Market Risk and Online Trading
Trading in or through OTCGOLD involves considerable risks and is not suitable for all investors. Client must study this Risk Disclosure and the contents of this Agreement thoroughly and carefully. Although online trading may be both convenient and efficient, it may add to trading in precious metals additional risks. And, as such, Client must be prepared to accept all risks incidental to the online trading.
Trading through an electronic trading system may experience or encounter delay or stoppage in sending or receiving any Client instruction or other data or information. System failure may even lead to transactions not being able to be executed in accordance with Client instruction or transactions being executed incorrectly. Client shall accept all risks associated with the use of electronic trading system.
Price, Order Execution and Platform Manipulation
IMPERIUM GOLD strictly prohibits any form of manipulation over the prices, execution of orders and the trading platform (hereinafter collectively referred to as “Acts of Manipulation”). IMPERIUM GOLD reserves the right to investigate and review Client or its account suspected of any Acts of Manipulation and confiscate any profits suspected of having been derived from such activity. IMPERIUM GOLD reserves the right to make all necessary corrections or adjustments to the account involved. Accounts that are suspected of any Acts of Manipulation may be subject to dealer intervention, scrutiny of orders and/or termination of Client’s account at IMPERIUM GOLD’s sole discretion. Any dispute arising from Arbitrage and/or Acts of Manipulation shall be resolved by IMPERIUM GOLD at its sole discretion. IMPERIUM GOLD may report such incidents to any competent regulatory and law enforcement agency at its sole discretion. Any action or resolution stated herein will not diminish or affect any right or remedy that IMPERIUM GOLD may have against Client and its employees.
Client must keep the password provided by IMPERIUM GOLD confidential and shall ensure that no third party may have access to its trading facilities. Client agrees to be responsible for all instructions sent to IMPERIUM GOLD by or through e-mail, the electronic trading platform, telephone conversation or in writing, provided that they are verified by Client’s password or its signature and account number and according to the judgment of IMPERIUM GOLD with apparent authority of Client, even if they were sent by a third party. IMPERIUM GOLD shall have no responsibility for further enquiry into any such apparent authority and shall not be held liable for the consequences of any action or omission of IMPERIUM GOLD in reliance upon the instructions with such apparent authority. Client shall be wholly responsible for the confidentiality, security and use of its passwords.
Price Quoting Errors
IMPERIUM GOLD shall not be held responsible for any mistake in account balances resulting from price quoting errors or execution errors. These errors may include but not limited to errors made by the dealer in price quoting; non-international market price quoting errors; or any price quoting errors (such as those due to failure of hardware, software or communication or system network or erroneous data provided by a third party and etc. ). IMPERIUM GOLD shall not be liable for any resulting error in account balances. In addition, orders must be placed with sufficient time for its execution, and for the system to calculate the required margin. Where the price specified in an order placed for its execution is too close to the market prices, this may trigger other orders (of whatever types) or a margin alert. IMPERIUM GOLD shall not be liable for the resulting margin alert, account balance and/or account position by reason of the system not having been given sufficient time to execute an order or to calculate. The above is not intended to be exhaustive and in case of a quoting or execution error, IMPERIUM GOLD reserves the right to make necessary corrections or adjustments to the account involved. IMPERIUM GOLD shall have the right and may at its sole discretion resolve all disputes arising from any quoting or execution error. Client agrees to indemnify and hold IMPERIUM GOLD harmless from all resulting losses, damages or liabilities.