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DISCLAIMER
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Trading on TradePlacer involves substantial risk. There is no guarantee or warranty whatsoever that if you trade any contract you will be able to liquidate or cover your position at any price let alone the price that you want. You should only trade a contract if you are willing to accept the risk.
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TradePlacer is providing the information on this website on an "as is" basis. The information on this website is provided for information purposes only and TradePlacer cannot accept any liability or responsibility for, and no warranty or representation of any kind, whether express or implied, is given in relation to, such information.
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TradePlacer is owned and operated by Emergent Technologies Corp.
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Where links to third party websites are provided for convenience only and TradePlacer is not responsible for the contents or otherwise of any linked sites including without limitation any link in a linked website.
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THE AGREEMENT
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Users of the TradePlacer application must consent to this agreement.
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TradePlacer provides all services on an "as-is" basis. TradePlacer collects fees from its users on trade execution.
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TradePlacer may vary these Rules at its sole discretion at any time. Notification of any changes will be posted on TradePlacer website for at least one week. All changes will apply to all outstanding trades, orders and financial transactions. You agree that should you object to these Rules or any subsequent modification, or are dissatisfied with the service; your only recourse is to close your account.
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It is your responsibility to remain apprised of any changes made to these Rules by reviewing TradePlacer website on a regular basis.
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Unless explicitly stated by TradePlacer, any new services or features made available by TradePlacer to its members that enhance or are additional to the current service shall be subject to these Rules.
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All notices that TradePlacer is required to send to you regarding the service shall be made via e-mail to the e-mail address provided by you. Notices served by you on TradePlacer pursuant to these Rules shall be sent to TradePlacer at the e-mail address given on TradePlacer's website. Communications shall be deemed to have been received at the time of transmission.
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TradePlacer will use its reasonable endeavors to provide you with support via the telephone or by e-mail limited to addressing problems experienced with accessing and using the service, and uploading, downloading and viewing website pages. TradePlacer does not have a minimum response time to any particular query nor does it guarantee to provide answers for any query. Any requests for support should be directed to TradePlacer using the details provided in the "Contact Us" page of the website (or such other details as Exchange may from time to time notify you) in the first instance, but in the event that you are dissatisfied with the response you may contact our offices at the address stated on TradePlacer's website.
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This agreement comes into effect when a prospective account holder submits the required details to open an Exchange account and agrees online to be bound by the Terms and Conditions. The agreement ceases when the account is closed.
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CONDITIONS
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To open an account, you must meet the following conditions:
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You must carefully read and agree to these Terms and Conditions.
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You must be aged 18 or over.
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You must not already hold an Exchange account or have had an account that has been closed by TradePlacer.
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You are not prohibited from using the services of TradePlacer for any reason whatsoever, and your use will not cause TradePlacer to violate any law from any jurisdiction from which you use the service.
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You are solely responsible for meeting any requirements of tax authorities.
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You may lose money on TradePlacer trades.
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You agree to keep your account number and password confidential and accept that you are fully liable for all trading losses, orders and payment transactions on your account, even if you are acting on behalf of a syndicate.
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You must provide and, where appropriate, update TradePlacer with all information that it requires to meet its anti-money laundering obligations.
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All information provided by you must be a true, accurate, current and complete description of your circumstances. You are responsible for informing TradePlacer via the website of any changes to the account information provided. TradePlacer is not responsible if you incur any losses because it was unable to contact you.
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Any attempt by you to interrupt the operation of TradePlacer, disrupt the operation of TradePlacer website, to manipulate exchange prices or act in a manner that may be injurious to TradePlacer may result in the immediate closure of your account, and/or unwinding of your trades and/or being prevented from accessing all or any part of TradePlacer or the website in future.
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Exchange will handle all information provided by you on a confidential basis and in accordance with TradePlacer's Privacy Policy.
