Customer Onboarding Policy
Last updated: September 7, 2021
This client onboarding form (Form or Agreement) constitutes a legal agreement between you (User) and Raseed Invest Limited (Raseed, or Company) having Commercial License No.: CL4326 with Dubai International Finance Centre (DIFC), and registered office at 217, Level 1, Gate Avenue – South Zone, DIFC, Dubai, United Arab Emirates.
The words we, us, our or any of their derivatives refer to Raseed, including its successors and any novatee, assignee, transferee or purchaser of Raseed’s rights and/or obligations hereunder, as the case may be. Any reference to Raseed includes a reference to Raseed’s successor, novatee, assignee, transferee or purchaser.
The words you, your, yours or any of their derivatives refer to the person who opened the Account and/or using our Services and shall include, as the context may require, personal representatives (as the case may be).
This Agreement shall be considered executed on the earlier of: (i) when you electronically accept or acknowledge this Agreement; (ii) when you sign up for an Account with us; or (iii) when you use our Services (Effective Date). On such date, you are deemed to have read and accepted this Agreement.
This Agreement shall constitute a ‘Client Agreement’ for the purposes of the DFSA Rules.
The defined terms, words and expressions in this Agreement have meanings given below in paragraph 2 (Definitions).
The relationship between you, and Raseed is governed by this Agreement. This Agreement shall apply to and govern your Account with us and all associated Transactions and Services.
Your use of our Services is subject to you fulfilling the following general criteria, and upon our request, providing us with such information and documents to prove that you fulfil the criteria:
you shall have completed an application or registration form required by us through our Platform;
you have received an acceptance notice from us confirming that you may use and access the Platform, your Account and/or our Services; and
such other criteria as we may determine from time to time.
We are not obliged to open any Account for you or provide you with any Service and provision of any such Services shall be in accordance with this Agreement.
You shall be taken to have accepted the terms laid out in this Agreement upon the Effective Date which will be either on or before you first access and use your Account and/or our Services.
This Agreement shall commence on the Effective Date and continue in full force and effect indefinitely unless and until terminated by you or us in accordance with this Agreement.
The Account which we grant to you also belongs exclusively to you and is not transferable to any other person.
You undertake not to register for more than one Account or register an Account on behalf of any person other than yourself.
The defined terms, words and expressions used in this Agreement have these meaning:
Account: means the account which will be set up on Raseed’s platform and granted to you pursuant to this Agreement;
Access Method: means any User identification, passwords and other security credentials assigned to you and required to access and use the Platform using your Account;
Actual Settled Amount: means, in relation to:
a Conversion – the sum of money that results from the Conversion based on the actual rate of exchange (not being a rate of exchange provided on a real-time basis at the time the Conversion was executed) provided to us by a third-party provider chosen at our discretion; or
a Transaction – the sum of money used for the execution of the Transaction based on the actual price (not being the price(s) of the relevant Investment(s) reflected on a real-time basis at the time the Transaction was executed) of the relevant Investment(s).
Affiliates: has the meaning ascribed to it in paragraph 25 of this Agreement;
Applicable Laws: means all applicable local or foreign laws, rules, acts, regulations, subsidiary legislation notices, notifications, circulars, license conditions, directions, requests, requirements, guidelines, directives, codes, information papers, practice notes, demands, guidance and/or decisions of any national, state or local government, any agency, exchange, regulatory or self-regulatory body, law enforcement body, court, central bank or tax revenue authority or any other authority (including the DFSA) whether in the DIFC or elsewhere, whether having the force of law or not (including any intergovernmental agreement between the governments or regulatory authorities of two or more jurisdictions or otherwise), as may be amended from time to time;
Asset: means all moneys, cash, securities, or other financial instruments or products, and other property of yours held with any one or more of our Intermediaries;
Business Day: means a day, other than a Friday or Saturday or a Public Holiday, on which we may be open for limited hours, and in the context of Instructions and Transactions involving a foreign element, a day, other than a Friday, Saturday or Sunday, when we and the relevant financial markets and institutions in the country concerned are open for business;
Conversion: means the conversion of a sum of money denominated in one currency to any other currency as we may carry out on your behalf under this Agreement and as may be permitted by the Applicable Laws;
Custodians: means brokers/ custodians/ nominees/ exchanges/ clearing houses;
Data Protection: means the DIFC Data Protection Law, DIFC Law No. 5 of 2020, (as amended, modified or supplemented from time to time);
DFSA: means the Dubai Financial Service Authority;
DFSA Rules: means the rules made by the DFSA for carrying out the purposes of the DIFC Regulatory Law contained within the DFSA Rulebook;
Initial Settled Amount: means, in relation to:
a Conversion – the sum of money that results from the Conversion based on the rate of exchange provided to us by a third-party provider on a real-time basis at the time the Conversion was executed; or
a Transaction – the sum of money used for the execution of the Transaction based on the price(s) of the relevant Investment(s) reflected by a third-party provider on a real-time basis at the time the Transaction was
Instructions: means any communication, instruction, order, message data or information received by us through or pursuant to the Platform or otherwise referable to your Access Methods, and any information delivered to us offline by any methods as we may agree;
Intermediary: nominee, agent, broker, custodian, fund manager, market-maker, exchange and/or other third-party;
Investments: means any securities, or other financial instruments or products which you may sell or purchase through your Account;
Personal Data: has the meaning ascribed to it in the DIFC Data Protection Law;
Platform: means the online platform (accessible through our website at raseedinvest.com or through our mobile application) operated by us;
Service: means any service provided by us pursuant to this Agreement;
System: means the hardware, software and telecommunication links or any part thereof used from time to time for the purpose of providing, supporting, accessing and/or otherwise referable to the Platform;
Transactions: means transactions in such Investments as we may facilitate under this Agreement, including the purchase or sale of Investments; and
UAE: means the United Arab
Arranging deals in investments
In accordance with this Agreement, we provide you with the Services of arranging deals in investments in capital markets products listed in US exchanges – including whole or fractional investments. We also provide you the functionality of social trading.
