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TNFX-Term-and-Conditions

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0% found this document useful (0 votes)
8 views

TNFX-Term-and-Conditions

Uploaded by

zhehaahameed
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Term and Conditions

TNFX is the trade name of TNFX Ltd., a company registered in the Seychelles and authorized as a
Securities Dealer by the Financial Services Authority (FSA) of Seychelles with licence number
SD133 and its principal office located at CT House, Office 9A, Providence, Mahe, Seychelles and it
is main activities are providing brokerage in the online trading and executing transaction between
its clients and the global markets without interfering in the client lost or gain off the transaction
nor manage clients financial assets in one way or another.

These Terms constitute a legally binding contract between you and TNFX which you accept for
yourself and on behalf of any principal or principals on whose behalf you are acting as agent by
giving us instructions to deal or accepting services from us. These Terms supersede any other
general terms of business or similar documents that may have been previously issued to you by
us.

For your own protection, you should read and fully understand these Terms prior to submitting
your account application to TNFX. If you do not understand anything in these Terms or the
documents incorporated by reference, you should contact TNFX to ask for further information
or seek independent professional advice before you open an account, place any order or enter
into a transaction with TNFX.

Email: [email protected]
1. Risk Acknowledgement
1.1. The main activity of providing brokerage is the online trading and executing transaction
between its clients and the global markets without interfering in the client lost or gain off
the transaction nor manage clients financial assets in one way or another.
1.2. You acknowledge and understand that trading and investing in leveraged products:
a. Involves a high degree of risk;
b. Is appropriate only for persons who, if they trade on leverage, can assume the risk
of loss in excess of their initial and subsequent deposits.
1.3. You acknowledge and understand that:
a. Because of the low Margin normally required to trade in margined transactions,
price changes in the underlying asset may result in significant losses, which may
substantially exceed your investment and Margin deposit;
b. When you direct us to enter into a Transaction, any profit or loss arising as a result
of a fluctuation in the value of the asset, or the underlying asset will be entirely
for your account and risk;
c. We do not conduct any manual or automated monitoring of your Transactions or
transactions of other clients. Hence, we will not monitor the result of your
Transactions and cannot be held responsible for any Transactions that may
develop differently from what you may have presupposed;
d. Guarantees of profit or safety from loss are impossible in investment trading.
Even low risk investment strategies contain an element of uncertainty. You agree
that you have not received such guarantees or similar representations from us or
any of our employees or representatives, from any Referral Agent, Service
Provider, or any other entity with whom you deal with in connection with your
Account; and
e. TNFX does not control, does not endorse, and is not liable for the accuracy or
completeness of any information, recommendation or advice provided or given
by any Referral Agent.
1.4. You represent, warrant, and agree that you understand the aforementioned risks and
that you are willing and able, financially, and otherwise, to assume the risks of trading
in leveraged products and that the loss of your account balance and any resulting
negative account will not change your lifestyle.

Email: [email protected]
2. Products and Services
2.1. Subject to you fulfilling your obligations under this agreement, we may enter into
Transactions with you in the following instruments (“Instruments”):
a. Spot and forward bullion, currencies, and over the counter derivatives;
b. Financial futures and contracts for difference on commodities, indices, currencies
and base and precious metals;
c. Such other Instruments as we may from time to time offer.
2.2. Except as provided elsewhere in these Terms:
a. there are no restrictions on the types of investments in which you wish to invest
or the markets on which you wish Transactions to be executed;
b. we will assume that you do not intend any investment objectives, restrictions, or
limits to apply to your Account, unless you notify us otherwise in writing and we
confirm our acceptance in writing.
2.3. You agree that even though you and we have entered these Terms, we may refrain
from providing any of the services:
a. Until all of our internal procedures for establishing accounts have been completed
and the necessary internal approvals have been obtained;
b. If you are in breach of any of your obligations as set out in these Terms or any
other agreement you may have entered into with any member of the TNFX
Services.
2.4. We shall deal with you on an execution-only basis. We will not make personal
recommendations or advise on the merits of purchasing, selling, or otherwise dealing
in particular investments or executing particular Transactions, their taxation
consequences or the composition of any account or any other rights or obligations
attaching to such investments or Transactions. Where we, our employees, directors,
officers or agents have provided you with an explanation of to the terms of a
Transaction or its performance characteristics, such explanation does not itself
amount to advice on the merits of the investment.
2.5. Your Account enables you to access various services through the System, including
placing of Orders, legal notices and other information relating to the operation of the
System. If the System is unavailable for any reason, you may place an Order by
telephone.

