Terms and Conditions
This Client Agreement ( further be referred as “Agreement”) is entered into by and between Wohlstand markets ltd (further be referred as “Wohlstand fx”), a corporation organized under the laws of St. Vincent and the Grenadines, its successors and assigns, and the undersigned individual or individuals (further be referred as “Client”) who wants to open a Live Account (further be referred as“Account”) with Wohlstand fx. In consideration of Wohlstand fx’s agreement to carry one or more Accounts of the client and provide services in connection with the purchase and sale of over-the-counter margin-based trading contracts, The client agrees to the following terms and conditions:
1 TRADING
1.1 AUTHORIZATION TO TRADE. With reference to the terms and conditions of this Agreement and acceptance of client’s application to open an Account with Wohlstand fx, He/She hereby authorizes Wohlstand fx to maintain one or more Accounts in Clients name and engage in transactions for clients Account in accordance with oral, written or electronic instructions by the client and its officers, partners, principals, employees or other agents (further be referred as “Representatives”). The clients will bear the risk of all unauthorized instructions by its Representatives and will indemnify and hold Wohlstand fx harmless from all claims, liabilities, losses, damages, fees, costs and expenses relating to or arising from Wohlstand fx reliance on such instructions, including any improper, unauthorized or fraudulent instructions by the Representatives, except in cases of gross negligence or wilful misconduct by Wohlstand fx. Unless expressly stated otherwise in writing, all transactions entered into between Wohlstand fx and Client shall be governed by the terms of this Agreement, as amended from time to time (including, without limitation, Wohlstand fx Risk Disclosures and Trading Policies and Procedures).
2.ACCOUNTS
2.1 ACCOUNT APPROVALS AND MAINTENANCE.
Wohlstand fx has the right to reject Clients application or close Clients Account for any reason, at Wohlstand fx’s sole and absolute discretion. Wohlstand fx may require Clients to provide additional information or documentation for Wohlstand fx to continue carrying clients Account. Client acknowledges that Wohlstand fx may, at any time in its sole and absolute discretion, restrict trading, disbursements or transfers. Wohlstand fx may amend, change, revise, add or modify the Agreement at any time. The most current Agreement will be posted to
Wohlstand fx’s website https://wohlstandfx.com. The Client understands that this Agreement cannot be modified by any verbal statements or written amendments that client seeks to make to the Agreement without written acceptance from the General Counsel of Wohlstand fx. Restricted Territory: We restrict and reserve the right to restrict future access to all or some parts of the Website and/or Services in respect of certain jurisdictions. The client understand and agree that we are not liable if the country of your location or residence becomes restricted or blocked. Restricted Territories include, but are not limited to, individuals residing in: Bahamas, Botswana, Burma, Cambodia, Congo, Cuba, Democratic Republic of Congo (DPRK), Democratic Republic of Congo (Republic of Zaire), Ethiopia, Ghana, Iran, Iraq, Japan, Kenya, Lebanon, Libya, Malta, North Korea, Panama, Somalia, Sri Lanka, Sudan, Syria, Trinidad and Tobago, Tunisia, United Kingdom, Yemen, Zimbabwe. The client acknowledges and agrees that Accounts are segregated in the Wohlstand fx’s books and records only and clients funds are not insured and are deposited with a liquidity provider selected by Wohlstand fx in its sole discretion.
2.2 JOINT ACCOUNT OWNERS. If the Account is held by more than one (1) person, all the joint holders agree to be jointly and severally liable for the obligations assumed in this Agreement. If the Account is held in trust, joint ownership, or partnership, the undersigned hereby agrees to indemnify, defend and hold harmless Wohlstand fx for any losses resulting from a breach of any fiduciary duty of the undersigned to the other holders and beneficiaries of this Account. Further, any one or more of the joint owners shall have full authority for the Account and risk of the Account owners, to buy, sell, and trade in transactions of off-exchange products, to deposit with and withdraw from Wohlstand fx, currencies, securities, negotiable instruments, and other property, including withdrawals to or for the individual use or Account of the party directing the sale or of any other party, to receive and acquiesce in the correctness of notices, confirmations, requests, demands and all other forms of communications, and to settle, compromise, adjust, and give releases with respect to any and all claims, demands, disputes, and controversies. Upon death or legal incapacity of any of the undersigned, Wohlstand fx is authorized to take such action regarding the Account, as Wohlstand fx may deem advisable to protect itself against any liability, penalty or loss. The client agrees to notify Wohlstand fx immediately upon the death or legal incapacity of any joint owner. Wohlstand fx may terminate this Agreement by written notice to any one of the joint owners.
2.3 MARGINS AND DEPOSIT REQUIREMENTS. The client shall provide and maintain margin in such amounts and in such forms as Wohlstand fx, in its sole discretion, may require. The client agrees to deposit by immediate wire transfer such additional margin when and as required by Wohlstand fx and will immediately meet all Margin Calls in such mode of transmission as Wohlstand fx shall, in its sole discretion, designate. Wohlstand fx may change margin requirements at any time without prior notice. Wohlstand fx retains the right to limit the amount and/or the total number of open positions that clients may acquire or maintain at Wohlstand fx. Wohlstand fx reserves the right to close any clients positions at any time that it deems necessary. Wohlstand fx shall not be responsible for any loss or damage caused, directly or indirectly, by any events, actions or omissions including but not limited to loss or damage resulting, directly or indirectly, from 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. For example, in volatile market conditions, a margin call may be delayed resulting in the possibility of a negative usable margin; a margin call may occur even if positions are hedged, in the jurisdictions where hedging is permitted by law, due to rate volatility or daily interest charges or credits.
2.4 ROLLOVERS. Wohlstand fx may, in its sole discretion and without notice to the client, offset Clients open positions, roll over Clients open positions into the next settlement time period, or make or receive delivery on behalf of the client upon any terms and by any methods deemed reasonable by Wohlstand fx, in its sole discretion. Terms and/or methods for delivering, offsetting, or rolling over Clients open positions may differ on a client-by-client basis, at
Wohlstand fx sole discretion. Any positions held in Clients Account at 5 PM EST may be rolled over to the next settlement date and the account may be debited or credited for the interest differential for the rollover period.
2.5 SETTLEMENT DATE OFFSET INSTRUCTIONS. Offset instructions on positions open prior to settlement arriving at settlement date must be given to Wohlstand fx at least one to three business days prior to the settlement or value day. Alternatively, enough funds to take delivery or the necessary delivery documents must be in the possession of Wohlstand fx within the same period described above. If instructions, funds or documents are not received, Wohlstand fx may without notice, either offset Clients position or roll Clients positions into the next settlement time period or make or receive delivery on behalf of the client upon such terms and by such methods deemed reasonable by Wohlstand fx in its sole discretion.
