Terms and Conditions
1.1 AUTHORIZATION TO TRADE.
- The Customer’s application to open an account with Sway Markets Pty Ltd binds him to the Terms and Conditions of this Agreement and automatically acknowledges and accepts the Terms and Conditions listed below.
- Sway Markets Pty Ltd may maintain one or more accounts in the name of the Customer. It may also conduct transactions for the Customer’s account based on verbal, written, or electronic instructions from the Customer and its officers, partners, principals, employees, or other agents (“Representatives”).
- The Customer will bear the risk of all unauthorized instructions administered by his/her Representatives. The Customer will indemnify and hold Sway Markets Pty Ltd harmless from all claims, liabilities, losses, damages, fees, costs, and expenses relating to or arising from Sway Markets Pty Ltd’s reliance on such instructions, including any improper, unauthorized, or fraudulent instructions by the Representatives, unless Sway Markets Pty Ltd’s conduct was grossly negligent or willful.
- All transactions between Sway Markets Pty Ltd and the Customer shall be governed by the terms of this Agreement, as amended from time to time (including, without limitation, Sway Markets Pty Ltd’s Risk Disclosures and Trading Policies and Procedures).
2.1 ACCOUNT APPROVALS AND MAINTENANCE.
- Sway Markets Pty Ltd reserves the right, in its sole and absolute discretion, to reject the Customer’s application or close the Customer’s account for any reason. Customers will be required to provide additional information or documentation to Sway Markets Pty Ltd. This is done to allow Sway Markets Pty Ltd to continue servicing the Customer’s account.
- At any time, at its sole and absolute discretion, Sway Markets Pty Ltd may restrict trading, disbursements, or transfers administered by the Customer. The Agreement may be amended, changed, revised, supplemented, or modified at any time by Sway Markets Pty Ltd. The most recent version of the Agreement will be published on www.Sway Markets Pty Ltd.com. This Agreement cannot be modified by the Customer’s verbal or written statements or amendments without the prior written consent of the General Counsel of Sway Markets Pty Ltd.
- Restricted Territory: Sway Markets Pty Ltd reserves the right to restrict access to all or a portion of the Website and/or Services in the future with respect to certain jurisdictions. The Customer acknowledges and agrees that Sway Markets Pty Ltd is not liable if the country in which the Customer resides or is located becomes restricted or blocked. Restricted Territories include, but are not limited to:
Afghanistan, Botswana, Burma(Myanmar), the Democratic Republic of the Congo, Crimea, Cuba, Ethiopia, Iran, Iraq, Japan, Lebanon, Libya, Malta, North Korea, Kenya, Pakistan, the Republic of the Congo, the Russian Federation, Somalia, Sri Lanka, Sudan, Syria, Trinidad and Tobago, Tunisia, Vietnam, Yemen, and Zimbabwe.
- The Customer acknowledges and agrees that accounts are only separated in the books and records of Sway Markets Pty Ltd. The Customer also acknowledges that its funds are not FDIC-insured and are deposited with a liquidity provider chosen at the sole discretion of Sway Markets Pty Ltd.
2.2 SHARED ACCOUNT HOLDERS.
- If this account is held by more than one (1) person, all joint holders agree that they are jointly and severally liable for the obligations assumed in this Agreement.
- If this account is held in trust, joint ownership, or partnership, the undersigned agrees to indemnify, defend, and hold harmless Sway Markets Pty Ltd for any losses resulting from a breach of the undersigned’s fiduciary duty to the other holders and beneficiaries of this account. In addition, all joint owners have the authority and liability to settle, compromise, adjust, and give releases with respect to any and all claims, demands, disputes, and controversies.
- Upon the death or legal incapacity of any of the undersigned, Sway Markets Pty Ltd is authorized to take such action with regards to the property. Sway Markets Pty Ltd may terminate this agreement by providing written notice to any of the joint owners.
2.3 MARGINS AND DEPOSIT REQUIREMENTS.
- The Customer shall provide and maintain margin in such amounts and in such forms as Sway Markets Pty Ltd, in its sole discretion, may require.
- Sway Markets Pty Ltd may require the Customer to deposit additional margin via immediate wire transfer when and as required by the Company, and will immediately meet all margin calls in such mode of transmission as Sway Markets Pty Ltd shall, in its sole discretion, designate. Sway Markets Pty Ltd may, at its sole discretion, limit the amount and/or total number of open positions that the Customer may acquire or maintain at Sway Markets Pty Ltd. Sway Markets Pty Ltd reserves the right to close customer accounts whenever deemed necessary. Sway Markets Pty Ltd is not liable for any loss or damage caused, directly or indirectly, by any events, actions or omissions, including but not limited to loss or damage caused, directly or indirectly, by any delays or inaccuracies in the transmission of orders and/or information due to a breakdown in or failure of any transmission or communication facilities.
- At the sole discretion of Sway Markets Pty Ltd, the terms and/or methods for delivering, offsetting, or rolling over the Customer’s open positions may vary from customer to customer.
- The Customer acknowledges and agrees that any positions held in the Customer’s account at 5 PM EST may be rolled over to the following settlement date, and the account may be debited or credited for the interest differential for the rollover period.
2.5 SETTLEMENT DATE OFFSET INSTRUCTIONS.
- Alternatively, sufficient funds or delivery documents must be in the possession of Sway Markets Pty Ltd within the same time frame specified above.