Email: [email protected]
3. Incidental Activities
3.1. We may, from time to time, provide you, and other clients who receive an execution-
only service, with general trading information, independent research, market
commentary, or other data, facts, or information. These activities are incidental to our
relationship with you and are provided solely to enable you to make independent
investment decisions. You understand that we do not produce the information with
the intent of impacting your investment decisions and therefore release us from any
liability for Losses you may incur as a result of entering into any Transaction.
3.2. You further acknowledge and agree that:
a. We do not advise on the merits or perils of a particular Transaction or its taxation
consequences and make no representation, warranty, or guarantee as to the
accuracy or completeness of any market or other information furnished to you or
as to the legal, tax or accountancy consequences of your Transaction;
b. The information is being provided as general market commentary or compilation
of market information. It may reflect the opinion of the person generating such
information; however, it does not reflect our opinion and does not constitute an
offer or solicitation from us to you or to any of our clients;
c. The information does not amount to a general or personal recommendation or
advice;
d. Any market or other information communicated to you by us are
wholly incidental to the conduct of our business and to your dealing relationship
with us and are provided solely by us as a courtesy to you in order for you to make
your own investment decisions and it is not part of the services offered to you
and do not constitute personal recommendation or advice by us to you;
e. The information, independent research, or market commentary, although based
upon data obtained from sources believed by us to be reliable, may be inaccurate
or incomplete, may not have been verified and may be changed without notice
to you;
f. Where information is in the form of a document containing a restriction on the
person or category of persons for whom that document is intended or to whom
it is distributed, you agree that you will not pass it on contrary to that restriction;
g. You are solely responsible for making the decision whether to effect any
Transactions, including the timing, quantity, and price of such Transactions;
h. Where you have taken the information provided by us into consideration when
making your investment decisions, you represent that you have not relied on such
information exclusively but have conducted your own independent research and
made your decision as to the suitability of any Transaction to your investment
objectives and financial situation without placing reliance on the information
provided by us;

Email: [email protected]
3.3. We may, from time to time, also provide you, and other clients who receive an
execution-only service, with educational tutorials on trading our products and
services and on using the various Systems which we make available to you. These
activities are incidental to our relationship with you and are provided solely to assist
you in understanding the markets and risks associated with investment and to provide
you with a general understanding of the functionalities of the Systems.

4. Account Opening
4.1. An Account must be opened prior to making any Order or entering into any
Transaction. No Orders can be placed until an Account has been opened and cleared
funds received. Without prejudice to the foregoing.
4.2. To assess your creditworthiness, manage credit risk and to prevent fraud (or other
criminal activity) you acknowledge and agree that we may:
a. Make periodic searches and enquiries about you and any related party at credit
reference agencies, and your employers, if applicable;
b. Disclose information to organizations involved in fraud or money laundering
prevention; and
c. Obtain information from and disclose information to other investment firms
which deal for you concerning any payment or security default or concerning any
investment which is related to or connected with Transactions which you seek to
open with us.
4.3. Account limits do not limit or represent your liability for Losses to us, and the funds
you may have from time to time on deposit with us as Margin or otherwise do not
represent any limit upon your financial liability to us.
4.4. We may, at our sole discretion, refuse to open an Account for you and we are not
obliged to provide you with any reason for our refusal.

Email: [email protected]
5. Withdrawal Policy
Client logs into his account and places a withdrawal request. Back-office team process the
request along with the trading rules. In case the withdrawal requests are verified and
approved, the finance department issues payment via the payment method source that
selected at first time of client’s deposit. Back office communicates to the client the
confirmation of transfer via email and/or via his online account. The withdrawal destination
of the funds must be the same as the origin of the funds or an account proved to be owned
by the client.

