日期：2018-01-12 / 人气： / 来源：http://www.rzfanyi.com/ 作者：译声翻译公司
14.4 OUR RIGHTS TO CLOSE OR VOID 我们关闭或宣布无效的权利
Without limiting our right to take action under Clauses 14.2 and 14.3, we may also close or void individual open positions and/or cancel any order where: we are in dispute with you in respect of an open position. In this case we can close all or part of the open position in order to minimise the
amount in dispute; and/or there is a material breach of the agreement in relation to the open position.
只要不限制我们根据第 14.2 和 14.3 条采取措施的权利，我们还可以关闭或宣布个别敞口
头寸无效和 / 或取消任何指令，只要我们之间就敞口头寸发生争议。在此情况下，我们可
以关闭所有或部分敞口头寸，从而最大程度地缩小争议金额;和 / 或出现与敞口头寸相关
14.5 OUR RIGHTS TO SUSPEND ACCOUNT 我们暂时冻结账户的权利
Without limiting our right to take action under Clauses 14.2, 14.3 and 14.4, we may in our discretion suspend your account pending investigation for any reason. Whilst your account is suspended you will be able to close your open positions but you will not be entitled to place new trades. Circumstances in which we may choose to exercise this right include but are not limited to the following:
只要不限制我们根据第 14.2、14.3 和 14.4 条采取措施的权利，我们可酌情暂时冻结因故
a. When we have reasonable grounds for believing that an event of default has occurred or may occur but believe that it is reasonably necessary to investigate circumstances with a view to confirming this;
b. When we have reasonable grounds for believing that you do not have a sufficient understanding of the trades which you are placing or the risks involved;
c. When we have not received within 10 days of a written request all information, which we believe that we require in connection with this Agreement;
我们没有在提出书面要求后 10 日内获得我们认为本协议需要的所有信息;
d. We have reason to believe that there has been a breach in your account share or that there has been a threat to your account share; or
e. We have reason to believe that it is necessary for us to comply with any regulatory requirements.
14.6 CONCLUDE INVESTIGATIONS 得出调查结果
If we have suspended your account pending investigation, we will use reasonable endeavours to conclude our investigation within five (5) business days. When we conclude our investigation we will inform you whether trading on your account may resume or whether we will seek to take further action pursuant to this Agreement.
如果我们已经暂时冻结了您有待调查的账户，我们将尽力在五 (5) 个营业日内得出我们的
14.7 EXERCISE OF RIGHTS 行使权利
We may exercise our rights to close open positions under this Clause 14 at any time after the relevantevent has occurred and will do so on the basis of the next available price for the affected open position, as determined under Clause 11.
发生相关事件后，我们可以随时根据第 14 条行使我们平仓的权利，并按照根据第 11 条确
15 NETTING AND SETTING OFF 净额结算和抵消
At any time following the occurrence of an Event of Default, we may, by notice to you, specify a date (the "Liquidation Date") for the termination and liquidation of Netting Transactions in accordance with this Clause.
a. This Agreement and all trades under it form part of a singular agreement between us and you, and we both acknowledge that we enter into this Agreement and any trades under it in reliance upon these being a singular agreement. When open positions and/or your account are closed under this Agreement, we may:
本协议和本协议下的所有交易构成我们和您签订的单独协议的一部分，而且我们都承认，我们是基于作为单独协议的这些协议达成本协议和其他交易。在根据本协议平仓和 / 或关闭您的账户时，我们可以：
i. Combine and consolidate your cash and any money we hold for you in all of the accounts you may have with us; and
ii. Set-off against each other the amounts referred to below: 相互抵消的金额是指以下内容：
. Any amounts that are payable by us to you, regardless of how and when payable, including your cash (if a credit balance) unrealised profits and any credit balance held on any account even if any of these accounts have been closed;
. Any amounts that are payable by you to us, regardless of how and when payable, including, unrealised losses, interest, costs, expenses, charges and any debit balance on any account even if those accounts have been closed. You are also entitled to require us to exercise the above rights in relation to your accounts and/or open positions that have been closed. If the rights under these paragraphs are exercised, all the payment obligations will be consolidated into an obligation for you to pay the net sum to us or for us to pay a net sum to you.
. 您应付给我们的款项(不管如何以及何时支付)，包括任何账户上的未实现损失、利息、成本、费用、手续费和任何借方余额，即使该等账户已被关闭。您还有权要求我们对已经关闭的您的账户和 / 或敞口头寸行使上述权利。如果行使了这些款项规定的权利，所有付款义务均将并入您向我们支付净款项的义务或我们向您支付净款项的义务。
16 PAYMENTS 付款
16.1 YOUR PAYMENTS MUST BE THE FULL AMOUNT 您必须全额付款
When you make any payment which is subject to any withholding or deduction under this Agreement, you must pay to us an amount that ensures that the amount actually received by us is equal to the full amount we would have received had no withholding or deduction had been made.
16.2 PAYMENTS WE OWE YOU AND YOU OWE TO US ARE OFFSET
a. If on any day, the same amounts are payable under this Agreement in respect of the same account by either you or us to the other in the same currency, then, on such date, each of our obligations to make payment to such amount will be automatically satisfied and discharged.
. On the other hand, if the aggregate amount that is payable by one of us exceeds the aggregate amount that is payable by the other in the same currency, then the one who has to pay the larger amount must pay the excess to the other, and the obligations to make payment of each party will be satisfied and discharged.
16.3 PAYMENT OF AMOUNTS DUE TO US 支付应付给我们的款项
Unless otherwise provided in this Agreement, all amounts due to us will, at our option:
a. Be deducted from any funds held by us for you; or 从我们为您持有的资金中扣除;或者
b. Be paid by you in accordance with this Agreement. 根据本协议由您支付。
You must pay all commissions, fees and charges, including administration fees, data fees, rollover and financing charges, and other charges that may be levied by us from time to time, in accordance with this Agreement and the PDS. Goods and services tax will be added to the amount payable where relevant.