- If neither instructions, funds nor documents are received, Sway Markets Pty Ltd may, without notice, offset the Customer’s position, roll the Customer’s positions into the next settlement time period, or make or receive delivery on behalf of the Customer under such terms and by such methods deemed reasonable by Sway Markets Pty Ltd in its sole discretion.
2.6 LIQUIDATION OF ACCOUNTS.
- death or judicial declaration of incompetency of the Customer or, in the case of a legal entity, its dissolution or liquidation;
- filing of a petition in bankruptcy, or a petition for the appointment of a receiver, or the institution of any insolvency or similar proceeding by or against the Customer;
- filing of an attachment against any of the Customer’s accounts carried by Sway Markets Pty Ltd;
- insufficient margin or determination by Sway Markets Pty Ltd;
- in At its sole discretion, Sway Markets Pty Ltd may take one or more of the following actions, or any portion thereof:
- sell or purchase any or all contracts, securities, or other property held or carried for the Customer; and
- cancel any or all outstanding orders or contracts, or other commitments made with the Customer. Any of the aforementioned actions may be taken without the demand for margin or additional margin, without prior notice of sale or purchase or other notice to Customer, the Customer’s personal or appointed representatives, heirs, executors, administrators, trustees, legatees, or assigns, and regardless of whether the ownership interest is solely or jointly held.
2.7 MANAGED ACCOUNTS.
- With respect to managed Accounts, a money manager (“Money Manager”) is a person or entity authorized to make decisions with respect to an account on behalf of the account’s beneficial owners, including a trustee, custodian, conservator, guardian, executor, administrator, or investment advisor or another person to whom the Customer has granted trading authority over an Account.
3 CUSTOMER REPRESENTATIONS
3.1 GENERAL REPRESENTATIONS AND WARRANTIES.
The Customer represents and warrants that:
- The Customer is of sound mind, legal age, and legal competence;
- The Customer (if not a natural person) is duly organized and validly existing under the applicable laws of the jurisdiction in which it was organized;
- The execution and delivery of this Agreement and all transactions contemplated hereby have been duly authorized by the Customer and will not violate any statute, rule, regulation, ordinance, charter, by-law, or pleading; and
- The Customer will pay all amounts due under The Customer agrees to promptly notify Sway Markets Pty Ltd of any changes to such information.
- Customers are prohibited from engaging in transactions for the purpose of arbitrage or exploitation of temporary inaccuracies or technical discrepancies.
3.2 DISCLOSURE OF FINANCIAL INFORMATION.
The Customer warrants that the financial information disclosed to Sway Markets Pty Ltd in the application is an accurate reflection of the Customer’s current financial condition.
- The Customer represents and warrants that Gross Income, Total Assets, and Liabilities were correctly calculated when determining the Customer’s Net Worth.
- The Customer represents and warrants that when determining the value of Total Assets, it included cash and/or cash equivalents, U.S. Government and Marketable securities, real estate owned (excluding primary residence), the cash value of life insurance, and other valuable assets.
- The Customer represents and warrants that notes payable to banks (secured and unsecured), notes payable to relatives, real estate mortgages payable (excluding primary residence), and other debts were included in determining the value of liabilities.
- The Customer represents and warrants that they have given careful consideration to the portion of their total assets that they consider to be risk capital. Additionally, the Customer is aware that risk capital is the amount of money the Customer is willing to risk. If lost, the Customer acknowledges that his or her lifestyle would not be affected in any way.
- The Customer agrees to notify Sway Markets Pty Ltd immediately if the Customer’s financial condition changes such that the Customer’s net worth and/or risk capital decreases.
- The Customer agrees to notify Sway Markets Pty Ltd immediately if the Customer’s financial condition changes such that the Customer’s net worth and/or risk capital decreases.
- The Customer authorizes Sway Markets Pty Ltd and/or any agents acting on behalf of the Company to investigate the Customer’s credit standing and, in connection therewith, to contact such banks, financial institutions, and credit agencies as Sway Markets Pty Ltd deems appropriate to verify information regarding the Customer.
- The Customer authorizes Sway Markets Pty Ltd to investigate the Customer’s current and past investment activity, as well as to contact futures commission merchants, exchanges, broker/dealers, banks, compliance data centers, and any other financial and investment institution that Sway Markets Pty Ltd deems appropriate.
- Upon reasonable request made in writing to Sway Markets Pty Ltd by the Customer, the Customer shall be permitted to review any records maintained by Sway Markets Pty Ltd pertaining to the Customer’s credit standing.
- At the sole cost and expense of the Customer, such records may also be copied.
- The Customer acknowledges that Sway Markets Pty Ltd may provide information (e.g. negative Account information of unsecured debts) regarding the Customer’s performance under this Agreement to these agencies, which may have a negative impact on the Customer’s credit score.
4 ORDER MANAGEMENT
4.1 REQUESTS FOR CANCELLATION AND MODIFICATION
- The Customer recognizes that it may be impossible to cancel or modify an order.
- The Customer acknowledges and agrees that, if an order cannot be canceled or modified, they are bound by any execution of the original order.
- In the event that Sway Markets Pty Ltd is unable to cancel or modify an order, Sway Markets Pty Ltd is in no way liable.
