This is an agreement (“Agreement”) between WorldWideMarkets, Ltd. ("WWM") its successors and assigns, and the party (or parties) hereinafter referred to as Customer (or Customers) that have executed this agreement for the purposes of trading Equities and Equity Options (hereinafter referred to as “Equities”), and such other investments which may be offered from time to time by WWM.
Equities and Equity Options are investments for which the profit or loss is the difference between the opening and closing price of the position. The final profit and loss is a cash settlement and there is no physical delivery of any equity. The price of an equity stock is determined by marketplace.
CUSTOMER ACCOUNT AND ORDER ENTRY
CUSTOMER ACCOUNT. Upon acceptance of Customer’s application, the Customer is opening an account(s) (“Account(s)”) with WWM for the purposes of trading Equities. The initial deposits, all subsequent deposits to, and withdrawals from the Account and all transactions effected in the Account shall be subject to this Agreement. If Customer owns more than one Account, each such Account shall be subject to this Agreement. The Customer understands and acknowledges that WWM may utilize third party service providers (hereinafter referred to as “Third Party” or “Third Party Service Provider(s)”) to provide certain customer support functions related to the Customer’s Account with WWM, including, but not limited to, the Account opening process and responding to Customer inquiries.
PASSWORD. Information regarding Customer’s Account will be made available via WWM’s online trading system (“Trading Platform”). Upon Account opening, Customer will receive a number, code, or other sequence which provides access to each of Customer’s Accounts with WWM (the “Password”). Customer acknowledges, represents, and warrants that: (i) Customer is the sole and exclusive owner of the Password; (ii) Customer is the sole and exclusive owner of any identification number, code, or other sequence which allows access to the Trading Platform (the “ID”), or Customer has obtained permission or a license from the owner of the ID that allows him/her to use the ID as though it were their own; (iii) Customer accepts full responsibility for use and protection of the Password and the ID, as well as for any transaction occurring in an Account opened, held, or accessed through the ID or the Password, and WWM may presume that any order entered by a person using the Password or the ID is done so by Customer or Customer’s duly authorized Trading Agent (as defined in Section 24).
ORDERS. Customer may place orders to purchase and sell Equities in Customer’s Account pursuant to the terms of this Agreement. Customer understands that instructions for orders to purchase and sell Equities may only be given via the Trading Platform. WWM shall not be responsible for any loss or damage caused, directly or indirectly, by any events, actions or omissions beyond the control of WWM, including, without limitation, loss or damage resulting 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. Customer agrees that WWM shall not be under a duty to inquire as to the authority or propriety of any instructions given to WWM by Customer, and shall be entitled to act upon any such instructions; and WWM will not be liable for any loss, cost expense or other liability arising out of any such instructions. If Customer’s account is not being traded with Customer’s authorization, Customer must notify WWM immediately at firstname.lastname@example.org.
COUNTERPARTY TRANSACTIONS; TRADING LIMITATIONS. Customer understands that the Equities offered by WWM are executed on a regulated exchange or a regulated broker-dealer. WWM reserves the right to refuse any order, and limit the amount and/or total number of open positions which Customer undertakes in their account.
MANIFEST ERROR. A “Manifest Error” is a trade which WWM reasonably deems to be clearly erroneous based on the levels of the underlying market at that time or any information source on which WWM bases its price. If WWM deems a Manifest Error has occurred, it may either, void the trade at the original price, close the trade at the current price, or amend the terms of the trade based on the conditions of the Manifest Error.
MARGINS AND SETTLEMENTS
MARGINS AND DEPOSIT REQUIREMENTS. Customer shall provide to and maintain with WWM margin in such amounts as required by WWM in its sole discretion. WWM may change margin requirements at any time with or without notice. If Customer equity (cash plus/minus mark to market profit/loss) falls below the required margin level, including allowing for any currency conversions, then for instruments where the marketplace is quoting a live market, those Customer positions will be closed, which may result in a loss for those positions. Margin is calculated based on the degree of leverage offered to the Customer.