We will not offer Services other than those detailed in this Agreement unless otherwise agreed in writing.
These Services will be provided by us in and from the DIFC.
We will provide you with our Service(s) in accordance with this Agreement. Your Account is held with us. Since your Account is self-directed you are solely responsible for any and all orders placed through your Account and all orders are based on your own investment decisions or the investment decisions of your duly authorized representative or agent. Further, Raseed will onboard you, pursuant to which you will be able to trade through our partner broker-dealer.
REGULATION AND RETAIL CLIENT STATUS
We are regulated by the DFSA to provide certain financial services in and from the DIFC. Our registered office is at 217, Level 1, Gate Avenue – South Zone, DIFC, Dubai, United Arab Emirates.
For the purposes of the DFSA Rules, we have classified you as a Retail Client for all Services we may provide you.
You acknowledge and understand that we round up all holdings of fractional shares to the sixth decimal place, the value of fractional shares to the nearest cent, and any dividends paid on fractional shares to the nearest cent. You further understand that we will not accept dollar-based purchases or sales of less than USD 1.00 and that you will receive proceeds from the sale of any whole or fractional shares rounded to the nearest cent.
You understand that if you enter repeated fractional orders with individual notional values of less than $0.01, your Account may be restricted.
You understand that a vendor employed by us will aggregate any proxy votes for fractional shares with all votes reported to the issuer or issuer’s designated vote tabulator and that, while our vendor will report such proxy votes on fractional shares, the issuer or tabulator may not fully count such votes.
You understand that we will execute all orders that include fractional shares (Fractional Orders) on a principal basis. To the extent that we must purchase or sell shares in the market to fulﬁll any part of your Fractional Order, the fractional component of that order will be fulﬁlled at the execution price received by us for the corresponding whole shares.
To the extent that we fulﬁll your Fractional Order for national exchange-listed securities (NMS Securities) entirely out of its inventory and without purchasing or selling shares in the market (Inventory Fulﬁllment), we will endeavor to price such shares or fractional shares at a price between the National Best Bid and Offer (NBBO) at the time of the order for orders made during market hours, or, for such orders made during extended hours trading, we will endeavor to price such orders between the best bid and offer at the time of the order, as reported by an external vendor (Vendor BBO). For Inventory Fulﬁllment of Fractional Orders for securities not listed on a national exchange (Non-NMS Securities) made during market hours as well as extended hours trading, we will endeavor to price such orders between the Vendor BBO. All non-market orders placed outside market hours and extended hours trading are queued and fulﬁlled either at or near the beginning of extended hours trading or at near market open according to your instructions. All market orders placed outside market hours and extended hours trading are queued and fulﬁlled at or near market open. To the extent that you trade outside of market hours, these trades are subject to our Extended Hours Trading Disclosure.
You understand that we only accept market orders for fractional shares at this time and do not permit limit orders for fractional shares. You understand that fractional shares within your Account (i) are unrecognized, unmarketable, and illiquid outside our Platform, (ii) are not transferrable in-kind, and (iii) may only be liquidated and the proceeds transferred out via a wire transfer.
You acknowledge that, subject to applicable requirements, we may report holdings and Transactions in your Account in terms of either USD, shares, or both.
CONFIRMATIONS AND STATEMENTS
We will send you a monthly statement of your Account holdings, investment valuations, Transactions, fees paid and any other information as required by the DFSA Rules.
It is agreed that you shall not receive information on Transactions executed in respect of the Account on a transaction-by-transaction basis.
We do not control your monies. Your monies are being transferred directly to the brokerage which executes the Transactions instructed by you on the Platform.
BROKERAGE, CUSTODY AND USE OF INTERMEDIARIES
We may use or engage a person (including a nominee, agent, broker, custodian, fund manager, market-maker, exchange and/or other third party) (Intermediary) to, directly or indirectly:
execute or clear Transactions;
purchase and/or manage Investments; and/or
hold or custodise any of your funds or Assets.
Provided that we have selected such Intermediary in good faith, you agree Raseed shall have no liability or responsibility for any act, omission, insolvency, negligence, failure or default of the Intermediary. Our Intermediaries may also appoint further custodians, sub-custodians, trustees, registrars, administrators, nominees and/or agents as may be necessary or expedient to provide the relevant services or Investments to us. You agree that we shall have no liability or responsibility in relation to any actions taken by such persons or these further appointments by our Intermediaries which are beyond our reasonable control.
You further acknowledge and agree that where we sell or purchase Investments on your behalf, we may do so by selling or purchasing from Intermediaries, our other customers and/or such other third parties as we may deem suitable as part of our management of your portfolio.
You shall indemnify Raseed against any and all action which we deem in good faith necessary to ensure that we will not be in default of our obligation or responsibilities under this Agreement. Our foregoing right shall apply even though as between you and us, you may be in actual or anticipatory default. The foregoing indemnity in our favour is in addition to any other right that we may have (whether expressly provided as between us or implied by law).
You agree that neither us nor our Intermediaries shall provide any margin facility to you in respect of the Investments.
Without prejudice to any other provision in this Agreement, you agree that:
Where we arrange custody on your behalf pursuant to this Agreement, your Investments may be held in an omnibus custody account with an entity which is licensed, registered or authorised to act as a custodian (whether a broker/ custodian/ nominee/ exchange/ clearing house or otherwise (Custodian)) in the country or territory where such Investments are held. In such case, you understand that the market practices, insolvency and legal regime relating to custody accounts applicable in the relevant jurisdiction may differ from the regime applicable in the DIFC. Such differences mean that your Investments may not enjoy the same level of protection as accorded to Investments that are held in the DIFC. Depending on the jurisdiction, this may affect your ability to recover the Investments deposited in the custody account;
provided that we have selected or engaged such Custodian in good faith, we shall not be liable to you for any and all loss suffered or incurred by you as a result of any act, omission or insolvency of such Custodian;
your Investments may be treated as fungible with other Investments in the omnibus custody account and therefore, we are not obliged to deliver any specific Investments to you and may instead sell the Investments at your expense and transfer to your Account the proceeds of such sale (if any).