- The Customer acknowledges that attempts to modify, cancel, or replace an order may result in the order’s execution or the execution of duplicate orders. In addition, the Customer acknowledges that Sway Markets Pty Ltd’s systems do not prevent the execution of orders or the placement of duplicate orders, and that the Customer is responsible for all such executions.
- The Client agrees not to assume that any order has been executed or canceled until receiving confirmation from Sway Markets Pty Ltd regarding order execution. Prior to placing additional orders, the Customer is responsible for determining the status of any pending orders.
- The Customer agrees to contact Sway Markets Pty Ltd if they are unsure of the status of an order. • The Customer agrees to review their online account statement regularly to confirm the status of their orders.
4.2 DECLARATIONS AND CONFIRMATION.
- Sway Markets Pty Ltd will provide the Customer with an online login to view the Customer’s account at any time. Sway Markets Pty Ltd will not send trade confirmations through the mail.
- The Customer shall submit written objections to Sway Markets Pty Ltd at the following address: Euro House, Richmond Hill Road, Kingstown, St. Vincent and the Grenadines, P.O. Box 2897. Only written objections sent via email or delivered or mailed via registered mail will be considered received. Requesting a return receipt is required.
- Absence of objection shall be construed as acceptance of all actions taken by Sway Markets Pty Ltd or its agents prior to the Customer’s receipt of said reports.
- The lack of receipt of a trade confirmation by the Customer does not exempt the Customer from the obligation to object as outlined herein.
- The Customer shall pay all charges (including, but not limited to, mark-ups and mark-downs, statement charges, idle Account charges, order cancellation charges, account transfer charges, introducing broker and money manager fees, and other charges) arising from Sway Markets Pty Ltd’s provision of services pursuant to this Agreement. Sway Markets Pty Ltd reserves the right to modify its fees without prior notice.
- All fees shall be paid by the Customer as they are incurred, or as determined by Sway Markets Pty Ltd in its sole and absolute discretion. The Customer hereby authorizes Sway Markets Pty Ltd to debit his/her account for the amount of any such charges (s).
4.3 DEPOSITS AND WITHDRAWALS.
- Sway Markets Pty Ltd acknowledges and agrees to perform deposit/withdrawal transactions between the Customer’s Sway Markets Pty Ltd account and another account held in the Customer’s name or of which the Customer demonstrates clear ownership to Sway Markets Pty Ltd.
- Sway Markets Pty Ltd may restrict the Customer’s withdrawal options to prevent money laundering, fraud, and other illegal activities.
- Customers of Sway Markets Pty Ltd can withdraw their funds and benefits whenever necessary. To request a partial or total withdrawal from their account, the Customer must click “Withdrawal request” on the Sway Markets Pty Ltd portal.
- The Client must be aware that Sway Markets Pty Ltd requires two to five business days to process withdrawal requests. It may take up to two or three business days for corresponding withdrawals to reach your credit card or bank account.
- If the Customer has any questions, they can contact the Customer Support team at Sway Markets Pty Ltd. Only the same bank account or credit/debit card that was used to deposit funds may be used for withdrawals. This is in accordance with generally accepted AML regulations.
- Additionally, the Customer may be required to provide additional information and documentation when withdrawing funds.
4.4 Responsibilities of Sway Markets Pty Ltd.
- Sway Markets Pty Ltd shall not be liable for losses resulting from the default of any agent or other party used by Sway Markets Pty Ltd in accordance with this agreement.
4.5 RISK OF CURRENCY FLUCTUATION
- If the Customer directs Sway Markets Pty Ltd to enter into a transaction: (a) any profit or loss arising as a result of a fluctuation in the rates affecting such a transaction will be entirely for the Customer’s account and risk; (b) all initial and subsequent deposits for margin purposes shall be made in USD, or another currency which Sway Markets Pty Ltd may at its sole discretion accept, in such amounts as Sway Markets Pty Ltd may at its sole discretion
4.6 CROSS TRADE CONSENT.
- The Customer hereby acknowledges and agrees that Sway Markets Pty Ltd may act as the counterparty to the Customer for any trade entered for the undersigned’s account.
- The undersigned hereby consents to any such transaction, subject to the limitations and conditions, if any, contained in the rules and regulations of any bank, institution, exchange or board of trade upon which such buy or sell orders are executed, and subject to the limitations and conditions contained in this Agreement
5.1 GENERAL COMMUNICATIONS.
Reports, statements, notices, and any other communications shall be transmitted to the Customer electronically by posting to the Customer’s online account or via email to the email address provided in the Customer’s application or to any other email address the Customer may designate from time to time to Sway Markets Pty Ltd.
5.2 EMAIL AND ELECTRONIC COMMUNICATIONS.
- All emails sent to or from Sway Markets Pty Ltd may be monitored, reviewed, or disclosed to a third party other than the Customer or the Customer’s intended recipient. The Customer acknowledges that there may be delays in the intended recipient’s receipt of the email.
- The Customer agrees to hold harmless Sway Markets Pty Ltd and any third party for any delay in email delivery, regardless of who caused the delay. The corporate email system of Sway Markets Pty Ltd may retain email sent to and from an employee’s email address.
- The customer agrees not to transmit orders for the purchase or sale of over-the-counter products via email. In addition, the customer agrees that Sway Markets Pty Ltd is not liable for any actions taken or omissions to act as a result of any email message sent to Sway Markets Pty Ltd by the customer.
