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Risk Disclosure Statement
CFDs are complex instruments and come with a high risk of losing money rapidly due to leverage. You should consider whether you understand how CFDs work and whether you can afford to take the high risk of losing your money. These products may not be suitable for all investors. Please make sure that you fully understand the risks involved and seek independent advice if necessary.
Trading in margined Foreign Exchange and/or Precious Metals and CFDs involves a high degree of risk including the risk of loss of the Customer’s entire Risk Capital and Customer’s Money deposited with BLUE SUISSE. This brief statement does not disclose all of the risks and other significant aspects of spot Foreign Currency, Precious Metals and CFD trading. In the light of the risks, you should undertake such transactions only if you (“Customer” or “you”) understand the nature of the trading in which you are about to engage and the extent of your exposure to risk.
Trading in spot OTC Foreign Exchange / Precious Metals and CFD´s is not suitable for all members of the public. You should carefully consider whether such trading is commensurate to your knowledge, experience, objectives, financial resources and other relevant circumstances.
BLUE SUISSE thereby invites you to rigorously examine and assess your financial objectives, financial status, investment constraints and tax situation to determine whether spot OTC Foreign Exchange, precious metals and CFD trading is suitable for you. In addition, we require you to read and acknowledge the BLUE SUISSE Risk Disclosure Statement that outlines without limitation some of the risks associated with trading margined spot OTC Foreign Exchange and Precious Metals and CFDs through BLUE SUISSE. By signing this Agreement, you hereby understand and agree to the following:
1. No Profit Guarantee
There is no guarantee of profit from trading through BLUE SUISSE. A return on investment is in no manner guaranteed, may fluctuate and may go down as well as up. You acknowledge that neither BLUE SUISSE nor any of its Introducing Brokers or representatives guarantees to you that you will profit from trading or investing in OTC margined spot Foreign Exchange, Precious Metals and/or Contracts for Difference (CFDs). You further confirm that you can sustain the total loss of your entire Risk Capital and Customer’s Money deposited in your Account and are financially able to withstand any losses incurred.
2. Risks relating to OTC Markets
OTC margined spot Foreign Exchange, Precious Metals and CFD trading is highly speculative and inherently high risk. You agree that they are in full understanding and are willing to assume the legal, economic, and other risks associated with trading in margined OTC spot Foreign Exchange, Precious Metals and CFDs, and are willing and able to assume the loss of your entire Risk Capital, without impinging negatively on your lifestyle or your family’s lifestyle. Because of the aforesaid, margined spot OTC Foreign Exchange, Precious Metals and CFD trading may not be suitable for retirement funds. BLUE SUISSE encourages Customers to closely manage outstanding open positions and to use prudent money management precautions such as, but not limited to, Stop Loss Orders.
3. Leverage Risk
Excessive leverage available with OTC margined spot Foreign Exchange, Precious Metals and CFDs can lead to quick losses. The Customer agrees that using a high degree of leverage, defined as the use of a small amount of capital to control a larger amount in an open position, can result in large losses due to a price change(s) of open positions with BLUE SUISSE.
BLUE SUISSE allows leverage on most currency pairs, which leverage shall depend on the type of client and his/her experience. Just by way of illustration, a 100:1 leverage, allows the Customer has the potential to control a $100,000 position with $1,000 in an Account. BLUE SUISSE encourages each of its Customers to use only that portion of leverage that such Customer is most comfortable with and to use money management precautions such as, but not limited to, Stop Loss Orders for the purpose of managing risk.
Furthermore, you agree that BLUE SUISSE reserves, at its sole discretion, the right to reduce or increase the amount of leverage given on any Instrument at any time and without notice.
4. OTC Liquidity Risk
OTC margined spot Foreign Exchange, Precious Metals and CFDs trading experiences periods of substantial liquidity risk. The Customer acknowledges that liquidity risk, resulting from decreased liquidity of a currency pair or CFD, is usually due to unanticipated changes in economic and/or political conditions. Each Customer also acknowledges that liquidity risk can affect the general market in that all participants experience the same lack of buyers and/or sellers.
