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Futures Terms and Conditions

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Futures Terms and Conditions Futures Terms JULY 2014 http://www.bby.com.au BBY FUTURES TERMS BBY FUTURES CLIENT AGREEMENT Market Participant with ASX Clear (Futures), neither BBY BETWEEN nor the Client has any rights whether by way of subrogation THE CLIENT AND BBY LTD ABN 80 006 707 777 AFSL NO. or otherwise, against any person or corporation other than, 238095 (BBY) in the case of BBY, the Market Participant or, in the case of the Client, BBY. PART A 4. CLIENTS THAT TRADE IN OTHER PRODUCTS OFFERED BY BBY FUTURES CLIENT AGREEMENT If the Client trades in other products offered by BBY, then The following terms and conditions (Terms) apply if the Client is the Client may have one or more Trading Accounts with to trade in Futures and future options with BBY acting as order BBY. Since the method of dealing may differ significantly placement agent (including, but not limited to, ASX 24 Futures with little interaction among those Trading Accounts, with Market Participants ABN AMRO Clearing Sydney Pty Ltd the calculations, reporting and administration may be and ADM Investor Services International Limited, as Executing performed by BBY separately for each Trading Account, and Clearing Broker’s for those trades). If the Client wishes to so that (among other things, without limitation): engage in “Give- Up” arrangements, then Part B of these terms (a) Margin calculations are managed and enforcement will apply to the clients’ trading. action is taken for each Trading Account separately; The Client and the BBY agree and acknowledge as follows: and 1. INSTRUCTIONS (b) BBY may at any time aggregate one or more Trading Accounts (for reporting or managing Margins or The Client may from time to time instruct BBY to deal otherwise for the purposes of these Terms). in Futures. Such instructions may be given to BBY directly, or if the Client has been granted access to the 5. CREDITWORTHINESS BBY online system (CQG), the Client may place its orders The Client agrees that BBY may make such enquiries directly into CQG. In either case, the Client’s order will as it thinks fit of any person, including the Client’s be communicated to the Market Participant as being an employer, bank or a credit agency relating to the Client’s order placed by BBY, despite the fact that BBY is acting creditworthiness. as the Client’s agent. BBY may at any time, in its absolute discretion, refuse to 6. DOCUMENTS RECEIVED BY THE CLIENT accept any (or may place a limit on any) order from the The Client agrees and acknowledges that it has been given Client. a document by BBY that: BBY will not confirm the receipt of, nor will it be (a) explains the nature of Futures; responsible for verifying the authenticity of any (b) explains the nature of the obligations assumed by instructions given to it by or on behalf of the Client. the Client when the Client instructs BBY to arrange 2. ARRANGEMENTS BETWEEN BBY AND THE MARKET for the entry into a Futures Transaction on behalf of PARTICIPANT the Client; BBY is not admitted as a participant of ASX 24 or ASX (c) is a Product Disclosure Statement (to the extent Clear (Futures), or any other futures market. BBY is required under the Corporations Act to give a Product Disclosure Statement to the Client); and BBY has an arrangement with one or more Market Participants (each referred to in these Terms as “the (d) sets out the specifications and details of the essential Market Participant”, as applicable) for the execution and terms of each kind of Futures in which BBY deals. clearing of Futures Transactions. 7. TRADING IN FUTURES Under the arrangements with the Market Participant, BBY 7.1 Risks of trading in Futures will, as the Client’s agent, place orders to buy or sell or otherwise deal in Futures with the Market Participant. The Client acknowledges and agrees that: However, BBY will place the order with the Market (a) it understands the risks involved in dealing in Futures Participant in BBY’s name (and not in the name of the and accepts those risks are its own responsibility, Client), despite the fact that BBY is acting as the Client’s and not the responsibility of BBY; and agent. In carrying out this function, BBY (as the Client’s agent) and the Market Participant are bound by the ASIC (b) it has given consideration to its objectives, financial Market Integrity Rules, the ASX 24 Operating Rules and situation and needs and has formed the opinion the customs, usages and practices of ASX 24, to the that dealing in Futures is suitable for the Client’s extent that the futures contract is an ASX 24 Futures purposes. contract. For Futures Transactions that occur on other financial markets, the parties are bound by the rules, customs, usages and practices of the relevant market. 