- Electronic communications with Sway Markets Pty Ltd via our website, a wireless device, or a touchtone service may be monitored, reviewed, and disclosed to a third party. These messages may be stored by Sway Markets Pty Ltd.
6 THIRD PARTIES
6.1 NO SEPARATE AGREEMENTS.
- The Customer acknowledges that no separate agreement with the Customer’s broker or any Sway Markets Pty Ltd employee or agent regarding the trading in the Customer’s account, including any agreement to guarantee profits or limit losses in the Customer’s account, is permitted. The Customer must immediately notify the Compliance Department of Sway Markets Pty Ltd in writing of any agreement of this nature.
- The Customer acknowledges that any representations made by a third party regarding the Customer’s account that differ from the statements the Customer receives from Sway Markets Pty Ltd must be brought to the attention of Sway Markets Pty Ltd’s Compliance Department in writing immediately.
- The Customer acknowledges that, unless the Customer has delegated discretion to another party by signing Sway Markets Pty Ltd’s limited power of attorney (“LPOA”), the Customer must authorize every transaction prior to its execution.
- The Customer agrees to bring any disputed transactions to the attention of the Compliance Department of Sway Markets Pty Ltd in accordance with the notice provisions of this Agreement.
- The Customer agrees to indemnify and hold harmless Sway Markets Pty Ltd from any damages or liability resulting from the Customer’s failure to notify Sway Markets Pty Ltd’s Compliance Department within one (1) business day of any of the occurrences mentioned in this agreement. All notices required by this section shall be sent to the address listed for Sway Markets Pty Ltd.
6.2 REVENUE SHARING DISCLOSURE.
- The Customer acknowledges that Sway Markets Pty Ltd may enter into revenue-sharing arrangements with or retain the services of any other third-party vendors in connection with technical support, back-office and operational support functions relating to Customer’s Accounts.
7.1 ANTI-MONEY LAUNDERING PROCEDURES.
Customer agrees and acknowledges that Sway Markets Pty Ltd may conduct the following procedures upon account opening and throughout the account’s existence:
7.2 VERIFICATION PROCESSES:
- In accordance with anti-money laundering and countering the financing of terrorism requirements, Sway Markets Pty Ltd may identify and verify any individual who registers for its services. Sway Markets Pty Ltd is required to collect information such as name and surname, date of birth, and residential address when a customer opens an account. The customer acknowledges and agrees that Sway Markets Pty Ltd reserves the right to close the account at its sole discretion if a problem is discovered during the verification checks.
- Email address verification: After completing the sign-up form, the Customer will be prompted to verify his/her email address by clicking on an activation link. In the absence of this step, account access will be denied.
- Two-factor authentication:After completing the sign-up form, the customer must enable Two-factor authentication (2FA) on his account in order to access his account. Sway Markets Pty Ltd accounts are equipped with two-factor authentication to prevent unauthorized access attempts.
- Verification of identity checks: Sway Markets Pty Ltd may use third-party providers to confirm any information the individual registers in order to complete the identity verification. Sway Markets Pty Ltd may verify the Customer’s information, requiring the Customer to provide official identification documents, proof of address, and/or additional documents that Sway Markets Pty Ltd will advise the Customer to submit when required. Corporate clients will be required to submit additional documentation, including (but not limited to) incorporation certificates and articles of association.
While the Customer has an open account with Sway Markets Pty Ltd, additional verification checks (which may include requests for additional documents or information) may be conducted at any time to satisfy routine security checks. Sway Markets Pty Ltd reserves the right to suspend the account and return any remaining balance up to the amount of the initial deposits if we are unable to verify the Customer’s registered details and if the Customer is unable or refuses to provide the requested document/s and/or information.
Sway Markets Pty Ltd may monitor account trading activity to investigate or identify possible money laundering.
7.4 SECURITY AND CONFIDENTIALITY.
- The Customer agrees and acknowledges that the Customer is the exclusive owner and solely responsible, jointly and severally if applicable, for the confidentiality and protection of the Customer’s account number(s) and password(s) that permit the Customer to place online orders and access Sway Markets Pty Ltd electronic trading systems (s).
- The Customer agrees to indemnify and hold harmless Sway Markets Pty Ltd if a third party utilizes the Customer’s confidential information and gives Sway Markets Pty Ltd instructions that are contrary to the Customer’s instructions.
- The Customer shall notify Sway Markets Pty Ltd immediately in writing or via email of any loss, theft, or unauthorized use of the Customer’s account number and/or passwords.
7.5 INTELLECTUAL PROPERTY AND CONFIDENTIALITY.
- All copyright, trademark, trade secret, and other intellectual property rights in the Sway Markets Pty Ltd Trading Platform (“Trading Platform”) shall remain at all times the sole and exclusive property of Sway Markets Pty Ltd and/or its 3rd party service providers, and customers shall have no right or interest in the Trading Platform other than the right to access and use the Trading Platform as specified in this agreement.
- The Customer acknowledges that the Trading Platform has been developed with considerable skill, time, and money, and is therefore confidential.
- The Customer will protect the confidentiality of Sway Markets Pty Ltd and/or its third-party service providers by restricting Trading Platform access to its employees and agents on a need-to-access basis.