You acknowledge that where your Investments are held with different Intermediaries and/or appointees of our Intermediaries, the manner in which your Investments may be held in different entities may be different.
You are fully aware of the risk relating to Transactions entered into. In particular, you understand that:
Your Investments are not ‘capital protected’ and therefore, you may lose your capital by entering into the Transactions;
Where the Investments are listed outside DIFC, such Investments are subject to the laws and regulations of the jurisdiction they listed and you are aware of the risks involved with investing in such products, including but not limited to differences in regulatory regime and investor protection, differences in legal systems, jurisdiction-specific costs (including tax related costs), exposure to foreign counterparty and correspondent broker risks, and exposure to the political, economic and social developments in the applicable jurisdiction. You acknowledge receipt of the Risk Warning Statement in this Agreement and understand its contents; and
Your payments or receipts under a Transaction will be linked to changes in the particular financial market or markets to which the Transaction is linked, and you will be exposed to price, currency exchange, interest rate or other volatility in that market or markets. You may sustain substantial losses on the Investment if the market conditions move against your positions. It is in your interest to fully understand the impact of market movements, in particular the extent of profit/loss you would be exposed to when there is an upward or downward movement in the relevant rates, and the extent of loss if you have to liquidate a position if market conditions move against you. Your position may be liquidated at a loss, and you will be liable for any resulting deficit in your Account with us.
The fluctuations in foreign currency rates have an impact on the profit/loss and the Investment where the Transaction is denominated or settled in a different currency from the currency where you carry on your ordinary business or keep your accounts.
You agree that you are solely responsible for making your own independent investigation and appraisal of all Investments and your own independent verification of any information provided by us. You shall fully understand and familiarise yourself with all the terms and conditions of each Investment and the risks involved.
You agree and acknowledge that you have made all necessary enquiries and we have informed you of all material features of and risks involved in respect of the Investments including but not limited to information on:
the nature and objective of the Investments;
the key benefits and risks of the Investments;
details of the providers of the Investments;
your key rights with respect to the Investments;
the intended investment horizon of the Investments;
the ease of converting the Investments to cash;
the expected level of your risk tolerance in respect of the Investments;
the commitment required from you in respect of the Investments;
the pricing of the Investments;
the fees and charges to be borne by you in respect of the Investments;
the frequency of reports to be provided to you in respect of the Investments;
any applicable charges or restrictions on withdrawal, surrender or claim procedures of the Investments;
any applicable warnings, exclusions and disclaimers; and
information in relation to where the prospectus in respect of the Investment (if applicable) may be accessed, or if we consider it appropriate, an abridged version of such prospectus.
You expressly acknowledge that you have the appetite to assume all economic consequences and risks of the Investments and to the extent necessary, have consulted your own tax, legal and other advisers.
You also acknowledge that we may have an interest in the subject of the report or recommendation, may be a counterparty to any Investments entered into by you and/or may otherwise benefit from your Investments.
CHARGES AND FEES
The fee payable by you to us for the Service is specified in the Fee Schedule available at Fees Policy. (Fees) as may be amended from time to time. All liabilities, costs, and expenses which we incur under this Agreement will be covered by the Fees.
You shall make all payments due under this Agreement free and clear of, and without deduction, withholding or set-off on account of, any tax or levy or any other charges present and future.
You shall be liable for any goods and services tax, VAT or any other tax of a similar nature chargeable by law on any payment you are required to make to us. If we are required by law to collect and make payment in respect of such tax, you will indemnify us against such payments.
We may deduct your Account with the full amount of any Fees payable by you, or any other monies owed by you to us pursuant to any liability of any nature arising in respect of the Account or otherwise. For this purpose, we may withdraw and collect uninvested cash in your Account and/or sell your Assets and collect the proceeds from such sale.
You represent and warrant that:
If you are an individual, you are the legal and beneficial owner of the Account;
If you are not a natural person and not signing on behalf of a corporate entity.
all information and documents provided to us, including any information provided by you prior to you opening an Account with us, are true, correct and complete and not misleading in any material way;
you have the capacity, power and authority to enter into, exercise your rights and perform and comply with your obligations under this Agreement;
all actions, conditions and things required to be taken, fulfilled and done, in order: (i) to enable you to lawfully enter into, exercise your rights and perform and comply with your obligations under this Agreement, and (ii) to ensure that those obligations are valid, legally binding and enforceable, have been taken, fulfilled and done;
your obligations under this Agreement are valid, binding and enforceable;
you are solvent, able to pay your debts as they fall due and are a going concern or not an undischarged bankrupt;
your entry into, and exercise of your rights and/or performance of, or compliance with your obligations under this Agreement does not and will not (i) violate any agreement to which you or your Affiliates is a party, or which is binding on any of you or your respective assets, or (ii) result in the existence of, or oblige any of you to create, any security over those assets;
you have obtained all consents, licences, approvals or authorisations of, exemptions by or registrations with or declarations by, any governmental or other authority that you require to enter into this Agreement, make use of the Services and to perform your obligations under this Agreement, and these are valid and subsisting and will not be contravened by the execution or performance of this Agreement;
your use of our Services complies with all Applicable Laws; and
you will inform yourself and, if necessary, consult your own professional advisers as to the relevant legal, tax and exchange control regulations in force in the countries of your citizenship, incorporation, residence or domicile.