2.6 LIQUIDATION OF ACCOUNTS. In the event of: Death or judicial declaration of incompetence of the client 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 client Filing of an attachment against any of the clients Accounts carried by Wohlstand fx Insufficient margin, or Wohlstand fx determination that any collateral deposited to protect one or more Accounts of the client is inadequate, regardless of current market quotations, to secure the Account Clients failure to provide Wohlstand fx any information requested pursuant to this Agreement or any other circumstances or developments that Wohlstand fx deems appropriate for its protection, and in Wohlstand fx sole discretion, it may take one or more, or any portion of, The following actions: 1.Sell any or purchase any or all contracts, securities or other property held or carried for the client and cancel any or all outstanding orders or contracts, or any other commitments made with the client. Any of the above actions may be taken without demand for margin or additional margin, without prior notice of sale or purchase or other notice to the client, Clients personal or appointed representatives, heirs, executors, administrators, trustees, legatees or assigns and regardless of whether the ownership interest shall be solely the clients or held jointly with others.
2.7 MANAGED ACCOUNTS. With regard to managed Accounts, a 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, attorney in fact, or investment advisor or other person to whom Client has granted trading authority over an Account. The client understands and agrees that
Wohlstand fx may, but is not required to, review any action or inaction by a Money Manager with respect to an Account and is not responsible for determining whether a Money Manager’s action or inaction satisfies the standard of care applicable to such Money Manager’s handling of the Account. The client further understands and agrees that Wohlstand fx is not responsible for determining the validity of a person’s or entity’s status or capacity to serve as a Money Manager. The client agrees to hold Wohlstand fx and its officers, directors, employees, agents and affiliates harmless from any liability, claim, or expense, including attorneys’ fees and disbursements, as incurred, for the actions or non-actions of Client’s Money Manager.
3. CLIENT REPRESENTATIONS
3.1 GENERAL REPRESENTATIONS AND WARRANTIES. The Client represents and warrants that: HE/SHE is of sound mind, legal age and legal competence; HE/SHE (if not a natural person) is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; Execution and delivery of this Agreement and all transactions contemplated hereunder have been duly authorized by HE/SHE and will not violate any statute, rule, regulation, ordinance, charter, by-law or policy applicable to the client Each person executing and delivering this Agreement has been duly authorized by the client to do so; No person other than the client has or will have an interest in the live account; Regardless of any subsequent determination to the contrary, The client is suitable to trade over-the-counter products; The client is not now an employee of any exchange, any corporation in which any exchange owns a majority of the capital stock, any member of any exchange and/or firm registered on any exchange, or any bank, trust, or insurance company that trades the same instruments as those offered by Wohlstand fx, and in the event that client becomes so employed, Client will promptly notify Wohlstand fx via email of such employment; The client has read and understands the Risk Disclosure Statement, Arbitration Agreement and Trading Policies contained in this Agreement; The client has conducted simulated trading using the demo trading platform for a period that has allowed the Client to develop a full understanding of the trading platform; All information provided by the client to Wohlstand fx, including information regarding Clients trading experience and investment sophistication, is true, correct and complete, and the client will notify Wohlstand fx promptly of any changes in such information. The client cannot engage in transactions for purposes of arbitrage or exploitation of temporary inaccuracies or technical discrepancies.
3.2 DISCLOSURE OF FINANCIAL INFORMATION. The client represents and warrants that the financial information disclosed to Wohlstand fx in the Application is an accurate representation of the Clients current financial condition. The client represents and warrants that in determining clients Net Worth, Gross Income, Total Assets and Liabilities were calculated. The client represents and warrants that in determining the value of Total Assets, the client 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 client represents and warrants that in determining the value of Liabilities, client included notes payable to banks (secured and unsecured), notes payable to relatives, real estate mortgages payable (excluding primary residence) and other debts. The client represents and warrants that client has very carefully considered the portion of clients Total Assets which client considers to be Risk Capital. Client recognizes that Risk Capital is the amount of money client is willing to put at risk and if lost would not, in any way, change clients lifestyle. The client agrees to immediately inform Wohlstand fx if the clients financial condition changes in such a way as to reduce clients Net Worth and/or Risk Capital.
3.3 CREDIT. Client authorizes Wohlstand fx or agents acting on behalf of Wohlstand fx to investigate clients credit standing and in connection therewith to contact such banks, financial institutions and credit agencies as Wohlstand fx shall deem appropriate to verify information regarding the client. Client further authorizes Wohlstand fx to investigate clients current and past investment activity, and in connection therewith, to contact such futures commission merchants, exchanges, broker/dealers, banks, compliance data centers , and any other financial and investment institution as Wohlstand fx shall deem appropriate. Upon reasonable request made in writing by client to Wohlstand fx, Client shall be allowed to review any records maintained by Wohlstand fx relating to clients credit standing. The Client shall also be allowed, at clients sole cost and expense, to copy such records. The client acknowledges that clients credit score may be impacted when Wohlstand fx accesses clients credit file. The client also acknowledges that Wohlstand fx may provide information (e.g. negative Account information of unsecured debts) regarding clients performance under this Agreement to these agencies.
4.ORDER MANAGEMENT
4.1 CANCELLATION AND MODIFICATION REQUESTS. The client acknowledges that it may not be possible to cancel or modify an order. The client understands and agrees that, if an order cannot be cancelled or modified, Client is bound by any execution of the original order. Wohlstand fx is not liable to the client if Wohlstand fx is unable to cancel or modify an order. The client further acknowledges that attempts to modify or cancel and replace an order can result in an over the execution of the order or the execution of duplicate orders, that Wohlstand fx‘s systems do not prevent over the execution on duplicate orders from occurring, and that client shall be responsible for all such executions. The client agrees not to assume that any order has been executed or cancelled until client has received confirmation from Wohlstand fx regarding order execution. The client is responsible for knowing the status of their pending orders before entering additional orders. The client agrees to contact Wohlstand fx in the event He/She is unclear on the status of an order. The client agrees to regularly review His/Her online Account Statement to confirm the status of their orders.
4.2 STATEMENTS AND CONFIRMATION. Reports of the confirmation of orders and statements of Accounts for clients shall be deemed correct and shall be conclusive and binding upon the client if not objected to immediately upon receipt and confirmed in writing within one (1) business day after the execution of the clients order. Wohlstand fx will provide client access to view client Account at any time with an online login via the Internet. Wohlstand fx will not provide trade confirmation via postal mail. Written objections on clients part shall be directed to Wohlstand fx located at: First floor, St.Vincent Bank building, James Street, Kingston,St.Vincent & Grenadines and shall be deemed received only if actually sent via email or delivered or mailed by registered mail, return receipt requested. Failure to object shall be deemed ratification of all actions taken by Wohlstand fx or its agents prior to Client’s receipt of said reports. The clients failure to receive a trade confirmation shall not relieve the client of the obligation to object as set out herein.