- The Customer agrees not to publish, distribute, or otherwise make available to third parties any information derived from or related to the Trading Platform. • The Customer agrees not to copy, modify, decompile, reverse engineer, or create derivative works based on the Trading Platform or its operation.
7.6 NO ADVICE AND NO RECOMMENDATIONS.
- The Customer is aware and acknowledges that Sway Markets Pty Ltd does not and will not provide investment, legal, or tax advice or trading recommendations. Customer acknowledges that Sway Markets Pty Ltd makes no representations regarding the tax consequences or treatment of contracts.
- The Customer agrees that the Customer is a self-directed investor and that all orders placed are unsolicited and based on the Customer’s own investment decision or the investment decision of the Customer’s duly authorized representative.
- The Customer agrees that neither Sway Markets Pty Ltd nor any of its employees may be the Customer’s duly authorized representative and that the Customer will neither solicit nor rely upon Sway Markets Pty Ltd or any of its employees f or investment advice.
- The Customer understands that the Customer is solely responsible for all orders entered, including but not limited to trade qualifiers, the number of trades entered, the suitability of any trade(s), investment strategies, and risks associated with each trade, and will not hold Sway Markets Pty Ltd or any of its employees liable for those investment decisions.
- The Customer agrees to hold harmless Sway Markets Pty Ltd and its officers, directors, employees, agents, and affiliates from any liability, financial or otherwise, or expense (including attorneys’ fees and disbursements), incurred as a result of any losses or damages. As a result of any decisions, instructions, transactions, or strategies employed in the Customer’s account by the Customer or the Customer’s duly authorized representative, or as a result of any breach by the Customer of any of the covenants, representations, acknowledgments, or warranties contained herein, the Customer may incur losses.
7.7 TRADING RECOMMENDATIONS
The Customer acknowledges that:
- Any market recommendations and information communicated to the Customer by Sway Markets Pty Ltd or by any person within the company, does not constitute an offer to sell or the solicitation of an offer to buy any contract; such recommendation and information, although based on information obtained from sources believed by Sway Markets Pty Ltd to be reliable, may be based solely on a broker’s opinion and that such information may be inaccurate; and
- Any market recommendations and information communicated to the Customer
The Customer recognizes that Sway Markets Pty Ltd and/or its officers, directors, affiliates, associates, stockholders, or representatives may have a position in or intend to buy or sell securities that are the subject of market recommendations provided to the Customer. In addition, the market position of Sway Markets Pty Ltd or any such officer, director, affiliate, associate, stockholder, or representative may not be consistent with the recommendations provided by Sway Markets Pty Ltd to the Customer.
7.8 RISK Recognition.
- Customer acknowledges that investments in leveraged transactions are speculative, involve a high degree of risk, and are only suitable for those able to assume the risk of losing their margin deposit.
- Customer acknowledges that due to the low margin normally required for trading over-the-counter contracts, price fluctuations in contracts may result in the loss of the Customer’s margin deposit.
- Customer warrants that Customer is willing and able, financially and otherwise, to assume the risk of trading, and in consideration of Sway Markets Pty Ltd carrying his/her Account(s), Customer agrees not to hold Sway Markets Pty Ltd liable for losses incurred as a result of following its trading recommendations or suggestions or those of its employees, agents, or representatives.
- Customer acknowledges that profit or loss assurances are impossible in trading.
- Customer acknowledges that Customer has not received any such guarantees from Sway Markets Pty Ltd, any of its representatives, or any introducing agent or other entity with whom Customer is conducting his/her Sway Markets Pty Ltd Account, and that Customer has not entered into this agreement in consideration of or reliance on any such guarantees or similar representations.
- Customer agrees and acknowledges that all conversations between Customer and Sway Markets Pty Ltd personnel regarding Customer’s Account(s) may be electronically recorded with or without the use of an automatic tone warning device.
- Customer further agrees to the use of such recordings and transcripts thereof as evidence by either party in any dispute or proceeding involving Customer or Sway Markets Pty Ltd.
- Customer acknowledges that Sway Markets Pty Ltd destroys such recordings at regular intervals in accordance with Sway Markets Pty Ltd’s established business procedures, and Customer consents to such destruction.
7.10 USE OF MONIES.
Customer hereby grants Sway Markets Pty Ltd the right to pledge, repledge, hypothecate, invest or loan any funds, securities, currencies, and foreign currency or off-exchange transactions of Customer held by Sway Markets Pty Ltd as margin or security. Sway Markets Pty Ltd is never obligated to deliver to Customer the identical property delivered to or purchased for any Account of Customer.
7.11 TECHNOLOGY AND COMMUNICATIONS ISSUES.
- Sway Markets Pty Ltd and/or its third-party service providers provide trading technology for use by the Customer in connection with Customer’s transactions with Sway Markets Pty Ltd. This trading technology includes the Trading Platform, web applications, application program interfaces, software, software code, programs, protocols, and displays (collectively “Technology”) for trading, analyzing trades and markets, and building automated trading systems.
- Sway Markets Pty Ltd provides the Technology “as is” and without any express or implied warranties of merchantability, fitness for a particular purpose, or other warranties.
- Sway Markets Pty Ltd is not liable for the operation or performance of any automated trading system developed with Technology, or for any malfunctions of Technology, or for any delays or interruptions in the transmission of orders resulting from breakdown, excessive call volume, or failure of transmission or communication equipment on the Internet or otherwise, including, but not limited to, communications problems, computer software or hardware breakdowns, malfunctions, and telecommunications problems.
