e. quoting prices to the market in the investment, a related investment or asset underlying the Investment;f. advising and providing other services to Affiliates or other customers who may have interests in Investments or underlying assets which conflict with your own.
You accept that we and our Affiliates may have interests which conflict with your interests and may owe duties which conflict with duties which would otherwise be owed to you, and consent to our acting in any manner which we consider appropriate in such cases subject to Applicable Regulations.No liability to disclose or account We will comply with the Applicable Regulations binding on us, but we shall be under no further duty to disclose any interest to you, including any benefit, profit, commission or other remuneration made or received by reason of any Transaction or any Matching Transaction.
b. disclose information to organizations involved in fraud prevention; and
c. obtain information from and disclose information to any financial authority or government authority (as required by law) or other broker-dealers or investment managers which deal in or manage investments for you concerning any payment or security default or concerning any investment which is related to or connected with Margined Transactions which you seek to open with us.Any limits for your Account (including any credit limits) will be set and varied from time to time with regard to your credit status and, where applicable, the amount of funds deposited by you with us which may, in its sole discretion apply a limit to:
a. the size of any Transaction or series of Transactions that you may enter into; and
b. the amount of any loss or liability to which you may be exposed.
Account limits do not limit or represent your liability for losses to KTMNZ and the funds you may have from time to time on deposit with us as Margin or otherwise do not represent any limit upon your financial liability to us.
Your account will be held in United States Dollars (USD) or any other currency which we agreed on in writing. Funds sent to be deposited into your Account in a currency other than the base currency of the Account, may be converted to that base currency at the prevailing conversion rate as designated by us unless alternative instructions from you are accepted by us. If any interest costs, commission, and other charges to be debited to your Account are in a currency other than the base currency they may be converted to that base currency at the prevailing conversion rate as designated by us.
All payments from your Account will be made on your request in the base currency of that Account unless another currency is agreed in advance between you and us and may be made in the form of a wire transfer or any other means we approve. We shall not be obliged to make any payment to you unless your cash balance remaining after making the payment would be sufficient to cover your Margin and any unrealized losses in relation to your open Margined Transactions.
No instructions to pay a third party from your Account will be accepted by us unless otherwise agreed in writing by us. In the event the applicable paying agent declines to transfer funds from you to us for any reason then we may treat any Margined Transaction placed or entered into in reliance upon receipt of the funds as void and of no further effect and we shall be entitled to recover any losses arising from any such Margined Transaction from you.
Your Cash Balance
Your cash balance will be credited from time to time with the amount of each payment of Margin and any other payment received by us from you pursuant to these Terms of Business; and will be debited by the amount of each payment made by us to you at the your request and realized losses payable.
You hereby indemnify and hold us harmless against any costs or expenses (including all legal costs) which we may incur, either before or after the commencement of any legal action, to recover the requisite payment as a result of your failure to make payment within the stipulated period. We may convert money standing to your credit on your Account or paid by you to us or due to be paid by us from one currency to another at prevailing market rates available to us (after accounting for commissions or charges).
We accept deposits from you by an approved credit card or ewallet or bank wire transfer. No cash will be accepted. Payments may be denominated in United State Dollar (USD) or any other currency agreed in advance with us. Withdrawals from your account can only be processed by ewallet or bank wire transfer unless otherwise agreed to by us in writing.
When you make a deposit on the trading account for investment purpose KTMNZ may transfer part or the whole amount received by you to one or more of its wholesale liquidity providers in order to execute and settle the orders that you will pass through the trading platform to entering into Transactions. In case of either default or insolvency or bankruptcy of one or more of our liquidity providers KTMNZ shall not be liable for the loss of the Client and the Client shall hold KTMNZ, its Affiliates and any of their directors, officers, employees, agents and parent companies harmless from and against any and all liabilities, losses, damages, costs and expenses, including legal fees incurred in connection with the provision of the services under these Terms of Business to you.
KEY TO MARKETS (UK) Limited supports KEY TO MARKETS NZ Limited for processing Skrill and Neteller payments.