4.3 CHARGES. The client shall pay such charges (including, without limitation, mark-ups and markdowns, statement charges, idle Account charges, order cancellation charges, Account transfer charges, introducing broker and Money Manager fees, or other charges) arising out of Wohlstand fx providing services hereunder. Wohlstand fx may change its charges without notice. All such charges shall be paid by the client as they are incurred, or as Wohlstand fx in its sole and absolute discretion may determine, and The client hereby authorizes Wohlstand fx to withdraw the amount of any such charges from their Account(s).
4.4 DEPOSITS AND WITHDRAWALS. Wohlstand fx shall neither receive nor disburse clients funds in cash currency or cash equivalents. All transactions between the clients and Wohlstand fx shall be performed by wire, Automatic Clearing House (“ACH”) or other method in which the identities of both the sending and receiving parties can be verified by Wohlstand fx and which Wohlstand fx, in its sole discretion, shall be deemed appropriate. Wohlstand fx shall perform deposit/withdrawal transactions only between clients Wohlstand fx Account and another Account which is held in his/her name or of which the client clearly demonstrates ownership to Wohlstand fx. In order to prevent money laundering, fraud, and other unauthorized activity, Wohlstand fx may limit Client’s withdrawal options. Wohlstand fx clients can withdraw their funds and benefits whenever they need to. To request a partial or complete withdrawal of funds from your account, click on “Withdrawal request” in your Wohlstand fx Portal. Please consider that we take 2-5 business days to process your withdrawal request. Corresponding withdrawals will take up to 2-3 business days to reach your credit card or bank account. Feel free to contact our Client support specialist if you have any questions. According to generally acceptable AML rules and regulations, withdrawals must be performed only through the same bank account or credit/debit card that you used to deposit the funds. Furthermore, when it comes to withdrawals, Client may be required to present additional information and documents.
4.5 WOHLSTAND FX’S RESPONSIBILITIES. Wohlstand fx will not be responsible for delays in the transmission of orders due to a breakdown or failure of transmission or communication facilities, electrical power outage or for any other cause beyond Wohlstand fx’s control or anticipation. Wohlstand fx shall not be liable for losses arising from the default of any agent or any other party used by Wohlstand fx under this agreement.
4.6 CURRENCY FLUCTUATION RISK. If Client directs Wohlstand fx to enter into any transaction: Any profit or loss arising as a result of a fluctuation in the rates affecting such a transaction will be entirely for Client’s Account and risk All initial and subsequent deposits for margin purposes shall be made in USD, or another currency which Wohlstand fx may choose to accept, in such amounts as Wohlstand fx may in its sole discretion require, with subsequent deposits being in the same currency as the initial deposit; and Wohlstand fx is authorized to convert funds in Client’s Account for margin into and from such foreign currency at a rate of exchange determined by Wohlstand fx in its sole discretion based on then prevailing money market rates.
4.7 CROSS TRADE CONSENT. Client hereby acknowledges and agrees that Wohlstand fx may act as the counter party to Client 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 or 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, if any, contained in any applicable regulations of any globally recognized regulatory agency.
5 .COMMUNICATIONS
5.1 GENERAL COMMUNICATIONS. Reports, statements, notices and any other communications shall be transmitted to Client electronically by posting to Client’s online Account or via email to the email address on Client’s application, or to such other email address as Client may from time to time designate to Wohlstand fx.
5.2 EMAIL AND ELECTRONIC COMMUNICATIONS. All emails sent to and from Wohlstand fx are subject to monitoring, review or disclosure to someone other than Client or Client’s intended recipient. Client acknowledges that there may be delays in email being received by Client’s intended recipient. Client agrees to hold Wohlstand fx harmless for any delay in email delivery regardless of whether the delay was caused by Wohlstand fx or a third party. Email sent to and from a Wohlstand fx address may be retained by Wohlstand fx’s corporate email system. Client agrees not to use email to transmit orders to purchase or sell over-the-counter products and further agrees that Wohlstand fx is not liable for any actions taken or any omissions to act as a result of any email message Client sends to Wohlstand fx. Electronic communications with Wohlstand fx via our Web site, wireless device or touchtone service are also subject to monitoring, review by or disclosure to someone other than the recipient and such communications may be retained by Wohlstand fx.
6.THIRD PARTIES
6.1 NO SEPARATE AGREEMENTS. Client acknowledges that he/she has no separate agreement with Client’s broker or any Wohlstand fx employee or agent regarding the trading in Client’s Account, including any agreement to guarantee profits or limit losses in Client’s Account. Client understands that he /she is under an obligation to notify Wohlstand fx Compliance Department immediately in writing as to any agreement of this type. Further, Client understands that any representations made by anyone concerning Client’s Account that differ from any statements Client receives from Wohlstand fx must be brought to the attention of Wohlstand fx’s Compliance Department immediately in writing. Client understands that Client must authorize every transaction prior to its execution unless Client has delegated discretion to another party by signing Wohlstand fx’s limited power of attorney (“LPOA”). Any disputed transactions must be brought to the attention of Wohlstand fx’s Compliance Department pursuant to the notice requirements of this Agreement. Client agrees to indemnify and hold Wohlstand fx harmless from all damages or liability resulting from Client’s failure to notify Wohlstand fx’s Compliance Department within one working day of any of the occurrences referred to herein. All notices required under this section shall be sent to Wohlstand fx at its address.
6.2 REVENUE SHARING DISCLOSURE. Client acknowledges that Wohlstand fx may enter into revenue sharing arrangements with or retain the services any other third-party vendors in connection with technology support, back office and operational support functions relating to Client’s Accounts. Wohlstand fx reserves the right to enter into such compensation or revenue sharing arrangements any other third-party vendors based on volume traded, bid/offer pricing or other outside commission or revenue sharing models.
7.COMPLIANCE
7.1 ANTI-MONEY LAUNDERING PROCEDURES. Client agrees to and acknowledges that Wohlstand fx may conduct the following procedures at the time of the opening and throughout the existence of the Account.The AML procedures https://wohlstandfx.com/aml-policy
7.2 SECURITY AND CONFIDENTIALITY. Client agrees and acknowledges that he/she is the exclusive owner and solely responsible, jointly and severally if applicable, for the confidentiality and protection of Client’s Account number(s) and password(s) that allow Client to place online orders and access Wohlstand fx’s electronic trading systems. Client further agrees that Client will be fully responsible for all activities including brokerage transactions that arise from the use of Client’s Account number(s) and password(s). Client agrees to indemnify and hold Wohlstand fx harmless from: if any other person utilizing Client’s confidential information provides instructions to Wohlstand fx that may be contrary to Client’s instructions. Client accepts that Client is solely responsible, jointly and severally if applicable, for all live trades on the trader account/s if the accounts have been reported as lost or stolen or being used by an unauthorized person. Client will immediately notify Wohlstand fx in writing or by email of any loss, theft or unauthorized use of Client’s Account number and/or passwords. Wohlstand fx will suspend the Client’s account on positive identification of the Client, however, Wohlstand fx cannot close Client’s live trades. Wohlstand fx will ensure that the Client has access to his account/s without any unnecessary delay. The Client is requested to use the chat facility in order to expedite this identification process, and ensures that a copy of the identification document or passport is on hand in order to positively identify as the account holder.