7.12 FOREIGN ACCOUNTS.
- Customers who do not reside in the United States (“Foreign Accounts”) may be required to comply with requests for special information by Sway Markets Pty Ltd as required by any governmental unit or regulatory agency. In the event of a special request for information, Sway Markets Pty Ltd or its agent shall be required to obtain the information specified by the requesting government unit or regulatory agency. In addition, if the Customer fails to respond to a special call, transactions (other than offsetting trades) may be prohibited.
- Foreign Accounts must provide a bank reference and a copy of an official form of photo identification prior to being approved for trading.
8.1 BINDING EFFECT.
- Regardless of any personnel changes at Sway Markets Pty Ltd or its successors, assigns, or affiliates, this Agreement shall be continuous and shall cover, individually and collectively, all accounts opened or reopened by the Customer with Sway Markets Pty Ltd.
- This Agreement, including all authorizations, shall benefit Sway Markets Pty Ltd and its successors and assigns, whether by merger, consolidation, or otherwise, and shall bind the Customer and/or the Customer’s estate, executor, trustees, administrators, legal representatives, successors and assigns.
- The Customer ratifies all transactions with Sway Markets Pty Ltd that occurred prior to the date of this Agreement and agrees that the terms of this Agreement shall govern the Customer’s rights and obligations with respect to those transactions.
This Agreement may be terminated at any time by the Customer and shall remain in effect until termination when the Customer has no open position(s) and no liabilities held by or owed to Sway Markets Pty Ltd upon the actual receipt by Sway Markets Pty Ltd of written notice of termination via email, or at any time whatsoever by Sway Markets Pty Ltd upon the transmission of written notice of termination to the Customer; provided, however, that such termination shall not relieve the Customer of any obligations incurred prior to termination
Sway Markets Pty Ltd shall not be deemed to have accepted this Agreement. Nor does it become a legally binding contract between the Customer and Sway Markets Pty Ltd until Sway Markets Pty Ltd verifies and approves the Customer’s information.
- The Customer agrees to indemnify and hold Sway Markets Pty Ltd, its affiliates, employees, agents, successors and assigns harmless from and against any and all liabilities, losses, damages, costs, and expenses, including attorney’s fees, incurred by Sway Markets Pty Ltd as a result of the Customer’s failure to fully and timely perform the Customer’s responsibilities hereunder or if any of the representations and warranties are not accurate.
8.5 FORCE MAJEURE.
Sway Markets Pty Ltd shall not be liable to the Customer for any claims, losses, damages, costs or expenses, including attorney’s fees, caused, directly or indirectly, by any events, actions or omissions, including, without limitation, claims, losses, damages, costs or expenses, including attorney’s fees, resulting from civil unrest, war, insurrection, international intervention, governmental action (including, without limitation, exchange controls, forfeitures, nationalizations), and natural disasters.
8.6 TERMS AND HEADINGS.
- The term “Sway Markets Pty Ltd” encompasses Sway Markets Pty Ltd as well as its affiliates, divisions, successors, and assigns. The term “Customer” refers to the party (or parties) executing the Agreement, and the term “Agreement” refers to all other agreements and authorizations executed by the Customer in connection with the maintenance of Customer’s Account with Sway Markets Pty Ltd, regardless of when executed.
8.7 GOVERNING LAW AND JURISDICTION.
This Agreement and the parties’ rights and obligations shall be governed, construed, and enforced in all respects by the laws of St. Vincent and the Grenadines, without regard to principles of conflicts of law.
8.8 Utilization of Sway Markets Pty Ltd’s Websites
- Website refers to https://swaymarkets.com/ and any other sites that Sway Markets Pty Ltd may register). The Website provides content and information to the Customer. The website’s content is provided as a courtesy, but it may be inaccurate or out-of-date.
- The Customer agrees to always rely on the Customer’s transaction confirmations and account statements as the account’s official records. This information is not associated with a particular account.
- Information consists of market data, news, research, financial analysis, commentary, and tools provided by third parties to Sway Markets Pty Ltd and provided to the Customer by Sway Markets Pty Ltd.
- The information on the website is derived from credible sources, but its accuracy cannot be guaranteed. The information provided on our websites is not tailored to the Customer, and the Customer acknowledges that the information provided to the Customer does not constitute a recommendation regarding the purchase and/or sale of any trading product.
- Sway Markets Pty Ltd may change, revise, modify, add, upgrade, remove, or discontinue any portion of its Website without notifying the Customer. The website may contain links to websites operated by third parties.
- Sway Markets Pty Ltd is not responsible for the website’s information or content.
8.9 MARKET DATA, NEWS, AND OTHER INFORMATION.
The Customer agrees that the market data, news, and other information accessible through our Website are for personal use only and that the Customer will not retransmit or republish this information in any form without the prior written consent of Sway Markets Pty Ltd.
- No provision of this Agreement may be waived or amended unless the waiver or amendment is in writing and signed by the Customer and an authorized officer of Sway Markets Pty Ltd.
- No waiver or amendment of this Agreement may be implied from any course of trading between the parties or from any failure by Sway Markets Pty Ltd or its agents to assert its rights under this Agreement on any occasion or series of occasions.
