Trading Conditions and FS Trading Conditions parts of the HEDGECENT website.
The Customer understands that Spot FS Contracts can only be paid in cash and that the difference between the purchase and sale price contributes to the investment return.
Divergences of Interest
As the counterparty to all Transactions executed according to the Customer Agreement, HEDGECENT’s interests may conflict with yours. Our policy on conflicts of interest is posted on the HEDGECENT website.
When trading Spot FS Contracts with us, such Transactions are known as OTC (Over Counter) transactions because they are not executed on a recognized or regulated investment exchange. All positions must be closed with us; they cannot be completed with any other organization. Because there is no exchange market on which to close out an open position, over-the-counter (OTC) transactions may be riskier than exchange-traded contracts. It may be impossible to liquidate an existing position, determine the value of a position resulting from an over-the-counter transaction, or evaluate the risk exposure. Bid Prices and Ask Prices may not be quoted by us based on the market’s best execution policies. Even when they are, HEDGECENT may find it challenging to establish a fair price, particularly when the relevant exchange or market for the underlying asset is closed or suspended. There is no central clearing, and no third entity guarantees HEDGECENT’s responsibility to pay the Customer. Consequently, the Customer is subject to credit risk with HEDGECENT. The Customer must solely look to HEDGECENT for the performance of any contracts in the Customer’s Account and the refund of Margin or Collateral.
It may be difficult or impossible to liquidate a position under certain market conditions, raising the risk of loss. That may occur, for instance, during periods of fast price fluctuation if the underlying asset’s price surges or decreases in a single trading session to the extent that trade is restricted or discontinued.
HEDGECENT determines prices, margins, and valuations, which may differ from prices reported elsewhere.
According to its Trading Policies and Procedures and Market Information Sheets, HEDGECENT will supply prices for use in trading, the valuation of Customer holdings, and establishing Margin Requirements. Accordingly, your Spot FS Contract’s performance will depend on the prices set by HEDGECENT and market changes in the underlying asset to which it pertains. Therefore, each underlying asset contains unique risks that affect the outcome of the respective .
Our pricing for a particular market is derived from the price of the appropriate underlying asset, which we get from external reference sources or exchanges. Price information for our Spot FS Contracts is obtained from wholesale market participants. Although HEDGECENT anticipates that these prices will be reasonably comparable to market prices, HEDGECENT’s prices may differ from those offered by banks and other market participants. HEDGECENT has broad latitude in determining and collecting margin. HEDGECENT is authorized to convert monies in the Customer’s Account for Margin into and out of the foreign currency at a rate of exchange established solely by HEDGECENT based on then-current money market rates.
Entitlement to Underlying Assets
You have no rights or duties over the underlying instruments or assets associated with your Spot FS Contracts. The Customer understands that can contain a variety of underlying assets, such as equities, indices, currencies, commodities, as detailed in the Trading Conditions and FS Trading Conditions sections of HEDGECENT’s website.
Investing in Spot FS Contracts and with an underlying asset listed in a currency other than your base currency carries a currency risk, as the value of your return may be affected by its conversion into the base currency when the Spot FS Contract is settled in a currency other than your base currency.
Trading With One Click And Immediate Execution
Once the Customer enters the notional amount and clicks “Buy/Sell” on the HEDGECENT Online Trading System, the order is immediately transmitted. That means there is no chance to check the Order after pressing “Buy/Sell,” and Market Orders cannot be canceled or amended. This feature may differ from previous trading methods you’ve utilized. Before trading online with HEDGECENT, customers should use the Demo Trading System to become acquainted with the Online Trading System. Customer acknowledges and agrees that by utilizing HEDGECENT’s Online Trading System, Customer accepts the risk of this immediate transmission/execution function and agrees to the one-click system.
Telephone Orders And Instant Delivery
Market Orders performed via the HEDGECENT Trading Desk over the telephone are completed when the HEDGECENT telephone operator announces “deal” or “done” after the Customer has placed the Order. Upon confirmation by the telephone operator, the Market Order has been executed and cannot be canceled. By placing Market Orders through the HEDGECENT Trading Desk, the Customer recognizes and agrees to this immediate execution and accepts the associated risk.
HEDGECENT Is Not A Customer’s Advisor Or Fiduciary.
