2021-03-07 11:19

1. Introduction 導言
2 Definitions 定義
3 Client categorisation客戶分類
4 Our services我方服務
5 Financial Market Information金融市場信息
6 Pricing定價
7 Attorneys代理人
8. Commissions, charges and other costs傭金、收費和其它費用
9 Introducing Agents中介代理人
10 Margin arrangements保證金安排
11 Title transfer of cash and client money現金所有權轉賬與客戶資金
12 Instructions, Security Information and other operational issues
13 Confirmations and statements確認書及報表
14 Telephone dealing電話交易
15 Transactions relating to CFDs 價差合約交易
16 Payments for differences價差支付
17 Dividend 股利
18 Closing a Transaction平倉交易
19 Reference Price correction參考價格修正
20 Adjustments and modifications調整與修訂
21 Representations申述
22 Market abuse 市場操控
23 Settlement, liquidation and automatic rollover沖銷、清算及自動轉倉
24 Payments and default interest付款及違約利息
25 Default and termination違約及終止
26 Suspension or withdrawal of Electronic Services暫停或撤銷電子服務
27 Nothing in these Terms shall exclude or restrict any duty we may owe to you under the Act.
28 Suspension and market disruption暫停及市場中斷
29 Conflicts of interest利益沖突
30 Data protection and confidentiality of information數據保護及信息保密
31 Notices通知
32 Intellectual Property知識產權
33 Risk acknowledgement風險確認
34 General一般規定
35 Governing law and jurisdiction準據法及管轄權
36 Distance marketing information遠距營銷信息
SCHEDULE 3 附表3 Summary of Conflicts of Interest Policy利益沖突政策摘要
1. Introduction 導言
1.1 These Terms and Conditions of Business (including the Schedules) (「Terms」) set out the basis on which Fan Hua Group Limited (「FanHua」, 「we」, 「us」) will provide dealing services in relation to FX and CFDs to you.
本商業條款及條件(包括附表)(以下簡稱「合約條款」)為 Fan Hua Group有限公司(以下簡稱「FanHua」,「本公司」,「我方」)向貴方提供外匯和價差合約交易服務所訂立的依據。
1.2 Transactions in FX and CFDs carry significant risks. Such transactions may entail contingent liability and give rise to the obligation to pay Margin. You should read the FX and CFD Schedules (Schedule 4 and Schedule 5) very carefully.
1.3 These Terms shall come into force on the date that we acknowledge receipt of the signed Application Form from you. 本合約條款自我方確認收到貴方簽署的帳戶申請表之日起生效。 By completing and signing the Application Form you acknowledge that you understand and agree to be bound by these Terms. You should not sign the Application Form if you are unsure of the whole or any part of these Terms.
1.4 You must ensure that you are familiar with all aspects of these Terms, in particular, but not limited to, the provisions concerning trading activities, margin, spreads, trading hours and risks that may affect your liability to us or our liability to you.
1.5 You must satisfy yourself that you understand all risks involved in leveraged trading and that you willingly accept these risks. If you are in doubt, you should seek professional advice. We act as principal and our service is 『execution-only』. This means that we are acting only on your instructions and will not advise you in relation to, or make any recommendation of, any Transaction.
1.6 Our employees are not authorised to offer trading advice to clients. If any employee of FanHuawere to advise on the suitability of a particular trade this advice would be given against FanHua』s company policy and the employee』s employment terms. Any such advice should therefore not be relied upon.
1.7 These Terms apply only to FX and CFD trading and only where you are acting as a Retail Client.
2 Definitions 定義
2.1 the Act法案
the Financial Services and Markets Act 2000 2000年金融服務和市場法。
In these Terms the following terms shall have the following meanings: 合約條款的術語定義如下:
Applicable Regulations適用法規
the Act, the FSA Rules or any other rules of a relevant regulatory authority, the rules of any relevant exchange and any other applicable laws, rules and regulations as in force from time to time
a relevant market index or sector index relating to a Future or a spot price on which a CFD may be based
patents, trade marks, service marks, registered designs, design rights, copyrights (including copyright in computer software), inventions, trade secrets and other confidential information, know-how, rights in databases, business or trade names (including internet domain names and e-mail address names) and all other intellectual and industrial property and rights of a similar or corresponding nature in any part of the world, whether registered or not or capable of registration or not and including the right to apply for and all applications for any of the foregoing rights