COMPLIANCE WITH LAW AND TAX IMPLICATIONS
The provision of all Services by us to you, any Account and Transaction and the relationship between us and you shall be subject to all Applicable Laws provided that to the extent permitted by law, a breach of any Applicable Law shall not discharge or release you from any of its obligations under this Agreement to us. The availability of any Service or any terms and conditions applicable thereto (including pursuant to this Agreement) may be varied by us without notice to you for compliance (voluntary or otherwise) with the Applicable Laws.
We do not provide any tax or legal advice to you but may (but are not obliged to) in performing the Services, take into account external legal and tax advice we obtain for this purpose. In providing the Services to you, we may rely on external tax and legal advice but, to the extent permitted by law, accept no responsibility for such advice.
We shall be entitled to rely on and act in accordance with all legislation and any guidelines, codes, or other information applicable to it, including that published by the DFSA to the extent applicable to us and we shall not incur any liability to you as a result of so relying or acting. For the avoidance of doubt, this Agreement shall be construed in accordance with any Applicable Laws.
You agree that nothing in this Agreement shall exempt, limit or exclude us from acting in compliance with any applicable guidelines or any other Applicable Laws in carrying out its obligations under this Agreement. To the extent that any provision of this Agreement is inconsistent with the requirements of any Applicable Laws or other information applicable to us, including that published by the DFSA, the requirements of the relevant Applicable Laws shall prevail over this Agreement.
You acknowledge that we are obliged to carry out “Know Your Client” procedures in accordance with our policies and Applicable Laws.
Accordingly, before we can open an Account for you, provide you with our Services or enter into any Transaction for your Account, you must submit to us (through our website or such other method as we may notify you) all the documents, evidence, and information as we may require to carry out such “Know Your Client” procedures. You undertake to inform us promptly of any change in the information
You agree to provide any information or documents requested by us in relation to any Account, Transaction and Services, including, where desirable or where required for the purposes of complying with any Applicable Law or pursuant to any order, direction, or request by any applicable court, government, or regulatory authority. This includes but is not limited to any applicable anti-money laundering requirements, or any applicable tax disclosure or reporting obligations.
Specifically, and without prejudice to the generality of our rights under paragraph 14.3 of this Agreement, we may (where applicable) share the information you provide to us to the Federal Tax Authority of the UAE, the relevant Authorities in the DIFC and/or the Internal Revenue Service of the United States of America for the purposes of complying with our obligations under applicable tax disclosure or reporting obligations. Without prejudice to any other representation and/or warranty you have provided, you confirm that you have examined the information and documents you have provided to us and such information and documents are true, correct, and complete.
USE OF OUR SERVICES
After opening an Account with us, you shall be entitled to enjoy the Services through our Platform which we may provide, subject to any addition, modification, suspension, or termination of such Services in accordance with this Agreement.
We may monitor all your use of Services to detect any improper activity relating thereto. You shall comply in a timely manner with our requests for information, documents and other material requested by us.
You agree to use our Services only for lawful purposes, in accordance with the terms of this Agreement.
We may at our absolute discretion provide alternative means by which you may enjoy the Services outside the Platform, which will be subject to such terms and conditions as we may notify you.
STATEMENTS AND DOCUMENTS
Any statements and any other documents will be sent to you through a URL link to the Platform which will be provided to you via electronic means to the email address indicated by you at Account opening or edited subsequently through the Platform. You agree and acknowledge that such documents will be made available for viewing on the Platform, and you may download, save, or print the documents for your subsequent reference. If you wish to receive your statements and other documents by hard copy, please contact our customer support at firstname.lastname@example.org.
You agree to verify the correctness of all details contained in each statement, or any document sent to you and inform us within 14 days from the date of such document of any discrepancies, omissions, or errors. Upon the expiry of this period, the date of such document shall be conclusive evidence against you (save for manifest or clerical error) without further proof, except as to any alleged errors so notified, that such details are correct, but subject always to our right to amend or delete from time to time, any details wrongly inserted by us as set out in paragraph 16.3 below. Except as provided in this paragraph, and provided that we are not fraudulent or in willful default, we shall be free from all claims in respect of any Account or the details of the Transactions or Services contained in such documents.
We have the right, upon giving reasonable notice to you, to reverse any entry, demand refund, and/or debit the Account in respect of any overpayment or wrongful credit in the Account.
Without prejudice to any of the foregoing we may at any time without prior notice to you rectify any clerical errors that may have been made.
Where you have not received any document, statement of account, contract note, Confirmation, or other notification relating to a specific Transaction within the normal period for postal deliveries, you must advise us immediately.
CURRENCY CONVERSIONS, TRANSACTION PRICES AND CORRECTIVE ACTIONS
We are entitled to convert any sum received by us (whether for credit into your Account or in payment of any sum due to us) to the currency of the Account or the currency in which payment is to be made, as the case may be, at a rate of exchange determined by us at the relevant
We may, at any time at a rate determined by us in our sole and absolute discretion, convert any amount in any Account or standing to your credit to any other currency for the purpose of carrying out your Instructions or exercising our rights under this Agreement. Exchange rate losses and the costs of Conversion shall be borne by you.
You acknowledge that all Conversions and Transactions will be executed based on the rates of exchange and prices, respectively, available to us on a real-time basis. You acknowledge that we may rely on third party providers for the provision of such rates and/or prices, and that we shall not be liable for any loss resulting from erroneous or inaccurate information provided to us by such third-party
In the event:
there is, in relation to any Conversion or Transaction, a discrepancy between the Conversion’s or Transaction’s Initial Settled Amount and Actual Settled Amount; and
the discrepancy falls within a threshold set by us in our absolute discretion (which takes into account the absolute value of the discrepancy as well as the relative value of the discrepancy as compared to that of the portfolio in which the discrepancy arose), we reserve the right, and you give your consent for us, to take all actions as we, in our absolute discretion, deem necessary or expedient to rectify the discrepancy, including but not limited to making adjustments to your portfolio(s) and/or our Systems, or crediting or debiting your Account. You agree that we shall not be liable for any loss or damage that you may suffer or incur as a result of any such actions taken by us pursuant to this
SET-OFF AND LIEN
For so long as you owe monies or obligations (of any nature and however arising) to us, you may not withdraw your Assets from your Account without our consent. We may at any time withhold any Assets pending full settlement of all such monies or obligations owed by you.