- This Agreement, any attachments thereto, and the terms and conditions contained in statements and confirmations constitute the entire agreement between the parties with respect to the subject matter of this Agreement.
- The validity of the remaining provisions and conditions shall not be affected thereby, and this Agreement shall be carried out as if such invalid or unenforceable provision or condition had never been included.
8.11 TRANSFER AND ASSIGNMENT OF ACCOUNTS.
The Client grants Sway Markets Pty Ltd permission to transfer and assign the Client’s account to a futures commission merchant or another legal entity. The Customer may not transfer or assign this Agreement without the prior written consent of Sway Markets Pty Ltd. Any purported assignment by the Customer in violation of this clause is void, null, and unenforceable.
9 RISK DISCLOSURE STATEMENT
Trading in a margined account entails a high degree of risk, including the possibility of losing the entire risk capital deposited with Sway Markets Pty Ltd by the customer. In certain instances, losses have the potential to exceed the Customer’s account balance.
In consideration of Sway Markets Pty Ltd entering into contracts with its customer(s) for this account, Sway Markets Pty Ltd requires all undersigned customers to analyze their financial objectives, financial status, investment constraints, and tax situation to determine whether trading is appropriate. In addition, we require our customers to read and acknowledge the Sway Markets Pty Ltd Risk Disclosure Statement, which outlines the risks associated with margin trading through Sway Markets Pty Ltd.
By signing this Agreement, the Customer acknowledges and accepts that:
- A) OTC Margin Trading is highly speculative and involves a high degree of risk. Customer(s) agrees that they fully understand and are willing to assume the legal, economic, and other risks associated with trading a margined account, and that they are willing and able to assume the loss of their entire Risk Capital, which is defined as funds that, if lost, would not affect their or their family’s standard of living. Consequently, they concur that margined trading is inappropriate for Retirement Funds. Customers are encouraged by Sway Markets Pty Ltd to closely monitor their open positions and to take prudent money management precautions, including but not limited to stop-loss orders.
- B) Excessive leverage offered by margined accounts can result in rapid losses. Customer(s) acknowledges that using a high degree of leverage, defined as the use of a small amount of capital to control a larger amount of an Open Position, can result in significant losses due to price changes of open contract(s) with Sway Markets Pty Ltd. Sway Markets Pty Ltd offers 100:1 or greater leverage on the majority of trading products to the majority of its clients. With 100:1 leverage, the Customer can control a $1,000,000 position with only $10,000 in their account. Sway Markets Pty Ltd encourages its customers to use only the amount of leverage that they are comfortable with and to implement money management safeguards, such as Stop-loss orders, to limit risk. Sway Markets Pty Ltd reserves the right, at its sole discretion and without prior notice, to reduce or increase the leverage on any trading product at any time.
- C) There are periods of liquidity risk in trading. Customer acknowledges that decreased liquidity typically results from unanticipated economic and/or political changes. The customer is also aware that liquidity risk can impact the market as a whole, as all market participants experience the same lack of buyers and/or sellers. Customer also understands that liquidity risk may be Sway Markets Pty Ltd-specific due to changes in liquidity available to Sway Markets Pty Ltd from a Sway Markets Pty Ltd Custodian of funds interbank liquidity providers as a result of an increased perception of market segment risk. When liquidity decreases, customers can anticipate wider bid-to-ask spreads because the supply of available bid/ask prices exceeds demand. Decreases in liquidity can also result in “Fast Market” conditions, in which the price of a trading product moves sharply up or down, or in a volatile up-and-down pattern, without trading in the usual step-by-step manner. In some instances, a trading bid and/or ask price may not be available for a trading product or products (a situation where there is no liquidity). It is important to note that prices, bid/ask spreads, and liquidity will reflect the prevailing interbank market liquidity for Sway Markets Pty Ltd, even though there may be instances when the aggregate OTC market enters a “Fast Market” or periods when liquidity is in short supply or nonexistent. Sway Markets Pty Ltd may liquidate the following Customer positions if margin requirements are not met: Due to the leverage available with OTC Margin Trading and the possibility of extreme volatility, Sway Markets Pty Ltd Custodian of funds reserves the right to liquidate the Customer’s account(s) if the Margin in the account is insufficient to cover the potential risk of loss. If the Customer’s account value falls below the free of programming bugs that could prevent trading, position keeping, or any other required functionality of the Trading Platform and other relevant software applications associated with Sway Markets Pty Ltd, including but not limited to clearing and escrow Account software, from functioning properly or without errors?
- D) There is a Communication Risk that is borne by the Customer. Although Sway Markets Pty Ltd will have qualified representatives available on the telephone during business hours to accept and execute Customer Market Orders, there is a risk that the Customer will be unable to contact or make contact with a Sway Markets Pty Ltd representative due to, but not limited to, communication failure, an excessive number of telephone orders, or any other failure or negligence. The Customer acknowledges and agrees that they will hold Sway Markets Pty Ltd harmless for any loss or missed trading opportunity resulting from communication difficulties.