7.3 INTELLECTUAL PROPERTY AND CONFIDENTIALITY. All copyright, trademark, trade secret and other intellectual property rights in the Wohlstand fx Trading Platform (“further be referred as Trading Platform")shall remain at all times the sole and exclusive property of Wohlstand fx and/or its 3rd party service providers and Clients shall have no right or interest in the Trading Platform except for the right to access and use the Trading Platform as specified herein. Client acknowledges that the Trading Platform is confidential and has been developed through the expenditure of substantial skill, time, effort and money. Client will protect the confidentiality of Wohlstand fx and/or its 3rd party service providers by allowing access to the Trading Platform only by its employees and agents on a need to access basis. Client will not publish, distribute, or otherwise make information available to third parties any information derived from or relating to the Trading Platform. Client will not copy, modify, decompile, reverse engineer, and make derivative works of the Trading Platform or in the way it operates.
7.4 NO ADVICE AND NO RECOMMENDATIONS. Client acknowledges that Wohlstand fx does not and will not give investment, legal or tax advice or make trading recommendations. Client acknowledges that Wohlstand fx makes no representations concerning the tax implications or treatment of contracts. Client agrees that he/she is a self-directed investor and all orders entered are unsolicited and based on his/her own investment decision or the investment decision of his/her duly authorized representative. Client agrees that neither Wohlstand fx nor any of its employees may be their duly authorized representative and that they will neither solicit nor rely upon Wohlstand fx or any of its employees for any such advice. Client understands that he/she 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 Wohlstand fx or any of its employees liable for those investment decisions. Client further understands that Wohlstand fx does not and will not review the appropriateness or suitability of any transactions implemented or investment strategies employed in their Account. Client hereby agrees to hold Wohlstand fx and its officers, directors, employees, agents and affiliates harmless from any liability, financial or otherwise, or expense (including attorneys’ fees and disbursements), as incurred, as a result of any losses or damages Client may suffer with respect to any such decisions, instructions, transactions or strategies employed in Client’s Account by Client or Client’s duly authorized representative, or as a result of any breach by Client of any of the covenants, representations, acknowledgments or warranties herein.
7.5 TRADING RECOMMENDATIONS. Client acknowledges that: Any market recommendations and information communicated to Client by Wohlstand fx 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 upon information obtained from sources believed by Wohlstand fx to be reliable, may be based solely on a broker’s opinion and that such information may be incomplete and may be unverified; and Wohlstand fx makes no representations, warranties or guarantees as to, and shall not be responsible for, the accuracy or completeness of any such information or trading recommendation furnished to Client. Client acknowledges that Wohlstand fx and/or its officers, directors, affiliates, associates, stockholders or representatives may have a position in or may intend to buy or sell, which are the subject of market recommendations furnished to Client, and that the market position of Wohlstand fx or any such officer, director, affiliate, associate, stockholder or representative may not be consistent with the recommendations furnished to Client by Wohlstand fx.
7.6 RISK ACKNOWLEDGMENT. Client acknowledges that investments in leveraged transactions are speculative, involve a high degree of risk, and are appropriate only for persons who can assume risk of loss of their margin deposit. Client understands that because of the low margin normally required in trading over-the-counter contracts, price changes in contracts may result in the loss of Client’s margin deposit. Client warrants that Client is willing and able, financially and otherwise, to assume the risk of trading, and in consideration of Wohlstand fx’s carrying his/her Account(s), Client agrees not to hold Wohlstand fx responsible for losses incurred through following its trading recommendations or suggestions or those of its employees, agents or representatives. Client recognizes that guarantees of profit or freedom from loss are impossible in trading. Client acknowledges that Client has received no such guarantees from Wohlstand fx or from any of its representatives or any introducing agent or other entity with whom Client is conducting his/her Wohlstand fx Account and has not entered into this agreement in consideration of or in reliance upon any such guarantees or similar representations.
7.7 RECORDINGS. Client agrees and acknowledges that all conversations regarding Client’s Account(s) between Client and Wohlstand fx personnel may be electronically recorded with or without the use of an automatic tone warning device. Client further agrees to the use of such recordings and transcripts thereof as evidence by either party in connection with any dispute or proceeding that may arise involving Client or Wohlstand fx. Client understands that Wohlstand fx destroys such recordings at regular intervals in accordance with Wohlstand fx’s established business procedures and Client hereby consents to such destruction.
7.8 SECURITY AGREEMENT. All monies, securities, negotiable instruments, contracts, off-exchange options and/or other property on deposit with Wohlstand fx or its affiliates, in Client’s Account, for any purpose, including safekeeping, are hereby pledged with Wohlstand fx and shall be subject to a security interest in Wohlstand fx’s favour for the discharge of all Client’s obligations to Wohlstand fx, irrespective of the number of Accounts Client has with Wohlstand fx. Client also grants Wohlstand fx the right to use the above described properties and any Account credit to offset against any of Client’s obligations to Wohlstand fx including, but not limited to, transfers for the purpose of margining, or for application to negative balance Accounts not promptly paid, as well as delivery costs and charges.
7.9 USE OF MONIES. Client hereby also grants to Wohlstand fx the right to pledge, re-pledge, hypothecate, invest or loan, either separately or with the property of other clients, to itself or to others, any funds, securities, currencies, and foreign currency or off-exchange transactions of Client held by Wohlstand fx as margin or security. Wohlstand fx shall at no time be required to deliver to Client the identical property delivered to or purchased by Wohlstand fx for any Account of Client.
7.10 TECHNOLOGY AND COMMUNICATIONS ISSUES. Wohlstand fx and/or its 3rd party service providers provide trading technology for Client’s use in connection with transactions made by Client with Wohlstand fx. Such trading technology includes, but is not limited to, the Trading Platform, web applications, application program interfaces, software, software code, programs, protocols and displays (collectively “Technology”) for trading, analyzing trades and markets, and constructing automated trading systems. Wohlstand fx provides the Technology “as is,” without any warranties of merchantability, fitness for a particular purpose, or other express or implied warranties. Wohlstand fx will not be responsible 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 transmission of orders due to 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, malfunctioning errors, any and all problems or glitches associated with computer problems or any other technical cause or causes.