You agree to make payments due to us under these Terms of Business in accordance with the following terms:
- all electronic or telegraphic transfer or other bank fees in respect of payment by you shall be your sole responsibility;
- if any payment is not received by us on the due date for payment then, without limitation of any other rights which we may have, we will be entitled to charge interest on the overdue amount (both before and after judgment) at the interest rate from the date payment was due until the actual date of payment;
- if you make a payment by an approved credit card and then request that payment to be returned to the approved credit card, please note that we reserve the right to charge an administration fee (details of which are available on the Website or can be notified to you from time to time);
- you shall pay to us on demand in a full indemnity basis all costs, charges, and expenses incurred by us in relation to any overdue payment (including any referral fees);
- any payment made to us will only be deemed to have been received when we receive cleared funds; and
- it is your responsibility to ensure that payments made to us are correctly designated in all respects.
If the statement of your Account shows a credit balance, you may request us to send you a wire transfer in respect of such amount. However, we may at our discretion elect to withhold (or if applicable, deduct) any payment requested (in whole or in part) due to you if:
open Margined Transactions on the Account show notional losses;
we reasonably consider that funds may be required to meet any current or future margin requirement on open Margined Transactions due to underlying market conditions;
you have any contingent liability to us or to any of our Affiliates in respect of any other account you have opened with them; and/or
we reasonably determine that there is an unresolved dispute between us in connection with these Terms of Business or any related contract.
Before accepting any Order, you must record your investment knowledge and experience in the Account opening forms. On the basis of this information and in accordance with the Applicable Rules we will assess whether opening an Account is appropriate for you. We will not be able to take your borrowings or leverage into account in assessing your investment risk appetite or capacity. You should be aware that leverage may dramatically increase the risk of investments, particularly where large positions can be taken in reliance on a small amount of initial Margin, as is common when dealing in Margined Transactions. Where you are classified as a Wholesale Client we will make certain assumptions about the appropriateness of the service provided and we are entitled to assume that you have the requisite knowledge and experience in the relevant investment field. If you do not consider this to be the case, you must make us aware of this prior to the provision of the service and provide us with any available information as to the level of your knowledge and experience. It is your responsibility to inform us in writing of any information which might reasonably indicate that this assessment should be changed.
Representations and Undertakings
You represent and warrant to us on the date these Terms of Business come into effect and as of the date of each Transaction that:
a. [For individuals] you are of sound mind, legal age and legal competence;
b. regardless of any subsequent determination to the contrary, you are suitable to trade Margined Transactions and that you are aware of the risks involved with such transactions;
c. you have all necessary authority, powers, consents, licenses and authorizations and have taken all necessary action to enable you lawfully to enter into and perform these Terms of Business and such Transaction and to grant the security interests and powers referred to in these Terms of Business;
d. any change to the details supplied on your Account opening forms must be immediately notified to us in writing;
e. the persons entering into these Terms of Business and each Transaction on your behalf have been duly authorized to do so;
f. these Terms of Business, each Transaction and the obligations created under them both are binding upon you and enforceable against you in accordance with their terms (subject to applicable principles of equity) and do not and will not violate the terms of any Applicable Regulations, Order, charge or agreement by which you are bound;
g. unless you have informed us otherwise you act as principal and sole beneficial owner (but not as trustee) in entering into these Terms of Business and each Transaction;
h. any information which you provide or have provided to us in respect of your financial position or other matters is accurate and not misleading in any material respect;
i. you are willing and financially able to sustain a total loss of funds resulting from Transactions;
j. you have understood that when you make a deposit on the trading account for investment purpose KTMNZ may transfer part or the whole amount received by you to one or more of its wholesale liquidity providers in order to execute and settle the orders that you will pass through the trading platform to entering into Transactions. In case of either default or insolvency or bankruptcy of one or more of our liquidity providers KTMNZ shall not be liable for the loss of the Client and the Client shall hold KTMNZ, its Affiliates and any of their directors, officers, employees, agents and parent companies harmless from and against any and all liabilities, losses, damages, costs and expenses, including legal fees incurred in connection with the provision of the services under these Terms of Business to you.
k. you have consistent and uninterrupted access to internet service and the email address provided on your Account opening forms;
l. except as otherwise agreed by us, you are the sole beneficial owner of all Margin you transfer under these Terms of Business, free and clear of any security interest whatsoever other than a lien routinely imposed on all securities in a clearing system in which such securities may be held; and
m. if you are not a resident in New Zealand, you are solely responsible for ascertaining whether any Transaction entered into under these Terms of Business is lawful under applicable laws of the jurisdiction of your residence.