根据协议和 PDS 不时收取的其他费用。商品及服务税将被添加到相关的应付金额中。
16.4 WITHDRAWING CREDIT FROM YOUR ACCOUNT 扣留您账户中的结余
When your account is in credit, you may request us to send you a cheque or effect payment by alternative means of the amount in credit of such amount as you may specify. But, we may at our
discretion withhold from the amount of the credit balance if:
a. Any overnight position on your account shows a notional loss;
b. We reasonably consider that further amounts may be required to meet any current or future margin requirement on open positions due to underlying market conditions;
c. If you have any contingent liability to us (or to any of our associates), in respect of any other account open with us;
d. We reasonably determine that there is an unresolved dispute between us and you in connection
with this Agreement or any margin FX contract; or
e. We consider it necessary or desirable to withhold such amount to comply with our regulatory or
legal obligations, and we will notify you as soon as reasonably practicable if we decide to take
16.5 NO SECURITY INTERESTS CREATED 未创设担保物权
Nothing in this Agreement is intended to create or does create in favour of either of us any mortgage, charge, lien, pledge or other security interest in any cash or other property transferred by one to the other under any margin FX contract.
16.6 PAYMENTS TRANSFERRED MUST HAVE FREE TITLE
Each of us agrees that all rights, title and interest to and in any payment which it transfers to the other in respect of a margin FX contract under this Agreement vests in the recipient clear of any liens, charges, encumbrances or other interest of the transferor or any third party.
17 AMENDMENT AND TERMINATION 修正和终止
17.1 CURRENT VERSION OF AGREEMENT GOVERNS MARGIN FX CONTRACTS
You agree that the version of this Agreement published on our website at the time of entering into a margin FX contract governs that margin FX contract
17.2 AMENDING AGREEMENT 修正协议
We may amend or replace this Agreement by giving written notice of the changes. We will only make changes for good reason, including:
a. Making the provisions clearer or more favorable to you; 使条款更清楚或更有利于您;
b. Reflecting legitimate increases or reductions in the cost of providing services to you;
c. Rectifying any mistakes that may be discovered; 纠正可能发现的任何错误;
d. Reflecting any changes in the applicable laws, codes of practice or decisions by court, ombudsman, regulator or similar body;
e. Reflecting changes in market conditions; 反映市场行情变化;
f. Reflecting changes in the way we do business. 反映经营方式变化;
17.3 YOU MAY OBJECT 您可以反对
If you object to any changes, you must notify us within 14 days of the date the notice is deemed to be received under Clause 35. If you do not do so, you will be deemed to have accepted the changes. If you give us notice that you object, then the changes will not bind you; but we may require you to close your account as soon as reasonably practicable and/or restrict you from placing trades and/or orders to close your open positions.
如果您反对任何变更，您必须在该通知按照第 35 条的规定被视为收到之日后 14 日内通知
则变更内容不会约束您;但是我们可以要求您尽快关闭账户和 / 或限制您下单和 / 或命令
17.4 APPLICATION DATE 适用日期
Subject to Clause 17.2, the amendments made under this Clause 17 will apply, including to all open positions and unexecuted orders, from the effective date as stated by us of the changes specified in the notice.
在遵守第 17.2 条的情况下，根据第 17 条进行的修正将从我们在通知中指定的变更内容生
17.5 OUR RIGHT TO TERMINATE 我们的终止权利
We may terminate this Agreement and close your account at any time by giving you 30 days’ written notice; this right is in addition to any other rights to terminate this Agreement or close your account that we may have under this Agreement.
我们可在提前 30 天发出书面通知后随时终止本协议和关闭您的账户;该项权利并行于我们
17.6 YOUR RIGHT TO TERMINATE 您的终止权利
You may also terminate this Agreement or close your account at any time by giving us written notice. Your account will be closed as soon as reasonably practicable after we have received notice, all open positions are closed, or orders cancelled, and all of your obligations are discharged.
17.7 RESERVATION OF RIGHTS 保留权利
If you or we provide notice to close your account or terminate this Agreement under this Clause 17, we reserve the right to refuse to allow you to enter into any further trades or orders which may lead to you holding further open positions.
如果您或我们根据第 17 条发出关闭您的账户或终止本协议的通知，则我们有权利拒绝允许
8 APPLICATION OF ACCOUNT FUNDS 账户资金的运用
18.1 OUR RIGHTS TO APPLY ACCOUNT FUNDS 我们运用账户资金的权利
We may at any time without prior notice to you, in order to discharge your obligations (actual or
contingent) under this Agreement:
a. Apply all or part of any currency held by us in your account and any currency held by us for the purpose of your dealings in such order or manner as we think fit, whether the liabilities are actual or contingent, primary or collateral, joint or several;
b. Combine or consolidate all or any of the your accounts with us; and
c. Convert at a commercial rate currency held by us in your account into a currency or currencies in which payments are due from you to us and without us being responsible to you for any loss resulting from such conversion.
19 CEASING TO OFFER TO TRADE 停止提供交易
19.1 OUR RIGHT TO CEASE TO TRADE IN MARGIN FX CONTRACTS
We may at any time by written notice to you cease to offer to trade in any margin FX contract specifying in the notice a date on which we will cease to offer to trade in the particular margin FX
contract and such date being at least seven (7) days after the notice is sent.
我们可通过书面通知随时告知您停止提供外汇保证金合约交易，并在通知中指定我们将停止提供特定外汇保证金合约交易的日期，该日期为发送通知后至少七 (7) 日。
19.2 CLOSE OUT OF POSITIONS IF WE CEASE TO TRADE 我们停止交易时平仓
a. You agree to close out all open positions in relation to the margin FX contract for the date specified in the notice and we will close out any remaining open positions on the date specified in the notice with effect from the close of trading on the day.
b. If we exercise our right to close out your remaining positions under the preceding Clause, we will close out those open positions at the closing price for the contract except where your open positions are outside the normal trading size, in which case we will close those positions at a reasonable price determined by us in accordance with market practice, but at our absolute discretion.
20 LEGAL AND REGULATORY REQUIREMENTS 法律和监管要求
20.1 OUR ACTIONS TO COMPLY WITH THE LAW 我们依法办事
Despite any other provision of this Agreement, in providing the services in this Agreement, we will be entitled to take any action as we consider necessary in our absolute discretion to ensure compliance with all applicable laws.
20.2 YOU AGREE TO COMPLY WITH THE LAW 您同意遵守法律
You agree strictly to comply with all applicable laws. If we reasonably consider you have not so
complied, we may terminate this Agreement immediately without notice.
