About this Agreement
- You must also read the Risk Warning provided to you at the same time as these terms and conditions. By accepting the terms of this Agreement you will be deemed to have read and understood the content of the Risk Warning.
- This Agreement will come into effect on the date on which MB Capital receives a signed copy of this Agreement from you or upon which you otherwise indicate your acceptance of the terms in writing, including by acceptance through the MB Capital website or by email. MB Capital reserves the right to refuse your request to enter into this Agreement by notice to you prior to providing any Information or Research Services under this Agreement.
“you” means the person who has accepted these terms and conditions.
- An instruction, notice or agreement to be given “in writing” shall include such instruction, notice or agreement being given by email, by acceptance or delivery through a website, or other electronic communication in such manner as MB Capital agree with you from time to time. The manner in which notice may be served is set out in clause 8.
- All Information (including research provided to you on the MB Capital website or otherwise) has been prepared and issued by MB Capital for publication in the United Kingdom. All information used in the publication of this Information and research, has been compiled from publicly available sources that are believed to be reliable, however MB Capital does not guarantee the accuracy or completeness of the Information provided. Unless otherwise notified, opinions contained in the Information reflect those of the research department of MB Capital at the time of publication. In the case of any Information which contains the opinion of a third party, MB Capital will endeavour to identify this in the provision of the Information.
- Recommendations and comment in the Information may be affected by subsequent changes in market conditions, particularly share prices. None of the Information is personalised or tailored in any way to your individual circumstances. Any recommendations made will not necessarily be suitable for you and should not be treated as a recommendation to you to engage in a particular strategy or course of action.
- The provision of Information is not a solicitation or inducement to buy, sell, subscribe, or underwrite securities or units. Research is provided for information purposes only and should not be construed as an offer or solicitation for investment.
- MB Capital does conduct advisory business in relation to CFDs and as such may hold positions or have given advice to clients to adopt positions in relation to the securities or products mentioned in the Information. Its directors, officers, employees and contractors may have a position in these or related securities or transactions. Any interests arising will be monitored and dealt with under our conflicts of interest policy (please see clause 6).
- The value of securities mentioned can fall as well as rise and are subject to large and sudden swings. In addition it may be difficult or not possible to buy, sell or obtain accurate information about the value of securities mentioned in the Information. Past performance is not necessarily a guide to future performance.
- MB Capital is authorised and regulated by the Financial Conduct Authority in the conduct of its investment business. MB Capital is entered on the FCA register. The Financial Service Authority’s address is 25 The North Colonnade, Canary Wharf, London E14 5HS.
- MB Capital will treat you as a Retail Client in accordance with the FCA Rules, unless it informs you otherwise. Categorisation has taken place based on internal client categorisation process and FCA Rules, MB Capital may re-categorise you upon request. Different rules and different levels of protection apply to you depending on your client categorisation, details of which are available on request.
- MB Capital has a written internal complaints handling policy, as required by the FCA Rules. You can obtain a copy of this on request, and in the event you should have cause for complaint about the CFD Services which MB Capital provides to you, a copy will be sent to you.
- In the event that MB Capital is unable to meet its obligations to you, you may have a right to seek compensation from the Financial Services Compensation Scheme (the “FSCS”) in respect of the Research Services. Details of the eligibility and compensation limits are available at http://www.fscs.org.uk. You will be separately asked by email to consent to service of this information by reference to the FSCS website and provided with a link to the appropriate section of their website. If you do not wish to receive the information in this manner, then MB Capital will provide you with a hard copy of the information by post.
- Taxation is personal, complex and is subject to change. MB Capital accepts no liability for the tax consequences of advice provided to you and will not provide or be responsible for the provision of any tax or legal advice. It is your sole responsibility to seek appropriate taxation and legal advice.
- When MB Capital provides you with the Information and/or Research Services, it will give no warranty, guarantee or representation as to the completeness or accuracy of the information (subject to its obligation to you as a retail client assess the suitability of investment advice for you as set out in the remainder of these terms and conditions and under the FCA Rules) or to the tax consequences of any transactions or investments.
- Save to the extent required by law (including under the FCA Rules) and save in the case of fraud or death or personal injury cause by the negligence by MB Capital (excluding any fraud of any third party in the provision of any sources of Information to MB Capital), MB Capital accepts no liability for the use of the Information, including any loss arising on any investment made by you or any other person following provision of the Information or in reliance on the Information.
Conflicts of Interest
- MB Capital is required, in accordance with the FCA rules, to take all reasonable steps to identify conflicts of interests between MB Capital and its clients, or between one client and another, that arise through the provision of investment services.
- MB Capital’s policy on conflicts of interest is summarised at the end of these terms and conditions.
- You shall not, without the prior written consent of MB Capital, use or disclose any Information or other information relating to MB Capital to any Person except to the extent that such use or disclosure is required by law or any regulatory authority.
- The provisions of this clause shall continue to bind the parties after termination of this Agreement.
- You may communicate with MB Capital by post or email. All communications to MB Capital will be to the following:Address: Second Floor, 1-2 Broadgate Circle, LONDON, EC2M 2QS Email: email@example.com MB Capital may change its address, fax number or email at any time by notice to you and will add these details to the MB Capital website under “Contact”.
- MB Capital may communicate with you at such address, fax number or email address as you notify to MB Capital at any time. Please set out your initial address, fax number and email address below when signing.
- Notices given by post will be deemed served two working days after posting or if by fax or by email at the time of receipt (or at the start of the next working day if given outside of normal working hours (9.00am to 5.30pm).
- All communications under this Agreement will be in English.
- Subject to Clause 14, you accept that MB Capital may change or add to any of the terms and conditions of this Agreement at any time. In the event of any variation or amendment of the Agreement; MB Capital will send you a written notice of the change or addition which shall include the date from which the change or addition takes effect.
- MB Capital will only amend this Agreement where it is required to give effect to any changes to relevant laws or regulations, to provide new services to you or to allow the Research Services to be provided more efficiently
- MB Capital will endeavour to give you at least than 30 days’ notice of any amendments, unless it is impractical to do so or the amendment is not materially prejudicial to you.
- If you wish to terminate the Research Services, you may do so at any time by giving written notice to MB Capital, which will take effect on the date of receipt.
- MB Capital may terminate this Agreement by giving you not less than 30 days’ notice or immediately if:
- you give MB Capital any false or deliberately misleading information at any time;
- the Research Services or Information provided to you are used in breach of any law or regulation or would require MB Capital to fall into any such breach; or
- you are in material or persistent breach of this Agreement.
Previous terms and conditions
- This Agreement supersedes all prior written agreements entered into by you and MB Capital in relation to the provision of the Research Services.
- This does not affect any rights or obligations that you or MB Capital may have under any previous terms and conditions relating to such services or for any claim in relation to any fraudulent or deliberately reckless statements made by or on behalf of MB Capital prior to this agreement.
Law and Jurisdiction
This Agreement will be interpreted in accordance with the English law and shall be subject to the exclusive jurisdiction of the courts of England and Wales.