Events of Default
If at any time:
a. you fail to comply fully and immediately with any obligation to make any payment when due under these Terms of Business or to make or take delivery of any property when due under these Terms of Business;
b. we have reasonable grounds to believe that you are in breach of any material provision of these Terms of Business;
c. we consider it necessary or desirable for our own protection or any action is taken or event occurs which we consider might have a material adverse effect upon your ability to perform any of your obligations under these Terms of Business;
d. we consider it necessary or desirable to prevent what is considered to be or might be a violation of any laws, Applicable Regulations, or good standard of market practice;
e. you die, become of unsound mind, are unable to pay your debts as they fall due or are bankrupt or insolvent, as defined under any bankruptcy or insolvency law applicable to you, or any indebtedness of yours is not paid on the due date therefore or becomes capable at any time of being declared due and payable under agreements or instruments evidencing such indebtedness before it would otherwise have been due and payable, or any suit, action or other proceedings relating to these Terms of Business; “proceedings” are commenced for any execution, any attachment or garnishment, or distress against, or an encumbrancer takes possession of, the whole or any part of your property, undertaking or assets (tangible and intangible);
f. you commence a voluntary case or other procedure seeking or proposing liquidation, reorganization, an arrangement or composition, a freeze or moratorium, or other similar relief with respect to you or your debts under any bankruptcy, insolvency, regulatory, supervisory or similar law (including any corporate or other law with potential application to you, if insolvent), or seeking the appointment of a trustee, receiver, liquidator, conservator, administrator, insolvency office or other similar official (each an insolvency officer) of you or any substantial part of your assets, or if you take any corporate action to authorize any of the foregoing;
g. an involuntary case or other procedure is commenced against you seeking or proposing liquidation, reorganization, an arrangement or composition, a freeze or moratorium, or other similar relief with respect to you or your debts under any bankruptcy, insolvency, regulatory, supervisory or similar law (including any corporate or other law with potential application to you, if insolvent) or seeking the appointment of an Insolvency Officer of you or any substantial part of your assets;
h. you or any credit support provider (or any insolvency officer acting on behalf of either of you) disaffirm, disclaim or repudiate any obligation under these Terms of Business or any guarantee, hypothecation agreement, margin or security agreement or document, or any other document containing an obligation of a third party, or of you, in favor of us supporting any of your obligations under these Terms of Business (individually a “credit support document”);
i. any representation or warranty made or given or deemed made or given by you under these Terms of Business or any credit support document proves to have been untrue, false or misleading in any material respect as at the time it was made or given or deemed made or given;
j. any credit support provider fails to comply with or perform any agreement or obligation to be complied with or performed by you or it in accordance with the applicable credit support document;
k. any credit support document expires or ceases to be in full force and effect prior to the satisfaction of all your obligations under these Terms of Business, unless otherwise agreed in writing by us;
l. any representation or warranty made or given or deemed made or given by any credit support provider pursuant to any credit support document proves to have been false or misleading in any material respect as at the time it was made or given or deemed made or given;
m. any event referred to in paragraphs (d) to (g) or (j) of this clause occurs in respect of any credit support provider; or
n. you are dissolved, or, if your capacity or existence is dependent upon a record in a formal register, the registration is removed or ends, or any procedures are commenced seeking or proposing your dissolution, removal from such a register, or the ending of such a registration;
o. where you or your Credit Support Provider is a partnership, any of the events referred to in paragraphs (d) to (g) or (j) of sub-clause 1 of this clause occurs in respect of one or more of your or its partners;
p. an Event of Default (however described) occurs in relation to you under any other agreement between us; then we may exercise our rights under these Terms of Business; upon occurrence of an Event of Default we may by notice specify a date for the termination of any outstanding Transactions entered into between us except that the occurrence of an Event of Default under subparagraphs (d) to (g) or (j) of this clause shall result in the automatic termination of any outstanding Transaction; neither of us shall be obliged to make any further payments or deliveries under any Transactions which would but for this clause, have fallen due for performance on or after the termination of any outstanding Transactions;