All your Assets in your Account shall be subject to a continuing first fixed change and general lien for the discharge of all obligations due from you to us. We have the power to sell any Assets in or towards settlement of your obligations to us.
All documents of title and other documents relating to the Assets shall be deposited or transferred by you to us or otherwise placed at our order or at our disposal or under our control.
You warrant and undertake that none of the Assets held in your Account is or shall be subject to any lien or charge in favour of any other person.
Without prejudice to any right of set-off or general lien or other rights to which we may be entitled, we may set-off from any Assets held in your Account (including any of your monies held in a trust account) against and in whole or partial payment of any sum or liability owed by you to us.
You authorise us to do anything in your name which is necessary for us to be able to do any of the foregoing.
Our rights under this Agreement are in addition to any other rights we have at law or under any other agreement, and shall not prejudice any other rights or security that we may
All Transactions that you carry out with us and/or Services we provide to you shall be interrelated. We are therefore entitled to withhold performance of or not to perform our obligations should you fail to fulfil any one of the obligations incumbent upon you.
NO JOINT ACCOUNTS
Currently, you may only open an Account with us in the name of one person or one legal entity, as we do not offer joint
Where you are an individual, your executor or administrator shall be the only person recognised by us in the event of your death. Upon your death, we are entitled to retain any of your Assets by us, and any monies payable to or credit in any Account until such time that a grant of probate or letters of administration are produced by your executor or
You may have been introduced to us by a third party. We do not accept responsibility for any conduct, action, representation, or statement of such third We may share our Fees with or provide such other benefit as we may deem appropriate to such third party or any other third party.
DORMANT ACCOUNTS AND UNCLAIMED ASSETS
If you have not accessed your Account through the Platform or otherwise undertaken any activity in relation to your Account (such as transfer-in of funds) for five (5) years, the Account will be deemed dormant and de-activated. Re-activation is required for the Account to resume activity. If you wish to re-activate the Account, you agree to provide us with such information as we may require to authenticate your identity. Otherwise, we may terminate your Account in accordance with this Agreement.
If we determine in good faith that we are still unable to trace you in the five (5) years following dormancy, the Account will be terminated and you agree that all Assets then standing to the credit of any Account or otherwise held by us or our Affiliate (as the case may be) together with any property as may from time to time continue to accrue to those monies and property (whether by way of dividends, interest or otherwise) may forthwith be appropriated by us to ourselves to utilise in any manner we so wish for our own benefit. You thereafter shall have no right whatsoever to claim such monies and property (or any other property as may accrue to it), you being deemed to have waived and abandoned all your rights to such Assets (and any other property as may accrue to it) in favour of us and we will after setting off any applicable administrative costs, donate the proceeds of your Assets to a charity of our choice.
No failure or delay on our part in exercising any power of sale or any other rights or options hereunder and no notice or demand which may be given to or made upon you by us with respect to any power of sale or other right or option hereunder, shall constitute a waiver thereof, or limit or impair our right to take any action or to exercise any power of sale or any other rights or options hereunder without notice or demand, or prejudice our rights as against you in any respect or render us responsible for any loss arising therefrom. A single or partial exercise of a right, power or remedy does not prevent another or further exercise of that or another right, power, or remedy. A waiver of a right, power or remedy must be in writing and signed by the party giving the
We may grant time or other indulgence to you or any other person, without impairing or affecting in any way any of our rights as against you or any such other
Our records (including computer and microfilm stored records or any other electronic records stored by us) of all matters relating to you, any Transactions on your Accounts, the Accounts and/or any Services provided to you is conclusive evidence of such matters and is binding against you for all purposes, save for manifest or clerical error, subject to our right to rectify any error or omission therein and our right to adduce other evidence. You hereby agree not to at any time dispute the authenticity or accuracy of any computer output relied upon by us for any purpose
You acknowledge and agree that we shall be entitled to destroy or dispose of all registers, statements and other records and documents relating to the Account, Services or Transactions at any time after the expiration of any period of retention required by Applicable We shall not be liable in any way for such destruction or disposal.
You acknowledge and agree that we may, in the conduct of our functions, instead of acting ourselves, delegate to or appoint any service provider, agent, sub-agent, contractor, sub-contractor, broker, dealer custodian, nominee or other third parties, whether in DIFC or otherwise, (and such persons shall be referred to in this Agreement as an Affiliate of ours, where the context permits) to carry out, execute or clear any Transaction, hold custodies or deal with your Assets, or provide ongoing maintenance and support services for the operation of the Platform or such other Services or business as may be required by
You acknowledge and agree that we may delegate to such Affiliates all or any of the power, authority or discretion vested in us and any such delegation may be made upon such terms and conditions and subject to such regulations (including the power to sub-delegate) as we may think fit and, provided always that we shall have exercised reasonable care in the selection of such Affiliate, we shall not be bound to supervise the actions of and shall not in any way or to any extent be responsible for any loss incurred by you for any failure, neglect, default or breach by any such
You agree that our employees, officers, or Affiliates do not have any authority to bind us to any obligations or liabilities as otherwise expressly provided in these
Our duty. Save as permitted under this Agreement or any other agreement with you, we shall treat all information relating to you and your Accounts as
Non-confidential information. You acknowledge that the following information will not be regarded as confidential information and we do not owe you or any other person any duty to keep such information confidential:
information that as at the date of its disclosure is in the public domain (other than through a breach of this Agreement) or which subsequently enters the public domain;
information that was already in our possession before you provided the information to us;
information which we received from a third party who has lawfully acquired such information and is under no confidentiality obligation regarding its disclosure to us; and
any information which is anonymised or encrypted in such a manner where the identities of any person cannot be readily inferred, or which cannot be referable to any particular person.
