This User Agreement (“The Agreement”), including terms and conditions relating to your use of the trading service, is offered by Plus500UK Ltd who are authorised and regulated by the Financial Services Authority.  Plus500UK Ltd, is a company registered in England and Wales (Company No. 07024970) (the “Company”, “we” and “ours”) and registered at Talbot House, 8-9 Talbot Court, London, EC3V 0BP.  The main business of Plus500 UK Limited is the provision of an online trading platform for trading in contracts for difference (the "Trading Platform").  The Financial Services Authority can be contacted at 25 The North Colonnade, Canary Wharf, London E14 5HS.

When we refer to "you" and "your" we mean a registered user of the Trading Platform or visitor to www.Plus500.com.  If you decide to download our Software to use the trading demonstration then the terms and conditions within this User Agreement (to the extent applicable) apply to you and by downloading the Software you accept this User Agreement and agree to abide by the terms and conditions therein.

Trading in Contracts for differences (“CFD’s”) and use of the Trading Platform (which allows high leverage investments in CFD’s) carries a high level of risk to your investment.  Make sure you fully understand the risks involved and take advice if necessary.  CFD trading may not be suitable for every customer.  A detailed explanation of the risks associated with trading on the Trading Platform is set out in this User Agreement and the Risk Disclosure Notice provided on the Site.  You should ensure you fully understand such risks before entering into the Client Agreements and using the Trading Platform. This User Agreement together with the terms of the Risk Disclosure Notice and the Order Execution Policy (together the "Client Agreements") constitute a legally binding contract between us.  You accept the terms and conditions in the Client Agreements when you register as a user of the Trading Platform.

In accordance with the rules of the Financial Services Authority on categorisation of clients you are, for the purposes of the Client Agreements, categorised as a retail customer.  Should you request re-categorisation, you will remain categorised as a retail customer until notified otherwise by us.  Please note that we may not be able to accommodate your request to re-categorise.

Subject to your fulfilling your obligations under the Client Agreements we may enter into transactions with you in contracts for differences on single securities, baskets of securities, indices, currencies, commodities, base and precious metals.  We will enter into all transactions contemplated by the Client Agreements as principal and not as your agent.  We will treat you as our customer and you agree to enter into the Client Agreements for all transactions as principal and not as agent for any other person.

This User Agreement contains the following sections:

Part One – Registration and Software

Part Two – Transactions on the Trading Platform

Part Three – Payments due on the Trading Platform

Part Four – General Terms relating to our relationship with you

Part Five – Definitions

You should read the Client Agreements carefully and any other documents that we have supplied to you. We reserve the right to change the Client Agreements at any time.  We will give at least 30 days notice of such changes taking effect. Your continued use of the Trading Platform after such notification shall be deemed to be acceptance of the amended Client Agreements.

 

 

PART ONE – REGISTRATION AND SOFTWARE

1.                RESTRICTIONS ON USE

1.1             The Trading Platform is not intended for distribution to, or use by, any person:

1.1.1          who is under the age of 18 years old, is not of legal competence or of sound mind;

1.1.2          who resides in any country where such distribution or use would be contrary to local law or regulation. The Trading Platform and any other service provided by us is not available to persons residing in any country where CFD trading activity or such services would be contrary to local law or regulation. It is your responsibility to ascertain the terms of and comply with any local law or regulation to which you are subject;

1.1.3          who is a citizen or resident of the United States of America.  Furthermore, use of the Trading Platform is prohibited from anywhere in the United States of America;

1.1.4          who is an employee, director, associate, agent, affiliate, relative, or otherwise connected to the Company or any affiliate thereto.

1.2             Without derogating from the above, we reserve the right, acting reasonably, to suspend and/or refuse access to or the use of the Trading Platform to anyone in our sole and absolute discretion.

2.                Access to and use of the trading platform

2.1             You shall promptly inform us of any breaches or potential breaches of the Client Agreements by you.

2.2             Subject to the terms and conditions of this User Agreement, we hereby grant you, a personal limited, non-exclusive, revocable, non-transferable and non sub-licenceable licence to install and use the Trading Platform in object code only, solely for your personal use and benefit in accordance with the terms of this User Agreement.

2.3             If any third party software is included within or embedded in the Trading Platform, then such embedded third party software shall be provided subject to the terms of this User Agreement which apply to the Trading Platform.  You shall fully comply with the terms of any Third Party Licences that we provide to you from time to time.  We provide no express or implied warranty, indemnity or support for the Third Party Licences, and will have no liability.

2.4             We reserve any and all rights to the Trading Platform not expressly granted to you by this Agreement.  The Trading Platform is licensed to you by us and not sold. The Trading Platform, all copies and any derivative works thereof (by whoever created), the associated goodwill, copyrights, trademarks, logos, know how, patents and any intellectual property rights, are and shall remain owned solely by the Company or our licensors.  Except for the licence expressly granted to you under this Section 2, no other licence, right, or interest in any goodwill, trademark, copyright, logo, know how, patent, service mark or other Intellectual Property Right in the Trading Platform or any part or derivative work thereof is granted or conveyed to you.

2.5             You shall take all reasonable steps to:

2.5.1          procure and maintain in proper working order, throughout the term of this Agreement and at your own expense, the hardware, operating environment (including operating system software), backup means and infrastructure necessary for the installation, operation and maintenance of the Trading Platform (including without limitation uninterruptible power systems and electrical back-up devices);

2.5.2          prevent any virus infections, security breaches, and other disabling events from damaging the Trading Platform due to your actions or omissions;

2.5.3          implement and plan to operate and maintain appropriate protection in relation to the security and control of access to your computer, computer viruses or other similar harmful or inappropriate materials, devices, information or data. 

2.6             Please inform us in writing if you encounter any problems with the Trading Platform, or have any suggestions for modifications, design changes and improvements. We shall have the right, but not the obligation, to make modifications to the Trading Platform based upon your suggestions.  Any modifications, design changes and improvements made to the Trading Platform based on your feedback shall be the undisputed sole property of the Company.

2.7             We will deliver the Trading Platform with reasonable skill and care.

2.8             From time to time and at our sole discretion, we shall have the right to add to, modify, or remove any of the Trading Platform without liability under this User Agreement and if we do so we shall use reasonable endeavours to replace any part of the Trading Platform with an equivalent where practicable.

2.9             We make no express or implied representation or warranty:

2.9.1        that the Trading Platform will be available for access all the time, or at any time on a continuous uninterrupted basis (access to the Trading Platform may be affected, for example, by routine maintenance, repairs, reconfigurations or upgrades);

2.9.2        as to the operation, quality or functionality of the Trading Platform;

2.9.3        that the Trading Platform will be free of errors or defects; and

2.9.4        that the Trading Platform is free from viruses or anything else that has contaminating or destructive properties including where such results in loss of or corruption to your data or other property. We will not be liable for any data lost or any equipment or software replaced by you as a result of use of the Trading Platform.

2.10           You:

2.10.1      may only use the Trading Platform for so long as you are authorised to do so;

2.10.2      may not use the Trading Platform for any purpose other than for the purpose for which it has been provided under this User Agreement; and

2.10.3      are responsible for the use of the Trading Platform (including the Account Credentials) by you.

2.11           You agree not to:

2.11.1      use the Trading Platform for illegal or inappropriate purposes;

2.11.2      (nor attempt to) interfere with or disrupt the proper operation of our  software, hardware, systems or networks, including (but not limited to) not knowingly or negligently transmitting files that may interrupt, damage, destroy or limit the functionality of any computer software, hardware, systems or networks, including corrupted files or files that contain viruses, trojan horses, worms, spyware or other malicious content;

2.11.3      attempt to gain unauthorised access to our computer system or the computer system(s) of any other user, or to parts of the Trading Platform to which you do not have access rights;

2.11.4      take any action which does or may cause the provision of the Trading Platform to other users to be interrupted or degraded;

2.11.5      convey any false, unlawful, harassing, defamatory, abusive, hateful, racial, threatening, harmful, vulgar, obscene, seditious or otherwise objectionable or offensive material of any kind or nature;

2.11.6      carry out any commercial business on the Trading Platform;

2.11.7      knowingly or negligently upload or download files that contain software or other material protected by copyright, trade marks, patents or other intellectual property rights (or by rights of confidentiality or privacy of publicity, where applicable) unless you own or control the rights thereto or have received all necessary consents; or

2.11.8      falsify the origin or source of any content or other material.

2.12           You shall not be entitled to download, save or copy the Trading Platform.

2.13           We reserve the right to suspend or terminate access to the Trading Platform at any time.

3.                Account credentials

3.1             When you first access the Trading Platform you will be asked to enter your Account Credentials to access the Trading Platform, which are confidential and shall be used solely by you. 

3.2                                             You:

3.2.1          are responsible for ensuring that your Account Credentials remain confidential and for taking such other precautions as may be necessary to ensure they cannot be used by any person other than you; and

3.2.2                          must notify us immediately if you become aware that your Account Credentials have in any way become compromised or if any third party may be able to access the Trading Platform.

3.2.3          You agree we do not have to establish the authority of anyone quoting your account number or Account Credentials. The use of your Account Credentials by any third party is expressly prohibited.

3.3             If we believe that there is likely to be a breach of security we may require you to change your Account Credentials or suspend your access to the Trading Platform. We reserve the right to edit, amend or issue you with new Account Credentials or require a change of your Account Credentials at any time by giving notice to you.

