Risk Warning

Risk Warning

• Trading in Contracts for Difference carries a high degree of risk and is generally considered suitable only for experienced investors. Before trading Contracts for Difference, ensure you fully understand the risks involved.

• Leveraged products, trading or placing any bets carries a high degree of risk to your capital, and in some circumstances you may be liable for a greater sum than your initial capital invested.

• These products may not be suitable for all types of investor and are suitable only for people over the age of 18.

• If in doubt you are strongly recommended to seek independent financial advice.

• Investment research produced by TCG Securities LLP does not constitute a personal recommendation or offer to make a transaction in any derivatives or securities, and is intended to be general in nature. Information and analysis is offered without regard to the specific circumstances of individual clients.

• Past performance is not necessarily a guide to future performance.


• TCG Securities LLP is an Appointed Representative of Equitrade Markets Ltd which is authorised and regulated by the Financial Services Authority.

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Disclaimer

TradeHarvester is a brand name of TCG Securities LLP.

Information contained in this website has been issued by TCG Securities LLP (“TCG”). TCG is an Appointed Representative of Equitrade Markets Ltd, which is authorised and regulated by the Financial Services Authority in the UK. Your usage of this site is subject to the conditions and limitations stated below and your access and usage of this site means that you (the User) agree to the following conditions:


1. TCG Securities LLP is an Appointed Representative of Equitrade Markets Ltd. Equitrade Markets Ltd is itself authorised and regulated by the Financial Services Authority to provide advice and act as an arranger of Contracts for Difference, Spread Betting, Futures, Options and Foreign Exchange. The investment research offered by TCG is done so without regard to the specific circumstances of individual investors. Before trading or completing any investment transaction in any area covered by this Website the User should seek independent professional advice.

2. TCG accepts no responsibility or liability for any use the User may make of the information on this Website or any associated services advertised on this Website. Advertisements on this Website do not constitute an endorsement by TCG or its editor of the services or products advertised.

3. TCG warns the User that CFD trading carries a high level of risk to the capital of those who trade or bet, and is not suitable for all investors. Those who trade CFDs should only speculate with money they can afford to lose. Before placing any trades they should ensure they fully understand the risks, and seek independent advice.

4. All registered users of the TCG website are treated as retail investors, and therefore they are afforded the greatest protection available under FSA rules.

5. TCG does not warrant the accuracy or reliability of any statements or opinions displayed on this Website.

6. TCG takes no responsibility of any kind for any third party contents or other sites, which the User is able to access through this Website.

7. TCG reserves the right without notice to change the content, presentation and/or facilities of this Website.

8. The information on this website is intended for use by UK residents who are 18 years or older. TCG accepts no liability for compliance with the regulatory requirements or laws of any other country or for the use of the information by any person whose country of residence prohibits the use of such information.

9. The User undertakes not to publish on this Website any matter that is libellous, defamatory, and obscene or otherwise violates any copyright or other law and acknowledges that any submissions, may be edited, removed or modified. Notwithstanding this, the User shall remain solely responsible for the content of his own submissions and shall indemnify TCG accordingly.

10. Whilst TCG makes all reasonable attempts to exclude viruses from the Website it cannot ensure such exclusion and no liability is accepted for viruses. The User is, therefore, recommended to take all appropriate safeguards for downloading information from this Website.

11. TCG reserves the right in its sole discretion to terminate or suspend the User's access to all or part of the Website. TCG reserves the right to charge fees for access to any portion of this Website and all fees and charges shall be invoiced to and payable by the User.

12. Access to certain TCG Content may be subject to a fee. All payments (including applicable taxes) must be made in advance. You may use the Site to purchase products or services from TCG’s third party partners. In that event, your contract for such products will be with the third party partner and not with TCG.

13. These terms and any claim based on use of information from this Website shall be governed by English laws and the parties submit to the exclusive jurisdiction of the courts of England and Wales.

