Customer agreement

We provide services for trading derivative financial contracts. Our contracts are traded on a margin or leverage basis, a type of trading which carries a high degree of risk to your capital. The price of the contract you make with us may change quickly and your profits and losses may be more than the amount of your investment or deposit. If you do not hold sufficient funds to meet your margin requirements, then we may close your open positions immediately and without notice. Please read the Risk Warning Notice carefully to understand the risks of trading on a margin or leverage basis. You should not deal in our contracts unless you understand and accept the risks of margin trading. Trading in these products may not be suitable for everyone.
1. Introduction 介绍
1.1 These General Terms are part of the agreement between GAIN Global Markets, Inc. (“Long surplus ”, “we”, “us” or “our”) and its client (“you” or “yourself”) which governs our trading services and all transactions we conduct with you.
本一般条款是GAIN Global Markets, Inc.与其客户(以下简称“您”或“您自己”)之间所订协议的一部分,用以指导管理我们的交易服务和我们与您进行的所有交易。
1.10 These General Terms and the Supplemental Terms have been translated into Chinese. If there is any inconsistency or ambiguity between the English version and the Chinese version of these terms, or any other materials we provide in English and any other language, the English version shall prevail. By opening an Account with us, you agree to the foregoing, and acknowledge that trading services may be offered in Chinese.
2. General Information 一般资讯
2.1 Our trading service is an electronic service and you specifically consent to the receipt of documents in electronic form via email, our Website or other electronic means. We will not send a paper form of any communication sent to you unless you request us to do so. We reserve the right to charge for documents in a paper form.
2.1 Our trading service is an electronic service and you specifically consent to the receipt of documents in electronic form via email, information about us and our services (including the Market Information), our costs and charges and our Notices and Policies by email or by posting such information on our Website or the Trading Platform.
2.3 Unless we notify you and you agree otherwise, we will classify you as a Private Client for the purpose of CIMA Rules. In certain circumstances we may wish to re-categorize you, but if we do so we will explain clearly why we are doing this and the effect this will have on your rights. Your express consent to this re-categorization will be required.
2.4 We will deal with you as principal and not as agent on your behalf. This means that any Trades are agreed directly between you and us and we will be the counterparty to all of your Trades.
1. Manifest Error 明显错误
1.1 A Manifest Error is an error, omission or misquote (including any misquote by our dealer) which by fault of either of us or any third party is materially and clearly incorrect when taking into account market conditions and quotes in Markets or
Underlying Instruments which prevailed at that time. It may include, but is not limited to, an incorrect price, date, time, Market or currency pair, financing calculation, rebate, commission or any error or lack of clarity of any information, source, commentator, official, official result or pronouncement.
1.2 If a Trade is based on a Manifest Error (regardless of whether you or we gain from the error) and/or closed on the basis of Manifest Error we may act reasonably and in good faith to:
void the Trade as if it had never taken place;
close the Trade or any Open Position resulting from it; or
amend the Trade, or place a new Trade, as the case may be, so that (in either case) its terms are the same as the Trade which would have been placed and/or continued if there had been no Manifest Error.
Supplemental Terms
These Terms 本条款
34.1 These Supplemental Terms set out the terms and conditions under which we offer a range of CFDs (our
“CFD Markets”) and FX Contracts and it forms part of the
34.2 Unless separately defined in these Supplemental Terms, words and expressions shall have the meanings given to them in the General Terms.
34.3 For CFD Markets that do not specify an expiry date, your Open Positions will remain open until closed in accordance with the General Terms (“Closing Trades”).
34.4 For CFD Markets that specify an expiry date (“Expiry CFD Markets”), your Open Positions will close and settle automatically on the expiry date specified in the Market Information unless you or we close the position in accordance with the General Terms before that date.
对於指定到期日的差价合约市场(“到期差价合约市场”),您的未平仓头寸将在市场讯息中指定的到期日自动平仓并结 算,除非您或我们在到期日前根据一般条款进行平仓。
Leveraged FX 杠杆货币
34.10 A leveraged FX contract is a margined over the counter (i.e. not executed on an exchange) trade between you and us where the price is determined by reference to the exchange rate between the currency pair that underlies the contact (“FX Contract”).
34.11 Trades in FX Contracts may be placed through the Trading Platform or as otherwise permitted in accordance with clause 4 of the General Terms
(“Instructions and Basis of Dealing”).
34.13 All Trades and Open Positions resulting from an FX Contract continue until closed by you or us in accordance with the General Terms. FX Contracts are not automatically closed or rolled on a daily basis.