3.4             You are responsible for ensuring that you alone control access to your Account Credentials, and that no minor or other person is granted access to the Trading Platform using your Account Credentials. You acknowledge that you are ultimately and solely responsible for all actions on the Trading Platform through your Registration Data including any unauthorised disclosure of your Account Credentials. You undertake to immediately notify us in writing if you become aware of any loss, theft or use by any other person or entity other than you, of any of your Registration Data, including your Account Credentials.

3.5             You shall indemnify, defend, and hold us harmless from any claim, proceeding, loss or damages based upon any use, misuse, or unauthorised use of the Trading Platform through your Account Credentials.

4.                INTELLECTUAL PROPERTY RIGHTS

4.1             You acknowledge that all Intellectual Property Rights in the Trading Platform are owned by us or our licensors.

4.2             You will not:

4.2.1          copy, record, edit, alter or translate any of the Trading Platform, or any part of the Trading Platform. This shall include, without limitation not removing, editing or otherwise interfering with (or attempting to remove edit or otherwise interfere with) any names, marks, logos or branding on the Trading Platform; 

4.2.2          reverse engineer, disassemble or otherwise attempt to derive source code for the Trading Platform in whole or in part except to the extent expressly permitted by law; and 

4.2.3          in any manner damage or impair any of our Intellectual Property Rights, and shall use your best efforts to protect our Intellectual Property Rights from infringement by third parties.

4.3             The Trading Platform, all copies and any derivative works thereof (by whoever created), the associated goodwill and any Intellectual Property Rights in the Trading Platform, are and shall remain owned solely by us or our licensors. Except for the licence granted in Section 2.2, no other licence, right, or interest in any goodwill or Intellectual Property Right in the Trading Platform or any part or derivative work thereof is granted or conveyed to you.

4.4             Unless expressly permitted in this User Agreement, you shall not:

4.4.1          assign, sublicense, transfer, pledge, lease, rent, distribute or share the Trading Platform or any rights thereto under the Client Agreements;

4.4.2          separate any component part of the Trading Platform, or separately use any component part thereof on any equipment, machinery, hardware or system whatsoever;

4.4.3          decompile, disassemble, reverse compile, reverse engineer, create derivative works of or reproduce (other than one copy solely for backup and archival purposes) the Trading Platform or any parts thereof;

4.4.4          remove or destroy any proprietary marking or legends placed upon or contained within the Trading Platform;

4.4.5          develop methods to enable unauthorised parties to use the Trading Platform;

4.4.6          attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats or programming or interoperability interfaces of the Trading Platform by any means whatsoever;

4.4.7          provide, lease, lend, use for timesharing or service bureau purposes, or otherwise use or allow others to use the Trading Platform for the benefit of third parties;

4.4.8          work around any technical limitations in the Trading Platform, or use any tool to enable features or functionalities that are otherwise disabled in the Trading Platform;

4.4.9          use similar processes and functions to develop competing features or functions with the Trading Platform;

4.4.10       use the Trading Platform or any Financial Data to conduct any fraudulent, inappropriate or illegal activities, including without limitation deceptive impersonation; or

4.4.11       permit or encourage any third party to do any of the foregoing.

5.                REGISTRATION DATA

5.1             In order to use the Trading Platform, you must register with us by providing personal details, including identity documents, as Registration Data.

5.2              You agree and undertake to:

5.2.1          notify us of any changes to your personal and financial information and/or in your financial condition by emailing support@plus500.co.uk;

5.2.2          provide true, accurate, current and complete Registration Data as prompted by the registration process;

5.2.3          maintain and promptly update the Registration Data to keep it accurate, current and complete by emailing any changes to support@plus500.co.uk; and

5.2.4          ensure that you log out from your account at the end of each session on the Site.

5.2.5          We may carry out credit and other checks from time to time as we deem appropriate.  Your Registration Data or other information may be used in the prevention of money laundering as well as for the management of your account.  You authorise us to use your Registration Data and other information to perform the above checks in relation to your application.

5.2.6          In the event we become aware of any illegal activity, impropriety in the Registration Data or failure of any due diligence requirement, we may freeze your account.  Should such an event occur we may not be in a position to release funds and may not be able to carry out subsequent instructions from you.

5.3             Once logged onto the Trading Platform using your Account Credentials, you authorise us to rely upon any information or instructions set forth in any data transmission using your Registration Data, without making further investigation or inquiry, and regardless of the actual identity of the individual transmitting the same. Without limitation of the foregoing, we have no responsibility for transmissions that are inaccurate or not received by us, and we may execute any Transaction on the terms actually received by us.

6.                ASSESSING APPROPRIATENESS

6.1             Part of the Registration Data you provide allows us to assess whether the Trading Platform is appropriate for you, in accordance with the rules of the Financial Services Authority.

6.2             We are entitled to rely on the information you provide to us unless we are aware that such information is manifestly out of date, inaccurate or incomplete.  We have no responsibility for the information which you provide to us and we may assess your appropriateness on the basis of the information you give to us.

6.3             We will assess your knowledge and experience on the basis of the information received from you to enable a decision to be made on appropriateness. If we determine that the Trading Platform is not suitable for your level of experience and/or knowledge of CFDs we will notify you and we may not be able to open a Trading Account for you.

6.4             If you elect not to provide the information required to allow us to assess appropriateness, or if you provide insufficient information regarding your knowledge or experience, we may be unable to determine whether the Trading Platform is appropriate for you and therefore may decline your application to open a Trading Account.

6.5             If you ask us to complete your registration or any Transaction, despite being provided with a notification, we reserve the right to refuse to complete your registration or any Transaction.  In making such a decision we will have regard to the circumstances.

7.                CONFIDENTIALITY

7.1             You recognise that under the Client Agreements you may receive our trade secrets and/or confidential or proprietary information. All information belonging to or relating to us including, without limitation, information concerning business plans, customers, supplies, services, Intellectual Property Rights and/or financial information received by you as a result of entering into or performing the Client Agreements which is designated as confidential by us or is otherwise clearly confidential in nature constitutes "confidential information".

7.2             You agree not to use our confidential information for any purpose other than the purpose for which it is supplied to you under the Client Agreements and agree not to divulge confidential information received from us to any third party, and to prevent its disclosure to or access by any third party without our prior written consent except as may be required by law or any legal or regulatory authority.

7.3             You will use a reasonable degree of care to protect our confidential information. This obligation will survive the termination of this Agreement for a period of 2 years or, in respect of a particular item of confidential information, until such earlier time as that item of confidential information reaches the public domain other than through your breach of this term.

7.4             The obligations in this Section 7 shall not apply in relation to:

7.4.1        information which is or becomes public knowledge other than as a result of a breach of this Section 7;

7.4.2        information which you knew prior to the our first disclosure to you or received from a third party entitled to disclose the same;

7.4.3        information which any party is required to disclose by: law, any court of competent jurisdiction, any government agency or regulatory body lawfully requesting the same or by the regulations of any stock exchange provided that (to the extent not prohibited by law or order of court, government agency or regulatory body or stock exchange regulation) you promptly notify and consult with us in advance in relation to the timing and content of such disclosure.

7.5             You acknowledge that we shall be entitled to seek specific performance, injunctive relief or any other equitable remedies for any breach or threatened breach of any provision of this Section 7, which remedies shall not be deemed to be exclusive remedies for such breach or threatened breach by you, but shall be in addition to all other remedies available to us at law, in equity, or otherwise.

8.                PRIVACY POLICY

We collect and use your personal data in accordance with our privacy policy which is published on our Site.  In entering into this User Agreement you will be providing us with personal information within the meaning of the Data Protection Act 1998.  You consent to us processing all such information for the purposes of performing under this User Agreement and for the purpose of administering the relationship between you and us.  You agree we may share your personal information with third parties for these purposes and we may also use the information for analysis and improving our product and services in line with our Privacy Policy.

9.                CONSENT TO ELECTRONIC TRANSMISSION OF CONFIRMATION AND ACCOUNT STATEMENTS

9.1             You hereby consent to have your Trading Account information and trade confirmations available on the internet in lieu of having such information delivered to you via mail or email. You will be able to access account information via the Trading Platform using your Account Credentials. We will post all of your account activity and you will be able to generate daily, monthly and yearly reports of account activity as well as a report of each executed trade. Updated account information will be available no later than 24 hours after any activity takes place on your Trading Account. Posting of account information on your online account will be deemed delivery of confirmation and account statements. At all times, account information will include, and is not limited to, trade confirmations with ticket numbers, purchase and sales rates, Margins, amounts available for trading, statements of profit and loss, as well as current open and pending Positions. You may revoke your consent at any time by closing your Trading Account in accordance with this User Agreement.

 

PART TWO – TRANSACTIONS ON THE TRADING PLATFORM

10.             OPENING AND COMPLETING A TRANSACTION

10.1           Subject to Section 18.1, you shall be able to complete a Transaction through the Trading Platform for certain Instruments in a number of markets worldwide.  You acknowledge and agree that we may, in our sole discretion, add, remove or suspend from the Trading Platform, any Instrument, on any foreign market, from time to time. You agree that we may, in our sole discretion, hedge or otherwise offset any transaction with other third parties in order to offset any liability or risk associated with any transaction you undertake with us.