Privacy Policy

The TCG website will ask for some personal details in some parts of the site. However, any information gathered will be used solely by TCG for marketing purposes and or to evaluate the use of the site, your details will not be passed to any other company except to our own affiliates and agents.

Terms of Business

1.0 This Agreement
The terms of the contract between you and us are set out in these terms of business, the cover letter, the account opening form, and the risk disclosures. We refer to them together (as each may be amended or supplemented from time to time) as this Agreement. Please read this Agreement carefully as it contains important provisions concerning your and our rights and obligations in relation to the services we agree to provide you. Please let us know as soon as possible if there is anything that you do not understand. These terms constitute a contract between you and us, TCG Securities LLP (FSA Reference Number 482887), which is an Appointed Representative of Equitrade Markets Ltd (FSA Reference number 441877) which is a firm authorised and regulated by the Financial Services Authority for the conduct of investment business.

1.1 Commencement
This Agreement takes effect when you complete, sign and return the account opening form to us. We will not open your Account until we have approved your account opening form. Please retain a copy of the signed account opening form and the other parts of this Agreement for your records.

1.2 Classification
For the purposes of the FSA rules, we will treat you as a Retail Client. You are entitled to request a different classification, but this would result in a lower level of regulatory protection. As such it is our policy normally to decline such requests. You should contact us if you require any further details. If you are acting as an agent for someone else, we will treat you alone as our customer for the purposes of the FSA rules and you will be liable to that person in respect of your transactions. We will ensure that providing investment research for you we act in your best interests and have available a conflicts of interest policy which sets out our standards. This is available upon request.

1.3 Our capacity
We will provide you with investment research from time to time and in accordance with the specific trading strategy you have chosen to be kept informed about.

1.4 Your Capacity
You act as principal and not as an agent (or trustee) on behalf of someone else. If you are not acting in a principal capacity, please let us know as we have supplemental terms that are suitable for use by agents or trustees.

1.5 Risk and investment objectives
TCG provides investment research. Such research does not constitute a personal recommendation and the research is offered to you without regard to your specific circumstances.

Please note that investing in securities traded on stock exchanges will mean that the values of assets and the income from them may fluctuate. All equity investment is likely to involve significant volatility, particularly over short time horizons. Holding a limited number of equities that do not provide adequate diversification can result in this being exacerbated, and investors in individual equities should be particularly aware of the risks inherent in such an investment strategy. Assessing the relative risk of any security is highly subjective and may change over time. It is not therefore possible to provide precise definitions for the measurement of risk or the potential impact.

1.6 Risk Warning
The value of investments may fall as well as rise and the past performance of investments is not necessarily a guide to future performance. We provide research on the basis of our best judgement at the time and cannot be held responsible if any investment fails to achieve our expectations.


PART 2: SCOPE AND APPLICATION

2.0 Scope of this Agreement
This Agreement sets out the basis on which we will provide investment research. This Agreement supersedes any previous agreement between us on the same subject matter and takes effect when you signify your acceptance of this Agreement. You acknowledge that you have not relied on or been induced to enter into this Agreement by a representation other than those expressly set out in this Agreement. We will not be liable to you (in equity, contract or tort, under the Misrepresentation Act 1967) for a representation, other than a fraudulent misrepresentation, that is not set out in this Agreement. We are obliged by the FSA Rules to comply with certain rules of conduct. However, we assume no greater responsibility or fiduciary duty, other than that imposed by the FSA Rules or the express terms of this Agreement.
PART 3: APPLICABLE REGULATIONS AND EXCHANGE REQUIREMENTS

3.0 Subject to Applicable Regulations
This Agreement is subject to Applicable Regulations so that: (i) if there is any conflict between this Agreement and any Applicable Regulations, the latter will prevail; (ii) nothing in this Agreement shall exclude or restrict any obligation which we have to you under Applicable Regulations; (iii) we may take or omit to take any action we consider necessary to ensure compliance with any Applicable Regulations; (iv) all Applicable Regulations and whatever we do or fail to do in order to comply with them will be binding on you; and (v) such actions that we take or fail to take for the purpose of compliance with any Applicable Regulations shall not render us or any of our directors, officers, employees or agents liable.