Exceptions from duty of confidence. You give us permission to disclose information relating to you, your Account, Assets, Investments and Transactions as follows:
any of our directors, officers, employees, representatives, agents or delegates;
any of our Affiliates, shareholders or related corporations and any of their successors, assigns or sub-contractors, and their directors, officers, employees, representatives, agents or delegates;
any of our Intermediaries for the purposes of providing our services to you;
our professional advisers, consultants and auditors;
anyone who takes over or may take over all or part of our rights or obligations under this Agreement or to anyone this Agreement (or any part of it) is transferred to or may be transferred to;
any person who we believe in good faith to be your legal advisers or other professionals;
any Regulatory Body in any jurisdiction, in so far as we need to do so to keep to Applicable Laws, or which we in good faith believe that we should keep to;
pursuant to a request by any Regulatory Body (regardless of the reason for such request and whether such request is exercised under a court order or otherwise); and
to such other persons or under such other circumstances as you agree, provided that in the case of disclosures under any of the circumstances in paragraph 26.3.1 to 26.3.8, we shall, where reasonably possible, procure that the recipient is subject to the same duty of confidence.
Survival. The permission you give by agreeing to this paragraph 26 will apply even after this Agreement ends or your Account is
Your duties. Any data, information or message transmitted to you through our System, the Platform or destroy such data, information, or message, including all copies
Confidentiality of other information. You must keep confidential, all information about the Platform, our System and any information, data, materials, or documents provided to
We will collect personal data from and about you and use that personal data during the course of your relationship with
CONFLICTS OF INTEREST
We may enter into agreements with Intermediaries or invest in products and investments on your portfolio, or provide services to others whose interest may conflict or compete with yours, or otherwise be placed in a position of conflict. You agree that there may be circumstances when we or our Affiliates act in such capacities or are in such positions of conflicts where we may be remunerated, make profit, receive fees, commissions, rebates, discounts and/or other benefits. You consent and agree that we and/or our Affiliates may continue to enter into such Transactions and/or Investments without further reference to you despite such position of conflict, that we shall have no obligation to disclose such circumstances to you and you agree not to make any claim for such fees, commissions, rebates, discounts and/or other benefits. You also agree not to hold us responsible for any loss of profit or damage that may result from such conflict.
SUSPENSION AND TERMINATION OF SERVICE
Immediate termination by us. We reserve the right to restrict, temporarily or permanently suspend or terminate your Account, or the provision of any Services, at any time and with immediate effect, without incurring liability of any kind to you, if any of the following events occur:
you have not fully complied with our account opening criteria and/or met our account opening criteria (as we shall set from time to time), including, our “Know Your Client” procedures;
you fail to make any payment to us or any other party when due, whether under this Agreement or otherwise for the Services;
your death or insanity;
any grounds exist for the presentation of a bankruptcy petition against you;
any representation or warranty made by you under this Agreement or through the Platform or for the Services is incomplete, untrue, incorrect or misleading in any material respect;
you have breached the terms of this Agreement;
you are using the Platform or the Services in a manner that may cause us to breach Applicable Laws, have legal liability of disrupt others’ use of the Platform or the Services;
you are using the Platform or the Services for any illegal activities or where we have reasonable suspicion that you may be doing so, or we become aware or suspect that your Account is or will be used for illegal, fraudulent or unauthorized uses;
we become aware or suspect that your Access Methods (i.e. any User identification, passwords and other security credentials assigned to you and required to access and use the Platform) are stolen, lost, damaged or compromised;
we become aware or suspect that the person logged into your Account is not you,
we are required to do so by Applicable Laws or pursuant to a request by any Regulatory Body;
scheduled downtime or recurring downtime;
a Force Majeure Event;
you publish, post, transfer, distribute or upload any content or information to the Platform which is false, misleading or inaccurate, contains rude and inappropriate language or which creates the impression that any content is sponsored or endorsed by us;
you modify, adapt or reverse engineer the Platform or any part thereof;
you transmit any viruses, worms, defects, Trojan horses or any other items of a destructive nature, or that may otherwise compromise the security of the Platform;
you create multiple Accounts;
you create Accounts by automated means or under false or fraudulent pretenses; or
you are, in our opinion, the subject of any adverse publicity or involved in any litigation that we reasonably believe would be detrimental to our
For the purposes of paragraph1.13, a Force Majeure Event means any event beyond our reasonable control (and which does not relate to or arise by reason of our default or negligence) which renders impossible or hinders our performance of this Agreement including our Services, including, without limitation:
war, riot, civil unrest or revolution, sabotage, terrorism, insurrection, acts of civil or military authority, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions;
terrorist attacks, civil war, civil commotions or riots;
acts of God, epidemic, pandemic, flood, earthquake, typhoon or other natural disasters or adverse weather or environmental condition;
any act of state or other exercise of sovereign, judicial or executive prerogative by any government or public authority, including expropriation, nationalisation or compulsory acquisition or acts claimed to be justified by executive necessity;
fire, explosion or accidental damage;
collapse of building structures or failure of plant machinery, computers or vehicles;
interruption or failure of utility service, including but not limited to electric power, gas or water; or
any labour disputes, including but not limited to strikes, industrial action or lockouts;
For the avoidance of doubt, we shall not be in breach of this Agreement, nor liable for any failure or delay in the performance of any other obligations under this Agreement arising from or attributable to any of the circumstances giving rise to a right to termination under paragraph 1.
