Website Risk Disclosure
The following notice provides the user with information about the risks associated with investment products, which can be invested in through the services provided by Seager Limited, which shall be referred to as “Sage FX”.
Sage FX Risk Disclosure
Intended clients should carefully consider the following risk warnings. Please take into consideration that Sage FX does not delve into, or explain the entire risks that could be involved from the engagement with Financial Instruments.
Sage FX outlays the general essence of the existing risks when dealing with Financial Instruments, in a just and non-misleading way.
Sage FX highlights the fact that unless the user understands and has a dense knowledge of each Financial Instrument, they shouldn’t engage in any trading activity. The user shouldn’t risk more than he or she is prepared to lose. Sage FX doesn’t act under any circumstances, as a platform that provides clients with any advice related to investments, possible transactions in investments, or Financial Instruments, neither will it make any kind of recommendations. Prior to opening an account with Sage FX, users should understand and set realistic goals according to their financial status before choosing which Financial Instrument is suitable for them. If the user doesn’t understand the risks involved in trading Financial Instruments, consulting an independent financial advisor should be the first step taken. If after consulting an independent financial advisor, the risks remain unclear, then they should refrain from any trading activity, in its entirety. The value of Financial Instruments can increase or decrease, which generates a significant risk when purchasing or selling any Instrument. Users are liable for all possible losses and damages that come from their trading activities, which could be more than the initial invested capital.
- The user is responsible for the risks of financial losses caused by the failure of information, communication, electronic and other systems. Not executing their order or not executing it according to their instructions, may be the result of any system failure. Sage FX it’s not held responsible for any liability in the case of such failure.
- While engaging with the Client Terminal the User shall be responsible for the risks of financial losses caused by:
- The wrong settings in the Client Terminal;
- Delayed Client Terminal updates;
- Poor Internet connection either on the side of the Customer or the Company, or both, interruptions, transmission blackouts, public electricity network failures, hacker attacks, or overload of connection;
- User’s, Company’s hardware, software failure, malfunction or misuse;
- The Customer disregarding the applicable rules described in the Client Terminal user guide and in the Company’s Website.
- The user acknowledges that at times of excessive deal flow, the User could experience some issues with connectivity over the telephone with a Dealer, especially in a Fast Market (i.e. When key macroeconomic indicators are released).
Abnormal Market Conditions
- Under Abnormal Market Conditions, the User acknowledges that the period during which the Instructions and Requests are executed may be extended.
- The User acknowledges that no more than one Request or Instruction is permitted to be in the queue at one time. Once the Request or Instruction is sent, any further Request or instructions sent by the User is ignored and the “Order is locked” message will appear until the first Request or instruction is executed.
- The User acknowledges that the only reliable source of Quotes Flow information is that of the real/live Server’s Quotes Base. Quotes Based in the Client Terminal is not a reliable source of Quotes Flow information because the connection between the Client Terminal and the Server may be disrupted at some point and some of the Quotes simply may not reach the Client Terminal.
- When the user closes the order placing/modifying/deleting window or the position opening/closing window, the User acknowledges that the Instruction or Request, which has been sent to the server, shall not be cancelled.
- In case the User has not received the result of the execution of the previously sent Instruction but decides to repeat the Instruction, the User shall accept the risk of making two Transactions instead of one, however, the client may receive an “Order is locked” message as described in the point above.
- The User acknowledges that if the Pending Order has already been executed but the Customer sends the Instruction to modify its level and the levels of If-Done Orders at the same time, the only Instruction, which will be executed, is the instruction to modify Stop Loss and/or Take Profit levels on the position opened when the Pending Order triggered.
- The Customer shall accept the risk of any financial losses caused by the fact that the Customer has received with delay or has not received any notice from the Company.
- The User is fully responsible for the risks in respect of undelivered trading platform internal mail messages sent to the Customer by Sage FX as they are automatically deleted within 3 (three) calendar days.
- The User acknowledges that the unencrypted information transmitted by email is not protected from any unauthorised access.
- The User is wholly responsible for the privacy of the information received from Sage FX and accepts the risk of any financial losses caused by the unauthorised access of a third party to the User’s Trading Account.
- Sage FX has no responsibility if authorized/unauthorised third persons have access to information, including electronic addresses, electronic communication and personal data, when the above are transmitted between Sage FX or any other party, using the internet or other network communication facilities, telephone, or any other electronic means.
FORCE MAJEURE EVENT
- The User shall accept the risk of financial losses in case of a Force Majeure Event.