6. Refund Policy
The withdrawals are credited back to you via the initial method of deposit. In case no transactions
/ orders executed via our systems for any reason and withdrawal request placed, the Company
will refund the withdrawal amount back to the same source, provided that the client sent the
requested information / documentation to the Company in order to meet its anti -money
laundering regulatory requirements and is satisfied with the provided documentation /
information.
For example, if your initial deposit was via credit card, then the withdrawal is credited to you via
the same credit card, with surplus funds (if applicable) credited to your Nominated Bank Account.
Company will process the relevant refund within one (1-2) business day. Moreover, the funds will
be posted to your bank account within 3-5 business days of being processed by us.
In case the Company is unable to remit the funds, or any partial amount thereof, to the same
remitter from and by the same payment method trough which such funds were initially received
by us, we reserve the right, but shall not be obliged under no circumstances, to transmit the funds
in an alternative payment method selected by us, at our sole discretion.
Please note that your bank, credit card company or electronic payment platform may be
responsible for delays and possible charges over which we have no control. Should you encounter
any delays after the provided time-frame please contact us in order to investigate it.

7. Account types
7.1. TNFX offers four types of accounts in order to meet the clients needs, as the
following:
a. Standard account: an account offered with a floating spread; no additional
commotions charged.
b. VIP account: an account offered with low floating spreads, varied among
traded instruments.
c. Zero account: an account offered with row spreads received from pricing sources
for FX and metal instruments only, in additional to 5$ commotion per lot added.
d. Fix Spread account: an account offered with fixed spread varied among traded
instruments, for FX and metals, and no commotions charged.
e. Cent account: It’s an account offered for mini lot for FX and Metals, and no
commissions charged.

Email: [email protected]
8. Access and Use of the System and/or Secure Access Website
8.1. We will provide you with a one or more unique usernames, passwords and/or other
devices necessary to enable you to access the service which will grant you secure
access to use the System and/or a Secure Access Website. You will need to provide
the Authenticators each time you wish to use the System and/or Secure Access
Website.
8.2. In relation to the Authenticators, you acknowledge and undertake that:
a. You will keep Authenticators confidential and will ensure that Authenticators are
used exclusively by you or your Account Manager. You will use adequate security
procedures to ensure the security of the Authenticators and to prevent
unauthorized access to and use of the services;
b. You assume full responsibility for any and all use, unauthorized use, or misuse of
the service by you, or persons authorized by you, or by any other person using
your Authenticators, and you acknowledge and agree that any breach by such
person of any of your obligations hereunder shall constitute a breach of such
obligations by you;
c. Other than with our prior written consent, you will not disclose your
Authenticators to persons other than your Account Manager for any purpose
whatsoever;
d. you will immediately notify us if you become aware of, or have reasonable
grounds to suspect, the loss, theft, or disclosure to any third party or of any
unauthorized use of your Authenticators;
e. we may rely on all instructions, Orders and other communications entered using
the Authenticators and you agree to be bound by any message or instruction
effected via the service (including, without limitation, the execution of
transactions and/or the instruction to change your Authenticators) through the
use of your Authenticators, regardless of whether or not the person
communicating such message or instruction was properly authorized by you,
except where such person’s receipt of your Authenticators was due to our gross
negligence or willful misconduct.
8.3. You agree that it is your responsibility to provide, at your own expense, all
equipment necessary for you to access and use the service, including, but not limited
to, computers, computer systems, servers, peripheral equipment, operating
systems, applications, communications software, internet access,
telecommunications equipment and other equipment and software including any
updates thereof. You are solely responsible for any losses, damages, or costs
incurred as a result of errors made by, or the failure of, such equipment that you use
to access the service.
8.4. Access to the System or Secure Access Website is provided “as is”. We make no
warranties, express or implied representations or guarantees as to the

Email: [email protected]
merchantability and/or fitness for any particular purpose or otherwise with respect
to the System or Secure Access Website, their content, any documentation or any
hardware or software provided. Technical difficulties could be encountered in
connection with either the System or Secure Access Website. These difficulties could
involve, among others, failures, delays, or malfunction, which may cause Orders not
to be transmitted, received, or executed as a result of such disruption, failure or
malfunction, software erosion or hardware damage, which could be the result of
hardware, software or communication link inadequacies or other causes. Such
difficulties could lead to losses in Orders or Transactions, economic and/or data loss.
If you are unable to place an order through the System, you should contact a Dealer
to place a telephone order.