then we shall be entitled without prior notice to you:
a. instead of returning to you investments equivalent to those credited to your Account, to pay to you the fair market value of such investments at the time we exercise such right;
b. to sell your investments in our possession or in the possession of any nominee or third party appointed under or pursuant to these Terms of Business, in each case as we may in our absolute discretion select or and upon such terms as we may in our absolute discretion think fit (without being responsible for any loss or diminution in price) in order to realize funds sufficient to cover any amount due by you hereunder;
c. to close out, replace or reverse any Transaction, buy, sell, borrow or lend or enter into any other Transaction or take, or refrain from taking, such other action at such time or times and in such manner as, at our sole discretion, we consider necessary or appropriate to cover, reduce or eliminate our loss or liability under or in respect of any of your contracts, positions or commitments;
d.to realize in accordance with this clause or to sub-pledge any securities or other assets of yours held by KTMNZ;
e. to call any guarantee or indemnity provided by or on behalf of you;
f. to exercise our rights of set-off pursuant to this clause;
g. to close any and all of your Accounts; and/or
h. to treat any or all Transactions then outstanding as having been repudiated by you, in which event our obligations under such Transaction or Transactions shall thereupon be cancelled and terminated.
We shall not lose any of our rights under this clause by reason of any delay on our part in the exercise thereof, but in no circumstance shall we be under any obligation under these clauses to exercise any such right or, if we do exercise any such right, to do so at a time or in a manner beneficial to you. We may at our absolute discretion close out Transactions either on a single or collective basis.
Where we exercise our right under this clause to close out a Transaction the closing out shall be effected by us in whole or in part at such time or times and at such price or prices as determined by us at our reasonable discretion. The amounts payable under the Transaction being closed out shall then be immediately due.
Where we exercise our right under this clause to realize any investments or other assets of yours held by us, we shall be entitled to sell those investments or assets at the market price (as determined by us in our reasonable discretion) at the time the sale takes place. We shall have the right to choose the time, place and method of such sale at our discretion. Any costs of sale shall be borne by you.
If any Event of Default specified in this clause occurs, we may by notice in writing to you require settlement of all open Transactions to take place in accordance with this clause on the settlement date which for this purpose shall be the date on which notice is given.
Where settlements of all Transactions are to be made under this clause no further payments shall be made in respect of any open Transaction after the settlement date and each open Transaction shall immediately be settled by your payment of the settlement amount.
We shall be entitled to set-off any obligation to make payment to you against any obligation owed by you to make payment to any Affiliate and any obligation of yours to make payment to us against any obligation of any Affiliate to make payment to you.
Any obligations shall be satisfied by the net settlement (whether by payment, set-off or otherwise) of the amounts due between us with respect to all the outstanding terminated Transactions. With respect to each outstanding terminated Transaction we shall determine its total cost, loss or gain (including, if appropriate, any loss of bargain, cost of funding or other loss or gain as a result of the termination) and any net amount for all the outstanding terminated Transactions determined by us in accordance with the foregoing due either from you to us or from us to you shall be immediately payable upon its calculation. We shall not be obliged to make any payment or delivery scheduled to be made by us under a Transaction or these Terms of Business for as long as an Event of Default has occurred and is continuing.
0.1 You may terminate these Terms of Business immediately by giving written notice to us. We may terminate these Terms of Business with you by giving you a 5 (five) business days’ notice; except that we may terminate these Terms of Business immediately, if you fail to observe or perform any provision of these Terms of Business, or upon the occurrence of any Event of Default, or if you have no open Transactions in your Account at the time when the notice of termination is sent, or if you fail to notify us of any change to the company registered address, business and postal address, director(s) and shareholder(s) and/or beneficial owner(s).