- E) Sway Markets Pty Ltd is not responsible for the actions of Money Managers. If a Customer grants a Money Manager trading discretionary trading authority or control over a Customer’s Account, the Customer acknowledges that Sway Markets Pty Ltd is not liable for any actions taken by the Money Manager on the Customer’s behalf. The Customer grants Money Manager trading authority over their account at their sole and entire risk. Sway Markets Pty Ltd reserves the right to correct any executed transactions involving misquoting errors: In the event that a quoting error results in a Customer transaction being executed at an off-market price, Sway Markets Pty Ltd reserves the sole discretion to make the necessary corrections and adjustments to the Customer’s Account, whether in the Customer’s favor or not. Any modification will be communicated to the Customer verbally or via electronic means, including but not limited to email.
- F) All market recommendations provided by Sway Markets Pty Ltd or any of its representatives are for informational purposes only. Any purchase or sale decision made by the Customer is independent of the Customer. Market recommendations provided by Sway Markets Pty Ltd or a representative of Sway Markets Pty Ltd do not constitute an offer to sell or buy from Sway Markets Pty Ltd or any other source that may provide the Customer with straight-through processing prices. Sway Markets Pty Ltd and its employees are not investment advisors and owe the Customer no fiduciary duty; therefore, they are not responsible for any losses incurred by the Customer as a result of information or recommendations provided by Sway Markets Pty Ltd or a representative of Sway Markets Pty Ltd. The customer is in jeopardy if Sway Markets Pty Ltd ceases operations. There is no assurance that Sway Markets Pty Ltd will be profitable as a business.
- As a result, there is a credit risk that Sway Markets Pty Ltd may incur losses, which could put customers’ account balances at risk. The Customer acknowledges that, in the event of insolvency, the Customer can only look to Sway Markets Pty Ltd for performance and return of any Collateral and Margin held with Sway Markets Pty Ltd.
- G) Sway Markets Pty Ltd could decide to withdraw from the business. There is no assurance that Sway Markets Pty Ltd Custodian of funds will not decide to continue participating. Therefore, the Customer agrees and acknowledges that Sway Markets Pty Ltd may liquidate all Customer positions and return margined funds to the Customer at any time and for any reason, at its sole discretion. Customers of Sway Markets Pty Ltd do not hold Sway Markets Pty Ltd liable for any loss resulting from the liquidation of the customer’s position, either on an actual basis or due to missed profit opportunities.
- H) Customers are liable for any reporting inaccuracies. Any reporting and confirmation errors of omission, and/or errors in the details of transactions, including but not limited to the price contracts were executed, the product traded, the market direction (i.e. “buy” or “sell”) of order, and 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 a position, and sweeping balances into the home currency, r
- Sway Markets Pty Ltd accepts Market Orders only for telephone transactions. When the Sway Markets Pty Ltd representative says “done” and relays the complete transaction details, the trade is considered executed. Any price provided by a representative of Sway Markets Pty Ltd over the phone prior to execution is considered indicative. Sway Markets Pty Ltd reserves the right to alter the over-the-phone indicative price if the actual trading price differs due to market conditions, misquote, or volatility. Sway Markets Pty Ltd is not liable for telephone orders placed by Customers who cannot be heard or understood by Sway Markets Pty Ltd representatives due to, without limitation, an accent, speech defect, faulty connection, or excessive background noise at the Customer’s location or at Sway Markets Pty Ltd. To better ensure order fulfillment, Sway Markets Pty Ltd requires customers to place orders in English. Sway Markets Pty Ltd cannot guarantee that foreign language telephone orders will be executed. For optimal results and swift execution, the following method will be utilized:
- The Sway Markets Pty Ltd representative will initially request the following account information from the Customer:
- The Customer’s Sway Markets Pty Ltd User Name, Account Number, and/or other identifying feature. The Customer should relay the following order information only after the Sway Markets Pty Ltd representative has confirmed the Customer’s identity:
- The execution direction to Buy or Sell, the number of lots, and the desired trading product.
- The Sway Markets Pty Ltd representative will then repeat the order information for the Customer to confirm. For instance, the Sway Markets Pty Ltd Representative might say, “Buy 2 lots of EUR versus USD at the Market. Confirmed?” By selecting “Yes,” the order will be executed at the Market, and the customer will receive the details immediately after execution. The representative of Sway Markets Pty Ltd will enter the transaction into the Customer’s account. The transaction’s specifics and effects will be reflected in the Customer’s Online Reports. Sway Markets Pty Ltd does not guarantee that telephone trades will be executed at the same prices displayed electronically on the Trading Platform at the time of the trade.
- Sway Markets Pty Ltd reserves the right to impose a commission fee on telephone trades.
- If Sway Markets Pty Ltd charges a commission for telephone trades, it will be disclosed on the Sway Markets Pty Ltd website and reflected as a debit line item on your Sway Markets Pty Ltd Account Reports. All phone transactions and charges are final. Sway Markets Pty Ltd reserves the right to record all telephone conversations without the Customer’s knowledge.
- Sway Markets Pty Ltd is not responsible or liable if the telephone call tapes are deleted or never recorded due to error, omission, or any other cause. Sway Markets Pty Ltd is also not liable if a Third Party obtains the Customer’s User Name and Account Information, whether knowingly or unknowingly, resulting in unauthorized trading in the Customer’s name.
- Risks associated with trades conducted via chat communication devices For the communication and execution of certain market orders, Sway Markets Pty Ltd may use an electronic conversational application or a similar chat application. Customers should only execute trades via chat applications or the telephone if they are unable to use the Trading Platform