Annex 1: Risk Warning Notice
1. Introduction 介绍
You are considering dealing with us in financial instruments and investment contracts relating to various financial markets. Unless separately defined in this notice, words and expressions shall have the meanings given to them in the General Terms.
This notice is designed to explain in general terms the nature of and some of the risks particular to our Products. We provide this warning to help you to take investment decisions on an informed basis. However, please note that each Trade will carry its own unique risks which cannot be explained in a general note of this nature.
Our Products carry a higher risk of loss than trading many traditional instruments, such as shares in many large companies or fixed income securities such as bonds issued by governments or large companies. For many members of the public, trading in our Products is not suitable. It is very important that you should not engage in trading in our Products unless you know, understand and are able to manage the features and risks associated with such trading and are also satisfied that trading in our Products is suitable for you in light of your circumstances and financial resources.
In considering whether to engage in trading our Products, you should be aware of the following risks.
2. Leverage 杠杆
A high degree of “gearing” or “leverage” is associated with trading our Products. This stems from the margining system applicable to our Products which generally involves a comparatively modest deposit of the overall contract value to open a Trade. This can work for you and against you. A small price movement in your favor can result in a high return on the money placed on deposit; however, a small price movement against you may result in substantial losses, possibly more than the money placed on deposit. Prices can move quickly particularly at times of high market volatility (see below) and, if these price movements are unfavorable to your Trade(s), you could quickly build up significant losses.
进行我们產品的交易存在高度的“杠杆比率”或“杠杆作用”。 这源於我们產品适用的保证金制度,一般涉及相对交易开户所涉合约总价值规模较為适度的存款保证金。这对您来说是把双刃剑。对您有利的小幅价格变动可使保证金款项產生高收益;然而,对您不利的小幅价格变动可导致重大损失,可能超过保证金款项。价格瞬息万变,在市场波动性(见下文)大时尤其如此,而在这些价格变动对您的交易不利时,您可能立即遭受重大损失。
If you do not maintain enough funds in your Account to satisfy your Margin Requirements, we may close any or all of your Open Positions (in some circumstances without warning). If we do this, your Open Positions may be closed at a loss for which you will be liable.
3. Nature of Margined Trades 保证金交易性质
Our client agreement explains in detail how our Products operate; see our General Terms, Supplemental Terms, as well as your Application Form. Also you should review examples and explanations found on our Website – although these are not part of the Agreement, they provide useful guidance on trading in our Products (and the risks associated with them).
A Trade in one of our Markets is a Trade based on movements in Our Price. Our Price for a Market is set by us but relates to the price of the relevant Underlying Instrument. Whether you make a profit or loss will depend on the prices we set and fluctuations in the Underlying Instrument to which your Trade relates.
Trades in our Products can only be settled in cash.
Trades in our Products are legally enforceable.
In certain circumstances your losses on a Trade may be unlimited. For instance, if you open a position with us by selling the contract in question (a practice known as “shorting a “market”) and the price rises, you will make a loss on that Trade and it is impossible to know the limit of your potential losses until you close the Trade or your Open Positions are closed when your Margin Level reaches the Margin Close Out Level. You must ensure that you understand the potential consequences of a particular Product or Trade and be prepared to accept that degree of risk.
You will not acquire the Underlying Instrument nor any rights or delivery obligations in relation to the Underlying Instrument.
Annex 2: Illegal trade definition
2.1 in the course of the transaction, more than 30% positions (that is, the deposit margin divided by net) of the transaction, the position of less than 3 minutes;
2.2 the same IP address, more than 3 trading account login at the same time, and the operation of transactions;
2.3 the same account, more than 2 IP address scattered login, and the operation of the transaction;
2.4 more than 50% of the liquidation profit and loss of a single profit and loss is less than the minimum profit margin and other small profit and loss;
2.5 half of the total transaction volume accounted for more than 50% transactions;
2.6 full warehouse transactions accounted for the proportion of total turnover reached more than 30%;
2.7 major data release within 5 seconds Jiancang, opening within 1 minutes.
2.8 through the continuous short-term trading (single transaction Jiancang and liquidation time interval in less than 1 minutes) operation, fast forward fast, resulting in a high fee, thereby earning a return of the commission;
通过不断的短线交易(单笔交易建仓与平仓时间间隔在 1 分鐘以内的)操作,快进快出,產生高额手续费,
2.9 frequent transactions, single hand positions not more than 1 minutes frequent access;
频繁交易,一手单持仓不超过 1 分鐘频繁进出
General 总则
In the event of such a situation, the customer's trading results as invalid transactions, customers can take out the account funds, but can only take out the original customer funds.