Where HEDGECENT provides generic market recommendations, such recommendations do not constitute a personal recommendation or investment advice, have not considered your circumstances or investment objectives, and are neither an offer to buy nor a solicitation of an offer to buy Foreign Exchange Contracts or Cross Currency Contracts. Each decision by Customer to enter into a Spot FS Contract with HEDGECENT, as well as each decision as to whether a transaction is appropriate or suitable for Customer, is made independently by Customer. HEDGECENT is not acting as a consultant or fiduciary for the Customer. Customer agrees that HEDGECENT has no fiduciary duty to Customer and is not responsible for any liabilities, claims, damages, costs, and expenses, including attorney’s fees, incurred in connection with Customer following HEDGECENT’s generic trading recommendations or taking or not taking action based on any generic recommendation or information provided by HEDGECENT.
There Is No Guarantee of Recommendations.
The generic market recommendations supplied by HEDGECENT are based exclusively on the professional judgment of HEDGECENT’s staff and should be treated as such. The customer acknowledges that they enter into Transactions based on their discretion. Any market advice supplied is generic and may or may not align with the market positions or objectives of HEDGECENT or its affiliates.
HEDGECENT’s generic market recommendations are based on reputable information, but HEDGECENT cannot and does not guarantee their accuracy or completeness. Consequently, following these general guidelines will not decrease or remove the inherent risk associated with trading Spot FS Contracts.
There Are No Assurances Of Profit
When trading and Spot FS Contracts, neither profit nor loss avoidance are assured.
The customer has not received such assurances from HEDGECENT or its agents. The customer is aware of the risks associated with trading and Spot FS Contracts and has the financial means to withstand such risks and losses.
Customer Might Not Be Able To Fill Available Positions
HEDGECENT may be unable to close out the Customer’s position at a price chosen by the Customer. The risk controls implemented by HEDGECENT may not function due to market conditions that may create swift market price movements or other factors. The customer accepts that HEDGECENT is not responsible for failing to comply.
Internet and Electronic Commerce
Trading on HEDGECENT’s trading system may differ from trading on other electronic systems and on a traditional or open market. Trading on an electronic trading system exposes you to risks associated with the system, such as the failure of hardware and software, system downtime, and the communications infrastructure (such as the internet) linking HEDGECENT’s platform with HEDGECENT’s customers. In the event of a system breakdown, your order may not be executed following your instructions or at all. In addition, you may not be continually informed about your positions and the fulfillment of margin requirements.
HEDGECENT shall not be liable for any claims, losses, damages, costs or expenses caused, directly or indirectly, by any malfunction, disruption or failure of any transmission, communication system, computer facility or trading software, whether belonging to HEDGECENT, Customer, any exchange, or any settlement or clearing system, when Customer trades online (via the internet).
HEDGECENT is not liable for interruptions, breakdowns, or malfunctions of telephone facilities and does not guarantee telephone accessibility. The customer acknowledges that HEDGECENT may not always be accessible via telephone. In such instances, the Customer must place their order using another method provided by HEDGECENT.
HEDGECENT is not responsible for any subsequent mistakes in Account balances in the event of a quotation error (including answers to Customer requests) and reserves the right to make any necessary changes or adjustments to the affected Account. Any dispute originating from such quotation errors shall be addressed based on the fair market value, as assessed by HEDGECENT in its sole discretion and good faith, of the relevant market when the error occurred.
HEDGECENT will use its best efforts to execute Transactions at or near the prevailing market prices in instances where the overall market prices differ from the prices displayed on our screen. These current market pricing will be reflected on the final customer invoices. That may or may not harm the Customer’s realized and unrealized gains and losses.
Contract Conditions and Terms
You are responsible for thoroughly comprehending the trading regulations and terms and conditions of the transactions to be executed or the Retail client Agreement, including, but not limited to, any language detailing risk factors such as volatility, liquidity, etc.
During a weekend (Friday 22:00 CET – Sunday 23:30 CET) or a holiday, when the financial markets are typically closed for trade, several circumstances may cause the markets to open at a significantly different price than where they closed. Customers of HEDGECENT will not be able to utilize the HEDGECENT trading system to place or modify orders over the weekend, on market holidays, or at other times when markets are closed. As a result, there is a strong possibility that stop-loss orders left to safeguard open positions held during these times will be executed at prices substantially worse than the price stated.