9. Fees and Charges, and Other Costs


9.1. We will generally be remunerated for providing you with the services by charging
you an amount which will be included as a markup, mark-down and/or the bid/ask
spread of Instruments you buy or sell through the System. Such fees will generally
be applied to your Account on a per trade basis but may also be applied on any other
basis as we determine from time to time. You understand that such fees vary based
on the System and/or on a daily and continuous basis depending on many factors
including market conditions, currency pairs, availability of Instruments in the market
etc.
9.2. Where your Account is holding an Instrument, which is due to be credited or debited
related to a dividend or similar payment, as the case may be, then your Account will
be credited or debited, as the case may be, in accordance with the terms published
on our website or otherwise for each relevant Instrument.
9.3. When funding by Card, the following terms and conditions will apply:
a. You may be charged conversion fees by your Card provider. We are not
responsible for any fees or charges issued by your Card provider or the issuing
bank.
b. You understand that any payments made to us using a Card will be credited to
your Account net such Card charges. Similarly, any refund made by us from your
Account to your Card will also be net of any Card charges. Further, you understand
that, unless otherwise agreed by us, any payments made into your Account by
Card may not be subsequently withdrawn by cash, wire, cheque, or other means
and may only be returned to the Card. Accordingly, we will only accept requests
to withdraw profits from the Account.

Email: [email protected]
c. You agree and undertake not to enter into or initiate any chargeback transaction
with your Card issuer and irrevocably and unconditionally forfeit any future claims
to make such chargeback regardless of the Losses incurred in your Account, or
your overall satisfaction with the services provided to you in relation to your
trading activities.
d. You agree to be held both personally and civilly liable for any fraudulent Card
transactions or purchases which are used to fund your Account or used as Margin
for your Account. Further, you acknowledge that we may take criminal or civil
action against you in order to collect any fraudulent funds which are used to fund
your Account or used a Margin for your Account. Where you have been
introduced to us by a Referral Agent, you understand that we may be paying
such Referral Agent fees in connection with your trading activities. Such fees will
be in the form of commissions, mark-ups, or mark-downs, on a per trade basis,
or any other form as agreed between us and your Referral Agent from time to
time and will be charged to your Account.
9.4. Where you have appointed a Money Manager, we will maybe apply to your Account
management charges, performance fees, and any other Fees or charges as agreed
between you and your Account Manager from time to time in connection with your
trading activities.

10. Tax
10.1. We will not provide you with any advice on tax issue related to any services. You
are advised to obtain individual and independent counsel from your financial advisor,
auditor, or legal counsel with respect to tax implications of the respective services.
10.2. You are responsible for the payment of all taxes that may arise in relation to your
Transactions.

Email: [email protected]
11. Referral Agents
11.1. You may have been referred to us by a Referral Agent. If so, we will not be
responsible for any agreement made between you and your Referral Agent, or lack
thereof. You acknowledge that any such Referral Agent will either be acting as an
independent intermediary or an agent for you and that your Referral Agent and is
wholly separate and independent from the TNFX and is not an agent, associate, or
employee of TNFX or any member of the TNFX. You further acknowledge that your
Referral Agent is not authorized to make any representation relating to us or our
services.
11.2. We do not control and cannot endorse or vouch for the accuracy or completeness
of any information, recommendation, or advice you may have received or may
receive in the future from a Referral Agent. Since the Referral Agent is not an agent
or employee of TNFX or any member of the TNFX, it is your responsibility to properly
evaluate a Referral Agent before engaging its services.
11.3. You are specifically made aware that your agreement with your Referral Agent
may result in additional costs for you as
a. We may pay one-off or regularly scheduled fees or commissions to such person
or entity from your Account or by us directly;
b. Where you and your Referral Agent agree to compensation on a per-trade basis
depending on your trading activity, such compensation to the Referral Agent may
be in the form of a commission and/or require you to incur a mark-up, above and
beyond the ordinary spread provided by us. Such compensation may be paid to
the Referral Agent from your Account or by us directly.
11.4. You acknowledge and accept that frequent transactions may result in a sum of total
commissions, fees or charges that may be substantial and may not necessarily be
offset by the net profits, if any, achieved from the relevant trades. It is your and the
Referral Agent’s responsibility for correctly assessing whether the size of the total
commissions, fees or charges for trades conducted and paid from your Account is
commercially viable. We only act as Principal, and therefore are not responsible
for the size of the commissions, fees or charges paid by you to your Referral Agent.
11.5. You understand and agree that the Referral Agent will maybe have access to
information held by us relating to your trading activity. You further understand that
your Referral Agent may have been introduced to us by a third party who may be
compensated based on your introduction to us or on your trading history. Where this
occurs, you agree that the third party who introduced your Referral Agent will have
access to information held by us relating to your trading activity.

