ICBC (London) plc Foreign Currency Trading Service Agreement

Transcription

1 ICBC (London) plc Foreign Currency Trading Service Agreement ICBC (London) plc is a company registered in England and Wales (company number ). Registered office: 81 King William Street, London EC4N 7BG. Authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority. Our Financial Services Register Number is In this document: ICBC London, We, Us, Our means ICBC (London) plc; You, Your, customer and customers means customer(s) of ICBC (London) plc; E-banking means ICBC (London) plc s online banking service. The Foreign Currency Trading Service is a service that allows customers to convert currencies using spot transactions through the ICBC FX trading system on E-banking during the advertised trading times. Foreign Currency means any currency available for trading using The Foreign Currency Trading Service. We can supply you with the available currencies on request. 1. Risk Warning Applicability E-banking Services Account Opening and Operating Quotes, Orders and Confirmations Responsibility Communication Passwords Account Closure...5 Version 2 Page 1 of 5

2 1. Risk Warning 1.1 Using the Foreign Currency Trading Service may subject You to a variety of risks including but not limited to political risks, market volatility, telecommunication system failure, and network safety. As currency values are influenced by all kinds of political and economic issues and contingent events in the global environment, currency prices may fluctuate severely and can potentially lead to large losses. You must carefully consider whether foreign currency trading is suitable for You in light of your financial position, investment objectives and other circumstances. Foreign Currency Trading is not suitable for all investors and You should make sure You understand the risks involved, seeking independent advice if necessary. Do not invest any money that You cannot afford to lose. Exchange rates can change rapidly. To accept this agreement means that You fully understand and are willing to be responsible for the consequences or losses involved in trading Foreign Currencies. 1.2 The Foreign Currency Trading Service does not include the provision of advice and no advice will be provided. Explaining the terms of the service does not amount to advice and should not be regarded as a personal recommendation. 2. Applicability 2.1 This Agreement applies to all customers using the Foreign Currency Trading Service provided by ICBC London plc. 2.2 The Foreign Currency Trading Service is subject to Our General Terms and Conditions. Where there is a contradiction between this agreement and our General Terms and Conditions, the General Terms and Conditions will prevail. Section 6 of the General Terms and Conditions (Payments) does not apply to The Foreign Currency Trading Service. 2.3 Customers who are using The Foreign Currency Trading Service need to have full civil capacity and agree to abide by the laws and regulations of the UK and these terms and conditions. 3. E-banking Services 3.1 You may use Our E-banking services for The Foreign Currency Trading Service. 3.2 You understand that if You choose to use E-banking services to give instructions or receive any other information relating to instructions, You agree to bear the related security and technology risks unless We have failed to comply with Our obligations to provide You with a secure service. 3.3 You agree that You are the only person authorised to operate Your account through E-banking and You are responsible for keeping Your Version 2 Page 2 of 5

3 logon details confidential. You are solely responsible for all instructions sent from Your E-banking account. The Bank and its employees or agents bear no responsibility for any claims of trading loss raised by any customer over their trading activities through Our E-banking system, except where we have not complied with Our obligations. 3.4 You acknowledge that the E-banking system is Our property and You agree not to interfere with, modify, or manipulate any part of the E- banking system. You will not access any part of the E-banking system that You are not authorised to access. If You become aware of any person committing any act described in this clause, You agree to inform Us immediately. 4. Account Opening and Operating 4.1 To use The Foreign Currency Trading Service You must first open a multi-currency flexible account. This account serves as a basic settlement account under which all different currency accounts can be opened. Once the specified currency accounts are opened, You can start to trade. 4.2 Different interest rates apply to different currency accounts. The interest rate details are available on E-banking and in Our branches. 4.3 You can trade Foreign Currencies through Our E-banking service. If you wish to use E-banking then you must first apply for the E-banking service over the counter of one of Our branches. 4.4 If You have opened The Foreign Currency Trading Service through the E-banking system then You are entitled to a 14 day cooling off period. Ask Us for more details. 4.5 You understand and agree that in order to protect the interests of both parties, We may use electronic monitoring devices and record communications with customers. 4.6 If We do not accept an order for a transaction for the reasons specified in these terms and conditions (for example if We are required by law) We will endeavour to notify You as soon as possible. 4.7 As this is an account trading service, other than for USD, GBP and EUR, We do not provide a currency encashment service, this means You cannot deposit or withdraw cash except in these currencies. Cheque books are also not available. We may be able to provide You with electronic payment services. 5. Quotes, Orders and Confirmations 5.1 You agree that We will, on Your instructions, purchase and sell Foreign Currencies from Your accounts with Us. Unless otherwise agreed by Us, orders for execution of transactions between You and Us are to be given to Us from our E-banking system. Version 2 Page 3 of 5

4 5.2 If Your Account is a Joint Account, We may act on the instructions of any one Account Holder to trade on the Account. 5.3 Quotes for the purchase or sale of Foreign Currencies provided by Us will be updated in real time according to international market prices. Transactions are carried out in real-time. The final price of trades will be recorded in the E-banking system. You can check the final trade details online. 5.4 You must keep sufficient funds in Your accounts in order to enable Us to execute your Foreign Currency trade instructions. Orders given by You will not be accepted if there are not sufficient funds or in Your accounts. 5.5 You can trade by using E-banking. Trading requests need to be submitted within the advertised business hours. 5.6 In the case of public holidays that cause Us to stop providing quotes or trading services, We will inform You in advance via Our branches and website ( 5.7 Trade instructions received outside Our online trading hours will not be accepted. 5.8 After execution of Your trading instructions, We will give You written confirmation. The transaction will be final and binding. 5.9 Clearing of the transaction will be completed immediately after the execution of the transaction. Confirmation of the trade will be provided on the screen. 6. Responsibility 6.1 You should familiarise yourself with the operation of Our electronic trading system. Any losses or other consequences caused by Your own operational errors are borne by You. 6.2 We do not assume any financial or legal responsibility due to events leading to delayed transactions or other trading problems that are outside of Our control. 6.3 If there are operational errors caused by events outside of our control, We may cancel the transaction or replace the previous order with a new one based on the details agreed between You and Us. 6.4 In the event of suspected fraudulent or illegal trading, or if We are required to by law, We may cancel the transaction and take measures to prevent such transactions occurring again. Version 2 Page 4 of 5

5 7. Communication 7.1 You may communicate with Us in English. All ICBC London plc standard documents will be available in English. If a document is translated into another language this will be for information purposes only and the English version will prevail. 7.2 We may communicate with each other by instructions given over E- banking, , post, telephone and in person at one of our branches. 7.3 We will provide You with statements of Your trading activity in Your periodic account statements by post. You can also check the recent activity by using E-banking. 8. Passwords 8.1 If You lose or forget Your password for the E-banking system or You find or suspect that Your account details are leaked or lost, You shall promptly report the matter to Us. Any loss or consequences occurred before You report such matters to Us, will be at Your own risk. 8.2 Wherever a password or signature is required from You and that password or signature matches those held in our records we will treat that transaction as authorised by You. 9. Account Closure 9.1 You may close any currency account at any time by submitting an application to Us over the counter at one of Our branches. 9.2 If You have opened The Foreign Currency Trading Service through the E-banking system then You are entitled to a 14 day cooling off period. Ask Us for more details. Version 2 Page 5 of 5