7.1 ANTI-MONEY LAUNDERING PROCEDURES
The CLIENT agrees and acknowledges that LIQUID BROKERS may conduct the following procedures upon account opening and throughout the account's existence:
7.2 VERIFICATION PROCESSES
7.2.1 In accordance with anti-money laundering and countering the financing of terrorism requirements, LIQUID BROKERS will identify and verify any individual who registers for its service(s). LIQUID BROKERS is required to collect information such as - but not limited to - full legal name, date of birth, and residential address when a CLIENT opens an account. The CLIENT acknowledges and agrees that LIQUID BROKERS reserves the right to close the account at its sole discretion due to verification results.
7.2.2 Email address verification:
After completing the sign-up form, the CLIENT will be prompted to verify their email address by clicking on an activation link which is sent to their email address. In the absence of this step, account access will be denied.
7.2.3 Two-factor authentication:
After completing the sign-up form, the CLIENT must enable two-factor authentication ('2FA') on their account in order to access the account. LIQUID BROKERS accounts are equipped with two-factor authentication to prevent unauthorized access attempts.
7.2.4 Verification of identity checks:
LIQUID BROKERS may use third party providers to confirm any information the individual registers in order to complete the identity verification. LIQUID BROKERS may verify the CLIENT's information, requiring the CLIENT to provide official identification documents, proof of address, and/or additional documents that LIQUID BROKERS will advise the CLIENT to submit when and as required. Corporate CLIENTs will be required to submit additional documentation, including - but not limited to - incorporation certificates and articles of association.
7.2.5 CLIENT acknowledges that LIQUID BROKERS may require additional verification checks (which may include requests for additional documents or information) at any time to satisfy routine security checks. LIQUID BROKERS reserves the right to suspend the account and return any applicable balance if we are unable to verify the CLIENT's registered details and if the CLIENT is unable and/or refuses to provide the requested documentation and/or information.
7.3 MONITORING
LIQUID BROKERS may monitor account trading activity to investigate and/or identify possible money laundering.
7.3.1 The CLIENT agrees and acknowledges that the CLIENT is the exclusive owner and solely responsible, for the confidentiality and protection of the CLIENT's account number(s) and password(s) that permit the CLIENT to place online orders and access LIQUID BROKERS electronic trading system(s).
7.3.2 The CLIENT agrees to indemnify and hold harmless LIQUID BROKERS if a third party utilizes the CLIENT's confidential information and gives LIQUID BROKERS instructions that are contrary to the CLIENT's instructions.
7.3.3 The CLIENT shall notify LIQUID BROKERS immediately in writing or via email of any loss, theft, and/or unauthorized use of the CLIENT's account number and/or passwords.
7.4 INTELLECTUAL PROPERTY AND CONFIDENTIALITY
7.4.1 All copyright, trademark, trade secret, and/or other intellectual property rights in the Liquid Brokers Trading Platform (hereinafter referred to as the 'Trading Platform') shall remain at all times the sole and exclusive property of LIQUID BROKERS and/or its third party service providers, and CLIENTs shall have no right and/or interest in the Trading Platform other than the right to access and use the Trading Platform as specified in this agreement.
7.4.2 The CLIENT acknowledges that the Trading Platform has been developed with considerable skill, time, and money, and is therefore confidential.
7.4.3 The CLIENT will protect the confidentiality of LIQUID BROKERS and/or its third-party service providers by restricting Trading Platform access to its employees and agents on a need-to-access basis.
7.4.4 The CLIENT agrees not to publish, distribute, and/or otherwise make available to third parties any information derived from or related to the Trading Platform.
7.4.5 The CLIENT agrees not to copy, modify, decompile, reverse engineer, or create derivative works based on the Trading Platform or its operation.
7.5 NO ADVICE AND NO RECOMMENDATIONS
7.5.1 The CLIENT is aware and acknowledges that LIQUID BROKERS does not and will not provide investment, legal, and/or tax advice, or trading recommendations. The CLIENT acknowledges that LIQUID BROKERS makes no representations regarding the tax consequences or treatment of contracts.
7.5.2 The CLIENT agrees that the CLIENT is a self-directed investor and that all orders placed are unsolicited and based on the CLIENT's own investment decision or the investment decision of the CLIENT's duly authorized representative if applicable.
7.5.3 The CLIENT agrees that neither LIQUID BROKERS nor any of its employees may be the CLIENT's duly authorized representative and that the CLIENT will neither solicit nor rely upon LIQUID BROKERS or any of its employees for investment advice.
7.5.4 The CLIENT understands that the CLIENT 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 LIQUID BROKERS or any of its employees liable for those investment decisions.
7.5.5 The CLIENT agrees to indemnify and hold harmless LIQUID BROKERS and its officers, directors, employees, agents, and affiliates from all and 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 CLIENT's account by the CLIENT or the CLIENT's duly authorized representative, or as a result of any breach by the CLIENT of any of the covenants, representations, acknowledgments, or warranties contained herein, the CLIENT may incur losses.
7.5.6 The CLIENT agrees and acknowledges that the availability of copy trading tools does not constitute personalized investment advice or a recommendation.