With decreased liquidity it is customary for Customers to experience wider bid to ask spreads as the supply of available bid/ask prices, outstrips the demand. Decreases in liquidity can also result in “Fast Market” conditions where the price of a currency pair moves sharply higher or lower or in a volatile up/down pattern without trading in an ordinary step-like fashion. In some instances there may exist the possibility that a trading bid and/or ask price for a CFD or Foreign Exchange pair or Precious Metals is not available (a situation where there is no liquidity). Although there may be instances when the aggregate OTC spot Foreign Exchange or Precious Metals or CFD market enters a “Fast Market” situation or periods where liquidity is in short or no supply, it is important to note that, BLUE SUISSE’s prices, bid/ask spreads and liquidity will reflect the prevailing inter-bank market liquidity for BLUE SUISSE.
5. Margin and Liquidation Risk
BLUE SUISSE reserve the right to liquidate or procure the liquidation of Customer positions that are not adequately margined. Because of the leverage available with OTC margined spot Foreign Exchange, Precious Metals and CFDs trading and the possibility of extreme volatility, BLUE SUISSE reserves the sole unfettered and discretionary right to liquidate a Customer’s Account should the Margin not be sufficient to cover the potential risk of loss.
Required margin levels are indicated on BLUE SUISSE’s trading platforms. Should a Customer’s Account value go below the Liquidation Level, BLUE SUISSE reserves the right to automatically liquidate the customer’s Open Position. BLUE SUISSE reserves the right to change the Liquidation Level at its sole and unfettered discretion. No claim shall lie against Blue Suisse as a result of any liquidation / margin callouts.
6. Prices Risks
Prices from BLUE SUISSE are independent of prices of other institutions and businesses. The Customer acknowledges that the prices reported by BLUE SUISSE for buying and selling currency pairs can differ from the prices displayed elsewhere or from those of liquidity providers in the Interbank Market. Differences can result from, but are not limited to, changes in liquidity from Interbank liquidity providers and Counterparties.
BLUE SUISSE expects that in most cases the prices provided to its clients will be in line with the general Inter-bank Market but BLUE SUISSE does not represent, warrant or covenant, explicitly or implicitly, that this will always be the case.
7. Rollover Risks & Swap Rates Risks
Rollover rates for open positions in spot Foreign Exchange / Precious Metals are determined by BLUE SUISSE and are independent of prices found elsewhere in the Interbank Market. By signing this Agreement, each Customer acknowledges that all existing spot open positions that remain open by the end of Business Day are automatically rolled over to the next available spot settlement date at a net debit or credit to a Customer’s Account as determined by spot interest rates determined solely by BLUE SUISSE.
By way of illustration, if a Customer is long (has bought) on a currency that has a higher spot interest rate than the currency on which such Customer is short (has sold); such Customer can expect a net credit added to the Customer’s Account value at the end of day.
If a Customer is short (has sold) a currency that has a higher spot interest rate than the currency on which such Customer is long (has bought), such Customer can expect a net debit subtracted from the Customer Account Value at the end of the day. Rollover debits and credits are also influenced by the number of days that the position must be to be rolled.
Year-end and quarter-end periods can also cause unusual spikes in short-term interest rates that may cause temporary spikes in rollover debits and credits. Each Customer acknowledges that there exists a rollover risk to open positions. BLUE SUISSE will display the rollover debits or credits for the respective spot Foreign Exchange / Precious Metals on its Website or Internet Trading Platform and automatically periodically update Customer reports to reflect the cash flow. BLUE SUISSE reserves the right to change the credits or debits at its sole discretion if the original amounts are in wrong due to an error or omission.
8. Execution Risks
There is no guarantee that BLUE SUISSE will be able to execute Orders such as Stop Loss Orders, Limit Orders or OCO Orders, at the price the Customer designates. Customer acknowledges and agrees that there may be market, liquidity or other conditions that will prevent BLUE SUISSE from executing a Customer’s specific Orders such as Stop Loss Orders, Limit Orders or OCO Orders at the Customer designated price. In some cases the orders will be executed at prices that are less favourable to the price entered and desired by the Customer. The Customer acknowledges and agrees that the Customer is still responsible and liable for deals executed at levels different from their orders and that BLUE SUISSE is not liable for failure to do so.
