Al Safwa Mubasher Research Services – Terms and Conditions

This Al Safwa Mubasher Research Services – Terms and Conditions (“this Research Services Agreement or this Agreement”) contains important information about rights, obligations and liabilities of the Parties towards access and usage of the research reports and the Real time Trade Alerts (‘RTA’s) provided by Al SAfwa Mubasher Financial Services PSC, a broker dealer licensed and regulated by Securities and Commodities Authority of the United Arab Emirates (SCA)  , and having license for Financial Consultation and Financial Analysis from SCA ,having its registered office at 34th Floor, Saeed Tower 2, Sheikh Zayed Road, Dubai, UAE and whose License Number is 604097 (“ASMFS PSC”). Please read the following terms and conditions carefully.

 

In consideration of ASMFS PSC agreeing to provide me with Research services (Services) related to financial instruments and securities traded in the stock exchanges in the United Arab Emirates and regulated by the SCA in connection with my trading accounts held with/operated through ASMFS PSC, I agree to be bound by the terms and conditions set forth in this Agreement.

 

I (being the Account Holder/s of ASMFS PSC) acknowledge that I am a customer of ASMFS PSC and have agreed previously to the terms and conditions of the Opening Trading Account Agreement being part of customer account opening for establishing a trading account for myself (singly or jointly) or a Corporate account with ASMFS PSC, I further agree that I will carefully read, understand and accept the terms and conditions of this Research Services Agreement before I click the “I Agree” button. If I have any questions about any of the provisions in this Agreement, I will call ASMFS PSC at +97143258258 or email to info@mubashertrade.com. I understand that clicking the “I Agree” button is the legal equivalent of my manually signing this Agreement and that doing so will result in me being bound by this Agreement. If I am not registering for the Mubasher Research Services online, I understand that, by accessing the Research Reports provided by ASMFS PSC as part of the services, I agree to be legally bound by the terms and conditions of this Research Services Agreement. I understand that this Agreement may be amended from time to time by ASMFS PSC, with revised terms and conditions posted on the www.alsafwamubasher.ae web site. I agree to regularly check the www.alsafwamubasher.ae web site for updates to this Agreement and I understand that, by continuing to access the   Services without objecting to the revised terms of this Agreement once the revised terms have been posted on the www.alsafwamubasher.ae web-site, I shall be deemed to have accepted the revised terms and conditions and I will be legally bound by such amended terms and conditions.

1. Definitions

1.1 In this Agreement, the following words and expressions shall, unless the context otherwise requires, have the following meanings:

“Account Holder”

means the person, corporation, partnership, trustee, custodian or other entity in whose name a Trading Account is opened. The singular of Account Holder where appropriate shall include the plural;

“Affiliate(s)”

means a legal entity that controls, is controlled by or is under common control with another legal entity, but only while that control relationship exists. To “Control” means the direct or indirect ownership or power to control more than 50% of the issued shares or other securities of an entity or of the voting rights attached to the issued shares or other securities of such entity; or the power to control, directly or indirectly, the appointment of more than 50% of any board of directors or governing body of such entity;

“Applicable Regulations”

means all applicable laws, regulations, stock exchange or clearing rules and market conventions in the U.A.E. and in any other jurisdiction in which ASMFS PSC or one of its Affiliates or service providers is providing services under or in connection with this Agreement and the Opening Trading Account Agreement.

Charges & Fees

means the fees, charges and/or expenses for the Services;

“Conditional Trading Orders”

include:
(i) Stop Loss Orders,
(ii) Take Profit Orders or Limit Orders, and
(iii) Conditional Orders given by the Account Holder to MFS.
These Conditional Trading Orders are given by the Account Holder for execution on his Trading Account and have the following meanings:
Stop Loss Orders: Stop Loss Order is an order placed by the Account Holder that will result in the sale of the designated Securities and/or Other Property as soon as practicable after the price of such Securities and/or Other Property reaches a predetermined level different from the current market price.
Take Profit Orders or Limit Orders: Take Profit Order is an order placed by the Account Holder that closes a particular trade once it reaches a certain level of profit.
Conditional Orders: A Conditional Order is an order that will result in the automatic sale of designated Securities and/or Other Property only upon a specified criteria (specified by the Account Holder) being met;