7.11 FOREIGN ACCOUNTS. Foreign Accounts must copy and forward an official form of picture identification and must provide a bank reference before Client is approved for trading. This includes, but is not limited to, special calls for information. In the event of a special call for information, Wohlstand fx or its agent shall be required to obtain the information set forth by any governmental unit or regulatory agency requesting information. In addition, failure to respond to a special call may cause transactions to be prohibited (other than offsetting trades) for Client.
8.MISCELLANEOUS
8.1 BINDING EFFECT. This Agreement shall be continuous and shall cover, individually and collectively, all Accounts of Client at any time opened or reopened with Wohlstand fx irrespective of any change or changes at any time in the personnel of Wohlstand fx or its successors, assigns, or affiliates. This Agreement including all authorizations shall inure to the benefit of Wohlstand fx and its successors and assigns, whether by merger, consolidation or otherwise, and shall be binding upon Client and/or the estate, executor, trustees, administrators, legal representatives, successors and assigns of Client. Client hereby ratifies all transactions with Wohlstand fx affected prior to the date of this Agreement and agrees that the rights and obligations of Client in respect thereto shall be governed by the terms of this Agreement.
8.2 TERMINATION. This Agreement shall continue in effect until termination, and may be terminated by Client at any time when Client has no open position(s) and no liabilities held by or owed to Wohlstand fx upon the actual receipt by Wohlstand fx of written notice of termination via email, or at any time whatsoever by Wohlstand fx upon the transmittal of written notice of termination to Client; provided, that such termination shall not relieve either party of any obligations set out in this Agreement nor shall it relieve Client of any obligations arising out of prior transactions entered into in connection with this Agreement.
8.3 ACCEPTANCE. This Agreement shall not be deemed to be accepted by Wohlstand fx nor become a binding contract between Client and Wohlstand fx until Client’s information is verified and approved by Wohlstand fx.
8.4 INDEMNIFICATION. The client agrees to indemnify and hold Wohlstand fx, 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 Wohlstand fx arising out of Client’s failure to fully and timely perform Client’s responsibilities herein or should any of the representations and warranties fail to be true and correct. The client also agrees to pay promptly to Wohlstand fx all damages, costs and expenses, including attorney’s fees, incurred by Wohlstand fx in the enforcement of any of the provisions of this Agreement and any other agreements between Wohlstand fx and Client.
8.5 FORCE MAJEURE. Wohlstand fx shall not be liable to the client for any claims, losses, damages, costs or expenses, including attorneys’ fees, caused, directly or indirectly, by any events, actions or omissions, including, without limitation, claims, losses, damages, costs or expenses, including attorneys’ fees, resulting from civil unrest, war, insurrection, international intervention, governmental action (including, without limitation, exchange controls, forfeitures, nationalizations, devaluations), natural disasters, acts of God, market conditions, inability to communicate with any relevant person or any delay, disruption, failure or malfunction of any transmission or communication system or computer facility, whether belonging to Wohlstand fx, Client, any market, or any settlement or clearing system. 8.6 TERMS AND HEADINGS. The term “Wohlstand fx” shall be deemed to include Wohlstand fx, its affiliates, divisions, successors and assigns; the term “Client” shall mean the party (or parties) executing the Agreement; and the term “Agreement” shall include all other agreements and authorizations executed by Client in connection with the maintenance of Client’s Account with Wohlstand fx regardless of when executed. The paragraph headings in this Agreement are inserted for convenience of reference only and are not deemed to limit the applicability or affect the meaning of any of its provisions.
8.7 GOVERNING LAW AND JURISDICTION. This Agreement, and the rights and obligations of the parties hereto, shall be governed by, construed and enforced in all respects by the laws of the St. Vincent and the Grenadines, without regard to choice of law principles. 8.8 USE OF WOHLSTAND FX’S WEBSITES. Websites refer to Wohlstand fx’s Website ( https://wohlstandfx.com and additional Web sites that Wohlstand fx may register). The Websites provide Client with content and information. The content on the Websites is provided as a convenience but may be inaccurate or outdated. Client agrees at all times to rely upon Client’s transaction confirmations and statements as the official records of Client’s Account. Information is not related specifically to an Account. Information is financial or investment information provided by third parties to Wohlstand fx that Wohlstand fx provides to Client, which includes market data, news, research, financial analysis, commentary, or tools. The information on the Web sites is provided from sources believed to be reliable but cannot be guaranteed. The information provided on our Websites is not customized for Client and Client understands that the information provided to Client is not a recommendation to Client about the suitability of a purchase and/or sale of any trading product. Wohlstand fx may without notice to Client change, revise, modify, add, upgrade, remove or discontinue any part of Wohlstand fx’s Websites. The Websites may include hyperlinks to third-party web sites. Wohlstand fx is not responsible for the information or content provided by such third-party websites.
8.9 MARKET DATA, NEWS AND OTHER INFORMATION. Client accepts that the market data, news and other information available to Client through our Web site is for Client’s personal use and that Client will not re-transmit or republish this information in any form without the written consent of Wohlstand fx.
8.10 NO WAIVER OR AMENDMENT. No provision of this Agreement may be waived or amended unless the waiver or amendment is in writing and signed by both Client and an authorized officer of Wohlstand fx. No waiver or amendment of this Agreement may be implied from any course of trading between the parties or from any failure by Wohlstand fx or its agents to assert its rights under this Agreement on any occasion or series of occasions. No oral agreements or instructions to the contrary shall be recognized as enforceable. This instrument and the attachments hereto embody the entire agreement of the parties, superseding any and all prior written and oral agreements and there are no other terms, conditions or obligations other than those contained herein.
8.11 SEVERABILITY. This Agreement, any attachments thereto, and the terms and conditions contained in statements and confirmations contain the entire agreement between the parties with respect to the subject matter hereof. If any provision or condition of this Agreement shall be held to be invalid or unenforceable by any court, or regulatory or self-regulating agency or body, such provision shall be deemed modified, or, if necessary, rescinded in order to comply with the relevant court, or regulatory or self-regulatory agency or body.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 was not contained herein.
8.12 ACCOUNT TRANSFER AND ASSIGNMENT.Client authorizes Wohlstand fx to transfer and assign Client’s Account to a futures commission merchant or another legal entity. Client may not transfer or assign this Agreement without Wohlstand fx’s prior written consent. Any purported assignment by the Client in violation of this provision is null, void and unenforceable.