9. Technology and Online Trading Risks
There is a technology risk inherent in trading online or via a software application and the Customer fully acknowledges and accepts that risk. BLUE SUISSE has invested resources developing, testing, configuring, and integrating the BLUE SUISSE Internet Trading Platform, and other relevant software and hardware with its software partners and other Service Providers. However, the Customer acknowledges and agrees that BLUE SUISSE does not guarantee that the Customer will be able to successfully execute, deal, monitor positions, or perform other essential trading tasks while using the public internet and technology from BLUE SUISSE or from third party vendors known or not known on which BLUE SUISSE may rely.
BLUE SUISSE cannot control, without limitation, the routing, internet connectivity, reliability of Customer or BLUE SUISSE equipment, network connections or any other technology hardware malfunction caused by BLUE SUISSE hardware, hardware and connectivity that makes up the public internet, or hardware at the Customer’s location. BLUE SUISSE does not guarantee, although reasonable efforts have been made, that the BLUE SUISSE Internet Trading Platform and associated back office and broker software interfaces or any other code or application including but not limited to the interface with BLUE SUISSE Prime Brokers, Counterparties and Service Providers, or other technology application that would come under the heading software, are free of programming bugs that can cause trading, position keeping or any other required functionality of the BLUE SUISSE Internet Trading Platform and other relevant software applications associated with BLUE SUISSE including but limited to clearing, liquidity and account software from becoming inoperable or without errors.
10. No Profit & Loss Control through BLUE SUISSE
The Customer is obliged to control his/her own account and manage the profit and losses on his/her accounts by him/herself. BLUE SUISSE will not offer any types of risk control, such as margin monitoring in real-time. This means also that if the Costumer uses third parties to manage his account (Agents), BLUE SUISSE will not be liable for those agreements which are entered into between the Costumers and third parties.
11. Negative Balance Protection
In furtherance to the ESMA`s decision (EU) 2018/796 of 22 May 2018 investment frms are requested to ensure that in the case of retail investors, maximum losses from trading CFDs, including all related costs, are limited to the total funds related to trading CFDs that are in the investor`s CFD trading account. Retail clients shall beneft from negative balance protection, whereby, in exceptional circumstances, where there is a large and sudden price change, retail investors may experience a negative account value on their trading account. In order to prevent this, Blue Suisse, shall, vis-à-vis retail clients, ensure negative balance protection, thereby ensuring that an investor`s maximum losses from trading CFDs, including all related costs, are limited to the total funds related to trading CFDs that are in the investor`s CFD trading account. In order to minimize exposure, Blue Suisse, may, at its sole and unfettered discretion, implement margin close-outs, as a result of which open positions may be closed, thereby signifcantly decreasing the probability of retail clients having a negative balance. No claim shall lie against Blue Suisse as a result of any liquidation / margin callouts.
12. Password and Online Security Risks
The Customer is obliged to keep the password strictly secret and to take the necessary measures in order to preclude their misuse by an unauthorised third party. For reasons of security, the password must not be stored by means of software and / or hardware. It has to be entered manually for using the Internet Trading Platform without exception.
Should the Customer’s password be misused for reasons solely imputable to the Customer, he / she will be liable for any damage caused to BLUE SUISSE or to him / her or any third parties in full. This shall apply as well in case BLUE SUISSE discloses the Customer`s password to a third party on the Customer`s instruction (for example in the context of an authorisation of a third person by the Customer). BLUE SUISSE reserves the right to assert own claims for damages against the Customer.
The password must not be communicated to BLUE SUISSE employees either. The Customer must not fulfil any other request for disclosure of his / her password either. In doubt, the Customer will have to change the password immediately or to block access. If the Customer is not able to change the password or block access himself / herself, he / she will have to inform BLUE SUISSE immediately which will then block the concerned access to the Internet Trading Platform.