Termination by notice from us. We may at any time and without liability to you terminate this Agreement including our Services. In such cases, we will endeavor to provide you with not less than 14 calendar days’ written notice. However, in certain cases, we may terminate your Account, the Services or this Agreement by providing shorter notice or providing notice with immediate effect. No such termination will affect any Instruction given by you which is properly received by us before the date of such
Termination by notice from you. You may terminate this Agreement or your Account with us at any time by providing us with notice in the manner we may specify on the Platform. However, no such termination will affect any Instruction given by you which is properly received by us before the receipt of such notice or any action we may take in relation to your Account before the receipt of such
Effect of termination. On termination of the Account or any Services or the agreement or relationship between you and us:
you will stop using any Services;
all charges, costs and/or expenses due to us or any third parties under this Agreement shall fall due for repayment immediately;
we may discharge our entire liability with respect to your Account by selling your Assets at your expense and arranging for any credit balance in your Account to you at the earliest time possible and within 15 Business Days from the termination of this Agreement, subject to Applicable Laws and unforeseen processing delays by the banks;
you shall, upon our request (acting reasonably), return, destroy or delete any information or documents received from us, including any copies
INDEMNITY AND EXCLUSION OF LIABILIT
You agree to indemnify on a full indemnity basis, to compensate Raseed, and to hold us and all of our employees, officers, Affiliates or counter-party employed or used by us in connection with the Services (Associates) harmless from and against any and all losses, and reimburse on demand, against all losses which we or our Associates may suffer or incur arising from or in connection with the operation of the Account, Transactions, Services, or any Instructions, whether incurred directly or indirectly (unless they arise solely from our fraud, gross negligence or willful default).
We and our Associates shall not be responsible for or liable to you for any loss which may be suffered or incurred by you in any way in relation to any Services provided pursuant to these Terms, or Transaction contemplated under these Terms, howsoever caused, except for any such loss or damage which is due to our fraud, gross negligence or willful In such an event, our liability in connection with any Transaction or Service, shall not exceed the market value of such Transaction or Service at the time of the fraud, gross negligence or willful default.
We shall not be liable for any losses incurred by you as a result of any action taken by or omission on our part in good faith. We shall not, in the absence of fraud, gross negligence or willful default be liable to you for any act or omission in the course of or in connection with the Services rendered by under these Terms or for any losses which you may suffer or sustain as a result of, in connection with or in the course of discharge by us of its duties
We are not bound by errors in the prices or other details of orders or transactions which are included in any transaction or other report and, upon us becoming aware of the relevant error, we may make any necessary corrections to the affected
All notices, demands or other communications required or permitted to be given under this Agreement (Notices) shall be sent as follows:
in the case of a Notice to you, to the electronic mail address indicated by you at Account opening or edited subsequently through the Platform or by posting a Notice on the Platform; and
in the case of a Notice to us, by email to email@example.com.
You are deemed to receive the Notice sent by us upon the earlier of:
receipt of the Notice by you on the Platform;
receipt of the Notice by you through your electronic mail address; or
expiration of the calendar month following the posting of the Notice on the Platform or to your electronic mail
We are deemed to receive the Notice sent by you on the date upon which it is sent, unless it is sent after 5:00 PM on a Business Day or at any time on a non-Business Day in which case it will be deemed to have been received on the next following Business
You must promptly inform us in writing of any change in your mailing address, fax number and/or email address for communication or any of your relevant particulars available in our records and send us all supporting documents we require. We will need a reasonable time-period, not being less than seven (7) Business Days from receipt, to act and effect the change in our records, after which, we may rely on the
Applicability of this paragraph. Paragraph 31 relates only to Notices in respect of matters concerning the Platform or Services.
COMPLAINTS HANDLING AND DISPUTE RESOLUTION
Any complaint regarding how we handle your personal data may be referred to our data protection officer who can be contacted at firstname.lastname@example.org or +97147709835. Any other complaint, dispute or controversy raised by you should in the first instance be referred, in writing customer support at email@example.com. We will investigate the complaint and report back to you on the findings and the resolution to the complaint or dispute. If you remain dissatisfied with our findings or the handling of your complaint, dispute or controversy, you may, if appropriate, refer the matter to the DFSA.
For further information on our Complaints Policy, please see Complaints Policy. If required a copy of our Complaints Policy is also available upon request, free of
Subject to the above paragraph 32.1, any dispute arising out of or in connection with this Agreement and/or the documents referred to herein, including any question regarding their existence, validity, or termination, shall be referred to and finally resolved by the Courts of the DIFC and both you and we hereby unconditionally and irrevocably submit to the exclusive jurisdiction of the Courts of the
Further Assurance. You shall execute such other documents, do such acts and things and take such further actions as may be reasonably required or desirable to give full effect to the provisions of this Agreement and the transactions hereunder and you shall use your best endeavors to procure that any necessary third party shall execute such documents, do such acts and things and take such further actions as may be reasonably required for giving full effect to the provisions of this Agreement and the transactions
Assignment. You shall not have the right to assign any of such rights, undertakings, agreements, duties, liabilities and/or obligations hereunder except with our written We may assign or transfer any of our rights hereunder to any party without your consent, but subject to prior notification.
Variation. We shall be entitled to, by posting an updated version of this Agreement at Disclosures
to supplement, vary and/or modify the terms of this Agreement at any time and such supplement, variation and/or modification shall take effect from the date the Agreement is posted at Disclosures or any other date specified by You agree that it shall be your responsibility to review this Agreement regularly. If you do not accept any such supplement, variation and/or modification, you shall immediately discontinue operating the Account and/or utilizing the Services provided by us and promptly close your Account and terminate this Agreement. If you continue to operate the Account and/or utilise the Services provided by us after such notice, you are deemed to have agreed to such supplement, deletion, variation and/or modification without reservation.