21 LIMITATION OF LIABILITY 责任限制
21.1 OUR LIABILITY LIMITED 我们的有限责任
Subject to any laws restricting us from limiting our liability, and to the maximum extent permitted by those laws, we are not liable for:
a. Any action we may take under this Agreement, so long as we act within the terms of its provisions and in particular act reasonably where required to do so; and
b. Any claim, loss, expense, cost or liability suffered or incurred by you (“claims”) except to the extent that such a loss, expense, cost or liability is suffered or incurred as a result of our breach of the agreement, negligence or wilful default.
21.2 REASONABLY FORESEEABLE LOSSES 可合理预见的损失
Other than is described in Clause 21.3 and subject to our limits on our liability in this Clause 21, we are each only responsible for losses that are reasonably foreseeable consequences of breaches of this Agreement are at the time the Agreement is entered into.
除了第 21.3 条所述的内容以及第 21 条规定的我们的责任限制之外，我们仅负责在签订本
21.3 INDIRECT LOSSES 间接损失
We are not responsible for indirect losses which occur as a side effect of the main loss and damage
which are not foreseeable by you and us. We are not liable to you for losses which you incur which are foreseeable by us for the reason that you have communicated the possibility of such losses or any special circumstances to us.
21.4 LOSS OF PROFIT 利润损失
We are not liable to you for any loss of profit or opportunity.
21.5 APPLICATION OF LIMITATIONS 限制的适用
The limitations of liability in this Clause 21 apply whether or not we or any of our employees or agents knew of the possibility of the claim being incurred.
无论我们或我们的员工或代理人是否知晓所产生的索赔的可能性，第 21 条规定的责任限制
21.6 YOU AGREE TO INDEMNIFY US 您同意赔偿我们
You agree continuously to indemnify us against all losses (including consequential losses), taxes, expenses, damages, charges, receipts, demands and expenses of any nature and on any account and liabilities present, future, contingent or otherwise and including legal fees on a full indemnity basis which may be suffered or incurred or brought against us or in connection with or caused by:
a. Your breach of this Agreement; 您违反本协议;
b. Us entering into any margin FX contract; 我们签订任何外汇保证金合约;
c. Us taking any action under this Agreement; 我们根据本协议采取任何措施;
d. Any representation or warranty given by you being incorrect, misleading or untrue, or any error in any order or instruction which is, or appears to be, from an authorised person, unless and to the extent only such is suffered or incurred as a result of our gross negligence or wilful default.
21.7 SURVIVAL OF INDEMNITY 赔偿继续生效
The indemnity in Clause 21.6 survives termination of this Agreement and any transaction under this Agreement.
第 21.6 条规定的赔偿在本协议和本协议下的交易终止后继续生效。
22 CLIENT MONEY 客户资金
22.1 AUSTRALIAN CLIENT MONEY RULES AND AUTHORISATIONS
All money paid to us by you or a person acting on your behalf, or which is received by us on behalf of you, will be held by us in one or more segregated bank accounts. These moneys do not constitute a loan to us and are held on trust by us. You agree and acknowledge that individual accounts of our clients are not separated from each other within the segregated trust accounts operated by us. Furthermore, you understand the possible risks of this as explained in the PDS, that you have received or downloaded.
The customer agrees that, in the event that there has been no movement on the customer’s trading
account balance for a period of at least six (6) years (notwithstanding any payments or receipts of
charges, interest or similar items) and the Company is unable to trace the customer despite having
taken reasonable steps to do so, the Company may release any customer’s money balances from the segregated account.
客户同意，如果客户的交易账户余额在至少六 (6) 年时间内没有任何变化(尽管存在支付
22.2 INVESTMENT OF MONEYS HELD 所持资金的投资
We may invest any of your money held in any segregated trust account as permitted by the Australian client money rules and you irrevocably and unconditionally authorise us to undertake any such investment.
22.3 TREATMENT OF INVESTMENT CAPITAL AND INTEREST 处理投资资本和利息
Unless otherwise agreed in writing with you: 除非与您另行书面约定，否则：
a. We are solely entitled to any interest or earnings derived from your moneys being deposited in a segregated trust account or invested by us in accordance with the Australian client money rules with such interest or earnings being payable to us from the relevant segregated trust account or investment account, as the case requires as and when we determine;
b. Upon realisation of an investment of your moneys, the initial capital invested must either be invested in another investment permitted by the Australian client money rules or deposited by us into a segregated trust account operated in accordance with the Australian client money rules;
c. In the event that the amount received upon realisation of an investment of your moneys is less than the initial capital invested, we must pay an amount equal to the difference into a segregated trust account for the benefit of you, except where any such difference is the result of amounts paid out of the investment to us and/or any associate of ours in accordance with the terms and conditions of this Agreement;
d. We will not charge a fee for investing your moneys in accordance with the Australian client money rules.
22.4 PROPERTY HELD ON TRUST 财产托管
If property, other than money, is given to us by you or a person acting on your behalf, or for your benefit, it must be held by us on trust in accordance with the Australian client money rules.
22.5 YOU AUTHORISE US TO DEAL WITH YOUR ACCOUNT
You irrevocably and unconditionally authorise us and/or any associate of ours to:
您不可撤销和无条件地授权我们和 / 或我们的关联方：
a. Withdraw, deduct or apply any amounts payable by you to us and/or any associate of ours under
this Agreement from your money’s held in any segregated trust account or invested by us, including, without limitation making a payment for, or in connection with, the margining, adjusting or settling of dealings in margin FX contracts entered into by you or the payment of interest or charges to us, it being acknowledged and agreed by you that such amounts belong to us under this Agreement and may be used by us in our business from time to time, including for the payment of amounts to our counterparties;
支付给我们和 / 或我们的关联方的任何金额，包括但不限于支付与您签订的外汇保证金合
b. Pay, withdraw, deduct or apply any amounts from your moneys held in any segregated trust account or invested by us as permitted by the Australian client money rules, it being acknowledged and agreed by you that any such amounts that belong to us may be used by us in our business from time to time, including for the payment of amounts to our counterparties;
c. Deal with any property, other than money, given to us in accordance with the terms and conditions of this Agreement, including, without limitation:
i. Dealing with such property in connection with the margining, adjusting or settling of dealings in margin FX contracts entered into by you: or
ii. Selling or charging in any way any or all of your property which may from time to time be in the possession or control of us or any of our associates following the happening of an event of default;
d. Deal with any property, other than money, given to us as permitted by the Australian client money rules.
e. Use such moneys for the payment of amounts to counterparties with whom we enter into derivatives to hedge our exposure to you in connection with margin FX or hedge our exposure to other clients who have entered into these financial products under the Client Agreements with us.