BLUE SUISSE will immediately block access to the Internet Trading Platform if it has reasons to suspect that it is misused. It will inform the Customer accordingly. This blocking will only be lifted after consulting with BLUE SUISSE and elimination of the danger of misuse. BLUE SUISSE shall in particular have the right to assign a new password to the Customer by e-mail to his / her reference e-mail address.
BLUE SUISSE will block access on the Customer’s request as well. Such a blocking will only be lifted by BLUE SUISSE when the danger of misuse is no longer present. When lifting the blocking, BLUE SUISSE will assign a new password to the Customer by e-mail to his / her reference e-mail address. During the blocking, BLUE SUISSE will not be liable for any damage arising for the Customer from the fact that he / she cannot use the trading platform until the danger of misuse has been eliminated and / or a new password has been assigned and activated. The Customer is obliged to avert and / or minimise any damage by placing orders by telephone. Any associated additional charges shall be at the Customer’s expense.
13. Communications Risks
The Customer necessarily assumes a failure of communication risk. Although BLUE SUISSE will have qualified representatives available by telephone during business hours to accept and execute Customer Market Orders, there exists the risk that the Customer will not be able to contact or make contact with the BLUE SUISSE representative due to, but not limited to, communication malfunction, an overabundance of telephone orders, or any other malfunction or negligence.
The Customer acknowledges and agrees that Customer will hold harmless BLUE SUISSE for any loss or missed trading opportunity resulting from any communication problems the Customer may encounter.
14. Reference to Third party account managers
BLUE SUISSE does not take responsibility for third party account managers or Agents and Customer agrees to hold harmless BLUE SUISSE, its employees, agents, Introducing Brokers, officers, directors and shareholders from any losses sustained by Customer as a result of actions undertaken by such third party account manager or Agents. Should a Customer grant a third party account manager or Agent discretionary trading authority, the Customer grants such authority for the Customer’s Account at its sole and full risk.
15. Misquoting Error Risk
BLUE SUISSE reserves the right to correct any deals executed on misquoting errors. In the case when a quoting error occurs that results in a Customer deal executed at an off-market price, BLUE SUISSE reserves the sole unfettered discretionary right to make the necessary corrections and adjustments to the Customer’s Account whether it be in the favour of the Customer or not in the Customer’s favour. Any change will be reported to the Customer via an electronic method such as but not limited to e-mail.
16. Information Risks
All market information or general recommendations made by BLUE SUISSE or any representative of BLUE SUISSE are for informational purposes only. Any decision by the Customer to buy or sell Foreign Exchange, Precious Metals or enter into a CFD, or otherwise enter into any Transaction or Contract, is the sole decision by the Customer.
Market information or general recommendations made by BLUE SUISSE or a representative of BLUE SUISSE do not constitute investment advice or an offer to sell or buy any Foreign Exchange, Precious Metals or enter into a CFD, or otherwise enter into any Contract or Transaction. BLUE SUISSE and its employees are not investment or trading advisor(s) and have no fiduciary duty to the Customer and are therefore not liable for any losses on trades and for any losses incurred by the Customer as a result of information or any market information or general recommendations made by BLUE SUISSE or any representative of BLUE SUISSE.
17. Credit Risk against BLUE SUISSE
Customer is at risk if BLUE SUISSE should go out of business. There is no guarantee that BLUE SUISSE as a business will be profitable. Although clients’ accounts shall be segregated, potential creditors may enforce their claim on the accounts of Blue Suisse, including but not limited to garnishee orders, which could jeopardize the capital that the Customers have in their Accounts. Customer acknowledges that in the event of insolvency, the Customer can only look to BLUE SUISSE for performance and return of all cash, assets, collateral and Margin that the Customer may have at BLUE SUISSE.
18. Business Risks and sole decisions of BLUE SUISSE
BLUE SUISSE may decide to exit the OTC margined Foreign Exchange / Precious Metals and/or CFD business. BLUE SUISSE may in its sole discretion decide that it does not want to continue to participate as an investment services provider in OTC margined Foreign Exchange, Precious Metals and/or CFD trading. As a result, the Customer agrees and acknowledges that BLUE SUISSE may liquidate all Customer positions, and return margined funds to the Customer at the sole discretion of BLUE SUISSE, at any time and for any reason. The Customer shall not hold BLUE SUISSE liable for any loss as a result of liquidation of the Customer’s position either on an actual basis or as a result of missed profit opportunities.