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In applying to open an account, you agree that TradePlacer:
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may conduct checks on the information that you have provided to ensure that it is correct and that you meet the conditions for becoming an account holder of TradePlacer. You authorize TradePlacer to use any means necessary to verify your registration details and check your creditworthiness.
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is held harmless against any falsehood or inaccuracy contained in the information you provide when registering as a member.
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If you suspect that someone else is using your account, you agree to immediately change your password and inform TradePlacer by e-mail.
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TradePlacer has the right to suspend or close your account at any time without giving you a reason, without further obligation or liability to you resulting from these actions.
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If your account is suspended by TradePlacer you cannot enter new orders or make deposits/withdrawals and your open orders will be cancelled. You may still login to your account and view your account details.
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You may only request to close your account by contacting TradePlacer using the details described in the "Contact Us" section of the website.
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You may only close your account when there are no open orders or positions and all payments have cleared.
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No refunds can be made for TradePlacer fees, deposit fees or withdrawal fees.
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If TradePlacer deems a transaction unfair it may, at its sole discretion, reverse that transaction.
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If TradePlacer closes your account then it may, at its sole discretion, choose to take any or all of the following actions:
a) cancel any or all of your outstanding orders and/or trade out of any open positions in your account;
b) open positions in other similar, contracts in order to hedge exposures created by your open positions;
c) offset any money in your account to cover losses made on all of your transactions, instigated either by you or TradePlacer, and any costs incurred by TradePlacer in determining and handling your breach of these Rules, including, without limitation, legal costs;
d) recover any losses resulting from the close out of positions by charging to your registered card.
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In closing your account, you recognize that TradePlacer's priority is to protect itself, the integrity of its markets and the interests of its other members. TradePlacer neither has any obligation to minimize your losses nor to consult with you over its actions.
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You are only allowed to hold money in your account to cover your likely future trading requirements. TradePlacer is not a bank and does not provide any banking facilities. If it appears to TradePlacer that the amount of money you have deposited is excessive in relation to your trading requirements then you will be required to withdraw money.
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You may deposit funds using a US Dollar check or a US Dollar banker's draft. There is no specific limit to the sum you may deposit by check or draft.
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Funds will be credited to your account once the check has cleared. Typically this will be 10 days after the check has been received.
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Depositing money by check or banker's draft drawn on a US bank is free of charge. Additional banking costs, including the handling of non-US bank checks, that may be incurred by TradePlacer in handling your check will be debited from your account.
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Checks deposits must be in the name of the TradePlacer account holder. Third party checks will not be accepted.
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For security reasons TradePlacer will only accept a request to withdraw funds made using the "Withdraw" pages to be found on the "My Account" tab on each page of the website and will process the withdrawal on receipt of all requested information and documentation.
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TradePlacer recommends that all members view available demonstrations and or read relevant FAQ's and guides prior to trading on TradePlacer.
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TradePlacer provides an order book for all listed contracts. Members may enter orders to this book or cancel orders through TradePlacer website.
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TradePlacer accepts no responsibility for any losses incurred due to a member's inability or delay in accessing or using the website. You are reminded that the Contract Rules contain additional specific regulations relating to trading on contracts, while they do not contain any information specific to Exchange or member downtime.
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Trading hours, are currently 24/7.
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Trading hours may be amended at short notice.
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Trading services may be temporarily suspended to permit scheduled system maintenance and enhancements, after all contracts have been paused.
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To trade on TradePlacer, you must first enter an order. A trade is executed when either your new order is entered and another member subsequently matches all or part of your order, or your new order immediately matches all or part of another member's open order.
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Orders are limited in quantity to the maximum order size.
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Your order will be rejected if you have insufficient "Available Funds" to cover the new initial margin requirement.
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To protect the interests of TradePlacer and its members, TradePlacer may restrict a member to entering closing orders.
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Matching occurs when a bid/offer is placed on a contract's order book at a higher/lower price than an order already on the order book.