7.6 TRADING RECOMMENDATIONS
7.6.1 The CLIENT acknowledges that:
i. Any market recommendations and information communicated to the CLIENT by LIQUID BROKERS 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 LIQUID BROKERS to be reliable, may be based solely on a broker's opinion and that such information may be inaccurate; and
ii. Any market recommendations and information communicated to the CLIENT
7.6.2 The CLIENT recognizes that LIQUID BROKERS 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 CLIENT. In addition, the market position of LIQUID BROKERS or any such officer, director, affiliate, associate, stockholder, or representative may not be consistent with the recommendations provided by LIQUID BROKERS to the CLIENT.
7.7 RISK ACKNOWLEDGEMENT, INDEMNITY AND CLASS ACTION WAIVER
7.7.1 Risk Recognition
i. The CLIENT acknowledges that investments in leveraged transactions are speculative, involve a high degree of risk, and are suitable only for those able to assume the risk of losing their margin deposit.
ii. The CLIENT further acknowledges that, due to the low margin normally required for trading over-the-counter contracts, price fluctuations in such contracts may result in the loss of the CLIENT's entire margin deposit.
iii. The CLIENT warrants that they are willing and able (financially and otherwise) to assume the risk of trading and, in consideration of the Company carrying their account(s), the CLIENT agrees not to hold the Company liable for losses incurred as a result of following trading recommendations or suggestions made by the Company or any of its employees, agents, or representatives.
iv. The CLIENT acknowledges that profit and/or loss assurances are impossible in trading and confirms that they have not received any such guarantees from the Company, its representatives, introducing brokers, or any other person, and that they have not entered into this Agreement in reliance upon any such representation.
7.7.2 Acknowledgement of Risk and Suitability
i. The CLIENT acknowledges and agrees that trading CFDs and other leveraged financial instruments involves a high degree of risk and may not be suitable for all investors.
ii. The CLIENT confirms that they have independently assessed the risks involved, have read and understood all risk disclosure statements provided by the Company, and have sought independent financial or legal advice where necessary.
iii. The CLIENT accepts full responsibility for determining the suitability of these services and products in light of their investment objectives, financial circumstances, and risk tolerance.
iv. The CLIENT acknowledges that leverage may be adjusted dynamically and that such adjustments may increase the risk of margin calls, liquidation, and loss.
7.7.3 No Liability for Suitability or Disclosure Claims
To the fullest extent permitted under the applicable laws, the Company - including its affiliates, directors, officers, employees, and agents - shall not be held liable for any loss(es), damage(s), and/or claim(s) (whether direct, indirect, or consequential) arising out of or in connection with:
i. any alleged lack of suitability of CFDs or leveraged products for the CLIENT;
ii. any alleged omission, insufficiency, or misrepresentation in disclosures relating to CFDs or other financial instruments; or
iii. any trading decisions, actions, or strategies undertaken by the CLIENT.
7.7.4 Indemnity
The CLIENT agrees to indemnify and hold harmless the Company, its affiliates, and all associated persons from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable legal and professional fees) arising out of or connected with the CLIENT's use of the Company's services, breach of these Terms, or participation in trading activities.
7.7.5 Class Action
i. The CLIENT expressly agrees that any dispute, claim, and/or controversy arising out of or relating to their trading relationship with the Company shall be resolved on an individual basis.
ii. The CLIENT irrevocably waives the right to participate in, or to be represented in, any class action, collective action, or representative proceeding of any kind before any court, tribunal, or other authority in any jurisdiction.
iii. If any portion of this waiver is held to be prohibited or unenforceable, only that portion shall be severed and the remainder of this Section 7.7 shall remain in full force and effect.
7.8 RECORDINGS
7.8.1 The CLIENT agrees and acknowledges that all conversations between the CLIENT and LIQUID BROKERS personnel regarding CLIENT's Account(s) may be electronically recorded with or without the use of an automatic tone warning device.
7.8.2 The CLIENT further agrees to the use of such recordings and transcripts thereof as evidence by either party in any dispute or proceeding involving CLIENT or LIQUID BROKERS.
7.8.3 The CLIENT acknowledges that LIQUID BROKERS destroys such recordings at regular intervals in accordance with LIQUID BROKERS' established business procedures, and the CLIENT consents to such destruction.
7.9 USE OF MONIES
The CLIENT hereby grants LIQUID BROKERS the right to pledge, repledge, invest or loan any funds, securities, currencies, and foreign currency or off-exchange transactions of the CLIENT held by LIQUID BROKERS as margin or security. LIQUID BROKERS is never obligated to deliver to the CLIENT the identical property delivered to or purchased for any Account of the CLIENT.
7.10 TECHNOLOGY AND COMMUNICATIONS
7.10.1 LIQUID BROKERS and/or its third-party service providers provide trading technology for use by the CLIENT in connection with CLIENT's transactions with LIQUID BROKERS. 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.
7.10.2 LIQUID BROKERS provides the Technology 'as is' and without any express or implied warranties of merchantability, fitness for a particular purpose, or other warranties.
7.10.3 LIQUID BROKERS is not liable for the operation and/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.