Risk Disclaimer
1 TRADING
1.1 Authorization to Trade
1. By applying to open an account with Novus Markets, the Customer agrees to be bound by the Terms and Conditions of this Agreement, and by doing so, acknowledges and accepts the following terms
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2. Novus Markets reserves the right to maintain one or more accounts in the Customer’s name and to engage in transactions on behalf of the Customer in accordance with oral, written, or electronic instructions from the Customer or its authorized representatives (“Representatives”).
3. The Customer assumes responsibility for any unauthorized instructions administered by their Representatives and agrees to indemnify and hold Novus Markets harmless from any claims, losses, or expenses arising from reliance on such instructions, except in cases of gross negligence or willful misconduct by Novus Markets.
4. Unless otherwise specified in writing, all transactions between Novus Markets and the Customer shall be governed by the terms of this Agreement, as amended periodically, including but not limited to Novus Markets’ Risk Disclosures and Trading Policies.
2 ACCOUNTS
2.1 Account Approvals and Maintenance
1. Novus Markets reserves the right to reject or close the Customer’s account at its sole discretion and may require additional information or documentation to maintain the account.
2. Novus Markets may, at any time, restrict trading, disbursements, or transfers at its sole discretion and may amend this Agreement, with the latest version available on Novus Markets’ website: novusmarkets.com. No verbal or unauthorized amendments by the Customer are valid without written consent from Novus Markets’ General Counsel.
3. Restricted Territories: Novus Markets reserves the right to restrict or block access to all or parts of its services in certain jurisdictions. Customers residing in Afghanistan, Russia, North Korea, and other listed territories may face restrictions. The Customer agrees Novus Markets is not liable if the Customer’s location becomes restricted.
4. The Customer acknowledges that accounts are segregated in Novus Markets’ records only and that funds are not FDIC-insured, being deposited with a liquidity provider at Novus Markets’ discretion.
2.2 Joint Account Owners
1. In cases of joint accounts, all holders agree to joint and full liability for obligations under this Agreement.
2. If the account is held in trust, joint ownership, or partnership, account holders agree to indemnify Novus Markets for losses arising from breaches of fiduciary duty.
3. Any joint owner has the authority to manage transactions, deposits, and withdrawals on behalf of the account and is liable for actions taken.
4. Upon death or legal incapacity of any joint holder, Novus Markets reserves the right to take actions deemed necessary to protect against liability.
5. The Customer agrees to notify Novus Markets immediately in cases of death or legal incapacity of any joint owner.
2.3 Margins and Deposit Requirements
1. The Customer agrees to provide and maintain margin amounts as required by Novus Markets.
2. Novus Markets may require immediate wire transfer for additional margin deposits and may set margin requirements without prior notice, closing positions as necessary to maintain account protection.
3. Novus Markets will not be responsible for any loss resulting from order delays due to technical failures or other disruptions.
2.4 Rollovers
1. Novus Markets, at its discretion, may offset, rollover, or settle the Customer’s positions without prior notice.
2. Novus Markets’ terms and methods for rolling over or settling positions may vary on a customer-by-customer basis.
2.5 Settlement Date Offset Instructions
1. The Customer must provide offset instructions at least one to three business days before settlement or ensure sufficient funds and documentation are available.
2. If no instructions, funds, or documents are received, Novus Markets may offset or rollover the position as deemed appropriate.
2.6 Liquidation of Accounts
In cases such as death, legal incapacity, insolvency, or insufficient margin, Novus Markets may liquidate any or all Customer positions and cancel outstanding orders.
2. Such actions may be taken without prior notice to the Customer or their representatives.
2.7 Managed Accounts
For managed accounts, Novus Markets is not responsible for the actions of Money Managers and will not review the appropriateness of their actions.
3 Customer Representations
3.1 General Representations and Warranties
1. The Customer warrants they are of legal age and sound mind.
2. If the Customer is an entity, it is duly organized and validly existing under applicable laws.
3. This Agreement and related transactions have been authorized by the Customer and do not violate any laws or regulations.
4. The Customer agrees that no other person holds interest in their account, and they are suitable for over-the-counter trading.
3.2 Disclosure of Financial Information
1. The Customer warrants that all financial information provided to Novus Markets is accurate and agrees to notify Novus Markets of any material changes.
2. The Customer has carefully considered their risk capital and acknowledges that trading involves potential losses that will not impact their lifestyle if lost.
4 Order Management
4.1 Cancellation and Modification Requests
1. The Customer understands that it may not be possible to cancel or modify an order once placed.
5 Communications
1. Novus Markets will communicate with the Customer through electronic means, including online account access and email notifications.
6 Third Parties
6.1 No Separate Agreements
1. The Customer must notify Novus Markets’ Compliance Department of any external agreements or representations that differ from this Agreement.
7 Compliance
7.1 Anti-Money Laundering Procedures
1. Novus Markets may conduct verification checks and require the Customer to provide documentation in compliance with anti-money laundering standards.
7.4 Security and Confidentiality
1. The Customer is responsible for the confidentiality of their account details and agrees to notify Novus Markets of any unauthorized access.
8 Miscellaneous
8.1 Binding Effect
1. This Agreement covers all Customer accounts with Novus Markets and benefits its successors and assigns.
8.2 Termination
1. Either party may terminate this Agreement, but all obligations arising before termination remain in effect.
8.7 Governing Law and Jurisdiction
1. This Agreement shall be governed by the laws of the Commonwealth of Dominica, excluding conflicts of law principles.
9 Risk Disclosure Statement
9.1 General
1. Trading with leverage in a margined account involves high risks, including potential losses exceeding the account’s total value. Customers are advised to consider their financial situation carefully before trading.