At any time after the termination of these Terms of Business, we may, without notice, close out any of your open Transactions at the end of day closing price. Termination shall be without prejudice to accrued rights and remedies and the existence and enforceability of any open Transaction, which shall continue until close in accordance with these Terms of Business, unless otherwise specified. Upon terminating these Terms of Business, all amounts payable by you to us will become immediately due and payable including (but without limitation):
a. all outstanding fees, charges and commissions;
b. any dealing expenses incurred by terminating these Terms of Business; and
c. any losses and expenses realized in closing out any Transactions or settling or concluding outstanding obligations incurred by us on your behalf.
Internet, connectivity delays, and price feed errors sometimes create a situation where the price displayed on the KTMNZ online facility do not accurately reflect the market rates.
KTMNZ DOES NOT PERMIT THE PRACTICE OF ARBITRAGE ON THE KTMNZ ONLINE FACILITY. TRANSACTIONS THAT RELY ON PRICE LATENCY ARBITRAGE OPPORTUNITIES MAY BE REVOKED, WITHOUT PRIOR NOTICE. KTMNZ RESERVES THE RIGHT TO MAKE THE NECESSARY CORRECTIONS OR ADJUSTMENTS ON THE ACCOUNT INVOLVED, WITHOUT PRIOR NOTICE. ANY DISPUTE ARISING FROM SUCH QUOTING OR EXECUTION ERRORS WILL BE RESOLVED BY KTMNZ IN THEIR SOLE AND ABSOLUTE DISCRETION.
KTMNZ SHALL HAVE NO OBLIGATION TO CONTACT YOU TO ADVICE UPON APPROPRIATE ACTION IN LIGHT OF CHANGES IN MARKET CONDITIONS OR OTHERWISE. YOU AGREE TO INDEMNIFY AND HOLD KTMNZ, ITS AFFILIATES AND ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES, LOSSES, DAMAGES, COSTS AND EXPENSES, INCLUDING LEGAL FEES INCURRED IN CONNECTION WITH THE PROVISION OF THE SERVICES UNDER THESE TERMS OF BUSINESS TO YOU PROVIDED THAT ANY SUCH LIABILITIES, LOSSES, DAMAGES, COSTS AND EXPENSES HAVE NOT ARISEN FOR OUR GROSS NEGLIGENCE, FRAUD OR WILLFUL DEFAULT.
Exclusion, Limitations and Indemnity
Nothing in these Terms of Business shall exclude or restrict any duty or liability owed by us in accordance with any Applicable Regulations (as may be amended or replaced from time to time).
Neither we nor our directors, officers, employees, agents or parent companies shall be liable for any losses, damages, costs or expenses (including direct, indirect, incidental, punitive, or consequential loss, loss of profits, lost data, loss of use of the KTMNZ online facility, business interruption, costs of substitute, services or downtime costs, loss arising from either default or insolvency or bankruptcy of one or more of our suppliers or technology providers or liquidity providers ), whether arising out of negligence, breach of contract, misrepresentation or otherwise, incurred or suffered by you under these Terms of Business (including any Transaction or where we have declined to enter into a proposed Transaction) unless such loss arises directly from our respective gross negligence, willful default or fraud. To the extent permitted by law, we will not be liable for losses suffered by you or any third party for any special damage, or loss of profits or loss of goodwill or reputation or loss of business opportunity arising under or in connection with these Terms of Business, whether arising out of negligence, breach of contract, misrepresentation or otherwise. Nothing in these Terms of Business will limit our liability for death or personal injury resulting from our negligence.
For the avoidance of doubt, in no circumstances shall we be liable to you, or responsible, for any losses or other costs or expenses of any kind arising out of or in connection with the placement of Orders by you, or the execution of Transactions with us.
Without limitation, we do not accept liability for any adverse tax implications of any Transaction whatsoever.
Changes in the market
Without limitation, we do not accept any liability by reason of any delay or change in market conditions before any particular Transaction is affected.
Since KTMNZ does not control signal power, its reception or routing via the internet, configuration of your equipment or reliability of its connection, KTMNZ cannot be responsible for communication failures, distortions or delays when using the KTMNZ online trading platform(s).