10.2           In order to open a Transaction on the Trading Platform, you must either open a Buy or a Sell, at the price quoted by the Trading Platform at the time of such Transaction.  In order to close a Transaction, you must either offer to sell (in the case of a Buy), or purchase (in the case of a Sell), the Instrument covered by such open Transaction, at the price quoted by the Trading Platform at the time of such closing offer.  Transactions or open positions cannot be transferred to other CFD providers or their platforms. Full details of our Order Execution Policy can be found on the Site.

10.3           The Trading Platform will provide a Buy quote and a Sell quote for each Instrument traded on the Trading Platform. You acknowledge that upon opening a Buy or closing a Sell, you may only do so at the price quoted by the Trading Platform to purchase such Instrument.  You further acknowledge that upon opening a Sell or closing a Buy, you may only do so at the price quoted by the Trading Platform for such Instrument.

10.4           On the Trading Platform, you shall be entitled to make an offer to open a Transaction at the best available rate on the Trading Platform (“Market Order”) at the time of opening such a Transaction, unless you specify a particular price in which to make an offer to open a Transaction (“Limit Order”). With respect to a Market Order, the price at which a Transaction is completed may not always be at the exact rate displayed when the order is submitted. You agree that your offer to open a Market Order may be accepted at a lower price or higher price than the price indicated by you in your Market Order, within a certain range as specified on the Trading Platform from time to time.  If you choose to open a Market Order, your offer will be accepted at the best possible rate offered on the Trading Platform, as defined by our Order Execution Policy.

10.5           With respect to a Limit Order, the price at which a Transaction is completed may not always be at the exact rate displayed when the order is submitted. You agree that your offer to open a Limit Order may be accepted at a lower price if a buy, or higher price if a sell, than the price indicated by you in your Limit Order as specified on the Trading Platform from time to time.  If you offer to open a Limit Order, your offer may be accepted at the price indicated by you in your offer.  At any time prior to acceptance of a Limit Order, you may cancel the Limit Order without any further liability.  If you choose to open a Limit Order, your offer will be accepted at the best possible rate offered on the Trading Platform, as defined by our Order Execution Policy.

10.6            

11.             STOP AND LIMITS

11.1           We may, in our sole discretion, allow you to specify a closing price for a Transaction through a “Close at Loss” and “Close at Profit” order, subject always to the terms of the Client Agreements  and any other terms and conditions we may implement from time to time.

11.2           Upon your offer and our acceptance of your Order, you hereby authorise us to close the Transaction at the “Close at Loss” price or “Close at Profit” price, as applicable, and as agreed in the Order, without further instruction from or notification to you.  We may, in our sole discretion, close the Transaction when the price quoted by us on the Trading Platform equals or exceeds the price accepted by us for such an Order.  You acknowledge that we will not be required to close any Transaction if you are not in compliance with any of the factors set forth in Section 15.14.                                                                                                                                        

11.3           We may, in our sole discretion, allow you to request the opening or closing of a Transaction, including a “Close at Loss” and “Close at Profit” Order, within a specific time period determined by you. If we have accepted such a request, we may in our sole discretion, close the Transaction within such specific time period. You acknowledge and agree that we shall not be obliged to close such a Transaction outside such specific time period or which does not otherwise comply with any other limitations agreed upon with respect to such Transaction.

11.4           We may, in our sole discretion, accept an offer to place a trailing stop in relation to a “Close at Loss”. You acknowledge that the original price level set forth in a Close at Loss may be amended as the market on the Trading Platform moves in your favour. Whilst your trailing “Close at Loss” is still in effect, you agree that each change in the market by at least one hundredth of a percentage  point (referred to as "Pips" on the Trading Platform) in your favour shall constitute a new offer by you to raise the level of your trailing “Close at Loss” by one hunderedth of one percentage point. Changes in a Pip will be rounded to the nearest absolute value in your base currency based on your country of origin, as shall be specified on the Trading Platform.

11.5           You acknowledge and agree that due to market volatility and factors beyond our control, we cannot guarantee that an Order will be executed at the level specified in your Order, for example, an Order may be closed at a worse price than as originally specified by you in such an Order. In such an event, we will close the Transaction at the next best price. For example, with respect to a Close at Loss, in the case of a Buy, the price of an Instrument underlying such Order may suddenly decrease below the Close at Loss price, without ever reaching such price. In the case of a Sell, the price of an Instrument underlying such Order may suddenly increase above the Close at Loss price, without ever reaching such price.

11.6           With respect to a Close at Profit where the price for an Instrument moves to your advantage (for example, if the price goes down as you buy or the price goes up as you sell), you agree that we can (but do not have to) pass such price improvement on to you. For example, in the case of a Buy, the price of an Instrument underlying such Order may suddenly increase above the Close at Profit price, without ever reaching such price. In the case of a Sell, the price of an Instrument underlying such Order may suddenly decrease below the Close at Profit price, without ever reaching such price.

12.             PREMIUM

12.1           Any open Transaction held by you at the end of the trading day of the Exchange on which the Instrument is traded or over the weekend when the relevant Exchange is closed, shall automatically be rolled over to the next business day to avoid an automatic close and physical settlement of the Transaction.  You acknowledge that when rolling such Transactions to the next business day, a Premium will be either added or subtracted from your account with respect to such Transaction (“Rolling”). The Premium amount is a constant percentage of the position value and is based on a number of factors including among others, whether the Transaction is a Buy or a Sell, interest rates, Instrument differentials, daily price fluctuations and other economic and market related factors.  The Premium for each Instrument is displayed  in the "details" link for each  specific Instrument on the Trading Platform. In deciding whether to open a Transaction for a specific Instrument, you acknowledge that you are aware of the Premium.

12.2           You hereby authorise us to add or subtract the Premium to or from your account for any open Transactions that have accrued a Premium, in accordance with the applicable rate thereto, each day at the time of collection specified on the Trading Platform for each individual Instrument, as applicable.

13.             EXPIRY TRANSACTIONS

13.1           We may, in our sole and absolute discretion, set an Expiry Date and time for a specific Instrument.

13.2           In the event we set an Expiry Date for a specific Instrument, it will be displayed on the Trading Platform in the details link for each specific Instrument. It is your responsibility to make yourself aware of the Expiry Date and time.

13.3           If you do not close an open Transaction with respect to an Instrument which has an Expiry Date, prior to such Expiry Date, the Transaction shall automatically close upon the Expiry Date. The Transaction shall close at a price which will be the last price quoted on the Trading Platform immediately prior to the applicable Expiry Date and time.

14.             OUR RIGHT TO FORCE CLOSE

14.1           If the prices quoted on the Trading Platform change such that the total difference payable by you pursuant to all of your open Transaction equals or exceeds the total Maintenance Margin for all such Transactions, or the amount in your Trading Account is equal to or less than the total Maintenance Margin for all of your open Transaction(s), or if we receive a charge-back from your credit card issuer or with respect to any other payment method for any reason, you acknowledge that we have the right, in our sole discretion, to immediately close any and all of your open Transactions whether at a loss or a profit and liquidate your Trading Account in accordance with Section 19.3, without any notice. The exercise of our right to force close your open Transactions will not result in termination of your account or of this User Agreement.

14.2           Notwithstanding the foregoing, if the prices quoted on the Trading Platform move against the price of your Transaction, we may, without obligation or liability, request that you increase the amount in your Trading Account, within a short period of time, to cover the Difference and/or meet the Maintenance Margin requirements for the purpose of keeping a Transaction open. If you fail to comply with a request for additional funds within the time prescribed by us, we may in our sole discretion, close any and all of your open Transaction whether at a loss or a profit and liquidate your Trading Account for the Difference payable by you. It is your responsibility to monitor, at all times, the amount deposited in your Trading Account against the amount of any margin required as a result of your trading decisions.

14.3           We may specify on the Trading Platform expiration times and dates for various Instruments traded on the Platform. If the Trading Platform specifies such a time of expiration for an Instrument, you hereby authorise us to close any open Transactions with respect to such an Instrument at the price quoted on the Trading Platform at such time.

14.4           You acknowledge that the trading of certain Instruments on the Trading Platform may become volatile very quickly and without warning. Due to the high degree of risk involved in trading volatile Instruments, you acknowledge and agree that we reserve the right to close all or any open Transactions with respect to any Instruments that we determine, in our sole discretion, are volatile, at the price quoted on the Trading Platform at such time without notice.

15.             GENERAL RULES OF TRADING

15.1           You acknowledge and agree that each Transaction conducted on the Trading Platform, including the placing of an Order, is comprised of first, an offer by you to us to complete a Transaction (whether such offer is to open a Transaction or close an open Transaction) at a certain price quoted on the Trading Platform, and our subsequent acceptance of your offer. A Transaction will be deemed to have been completed only when your offer has been received and accepted by us. Our acceptance of an offer will be evidenced by our confirmation of its terms to you and its completion.

15.2           We will be under no obligation to, but may in our absolute discretion, provide quotes for, or accept, execute or cancel, all or any part of a Transaction that you have requested through the Trading Platform without giving any reason.  You may request to cancel or amend a Transaction at any time prior to our completing such a Transaction. We shall be entitled, but not obliged, to accept such a request in our sole discretion.

15.3           Any Financial Data, prices, or other information available to you on the Site or the Trading Platform or offered by us in any other form or by any other means whatsoever (“Content”), is provided as general market commentary and does not constitute investment advice.  Furthermore, such Content is subject to change at any time without notice.  Whilst we do take reasonable measures to ensure the accuracy of such information, we will not accept liability for any loss or damage, including without limitation, any loss of profit, which may arise directly or indirectly from use of or reliance on such information.