3.1 Commissions and fees Disclosure
TCG Securities LLP is rebated a share of these commissions and fees generated on your account. Please be advised that it is in the interest of TCG Securities LLP that your account trades more frequently, which may or may not be in your interest. You should be aware of a potential conflict of interest if you receive trade recommendations from TCG Securities LLP or your chosen brokerage.

PART 4:
4.0 Financial information
We shall assume that all information about you, as set out in your account opening form and in any further document provided to us, is accurate and complete and we will have no responsibility to you if such information changes or becomes inaccurate unless you have informed us in writing of such changes.

4.1 No advice
We shall not be under any obligation to provide advice in relation to the management of your investments.

4.2 Limitations
Where we provide investment research, we give no representation, warranty or guarantee as to its accuracy or completeness or as to the tax consequences of any Transaction. Unless we specifically agree otherwise in writing with you, you hereby acknowledge (i) that the provision of investment research is provided solely to enable you to make your own investment decisions; (ii) that the information provided to other customers may be different from information given to you due to individual analysis of fundamental and technical factors by different personnel and (iii) that such information may not be consistent with the investments of our associates, directors, employees or agents.

4.3 Research and other published information
We will send published research reports and recommendations, advertisements and other publications to you. Where such document contains a restriction on the persons or category of persons for whom that document is intended or to whom it may be distributed, you agree that you will not pass it on to any such person or category of persons. Before despatch, we may have acted upon it ourselves or made use of the information on which it is based. We make no representations as to the time of receipt by you of research reports and cannot guarantee that you will receive such research reports or recommendations at the same time as other customers. Any such published research reports may appear in one or more screen information services. We may provide you access to research reports market commentary and other information in relation to investments. These may appear on our website or other internet service or by email. This information (including any commentary or other opinions) and material are provided to you for informational purposes only and are not to be used or considered as advice or a recommendation to you with respect to such investments. They have been obtained or derived from sources believed by us to be reliable, but we make no representation, warranty or guarantee as to their accuracy or completeness. We make no representations as to when you will receive our research reports. Although we endeavour to send all such material to all our customers on the same Business Day, you may not receive the material at the same time as other customers.

4.4 Securities we advise on
We usually offer investment research on CFDs and Spread Bets on the leading UK, US and European stocks and major financial indices. However, the decision whether or not to offer research, and the choice of CFDs and/or Spread Bets in relation to which we offer research, is at our absolute discretion.

4.5 The basis and scope of research
Our research team uses a combination of fundamental analysis, news information and technical analysis, based on information and data of various kinds derived from one or more of a number of publicly or commercially available sources.

You acknowledge that in formulating the research it is entirely up to us which method of analysis we use on any given occasion (provided the method we actually use is reasonable or generally recognised as valid by a reasonable body of professional opinion). There are a number of different methods of analysis available, and these different methods could lead to differing or conflicting conclusions, even where the information or data on which the different methods of analysis are based is the same. We will not be liable to you for any loss you may sustain as a result of acting on research we give you based on one particular method of analysis, merely on the grounds that you would not have suffered that loss (or your loss would be smaller) if we had based our research on a different method.

You also acknowledge that it is not possible or practicable for us to take into account all available information from all sources when formulating our research. In particular, we will be entitled to disregard certain matters that might otherwise be relevant to your investment decision on a particular occasion, to the extent that those matters fall outside the scope of what is normally taken into account in analysis of the particular kind used by us on that occasion. You acknowledge that research based on a certain set of information could differ from research based on a different set of information. We will not be liable to you for any loss you may sustain as a result of acting on research we give you based on one particular set or kind of information, merely on the grounds that you would not have suffered that loss (or your loss would be smaller) if we had based our research on a different set or kind of information.

It is your responsibility to ask us if you wish to know what information and methods of analysis have or have not been used by us in each individual instance, in order to assess the inherent limitations of the scope of our investment research and to decide how much reliance you wish to place on it.