2.2 These Terms may change from time to time due to changes in regulatory rules or statutes.
In these Terms, unless the context otherwise requires:
References to statutory provisions, enactments or EC Directives shall include references to any amendment, modification, extension, consolidation, replacement or re-enactment of any such provision, enactment or EC Directive (whether before or after the date of these Terms), to any previous enactment which has been replaced or amended and to any regulation, instrument or order or other subordinate legislation made under such provision, enactment or EC Directive, except where expressly stated to the contrary.
2.3 The provisions contained in the attached Schedules (as amended from time to time) shall apply. We may from time to time send to you further Schedules in respect of Exchanges, markets or Transactions. If there is any conflict between the clauses of any Schedule and these Terms, the provisions in the Schedule shall prevail. The fact that a provision is specifically included in a Schedule in respect of one Exchange, market or Transaction shall not preclude a similar clause being expressed or implied in relation to any other Exchange, market or Transaction.
3 Client categorisation客戶分類
We are required to categorise all of our clients and, on the basis of the information you have provided to us, we have categorised you as a Retail Client. You have the right to request a different client categorisation, although we are not bound to agree to such a request. However, if we do agree and you are recategorised, you would lose the protection afforded by certain FSA Rules.
4 Our services我方服務
4.1 Subject to the FSA Rules and any restrictions contained in these Terms, we will deal with you in CFDs and FX.
 In respect of every Transaction made between you and us, we shall deal as principal with you on the basis that you are our client and that you will be liable to us as principal.
4.2 Our services shall be limited to entering into Transactions for you on an execution-only basis. In no circumstances will we act for you other than on a specific instruction or in accordance with these Terms. We will not advise you on the merits of any Transaction entered into under these Terms nor the taxation consequences or the composition of any account.
4.3 When executing your orders we are obliged to take all reasonable steps to obtain the best possible result for you taking into account various factors. The way in which we seek to achieve this is set out in our Order Execution Policy at Schedule 2.
4.4 Subject to these Terms, we will quote prices and accept orders or instructions in respect of any Transaction during our Trading Hours.
4.5 You shall enter into each Transaction in sole reliance upon your own judgement. You represent that you have sufficient knowledge to evaluate and understand the terms, merits and risks of such Transactions and that you are willing to assume those risks.
4.6 We shall have no obligation to contact you to advise upon appropriate action in light of changes in market conditions or otherwise. You acknowledge that the FX and CFD markets are highly speculative and volatile and that, following execution of any Transaction, you are solely responsible for making and maintaining contact with us for the purpose of monitoring the position and ensuring that any further instructions are given on a timely basis.
4.7 If you instruct us to enter into any Transaction which is effected in a currency other than the Base Currency:
(a) any profit or loss arising as a result of a fluctuation in the exchange rate affecting such currency will be entirely foryour account;
(b) all Margin payments shall be made in the currency in which the Transaction is to be effected in such amounts as we in our sole discretion may require; and
(c) we are authorised to convert funds in your account(s) into and from the said relevant currency at the rate of exchange obtained by us from our bankers, insofar as we shall at our absolute discretion consider that such conversion is necessary to protect our position.
4.8 Once an order or instruction has been given by you or on your behalf it cannot be rescinded, withdrawn or amended without our express consent. We may at our absolute discretion refuse any dealing instruction given by you without giving any reason or being liable for any resulting loss.
4.9 We may accept or reject your offer to buy or sell at any time until the order is executed by us or an intermediate broker, as the case may be. A Transaction shall be deemed executed when your order is confirmed by us.
5 Financial Market Information金融市場信息
5.1 You will provide us with all such information, data and documents as we shall reasonably request in order to permit us to provide the Electronic Services in an efficient manner. You agree to comply with all such Applicable Regulations and any other legal or regulatory requirements pertinent to you and your trading activity using Electronic Means.