Fees and Remunerations
Before you begin trading, you must get information from us regarding all commissions and other fees for which you will be responsible. These expenses will impact your net income or loss.
Money and Security
You confirm that you can afford to lose the funds you deposit with HEDGECENT. When you deposit funds with us, they are typically maintained in a segregated client account held with one or more authorized credit or financial institution/s located in Malta or an EEA member state, as indicated on the HEDGECENT website from time to time. The regulations regarding client funds and the Safeguarding of Client Assets shall be applicable. You realize that storing funds in a segregated client account may not provide comprehensive protection, mainly if any third-party institution/s entrusted by HEDGECENT to hold client assets becomes insolvent.
Risks to Asset Management and Advisory Services that are unique
HEDGECENT Ltd. is not required to discontinue conducting transactions when the Account’s assets decline, even if the decrease is significant. Therefore, the Customer agrees to monitor the progress of their Account to be able to discontinue the asset management service if the results do not meet their expectations or requirements.
Customers will be eligible for compensation under some circumstances if we cannot fulfill our responsibilities and obligations arising from your claim.
How will we use the private data?
The following are some uses of personal information we may make:
To set up and maintain your account, validate your identity, and
We will need to confirm your identity to set you up as a customer, and we will need to use those details to manage your account to ensure you are receiving the best service from us. That is all part of the process of providing services, or information about our services, to you. That can involve outside parties doing identity or credit checks on our behalf. Not only is it in our best interests to use your personal information in this way, but we also need to know who you are to comply with legal requirements relating to Know Your Customer.
To assess your ongoing needs, we supply you with products and services or information about our products and services.
We will need to utilize your personal information to provide our services and uphold our duties to you whenever you register an account, subscribe to an update or webinar, or otherwise interact with us. In order to make sure we are offering the finest products and services, it is also in our legitimate interest to periodically examine your needs. This way, we can ensure you receive our most outstanding products and services.
To assist us in creating and marketing new products and services, as well as enhancing our existing ones (including customer services),
When you use the services or participate in customer surveys, we may, from time to time, utilize the personal information you submit to help us improve our goods and services. We use your data in this way because it is in our legitimate interests to do so to give you the finest products and services possible and to maintain our position as an industry leader.
To create a profile of you.
In order to better understand you and offer the best products and services possible, we may, from time to time, create profiles about you using the personal information we have about you. You might be unable to utilize our services if we make decisions about you based on automatic credit checks or automated profiling. It’s possible that we must do this to uphold our legal duties or because doing so is in our legitimate interest.
To look into or resolve complaints or inquiries.
As it is in our legitimate interests to guarantee that concerns or disputes be investigated and addressed as soon and efficiently as possible, we may need to utilize your personal information to analyze issues or settle disputes with you.
Must abide by all applicable regulations, laws, court orders, other judicial processes, or other requirements
We might use your personal information to abide by applicable regulations, laws, court orders, or other legal processes. In addition to doing this to uphold our legal commitments, we may also be acting in our own best interests.
To give testimonials about you.
Periodically, outside parties, such as credit agencies, may approach us asking for a credit reference about you so they can do identity and credit checks on you. We may have a reasonable reason to uphold our legal duties or be required to do so to enforce a legal requirement. However, we will first consult with you if we are unsure before offering any references.
Sending you surveys
To guarantee that we give you the best service possible, we may occasionally send you surveys as part of our customer feedback process. Of course, this is in our legitimate interest. But sometimes, we might also invite you to take part in additional surveys, and if you do, we’ll rely on your permission to use the personal data we gather as part of those surveys. Before survey results are shared with any third parties, all replies to surveys we send out—whether for customer feedback or other purposes—are aggregated and depersonalized.
Web beacons, pixel tags, and other similar data analysis tools may be used on our web pages and emails to track the number of people who have visited our website or opened our correspondence and the receipt of correspondence. We don’t need a legal foundation if your personal information has been entirely anonymized because it no longer qualifies as personal information. However, it is in our legitimate interest to periodically review your personal information when it is not anonymized to ensure that the goods and services we offer are appropriate for the market.
To keep you informed about our newest products and services, we may use your personal information to send you marketing communications via email, phone, or other formats that have been mutually agreed upon (including social media campaigns). If we want to send you marketing materials, we will either do so with your permission or because it is in our best interest.