Email: [email protected]
12. Manifest Errors
12.1. A “Manifest Error” means a manifest or obvious misquote by us, or any market,
exchange, price providing bank, information source, commentator or official on
whom we reasonably rely on which is not indicative of fair market value at the time
an Order is placed. A Manifest Error could include but is not limited to, inaccurate
third party or liquidity provider data or pricing, a mistype of a quote, an erroneous
quote or misquote provided by a Dealer or a System due to the failure of any
software, hardware, whether given by telephone and/or other electronic means.
When determining whether a situation amounts to a Manifest Error, we may take
into consideration all information in our possession including, without limitation,
information concerning all relevant market conditions and any error in, or lack of
clarity of, any information source or announcement.
12.2. We will, when making a determination as to whether a situation amounts to a
Manifest Error, act fairly towards you but the fact that you may have entered into,
or refrained from entering into, a corresponding financial commitment, contract or
Transaction in reliance on an Order placed with us (or that you have suffered or may
suffer any loss of profit, consequential or indirect loss) will not be taken into account
by us in determining whether there has been a Manifest Error. We reserve the right,
without prior notice, to:
a. amend the details of relevant Transactions to reflect a price which is on or near
the prevailing market prices, which will be determine by us in our sole and
absolute discretion, acting in good faith, to be the correct or fair terms of such
Transaction absent such Manifest Errors;
b. If you do not promptly agree to any amendment made under (a) herein, void
from its inception any Transaction resulting from or deriving from a Manifest
Error or close or liquidate the Transaction or any Open Position resulting from
such Transaction; and/or
c. Refrain from taking and refuse to take any action at all to amend the details of
such a Transaction or to void, terminate, close, or liquidate such Transaction.
d. If there are any technical issues, or any error caused by the mentioned above,
resulting in profit or loss, the positions and their results will be treated fairly by
the company and take the suitable action in order to rectify the results, and the
company preserve its rights without a prior notice.

Email: [email protected]
13. Abusive Trading Strategies
13.1. Abusive Trading Strategies may or may not be caused by the person benefiting from
them. Abusive Trading Strategies are generally used by persons who are experts in
trading. They include practices (without limitation) such as attacking the System in
order to create and abuse price latency opportunities, internet or System
connectivity, and trading Instruments which are clearly misquoted (arbitrage).
13.2. You represent and warrant to us at the time you enter into these Terms and every
time you enter into a Transaction or give us any other instruction that you will not
use Abusive Trading Strategies on the System. Given the grave nature of Abusive
Trading Strategies, you agree that we may, at our sole and absolute discretion,
revoke Transactions resulting from Abusive Trading Strategies without prior notice to
you and regardless of whether such revocation would result in Losses in your
Account or would cause you to breach your Margin Requirements, Hedging funds
that employ margin expansion to enhance capital efficiency and increase the number
of trading positions. We reserve the right to take all necessary steps including making
corrections or adjustments on your Account without prior notice for example, any
Transaction placed through the System which relies on price latency, or an arbitrage
opportunity may be modified, adjusted, corrected, rejected, terminated, or voided at
any time, without prior notice, at our sole and absolute discretion. In addition, where
such circumstances exist, you understand and agree that we shall not remit
payments to or process withdrawal requests from you until the appropriate
corrections are made to our satisfaction. When determining whether a situation
amounts to an Abusive Trading Strategy, we may take into consideration all
information in our possession including, without limitation, information concerning
relevant market conditions and errors in the System.
13.3. We will not be liable to you for any for any loss, cost, claim, demand or expense you
may suffer (including loss of profits or any indirect or consequential losses) resulting
from any action we take in connection with addressing your Abusive Trading
Strategies or any action which we take or refrain from taking in relation to
Transactions resulting from your Abusive Trading Strategies, except to the extent
caused by our own fraud, willful default or gross negligence.