4.6 The nature of our service

You acknowledge that all investment research we give you is based on assumptions that we make and which we consider to be reasonable for the purposes of advising a hypothetical regular trader of CFDs in relation to the security or related CFD to which the research refers. It is important that you are aware that in formulating our investment research, we consider only the security or related CFD in respect of which we are making a recommendation. We do not assess the individual circumstances (for example any existing exposure to the Security or sector on which we are giving advice) or investment objectives of you or any other specific customer and do not take these factors into account when we formulate research. You agree that we are under no obligation to take account of your individual circumstances and will not do so, even if you have previously made them known to us. You are responsible for determining whether or not you wish to rely on our investment research in light of your individual circumstances.

4.7 Tax advice
We will not provide any tax advice. In addition, we shall not at any time be deemed to be under any duty to provide tax advice.

5. Permitted Investments

5.0 Transactions not on regulated markets.
Our research signals are aimed at being cleared at UK spread betting firms. Trade ideas are formed around standard OTC instruments typically offered by such firms.

5.1 Securities which are "geared"
Many companies, including investment trusts, may increase funds or raise additional capital by issuing debt or borrowing money using an investment strategy known as "gearing" This may enhance investment returns for investors but increases risk and may result in:

(i) movements in the price of the securities being more volatile than the movements in the price of the underlying investments;

(ii) the investment being subject to sudden and large falls in value; and

(iii) you may get back nothing at all if there is a sufficiently large fall in the value of the investment.

TCG Securities LLP will not monitor levels of gearing and will not seek to ensure that gearing ratios are appropriate for the client's risk and investment objectives when providing investment research to clients.

5.2 Illiquid Investments and Non-Readily Realisable Investments. From time to time we may publish investment research concerning an investment which may later become illiquid, or not readily realisable. This means that it may therefore be difficult to sell the investment at a reasonable price and, in some circumstances, it may be difficult to sell it at any price. It may also be difficult to obtain reliable information about its value.

5.3 Restrictions
If you do not inform us of any investments, type of investment or market on which you do not wish us to provide you with investment research then we do so for any investment, on any market. If you are employed by a regulated business, it is your responsibility to obtain the necessary consents before undertaking any transactions as a result of our research.
5.4 Investing in Overseas Markets
From time to time we may provide research on an investment in a security quoted on an overseas exchange.

PART 6: CHARGES AND PAYMENTS
6.0 Charges
You will pay our charges as agreed with you from time to time. Any alteration to charges will be notified to you at or before the time of the change. Our charges will include any applicable value added tax.
6.1 Remuneration and sharing charges
We may receive remuneration from, or share charges with, an associate or other third party in connection with Transactions you carry out. Details of such remuneration or sharing arrangements will be made available to you on request.

6.2 Default interest
If you fail to pay us any amount when it is due, we reserve the right to charge you interest (both before and after any judgement) on any such unpaid amount calculated at the rate as reasonably determined by us to be the cost of funding such overdue amount. Interest will accrue on a daily basis and will be due and payable by you as a separate debt.

6.3 Taxes
You shall at all times be fully responsible for payment of all taxes due and for the making of all related claims whether for exemption from withholding taxes or otherwise, for filing any and/or tax returns and for providing any relevant tax authorities with all necessary information in relation to any investment business you carry out.

PART 7: MATERIAL INTERESTS AND CONFIDENTIALITY

7.0 Material interests
Your attention is drawn to the fact that when we publish investment research, we or an associate or some other person connected with us may have an interest, relationship or arrangement that is material. Without limiting the nature of such interests, examples include where we or an associate could be:-

a. dealing in the investment, a related investment or an asset underlying the investment, as principal for our (or its) own account or that of someone else.
b. holding a position (including a short position) in the investment concerned, a related investment or asset underlying the investment;

c. advising and providing other services to associates or other customers who may have interests in investments or underlying assets which conflict with your own. You accept that we and our associates may have interests which conflict with your interests and may owe duties which conflict with duties which would otherwise be owed to you, and consent to our acting in any manner which we consider appropriate in such cases.