9.1 GENERAL.
Trading in margined account involves a high degree of risk including the risk of loss of the Client’s entire Risk Capital deposited with Wohlstand fx. Losses, in some cases, have the potential to extend beyond the Client’s Account Value.In consideration of Wohlstand fx agreeing to enter into contracts with its Client(s) for this Account, Wohlstand fx requires all the undersigned Client(s) to analyze their financial objectives, financial status, investment constraints and tax situation to determine whether trading is suitable. In addition, we require our Clients to carefully read and acknowledge the Wohlstand fx Risk Disclosure Statement that outlines without limitation the risks associated with trading a margined account through Wohlstand fx. By signing this Agreement the Client understands and agrees that:
1. OTC Margined Trading involves a high amount of risk and is highly speculative. Client agrees that they are in full understanding and willing to assume the legal, economic, and other risks associated with the trading a margined account, and are willing and able to assume the loss of their entire Risk Capital, defined as those funds, that if lost, would not change your lifestyle or your families lifestyle. As such, they further agree that margined trading is not suitable for Retirement Funds. Wohlstand fx encourages Clients to closely manage outstanding open positions and to use prudent money management precautions such as, but not limited to, Stop Loss Orders.
2. Excessive leverage available with Margined accounts can lead to quick losses. Client(s) agrees 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 large losses due to a price change(s) of open contract(s) with Wohlstand fx.
3. Wohlstand fx provides leverage on most trading products for most clients of 100:1 or more. With 100:1 leverage the Client has the potential to control $1,000,000 position with $10,000 in an Account. Wohlstand fx encourages its Clients to use only that portion of leverage that the Client is most comfortable with and to use money management precautions such as, but not limited to, Stop Loss Orders for the purpose of limiting risk. Wohlstand fx reserves, at its sole discretion, the right to reduce or increase the amount of leverage given on any trading product at any time and without notice.
4. Trading experience periods of liquidity risk. Client acknowledges that Liquidity Risk, resulting from decreased liquidity, is usually due to unanticipated changes in economic and/or political conditions. Client also acknowledges that Liquidity Risk can affect the general market in that all participants experience the same lack of buyers and/or sellers.
5. The Client also understands that liquidity risk can be Wohlstand fx specific due to changes in liquidity available to Wohlstand fx from a Wohlstand fx Custodian of funds interbank liquidity providers due to a perception that the risks of the market segment have increased. When liquidity decreases, Clients can expect, at the minimum, to have wider bid to ask spreads as the supply of available bid/ask prices, outstrips the demand.
6. Decreases in liquidity can also result in “Fast Market” conditions where the price of a trading product moves sharply higher or lower or in a volatile up/down pattern without trading in an ordinary step-like fashion. In some instances, there may exist the possibility that a trading bid and/or ask price for a trading product or products are not available (a situation where there is no liquidity).
7. Although there may be instances when the aggregate OTC market enters a “Fast Market” situation or periods where liquidity is in short or no supply, it is important to note that prices, bid/ask spreads and liquidity will reflect the prevailing interbank market liquidity for Wohlstand fx. Wohlstand fx can Liquidate Positions of the Client that do not have adequate margin: Because of the leverage available with OTC Margined Trading and the potential for extreme volatility, Wohlstand fx Custodian of funds reserves the sole discretionary right to liquidate Client’s Account(s) should the Margin in the Account not be sufficient to cover the potential risk of loss. Should the Client’s Account value go below the free of programming bugs that can cause trading, position keeping or any other required functionality of the Trading Platform and other relevant software applications associated with Wohlstand fx including but limited to clearing and escrow Account software, from becoming inoperable or without errors?
8. There is a Communication Risk that the Client assumes. Although Wohlstand fx will have qualified representatives available on the telephone during business hours to accept and execute Client Market Orders, there exists the risk that the Client will not be able to contact or make contact with the Wohlstand fx representative due to but not limited to, communication malfunction, an overabundance of telephone orders, or any other malfunction or negligence.
9. The Client acknowledges and agrees that they will hold harmless Wohlstand fx for any loss or missed trading opportunity resulting from any communication problems the Client may encounter.
10. Wohlstand fx does not take responsibility for Money Managers. Should a Client grant a Money Manager trading discretionary trading authority or control over a Client’s Account, the Client acknowledges that Wohlstand fx does not take any responsibility for any action done by that Third Party on the Client’s behalf.
11. The Client grants Money Manager trading authority for the Client’s Account at its sole, and full risk. Wohlstand fx reserves the right to correct any transactions executed on misquoting errors: In the case when a quoting error occurs that results in a Client transaction done at an off-market price, Wohlstand fx reserves the sole discretionary right to make the necessary corrections and adjustments to the Client’s Account whether it be in the favour of the Client or not in the Client’s favour.
12. Any change will be reported to the Client either verbally or via an electronic method such as but not limited to email.
13. All Market Recommendations made by Wohlstand fx or any representative of Wohlstand fx are for informational purposes only. Any decision by the Client to buy or sell is an independent decision by the Client. Market recommendations made by Wohlstand fx or a representative of Wohlstand fx do not constitute an offer to sell or buy from Wohlstand fx or from any other source that may provide straight-through processing prices to the Client.
14. Wohlstand fx and its employees are not investment advisor(s) and have no fiduciary duty to Client and therefore are not liable for any losses incurred by the Client as a result of information or any recommendations made by Wohlstand fx or representative of Wohlstand fx. The client is at Risk if Wohlstand fx should go out of business.
15. There is no guarantee that Wohlstand fx as a business will be profitable. Consequently, there exists a credit risk that Wohlstand fx may be subject to losses, which could, in turn, jeopardize the capital that the Clients have in their Accounts. Client acknowledges that in the event of insolvency, the Client can only look to Wohlstand fx for performance and return of all Collateral and Margin that the Client may have at Wohlstand fx.
16. Wohlstand fx may decide to exit the Business. There is no guarantee that Wohlstand fx Custodian of funds may decide that they do not want to continue to participate. As a result, the Client agrees and acknowledges that Wohlstand fx may liquidate all Client positions, and return margined funds to the Client at the sole discretion of Wohlstand fx, at any time and for any reason. Wohlstand fx Clients do not hold Wohlstand fx liable for any loss as a result of the liquidation of the Clients position either on an actual basis or as a result of missed profit opportunities.
17. Clients are responsible for any reporting errors. 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, the type of order and/or any errors in fees, charges or credits to the Client’s Account including but not limited to charges for executing a transaction, wiring funds, rolling over position, and sweeping balances into the home currency, require that the client notifies Wohlstand fx immediately upon discovery for review.
18. Risks from trades done over the telephone. Wohlstand fx will only accept Market Orders for trades done over the telephone. Telephone trades are considered executed when the Wohlstand fx representative says, “done” and relays the complete transaction details. Any given price by a Wohlstand fx representative over the telephone prior to execution is considered indicative. Wohlstand fx reserves the right to change the indicative price given over the phone if the actual trading price is different due to market conditions, misquote or volatility.