We reserve the right to amend the terms and conditions of these Terms of Business from time to time by posting such changes on our Website and in accordance with any Applicable Regulations. You are responsible for regularly reviewing these Terms of Business for any modifications and agree to be bound by the same. You may not amend these Terms of Business unless such amendment is in writing and signed by an authorized officer of KTMNZ. Unless otherwise agreed, an amendment will not affect any outstanding Order or Transaction. If you do not wish to accept any amendment made by us to these Terms of Business you may by notice to us close your open Margined Transactions and your Account in accordance with these Terms of Business.
Rights and remedies
The rights and remedies provided under these Terms of Business are cumulative and not exclusive of those provided by law. We shall be under no obligation to exercise any right or remedy either at all or in a manner or at a time beneficial to you. No failure by us to exercise or delay by us in exercising any of our rights under these Terms of Business (including any Transaction) or otherwise shall operate as a waiver of those or any other rights or remedies. No single or partial exercise of a right or remedy shall prevent further exercise of that right or remedy or the exercise of another right or remedy.
Without prejudice to any other rights to which we may be entitled we may at any time and without notice to you set off any amount (whether actual or contingent, present or future) at any time owing between you and us.
If, at any time, any provision of these Terms of Business 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 these Terms of Business nor the legality, validity or enforceability of such provision under the law of any other jurisdiction shall in any way be affected or impaired.
These Terms of Business, and any references to other agreements herein, together with any schedules attached hereto, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous oral or written communications, proposals, agreement and representations with respect to the subject matter.
We are entitled to waive or relax any of these Terms of Business from time to time without notice to you. No failure or delay in exercising or relaxation by us of these Terms of Business shall operate as a general waiver of the relevant term, condition, right or power and no partial or single exercise of any term, condition, right or power shall preclude any other or further exercise of some or any of our other rights and remedies against you. In particular, and without limitation, where these Terms of Business specify certain limits or parameters to your trading activities or Margin requirements, we shall be entitled from time to time and with or without notice to you to allow you to breach such limits or parameters.
Recording of calls
We may record telephone/voip conversations without use of a warning tone to ensure that the material terms of the Transaction, and any other material information relating to the Transactions is promptly and accurately recorded. Such records will be our sole property and accepted by you as evidence of the Orders or other instructions given.
Subject to Applicable Regulations, any communications between us using electronic signatures shall be binding as if it were in writing. By execution of these Terms of Business you give your consent to the receipt of communications by electronic means which but for your consent must be made using a durable medium under Applicable Regulations. Orders or other instructions given to you by electronic means will constitute evidence of the Orders or instructions given. You hereby consent that Account information and trade confirmations will be made available to you on the KTMNZ Online Facility in lieu of delivery via mail or email. You will be able to access this information using your Access Code. Updated information will be available no more than twenty-four hours after any activity takes place on your account, absent any force majeure event or service interruption. If you no longer wish to communicate in this way, you must revoke this consent in writing. If you do not wish to communicate via electronic means at all, you must inform us of your wishes prior to you signing the signature page of these Terms of Business.
Our records, unless shown to be wrong, will be evidence of your dealings with us in connection with our services. You will not object to the admission of our records as evidence in any legal proceedings because such records are not originals, are not in writing or are documents produced by a computer. You will not rely on us to comply with your record keeping obligations, although records may be made available to you on request at our absolute discretion.
You agree to keep adequate records in accordance with Applicable Regulations to demonstrate the nature of Orders submitted and the time at which such Orders were submitted.
Third party rights
The parties to these Terms of Business do not intend that any provision of these Terms of Business should be enforceable by any person who is not a party to these Terms of Business.
Co-operation for proceedings
If any action or proceeding is brought by or against us in relation to these Terms of Business or arising out of any act or omission by us required or permitted under these Terms of Business, you agree to co-operate with us to the fullest extent possible in the defense or prosecution of such action or proceeding.