OVERNIGHT FUNDING. With regard to Cash Instruments, WWM will automatically carry all open positions in a customer account overnight. At the end of each trading day there will be a financing credit or debit to the Customer Account.
PAYMENTS AND WITHDRAWALS. Any amounts payable to the Customer will be paid directly to the same source from which the margin deposit was originally paid to WWM, or to another account with the same source (account in the name of the same customer). If a sum due to WWM in accordance with this agreement is late, WWM will charge reasonable interest on the sum owed. Interest will be due on a daily basis from the due date until the payment is received in full. Customer is responsible for all fees and other charges that are incurred from Payments and Withdrawals. WWM WILL NOT ACCEPT CASH OR PAYMENTS FROM THIRD PARTIES
PAYMENT OF DEFICIT BALANCES. Customer shall at all times be liable for the payment of any deficit balance of Customer upon demand by WWM, and in the event of a liquidation of the Customer account(s). In the event the proceeds realized pursuant to this authorization are insufficient for the payment of all liabilities of Customer due to WWM, Customer shall promptly pay upon demand, the deficit and all unpaid liabilities, and all costs of collection, including attorney’s fees and travel expenses. Customer agrees to pay any expenses in the event that WWM incurs expenses in relation to the Customer Account(s), other than for the collection of deficits. Any failure by WWM to enforce its rights hereunder shall not be deemed a waiver by WWM to enforce its rights thereafter.
LIQUIDATION OF ACCOUNTS. WWM may at any time proceed to liquidate Customer’s Account based on the following circumstances, or any other circumstances under which WWM determines that liquidation is necessary to protect WWM: (i) upon the death or judicial declaration of incompetence of Customer; (ii) the 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 Customer; (iii) the filing of an attachment against any of Customer’s Accounts carried by WWM or WWM affiliated companies. WWM may take one or more of the following actions, or any other such actions that may be necessary for WWM to afford WWM the appropriate level of protection: (1) satisfy any obligation Customer may have to WWM or WWM affiliated companies, out of any of Customer’s funds in its custody; (2) sell any or purchase any or all equities, securities held or carried for Customer; and (3) cancel any or all outstanding orders or equities, or any other commitments made on behalf of Customer. Any of the above actions may be taken without prior notice to Customer or Customer’s representatives.
INFORMATION; CONFIDENTIALITY AND RECORDINGS.
BACKGROUND CHECK; DISCLOSURE OF FINANCIAL INFORMATION. Customer authorizes WWM, or a Third Party acting on behalf of WWM, to obtain information about Customer from credit sources, financial institutions, and court records and authorizes such parties to disclose to WWM, or a Third Party acting on behalf of WWM, such information about Customer as WWM, or a Third Party acting on behalf of WWM, may request. The Customer represents and warrants that the financial information disclosed to WWM, or a Third Party acting on behalf of WWM, is a true representation of the financial condition of the Customer as of the date that the information is provided.
CUSTOMER STATEMENT AND COMMUNICATIONS. Customer consents to receiving Account statements through electronic communication only, and Customer will only receive a hard copy of an Account statement when requested by the Customer. Communications by mail, e-mail, messenger, telegraph, or otherwise, sent to Customer at the address of record listed on the application, or any other address Customer may give WWM or a Third Party acting on behalf of WWM, are presumed to be delivered to and received by Customer whether actually received or not.
RATIFICATION. The reports of the orders and other activity in the Customer’s Account(s) shall be deemed correct and shall be final and binding upon Customer if Customer does not object in writing within 24 hours after the order or other activity is posted to the Customer’s electronic account statement. The Customer must submit their objection via email at email@example.com within the 24 hour period. The orders and other activity in the Customer’s Account(s) are deemed to be accepted by the Customer if no objection is filed within the 24 hour period. WWM will respond to an objection in a timely manner, based on the type of objection, and will handle and track the objection consistent with regulatory requirements.
CONFIDENTIALITY AND USE. Customer, or their duly authorized Trading Agent (as defined in Section 24), shall be the only authorized user of Trading Platform under this Agreement and agrees not to make it available to any third parties. Customer agrees to keep confidential and not publish, broadcast, retransmit, reproduce, commercially exploit, or otherwise redistribute the data, information, or services provided under this Agreement, and agrees not to use the Trading Platform except as authorized by this Agreement.
