Please read carefully
Purpose
The purpose of the Risk
Disclosure Statement (the “Statement”) is to provide you
(the “Client”) appropriate information and disclosure on
the nature and risks of the specific types of financial
instruments offered by MelbourneFX Ltd (hereafter the
“Company”).
You should carefully read this Statement, and before
trading in financial instruments with the Company make
sure you fully understand and are able to bear the risks
involved. It should be noted that this Statement does
not purport to disclose or discuss all of the risks and
other significant aspects of all transactions entered
into with or through the Company. We outline the general
nature of the risks of dealing in financial instruments
on a fair and non-misleading basis. Therefore, you need
to ensure that your decision is made on an informed
basis and as a minimum you should be taking into
consideration all the following disclosed below. You
should ensure that you understand the risks involved and
take into account your level of experience, and if
necessary, seek independent advice. The Client is
responsible for all the losses suffered in his account.
By registering and trading with the Company, you
acknowledge having read and fully understood the risks
involved in trading in Contracts for Difference
(“CFDs“), and that you are willing and able to bear all
such risks.
Risks Involved in Trading in CFDs
-
Trading is very speculative and risky. Trading in CFDs
is highly speculative. CFDs are subject to many
influences which may result in rapid fluctuations and
reflect unforeseen events or changes in conditions
with the inevitable consequence being market
volatility. We cannot, and do not, guarantee the
investment performance of CFDs, and past performance
is no indication or guarantee of future performance.
-
Highly Leveraged instruments. Trading in CFDs allows
you to trade the markets on a margined basis, as
opposed to paying upfront the entire contract value,
hence allowing you to get larger market exposure for
your investment. While this can work in your favor, it
can also work against you and increase your losses. We
offer various leverage levels for different asset
classes Due to their leverage, CFDs may result in the
loss of all of your invested capital. However, it
should be noted that the Company operates on a
‘negative balance protection’ basis; this means that
you cannot lose more than your initial investment.
-
Margin risk. The Client needs to make sure that he has
sufficient margin in his trading account, at all
times, in order to maintain an open position. In
addition, the Client needs to continuously monitor any
open positions in order to avoid positions being
closed due to the unavailability of funds; it should
be noted that the Company is not responsible for
notifying you for any such instances but may do so.
-
Market conditions. Financial markets may fluctuate
rapidly to reflect events that are outside the control
of the Company and/or your control; as a result,
prices will become volatile. One form of price
volatility is ‘gapping’, which occurs when there is a
sudden shift in prices from one level to another. This
can be caused, for example by unexpected economic
events or market announcements, within or outside
trading hours. Consequently, the Company may be unable
to execute your instructions at the requested price.
This may also occur when there is insufficient
underlying liquidity in the market.
-
Conflicts of Interests. The Company is the
counterparty to all transactions the Client enters
into and, as such, the Company’s interests may be in
conflict with the Client’s.
-
Prices are set by the Company. The Company determines
the prices of all instruments offered on its website.
Accordingly, the prices may be different from prices
reported or quoted elsewhere. The Company will provide
the prices to be used in trading and valuation of the
Client’s positions in accordance with its trading
policies and procedures. As such, the prices may not
directly correspond to real time market levels at any
specific point in time. CFDs must be opened and closed
with us, and you will not be able to settle a
transaction with any other entity.
-
Rights to underlying assets. Entering or holding a CFD
does NOT provide the Client with any rights in respect
of the underlying instruments or assets, including any
title or ownership right, right to receive dividends
or paid interest, etc.
-
One-click order. Once the Client places an order, it
is immediately received by the Company for execution.
The Client can not reverse or cancel such order after
making it (but can always close the transaction at the
relevant price).
-
Execution risk. A delay in execution may occur for
various reasons, such as technical issues with your
internet connection to the servers of the platform or
the trading servers. In such circumstances, the price
offered by us may change before we receive your order.
If you place an order and the price changes before the
order is received, the order will be accepted at the
new price.
-
Platform risk. There are risks in trading through the
Company’s online platform. These include but are not
limited to:§Software errors and bugs, delays in
telecommunications systems, interrupted service, data
supply errors, faults or inaccuracies and security
breaches;§Data of users of the platform may be visible
to others, institutions or brokers may be able to see
your orders and other communications relating to
trading and execution without your consent (or ours)
and that third parties (including persons on private
networks) will have the ability to attach to your
network;§ System failures: If the platform is
suspended for any reason whatsoever, you may have
difficulties in executing orders or using any other
services provided through the platform. In such cases
other communication forms may be available for such
services, but we cannot guarantee such failures shall
not occur, and shall not be liable if they do; and§ We
may limit the total volume of trades you may have
outstanding at a given time, which could prevent or
delay execution of your orders, at your risk.
-
Counterparty risk. As we are the counterparty to every
transaction, the Client will have an exposure to us in
relation to each transaction. The settlement of a
transaction will be reliant on our ability to meet our
counterparty obligations to you to settle the relevant
contract. If we default on our obligations, you may
become an unsecured creditor in an administration or
liquidation and will not have recourse to any
underlying assets in the event of our insolvency.
-
The Company is not an adviser or a fiduciary to
customer. Where the Company provides any information
regarding the financial markets and the CFDs, which
may include generic market recommendations, analyses,
reports, market update and the likes of those, whether
provided directly to the Client or to the public in
general (together, the “Market Information“), such
information does not constitute any personal
recommendation or investment advice and do not
consider any of the Client’s personal circumstances or
investment objectives, nor is it an offer to trade, or
the solicitation of an offer to trade, in any CFD.
Each decision taken by the Client to trade in CFDs
with the Company and each decision as to whether a
transaction is appropriate or proper for the Client is
an independent decision made by the Client. The
Company is not acting as an advisor or serving as a
fiduciary to the Client. The Client agrees that the
Company has no fiduciary duty to the Client and is not
responsible for any liabilities, claims, damages,
costs and expenses, including attorneys’ fees,
incurred in connection with the Client following
information provided by the Company, and the Client
should not be taking or avoiding any action based upon
any such information.
-
Market Information not guaranteed. Any Market
Information provided by the Company, is based solely
on the judgment of its personnel and should be
considered as such. The Client acknowledges that it
enters into any transactions relying on his/her own
judgment. Any Market Information provided may or may
not be consistent with the market positions or
intentions of the Company and/or its affiliates. The
Market Information is based upon information believed
to be reliable, but the Company cannot and does not
guarantee the accuracy or completeness thereof or
represent that following it will reduce or eliminate
the risk inherent in trading CFDs.
-
No guarantees of profit. There are no guarantees of
profit nor of avoiding losses when trading in CFDs.
The Client has received no such guarantees from the
Company or from any of its representatives. The Client
is aware of the risks inherent in trading CFDs and is
financially able to bear such risks and withstand any
losses incurred.
-
Costs, Swap Value and Other Considerations. Prior to
investing in CFDs the Client needs to be aware of any
costs involved, such as spread(s) and swap(s). For the
purposes of this Statement, a swap means the interest
added or deducted for holding a position open
overnight. The swap for a position held open overnight
from Wednesday to Thursday is three times that of
other days; the reason for this is that the value date
of a trade held open overnight on a Wednesday would
normally be Saturday, but since banks are closed, the
value date is Monday and the client incurs an extra 2
(two) days of interest. From Friday to Monday swap is
charged once.