Governing law and Jurisdiction
A Transaction which is subject to the Applicable Regulations of a market shall be governed by the law applicable to it under those rules and regulations. Subject thereto, these Terms of Business shall be governed by and construed in accordance with the laws of New Zealand.
The parties agree that the courts of New Zealand shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms of Business or their subject matter or information.
“Key To Savings account”
Promotion terms and conditions
1. THE PROMOTION: This promotion is offered by Key to Markets NZ Limited (“KTMNZ” or the “Company”) in accordance with these Promotion Terms and Conditions (the “Promotion Terms”) to existing and new clients of KTMNZ (“You” or “Your”) (the “Promotion”).
2. BINDING AGREEMENT: You agree that by participating in the Promotion You will be bound by the Promotion Terms as well as the KTMNZ’s terms of business that apply to Your Account (“KTMNZ Terms”). In the event of any conflicts or inconsistency between KTMNZ Terms and these Promotion Terms, KTMNZ Terms shall prevail.
3. ELIGIBILITY: To be eligible to take part in the Promotion You must:
3.1. hold a trading account with KTMNZ (“Account”); and
3.2. be over eighteen years of age or over the age of maturity in Your jurisdiction (if You are an individual); and
3.3. open a “KEY TO SAVINGS ACCOUNT” through the secure client area of the Company’s website; such new account has EUR as base currency; if you transfer to this new account funds held in other currencies then the currency conversion will be executed automatically by the system at the current market rates.
4. DURATION: The promotion starts on the 1st of April 2017.
5. HOW TO PARTICIPATE: You must be a “Qualifying Applicant” matching the eligibility criteria set out in the above Clause 3. There is no minimum deposit necessary to earn interest although You must deposit at least USD100 or EUR 100 (or equivalent in other currency) to open an Account with KTMNZ. The Qualifying Applicant can transfer funds into the KEY TO SAVINGS ACCOUNT from/to his other trading accounts at any time.
6. PAYMENT OF INTEREST:
6.1. Subject to Clause 8.3 and You being a Qualifying Applicant, 0.5% (the “Interest”, or any other amount of interest to be determined by KTMNZ in its sole and absolute discretion, Annual Percentage Rate interest (“APR”) will be paid into the KEY TO SAVINGS ACCOUNT on non-invested margin up to EUR 1,000,000.
6.2. Interest payments may be made to include days in April 2017 prior to the promotion period. The decision to make such payments shall be made in the Company’s sole and absolute discretion.
6.3. Interest on non-invested margin is paid monthly, usually at the end of each calendar month. The credit typically arrives within seven business days of the calendar month’s end.
6.4. The Interest is paid out on Your average usable margin for the month. Each day at approximately rollover time (i.e. 22.00 GMT) a snapshot is taken of the usable margin in Your KEY TO SAVINGS ACCOUNT. Interest is paid on the average usable margin in the Account for the month; paying interest for each day the Account was open and eligible to receive interest. Interest will be calculated on a daily basis, but paid and shown on the Account and on the Statement only after the end of each calendar month.
6.5. The Account must be open and not subject to any dispute or default on the date the interest falls due in the Qualifying Applicant’s Account.
7.1. To the maximum extent permitted by law, You indemnify and agree to keep indemnified KTMNZ at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission by You and/or a breach of any representation and warranty by You set forth herein. To the maximum extent permitted by law, You indemnify and agree to keep indemnified KTMNZ at all times from and against any liability, actions, claims, demands, losses, damages, costs and expenses for or in respect of which KTMNZ will or may become liable by reason of or related or incidental to any act, default or omission by You under these Promotion Terms including without limitation resulting from or in relation to any breach, non-observance, act or omission whether negligent or otherwise, pursuant to these Promotion Terms by You. To the maximum extent permitted by law, You agree to hold KTMNZ, its directors, officers, employees and associates harmless for any injury or damage caused or claimed to be caused by Your participation in the Promotion.
7.2. To the extent permitted by law, your rights to litigate, to seek injunctive relief or to any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with this Promotion are hereby excluded, and You expressly waive any and all such rights.