15.4           We reserve the right to void from the outset any Transaction containing or based on any Manifest Error. In the absence of our fraud or wilful default, we will not be liable to you for any loss, cost, claim, demand or expense following any Manifest Error.

15.5           You acknowledge that all prices shown on the Trading Platform are indicative only of actual trading prices in Normal Market Size and are subject to constant change.

15.6           You shall comply with any restrictions that we notify to you from time to time with respect to your activities on the Trading Platform, including without limitation, the size of Transactions or other conditions that may apply to our quote. You acknowledge that we may offer to and impose on each user, in our sole discretion, different terms and restrictions with respect to their use of the Trading Platform.

15.7           You acknowledge that the Trading Platform is independent of any Exchanges and we are under no obligation to quote a particular price or follow the trading rules consistent with such Exchanges. You further acknowledge that the triggering of your Transaction is linked to the prices we quote on the Trading Platform, not the prices quoted on the relevant Exchanges. In determining whether the prices quoted on the Trading Platform reach or exceed the price accepted by us in a Transaction, we will be entitled (but not obliged), in our absolute discretion, to disregard any prices quoted by us during any pre-market, post-market or intra-day auction periods in the relevant Exchange, during any intra-day or other period of suspension in the relevant Exchange, or during any other period that in our reasonable opinion may give rise to short-term price spikes or other distortions. Our prices may differ from the current prices on the relevant Exchanges and you acknowledge that a Transaction may be triggered even though:

15.7.1       an Exchange never traded at the level of your Transaction; or

15.7.2       the Exchange did trade at the level of your Transaction but for such a short period that it would have been impractical to execute an equivalent transaction on the Exchange.

15.8           When you complete a Transaction on the Trading Platform, you agree that you are dealing with us as principal, off-exchange and are not dealing on the Exchange.

15.9           You acknowledge that any prices quoted on the Trading Platform are set by us in our reasonable discretion, taking into account a variety of factors including prevailing market conditions and trading demand on the Trading Platform. You undertake and agree not to use the prices quoted on the Trading Platform for any purpose other than for your own trading purpose, and you agree not to redistribute our prices to any other person whether such redistribution is for commercial or other purposes.

15.10         You acknowledge that each Transaction is made for a specified number of units that constitute the underlying Instrument. You may only complete Transactions on the Trading Platform for the minimum number of units as set forth on the Trading Platform as the “Unit Amount”, and in multiples of such “Unit Amount” up until the maximum amount permitted by the Trading Platform. You acknowledge and agree that we may set, in our sole and absolute discretion, the “Unit Amount” for each Instrument.

15.11         Each Transaction opened by you, and any Transaction completed, will be binding on you notwithstanding that by opening the Transaction you may have exceeded any credit or other limit applicable to you or in respect of your dealings with us.

15.12         Subject to Section 15.15 you may request a quote to open or close a Transaction for a particular Instrument, at any time during the Trading Hours for such Instrument. We will be under no obligation to but may, in our absolute discretion, provide a quote and accept and act on your offer to open or close a Transaction for an Instrument outside of the Trading Hours of such Instrument.  In some cases Transactions may only be traded during the time when the relevant exchange where the Instrument is traded is open. Trading Hours are displayed on the Trading Platform under the details link for each specific Instrument.  It is your responsibility to ensure you are aware of which Instrument may be affected.

15.13         Without derogating from Section 10.3, if, prior to the acceptance of your offer to open or close a Transaction, we become aware that any of the factors set out in Section 15.14 have not been met, we reserve the right to reject your offer outright. If we have, nevertheless, already opened or closed a Transaction prior to becoming aware that a factor set out in Section 15.14 has not been met, we may, in our absolute discretion, either treat such a Transaction as void from the outset or close it at our then prevailing price. However, we may, in our absolute discretion, allow you to open or, as the case may be, close the Transaction in which case you will be bound by the opening or closure of such Transaction, notwithstanding that the factors in Section 15.14 were not satisfied.

15.14         The factors referred to in Section 15.13 include the following:

15.14.1     the quote must be obtained via the Trading Platform or by such other means as we may from time to time notify you;

15.14.2     your offer to open or close the Transaction must be given while the quote is still valid;

15.14.3     the quote must not contain a Manifest Error;

15.14.4     when you offer to open a Transaction, the number of units in respect of which the Transaction is to be opened must be neither smaller than the minimum unit amount specified on the Trading Platform for the Instrument, as applicable, from time to time, nor greater than the amount permitted in accordance with the terms of this User Agreement;

15.14.5     when you offer to close part but not all of an open Transaction both the part of the Transaction that you offer to close and the part that would remain open if we accepted your offer must not be smaller than the minimum unit amount specified on the Trading Platform;

15.14.6     a Force Majeure Event must not have occurred as described in Section 16.1;

15.14.7     when you offer to open or close a Transaction an Event of Default must not have occurred in respect of you;

15.14.8     when you offer to open any Transaction, the opening of the Transaction must not result in your exceeding any initial or maintenance margin amount, credit or other limit placed on your dealings;

15.14.9     subject to Section 15.12, your offer must be given to us during the Trading Hours for the applicable Instrument in respect of which you offer to open or close the Transaction; and

15.14.10   any other factor that we, in our sole discretion, notify you from time to time.

15.15         If, before your offer to open or close a Transaction is accepted by us, our quote moves to your advantage (for example, if the price goes down as you buy or the price goes up as you sell) you agree that we can (but do not have to) pass such price improvement on to you. The effect of such action being that the level at which you offer to open or close a Transaction will, upon acceptance by us, be altered to the more favourable price. You acknowledge that it is in your best interests for us to alter the level of your offer in the manner contemplated in this Section and you agree that any offer altered in accordance with this Section, once accepted by us, results in a fully binding agreement between us. Without derogating from the foregoing, you acknowledge that it is within our complete discretion as to when we will pass on a price improvement to you. You should also note that we will only pass on a price improvement within allowable limits.

15.16         Use of any robots, spiders or other automated data entry system with the Trading Platform is expressly prohibited. All Transactions must be completed manually by you. Any Transaction completed through such use of an automatic data entry system shall be null and void. Upon a breach of this Section 15.16, we may immediately close all or any of your accounts held with us of whatever nature, terminate the Client Agreements without notice and refuse to enter into further Transactions with you. Furthermore, any monies held in your Trading Account shall be frozen and we shall be entitled to deduct any amounts from your Trading Account in order to set off any loss, damages or expenses incurred by us as a result of a breach of this Section. Any remaining monies in your Trading Account will be returned to you in accordance with Section 22.9.

15.17         If you have more than one Trading Account with us, each Trading Account will be treated entirely separately.  Therefore any credit on one Account (including amounts deposited as margin) will not discharge your liabilities in respect of any other Account.  It is your responsibility to ensure the required level of margin is in place for each Account separately.

15.18         Benefits – Dividends.  An adjustment to your Trading Account may be made in respect of a dividend or distribution attributable to any specific Instrument and shall be calculated by us.  Where you hold a long position, we adjust your Trading Account in your favour by the dividend multiplied by the long quantity as adjusted, if necessary, for taxation.  Where you hold a short position, we adjust your Trading Account in our favour by the dividend multiplied by the sort quantity as adjusted, if necessary, for taxation.

15.19         Benefits – Takeovers and Transformations (including events such as share consolidations/splits, mergers, takeovers, spinoffs, MBO’s, de-listings, etc).  Depending on the circumstances of each event, our policy is to close out any customer open positions at the market price immediately prior to the event taking place.  As a result of such event, if any Instrument becomes subject to an adjustment as the result of a takeover or transformation action we shall determine the appropriate adjustment to be made to the contract price or contract quantity as we consider appropriate to account for the diluting or concentrating effect of the action.  Such adjustment shall represent the economic equivalent of the rights and obligations of us and you immediately prior to the action.

15.20         Insolvency.  If a Company, whose Instrument forms the CFD goes into insolvency or is otherwise dissolved, we shall close any such of your open Transactions in the CFD of that Instrument.  The closing date shall be the date of insolvency.

16.             FORCE MAJEURE EVENTS

16.1           We may, in our reasonable opinion, determine that a Force Majeure Event exists. A Force Majeure Event will include, but is not limited to, the following:

16.1.1       any act, event or occurrence (including without limitation any strike, riot or civil commotion, act of terrorism, war, industrial action, acts and regulations of any governmental or supra national bodies or authorities) that, in our opinion, prevents us from maintaining an orderly market in one or more of the CFDs in respect of which we deal on the Trading Platform;

16.1.2       the suspension or closure of any Exchange or the occurrence, abandonment or failure of any Instrument on which we base, or to which we in any way relate, our quote, or the imposition of limits or special or unusual terms on the trading in any such market or on any such event;

16.1.3       the occurrence of an excessive movement in the level of any Transaction and/or Exchange or our anticipation (acting reasonably) of the occurrence of such a movement;

16.1.4       any breakdown or failure of transmission, communication or computer facilities, interruption of power supply, or electronic or communications equipment failure; or

16.1.5       the failure of any relevant supplier, Financial Institution intermediate broker, agent or principal of ours, custodian, sub-custodian, dealer, Exchange, clearing house or regulatory or self-regulatory organisation, for any reason, to perform its obligations.