Notice Regarding MetaTrader 5
关於MetaTrader 5的通知
MetaTrader 5 is a third-party trading platform provided by MetaQuotes for which richmond success does not own the intellectual property. MetaTrader 5 may or may not run in a richmond success datacenter, and may or may not be supported by richmond success personnel. richmond success offers Meta Trader 4 alongside its own proprietary trading platforms to offer its users the ability to select a platform that has the functionality that best suits their individual needs. However, users should be aware: (1) that Long surplus does not endorse MetaTrader 5; and (2) there are additional risks associated when using MetaTrader 5.
MetaTrader 5是MetaQuotes提供的协力厂商交易平臺, Morse 对此不拥有智慧财產权。MetaTrader 5未必会在 Morse 资料中心运行,也未必会受City Index人员支持。City Index提供与其专有交易平臺并行的MetaTrader 5,使其用户能够选择功能最适合其个性化需求的平臺。然而,用户应意识到:(1) Morse 不认可MetaTrader 5 ;和 (2)使用MetaTrader 5时存在与之相关的额外风险。
Since MetaTrader 5 is provided by a third party, richmond success does not have total control over the platform and as such richmond success cannot guarantee the accuracy or validity of the account financial information or trading history of a user stored on MetaTrader 5.
MetaTrader 5由协力厂商提供, Morse 无法完全控制这个平臺,因此, Morse 不能保证MetaTrader 5上所存储使用者帐户财务资讯或交易记录的準确性和有效性。
Users that trade on MetaTrader 5 are exposed to the risks associated with the system, including, but not limited to, the communication infrastructure that connects Long surplus to MetaTrader 5. As a result of any system failure or other interruption on MetaTrader 5, orders either may not be executed according to your instructions or may not be executed at all. Furthermore, as a result of any system failure or other interruption of MetaTrader 5, you may not be able to place or change orders or view your trading positions or market data.
在MetaTrader 5上交易的使用者会面临与该系统相关的风险,包括但不限於将久盈连接至MetaTrader 5的通信基础设施。因此,若 MetaTrader 5发生任何系统故障或其它中断,订单要麼无法按照您的指示执行,要麼根本无法执行。此外,若MetaTrader 5发生任何系统故障或其它中断,您可能无法下单或变更订单或查看您的交易头寸或市场资料。
Meta Trader 4 is provided by a third-party provider and not richmond success . Therefore, to the extent not prohibited by law, richmond success shall not be liable for any losses or damages suffered or incurred from the use, operation, or performance of MetaTrader 5. In addition, richmond success shall have no responsibility or liability for any direct, indirect, punitive, incidental, special or consequential damages that arise from any fault, inaccuracy, omission, delay or any other failure of MetaTrader 5.
MetaTrader 5由协力厂商提供商而非 Morse 提供。因此,在法律不禁止的范围内, Morse 将不就因MetaTrader 5的使用、操作或性能而蒙受或招致的任何损失或损害承担任何责任。此外, Morse 将不就因MetaTrader 5发生任何故障、误差、遗漏、延误或任何其它故障而引起的任何直接、间接、惩罚性、附带、特殊或随之发生的损害负责或承担任何责任。
Meta Trader 4 gives Users the ability to automate orders and trade requests. Where the number of these requests made by a User is excessively high and/or of a malicious nature, and in the sole opinion of richmond success does not constitute reasonable or acceptable use, then richmond success reserves the right to block that User,in its sole discretion.
MetaTrader 5使使用者能够自动发出订单和交易请求。若用户提出这些请求的数量过高和/或属於恶意性质,且 Morse 自行认定并不构成合理或可接受的使用,则 Morse 有权自行决定阻止该用户。
Enforce the law 执行法律
Agreement and any disputes and claims (including the contract disputes and claims) shall be subject to the jurisdiction of the New Zealand law, and should be under New Zealand law interpretation.Fuding here and you have agreed to this agreement, or New Zealand court exchange of any dispute or claim has jurisdiction over the specificity, and fuding and you submit to jurisdiction of the courts of New Zealand。
协议以及任何纠纷和索赔(包括非合同纠纷和索赔)应受新西兰法律管辖,并应根据新西兰法律诠释。在此 Morse 和您皆同意新西兰法院对本协议或交易所产生的任何纠纷或索赔具有非专属性管辖权,并且 Morse 和您都服从新西兰法院的管辖。
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