RISK WARNING NOTICE FOR FOREIGN EXCHANGE
- This notice cannot disclose all the risks and other significant aspects of foreign exchange. The User should not deal in these products unless he or she understands their nature and the extent of risk exposure. Users should also be satisfied that the product is suitable for them considering their circumstances and financial position. Certain strategies, such as a “spread” position or a “straddle”, maybe as risky as a simple Long or Short position.
It is extremely recommended that the User maintains a Margin Level (percentage Equity to Necessary Margin ratio which is calculated as Equity / Necessary Margin * 100%) no lower than 1,000%. It is also recommended to place Stop Loss to limit potential losses, and Take Profit to collect profits when it is not possible for the User to manage the User’s Open Positions.
The User should take responsibility for all financial losses as a result from the opening of the position using temporary excess Free Margins on the Trading Account obtained as a result of a profitable position (cancelled by Sage FX afterwards) opened at an Error Quote (Spike) or at a Quote received as a result of a Manifest Error.
HIGH VOLATILITY INSTRUMENTS
- Some Instruments trade within wide intraday ranges with volatile price movements. Therefore, the User must carefully consider that there is a high risk of losses as well as profits. The price of Derivative financial instruments is derived from the price of the underlying asset in which the instruments refer to (for example currency, stock, metals, indices, etc). Derivative financial instruments and related markets can be highly volatile. The prices of instruments and the underlying asset may fluctuate rapidly across wide ranges and may reflect unforeseeable events or changes in conditions, none of which can be controlled by the User, or Sage FX. Under certain market conditions, it may be impossible for a User’s order to be executed at a declared price leading to losses. The prices of instruments and the underlying asset will be influenced by, amongst other things, changing supply and demand relationships, governmental, agricultural, commercial and trade programs and policies, national and international political and economic events and the prevailing psychological characteristics of the relevant marketplace. Therefore, Stop Loss order cannot guarantee the limit of loss.
The User acknowledges and accepts that, regardless of any information which may be offered by Sage FX, the value of Instruments may fluctuate downwards or upwards and it is even possible that the investment may become of no value. This is owed to the margining system applicable to such trades, which generally involves a comparatively modest deposit or margin in terms of the overall contract value so that a relatively small movement in the underlying market can have a disproportionately dramatic effect on the Customer’s trade. If the underlying market movement is in the User’s favor, the User may achieve a good profit, but an equally small adverse market movement can not only quickly result in the loss of the Users’ entire deposit but may also expose the User to a large additional loss.
- Some of the underlying assets may not become immediately liquid as a result of reduced demand for the underlying asset and the User may not be able to obtain the information on the value of these, or the extent of the associated risks.
- Transactions in futures involve the obligation to make or to take, delivery of the underlying asset of the contract at a future date, or in some cases to settle the position with cash. They carry a high degree of risk. The gearing or leverage often obtainable in futures trading means that a small deposit or down payment can lead to large losses as well as gains. It also means that a relatively small movement can lead to a proportionately much larger movement in the value of an investment, and this can work against the User as well as for him. Futures transactions have a contingent liability, and the User should be aware of the implications of this, in particular the margining requirements, which are set out below.
- Sage FX does not offer binary trading options.
OFF-EXCHANGE TRANSACTIONS IN DERIVATIVES
- Forex and precious metals are off-exchange transactions. While some off-exchange markets are highly liquid, transactions in off-exchange or non-transferable derivatives may involve greater risk than investing in on-exchange derivatives because there is no exchange market on which to close out an Open Position. It may be impossible to liquidate an existing position, to assess the value of the position arising from an off-exchange transaction or to assess the exposure to risk. Bid prices and Ask prices need not be quoted, and, even where they are, they will be established by dealers in these instruments and consequently, it may be difficult to establish what is a fair price.
- Foreign markets involve various risks. On request, Sage FX must provide an explanation of the relevant risks and protections (if any) which will operate in any foreign markets, including the extent to which it will accept liability for any default of a foreign firm through whom it deals. The potential for profit or loss from transactions on foreign markets or in foreign denominated contracts will be affected by fluctuations in foreign exchange rates.
CONTINGENT LIABILITY INVESTMENT TRANSACTIONS
- Contingent liability investment transactions, which are margined, require the User to make a series of payments against the purchase price, instead of paying the whole purchase price immediately. The Margin requirement will depend on the underlying asset of the instrument. Margin requirements can be fixed or calculated from the current price of the underlying instrument, it can be found on the Sage FX website.
If Users trade forex, they may sustain a total loss of the funds they deposited to open and maintain a position. If the market moves against them, they may be called upon to pay substantial additional funds at short notice to maintain the position. If the Users fail to do so within the required time frame, their position may be liquidated at a loss and the Users will be held responsible for the resulting deficit. It is noted that Sage FX will not have a duty to notify the User for any Margin Call to sustain a loss-making position.