16.2           If we determine that a Force Majeure Event exists, we may, in our absolute discretion, without notice and at any time, take one or more of the following steps

16.2.1       alter your Margin requirements; which may result in you requiring to provide additional margin.

16.2.2       close all or any of your open Transactions at such closing prices as we reasonably believe to be appropriate;

16.2.3       suspend or modify the application of all or part of the Client Agreements to the extent that the Force Majeure Event makes it impossible or impracticable for us to comply thereto; or

16.2.4       alter the Trading Hours for a particular Transaction.

16.3           You agree that we will not be liable in any way to you or to any other person in the event of a Force Majeure Event, nor for our actions pursuant to Section 16.2, if we decide to take such action. The parties shall be released of all responsibilities for partial or full non-fulfilment, as well as for improper fulfilment of the obligations under this Agreement, if such non-fulfilment or improper fulfilment was a result of a Force Majeure Event, which occurred after the Client Agreements were concluded.

 

 

PART THREE – PAYMENT DUE ON THE TRADING PLATFORM

17.             Client money

17.1           You hereby acknowledge and agree that all funds and currencies belonging to you ("Client Money") and which are unencumbered by margin requirements

17.1.1       are held by us in our designated client money account; or

17.1.2       may at any time be in our possession or control;

are subject to a right of set-off for all liabilities that you owe to us, irrespective of whether we have made advances in connection with such property or the number of accounts you may have with us.  Designated client money is segregated from the assets of the Firm and is deemed client money for the purposes of FSA rules.

17.2           We may, in our sole discretion, at any time and from time to time, without notice to you, apply and/or transfer any or all funds or currencies of yours between any of your accounts for the purposes of settling your future, actual or contingent obligations.

17.3           No interest is due or will be paid in respect of Client Money.

18.             MARGIN AND DEPOSIT REQUIREMENTS

18.1           In order to open a Transaction for an Instrument, you undertake to provide the Initial Margin in your Trading Account. In order to keep a Transaction open, you undertake to ensure that the amount in your Trading Account exceeds the Maintenance Margin. You acknowledge that the Margin for each Instrument differs and may be changed by us in our sole discretion from time to time.  Deposits into your Trading Account can be made by wire transfer or another method of payment, to a bank account, or other location, as we may notify to you from time to time. Based on the amount of money you have in your Trading Account, we retain the right to limit the amount and total number of open Transactions that you may wish to open or currently maintain on the Trading Platform.

18.2           Deposits for Margin and any other deposits due will, unless otherwise agreed or specified by us, be required in your base currency, based on your country of origin as specified in your address and as shall be specified on the Trading Platform.  We shall not, and you shall not request us to, convert any monies standing to your credit or which have been paid by you into your Trading Account in one currency to another currency.

18.3           You are aware and acknowledge that we may, in our sole discretion, require you to increase the amount in your Trading Account pursuant to a Margin Call. A Margin Call may be based upon a number of factors, including without limitation, your overall position with us, your account size, the number of open Transactions you have, volume traded, your trade history and market conditions. No previous Margin requirements specified by us shall preclude us from increasing the rates of Margin without notice.  It is your responsibility to monitor at all times the amount deposited in your Trading Account against the amount of any margin required under this User Agreement and any additional margin that may become necessary.

18.4           You agree to immediately satisfy any Margin Calls, by wire transfer to your Trading Account in the time prescribed by us. Our failure on one or more occasions to enforce or exercise our right to insist on immediate payments as set forth herein will not amount to a waiver or bar to enforcement of that right. Failure to meet the Margin Requirement at any time or failure to make a Margin Payment when due may result in force closure (para. 14) of your open positions without further notice to you.

19.             PAYMENTS AND SET-OFF

19.1           Upon completing a Transaction, and subject to any applicable adjustments for interest as set forth in this User Agreement:

19.1.1       You shall be liable for the Difference if the Transaction is:

(i)    a Sell, and the closing price of the Transaction is higher than the opening price of the Transaction; or

 

                             (ii)   a Buy, and the closing price of the Transaction is lower than the opening price of the Transaction.

 

19.1.2       You shall receive the Difference if the Transaction is:

(i)    a Sell, and the closing price of the Transaction is lower than the opening price of the Transaction; or

 

                             (ii)   a Buy, and the closing price of the Transaction is higher than the opening price of the Transaction.

 

19.2           Unless we agree otherwise, all sums for which you are liable pursuant to Section 18.1 are due immediately upon the closing price of your Transaction being determined by us and the Transaction being closed.

19.3           You hereby authorise us to automatically liquidate your Trading Account for the amounts for which you are liable pursuant to Section 19.1 upon the closing of a Transaction, or for any other amounts due by you under this User Agreement, without further notice. Any failure to enforce our rights hereunder shall not be deemed a waiver by us to enforce our rights hereunder.

19.4           Subject to any amounts for which you are liable under this User Agreement and the amount of the Maintenance Margin required in your Trading Account in accordance with this User Agreement due to open Transactions, any money standing to the credit of your Trading Account will be remitted to you upon your request. Where you do not make such a request, we will be under no obligation to, but may, in our absolute discretion, remit such monies to you. All bank charges howsoever arising will be deducted from your Trading Account. The manner in which we remit monies to you will be in our absolute discretion.  We may require payments to you go to an account in your name and from which you originally remitted funds to us and may request evidence from you that such an account is in your name before effecting such payment.

19.5           You shall be liable for any and all taxes, fees and assessments with respect to any Transaction you complete on the Trading Platform. It is your obligation alone to calculate and pay all taxes applicable to you in your country of residence, or otherwise arising as a result of your trading activity from the use of the Trading Platform.

19.6           Notwithstanding the above, if required by applicable law, the Company shall deduct at source from any payments due to you such amounts as are required by the tax authorities to be deducted in accordance with applicable law.

19.7           It is possible that other costs, including taxes, relating to transactions carried out on the Trading Platform may arise for which you are liable and which are neither paid via us nor imposed by us. Without derogating from your sole and entire responsibility to account for tax due, you agree that we may deduct tax, as may be required by the applicable law, with respect to your trading activity on the Trading Platform. You are aware that we have a right of set-off against any amounts in your Trading Account with respect to such tax deductions, and you hereby authorise us to withdraw amounts from your Trading Account with which to pay such taxes. You shall have no claim against us with regard to such deductions. You further agree that such deductions do not derogate from our rights to make Margin Calls under this User Agreement.

19.8           It is hereby clarified that subject to the terms of this User Agreement, the Difference is the only payment required by you for the use of the Trading Platform. Notwithstanding the above, we reserve the right to charge additional payments in the future, upon prior notice.

19.9           We reserve the right to seek reimbursement from you, if we receive a charge-back from any credit card issuer or with respect to any other payment method, for any reason. We may obtain such reimbursement by charging your Trading Account, deducting amounts from future payments owed to you, charging your credit card or obtaining reimbursement from you by any other lawful means.

19.10         Should your country of residence operate regulations or laws which restrict the use of currency or require you to report receipts and payments of that currency to a regulator or legal authority, you agree that you will fulfil any reporting obligations or obtain any required consents or approvals which may arise as a result of your use of the Trading Platform or associated transactions.

20.             INACTIVITY FEE

Fees may be payable by you by virtue of the fact that the Trading Platform is continually provided to you for trading in CFD’s, regardless of your actual use.  If there are no transactions on your account for a period of at least three months, your account will be subject to an Inactivity Fee in return for the provision of administrative and information services and the continued availability of your account on the Trading Platform.  You shall pay our Inactivity Fees as agreed with you from time to time or we may deduct such Fees from any funds held by us on your behalf.  The Inactivity Fee will be equal to the lesser of the remaining balance in your account or USD 5, levied quarterly and in the currency of your account.  Upon assessment of the Inactivity Fee your account may be closed.

21.             CREDIT EVALUATION AND DUE DILIGENCE

21.1           We or agents acting on our behalf may:

21.2           perform identity and fraud prevention checks and we may contact and/or pass your details onto group companies, financial and other organisations (including law enforcement agencies) involved in fraud prevention and detection who may use your information in the same way;

21.3           investigate your credit standing and in doing so will contact banks, financial institutions and credit agencies; and

21.4           investigate your current and past investment activity, in doing so we may contact futures commission merchants, exchanges, brokers/dealers, banks, and compliance data centres.

 

 

PART 4 – GENERAL TERMS RELATING TO OUR RELATIONSHIP WITH YOU

This Part 4 sets out the general terms that govern our relationship with you, including your use of the Trading Platform.

22.             TERM, TERMINATION and cancellation

22.1           You have the right to cancel the Client Agreements by providing us with fourteen (14) days written notice in advance and only if you have not instructed any Transactions on the Trading Platform. Such cancellation period will be deemed to begin on the day you entered into the Client Agreements with us.

22.2           You shall be entitled to terminate use of the Trading Platform by providing us with thirty (30) days written notice to support@plus500.com in advance and only if you have no open Transactions on the Trading Platform.

22.3           In the event that you withdraw all monies on your account and cease to trade, without closing the account, your account will remain inactive until you deposit more money into your account.

22.4           The Client Agreements may be terminated by either party at any time, if

22.4.1       the other party fails to make any payment when due; or

22.4.2       the other party dies, become of unsound mind, is unable to pay its debts as they fall due, is subject to proceedings for bankruptcy (if an individual) initiated by a third party, an administrator or receiver is appointed in respect of such other party or its assets, or such other party makes an arrangement or composition with its creditors or any other similar or analogous procedure is commenced in respect of such other party.