23 WARRANTIES, REPRESENTATIONS AND UNDERTAKINGS 保证、声明和承诺
23.1 YOUR WARRANTIES 您的保证
You undertake, warrant and represent to us; with the intention that the following undertakings,warranties and representations are repeated each time you provide instructions to us:
a. Legal disability: you are not under any legal disability and are not subject to any law which prevents you from entering this Agreement or any margin FX contract;
b. Corporate authorisation: if you are a company, you are empowered by, and have obtained, all necessary corporate or other authorities under your constitution and at law;
c. Consents: you have obtained all necessary consents and have the authority to enter into this
d. Compliance with laws: you are complying with all laws to which you are subject;
e. Able to pay debts: you are able to pay your debts as and when they fall due and are not
otherwise insolvent or presumed to be insolvent under any law;
f. No liquidator etc: no liquidator, provisional liquidator, receiver, receiver and manager,
trustee, controller, official manager, administrator or similar officer has been appointed in
relation to your affairs and no application has been made for the appointment of any of
g. Information accurate: at all times the information provided by you to us, whether in the
application form or otherwise will be complete, accurate and not misleading in any material
h. Transactions: you will not conduct any transactions, including trades, which contravene
laws or regulations in any transactions in relation to insider trading, market manipulation
or market abuse.
j. Suitability: you fully understand the risks associated with entering into the Transaction
contemplated under this Agreement, the PDS and that you have obtained relevant taxation,
legal and other professional advice in relation to the Transactions.
23.2 TRUSTEE OF A TRUST 信托公司的受托人
Where you are the trustee of a trust, settlement or fund (including a superannuation fund) (the trust) you further undertake, warrant and represent to us, with the intention that these undertakings, warranties and representations are repeated each time you provide instructions to us:
a. Capacities: you acknowledge and agree that you enter into this Agreement in your personal capacity and in your capacity as trustee of the trust;
b. Sole trustee: you are the sole trustee or trustees of the trust and you have been validly appointed;
c. Trust validly created: the trust was validly created and is in existence at the date of your application and has been duly stamped (if required);
d. Solely constituted: the trust is solely constituted by the trust deed described in your application and is as amended or substituted (trust deed);
e. Right of indemnity: you have the right of indemnity against the assets of the trust under the trust deed and there has not, and will not be, any breach of trust or any other action that will prevent you from enforcing your rights under that indemnity;
f. Full authority: you are empowered and have full authority under the trust deed to enter into this Agreement and to enter into the transactions contemplated by it;
g. No actions: there is no current or pending or threatened action or proceeding affecting the trust or any of the trust’s assets before any court or body which draws or purports to draw into question or is likely to affect the legality, or validity, of your right of indemnity under the trust deed or of this Agreement or any margin FX contract or your ability to observe your obligations under it;
h. Ceasing to be trustee: you will notify us immediately in writing if you cease for any reason to be the trustee of the trust or the trust is determined or ceases to exist;
i. No distribution of capital or income: you will not make any distribution of any income or capital or assets of the trust that results in there being insufficient assets of the trust to meet any of your liabilities under this Agreement.
23.3 SUPERANNUATION FUNDS 养老基金
If you are the trustee of a superannuation fund you further undertake, warrant and represent to us, with the intention that it is repeated each time you provide us with instructions, that you have sought advice as the trustee of a superannuation fund dealing In margin FX contracts and are satisfied that in so doing you comply with all your fiduciary duties and obligations under the Superannuation Industry (Supervision) Act 1993 and the regulations made under it, and that your dealings do not in any way breach that legislation.
有关交易外汇保证金合约的意见，并且确信自己在实施上述行为时遵守了 1993 年《退休金
23.4 NOTIFICATION OF CHANGES 变更通知
You undertake that throughout the term of this Agreement you will promptly notify us of any change to the details supplied by you in your application form and any material or anticipated change in your financial circumstances which may affect the basis upon which we do business with you.
23.5 ELECTRONIC SERVICES 电子服务
a. Subject to Clause 23.6 all warranties, express and implied, as to the description, quality, performance or fitness of the purposes for you of the electronic services or any component of such electronic services are disclaimed and excluded.
根据第 23.6 条，关于电子服务或其任何组成部分的描述、质量、性能或适宜性的所有明示或默示保证均被否认和排除。
b. We do not warrant or forecast that the electronic services or any component of any electronic services or any services performed in respect of any such electronic services will meet the requirements of any user, or that the operation of the electronic services will be uninterrupted or error-free, or that any services performed in respect of the electronic services will be uninterrupted or error-free.
23.6 STATUTORY WARRANTIES: 法定保证
Where the Corporations Act, the ASIC Act or the Consumer and Competition Act 2010 of the Commonwealth of Australia or any similar state or territory legislation implies in this Agreement any term, condition or warranty, and makes void or prohibits excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty will be deemed to have been included in this Agreement. However, our liability for any breach of such term, condition or warranty will be limited, at our option, to any one or more of the following:
如果《公司法》、ASIC 法案或澳大利亚联邦 2010 年《消费者和竞争法》或任何类似的州
a. If the breach relates to goods: 如果该违约涉及货物：
i. The replacement of the goods or the supply of equivalent or similar goods;
ii. The repair of the goods; 修复该货物;
iii. The payment of the cost of repairing the goods or acquiring the relevant goods, or payment of the cost of having the goods repaired; or
b. If the breach relates to services: 如果该违约涉及服务：
i. The supplying of the services again; or 再次提供该服务;或者
ii. The payment of the cost of having the services supplied again. 支付再次提供该服务的费用。
24 ELECTRONIC SERVICES 电子服务
24.1 SCOPE 范围
This Clause 24 applies to your use of electronic services.