Internal corporate needs and record keeping
Your personal information might need to be processed for internal business, research, and record-keeping. Such processing is necessary to uphold our legal duties and serve our legitimate interests. Any correspondence regarding the services we offer you and our relationship with you may fall under this category. Additionally, we’ll maintain records to ensure you honor the terms of your agreement with us.
We may need to utilize your personal information in connection with corporate restructuring or purchasing all or a portion of our business by a third party. Your data might be disclosed as part of a due diligence procedure for such usage. As long as we follow any legal obligations we may have to you, using your information in this way is in our legitimate interest.
For security purposes, we may capture your image on CCTV if you enter one of our locations. We might also collect your information to track who has visited our location on any given day. Doing this is in our legitimate interest to keep our workplace safe and secure.
The private data we save about you.
The details about any possible rights you may have about the personal data we may have on you are provided below.
If you request it, we will confirm whether we are handling your data and, if so, give you a copy of it (along with specific other details). We might charge a fair administration fee if you need more documents.
You have the right to request that any incomplete or erroneous personal information we may have about you be corrected. Wherever possible, we will notify any parties with whom we have disclosed your data of the correction. Where it is practicable and legal to do so, we will also, upon request, inform you of the recipients of your personal information so that you may make direct contact with them.
In certain situations, such as when we no longer need it or withdraw your consent (where applicable), you can request that we delete or remove your personal information, provided that we are not required by law to keep it. As stated in the section under “How do we retain personal information and for how long,” such a request will be subject to any retention restrictions we must follow in line with applicable laws and regulations. Wherever feasible, if we have disclosed your personal information to anybody else, we will let them know it has been deleted. Where it is practicable and legal to do so, we will also, upon request, inform you of the recipients of your personal information so that you may make direct contact with them.
In certain situations, such as when you challenge the accuracy of that personal information or object to its processing, you may ask us to “block” or suppress the processing of your personal information. However, it won’t prevent us from keeping your data on file. Before we lift any restrictions, we’ll let you know. Wherever possible, if we have disclosed your private information to anybody else, we will make them aware of the limitation. Where it is practicable and legal to do so, we will also, upon request, inform you of the recipients of your personal information so that you may make direct contact with them.
Portability of Data
You have the right, in some situations, under the General Data Protection Regulation (679/2016), to get the personal information you have given us in a structured, frequently used, and machine-readable format and reuse it elsewhere or request that we transmit it to a third party of your choosing.
We shall comply with your request to stop processing your personal information if we are:
Using your personal information for research unless required to complete a task in the public interest, using your personal information for direct marketing, or using our or another person’s legitimate interests to process it unless we can show compelling legal grounds for the processing.
Automated profiling and decision-making
You can ask not to be subject to a decision if we have solely relied on an automated process to make one about you (such as automatic profiling) unless we can convince you that the decision is required for the execution of a contract between you and us or has another significant impact on your ability to use the services. Even when a decision is necessary to conclude or carry out a contract, you have the right to challenge it and request human intervention.
Cookies are small data files that websites you visit the place on your computer to help you do specific tasks there and customize the website’s content to your tastes. They may save data on pages where you have provided sensitive information (such as a password), but only after you have been asked. You have consented to the preservation of this information. Cookies may be used on some website pages to give visitors a more personalized web surfing experience; they are not used to identify individuals who only view the website anonymously.
The types of cookies we employ
These cookies are transient because they are removed once your browser is closed. Session cookies keep track of the data you give us as you move around our website’s various pages.
You can disable session cookies in your browser’s privacy settings, but remember that doing so might make your surfing experience less enjoyable, especially if you disable them on all websites.
We employ analytical cookies to track how you use our website and how long you use it. These cookies can be both transient and persistent. While analytical cookies do not reveal personal information about you, they assist us in enhancing how we provide our content to you.
For information on how to disable analytics cookies on your browser, consult the privacy settings there.
Functional cookies keep track of and preserve your preferences so that your experience on our website is more consistent. Functional cookies help us with this by, among other things, remembering your chosen language each time you visit.
For information on how to reject functional cookies, consult the urgent privacy options of your browser.
You can deactivate the use of these cookies through the privacy settings on your browser, but be aware that doing so will also disable all the features, as mentioned earlier.