Entire Agreement. This Agreement and the documents referred to in this Agreement collectively embody the entire terms and conditions agreed upon by you and us as to the subject matter of the same and supersedes and revokes in all respects all other documents, agreements, letters of intent, and undertakings entered between you and us, whether such be written or oral, with respect to the subject matter hereof. All provisions of this Agreement shall so far as they are capable of being performed or observed continue in full force and effect notwithstanding completion of the matters set out therein except in respect of those matters then already performed and except where expressly stated to the contrary. This Agreement shall be binding on and shall endure for the benefit of each of your and our successors in title or legal personal representatives.
Survival on Termination. All disclaimers, indemnities and exclusions in this Agreement shall survive the termination of this Agreement.
Severance. If any provision of this Agreement or part thereof is rendered void, illegal or unenforceable by any legislation to which it is subject, it shall be rendered void, illegal or unenforceable to that extent and no further and, for the avoidance of doubt, the rest of this Agreement shall continue in full force and effect and the legality, validity, and enforceability of the whole of this Agreement in any other jurisdiction shall not be affected.
No Third-Party Rights. A person who is not a party to this Agreement shall have no right under part 10 of the DIFC Contract Law or under any law, to enforce any provision in this Agreement.
Governing Law. This Agreement shall be governed by, and construed in accordance with, the laws of the DIFC.
OVERSEAS-LISTED INVESTMENT PRODUCTS
Risk warning statement: An overseas-listed investment product* is subject to the laws and regulations of the jurisdiction it is listed in. Before you trade in an overseas-listed investment product or authorise someone else to trade for you, you should be aware of:
The level of investor protection and safeguards that you are afforded in the relevant foreign jurisdiction as the overseas-listed investment product would operate under a different regulatory regime.
The differences between the legal systems in the foreign jurisdiction and the DIFC that may affect your ability to recover your funds.
The tax implications, currency risks, and additional transaction costs that you may have to incur.
The counterparty and correspondent broker risks that you are exposed to.
The political, economic and social developments that influence the overseas markets you are investing in.
These and other risks may affect the value of your investment. You should not invest in the product if you do not understand or are not comfortable with such risks. *An overseas-listed investment product in this statement refers to a capital markets product that is listed for quotation or quoted only on overseas securities exchange(s) or overseas futures exchange(s) (collectively overseas exchanges).
This statement does not disclose all the risks and other significant aspects of trading in an overseas-listed investment product. You should undertake such transactions only if you understand and are comfortable with the extent of your exposure to the risks.
You should carefully consider whether such trading is suitable for you in light of your experience, objectives, risk appetite, financial resources and other relevant circumstances. In considering whether to trade or to authorise someone else to trade for you, you should be aware of the following:
Differences in Regulatory Regimes.
Overseas markets may be subject to different regulations and may operate differently from approved exchanges in the DIFC. For example, there may be different rules providing for the safekeeping of securities and monies held by custodian banks or depositories. This may affect the level of safeguards in place to ensure proper segregation and safekeeping of your investment products or monies held overseas. There is also the risk of your investment products or monies not being protected if the custodian has credit problems or fails. Overseas markets may also have different periods for clearing and settling transactions. These may affect the information available to you regarding transaction prices and the time you have to settle your trade on such overseas markets.
Overseas markets may be subject to rules which may offer different investor protection as compared to the DIFC. Before you start to trade, you should be fully aware of the types of redress available to you in the DIFC and other relevant jurisdictions, if any.
Differences in Legal Systems.
In some countries, legal concepts which are practiced in mature legal systems may not be in place or may have yet to be tested in courts. This would make it more difficult to predict with a degree of certainty the outcome of judicial proceedings or even the quantum of damages which may be awarded following a successful claim.
The DFSA will be unable to compel the enforcement of the rules of the regulatory authorities or markets in other jurisdictions where your transactions will be effected.
The laws of some jurisdictions may prohibit or restrict the repatriation of funds from such jurisdictions including capital, divestment proceeds, profits, dividends and interest arising from investment in such countries. Therefore, there is no guarantee that the funds you have invested and the funds arising from your investment will be capable of being remitted.
Some jurisdictions may also restrict the amount or type of investment products that foreign investors may trade. This can affect the liquidity and prices of the overseas- listed investment products that you invest in.
Different costs involved.
There may be tax implications of investing in an overseas-listed investment product. For example, sale proceeds or the receipt of any dividends and other income may be subject to tax levies, duties or charges in the foreign country, in the UAE, or in both countries.
Your investment return on foreign currency-denominated investment products will be affected by exchange rate fluctuations where there is a need to convert from the currency of denomination of the investment products to another currency or may be affected by exchange controls.
You may have to pay additional costs such as fees and broker’s commissions for transactions in overseas exchanges. In some jurisdictions, you may also have to pay a premium to trade certain listed investment products. Therefore, before you begin to trade, you should obtain a clear explanation of all commissions, fees, and other charges for which you will be liable. These charges will affect your net profit (if any) or increase your loss. Counterparty and correspondent broker risks.
Transactions on overseas exchanges or overseas markets are generally affected by your [our] broker through foreign brokers who have trading and/or clearing rights on those exchanges. All transactions that are executed upon your instructions with such counterparties and correspondent brokers are dependent on their respective due performance of their obligations. The insolvency or default of such counterparties and correspondent brokers may lead to positions being liquidated or closed out without your consent and/or may result in difficulties in recovering your monies and assets held overseas.
Political, Economic and Social Developments.
Overseas markets are influenced by the political, economic and social developments in the foreign jurisdiction, which may be uncertain and may increase the risk of investing in overseas-listed investment products.
You acknowledge that you have received a copy of the Risk Warning Statement and understand its contents.