7.1 No liability to disclose or account
We will comply with Applicable Regulations binding on us, but we shall be under no further duty to disclose any interest to you, including any benefit, profit, commission or other remuneration made or received by reason of any Transaction or any matching transaction.

PART 8: CONFLICT OF INTERESTS
8.0 Disclosure to you
We shall not be obliged to disclose to you or take into consideration any fact, matter or finding which might involve a breach of duty or confidence to any other person, or which comes to the notice of any of our directors, officers, employees or agents but does not come to the actual notice of the individual or individuals dealing with you.

8.1 General
We may provide services or enter into transactions in relation to which we have directly or indirectly, a material interest or a relationship of any description with a third party which may involve a conflict of interest or potential conflict of interest with you


PART 9: PERSONAL DATA
9.0 Disclosure to others
We will treat all information we hold about you as private and confidential even when you are no longer a customer. We will not disclose any information we hold about you to others except: (i) to the extent we are required to do so by any Applicable Regulations; (ii) where there is a duty to the public to disclose; (iii) where our interests require disclosure; or (iv) at your request or with your consent.

9.1 Our use of information
You agree that we may hold and process by computer or otherwise any information we hold about you and may use any of that information to administer and operate your account, to provide any service to you and to enable us to carry out statistical and other analysis. You agree that we may disclose that information to other companies in our group for these purposes.

9.2 Disclosure of information
We may also disclose information we hold about you to those who provide services to us or act as our agents, to any person to whom we transfer or propose to transfer any of our rights or duties under this Agreement and to licensed credit reference agencies or other organisations that help us and others make credit decisions and reduce the incidence of fraud or in the course of carrying out identity, fraud prevention or credit control checks. In respect of a joint account, we may disclose to any of you information obtained by us from any of you in relation to the account.

9.3 Marketing
Subject to information provided by you in the account opening form, we may analyse and use the information we hold about you to enable us to give you information (by post, telephone, email or other medium, using the contact details you have given us) about products and services offered by us (or by other companies in our group or selected third parties) which we believe may be of interest to you. If you do not wish to receive marketing information, please let us know by contacting us in writing.

9.4 Access to information
You may have a right of access to some or all of the information we hold about you, or to have inaccurate information corrected, under data protection law. If you wish to exercise either of these rights, please contact us in writing.

9.5 Transfer of information
You agree that we may also transfer information we hold about you to any country, including countries outside the European Economic Area which may not have data protection laws, for any of the purposes described in this clause.

10 Third Party brokers and other agents

10.0 By signing this agreement you accept that TCG Securities LLP, its directors, officers or agents shall not be liable whatsoever for any breach of your terms of agreement with your broker, and we have no obligation to ensure that you or any agents you may act for or on behalf of comply with the terms of that agreement. By signing this agreement you accept that TCG Securities LLP is not in any way bound by the terms of your agreement with your broker. Neither we nor our respective directors, officers, employees or agents will be liable to you for any act or omission of an intermediate broker or agent. No responsibility will be accepted for intermediate brokers or agents selected by you.

PART 11: YOUR MONEY
TCG Securities LLP is not authorised to hold client funds.

PART 12: MONEY LAUNDERING RULES
In order to open your account we are obliged by our regulator, the Financial Services Authority, to verify your identity. The details you supply may therefore be checked on our behalf by Equifax and/or Experian (this is not a credit check). We will also require a certified copy of a driver’s license or passport, and a utility bill dated within the last six months.

PART 13: DEFAULT AND TERMINATION
13.1 Termination
Unless required by Applicable Regulations, either party may terminate this Agreement (and the relationship between us) by giving 10 days written notice of termination on the other. We may terminate this Agreement immediately if you fail to observe or perform any provision of this Agreement or in the event of your insolvency

13.2 Existing rights
Termination shall not affect then outstanding rights and obligations (in particular relating to the clauses headed Exclusions, Limitations and Indemnity, Miscellaneous and Governing Law and Jurisdiction and Transactions which shall continue to be governed by this Agreement and the particular clauses agreed between us in relation to such Transactions until all obligations have been fully performed.