第 24 条适用于您对电子服务的使用。
24.2 ACCESS 访问权限
Once you have gone through the share procedures associated with an electronic service provided by us, you will get access to such service, unless agreed otherwise or stated on our website. Please consult our website for more details on operating times. We may change our share procedures at any time and we will tell you of any new procedures that apply to you as soon as possible.
24.3 ACCESS REQUIREMENTS 访问权限要求
You will be responsible for providing the system to enable you to use an electronic service.
24.4 VIRUS DETECTION 病毒检测
You will be responsible for the installation and proper use of any virus detection/scanning program we require from time to time.
您应负责安装和正确使用我们不时要求的病毒检测 / 扫描程序。
24.5 USE OF INFORMATION, DATA AND SOFTWARE 信息、数据和软件的使用
In the event that you receive any data, information or software via the electronic service other than
that which you are entitled to receive pursuant to this Agreement, you will immediately notify us and will not use, in any way whatsoever, such data, information or software.
24.6 MAINTAINING STANDARDS 维护标准
When using the electronic service you must: 当使用电子服务时，您必须：
a. Ensure that the system is maintained in good order and is suitable for use with such electronic service;
b. Run such tests and provide such information to us as we reasonably consider necessary to establish that the system satisfies the requirements notified by us to you from time to time;
c. Carry out virus checks on a regular basis; 定期执行病毒检测;
d. Inform us immediately of any unauthorised access to an electronic service or any unauthorised transaction or instruction which you know of or suspect and, if within your control, cause such unauthorised use to cease; and
e. Not at any time leave the terminal from which you have accessed such electronic service or let anyone else use the terminal until you have logged off such electronic service.
24.7 SYSTEM DEFECTS 系统缺陷
In the event you become aware of a material defect, malfunction or virus in the system or in an electronic service, you will immediately notify us of such defect, malfunction or virus and cease all use of such electronic service until you have received permission from us to resume use.
24.8 INTELLECTUAL PROPERTY 知识产权
All rights in patents, copyrights, design rights, trade-marks and any other intellectual property rights (whether registered or unregistered) relating to the electronic services remain vested in us or our licensors. You will not copy, interfere with, tamper with, alter, amend or modify the electronic
services or any part or parts thereof unless expressly permitted by us in writing, reverse compile or
disassemble the electronic services, nor purport to do any of the same or permit any of the same to be done, except in so far as such acts are expressly permitted by law. Any copies of the electronic services made in accordance with law are subject to the terms and conditions of this Agreement. You must ensure that all the licensors trademarks and copyright and restricted rights notices are reproduced on these copies. You must maintain an up-to-date written record of the number of copies of the electronic services made by you. If we so request, you must as soon as reasonably practical, provide to us a statement of the number and whereabouts of copies of the electronic services.
24.9 LIABILITY AND INDEMNITY 责任和赔偿
Without prejudice to any other terms and conditions of this Agreement relating to the limitation of
liability and provision of indemnities, the following clauses apply to our electronic services.
a. System errors: we have no liability to you for damage which you may suffer as a result of transmission errors, technical faults, malfunctions, illegal intervention in network equipment, network overloads, malicious blocking of access by third parties, internet malfunctions, interruptions or other deficiencies on the part of internet service providers. You acknowledge that access to electronic services may be limited or unavailable due to such system errors, and that we reserve the right upon notice to suspend access to electronic services for this reason.
b. Delays: neither we nor any third party software provider accepts any liability in respect of any delays, inaccuracies, errors or omissions in any data provided to you in connection with an electronic service.
c. Viruses from an electronic service: we have no liability to you (whether in contract or in tort, including negligence) in the event that any viruses, worms, software bombs or similar items are introduced into the system via the electronic service or any software provided by us to you in order to enable you to use the electronic service, so long as we have taken reasonable steps to prevent any such introduction.
d. Viruses from your system: you must ensure that no computer viruses, worms, software bombs or similar items are introduced into our computer system or network and will indemnify us on demand for any loss that we suffer arising as a result of any such introduction.
e. Unauthorised use: we are not liable for any loss, liability or cost whatsoever arising from any unauthorised use of the electronic service. You continuously indemnify us against all losses, liabilities, judgments, suits, actions, proceedings, claims, damages and costs resulting from or arising out of any act or omission by any person using the electronic service by using your designated passwords, whether or not you authorised such use.
f. Markets: we are not liable for any act taken by or on the instruction of a market, clearing house or regulatory body.
24.10 SUSPENSION OR PERMANENT WITHDRAWAL WITH NOTICE
We may suspend or permanently withdraw an electronic service, by giving you 10 days’ written notice.
我们可通过提前 10 日向您发送书面通知的方式中止或永久性撤销电子服务。
24.11 IMMEDIATE SUSPENSION OR PERMANENT WITHDRAWAL
We have the right, unilaterally and with immediate effect, to suspend or withdraw permanently your ability to use the electronic service, or any part thereof, without notice, where we consider it necessary or advisable to do so, for example due to your non-compliance with the applicable laws, breach of any provisions of this Agreement, on the occurrence of an event of default, network problems, failure of power supply, for maintenance, or to protect you when there has been a breach of share. In addition, the use of an electronic service may be terminated automatically, upon the termination (for whatever reason) of (i) any licence granted to us that relates to the electronic service; or (ii) this Agreement.
您。此外，当 (i) 针对电子服务授予给我们的许可或 (ii) 本协议终止时(无论出于何种原
24.12 EFFECTS OF TERMINATION 终止效力
In the event of a termination of the use of the electronic service for any reason, upon request by us, you must, at our option, return to us or destroy all hardware, software and documentation that we have provided you in connection with such electronic service and any copies thereof.