Even if a transaction is not margined, it may still carry an obligation to make further payments in certain circumstances over and above any amount paid when the User entered the contract.
Contingent liability investment transactions that are not traded on or under the rules of a recognised or designated investment exchange may expose the User to substantially greater risks.
- If the User deposits collateral as security with Sage FX, the way in which it will be treated will vary according to the type of transaction and where it is traded. There could be significant differences in the treatment of the collateral depending on whether he or she is trading on a recognised or designated investment exchange, with the rules of that exchange (and the associated clearing house) applying or trading off-exchange.
- Deposited collateral may lose its identity as the user’s property once dealings on his or her behalf are undertaken. Even if the Users’ dealings should ultimately prove profitable, they may not get back the same assets that they deposited and may have to accept payment in cash. The User should ascertain from his firm how the collateral will be dealt with.
COMMISSIONS AND TAXES
- Before every User begins to trade, they should make themselves aware of all commissions and other charges for which they will be liable. If any charges are not expressed in monetary terms (but, for example, as a percentage of contract value), they should ensure that they understand the true monetary value of the charges.
- There is a risk that the Users’ trades in any Financial Instruments, including derivative instruments, may become subject to tax and/or any other duty, i.e. because of changes in legislation or his personal circumstances. Sage FX does not warrant that no tax and/or any other stamp duty will be payable. The User is responsible for any taxes and/or any other duty which may accrue in respect of his trades.
SUSPENSIONS OF TRADING
- Under certain trading conditions, it may be difficult or impossible to liquidate a position. This may occur, for example, at times of rapid price movement if the price rises or falls in one trading session to such an extent that under the rules of the relevant exchange trading is suspended or restricted. Placing a Stop Loss will not necessarily limit losses to the intended amounts, because market conditions may make it impossible to execute such an Order at the stipulated price. In addition, under certain market conditions, the execution of a Stop Loss Order may be worse than its stipulated price and the realized losses can be larger than expected.
CLEARING HOUSE PROTECTIONS
- On many exchanges, the performance of a transaction by a Users’ firm (or a third party with whom it is dealing on his behalf) is guaranteed by the exchange or clearinghouse. However, this guarantee is unlikely in most circumstances to cover him, the User, and may not protect him if his firm or another party defaults on its obligations to him. On request, Sage FX must explain any protection provided to him under the clearing guarantee applicable to any on-exchange derivatives in which he is dealing.
- Sage FX’s insolvency or default, may lead to positions being liquidated or closed out without the Users’ consent. In certain circumstances, they may not get back the actual assets that they lodged as collateral and they may have to accept any available payments in cash or by any other method deemed to be appropriate.
- Segregated Funds will be subject to the protections conferred by Applicable Regulations.
- Non-segregated Funds will not be subject to the protections conferred by Applicable Regulations. Non-segregated Funds will not be segregated from Sage FX’s money and will be used in the course of Sage FX’s business, and in the event of Sage FX’s insolvency, you will rank as a general creditor.
This notice is provided to the User in accordance with applicable legislation.
- Sage FX may pass money received from the User to a third party (e.g. a bank, a market, intermediate broker, OTC counterparty or clearinghouse) to hold or control in order to effect a Transaction through or with that person or to satisfy the User’s obligation to provide collateral (e.g. initial margin requirement) in respect of a Transaction. Sage FX has no responsibility for any acts or omissions of any third party to whom it will pass money received from the User.
- The third party to whom Sage FX will pass money may hold it in an omnibus account and it may not be possible to separate it from the User’s money, or the third party’s money. In the event of the insolvency or any other analogous proceedings in relation to that third party, Sage FX may only have an unsecured claim against the third party on behalf of the User, and the User will be exposed to the risk that the money received by Sage FX from the third party is insufficient to satisfy the claims of the User with claims in respect of the relevant account. Sage FX does not accept any liability or responsibility for any resulting losses.
- Sage FX may hold the Users’ money on the Users’ behalf outside the EEA. The legal and regulatory regime applying to any such Credit Institution will be different from that of the Republic Marshall Islands and in the event of insolvency or any other analogous proceedings in relation to that Credit institution. Sage FX will not be liable for the insolvency, acts, or omissions of any third party referred to in this paragraph.
- Sage FX may deposit Users’ money with a depository that may have a security interest, lien or right of set-off in relation to that money.
- A Bank or Broker through whom the Company deals with could have interests contrary to the User’s Interests.