PART 14: EXCLUSIONS, LIMITATIONS AND INDEMNITY
14.1 General exclusion
Neither we nor our directors, officers, employees or agents shall be liable for any direct or indirect losses, damages, costs or expenses incurred or suffered by you under this Agreement unless arising directly from our or their respective gross negligence, wilful default or fraud. In no circumstances shall we have any liability for consequential or special damage. Nothing in this Agreement will limit our liability for death or personal injury resulting from our negligence.

Without limiting the scope of Clause 14.1, neither we nor our directors, officers, employees or agents shall be liable for any;
(a) representation (other than a fraudulent misrepresentation) that is not set out in this agreement
(b) act or omission of any third party executing, clearing or settlement broker or agent;
(c) loss caused by the exercise or attempted exercise of, failure to exercise, or delay in exercising a right or remedy;
(d) adverse tax implications of any Transaction whatsoever
(e) loss suffered as a result of relying on a confirmation where you knew or ought to have known that it contained an error or;
(f) loss suffered as a result of any delay or change in market conditions between issuing our investment research and you effecting any particular Transaction.

14.2 Tax implications
Without limitation, we do not accept liability for any adverse tax implications of any Transaction whatsoever.

14.3 Changes in the market
Without limitation, we do not accept any liability by reason of any delay or change in market conditions between issuing our investment research and you effecting any particular Transaction.

14.4 Force majeure
We shall not be liable to you for any partial or non-performance of our obligations hereunder by reason of any cause beyond our reasonable control, including without limitation any breakdown, malfunction or failure of transmission, communication or computer facilities, industrial action, acts and regulations of any governmental or supra national bodies or authorities or the failure of any relevant intermediate broker, agent or principal of ourselves, custodian, sub custodian, dealer, exchange, clearing house or regulatory or self-regulatory organisation, for any reason, to perform its obligations.

14.5 Liability and Indemnity
In accepting these terms and conditions you agree to indemnify TCG Securities LLP (and Equitrade Markets Ltd) against any liability (including legal costs) incurred arising from the provision of its services in relation to your account, any breach by you of the provisions of this agreement or any failure to make delivery or payment when due. Furthermore we shall not be liable for any losses you incur if we fail, interrupt or delay in performing our obligations under this agreement in order to avoid damage to Equitrade Capital Ltd employees, property or reputation. TCG Securities LLP (and Equitrade Markets Ltd) shall not be liable for loss arising other than as a result of its own negligence or wilful default or contravention of FSA rules and, in any event, will not be liable for any indirect or consequential loss (including loss of profit), TCG Securities LLP (and Equitrade Markets Ltd) shall have no liability for any market or trading losses you may incur.

14.6 Assignment
Your acceptance of these terms and conditions is personal to you and your personal representatives and your rights and obligations may not be transferred or assigned to any third party without our prior written agreement. We may assign our rights and obligations as set out in these terms and conditions under this Agreement to any person connected with us or to any successor company on giving written notice to you to that effect.

14.7 Illegality
If any provision of these terms and conditions or any part thereof shall become or be declared illegal, invalid, or unenforceable for any reason whatsoever, such term, provision or part shall be divisible from these terms and conditions and shall be deemed to be deleted from these terms and conditions.

14.8 Variation
You accept that TCG Securities LLP may change or add to any of the terms and conditions. In the event of any variation or amendment of the agreement we will send you a written notice of the change or addition which shall include the date from which the change or addition shall be effective from. Please note that we shall not give you less than 10 working days’ notice of any amendments, unless it is impractical to do so. You are deemed to have consented to any alteration that may be effected by these terms and conditions if we do not receive notification otherwise from you, in writing, within the time that the changes were notified to you and their coming into effect.