“I”, “Me”, “My”, “Us”

mean all legal or natural persons who are Account Holders (jointly or otherwise) and / or who own a legal or beneficial interest in a Trading Account;

“Information Providers”

mean the sources from which ASMFS PSC obtains and receives the Contents, including, without limitation, the Financial Markets and other third party service providers;

Parties/Party/both Parties

mean ASMFS PSC and/or the Account Holder, as applicable;

Trading Account

means each account at ASMFS PSC established in my name alone, in my name together with other Account Holder(s) or in which I have a beneficial interest.

1.2 The heading of each provision of this Agreement is for descriptive purposes only and will not be deemed to modify or qualify any of the rights or obligations set forth in each such provision.

1.3 The term “ASMFS PSC” shall be deemed to include ASMFS PSC, its successors and assigns. The term “I” or “me” or “myself” shall be deemed to include the party (or parties) who execute this Agreement or any other agreements and authorizations executed in connection with the service provided under this Agreement.

2. Acknowledgment and Authorizations

2.1 I have carefully read and understood this Agreement and will retain a copy for future reference. I understand that this Agreement governs all aspects of my having subscribed to the Services offered by ASMFS PSC, except where otherwise provided in another agreement entered into between me and ASMFS PSC and/or the relevant Affiliate in connection with a specific product or service.

2.2 I acknowledge that ASMFS PSC reserves the right to modify this Agreement at any time in accordance with clause 4.1 of this Agreement or to terminate this Agreement at any time. I agree to consult the www.alsafwamubasher.ae web site regularly for up-to-date information about the Service and associated fees and charges and to check for changes to this Agreement.

2.3 Core aspects of the services and the contents of the research reports are offered or processed through Information Providers, which may be an unaffiliated company, or an Affiliate of ASMFS PSC. Unless otherwise noted, all authority granted to, or limitations of liability of, ASMFS PSC shall include its Affiliates, agents and representatives and any Information Providers. ASMFS PSC, its Affiliates and its agents are authorized to perform the Services contemplated by this Agreement and to take any other steps which, in their view, are necessary or beneficial for the purpose of, or in connection with, the Services.

2.4 Neither anything contained in this Agreement nor any information made available through the Service is to be construed as an offer to buy or sell, or the solicitation of an offer to buy or sell, any Securities and/or other property, financial product or instrument or to participate in any particular trading strategy in any jurisdiction in which such offer, solicitation or trading strategy would be unlawful or in which ASMFS PSC has no authority or license to provide Services.

2.5 I agree to pay charges and fees in connection with services promptly and as set out from time to time in ASMFS PSC’s schedule of fees. I authorize ASMFS PSC automatically to debit my Trading Account for any charges and fees as set out in ASMFS PSC’s schedule of fees from time to time.

2.6 I ACKNOWLEDGE THAT I ALONE AM RESPONSIBLE FOR DETERMINING THE SUITABILITY OF MY INVESTMENT CHOICES IN LIGHT OF MY PARTICULAR CIRCUMSTANCES. I UNDERSTAND THAT ASMFS PSC ASSUMES NO RESPONSIBILITY FOR SUCH DETERMINATION. As a self-directed investor, I assume full responsibility for each and every transaction in or for my Trading Account and for my own investment strategies and decisions. I understand and agree that ASMFS PSC and/or its Affiliates will have no liability whatsoever for the results of my investment strategies, transactions and decisions.

3. SERVICE USE TERMS & CONDITIONS

3.1 I agree that the Services provided by ASMFS PSC under this agreement are based on my request and upon my registration and activation of such Services. I understand that the research, analysis, real time trading alerts, news or other information with regard to Companies, Markets (exchanges), Securities or other Property, financial instruments and technical information on markets will be made available electronically to me. These can be forward-looking statements published by ASMFS PSC, which shall be based on certain assumptions reflecting the current expectations. I am aware that such statements are subject to various risks and uncertainties which could cause actual results to differ from the expectations. I agree that the use of such research, analysis, real time trading alerts and other information by me is at my own discretion and such information cannot be considered as an advice from ASMFS PSC to buy or sell any particular Securities or other Property or the timing or quantum of such transaction.