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Where the quantity of the new order is less than the order already on the order book, the smaller quantity will match and the remaining quantity will remain on the order book. This is known as a "partial fill".
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"Closing out" occurs when you had previously bought a contract and have now sold the same contract, or you had previously sold a contract and have now bought the same contract. In such circumstances, your open position is always reduced.
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You may close out your position by trading on TradePlacer with any other User.
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DELIVERY
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Either the buyer or seller has the option to request delivery. Once requested, the other party is obligated to proceed with the delivery process.
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The seller is required to pay all shipping fees, and upload proof of shipment to the TradePlacer delivery page within 1 week of the delivery request. If a seller fails to deliver or meet a margin call, they will be assessed a charge for the market price difference plus a 5% penalty. In this event, TradePlacer reserves the right to take the same actions as described for a margin call.
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The seller is required to obtain proof of shipment and insurance is required. All shipments, must be insured for the item's full value. Failure to insure the item for its full value means assumption of liability in the event the merchandise is damaged or lost.
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In the event of a delivery dispute, TradePlacer will investigate the dispute and reserves the right to cancel the delivery or trade, request another shipment be made, or request another payment be made. If a seller fails to provide proof of shipment, it may be assumed that the shipment was never sent.
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You will not hold TradePlacer, its owners or operators responsible or liable for the outcome of delivery disputes or any dispute resolutions.
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MARGIN CALLS
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If you have insufficient funds in your account to cover the required margin, TradePlacer may make a "margin call" by e-mailing you to deposit more funds.
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If, within 2 working days of the margin call, you fail to deposit the required funds or reduce your open position to a level whereby you have sufficient margin, TradePlacer has the right to take any or all of the following actions:-
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a) immediately terminate this agreement and close your account.
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b) cancel some or all of your open orders and reduce your open positions without further notice to you.
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c) cancel any or all of your outstanding orders and/or trade out of any open positions in your account;
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d) open positions in other similar, contracts in order to hedge exposures created by your open positions;
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e) offset any money in your account to cover losses made on all of your transactions, instigated either by you or TradePlacer, and any costs incurred by TradePlacer in determining and handling your breach of these Rules, including, without limitation, legal costs;
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f) recover any losses resulting from the close out of positions by charging to your registered card.
TradePlacer does not have any obligation to trade at any particular price when it liquidates your positions, to minimize any losses you may incur as a result of TradePlacer liquidating your account or consult with you about the actions it is taking.
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All members are responsible for monitoring their accounts and ensuring that they have sufficient funds in their account. Members are strongly recommended to deposit additional funds if they are unable to monitor their account for a period of time (e.g. vacations).
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TradePlacer may choose not to make a margin call if it deems the amount to be too small. Such a decision does not affect your liability to TradePlacer.
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GENERAL LEGAL
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The failure of a party to take action in respect of any breach of these Rules shall not constitute a waiver of any other breach of the same or any other provisions of these Rules and no waiver shall be effective unless made in writing.
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If any part of this Agreement is found by a court of competent jurisdiction or other competent authority to be invalid, unlawful or unenforceable then such part shall either be interpreted in a way which can be enforced and is near to the original intent or be severed from the remainder of this Agreement, the remainder of this Agreement continuing to be valid and enforceable to the fullest extent permitted by law.
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These Rules (incorporating contract specific rules or related Exchange Announcements) constitute the entire agreement between you and TradePlacer and supersede all prior oral or written agreements, understandings, representations or arrangements (unless fraudulent) between you and TradePlacer relating to the provisions of the service under these Rules.
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These Rules and the agreement they create between you and TradePlacer is personal to you and you may not transfer or assign the agreement or any part to any third party.
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TradePlacer shall not be liable for any breach of its obligations hereunder resulting from causes beyond its reasonable control including, without limitation, fires, flood and strikes (of its own or other employees), technology, network or power supply failures.
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You agree that your calls made to TradePlacer may be recorded for member service or security purposes.