INFORMATION SHARING. WWM may share information regarding transactions and experiences with Customer and Customer’s Account with Third Party Service Providers in connection with servicing Customer’s Account. In addition, Third Party Service Providers may share information regarding transactions and experiences with Customer and Customer’s Account with WWM and WWM affiliated companies in connection with servicing Customer’s Account. The Customer consents to such information sharing.
RECORDINGS. Customer acknowledges that all conversations, and all other forms of communication, regarding Customer’s Account(s) between Customer and WWM personnel, or between Customer and Third Party personnel acting on behalf of WWM, may be recorded. Customer further agrees to the use of such recordings and transcripts thereof as evidence in connection with any dispute or proceeding that may arise involving the Customer Account(s).
RISKS AND INDEMNIFICATION
RISK ACKNOWLEDGMENT. Customer acknowledges that trading in leveraged and non-leveraged equities is speculative and involves a high degree of risk, and that because of the low margin normally required for trading of equities, price changes may result in significant losses. Customer further understands that there can be no guarantee of profit, or assurance of no losses, in equities trading. The Customer understands that “Risk Capital” is the level of funds the Customer is willing to put at risk, and if such funds were completely lost, the loss of such funds would not, in any way, change the Customer’s lifestyle. The Customer (i) represents and warrants that they have very carefully considered the portion of their assets which the Customer considers to be Risk Capital, and that Customer is willing and able, financially and otherwise, to assume the risk of equity and equity options trading, (ii) agrees to immediately inform WWM if there is a significant reduction in the Customer’s Net Worth, Liquid Assets and/or Risk Capital, and (iii) acknowledges that Customer understands the risk factors concerning trading in leveraged equities, in regards to the Customer establishing an account with WWM for the purposes of speculating and/or purchasing and/or selling equities, in addition to those risk factors contained in the Risk Disclosure Statement.
CURRENCY FLUCTUATION RISK. For Customer Accounts (i) any profit or loss occurring as a result of a fluctuation in the exchange rate, will solely be the responsibility of the Customer’s Account(s), ii) all initial and subsequent margin deposits shall be converted into U.S. dollars
DISCLAIMER/LIMITATION OF LIABILITY WITH RESPECT TO ELECTRONIC SERVICES. THE ELECTRONIC SERVICES ARE PROVIDED AT CUSTOMER’S SOLE RISK ON AN “AS IS,” “AS AVAILABLE” BASIS. NEITHER WWM, NOR ANY OF WWM’S RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, THIRD PARTY SERVICE PROVIDERS, AFFILIATES, INFORMATION PROVIDERS, LICENSORS, OR OTHER SUPPLIERS PROVIDING DATA, INFORMATION, SERVICES OR SOFTWARE (COLLECTIVELY, “THEM” OR “THEY”) MAKES ANY REPRESENTATIONS OR WARRANTIES EXPRESS OR IMPLIED INCLUDING WITHOUT LIMITATION ANY WARRANTY THAT THE ELECTRONIC SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IN RESPECT OF THE ELECTRONIC SERVICES OR ANY INFORMATION PROGRAMS OR PRODUCTS OBTAINED FROM, THROUGH, OR IN CONNECTION WITH THE ELECTRONIC SERVICES; NOR DO ANY OF THEM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SUCH ELECTRONIC SERVICES, OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, COMPLETENESS, RELIABILITY OR CONTENT OF ANY DATA, INFORMATION, SERVICES OR TRANSACTIONS PROVIDED THROUGH THE ELECTRONIC SERVICES; IN NO EVENT WILL ANY OF THEM BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM ANY DEFECT IN, OR USE OF, OR INABILITY TO USE OR ACCESS WWM’S TRADING PLATFORM (INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES OR DAMAGES THAT RESULT FROM LOSS OF THE USE OF THE TRADING PLATFORM, INCONVENIENCE OR DELAY), EVEN IF ANY OF THEM HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. THEY DO NOT GUARANTEE THE SUITABILITY OR POTENTIAL VALUE OF ANY PARTICULAR INVESTMENT OR INFORMATION SOURCE. WWM WILL NOT BE LIABLE IN THE EVENT THAT ANY COMPUTER VIRUSES, WORMS, SOFTWARE BOMBS, OR SIMILAR ITEMS ARE INTRODUCED INTO YOUR COMPUTER HARDWARE OR SOFTWARE VIA THE TRADING PLATFORM.
