Online Trading Terms and Conditions
Comprises the preamble, definitions & provisions as follows:
Introduction : BH Mubasher Financial Services offers negotiation services which enables the customers to inquire about transactions and rates of Dubai Financial Market & Abu Dhabi securities Market , negotiations for sale & purchase in Dubai Financial Market & Abu Dhabi Securities Market Therefore , please read the terms & conditions carefully , as they are binding for both parties .
Definitions: The words and phrases mentioned below carry the same meanings mentioned in front of each unless otherwise construed as per the context.
The Company: means BH Mubasher Financial Services Est. or any of the branches
The customer : Any natural person or corporate body concluded this contract with BH Mubasher Financial Services. For this service, by filling the application forms specified for the service mentioned before, and acceptance of the terms & conditions herein with the company’s approval.
The account: The account in the name of the customer for his service supply.
Personal Computer (PC): Computer used by the customer.
This service is a system used by the brokerage
Company so as to enable the client to enter the orders relating to the direct purchase or sale of securities via the “internet” as soon as the system receives the order. It will start checking the possibility of the performance thereof and passing it automatically to the e-dealing system applicable in the market, The system allows access to all transactions and cash account and shares for the client for different periods.
General Provisions : Whereas ،” the service “ is proffered through PC & Telecoms owned by the customer “ Internet “ – and the two parties are desirous to regulate the system of service – it has been agreed from both parties on the following terms & conditions :
Article 1: The preamble is deemed to be an integral part of the contract and read with it.
Article 2: The customer’s approval on this agreement clarifies his full knowledge of securities trading field.
Article 3: Usage of the “service” by the customer secures that the customer assumes all the articles specified in this contract.
Article 4: the customer shall solely assume all risks caused from the service – the contract subject – unless that is resulting from company’s omission.
Article 5: The Company undertakes to supply the “service “for the customer who shall be responsible to provide and maintain the items and expenses & charges for operation. The company shall not be liable for any defects in programming used by the customer or in case the customer uses any additional device or programs causing hazards for the safety and efficiency of the “service “– or any virus in the PC of the customer which reveals the important personal data of the customer which shall be borne by the customer.
The client shall have access to detailed information about the “service” and on a regular basis and follow those instructions carefully, through the company website.
Article 7: The company has the right to stop the “service “from the customer at any time and for any duration without prior notice or stating the reason.
Article 8 : In case the customer discovers any wrong operation registered in his account through the service ، then the customer should inform the “ company “ within 24 hours ( through normal media ) provided ، he should avail the “company “ with his name , account No. & No. of ref. The company verifies the matter whether the error is from the customer’s side or not. The company informs the customer of the result at the earliest.
Article 9: The company supplies the customer with the user’s name and the password at the 1st access to the service by email, The “Customer is obligated to change the password before using the services .and the user assumes his full responsibility to protect the user’s name and password and any other information provided by the company as per his declaration in this agreement. “The customer “assumes to keep safe the user’s name and the password without leakage and take necessary precautions when using the service in some other computer. The customer absolves the company of any damages arising from non-compliance or misusage.
Article 10. The customer makes all precautions for prevent fraudulent usage for the user’s code & the password.
Article 11. The “customer” fully understands that the user code and the password identify the customer. Therefore، any operations through the user code & the password are deemed to be executed by the customer. The company considers the user to the customer who is solely responsible for all operations and orders in his accounts executed through the service using his identification and deemed to be explicitly approval of operations & orders.
If the customer doubt that someone manipulating its accounts through service or that the user name& password has been vulnerable to detection by another team,
abide by the customer to inform the company as soon as possible in writing to notify the Co about the incident. Client remain responsible on all transactions resulted from using his user name & password till end of day of company receiving the notification.
Article 13: The Company shall have the right to reject any application for supplying the service at its discretion.
Article 14: The customer authorizes the company to act according to his instructions through the service.
Article 15: The customer undertakes that all transactions made through the service mentioned are subject to restrictions by the company without prejudice for the terms & conditions, and the company reserves the right to revoke any operation, and make any settlements required in the account / accounts affected.
Article 16 : The registers , records , documents & other documents of the company related to the transactions are deemed to be reliable conclusiveness in settlement of disputes concerning the figures , transactions , details , expenses & charges , documents , instructions or any other disputes arising between the company and the customer .
Article 17: Company provides e-trade software to the client free of charge, knowingly that the client could subscribe in “Mubasher Pro” application for real time quotes and trading which costs AED 150 every three months, to be deducted from the client’s account upon getting the service. In case of any fees amendment, client shall be notified.
Article 18: The company is not liable for any damage, loss, costs or charges whatsoever, incurred by the customer as a result of violation of terms & conditions.
Article 19: The customer admits he has been notified by the company about the restrictions of technology at present, on using the service. The provision of service depends on applications & restrictions of technology, the company is not liable for failure for using the service for any reason by the customer.
Article 20: The customer hereby, declares and admits that he shall have no right related to any programs or codes of computer programming or specifications or technology or information provided by the company to the customer, moreover, the customer shall have no right for intellectual property or right of publication for the above mentioned.
Article 21: The customer undertakes he shall not copy or amend the programs or pages or documents provided by the company or any transfer any programs to another computer.
Article 22: Both the customer and the company may cancel subscribing in the service and the customer can do that against written application. The company can cancel the customer’s subscription at any time by notice without any liabilities towards the company.
Article 23: The Company is not liable for any faults or damage resulting from delay or non-availability of instructions comprising:
- Non-availability of sufficient balance to execute instructions
- Non-availability of sufficient instructions for executing the process
- Non-compliance of instructions mentioned or no clarity for customer information.
- Delay or technical failure in the company or related other sources not resulting from omission or piracy.
Article 24: The customer perceives that the entered feeding to the system may not be processed instantly – any delay should be incurred by the customer.
Article 25: The customer agrees that delay in processing should not be borne by the agent due to rapid change in rates.
Article 26 : The company and its staff are not responsible in all cases , other than omission , for any direct or indirect damage or force majeure causing losses due to failure in telecom , performance , technical errors , breakdown , delay in processing or virus .
Article 27: These terms & conditions are subject to related terms & conditions and agreements already concluded by the customer or may be concluded by him later on.
Article 28: Entering the user code and the password are deemed to full approval of the terms & conditions above.
Article 29: The company shall have the right to change the terms & conditions after written / electronic / verbal notice – the amendment is deemed to be valid unless the company receives written objection from the customer within seven days from the date of notice to the customer. The company shall have the right to change the programming used in the service without informing the customer.
Article 30: The company is hereby, authorized by the customer to accept and act according to electronic instructions available in the service, as well as to deduct or to add in the accounts / the accounts of transactions made through the service.
Article 31: The customer undertakes his knowledge of all the laws and the instructions of Securities & Commodities Authority in the country, Dubai & sale & purchase orders and amendments, and other laws and instructions regulating the dealing operations in stock exchange. The customer undertakes to bear the responsibility and the offenses resulting from non-compliance with the laws & instructions.
Article 32: This agreement & all documents attached are construed and governed by local laws & federal laws within effect in the country. Both parties duly agree on the jurisdiction of Dubai courts in case of disputes or claims or legal procedures arising or related to this agreement
Article 33: All fees and relevant costs referred to in the Agreement are subject to a Value Added Tax (VAT). The VAT percentage and its implications are governed by the Gulf Cooperation Council (GCC) common VAT agreement executed on 27/11/2016 and the UAE Federal Decree-Law No. 8 of 2017 on Value Added Tax and the Executive Regulations issued thereto.