8. GENERAL CONDITIONS:
8.1. Interest payments are transferable to other KTMNZ Accounts.
8.2. KTMNZ reserves the right to refuse any Qualifying Applicant to participate in this Promotion that is believed to be in breach of the Promotion Terms and/or KTMNZ Terms. In the event that such Qualifying Applicant or a non-Qualifying Applicant (the “Unauthorised Participant”) takes part in the Promotion, KTMNZ reserves the right, without prejudice to any other rights under the Promotion Terms and/or KTMNZ Terms, to immediately withdraw the Promotion from the Account and/or demand the immediate return of the aggregate interest payments which will be deemed a debt lawfully owed by the Unauthorised Participant to KTMNZ.
8.3. KTMNZ reserves the right at its sole discretion to alter, amend, modify, suspend or terminate this Promotion, or any aspect of it, including the Interest rate, without prior notice. In such event KTMNZ will make reasonable efforts to notify You by email.
8.4. If the Promotion cannot be executed as planned, including any problems or technical malfunction beyond the Company’s control, KTMNZ shall incur no liability and the Interest will not be paid.
8.5. All former and current employees, interns and contractors of KTMNZ (the “Staff”), and each of its affiliates, parent companies and subsidiaries and the Staff’s immediate family members and persons with whom such employees are domiciled are prohibited from participating in the Promotion without the Company’s prior written consent.
8.6. Qualifying Applicants are solely responsible for the payment of any and all taxes, including but not limited to federal, state and local taxes that may apply on their Account however arising. KTMNZ shall have the right, but not the obligation, to make any deductions and withholdings that KTMNZ deems necessary or desirable under applicable laws, tax laws, rules, regulations, codes or ordinances.
8.7. If any provision(s) of these Promotion Terms is held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
8.8. Unless the context otherwise requires, references to any gender include all genders and use of the singular includes the plural and vice versa.
9. GOVERNING LAW AND JURISDICTION: These Promotion Terms shall be governed by and construed in accordance with the governing law clause of the KTMNZ Terms and the courts of the chosen jurisdiction therein.
Conditions for our €10 Promotion
€/$10 commission free promotion Terms & Conditions
THE PROMOTION: This promotion is offered by Key to Markets NZ Limited (“KTMNZ” or the “Company”) in accordance with the below Terms and Conditions (the “Promotion Terms”)
BINDING AGREEMENT: You agree that by participating in the Promotion, You will be bound by the these Terms as well as the KTMNZ’s terms of business that apply to Your Account (“KTMNZ Terms”). In the event of any conflicts between KTMNZ Terms and these Promotion Terms, KTMNZ Terms shall prevail.
AMENDMENTS: We reserve the right to amend the terms and conditions of these Terms of Business from time to time by posting such changes on our Website and in accordance with any Applicable Regulations. You are responsible for regularly reviewing these Terms of Business for any modifications and agree to be bound by the same. You may not amend these Terms of Business unless such amendment is in writing and signed by an authorized officer of KTMNZ. Unless otherwise agreed, an amendment will not affect any outstanding Order or Transaction.
ELIGIBILITY: To be eligible to take part in the Promotion You must:
4.1. Be a new KTMNZ client. The Promotion is NOT available to existing clients;
4.2. Be over eighteen years of age
4.3 The Promotion is NOT available for standard accounts, investor accounts, saving accounts and PAMM accounts.
4.4 The promotion is available only once per household or IP address or phone number or Customer.
DURATION: The promotion starts on the 27th of October 2017 and will end on 27th December 2017. KTMNZ may decide to extend this promotion at its own discretion.
HOW TO PARTICIPATE: You must be a “Qualifying Applicant” matching the eligibility criteria set out in the above Clause 4.
In order to open an Account with KTMNZ, a minimum deposit of €/$100 is required.
THE PROMOTION TERMS
7.1 The client will automatically receive €10 or $10 (depending on the MT4 account base currency), once the account is approved.
7.2 The amount of €10 or $10 is credited only as refund of paid commissions and it is not withdrawable.
7.3 The amount of €10 or $10 can be available only once per each Customer.
KTMNZ can be contacted using the details below:
KEY TO MARKETS NZ LIMITED