5.2 We may either directly or indirectly permit you to access Financial Market Information published by Third Party Providers via Electronic Means. We may provide links on our Trading Platform to other internet sites sponsored and maintained by third parties. Such sites are publicly available and we provide such access to you solely for your convenience. We make no representations or warranties concerning the content of such sites and the provision of access to such sites does not constitute our endorsement, authorisation or sponsorship of such sites. We make no representations or warranties concerning the accuracy or completeness of any Financial Market Information whether provided by us or any Third Party Provider. You expressly confirm and acknowledge that you are aware and fully understand that:
5.3 The supply of Financial Market Information may be subject to variation or withdrawal either by us or the Information Provider without notice. The Financial Market Information and the rights of Information Providers in such information is or may be protected by law and you undertake not to reproduce, retransmit, disseminate, sell, distribute, publish, broadcast, circulate or commercially exploit any Financial Market Information without obtaining our prior written consent.
5.4 No Financial Market Information communicated to you by us constitutes an offer to sell or the solicitation of an offer to buy any investment (or to enter into any Transaction which you may request us to enter into on your behalf). The Financial Market Information provided to you by us is not to be construed as a personal recommendation or advice to you by us and, if you need advice, you should seek independent financial advice accordingly.
5.5 We reserve the right to set limits and/or parameters or other controls which we in our absolute discretion considerappropriate to control your ability to use the Electronic Services by using a pre-programmed filter or by any other means. Such limits and/or parameters may be amended, increased, decreased, removed, or added by us without prior notice to you. These limits, parameters or controls may include (without limitation):
6 Pricing定價
6.1 We shall quote prices at which we are prepared to deal with you. Save where we exercise any of our rights to close out a Transaction or a Transaction terminates automatically in accordance with these Terms it is your responsibility to decide whether or not you wish to deal at those prices.
6.2 Our bid and offer quotes are subject to the Trading Procedures and involve a spread between buying and selling prices. The confirmation in relation to each Transaction shall reflect the prices which are based upon our current quotes at the relevant time at which a trade is struck.
6.3 Our quotes shall be a bid or offer price (whichever is applicable) and such price shall apply only to a Transaction which is within the limits which we have agreed with you. If you place an order outside the agreed limit, we may provide an amended quote which you may, in your absolute discretion, accept or reject.
6.4 We cannot guarantee the accuracy of any information regarding price movements and shall not be liable for any trading losses incurred by you. All price quotations given to you may be subject to change or errors and you acknowledge that reliance upon such information is at your own risk.
6.5 The minimum and maximum trading quantity, the spread between buying and selling prices, the Margin requirements applicable to you, our trading hours, the list of available markets or exchanges and other matters relevant to the type of Transaction or market in which we are prepared to deal with you, shall be determined by us from time to time and we reserve the right at any time to modify any or all such provisions according to market conditions, including but not limited to market volatility, closure or illiquidity.
7 Attorneys代理人
7.1 If you wish us to deal with another person acting on your behalf (an 「Attorney」) at any time in relation to Electronic Services or via the telephone or both, you must inform us in writing of the name of such Attorney. We will deal with the Attorney upon production to us of a limited power of attorney given by you, as found in the Application Form. Such limited power of attorney shall be required in order for you to appoint your Attorney as an Authorised User or otherwise to give instructions on your behalf. We are entitled in our complete discretion not to deal with such Attorney if we wish. Any direction given by such duly appointed Attorney is to be understood as emanating from you and you will be fully responsible for all consequences of our acting upon such direction.
7.2 We shall only accept instructions from your Attorney if they relate to entering into Transactions on your behalf. Instructions relating to money transfers must come from you.
You, and not your Attorney, will be our client. When we assess the appropriateness of a Transaction in accordance with our obligations under the FSA Rules we shall, unless we agree otherwise in writing with you, consider your knowledge and experience in relation to Transactions and not the knowledge and experience of your Attorney.