INDEMNIFICATION. Customer agrees to indemnify and hold WWM, its affiliates, employees, agents, Third Party Service Providers, successors and assigns harmless from and against all liabilities, losses, damages, costs and expenses, including attorney’s fees, incurred by WWM due to the Customer’s violation of this Agreement, or from violation of any Third Party Service Provider’s rights. Customer also agrees to pay promptly to WWM all damages, costs and expenses, incurred by WWM in enforcement of any provisions of this Agreement and any other agreements between WWM and Customer. This indemnification and hold-harmless obligation will survive the termination of this Agreement.
TAXES AND FEES
FEES; BANK WIRES/ELECTRONIC FUNDS TRANSFER. Customer understands that WWM may offer various fee schedules based on account activity requirements, including trading volume and assets. Customer further understands that when bank wires and electronic funds transfers are initiated for the benefit of the Customer, WWM may impose reasonable fees for these services.
TAXES. Customer is responsible for the payment of any taxes, levies, fines, stamps, or other fees that arise from the Trading Account and transactions place therein from all relevant tax authorities.
INFORMATION NOT ADVICE BY WWM. Customer understands that WWM’s Trading Platform may offer information (“Information”) from various third-party information providers (each an “Information Provider”). Such Information is impersonal and is not intended to meet the objectives or needs of specific individuals or accounts. Customer understands that WWM does not make recommendations or provide advice with respect to the purchase or sale of equities, does not confirm the Information, and does not endorse any investment recommendation or strategy contained in the Information. Nothing in this Agreement should be construed as a solicitation or recommendation to buy or sell equities. Customer further understands that Information may become unreliable because of subsequent market or economic circumstances. Customer agree that neither WWM nor the Information Providers shall have any liability, contingent or otherwise, for the accuracy, completeness, or timeliness of the Information, or for any decision made or action taken by Customer in reliance upon the Information.
TRADING AGENT. Customer further acknowledges that should Customer grant trading authority or control over Customer’s Account to a third party Trading Agent ("Trading Agent"), whether on a discretionary or non-discretionary basis, WWM shall in no way be responsible for reviewing Customer’s choice of such Trading Agent nor making any recommendations with respect thereto. Customer understands that WWM makes no warranties nor representations concerning the Trading Agent, that WWM shall not be responsible for any loss to Customer occasioned by the actions of the Trading Agent and that WWM does not, by implication or otherwise, endorse or approve of the operating methods of the Trading Agent. If Customer gives Trading Agent authority to exercise any of its rights over Customer’s Account(s), Customer understands that Customer does so at Customer’s own risk.
MOBILE SERVICES. Customer may access and use WWM’s Trading Platforms and web site through a Mobile Device. WWM’s Mobile Services Terms, hereby incorporated by reference into this Agreement, along with any other related terms and conditions, govern your use of WWM’s Mobile Services.
CUSTOMER REPRESENTATIONS AND WARRANTIES. Customer represents and warrants that: (i) Customer is of sound mind, legal age and legal competence; and, (ii) no persons, other than those persons identified as the Customer(s) in this Customer Agreement has or will have an interest in Customer’s Account(s); and, (iii) Customer hereby represents and warrants that Customer is suitable to trade equities and, (iv) Customer is currently not 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, and in the event that Customer becomes so employed, Customer will promptly notify WWM of such employment; and, (v) all Customer-related information provided in this Customer Agreement and in all other documents related to Customer Account(s) is correct and complete as of the date provided, and Customer will notify WWM promptly of any changes in such information at firstname.lastname@example.org.