14.9 Account Closure
Both you and TCG Securities LLP have the right to close your account with us. Such closure will be without prejudice. If you wish to close your account you should notify us, in writing, of your intention to do so, which will be effective immediately upon receipt by Equitrade Capital Ltd. Should we wish to terminate this agreement we will give you 10 days’ notice of our intention to do so. Any charges accrued to TCG Securities LLP will become due and payable at the expiry of this notice period.
14.9.1 Cancellation
You may cancel an agreement for any of our services within 10 days of commencement irrespective of any rights under the Distance Marketing Directive. Such notice of termination must be in writing. You should be aware that any reasonable out of pocket expenses will not be refunded.
14.9.2 Jurisdiction
These arrangements are governed by and shall be construed in accordance with English law and you hereby submit to the nonexclusive jurisdiction of the English courts.

PART 15: MISCELLANEOUS
15.0 Amendments
We may amend this Agreement where the amendment does not materially affect your rights hereunder, by not less than 10 business days written notice to you, except where it is impracticable in the circumstances. Such amendment will become effective on the date specified in the notice. Any other amendment must be agreed in writing between us. Unless otherwise agreed, an amendment will not affect any legal rights or obligations which may already have arisen.

15.1 Notices
Unless otherwise agreed, all notices, instructions and other communications to be given by one of us to the other under this Agreement shall be given by e-mail and to the individual or department specified in the account opening form in respect of you and or by notice in writing by such party.

15.2 Complaints procedure
We have internal procedures for handling complaints fairly and promptly. You may submit a complaint to us, for example by letter, telephone, e- mail, or in person. We will send you a written acknowledgement of your complaint within five days of receipt enclosing details of our complaints procedure. Please contact us if you would like further details regarding our complaints procedures which includes our Complaints Handling Procedures booklet, write to: The Compliance Officer, Equitrade Markets,17-19 Bedford Road London WC2E 9HP, London. If you are not satisfied with our response, you have the right to complain to the Financial Ombudsman Service. The Financial Ombudsman Service can be contacted as follows:
Address: South Quay Plaza,
183 Marsh Wall,
London,
E14 9SR
15.3 Time of essence
Time shall be of the essence in respect of all obligations of yours under this Agreement (including any Transaction).

15.4 Joint and several liability
If you are a partnership, or otherwise comprise more than one person, your liability under this Agreement shall be joint and several. In the event of the death, bankruptcy, winding-up or dissolution of any one or more of such persons, then (but without prejudice to the above or our rights in respect of such person and his successors) the obligations and rights of all other such persons under this Agreement shall continue in full force and effect.

15.5 Rights and remedies
The rights and remedies provided under this Agreement are cumulative and not exclusive of those provided by law. We shall be under no obligation to exercise any right or remedy either at all or in a manner or at a time beneficial to you. No failure by us to exercise or delay by us in exercising any of our rights under this Agreement or otherwise shall operate as a waiver of those or any other rights or remedies. No single or partial exercise of a right or remedy shall prevent further exercise of that right or remedy or the exercise of another right or remedy.

15.6 Set-off
Without prejudice to any other rights to which we may be entitled we may at any time and without notice to you set off any amount (whether actual or contingent, present or future) at any time owing between you and us.

15.7 Partial invalidity
If, at any time, any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, neither the legality, validity or enforceability of the remaining provisions of this Agreement nor the legality, validity or enforceability of such provision under the law of any other jurisdiction shall in any way be affected or impaired.

15.8 Recording of calls
We may record telephone conversations without use of a warning tone. Such records will be our sole property and accepted by you as evidence of the conversation.

15.9 Our records
Our records, unless shown to be wrong, will be evidence of your dealings with us in connection with our services. You will not object to the admission of our records as evidence in any legal proceedings because such records are not originals, are not in writing or are documents produced by a computer. You will not rely on us to comply with your record keeping obligations, although records may be made available to you on request at our absolute discretion.