7.3 Your Attorney is not a party to these Terms and is not entitled to enforce or vary them.
It is your responsibility to agree with your Attorney the terms upon which your Attorney will perform any services for you, such as the terms on which they will provide investment advisory services.
If you wish to revoke a power of attorney or grant a power of attorney to a different person, you must notify us in writing and provide us with a limited power of attorney in the name of the new Attorney. Changes to a power of attorney are only complete upon you receiving written confirmation from us.
8. Commissions, charges and other costs傭金、收費和其它費用
You shall pay to us the Charges set out in the Fee Schedule or otherwise notified to you.
8.1 We may vary the Charges without notice when the change is to your advantage or the grounds for changes are due to external circumstances beyond our control.
We may vary the Charges for any other reason, including as a result of market conditions, by giving notice to you. Such variations will take effect from the date specified in the notification.
We may share commissions and other charges with associates, Introducing Agents or other third parties or receive remuneration from them in respect of contracts entered into by us. Details of any such remuneration or sharing arrangements are available on request.
8.2 We may benefit from commission, mark-up, mark-down or any other remuneration where we act as counterparty.
The Charges will normally be deducted in full from your account on the closing of a Transaction and we retain the right to deduct such Charges as provided for in the Fee Schedule or otherwise notified to you.
9 Introducing Agents中介代理人
9.1 Where you have been referred to us by an Introducing Agent we shall not be responsible for any agreement made between you and your Introducing Agent.
9.2 You are specifically made aware that your agreement with your Introducing Agent may result in additional costs as we may pay fees or commission to such person. You acknowledge that any such Introducing Agent will either be acting as an independent intermediary or as an agent for you and that no such Introducing Agent shall be authorised to make any representations concerning us or our services.
When we accept dealing instructions from you we will require you to place a deposit (「Initial Margin」) with us with respect to the positions to be opened on your account. We reserve the right to determine the amount of Initial Margin required and to vary such amount according to Applicable Regulations and market conditions without prior notice to you for the purpose of protecting ourselves against loss or risk of loss on Transactions executed by us upon your instructions.
10 Margin arrangements保證金安排
10.1 Unless otherwise agreed, Margin will be held in the Base Currency.
Should the market price change from the time of the Transaction, or from the previous day』s closing price in respect of open positions held before that time, then we reserve the right to call upon you and you agree to pay such additional Margin payment (「Variation Margin」) before close of business on the day of demand into our bank account, which is established to receive and keep separate client funds.
10.2 It is your responsibility to monitor your open positions and make Margin payments to us immediately upon Margin becoming due, whether or not a Margin call is made of you. We are not obliged to make Margin calls of you at all or within any specific time period.
10.3 You are also responsible for maintaining appropriate arrangements with us at all times for the communication of Margin calls.
Until you have paid or discharged in full all monies and liabilities owed to us any monies from time to time outstanding to the credit of any of your accounts with us shall not be due and payable although we may in our absolute discretion make payments to you from such accounts. We shall be entitled at any time to retain or make deductions from credit balances which we owe to you and you consent to the investments and money in your accounts being subject to a general lien in our favour in order to meet any liabilities which you may have incurred to us, for example:
sums to be paid in settlement of Transactions or Margin calls;
settlement of Charges or any liabilities or costs incurred when exercising our rights under any provision of these Terms; and
10.4 You undertake neither to create nor to have outstanding any security interest whatsoever, nor to agree to assign or transfer, any of the Margin transferred to us. You agree that we may, free of any adverse interest of yours grant a security interest over Margin provided by you to cover any of our obligations to an intermediate broker, including obligations owed by virtue of the positions held by us or other of our clients.
10.5 In relation to CFDs, the following Margin requirements shall be paid by you:
(a) you shall pay us the relevant Margin Percentage multiplied by the Contract Value on the first Business Day of the term of the CFD; and
(b) on each Business Day during the term of the Transaction if the Contract Value is higher than the preceding Business Day』s close of business Contract Value, you will pay to us the amount of such increase multiplied by the Margin Percentage.