25 DIRECT DEBIT AUTHORISATION 直接借记授权
The following provisions apply if a direct debit arrangement (“direct debit authorisation”) is entered into between you and us to debit the account of you for moneys you owe to us:
a. The direct debit authorisation applies in respect of all moneys due and payable to us under the confirmation and this Agreement;
b. You: 您：
i. Must ensure that sufficient funds are available in the nominated account to meet all drawings on their due dates;
ii. Must advise us immediately if the account nominated is transferred or closed;
iii. Must ensure a suitable alternate payment method is arranged with us if you terminate this direct debit authorisation;
iv. Are liable for all fees incurred by us in relation to failed drawings.
c. We: 我们：
i. Where the due date falls on a non-business day, will draw the amount on the next business day thereafter; and
ii. Reserve the right to cancel the direct debit authorisation if three or more drawings are returned unpaid by your nominated financial institution and to arrange with you an alternate payment method.
d. You: 您：
i. May terminate or amend the direct debit authorisation at any time by giving 14 days prior to written notice to us;
可提前 14 日书面通知我们并随时终止或修正直接借记授权;
ii. Stop payment of a drawing under the direct debit authorisation by giving three (3) days’ prior written notice to us;
在提前 3 日书面通知我们后停止按照直接借记授权支付提款;
iii. Where you consider a drawing has been debited incorrectly, you can dispute the drawing directly with us or lodge a direct debit claim through your nominated financial institution.
26 FORCE MAJEURE 不可抗力
26.1 FORCE MAJEURE EVENT 不可抗力事件
We may in our reasonable opinion determine that an emergency or exceptional market condition exists (“a force majeure event”), including but not limited to:
a. Where we are, in our opinion, unable to maintain an orderly market in our margin FX contracts in respect of any one or more of the underlying instruments as a result of the occurrence of any act, omission or event (including but not limited to any circumstance beyond our control such as strike, riot, civil unrest or failure of power supply, communications or other infrastructure);
b. The suspension, closure, liquidation or abandonment of any relevant market or underlying instruments;
c. The imposition of limits or special or unusual terms in the relevant markets or underlying instruments;
d. The excessive movement, volatility or loss of liquidity in the relevant markets or underlying instruments; or
e. Where we reasonably anticipate that any of the circumstances set out in Paragraphs 26.1(a) to (d) of this Agreement are about to occur.
我们合理预期的本协议下第 26.1(a) 至 (d) 款所列的情况即将发生。
26.2 ACTIONS WE MAY TAKE 我们可能采取的措施
If we determine that a force majeure event exists then we may (without prejudice to any other rights under this Agreement and at our sole discretion) take any one or more of the following steps:
a. Alter normal trading times; 更改正常交易时间;
b. Alter the margin percentage; 更改保证金百分比;
c. Amend or vary this Agreement and any transaction contemplated by this Agreement, including any contract, insofar as it is impractical or impossible for us to comply with our obligations to you;
d. Close any or all open margin FX contracts cancel instructions and orders as we deemed to be appropriate in the circumstances; or
e. Take or omit to take all such other actions as we deem to be reasonably appropriate in the circumstances having regard to the positions of us, you and other customers.
26.3 NOTIFICATION OF FORCE MAJEURE EVENT 不可抗力事件通知
To the extent practicable, we will take reasonable steps to notify you of any action that we propose to take under Clause 26.2 before we take such action. If it is not practicable to give you prior notice, we will notify you at the time promptly after taking any such action.
在切实可行的范围内，我们将告知您我们打算根据第 26.2 条采取的合理措施，之后再付诸
26.4 LIABILITY 责任
If we determine that a force majeure event exists, we will not be liable to you for any failure, hindrance or delay in performing our obligations under this Agreement or for taking or omitting to
take any action in accordance with Clauses 26.2 or 26.3 of this Agreement.
协议第 26.2 或 26.3 条采取或不采取采取任何措施，我们不对您承担任何责任。
26.5 CLOSE OPEN POSITIONS 关闭敞口头寸
In some circumstances, we may be unable, after using all reasonable efforts, to acquire, substitute,
maintain, unwind or dispose of any underlying instrument we consider necessary to hedge or protect our exposure to market and other risks arising from an open position. In such circumstances, we may close that open position at the contract price.
27 DISPUTE RESOLUTION 争议解决
27.1 INFORMING US ABOUT DISPUTES 通知我们争议情况
You should inform us immediately in writing of any dispute or difference whatsoever in connection with this Agreement. We will endeavour to investigate and resolve any dispute or difference in accordance with our internal complaints handling system.
27.2 HOW DISPUTES ARE DEALT WITH 如何解决争议
Any dispute or difference whatsoever in connection with this Agreement must be dealt with by you in Australia as follows in the event the dispute or difference is unable to be resolved by us to your satisfaction in accordance with our internal complaints handling system:
a. You may refer the dispute or difference to the Financial Ombudsman Service (FOS) for determination in accordance with their rules; or
您应根据金融督查服务署 (FOS) 的规则将争议或分歧转交给 FOS 决定;或
b. If the dispute or difference does not fall within FOS’ rules, the dispute or difference may be submitted by us to arbitration in accordance with and subject to the institute of arbitrators and mediators of Australia expedited commercial arbitration rules, and to the extent permitted under those rules the arbitrator will be a person recommended by the New South Wales chapter of the Institute of Arbitrators and Mediators of Australia; or
若争议或分歧不适用 FOS 规则，我们可将此争议或分歧提交给澳大利亚仲裁和调解员协会，依据简易商业仲裁规则进行仲裁，并服从仲裁结果。同时，在仲裁规则允许的范围内，仲裁员将是澳大利亚仲裁和调解协会新南威尔士州分会推荐的仲裁员;或
c. If the dispute or difference does not fall within the rules of FOS, you may request us to refer the dispute to arbitration in accordance with Paragraph (b) above, and: we may decide in our absolute discretion whether to agree to any such request;
若争议或分歧不适用 FOS 规则，您可要求我们根据上述 (b) 项将争议提交仲裁，同时：我们可以酌情决定是否同意任何该等要求;
d. Without agreement by us in accordance with this paragraph, you will not be able to refer the dispute or difference to arbitration, but will have to submit for the benefit of us only the dispute or difference to the exclusive jurisdiction of the courts of New South Wales.
e. You and we agree to accept any determination of the arbitrator under Paragraph (b) or above as final and binding and submit for the benefit of us only, to the exclusive jurisdiction of the courts in New South Wales for the enforcement of any such determination. For the avoidance of doubt, this Clause 27 will not prevent us from commencing proceedings in any other relevant jurisdiction for the enforcement of any such determination.