22.5           We may immediately terminate the Client Agreements by providing written notice if:

22.5.1       you breach any warranty or representation under the Client Agreements or any other agreement between the parties, or any warranty or representation proves to have been false or misleading in any material respect at the time it was made or given;

22.5.2       you materially breach any term or condition of the Client Agreements (including the terms of any Transaction); or

22.5.3       any Transaction or combination of Transactions or any realised or unrealised losses on any Transactions or combination of Transactions opened by you results in your exceeding any credit or other limit placed on your dealings.

22.6           We shall be entitled to terminate the Client Agreements immediately by providing you written notice, with or without cause, in our sole and absolute discretion.

22.7           If you have committed an Event of Default or breach of warranty or we decide to terminate the Client Agreements pursuant to Section 22.6, we may, in our absolute discretion, at any time and without prior notice:

22.7.1       close all or any of your open Transactions at a closing price based on the then prevailing quotations or prices offered on the Trading Platform or, if none, at such levels as we consider fair and reasonable;

22.7.2       exercise any set-off rights we have under this User Agreement; and

22.7.3       close all or any of your accounts held with us of whatever nature and refuse to enter into further Transactions with you.

22.8           In our absolute discretion and based on our assessment of your financial condition, we may, in the event of your failing to meet a demand for a Margin Call or your being in excess of any credit limit placed on your Trading Account, allow you to continue to trade with us, or allow your open Positions to remain open. You acknowledge that, if we agree to allow you to continue to trade or to allow your open Positions to remain open, this may result in your incurring further losses.

22.9           In the event of the termination or cancellation of this User Agreement, we will, subject to Section 20.10, return to you without undue delay and in any event within five (5) business days the net balance of any monies remaining on your Trading Account.  We shall forward to you any such net balances in your Trading Account (i) as directed by you, or (ii) by transferring such funds directly to your bank account as notified to us (such option being at our sole discretion). In the event that you fail to provide instruction we shall forward such funds (at our sole discretion) (i) directly to your bank account as notified to us, or (ii) by way of a cheque sent by mail to the address recorded in your Registration Data. No penalty will be payable by either party on cancellation or termination of the Client Agreements.

22.10         The amount to be remitted to you pursuant to Section 22.9 shall be the net balance of your Trading Account less (i) any and all monies due to us from you pursuant to the Client Agreements; and (ii) any and all taxes and other sums that we are required to withhold from such remittance in accordance with applicable law.  Such remittances may be subject to an administration charge.

22.11         The rights set forth in this Section 22 shall be in addition to, and not in limitation or exclusion of, any other rights which a non-defaulting party may have (whether by agreement, operation of law or otherwise).

22.12         Upon expiry, cancellation or termination of the Client Agreements you shall immediately cease to use or have access to the Trading Platform (in any format) and shall promptly return all our materials at your own risk and expense.

22.13         Expiry or termination of the Client Agreements for any reason will:

22.13.1    be without prejudice to any obligation or right of any party which has accrued prior to such expiry or termination (or will thereafter accrue in respect of the period before such expiry or termination); and

22.13.2    not affect any provision of the Client Agreements which is expressly or by implication intended to come into effect on, or to continue in effect after, such expiry or termination.

22.14         Without prejudice to the generality of Section 21.13, the provisions of Section 7.3 will survive expiry, cancellation or termination of the Client Agreements for any reason for a period of 2 years or, in respect of a particular item of confidential information, until such earlier time as that item of confidential information reaches the public domain other than through your breach of this term.

23.             Financial Services compensation scheme

By trading on the Trading Platform you are exposed to risk of our default, as detailed in our Risk Disclosure Notice. In the event that we are unable to satisfy any claims you may have against us, we are members of the Financial Services Compensation Scheme, which in respect of any proven or eligible claims, provides protection of 100% of the first £50,000 of any claim in respect of your deposit.  Further information about compensation arrangements is available on the website: fscs.org.uk

24.             REPRESENTATIONS AND WARRANTIES

24.1           You agree that each of the following representations and warranties are deemed repeated each time you open or close a Transaction by reference to the circumstances prevailing at such time:

24.1.1       the Registration Data provided to us during the download and registration for the Trading Platform and at any time thereafter is complete, true, accurate and not misleading in all respects;

24.1.2       you are of sound mind, legal age and legal competence;

24.1.3       you are duly authorised to execute and deliver the Client Agreements, to open each Transaction and to perform your obligations hereunder and thereunder and have taken all necessary action to authorise such execution, delivery and performance; 

24.1.4       you understand how a CFD and a Transaction operates before you place an offer to open a Transaction on the Trading Platform. By doing so, you warrant that you understand the terms and conditions of the Client Agreements, and any legal and financial implications thereof;

24.1.5       any person representing you in opening or closing a Transaction will have been, and the person entering into the Client Agreements on your behalf is, duly authorised to do so on your behalf;

24.1.6       you are not an employee of any Exchange, a corporation in which any Exchange owns a majority of the capital stock, a member of any Exchange and/or firm registered on any Exchange or any bank, trust or insurance company that trades in CFDs;

24.1.7       you will not enter into any Transaction for the purposes of arbitrage, scalping or to exploit any temporal and/or minor inaccuracy in any rate or price offered on the Trading Platform; positions held for a short timeframe are considered to be scalping.

24.1.8       you have obtained all relevant governmental or other authorisations and consents required by you in connection with the Client Agreements and in connection with opening or closing Transactions and such authorisations and consents are in full force and effect and all of their conditions have been and will be complied with;

24.1.9       you have taken all reasonable steps to understand the specifications and characteristics of the Trading Platform and the associated hardware, software, data processing and telecommunication systems and networks required to access and operate the Trading Platform;

24.1.10     the execution, delivery and performance of the Client Agreements and your use of the Trading Platform including each Transaction you complete thereto will not violate any law, ordinance, charter, by-law or rule applicable to you, in the jurisdiction in which you are resident, or any agreement by which you are bound or by which any of your assets are affected; and

24.1.11     other than in exceptional circumstances you will not send funds to your Trading Account from any bank account other than as stipulated in the Registration Data. Whether exceptional circumstances exist will be determined by us from time to time.

24.1.12     From time to time we may offer money bonuses by way of promotion.  Details of the terms and conditions associated with such money bonuses can be found on the “limited time promotions” page of the website and may vary from time to time.  You warrant you will abide by the restrictions and limitations in force in respect of these bonuses should you qualify for one.  A breach of any of these restrictions and limitations will invalidate or render void any bonuses and associated trading gains.

 

24.2           Any breach by you of any of the representations and warranties set forth in Section 24.1 or anywhere else in the Client Agreements renders any Transaction voidable from the outset or capable of being closed by us at our then prevailing prices, in our absolute discretion.

25.             COUNTERPARTY DISCLOSURE

25.1           The trading you conduct on the Trading Platform is not conducted on an Exchange.  We act as a counterparty in Transactions conducted on the Trading Platform and, therefore, act as the buyer when you offer to sell an Instrument and the seller when you offer to buy an Instrument.  The prices we offer on the Trading Platform might not be the best prices available and we may offer different prices to different users.

25.2           Although we are the counterparty to each of your Transactions, we may limit our risk by immediately hedging (offsetting) your Transactions with another transaction that we enter into with a Financial Institution.  We are compensated by marking up the price we received from the Financial Institution.  You should be aware that we may make money if the market goes against you.  Additionally, since we act as the buyer or the seller in a Transaction, you should carefully evaluate any trade information you receive from us, or from any referred Financial Institution.

26.             INDEMNITY

26.1           You agree to indemnify, and hold us, our affiliates, employees, agents and successors harmless, from and against any and all liabilities, losses, damages, costs and expenses, including attorney fees, we incur arising out of your failure to fully and timely perform your obligations under the Client Agreements or any Third Party Licences, or as a result of your breach of any warranty, representation or covenant made by you under the Client Agreements or any Third Party Licences. Without derogating from the generality of the foregoing, you agree to be fully and personally liable for the due settlement of every Transaction entered into using your Account Credentials on the Trading Platform, including any and all taxes, fees and assessments that may be payable with respect to a Transaction to any governmental entity. You agree to indemnify us fully in respect of all liabilities, costs and losses whatsoever as we may incur as a result, direct or indirect, of your failure to perform or settle a Transaction, including with respect to Financial Institutions which we contract with to execute Transactions on your behalf.

26.2           You also agree to promptly pay us all damages, costs and expenses, including legal fees, we have incurred in the enforcement of any of the provisions of the Client Agreements and any other agreements we have with you. Further, we shall not be held liable and are released from all claims and losses arising out of:

26.2.1       any act or omission by any person obtaining access to your Trading Account or Account Credentials, whether or not you have authorised such access;

26.2.2       delay, failure or error by you in implementing any reasonable instruction we have provided to you;

26.2.3       inaccurate or incomplete instructions received by you;

26.2.4       any reliance or use by you or any other third party with access to your Trading Account of any Financial Data, whether to complete a Transaction on the Trading Platform or for any other purpose whatsoever:

provided that we promptly notify you in writing of any such claim and allow you to participate, at your own expense, in the defence of any such claim. You shall not enter into any settlement or compromise of any such claim without our prior written consent.