I also agree and understand that such research and advisory service is conducted by ASMFS PSC for informative purposes only and I will read all disclaimers on such reports carefully and I will rely solely on my own skill, knowledge and judgement on deciding on any transaction. I agree and categorically state that I will not have any claims whatsoever against ASMFS PSC for any losses incurred by me by following any such information made available by ASMFS PSC as part of the Services.

3.2 I further specifically acknowledge that the real time trading alerts presented in the ASMFS PSC reports forming part of these Services are a result of financial and technical analysis of the Company/trading data in relation to securities selected by ASMFS PSC and to the extent that the real time trading alerts prompt considerations of entering or not entering into a transaction(s), that advice is limited to general advice, which is based solely on financial and technical analysis of the securities selected without taking into account my investment objectives or financial circumstances. As a consequence, I agree that before acting on any real time trading alerts, I shall consider the appropriateness of acting on the real time trading alerts in light of my financial circumstances or seek further advice on its appropriateness. I also acknowledge that ASMFS PSC shall not be available to assist with advice on personal individual recommendations beyond the real time trading alerts provided in the above referred research reports/publications. Also, ASMFS PSC has suggested that past performance of a security is not a guaranteed indicator of future performance.

3.3 I acknowledge that any analysis provided by ASMFS PSC through the Services contemplated by this Agreement is conducted based on previous day/previous period market data or Company information, which does not take into account subsequent market developments, offshore or domestic, and which shall be considered by me on my own accord prior to acting on the real time trading alerts.

3.4 I understand that the information provided by ASMFS PSC through the Services, including, but not limited, to reports and other opinions, trade ideas, is current as of the date appearing on such information and is subject to change without notice. Unless otherwise indicated ratings are updated periodically in the reports/information provided, periodically to reflect changes in the market or other criteria. ASMFS PSC does not guarantee or warrant the accuracy, timeliness or completeness of any rating or other information provided to me as part of its Services.

3.5 I understand that I am permitted to store, display, analyze, modify, reformat and print the information made available to me through the Research Service only for my own use. I will not publish, transmit, or otherwise reproduce this information, in whole or in part, in any format to any third party without the express written consent of ASMFS PSC. I will not alter, obscure or remove any copyright, trademark or any other notices that are provided to me in connection with the information. I represent and warrant that: (i) I will not use the Services in contravention of this Agreement, (ii) I will use the Services only for the benefit of my Trading Account and not on behalf of any other person, and (iii) in case the information is made available by ASMFS PSC on a web-site or through a software with the exception of a web browser and other applications specifically approved by ASMFS PSC in writing, I agree not to use (or allow another person to use) any software, program, application or other device, directly or indirectly, to access or obtain information through the Services or to automate the process of accessing or obtaining such information.

3.6 I understand that the information made available by ASMFS PSC through the Services is not directed or intended for distribution to, or use by, me or any entity who is a citizen or resident of or located in any locality, state, country or other jurisdiction, where such distribution, publication, availability or use would be contrary to law, regulation or which would subject ASMFS PSC and its affiliates to any registration or licensing requirements within such jurisdiction.

3.7 I understand that the securities and/or markets (exchanges) described in the Research Reports or publications of ASMFS PSC and made available to me as part of the Services may or may not be eligible for sale in my jurisdiction or be available to only certain category of Investors in my jurisdiction. I agree that once I am in possession of the publications from ASMFS PSC under this Agreement, I shall observe all such restrictions applicable to myself as the Investor as I understand that it is not an obligation of ASMFS PSC to advise me on all such restrictions.

4. MODIFICATION OF AGREEMENT OR SERVICE

4.1 understand that ASMFS PSC may change or amend the terms and conditions of this Agreement from time to time. ASMFS PSC may notify me of changes to the Agreement by posting a revised version of the Agreement and a summary of the changes on the www.alsafwamubasher.ae  web site. ASMFS PSC may also notify me by sending me an email or written notice outlining the changes to the Agreement, but shall not be required to do so. It is my responsibility to regularly check the www.alsafwamubasher.ae  web site for changes to the Agreement.