您和我们同意认可仲裁员根据第 (b) 项或以上规定做出的决定为最终和有约束力的决定，并且出于我们的利益，您和我们只服从新南威尔士州法院对强制执行任何该等决定的专属管辖。为避免疑问，本协议第 27 条不会阻止我们在任何其他相关管辖区域提起法律程序以强制执行任何该等决定。
27.3 WHERE WE MAY COMMENCE LEGAL PROCEEDINGS 我们在何处提起法律诉讼
Clause 27.2 of this Agreement is for the benefit of us only, and it does not prevent us from commencing proceedings against you in any relevant jurisdiction, in addition to submitting any dispute or difference whatsoever with you in connection with this Agreement to arbitration in accordance with Paragraph 27.2(b) of this Agreement.
本协议第 27.2 条只有利于我们，除了根据本协议第 27.2(b) 段的规定将关于本协议的任何
27.4 INTERNAL COMPLAINTS HANDLING POLICY 内部投诉处理政策
You should contact us for information on how complaints are handled by us internally.
28 PRIVACY 隐私
28.1 PERSONAL INFORMATION 个人信息
In the course of opening your account and providing services to you under this Agreement, it will be necessary for us to obtain and hold personal information that we obtain from you in accordance with data protection and anti-money laundering legislation. You agree that we can rely on, hold and process personal information for the purpose of performing those services and our obligations under this Agreement and for the purpose of improving those services through such things as product improvement and development.
28.2 PROVISION OF OUR SERVICES 提供服务
If you do not provide the information requested by us or agree to our information handling practices detailed in this Agreement, we may not be able to provide our services to you.
28.3 DISCLOSING INFORMATION 披露信息
You agree to us disclosing any information we collect from you:
a. In accordance with this Clause 28; 根据本协议第 28 条;
b. Where we are required by law or regulatory authorities; 当法律或监管机构要求的时候;
c. To regulatory authorities and to such third parties as we originally consider necessary in order to prevent crime;
d. Where reasonably necessary, to any third party which provides a service to us in connection with this Agreement, but restricted to the purposes of providing that service.
28.4 CREDIT AND IDENTITY CHECKS 信用和身份检查
You consent to us, or our agents acting on our behalf, carrying our credit and identity checks, including money laundering, compliance regulatory reporting and fraud prevention checks, as we may reasonably consider necessary or desirable, including references on your bank or any credit reference agency. You agree that any third party that we use for this purpose may share any information concerning you with us and other organisations.
28.5 INTRODUCING BROKERS 引见券商
In the situation where you have been introduced to by an introducing broker, you consent to us exchanging information with that introducing broker for the purposes of this Clause 28. You may withdraw your consent by advising us accordingly.
若您是由一家引见券商引见给我们，根据本协议第 28 条，您同意我们与该引见券商交换信
a. Client understands and agrees that ILQ 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 Introducing Broker or from any other person not employed by ILQ regarding foreign currency or exchange (“forex”) trading or the risks involved in such trading.
客户理解和同意，对于客户目前或将来收到的引见券商或非 ILQ 雇佣的任何其他人士就外币或外汇(“外汇”)交易或相关风险提供的信息或意见，ILQ 没有控制也无法追认或保证它们的准确性或完整性。
b. ILQ 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.
c. Client acknowledges that no promises have been made by ILQ or any individual associated with ILQ regarding future profits or losses in Client’s account. Client understands that forex trading is very risky, and that many people lose money trading.
d. If Introducing Broker or any other third party provides Client with information or advice regarding forex trading, ILQ shall in no way be responsible for any loss to Client resulting from Client’s use of such information or advice.
e. 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 Introducing Broker or any other third party will result in trading profits, Client hereby acknowledges, agrees and understands that all forex trading, including trading done pursuant to a system, course, program, research or recommendations of Introducing Broker 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 Introducing Broker or another third party will not necessarily result in profits, avoid losses or limit losses.
f. Client understands that Introducing Broker and many third party vendors of trading systems, courses, programs, research or recommendations may not be regulated by a government agency, and it would be to his benefit to inquire as to the regulatory status of the vendor in question. It would be to his benefit to do business with regulated vendors only.
g. Because the risk factor is high in forex transactions trading, only genuine "risk" funds should be used in such trading. If Client does not have the extra capital the Client can afford to lose, Client should not trade in the forex markets.
h. Client understands and acknowledges that ILQ may compensate Introducing Broker forintroducing Client to ILQ and that such compensation may be on a per–trade basis or other basis. Further, the Client has a right to be informed of the precise nature of such remuneration.
客户理解和承认，ILQ 可以向引见券商支付报酬以答谢其引见客户给 ILQ，该报酬可以交易前支付或按其他方式支付。此外，客户有权获知该等薪酬的准确性质。
i. Client understands and agrees that if Client’s account with ILQ is introduced by Introducing Broker that Introducing Broker shall have the right to access Client’s ILQ account information, including address, phone number, and e-mail address to enable Introducing Broker to provide ongoing training and assistance, updates on company activities and any other on-going information to be of assistance in client’s trading, as and when available.
客户理解和同意，若客户在 ILQ 开设的账户是由引见券商引见的，则该引见券商应当有权访问客户的 ILQ 账户信息，包括地址、电话号码和电邮地址，以便随时提供有助于客户交易的持续培训和协助、公司活动的更新信息以及任何其他持续信息。
j. The disclosure document does not give the Introducing Broker the right to enter into any trades on Client's ILQ account unless authorized by Client under a power of attorney between Client and Introducing Broker granting such Introducing Broker the right to trade on Client’s account.
披露文件没有向引见券商赋予在客户的 ILQ 账户上达成任何交易的权利，除非客户根据其与引见券商之间的授权委托书给予其授权，准许该引见券商在客户账户上交易。
28.6 NEW PRODUCTS OR SERVICES 新产品或服务
You authorise us to contact you by email, telephone or post to give you information about our new
products or services and you consent to us using your data for this purpose for the period that you have an account with us and after you have closed the account. However, if you do not wish to receive such information, you should advise us.
28.7 PASS PERSONAL DATA 传递个人资料
You authorise us to pass your personal information to selected related entities of us or third parties for the purpose of contacting you by email, telephone or post to give you information about products offered by that related party for the period you have an account with us and after you have closed it. If you no longer wish to receive this information, you should advise us.