27.             disclaimer

27.1           We, specifically, do not warrant that

27.1.1       the Trading Platform will meet your requirements;

27.1.2       your equipment, software, and communication connections will be compatible with the hardware and software we employ to provide the Trading Platform;

27.1.3       the use of the Trading Platform will be uninterrupted, secure or error-free;

27.1.4       we will be able to prevent third party disruptions of and to the operation of the Trading Platform;

27.1.5       errors will be corrected in the Trading Platform; or

27.1.6       we will detect every bug in the Trading Platform.

27.2           You acknowledge that we do not control the transfer of data over telecommunications facilities, including without limitation the internet, nor are we responsible for communication failures, distortions or delays when trading online (via the internet or a mobile service).

27.3           We hereby further disclaim any, and shall have no, liability resulting from or related to any

27.3.1       disruption of your connections to the internet,

27.3.2       loss to or corruption of any of your data or records, whether stored on the Trading Platform or not, or lack of back-up thereof,

27.3.3       security breaches resulting in part or in whole from third-party software or networking goods or services or from actions or events outside of our reasonable control,

27.3.4       provision of security-related services that we may voluntarily provide outside the scope of the Client Agreements; and

27.3.5       use of the Trading Platform that is not in strict compliance with the Client Agreements , or any technical documentation we provide to you or make available to you by any other means, including without limitation, on our Site.

27.4           With respect to any financial data or other information that we or any third party service provider provide to you in connection with your use of the Trading Platform:

27.4.1       we and any such provider are not responsible or liable if any such data or information is inaccurate or incomplete in any respect;

27.4.2       we and any such provider are not responsible or liable for any actions that you take or do not take based on such data or information;

27.4.3       you will use such data or information solely in accordance and for the purposes set forth in the Client Agreements;

27.4.4       such data or information is proprietary to us and to third party providers as applicable, and you will not retransmit, redistribute, publish, disclose or display in whole or in part such data or information to third parties except as required by applicable regulations; and

27.4.5       you will use such data or information solely in compliance with any applicable laws and regulations.

 

28.             LIMITATION OF LIABILITY

28.1           Subject to Sections 28.2 to 28.5 our aggregate liability to you in respect of all claims arising out of or in connection with the Client Agreements (including without limitation as a result of breach of contract, negligence or any other tort, under statute or otherwise) will be limited to the aggregate amount of the deposits less withdrawals on your Trading Account.

28.2           Subject to Sections 28.3 and 28.5, neither party will be liable to the other for:

28.2.1       any loss (whether direct or indirect) of revenue or profits;

28.2.2       any loss (whether direct or indirect)  of anticipated savings;

28.2.3       any loss (whether direct or indirect) of goodwill or injury to reputation;

28.2.4       any loss (whether direct or indirect) of business opportunity or arising from business interruption;

28.2.5       any loss (whether direct or indirect) of or corruption to data;

28.2.6       indirect, consequential, incidental, exemplary, punitive or special loss or damage

in each case arising out of or in connection with the Client Agreements including without limitation as a result of breach of contract, negligence or any other tort, under statute or otherwise, and regardless of whether either party knew or had reason to know of the possibility of the loss, injury or damage in question.

28.3           Nothing in the Client Agreements will exclude, limit or restrict either party's liability for death or personal injury resulting from the negligence of that party (or its officers, agents or employees) or any other matter in respect of which liability cannot by applicable law be limited.

28.4           Nothing in this Section 28 will exclude, limit or restrict either party's liability for fraud or fraudulent misrepresentation committed by that party (or its officers, agents or employees).

28.5           Subject to Sections 28.1 to 28.4, our liability for infringement of third party intellectual property rights shall be limited to breaches of rights subsisting in the UK.

28.6           You acknowledge that the Trading Platform has not been developed to meet your individual requirements and that it is therefore your responsibility to ensure that the facilities and functions of the Trading Platform meet your requirements.

28.7           You acknowledge that the Trading Platform may not be free of bugs or errors and you agree that the existence of any minor errors shall not constitute a breach of any of the Client Agreements.

28.8           The Client Agreements set out the full extent of our obligations and liabilities in respect of the supply of the Trading Platform.  In particular, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us except as specifically stated in the Client Agreements.  Any condition, warranty, representation or other term concerning the supply of the Trading Platform which might otherwise be implied into, or incorporated in, the Client Agreements, or any collateral contract, whether by statute, common law or otherwise, is hereby excluded to the fullest extent permitted by law.

29.             RECORDS

Our records, unless shown to be wrong, will be evidence of your dealings with us in connection with the Trading Platform. You will not rely on us to comply with your record keeping obligations, although records may be made available to you on request in our absolute discretion. You will not object to the admission of our records as evidence in any legal or regulatory proceedings because such records are not originals, are not in writing or are documents produced by a computer.

30.             AUTHORITY TO TRADE; YOUR CONDUCT

30.1           You hereby authorise us to act on any instruction given or appearing to be given by you on the Trading Platform.

30.2           We shall be entitled, and you hereby authorise us, to rely upon any oral, electronic or written communication or instruction received from you. You agree that:

30.2.1       once logged on to the Trading Platform following entry of the Account Credentials, we are authorised to act upon instructions without enquiring as to the validity of the instructions and to consider the instructions of like force and effect as written orders made by you;

30.2.2       following log-in to the Trading platform, nothing in this section will oblige us to verify the validity of each instruction or the signatures prior to every trade; and

30.2.3       you shall bear the risk of all instructions, whether authorised, unauthorised, improper or fraudulent,  even if it transpires such instructions were provided without your authority. You shall indemnify us against and save us harmless from all losses, costs, fees, damages, expenses, claims, suits, demands and liabilities whatsoever that we may suffer or incur or that may be brought against us, in any way relating to or arising out of our acting upon, delay in acting upon or refusal to act upon any such instructions or information.

30.3           Without derogating from the above, we will not be under any duty to act in accordance with any instruction if we reasonably believe that:

30.3.1       the person who provided such an instruction was acting in excess of his authority;

30.3.2       acting upon such an instruction would infringe any law, rule, regulation or the Client Agreements; or

30.3.3       in the event that we have accepted an offer to perform a Transaction that we later suspect falls within Sections 30.3.1 or 30.3.2, we may, in our absolute discretion, either close such a Transaction at the then prevailing price quoted on the Trading Platform or treat the Transaction as having been void from the outset.

Nothing in this Section shall be construed as an obligation on our part to inquire about the authority of any person who purports to represent you.

30.4           Any offer to open or close a Transaction (including an Order) must be made by you through the Trading Platform only. Written offers to open or close a Transaction, including offers sent by fax, email or text message will not be accepted.

30.5           If we receive an offer to open or close a Transaction other than in accordance with Section 30.4, we may act on such an offer, in our absolute discretion, however we will not be responsible for any loss, damage or cost that you suffer or incur arising out of any error, delay or omission in our acting or refusing to act on such an offer.

30.6           We will not be responsible for any loss, damage or expense arising out of a failure by you to open or close a Transaction, or otherwise communicate with us, for any reason whatsoever, other than for wilful default or negligence on our part.

30.7           It is your responsibility to ensure, at all times, that we have been notified of your current and updated Registration Data including current and correct address, contact phone number and email address. You must immediately update the Trading Platform in the event of a change to your address or contact details, unless we agree to another form of communication.

30.8           It is your responsibility to make sure that you read all notices, rules, disclaimers, terms and conditions and privacy policies posted on our Site from time to time.

31.             RELATIONSHIP OF PARTIES

31.1           You will open each Transaction with us as principal and not as agent for any person. This means that unless we have otherwise agreed in writing, we will treat you as our client for all purposes and you will be directly and personally responsible for performing your obligations under each Transaction entered into by you. If you act in connection with or on behalf of someone else, whether or not you identify that person to us or not, we will not accept that person as a customer of ours and we will accept no obligation to them unless otherwise specifically agreed in writing.

31.2           Dealings with you will be carried out by us on an execution-only basis in accordance with our Order Execution Policy unless otherwise agreed by us in writing.  We do not and will not provide advice on the merits or suitability of any particular Transaction.  You agree that, unless otherwise provided in the Client Agreements, we are under no obligation:

31.2.1       to monitor or advise you on the status of any Transaction;

31.2.2       to make Margin Calls or advise you that you are in breach of Section 18.1; or

31.2.3       to close any Transaction that you have opened

notwithstanding that previously we may have taken such action in relation to that Transaction or any other.

31.3           You hereby acknowledge and declare that in respect of all dealings conducted by you on the Trading Platform, you rely on your own judgment in opening, closing, or refraining from opening or closing a Transaction and that we will not, in the absence of fraud, be liable for any losses (including, without limitation, indirect or consequential losses or loss of opportunity or profits arising from any failure by you to make any anticipated profits), costs, expenses or damages suffered by you arising from any inaccuracy or mistake in any information including without limitation the Financial Data, given to you, including without limitation, information relating to any of your Transactions with us. The Financial Data provided to you is for your convenience only and does not constitute financial or investment advice. You acknowledge that you have relied upon other sources of financial data and information and verified the Financial Data with independent sources before completing a Transaction on the Trading Platform. Subject to our right to void or close any Transaction in the specific circumstances set out in the Client Agreements, any Transaction opened by you following such inaccuracy or mistake will nonetheless remain valid and binding in all respects on both you and us.