Email: [email protected]
14. Risk management and stop out level
14.1. Due to the risky environment in Forex market and other financial instruments, there
must be a margin call level that is reached to protect the capital of being lost as all,
therefore, the company set a stop out level at 20%, once that level is reached, an
auto close will applied on opened positions in order to release a used margin to
increase the margin level to maintain a portion of capital, giving an opportunity for
the trader to make a decision whether to close positions manually or to increase his
balance.

15. Complaints
15.1. Any complaints or objections shall be directed to TNFX Support Department by email
at [email protected].
15.2. Submission of your complaint or objection to us in respect of a Transaction or
alleged Transaction will not relieve you from your duty to manage your risks and
mitigate your losses. Without prejudice to any of our other rights to close a
Transaction under this Agreement, if we are in dispute with you in respect of a
Transaction or alleged Transaction or any communication relating to a Transaction,
we may, at our absolute discretion and without notice to you, close any such
Transaction or alleged Transaction where.

15.3. We reasonably believe such action to be desirable for the purpose of limiting the
maximum amount involved in the dispute, and we will not be under any obligation
to you in connection with any subsequent movement in the level of the Transaction
concerned. We will take reasonable steps to inform you that we have taken such
action as soon as practicable after doing so.

16. Amendments
16.1. We may amend these Terms and any arrangements made hereunder at any time
by written notice to you, which may include the publishing of the amended Terms
on our Website or by sending an e-mail to you. Any such amendment will come into
effect on the date specified by us which will, in most cases, be at least 10 Business
Days from the date of our amendment notice. You will be deemed to be bound by
the terms of such amendment or change on the earlier of:
a. Ten (10) Business Days after we have e-mailed you or published notice of such
amendment to the Website; or
b. The date you place an Order (other than a liquidating Order) via the System.
16.2. If you choose to object to amendments to these Terms or any arrangements made
hereunder, you must notify us in writing (in accordance with the details set out in

Email: [email protected]
the amendment notice) within 10 Business Days of the date of the amendment
notice. If you do object to the amendment, the amendment will not be binding on
you, but your Account will be suspended and you must close out all your Open
Positions within a reasonable time, failing which, we will close out your Open
Positions without any further notice to you. You must withdraw all funds remaining
to the credit of your Account after payment of any amounts due to us and close
your Account.
16.3. Any amended Terms will supersede any previous agreement between us on the
same subject matter and will govern any Transaction entered into after, or
outstanding on, the date the amended Terms comes into effect.

17. Suspension and Termination


17.1. You may terminate these Terms immediately by giving written notice to us. You
agree that at any time after the termination of these Terms, we may, without notice
to you, close out any or all of your Open Positions.
17.2. We may suspend or terminate these Terms and/or your Account immediately for
any reason or no reason whatsoever. You agree that at any time after the
termination of these Terms, we may, without notice to you, close out any or all of
your Open Positions. You further agree that we may, at our sole and absolute
discretion, suspend your Account and restrict your trading activities during the
notice period mentioned in this clause. Where we suspend your Account, we may
prevent you from opening any new positions but we will not close your Open
Positions unless otherwise allowed under these Terms.

17.3. Upon termination of these Terms, all amounts payable by you to us will become
immediately due and payable including (but without limitation):
a. All outstanding fees, charges and commissions;
b. Any expenses incurred by terminating these Terms; and
c. Any losses and expenses realized in closing out any Transactions or settling or
concluding outstanding obligations incurred by us on your behalf.
17.4. Termination of these Terms will not affect any rights or obligations, which may
already have arisen between us and you. The termination of these Terms will
not affect the coming into force or the continuance in force of any provision in
these Terms which is expressly, or by implication, intended to come into, or
continue in force, on or after such termination.
17.5. If termination occurs, we will, as soon as reasonably practicable and subject to these
Terms, deliver to you any funds or investments in your Account(s) subject to any
applicable charges and rights of set-off. A final statement will be issued to you
where appropriate.