19. Wohlstand fx is not responsible for Client telephone orders if the Client cannot be heard or understood by the Wohlstand fx representative due to, without limitation, accent, speech defect, faulty connection, or excessive background noise at the Clients location or at Wohlstand fx. To better ensure execution, Wohlstand fx requires that Clients communicate in English when giving orders. Wohlstand fx cannot guarantee that telephone orders given in a foreign language will be executed. For best results and fast execution, the following procedure will be used:
20. The Client will first be asked by the Wohlstand fx representative the following Account Information:
21. The Client’s Wohlstand fx User Name, Account Number and/or other identifying feature. Only after the Wohlstand fx representative confirms the Client’s identity, the Client should relay the following order information:
22. The execution direction to Buy or Sell, the number of lots, and the desired counter.
23. The Wohlstand fx representative will then repeat the order information for the Client to confirm. For example, the Wohlstand fx Representative may say the following, “Buy 2 lots of EUR vs USD at the Market. Confirmed?” By saying, “Yes” the order will be executed at the Market and the details immediately given to the Client after execution. The Wohlstand fx representative will enter the transaction into the Client’s Account. The details and effects of the transaction will be reflected in the Client’s Online Reports. Wohlstand fx does not warrant that trades done over the telephone will be done at prices that mirror the prices displayed electronically at that time over the Trading Platform. Wohlstand fx reserves the right to charge a commission for trades done over the telephone.
24. Should Wohlstand fx charge a commission for telephone trades, it will be reported on the Wohlstand fx Website and be reflected as a line item debit in your Wohlstand fx Account Reports? All trades and charges done via the phone are final. Wohlstand fx reserves the right to tape all telephone calls without knowledge of the Client.
25. Wohlstand fx is not responsible or liable if the tapes of the telephone calls are erased or never recorded because of error, omission or any reason. Wohlstand fx is also not liable should User Name and Account information be obtained knowingly or unknowingly by a Third Party and as a result, trades done in the name of the Client without his or her knowledge or authorization.
26. Risks from trades done using chat communication devices. Wohlstand fx may utilize an electronic conversational application or other similar chat application for the communication and execution of some market orders.
27. Trades are done using chat applications or the telephone should only be done if the Client cannot execute using the Trading Platform. Although currently not planned, Wohlstand fx reserves the right to charge a commission for trades done over chat applications. Should Wohlstand fx charge a commission for chat application trades, it will be reported on the Wohlstand fx Website and be reflected as a line item debit in your Wohlstand fx Account Reports. All trades and charges done via chat applications are final.
28. Neither Wohlstand fx nor third-party chats application provider is responsible or liable if the electronic logs of the electronic conversations are erased or never recorded because of error, omission or any reason. Wohlstand fx is also not liable should User Name, Password and Account information be obtained knowingly or unknowingly by a Third Party and as a result, trades done in the name of the Client without his or her knowledge or authorization.
29. Wohlstand fx has limited liability. The Client agrees and acknowledges that Wohlstand fx shall not be liable to the Client for any claims, losses, damages, costs or expenses, including attorneys’ fees caused directly or indirectly by any events, actions or omissions, without limitation, claims, losses, damages, costs and expenses, including attorney’s fees, resulting from civil unrest, war, insurrection, international intervention, governmental action) including, without limits, exchange controls, forfeitures, devaluations and nationalizations), natural disasters, acts of God, market conditions, communication problems or any delay, disruption, failure of any transmission or communication system or computer hardware or software application whether supplied and belonging to Wohlstand fx or from a third party vendor that the Client and Wohlstand fx relies on to conduct execution and reporting services.
30. Effect of “Leverage” or “Gearing”. Margin accounts and contracts carry a high degree of risk. The amount of initial margin is small relative to the value of the contract so that transactions are “leveraged” or “geared”. A relatively small market movement may have a proportionately larger impact on the funds’ Client has deposited or will have to deposit. This may work against Client as well as for Client. Client may sustain a total loss of initial margin funds and any additional funds deposited with the firm to maintain Client’s position.
31. Risk-reducing orders or strategies. Placing contingent orders, such as “stop-loss” or “limit” orders, particularly in volatile market conditions, will not necessarily limit Client’s losses to the intended amounts, since market conditions may make it impossible to execute such orders. Strategies using combinations of positions, such as “spread” and “straddle” positions may be as risky as taking simple “long” or “short” positions.
32. Before Client begins to trade, Client should obtain a clear understanding of all charges for which Client may be liable. These charges will affect Client’s net profit (if any) or increase Client’s loss.
33. Electronic trading. Trading on an electronic trading system may differ not only from trading in an open outcry market but also from trading on other electronic trading systems. If Client undertakes transactions on an electronic trading system, Client will be exposed to risks associated with the system including any failure of hardware and software. The result of any system failure may be that Client’s order is either not executed according to Client’s instructions or not executed at all. Since Wohlstand fx does not control signal power, its reception or routing via Internet, the configuration of Client’s equipment or reliability of its connection, Wohlstand fx cannot be responsible for communication failures, distortions or delays when trading online (via the Internet). In no event shall Wohlstand fx be liable for speculative or expectancy damages for potential future lost profits.
34. Limitation of liability. Client accepts any trading system provided by Wohlstand fx “as is,” and without warranties, express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular use, purpose or application; timeliness; freedom from interruption; or any implied warranties arising from trade usage, course of trading or course of performance.
35. Under no circumstances shall Wohlstand fx be liable for any punitive, indirect, incidental, special or consequential loss or damages, including loss of business, profits or goodwill. Wohlstand fx shall not be liable to Client by reason of delays or interruptions of service or transmissions, or failures of performance of Wohlstand fx’s or its affiliate systems, regardless of cause, including, but not limited to, those caused by hardware or software malfunction; regulatory action; acts of God; war, terrorism, or our intentional acts.
36. Client recognizes that there may be delays or interruptions in the use of our system, including, for example, those caused intentionally by Wohlstand fx for purposes of servicing the system. Wohlstand fx does not guarantee that alternative trading arrangements will be available at a particular time and Wohlstand fx will not be held liable for delays in entering an order.
37. Wohlstand fx’s margin policies require that Client’s Account be properly margined at all times. Failure to meet margin requirements may result in the liquidation of any open positions with a resultant loss. Wohlstand fx reserves the right to liquidate all positions without notice if an Account falls below Client’s minimum margin requirement, in accordance with Wohlstand fx’s margin call policy.
38. Quoting errors. Should quoting errors occur, which may include, but are not limited to, a mistype of a quote by Wohlstand fx, a quote which is not representative of fair market prices, an erroneous price quote from a Wohlstand fx employee, such as but not limited to a wrong big figure quote or an erroneous quote due to failure of hardware, software or communication lines or systems and/or inaccurate external data feeds provided by third-party vendors, Wohlstand fx will not be liable for the resulting errors in Account balances.