JOINT ACCOUNTS. For Accounts jointly held, each person that is a Customer in the Account has authority to: (i) Trade for the Account in accordance with the Customer Agreement, (ii) Receive all correspondence and documents in respect to the Account, (iii) Receive or withdraw Account funds, and (iv) Execute agreements relating to the Account. WWM may require joint action by the Account holders in regards to the Account. Unless informed in writing at email@example.com by one of the Joint Account holders, WWM assumes that each person in the Joint Account has an equal share in the Account. If a death occurs to one or more of the Account holders, WWM shall be notified in writing and be provided with proof of death certificate(s).
TERMINATION. This Agreement shall continue in effect until termination, and may be terminated by Customer at any time when Customer has no open position(s) and no liabilities held by or owed to WWM. The termination of the Customer Account would go into effect upon the receipt by WWM, or by the receipt of a Third Party acting on behalf of WWM, of written notice of termination at firstname.lastname@example.org. WWM may terminate this Agreement at any time by providing written notice of termination to Customer. Termination of the Customer Account(s) by either party shall not affect any transactions previously entered into and shall not relieve either party of any obligations set out in this Agreement..
CUSTOMER ASSETS. WWM will hold Customer funds on the Customer's behalf in a regulated bank account. This account will be segregated from WWM's money and assets, in accordance with British Virgin Islands Financial Services Commission (“FSC”) guidelines. WWM will not be liable for the failure or insolvency of any bank holding money. WWM will not pay interest on Customer funds. When funds are used to open and maintain positions with WWM, such funds will be due and payable to WWM for WWM’s own account, and will be held in a separate regulated bank account..
FORCE MAJEURE. WWM will not be liable for loss caused directly or indirectly beyond WWM’s reasonable control, including hurricanes and other acts of God, riots, terrorist acts, war, government restrictions, exchange or market rulings, suspension of trading, extreme market volatility, or trading volumes.
HEADINGS 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.
GOVERNING LAW AND JURISDICTION. The terms of this Agreement and the resolution of any disputes will be governed by the laws of the British Virgin Islands. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in the British Virgin Islands.
BINDING EFFECT. This Agreement shall be continuous and shall cover, individually and collectively, all Accounts of Customer with WWM. This Agreement shall not be assignable without first obtaining WWM’s consent. WWM may transfer, assign, or sell Customer’s Accounts and this Agreement at any time without Customer’s prior consent.
AMENDMENT. WWM may amend this Agreement at any time by providing notice to Customer via e-mail to Customer, posting a message to Customer’s Account, or if amendment is effective for all Customers’ Accounts, posting notice on WWM’s web site home page, or by having a third party provide notice to the Customer(s) in the appropriate manner. The amended agreement shall automatically be effective when notice is provided. Customer’s continuing to enter into OTC Transactions with WWM shall mean that Customer accepts the terms of this Agreement as amended.
ENGLISH AS PRINCIPAL LANGUAGE. In the event this Agreement is translated into a language other than English, the English version of this Agreement shall control.
COUNTERPARTS. This Agreement may be executed in multiple counterparts, any one of which need not contain the signatures of more than one party, but all such counterparts taken together shall constitute one and the same instrument. This Agreement or any counterpart may be executed and delivered by facsimile copies or delivered by electronic communications by portable document format (.pdf), each of which shall be deemed an original.
WWM PERSONNEL MANAGEMENT OF TRADING ACCOUNT. Customer understands that WWM does not permit its Account Executives to either exercise discretion or manage a Trading Account, or hold a power of attorney over a Trading Account, unless approved by an executive officer of WWM and only after proper documentation has been submitted and approved by WWM.
WWM adheres to the following codes and Procedures developed by the British Virgin Islands Financial Services Commission (BVIFSC)
Please be advised, services and products described on this site and offered by WorldWideMarkets Ltd. (WWM) are not being offered within the United States, and are not being offered to U.S. residents or citizens, as defined under applicable law.
WorldWideMarkets regrets any inconvenience this may cause and thanks you for your interest in our products and services.