28.8 OTHER COUNTRIES 其他国家
You acknowledge that it may be necessary for your information to be transferred to someone who
provides a service to us in other countries, and you consent to such transfer.
28.9 ACCESS TO INFORMATION 信息访问
You may contact us at the address listed in the product disclosure statement if you wish to request
access to any personal information that we hold about you for the time.
28.10 RECORDING 录音
We may record all conversations with you and monitor and maintain a record of all emails sent by or to us. All such records are our property and can be used by us.
29 ILLEGALITY ETC. 违法行为等
If at any time any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, neither the legality, validity or enforceability of the
remaining provisions of this Agreement under the law of that jurisdiction nor the legality, validity or enforceability of such provisions under the law of any other jurisdiction will be in any way affected.
30 ASSIGNMENT AND DELEGATION 转让和委托
The following provisions apply in relation to assignment and delegation:
a. You may not assign any of your rights or delegate any of your obligations under this Agreement to any person without our prior written consent.
b. You may not charge any or all of their rights under this Agreement, including any rights to
deposits held by us.
c. Without prejudice to Paragraph 30(a) of this Agreement, we may assign our rights or delegate any of our obligations under this Agreement to any person on giving not less than seven (7) business days’ notice to you, subject to obtaining ASIC approval where, and to the extent that such approval is required by law.
在不影响本协议第 30(a) 款的情况下，我们可在获得 ASIC 批准后(只要法律要求获得该批准)向任何人士转让我们在本协议下的任何权利或委托我们在本协议下的任何义务，只需至少提前 7 个营业日通知您即可。
d. If you are in default of any of your obligations under this Agreement, we will be entitled (without prejudice to any other rights it may have) at any time thereafter to assign to any person with immediate effect all or any of our rights in respect of moneys owing to us under this Agreement, as well as any security or other remedies available to us in respect of such moneys. If any such assignment is made, you will, if so required by us and the assignee, acknowledge in writing that the assignee has assumed our rights and obligations under this Agreement in relation to the relevant moneys owing by you.
e. Despite anything to the contrary contained in this Agreement, we may disclose to any actual or potential delegate or assignee as referred to in Paragraph 30(c) of this Agreement, such information relating to you and your relationship with us, as we see fit.
即使本协议有相反规定，我们仍可向本协议第 30(c) 款提及的任何实际或潜在代表或受让人披露关于您以及关于双方之间关系的信息，只要我们认为适当。
31 RIGHTS AND REMEDIES 权利和救济
The rights and remedies contained in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.
32 RIGHTS OF THIRD PARTIES 第三方权利
Nothing in this Agreement is intended to confer on any person other than us or you any right to enforce any term of this Agreement.
33 DELAY, OMISSION AND WAIVER 延误、不作为和弃权
The following provisions apply to any delay, omission and waiver:
a. No delay or omission on our part in exercising any right, power or remedy provided by law or under this Agreement, or partial or defective exercise thereof, will:
i. Impair or prevent further or other exercise of such right, power or remedy;
ii. Operate as a waiver of such right, power or remedy. 导致该权利、权力或救济的弃权。
No waiver of any breach of any term of this Agreement will (unless expressly agreed in writing by the waiving party) be construed as a waiver of a future breach of the same term or as authorising a continuation of the particular breach.
34 GOVERNING LAW AND JURISDICTION 适用法律和管辖
34.1 LAW 法律
This Agreement and each margin FX contract between us and you will be governed by and construed in accordance with the law of New South Wales, Australia.
34.2 JURISDICTION 管辖
You and we submit, for the benefit of us only, to the exclusive jurisdiction of the law of New South Wales, Australia. For the avoidance of doubt, this Clause 34 will not prevent us from commencing proceedings in any other relevant jurisdiction.
本协议第 34 条不会阻止我们在任何其他相关管辖区域内提起法律程序。
35 NOTICES 通知
35.1 NOTICES MUST BE IN WRITING 通知必须采用书面形式
Subject to Clause 35.2 and the PDS, any notice or other communication given or made under or in
connection with the matters contemplated by this Agreement will, except where oral communication is expressly provided for, be in writing and will be sent to the address below:
根据第 35.2 条和 PDS，除了明确规定采用口头沟通的情况外，根据本协议或因本协议规
b. You: the address, facsimile number and electronic mail address provided by you for this purpose.
35.2 PROVISION OF NOTICE 发送通知
A notice in writing can be provided by letter, fax, email or to the extent permitted by applicable laws, the website including the trading platform. We may send notices to you at your last known home or email address, place of work, fax, telephone, pager number or other contact details.
35.3 WHEN NOTICES ARE RECEIVED 收到通知的时间
Any such notice will be deemed to have been received:
a. If delivered personally or by hand, at the time of delivery;
b. If posted, within three (3) business days of posting;
如果邮寄，在投递之日起三 (3) 个营业日内视为收到;
c. If oral, whether by telephone or face to face, when actually given;
d. If by leaving a message on a telephone answering machine or voice mail, one hour after the
message was left;
e. If sent by facsimile, one hour after completion of its transmission; and
f. If sent by electronic mail, one hour after sending.
35.4 CHANGE OF NOTICE DETAILS 通知内容的变更
You may alter the address (including electronic mail address) to which confirmations, statements and other communications are issued, by written notice to us and we may notify you of a change to any of its details as stated above, provided in either case that such alteration will only be effective on the later of the date specified in the notice and the time of deemed service under Clause 35.3 of this Agreement.
日期或本协议第 35.3 条规定的送达时间(以更晚的日期为准)生效。
35.5 DEEMED NOTICE WHERE NOTICE SENT CONTACT DETAILS PROVIDED
You agree and acknowledge that any confirmations, statements, supplementary PDS, and any other written notices will be deemed to have been properly given or made available if sent to the address (including electronic mail address) last notified to us by you.
您同意和承认，任何发送到您最后通知我们的地址的确认书、声明书、补充 PDS 和任何其
35.6 YOUR RESPONSIBILITY TO UPDATE CONTACT DETAILS 您更新联系方式的义务
You agree and acknowledge that you are solely responsible for ensuring that we have your current
address, telephone number, facsimile number and electronic mail address.