Therefore, our clients have to assure Hija
Global Market. that they understand all the possible consequences of such risks, they know
all the specifics, rules and regulations governing the use of investment products, including
corporate events, resulting in the change of underlying assets. Client understands that
there are special risks and features that affect prices, exchange rates and investment
products. These risks include decrease in liquidity, price change, high volatility and
circumstances beyond control.
Before you open an account with us, make sure to study in
detail the user agreement, as well as the basic principles and rules of the financial
markets.
A) If you hold a Short position in a CFD, Hija Global Market. will
debit the relevant Account with an amount equal to the cash dividend, including any
imputation or franking credits, payable to the holder of the Underlying Security, multiplied
by the quantity, on the first Business Day after the ex-dividend date for the Underlying
Security.
Closing a CFDB) At any time, you may notify Hija
Global Market. of your intention to close a CFD (either partially or fully) by specifying
the Underlying Security and the quantity of CFDs you wish to close.
C) Upon receiving
your notice to close a CFD, Hija Global Market. will use reasonable efforts to provide you
with a quote for the Closing Price and inform you of that quote (via phone or other
methods). It is your responsibility to inform Hija Global Market. promptly whether you
accept the Closing Price quote. If you accept the quote, the CFD, or the relevant portion of
it, will be closed on the Closing Date by issuing you with a CFD opposite to the open CFD or
relevant portion to be closed.
D) If the Underlying Security for the CFD has terms that
allow for its redemption, exchange, or termination and you fail to notify Hija Global
Market. of your intention to Close the CFD or roll it over on terms acceptable to Hija
Global Market. (whether or not you were previously aware of this), you will be deemed to
have notified Hija Global Market. to Close the CFD at the Closing Price reasonably
determined by Hija Global Market. In this case, Hija Global Market. will close the CFD at
its discretion.
F) At the Close of Business on the Closing Date, if there is a
difference between the Closing Value and the Contract Value of the CFD (or portion closed as
per clause 7(b)), it will be settled as follows:
- If the Closing Value exceeds the Contract Value, the Short Party
must pay the difference to the Long Party; and
- If the Closing Value is lower than the Contract Value, the Long
Party must pay the difference to the Short Party.
- e) If the issuer of the Underlying Security for the CFD becomes
externally administered under the Financial Products Law (or equivalent
legislation), the CFD will be considered Closed at that moment. The Closing Price
will be determined by Hija Global Market. who may consider factors like the last
traded price of the Underlying Security.
- f) If the Underlying Security for the CFD is no longer listed on
an Exchange or is suspended from quotation for 5 consecutive Business Days, Hija
Global Market. may, at its discretion, terminate the CFD. If Hija Global Market.
chooses to do so:
- The Closing Date will be the date determined by Hija Global
Market. (Early Closing Date); and
- you will be considered to have provided notice under clause 7(a)
on the Early Closing Date.
- g) If Hija Global Market. determines that the Closing Value of a
CFD cannot be calculated on or by the Closing Date for any reason, the Closing Value
will be set by Hija Global Market. at its sole discretion.
- h) If trading in the Underlying Security on an Exchange is
suspended or halted, Hija Global Market. will, at its sole discretion, determine the
Closing Value of the CFD by taking into account, but not limited to, the last traded
price before the suspension.
- i) All calculations made by Hija Global Market. according to
these terms, in the absence of manifest error, will be binding on you.
Settlement of Positionsa) Payments related to any CFD must be
made in accordance with this clause 8.
b) If a CFD is Closed Out under clause 7 or
settled for a difference under clause 5:
- Hija Global Market. will credit the relevant Account with any
amount owed to you; or
- subject to clause 8(c), you must pay any amounts owed to Hija
Global Market. in cleared funds, in a currency specified by Hija Global Market. upon
receiving a payment request.
- c) If there is free equity in your Account, any amounts owed by
you under clause 8(b) will be settled either partially or fully by debiting your
Account with Hija Global Market.
- d) If you request a payment for money owed to you under this
clause 8, Hija Global Market. will deduct the requested amount from your Account and
pay you electronically, by cheque, or through any other agreed method. Any
outstanding funds not requested by you will remain in your Account.
- e) Hija Global Market. may offset any money owed to you under
these terms or any other agreement against any amounts you owe under these terms or
any other agreement.
Adjustment Eventsa) If the Underlying Security for a CFD is
subject to an Adjustment Event, Hija Global Market. will determine the necessary adjustment
to the Contract Value or the related quantity (or both) to ensure both parties are placed in
a similar economic position to what it would have been if the event had not occurred. Hija
Global Market. will notify you of any adjustment as soon as possible. Any adjustment made,
in the absence of manifest error, will be deemed conclusive and binding on you.
b) Hija
Global Market. may give you the option to participate in an adjustment corresponding with
the Adjustment Event, but is not obliged to do so, nor is it required to provide reasonable
notice or make the terms match the Adjustment Event precisely. Hija Global Market. may also
choose not to accept any election you make. The adjustment will take effect as determined by
Hija Global Market.
c) If the Underlying Security is subject to a takeover offer or
similar event, Hija Global Market. may notify you before the offer’s closing date of its
intention to Close the CFD, as per clause 7, with the Closing Price being the price notified
to you by Hija Global Market.
d) If an Adjustment Event occurs and it is impractical,
as determined by Hija Global Market. to make an adjustment under clause 9(a), Hija Global
Market. may give you notice of its intention to Close Out the CFD. You will be deemed to
have received the Closing Notice under clause 7, with the Closing Price being the one
notified by Hija Global Market.
e) Terms such as "offer," "takeover," and "closing
date" in clause 9(a) will have the definitions provided in the Financial Products Law
2001.
Hija Global Market. is not liable for any damages that occurred as a
result of government restrictions, regulations of foreign exchange or stock markets,
military actions, suspension of trading and other circumstances beyond
control.