I agree that I shall be deemed to have accepted any change to this Agreement or to the Service if I continue to use the Service after notice of the change has been posted to the www.alsafwamubasher.ae  web site or if I fail to notify ASMFS PSC or my non-acceptance of the amended terms within fifteen (15) days of the date on which notice of the change was posted to the www.alsafwamubasher.ae  web-site.

Notwithstanding the above, changes required by law or Applicable Regulations will be effective immediately once the revised Agreement has been posted on the www.alsafwamubasher.ae  web site.

5. LIMITATION OF LIABILITY

5.1 I agree that the use of the Services is at my risk and acknowledge that the Services, and anything contained therein, including but not limited to the contents, publications, real time trading alerts, (“items”) are provided “AS-IS” and that, to the maximum extent permitted by law, ASMFS PSC makes no warranty of any kind, express or implied, as to the items, including but not limited to its use or fitness for a particular purpose or use.

5.2 I agree that ASMFS PSC does not guarantee the completeness, usefulness or accuracy of any information provided as part of the Services. Also, I understand that ASMFS PSC and/or any third-party Information Providers contributing to the Service may choose at any time to inhibit or prohibit their content from being accessed under the terms of this Agreement.

5.3 I agree that to the maximum extent permitted by law, ASMFS PSC, its officers and employees, its shareholders, affiliates, subsidiaries, successors and assigns, third party Information Providers and any other parties associated with the Services shall not directly or indirectly be liable in any way, to me, or to another person using the Services.

6. COMPLAINTS

If I am dissatisfied with the Service and wish to make a complaint or terminate the services, I shall contact ASMFS PSC on   +971 43258258

7. TERMINATION OF THE AGREEMENT

This agreement shall be terminated in the following cases:

  • If the two parties agree in writing to terminate the agreement.
  • If either party desires to terminate the agreement then that party shall notify the other party in writing 14 days before the date on which the former wishes to terminate the agreement and subject to the settlement of all obligations and liabilities resulting from the execution of the agreement.
  • Upon termination of the ‘Opening Trading Account Agreement’ signed by myself with ASMFS PSC

In all cases, the termination of the agreement shall be without prejudice to the obligations and liabilities of its parties that remain in effect until settled.

8. GOVERNING LAW

This Agreement shall be governed and construed in accordance with the laws of the U.A.E. and the Parties submit to the exclusive jurisdiction of Dubai courts in respect of all legal proceedings which may arise in any way whatsoever out of this Agreement.

9. ENTIRE AGREEMENT

This Agreement along with the Opening Trading Account Agreement and other Agreements (if any) pertaining to my Trading Account previously agreed by me with ASMFS PSC, are the entire agreement between me and ASMFS PSC.

10. ELECTRONIC SIGNATURES

My intentional action in electronically signing this Agreement is valid evidence of my consent to be legally bound by this Agreement governing my relationship with ASMFS PSC. The use of an electronic version of the Agreement and of the related documents fully satisfies any requirement that ASMFS PSC’s terms of business and/or such other documents be provided to me in writing. I acknowledge that I may access and retain a record of the documents that I electronically sign through the www.alsafwamubasher.ae web site and that I may print a copy of all such documents for my records.

 

I am solely responsible for reviewing and understanding all of the terms and conditions of these documents. I accept it as reasonable and proper notice, for the purpose of any and all Applicable Regulations, notice by electronic means, including the posting of modifications to this Agreement on the www.alsafwamubasher.ae website.

 

The electronically stored copy of this Agreement is considered to be the true, complete, valid, authentic and enforceable record of this Agreement, admissible in judicial or administrative proceedings to the same extent as if the documents and records were originally generated and maintained in printed form. I agree that I shall not contest the admissibility or enforceability of ASMFS PSC’s electronically stored copy of this Agreement in any proceeding arising out of the terms and conditions of the Agreement. If more than one individual has electronically signed this Agreement, our obligations under this Agreement will be joint and several and identical to the obligations of joint Account Holders that have signed a printed version of this agreement.

I Agree