3. NATURE OF BBY’S OBLIGATIONS Despite that BBY may act in accordance with the instructions of, or for the benefit of, the Client, the Client acknowledges that any Futures Transaction arising from any order submitted to ASX 24, or any other market is entered into by the Market Participant as principal, and not BBY nor the Client. In relation to all trades conducted on ASX 24 by the Market Participant and all Contracts registered by the 2 // BBY LIMITED JULY 2014 - VERSION 3.0.0 BBY FUTURES TERMS 7.2 CQG 7.4 Transactions If the Client has been granted access to CQG, the Client The Client acknowledges and agrees that: agrees and acknowledges: (a) the price for a Futures Transaction will be the actual (a) there are significant risks in trading through a price for the Futures Transaction as effected by the system in which is serviced by means of computer Market Participant, regardless of other quoted or and telecommunications systems. The access to screen-based prices or rates; electronic order entry facilities cannot be operated (b) it has a direct and personal strict liability to perform in all circumstances without error including, the obligations under each Futures Transaction without limitation, errors in computer programs entered into on its behalf with the Market Participant, and telecommunications systems. These errors whether or not those obligations are guaranteed to may result in, among other things, a delay in BBY by another person; telecommunications services to the user, interrupted service, faults, inaccuracies in the provision of (c) as between the Client and BBY, the Client is service or inaccuracies generally; responsible for discharging, and must discharge, all obligations and liabilities in connection with the (b) the Client will follow and abide by any policy and Futures Transactions, including making all Margin operational guidelines provided by BBY in relation to payments and paying all losses on the Closing Out access and denial to CQG, including access security of Open Positions; procedures, and to risk management issues before an order is executed via CQG; (d) BBY may be entering into Futures Market Agreements as agent of, and on behalf of, the Client (including (c) only Authorised Persons nominated by the Client or pro forma agreements) and the Client will be bound nominated persons as authorised by BBY may have by the terms of those agreements, whether or not access to CQG; the Client has prior notice of their terms and (to the (d) the Client and BBY will agree in writing to pre- extent permitted by law) BBY will have no liability determined order or position limits, including of any kind whatever to the Client for any default volume per order limit, an aggregate loss limit and an by the Market Participant under a Futures Market aggregate net session limit, for the Client’s trading Agreement or any other person’s default or failure in Futures Transactions. The Client understands of any kind (such as failure of ASX24 or Clearing and agrees that orders in excess of the agreed pre- House); determined limits may be rejected by BBY and/or (e) whether the quoted price includes or excludes the CQG; Futures Transaction fee or other charges depends on (e) BBY may in its absolute discretion amend the pre- the kind of Futures Transaction, the Trading Account determined order or position limit and advise the and regulatory requirements, which information Client in writing of such an amendment as soon as may be obtained from the BBY product disclosure practicable after that; document relating to Futures, or by contacting BBY. (f) the Client, its officers, agents and employees 8. FUTURES MARKET AGREEMENTS will only access CQG in a manner which ensures 8.1 BBY may enter into Futures Market Agreements fairness, efficiency and ongoing protection of market integrity and will comply with all relevant In accordance with the arrangements described in clause Corporations Act requirements relating to antifraud, 2 of these Terms, BBY may enter into one or more Futures anti-manipulation, conduct that is likely to mislead Market Agreements with a Market Participant. The Client or deceive, and any other requirements regulating agrees: abusive market conduct; (a) not to object to, or dispute, the terms of any Futures (g) BBY will arrange for the execution of a Client order as Market Agreement; it is received by BBY through CQG and that the order (b) not to allege that BBY is in breach of these Terms of receipt of a Client’s order may not necessarily or any duty of care or other duty or obligation to the correspond with the sequence in which the Client Client by agreeing to the terms of any Futures Market made the order using CQG; and Agreement; and (h) the Client has demonstrated to the satisfaction of (c) not to take action against BBY for any default by BBY that it has sufficient financial resources to meet another person under the terms of any Futures its obligations under these Terms.
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