39. The foregoing list is not meant to be exhaustive and in the event of a quoting error, Wohlstand fx reserves the right to make the necessary corrections or adjustments on the Account involved. Any dispute arising from such quoting errors will be resolved in accordance with required regulations if such regulations exist. In the event of a system error where interest is not charged or credited as scheduled, Wohlstand fx reserves the right to apply the missed interest to the Account at any time.
40. Third-Party Authority. In the event that Client grants trading authority or control over Client’s Account to a third-party trading advisor, such as a Money Manager, whether on a discretionary or non discretionary basis, Wohlstand fx shall in no way be responsible for reviewing Client’s choice of such trading advisor, or for making any recommendations with respect thereto.
41. Wohlstand fx makes no representations or warranties concerning any trading advisor; Wohlstand fx shall not be responsible for any loss to Client occasioned by the actions of the trading advisor; and Wohlstand fx does not, by implication or otherwise, endorse or approve of the operating methods of any trading advisor. If Client gives a Money Manager authority to exercise any rights over Client’s Account, Client does so at Client’s own risk. Client should regularly review the activity in Client’s Account to ensure that Client approves of the transactions placed on Client’s behalf by Client’s Money Manager.
42. Disclosure Regarding Bankruptcy Protections. The transactions Client is entering into with Wohlstand fx are not traded on an exchange. Therefore, Client’s funds may not receive the same protections as funds used to margin or guarantee exchange-traded futures and options contracts, which may receive a priority in bankruptcy.
43. Since that same priority has not been given to funds used for trading, if Wohlstand fx becomes insolvent and Client has a claim for amounts deposited or profits earned on transactions with Wohlstand fx, Client’s claim may not receive a priority. without a priority, the client is a general creditor and client’s claim will be paid, along with the claims of other general creditors, from any monies still available after priority claims are paid. Even client funds that Wohlstand fx keeps separate from its own operating funds may not be safe from the claims of other general and priority creditors.
44. Volatile Market Conditions. Trading at times of extraordinarily volatile market conditions, e.g. key news announcements may expose the Client to additional risks, including the risk that the Client may not get the price him or her requests. Wohlstand fx cannot and does not guarantee its prices in times of extraordinary market volatility.
45. Simulated Conditions. Simulated conditions may differ from real conditions. Therefore, Clients who trade on demo Accounts should not necessarily expect the same results from live trading.
46. Referring Parties. IF YOU WERE REFERRED TO Wohlstand fx BY AN INTRODUCING BROKER, REFERRING PARTY OR THIRD PARTY ADVISOR (EACH, AN “IB”), PLEASE BE ADVISED THAT Wohlstand fx AND YOUR IB ARE WHOLLY SEPARATE AND INDEPENDENT FROM ONE ANOTHER AND THERE EXISTS NO JOINT VENTURE OR PARTNERSHIP RELATIONSHIP BETWEEN THE PARTIES. Additionally, NEITHER IB NOR ANY OTHER EMPLOYEE OR AGENT OF IB IS AN AGENT OR EMPLOYEE OF Wohlstand fx.
47. Wohlstand fx does not control, and cannot endorse or vouch for the accuracy or completeness of any information or advice Client may have received or may receive in the future from Client’s IB or from any other person not employed by Wohlstand fx regarding trading or the risks involved in such trading.
48. Wohlstand fx provides risk disclosure information to all new Clients when they open Accounts. Client should read that information carefully, and should not rely on any information to the contrary from any other source.
49. Client acknowledges that no promises have been made by Wohlstand fx or any individual associated with Wohlstand fx regarding future profits or losses in Client’s Account. Client understands that trading is very risky and that many people lose money trading.
50. If an IB or any other third party provides Client with information or advice regarding trading, Wohlstand fx shall in no way be responsible for any loss to Client resulting from Client’s use of such information or advice.
51. To the extent Client has previously been led to believe or believes that utilizing any third party trading system, course, program, research or recommendations provided by IB or any other third party will result in trading profits, Client hereby acknowledges, agrees and understands that all trading, including trading done pursuant to a system, course, program, research or recommendations of IB or another third party involves a substantial risk of loss. In addition, Client hereby acknowledges, agrees and understands that the use of a trading system, course, program, research or recommendations of IB or another third party will not necessarily result in profits, or will avoid losses or limit losses.
52. Because the risk factor is high in trading, only genuine risk capital should be used. If Client does not have capital which the Client can afford to lose, Client should not trade.
53. Client understands and acknowledges that Wohlstand fx may compensate Client’s IB for introducing Client to Wohlstand fx and that such compensation may be on a per-trade basis or another basis.
54. Client understands and agrees that if Client’s Account with Wohlstand fx is introduced by an IB, that IB shall have limited access to information regarding Client’s Wohlstand fx Account, but the IB shall not have the right to enter into any trades on Client’s Wohlstand fx Account unless authorized by Client under a power of attorney between Client and IB granting such IB the right to trade on Client’s Account.
55. Client understands and acknowledges that Client may have only one IB, a party that originally referred Client to Wohlstand fx.
56. Client may terminate Client’s relationship with an IB by providing written notice to Wohlstand fx. Client understands and acknowledges that Client cannot be considered the client of any other IB. Should you have any questions regarding the risks of trading, please contact your Account representative.
Trading foreign currencies can be a challenging and a highly profitable opportunity for investors. However, before deciding to participate in the Forex market, you should carefully consider your investment goals, level of experience, and risk appetite. Most importantly, do not invest money you cannot afford to risk.
There is considerable exposure to risk you take in any foreign exchange transaction. Any transaction involving currencies involves risks including, but not limited to, the potential for change in political scenarios and/or economic conditions that may substantially affect the price or liquidity of a currency. Investments in foreign exchange speculation may also be susceptible to sharp rises and falls as there are possibilities that the relevant market values fluctuate rapidly. The leveraged nature of Forex trading instruments is as such that any market movement will have an equally proportional effect on your deposited funds. This may work against you as well. Not only may investors get back less than they invested, but in the case of higher risk strategies, investors may be bound to lose the investment entirety. It is for this reason that when speculating in such markets it is advisable to use only the capital on which you are capable of taking a risk.
WOHLSTAND MARKETS LTD does not offer its trading services to residents of certain countries/ jurisdictions such as Afghanistan, Bosnia & Herzegovina, Burundi, Eritrea, Gaza Strip, Haiti, Iran, Japan, Lao, Libya, Myanmar, North Korea, Somalia, South Sudan, Sudan, Syria, USA, Venezuela, West Bank and Yemen.
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