31.4           Before you begin to trade with us, you acknowledge that you are aware of all spreads, fees, interest and other charges for which you will be liable under the Client Agreements. These charges will affect your trading net profits (if any) or increase your losses, as the case may be.

32.             Notices, communications and complaints

32.1           All notices to Plus500 UK Ltd should be sent:

32.1.1       by fax to:  +44 203 002 7290;

32.1.2       by first class pre-paid recorded delivery post  or airmail to Talbot House, 8-9 Talbot Court, London, EC3V 0BP; or

32.1.3       to such other address, fax number or email as we may from time to time advise you.

32.2           All notices given by Plus500.com to you will be given by e-mail from support@plus500.com or by postal mail to the address provided by you at Registration.

32.3           If personally delivered, such communication shall be deemed delivered upon actual receipt; if electronically transmitted pursuant to this paragraph, such communication shall be deemed delivered the next business day after transmission (and sender shall bear the burden of proof of delivery); if sent by overnight courier pursuant to this paragraph, such communication shall be deemed delivered upon receipt; and if sent by certified mail pursuant to this paragraph, such communication shall be deemed delivered as of the date of delivery indicated on the receipt issued by the relevant postal service, or, if the addressee fails or refuses to accept delivery, as of the date of such failure or refusal.  Any party to the Client Agreements may change its address for the purposes of the Client Agreements by giving notice thereof in accordance with this Section, or as otherwise permitted by the Client Agreements.

32.4           Any complaint you may have in respect of the services provided by Plus500.com under the Client Agreements should be made in writing and sent to us in accordance with Section 31.1. We have in place internal procedures for ensuring that any complaint we receive is dealt with promptly and fairly. Details of our complaints procedure can be provided on request.

32.5           The Client Agreements are written in the English language and all correspondence, documents and communications between you and us shall be in English.

 

 

33.             Entire Agreement

33.1           The Client Agreements set out the entire agreement and understanding between the parties in respect of the matters dealt with in them. They supersede any previous agreement or understanding between you and us in respect of their subject matter.

33.2           You represent and agree that in entering into the Client Agreements you do not rely on, and will have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to the Client Agreements or not) other than as expressly set out in the Client Agreements.

34.             Severability

If any provision of the Client Agreements is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability will not affect the other provisions of the Client Agreements which will remain in full force and effect. The headings of the Client Agreements are solely for convenience purposes and shall not be used in the interpretation of the Client Agreements.

35.             Additional Services

You acknowledge that we may provide the Trading Platform to other parties, and agree that nothing herein will be deemed or construed to prevent us from providing such services. 

36.             Waiver

36.1           Any failure to exercise or any delay in exercising a right or remedy provided by the Client Agreements or at law or in equity (and/or the continued performance of the Client Agreements) will not constitute a waiver of the right or remedy or a waiver of any other rights or remedies. A waiver of a breach of any of the terms of the Client Agreements will not constitute a waiver of any other breach and will not affect the other terms of the Client Agreements.

36.2           The rights and remedies provided by the Client Agreements are cumulative and (except as otherwise provided in the Client Agreements) are not exclusive of any rights or remedies provided at law or in equity.

37.             Assignment

37.1           You may not assign or transfer any of your rights or delegate any of your obligations under the Client Agreements, whether by operation of law or otherwise, either on a permanent or temporary basis to a third party without our prior written consent.

37.2           You acknowledge and agree that we may assign our rights or obligations under the Client Agreements to a successor of all or substantially all of our business or assets without prior written consent. Subject to the foregoing, the Client Agreements will bind and inure to the benefit of the parties and their respective successors, and is not intended to confer any other entity or person any rights or remedies hereunder.

38.             Precedence

In the event of a conflict between any of the provisions of the Client Agreements, the terms of this User Agreement shall prevail.

39.             Governing Law and jurisdiction

The interpretation, construction, effect and enforceability of the Client Agreements shall be governed by English Law, and you and we agree to submit to the exclusive jurisdiction of the English courts for the determination of disputes.  You agree all Transactions carried out on the Trading Platform are governed by English Law regardless of the location of the Registered User.

40.             CONFLICTS OF INTEREST

We provide the Trading Platform for dealing in CFD’s and do not carry out any competing activities which could give rise to a conflict of interest with clients or between clients. At no time can the interests of a client be harmed by the exchange of information or any other factor as envisaged under Article 22 of the EU Markets in Financial Instruments Directive.

 

 

PART FIVE – DEFINITIONS

“Account Credentials”	means a unique username and password used by you to access and use the Trading Platform
“Authorised Person”	means you or any of your officers, partners, principals or employees
“Buy”	means a Transaction that is opened by offering to buy a specific number of a certain Instrument, and may also in our dealings with you, be referred to as a “long” or “long position”
“CFD” (contract for difference)	means a contract that you enter into with us, for the difference between the value of an Instrument as specified on the Trading Platform at the time of opening a Transaction, and the value of such Instrument at the time of closing the Transaction
“Close at Loss”	means an offer to close a Transaction at a price determined in advance by you which, in the case of a Buy is lower than the opening Transaction price and in the case of a Sell is higher than the opening Transaction price
“Close at Profit”	means an offer to close a Transaction at a price determined in advance by you which, in the case of a Buy is higher than the opening Transaction price and in the case of a Sell is lower than the opening Transaction price
“Difference”	means the difference in price upon the opening of a Transaction and the closing of such Transaction, plus or minus the Premium, as applicable
“Effective Date”	means the date upon which you download or obtain a copy of the Trading Platform, by any means whatsoever
“Event of Default”	means any of the events set forth in Section 22.5
“Exchange(s)”	means securities or futures exchanges, clearing houses, self-regulatory organisations, multilateral trading facilities or alternative trading systems for Instruments
“Expiry Date”	means the date set specified on the Trading Platform with respect to certain Instruments upon which any open Transaction for such Instruments shall expire automatically
“Financial Data”	means any financial and market data, price quotes, news, analyst opinions, research reports, graphs or any other data or information whatsoever available through the Trading Platform
“Financial Institutions”	means global banks, financial institutions, brokers or other trading organisations
“Force Majeure Event”	means the existence of an emergency or an exceptional market condition, including without limitation, the events set forth in Section 16.1
“Initial Margin”	means the minimum amount of money required in your Trading Account in order to open a Transaction, as specified on the Trading Platform from time to time for each specific Instrument
“Instrument”	means any stocks, shares, commodities, base or precious metals, exchange rates, indices, or other financial instruments, which form the underlying instruments of the CFDs offered through the Trading Platform
"Intellectual Property Rights"	means patents, trade marks, service marks, logos, get-up, trade names, internet domain names, rights in designs, copyright (including rights in computer software), database rights, semi-conductor topography rights, utility models, rights in know-how and other intellectual property rights, in each case whether registered or unregistered and including applications for registration, and all other  rights or forms of protection having equivalent or similar effect anywhere in the world
"Limit Order"	has the meaning given in Section 10.5;
“Maintenance Margin”	means the minimum amount of money required in your Trading Account as specified on the Trading Platform in order to keep a Transaction open on the Trading Platform
“Manifest Error”	means any error that we reasonably believe to be obvious or palpable, including without limitation, offers to execute Transactions for exaggerated volumes of Instruments or at manifestly incorrect market price quotes or prices at a clear loss
“Margin”	means the Initial Margin and the Maintenance Margin collectively
“Margin Call”	means a demand by us for you to increase the amount of money in your Trading Account to satisfy our Margin requirements, from time to time in our sole and absolute discretion, including without limitation a call under Section 14.2
"Market Order"	has the meaning given in Section 10.4;
“Normal Market Size”	means the maximum number of Instruments that we believe, in our sole discretion, an Exchange trading in such an Instrument can comfortably handle, having regard, if appropriate, to the normal market size set by such an Exchange or any other equivalent or analogous level set by the Exchange on which the Instrument is traded
“Order”	means a Close at Loss or Close at Profit order
“Pip”	means one hundredth of one percentage point
"Position"	means your position in relation to any CFD currently open on your Trading Account
“Premium”	means an amount either added or subtracted from your account, as applicable, based on the rate set forth on the Trading Platform from time to time, for any Transaction that is open at the end of the international trading day (as such term is commonly known) or over the weekend when the Exchanges are closed
"Privacy Policy"	means our privacy policy which can be found on the Site.
“Registration Data”	means certain personal and financial information that you are required to provide in order to download and use the Trading Platform including Account Credentials, such information can include a copy of your passport, driving license and/or Photo identity card.
“Scalping”	means positions generally held for a short timeframe.  A full definition is given in Wikipedia.
“Sell”	means a Transaction that is opened by offering to sell a specific number of a certain Instrument, and may also in our dealings with you, be referred to as a “short” or “short position”
“Site”	means www. plus500.com, plus500uk.co.uk or such country specific equivalent
"Software"	means the software provided by us which you will need to download in order to use the Trading Platform
“Third Party Licences”	means licences from third parties governing third party software embedded or used in the Trading Platform
“Trading Account”	means your online account used to trade on the Trading Platform
“Trading Hours”	means the hours of trading as set forth on the Trading Platform for a particular Instrument
“Trading Platform”	means the Plus500™ electronic trading platform facility (together with any other programs, tools, services, upgrades, bug fixes and updates if any, and the underlying code thereto)
“Transaction”	means either the opening or closing of an offer to either buy or sell a CFD for an Instrument on the Trading Platform, whether by you or us, in accordance with the terms of the Client Agreements