Email: [email protected]
18. In the Event of Death
18.1. Where you are a natural person, in the event of your death, any person(s)
purporting to be your legal personal representative(s) or surviving joint account
holder must provide us with formal notice of your death in a form acceptable to us,
including but not limited to the provision of an original death certificate in physical
form.
18.2. Upon the receipt and acceptance of your death certificate, we will treat your death
as an Event of Default allowing us to exercise any of our rights including but not
limited to closing any and all Open Positions within your Account. These Terms will
continue to bind your estate until terminated by your legal personal representative
or by us.
18.3. A person shall not be proven to be your legal personal representative until we
receive the appropriate legal documentation. Once we receive such
documentation, we will accept and execute written Orders from your legal
representative(s). We will only accept Orders that aim to wind-down and/or close
your Account. Where we have not received any Orders after six months following
receipt of your death certificate, we may, in our sole and absolute discretion (but
shall not be obliged to), re-register your holdings into the name of your legal
representative, re-materialize any electronic holdings and send such holdings in
certificated form to the registered correspondence address for your estate, subject
to appropriate charges.
18.4. Any applicable charges as detailed in the Schedule of Fees will still be charged until
the Account is closed.
18.5. Notwithstanding anything in these Terms, if the Agreement is not terminated
within two years after the date of your death, we may take such action as we
consider appropriate to close your Account. Your estate or your legal
representative(s) will be liable for all costs associated with us taking this action, or
considering taking action, except to the extent that costs arise because of our
negligence, willful default or fraud.

Email: [email protected]
19. Intellectual Property
19.1. Our Website, System, Secure Access Website and any and all information or
materials that we may supply or make available to you (including any software
which forms part of those items) are and will remain our property or that of our
service providers. Such service providers may include providers of real-time price
data to us. In addition:
a. All copyrights, trademarks, design rights and other intellectual property rights
in those items are and will remain our property (or those of third parties whose
intellectual property we use in relation to products and services we provide for
your Account);
b. We supply or make them available to you on the basis that: (i) we can also
supply and make them available to other persons; and (ii) we may cease
providing them at our sole and absolute discretion or if our service providers
require us to do so;
c. You must not supply all or part of them to anyone else and you must not copy
all or any part of them;
d. You must not delete, obscure or tamper with copyright or other proprietary
notices we may have put on any of those items; and/or (e) you must only use
these items for the operation of your Account in accordance with these Terms.

20. Confidentiality and Data Protection


20.1. We may obtain information (including personal data) from you during the course
of our relationship with you. This section describes some of the key issues in
relation to how we process this personal data, which you should be aware of.
20.2. In accordance with Applicable Law, and subject to the following, we will treat
all information we hold about you as private and confidential, even when you
are no longer a customer. You agree that we, or any member of the TNFX,
may:
a. use your information to (i) determine your identity and background before and
during the term of these Terms for money laundering and regulatory purposes,
(ii) administer and operate your Account and monitor and analyze its conduct,
(iii) provide services to you, (iv) improve any of our operations, procedures,
products and/or services during the term of these Terms, (v) assess any credit
limit or other credit decision (and the interest rate, fees and other charges to
be applied to your Account) and (vi) carry out statistical and other analysis;
b. use your personal data including your contact details, application details and
details of the service we provide you and how you use them, to decide what
products and services may be of interest to you;
c. contact you by telephone (including automated calls), post, email and other

Email: [email protected]
electronic messages such as short text, video and picture messaging, and fax,
with information, news, events and seminars and generally for the purpose of
promoting our services and those of the TNFX and other selected third-party
service providers to you; and
d. Use your personal data to comply and cooperate with the requirements of
regulators and the courts and to comply with our legal obligations.
20.3. You hereby specifically and explicitly agree that we may share your personal data
with any of our Service Providers in connection with providing you with services
under or in connection with these Terms, including but not limited to, data
processors, information technology service providers, platform providers,
marketing services providers, credit card related services providers, or any
member of the TNFX who may only use it for the same purposes as us. Such
purposes include the processing of Orders and the generation of confirmations of
Transactions, the operation of control systems and the operation of management
information systems. We will take appropriate measures to protect the security of
your personal data.
20.4. In order to comply with our obligations under various legislative and regulatory
requirements we may be required to make certain disclosures relating to you or
your Account, which may or may not involve disclosing your identity. In addition
to complying with such obligations, we may comply with any request for
information pertaining to you from any relevant regulatory or government
authority. You agree that such compliance does not constitute a breach of any
obligation of confidentiality, which we owe you pursuant to these Terms

Email: [email protected]

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