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LIMITATIONS ON TRADEPLACER'S LIABILITY
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The service is subject to availability. TradePlacer will use its reasonable endeavors to provide you with a continuous service but TradePlacer makes no warranty or representation that the service will be uninterrupted or error free, nor is any warranty given that the content contained on the website does not contain viruses or may otherwise impact your computer. You acknowledge that neither TradePlacer nor any other party has any control over the internet.
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Services are provided on an "as is" basis and TradePlacer make no warranties or representations of any kind either express or implied in relation to the service including but not limited to warranties or conditions of completeness, accuracy, timeliness, quality (satisfactory or otherwise), merchantability and fitness for a particular purpose.
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No advice or information whether oral or written obtained by you from TradePlacer or through or from the service shall create any warranty not expressly stated in these Rules.
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Save as expressly set out in these Rules, all conditions and warranties which may be implied or incorporated into these Rules by law or otherwise are hereby expressly excluded to the extent permitted by law.
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Except for death and personal injury arising from TradePlacer's negligence, TradePlacer shall not be liable for any indirect, incidental, special, punitive or consequential loss or damages arising from or in connection with these terms and conditions or the services provided by TradePlacer.
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TradePlacer's maximum aggregate liability under these Rules for any direct loss or damage that you may suffer shall be limited to the aggregate amount on deposit by you with TradePlacer for the purposes of your use of the service.
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If any exclusion, disclaimer or other provision contained in these Rules is held invalid for any reason and TradePlacer becomes liable for loss or damage that could otherwise be limited, such liability, whether in contract, negligence or otherwise, will not exceed the aggregate amount deposited by you with TradePlacer for the purposes of your use of the service.
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TradePlacer accepts no liability for any defamatory, obscene or offensive material published on the service, whether on the website, by e-mail or otherwise and you agree to fully indemnify TradePlacer for all liability, incurred through your use of TradePlacer and incurred by TradePlacer in relation to any publication by you. TradePlacer accepts no liability for the content of any other sites linked to TradePlacer's website.
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Some jurisdictions do not permit the limitation or exclusion of liability for loss or damage or the limitation or exclusion of certain implied warranties. Accordingly some of the limitations and exclusions specified in these Rules may not apply to you.
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INDEMNITY
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You agree to fully and effectively indemnify and keep indemnified at all times TradePlacer and its owners, operators, officers, directors, employees, affiliates and agents, immediately on demand against all and any liability (which liability shall include, without limitation, all losses, costs, claims, expenses, demands, actions, damages, legal and other professional fees and expenses on a full indemnity basis) which TradePlacer or any of those individuals may suffer or incur as a result of access to and/or use of the service by you, any information, data or material produced by you or any breach by you of any of the provisions of these Rules (or of any law, code or regulation relating thereto or otherwise to the service).
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INTELLECTUAL PROPERTY AND RIGHTS TO USE
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TradePlacer hereby grants to you and you hereby accept a non-exclusive and non-transferable license to use any software provided by TradePlacer for the sole purpose of enabling you to use the service. You acknowledge and agree that the title to all copyright, trademarks and all other intellectual property rights in any software or other material which you are able to use as part of the service is and shall at all times remain vested in TradePlacer or its third party licensors.
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You acknowledge that you are permitted to use any such software or materials only as expressly authorized by TradePlacer or its licensors and may not copy, reproduce, disassemble, reverse compile, adapt, transmit, distribute, sell or sub-license content or create derivative works of such software or other material without express authorization, except for your own personal, non-commercial use.
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You agree that you are not permitted to reproduce, copy, sell, resell or exploit the service (or any part thereof) and use of and access to the services for any commercial purposes. You agree that you will not create any links to the website without the prior consent of TradePlacer.
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You agree not to take any action or use any device, software or routine that imposes an unreasonable or disproportionately large load on our infrastructure or which may jeopardize or prejudice the operation, quality or integrity of the website and the service.
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