19. Reporting Risks
The Customer is responsible for any reporting errors. In case of reporting and confirmation errors or omissions, and/or errors in details of Transactions or Contracts including but not limited to the price at which deals were executed, the currency pair / precious metal traded, the market direction (i.e., “buy” or “sell”) of order, the type of order and/or any errors in fees, charges or credits to the Customer’s Account, including but not limited to charges for executing a transaction, wiring funds, rolling over position, and/or sweeping foreign currency balances into the home currency, the Customer shall notify BLUE SUISSE immediately upon discovery for review. In addition, the Customer is responsible for submitting details of any errors in writing to BLUE SUISSE within seven (7) days of appearance and sending the complete details to BLUE SUISSE.
20. Telephone Orders Risks
Deals executed over the telephone have inherent risks. BLUE SUISSE will accept Market Orders for deals done over the telephone and, at BLUE SUISSE’s discretion other types of orders may be accepted. Telephone deals are considered executed when the BLUE SUISSE representative says, “done” and relays the complete deal details. Any given price by a BLUE SUISSE representative over the telephone prior to execution is deemed to be an indicative price. BLUE SUISSE reserves the right to change the indicative price given over the phone if the actual dealing price is different due to market conditions, misquote or volatility. BLUE SUISSE is not responsible for Customer telephone orders if the Customer cannot be heard or understood by the BLUE SUISSE representative due to, without limitation, accent, speech defect, faulty connection, or excessive background noise at the Customer’s location or at BLUE SUISSE. To better ensure execution, BLUE SUISSE requires that Customers communicate in English when giving orders. BLUE SUISSE cannot guarantee that telephone orders given in a foreign language will be executed.
The BLUE SUISSE representative will enter the deal into the Customer’s Account. The details and effects of the deal will be reflected in the Customer’s online reports. BLUE SUISSE does not warrant that deals done over the telephone will be done at prices that mirror the prices displayed electronically at that time over the BLUE SUISSE Internet Trading Platform.
BLUE SUISSE reserves the right to tape all telephone calls. BLUE SUISSE is not responsible or liable if the tapes of the telephone calls are erased or never recorded because of error, omission or for any other reason. BLUE SUISSE is also not liable should user name, passwords and/or Account information be obtained knowingly or unknowingly by a third party and as a result, deals done in the name of the Customer without his or her knowledge or authorisation. Customers are responsible for protecting the confidentiality of their account information.
21. Jurisdiction Risks
Transactions in other jurisdictions include an inherent risk. Transactions on markets in other jurisdictions, including markets formally linked to a domestic market, may expose you to additional risk. Such markets may be subject to regulation, which may offer different or diminished investor protection. Before you trade you should enquire about any rules relevant to your particular transactions before you trade. Your local regulatory authority will be unable to compel the enforcement of the rules of regulatory authorities or markets in other jurisdictions where your transactions have been effected.
22. Off-exchange transactions
In some jurisdictions, and only then in restricted circumstances, firms are permitted to effect off-exchange transactions and the firm with which you deal may be acting as your counterparty to the transaction. BLUE SUISSE neither offers the right to offset, nor guarantees a market in which to offset. Therefore, it may be difficult or impossible to liquidate a position, to assess its value, to determine a fair price or to assess the exposure to risk. For these reasons, these transactions may involve increased risks. Off-exchange transactions may be less regulated or subject to a separate regulatory regime. Before you undertake such transactions, you should familiarise yourself with the applicable rules and attendant risks.
23. Blue Suisse has limited liability
The Customer agrees and acknowledges that Blue Suisse’s liability is limited in terms of the Agreement and may also be limited under applicable laws.
24. Personal Taxation
The Customer acknowledges that taxes and, or costs may exist that are not imposed by or paid through BLUE SUISSE. The levels and bases of taxation are dependent on individual circumstances and subject to change and therefore it is highly recommended that you consult a professional tax adviser.
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