15.9.1 Your records
You agree to keep adequate records in accordance with Applicable Regulations.
15.9.2 Third Party Rights
A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of this Agreement.

15.9.3 Co-operation for proceedings
If any action or proceeding is brought by or against us in relation to this Agreement or arising out of any act or omission by us required or permitted under this Agreement, you agree to co-operate with us to the fullest extent possible in the defence or prosecution of such action or proceeding.

15.9.4 Risk Warning
Trading in Contracts for Difference may only be suitable for investors with experience and residual liquid disposable capital. You may lose all of your initial stake through the use of leverage and may be required to make additional payments by way of margin on a frequent and sometimes daily basis. Failure to do so can result in the closure of part or all of your position.

However, you can reduce risk by using stop losses and TCG Securities LLP will provide details of these in published research where applicable. The value of an investment in a Contract for Difference may be affected by a variety of factors, including but not limited to, price volatility, market volume, foreign exchange rates and liquidity. CFD’s are a short term trading tool and commission is charged on the leveraged amount (not the deposit) and therefore costs can build up when frequently traded. You should evaluate potential losses against affordability. Past performance is not necessarily a guide to future performance.

PART 16: REGULATORY AND OTHER MATTERS


16.0 Financial Services Compensation Scheme
Equitrade Markets Ltd is a participant in the Financial Services Compensation Scheme, which, subject to certain exceptions, provides limited compensation in respect of eligible liabilities if we are in default. This scheme currently covers 100% of the first £50,000 per person per firm. The right to claim under this scheme will only arise if you qualify as an eligible investor, which, for the purpose of this scheme, applies only to Retail Customers as defined by the FSA. Further information can be obtained from the FSA or the Financial Services Compensation Scheme.

16.2 Marketing
We will send you details of our new products, which, we believe, may be of interest to you. If you do not wish to receive marketing information or if your details change, please notify us in writing.

16.3 Credit Checking
In connection with this arrangement, we may carry out a credit check with a licensed credit reference agency, which will retain a record of that search. This information may be used by other stockbrokers, financial institutions, etc in assessing applications for credit by you and members of your household, and for occasional debt tracing and fraud prevention purposes.

16.4 Confidentiality
We have responsibilities under money laundering regulations to verify your identity. We may need to make certain enquires and obtain certain information from you for that purpose. You confirm that all information you supply will be accurate and accept that we may need to pass this information to a third party to comply with our reporting requirements.

16.5 Data Protection Act 1998
We may use, store or otherwise process personal information provided by you or us in connection with the provision of our services for the purposes of providing the services, administering your account or for purposes ancillary thereto, including, without limitation, for the purposes of credit enquiries or assessments. The information we hold about you is confidential and will not be used for any purpose other than in connection with the provision of our services. Information of a confidential nature will be treated as such provided that such information is not already in the public domain. Information of a confidential nature will only be disclosed outside the group of companies to which we belong in the following circumstances: where required by law or if requested by any regulatory authority or exchange having control or jurisdiction over us (or any respective associate); to investigate or prevent fraud or other illegal activity; to any third party in connection with the provision of services to you by us; for purposes ancillary to the provision of the services or the administration of your account, including, without limitation, for the purposes of credit enquiries or assessments; if it is in the public interest to disclose such information; at your request or with your consent. Please be advised that, by signing your account Opening Form, you will be consenting to the transmittal of your data outside of the EU/EEA. In accordance with the Data Protection Act 1998, you are entitled, on payment of a fee, to a copy of the information we hold about you. In the first instance, you should direct any such request to us. You should let us know if you think any information we hold about you is inaccurate, so that we may correct it. In accordance with the record retention statement below, you will not be at liberty to request the destruction or deletion of any record pertaining to yourself unless we are required to do so by force of law or other regulatory requirement

16.6 Record Retention
In accordance with legal and regulatory requirements, TCG Securities LLP will retain your records, for a minimum period of six years following the termination of any relationship between us. This period may be extended by force of law, regulatory requirement or agreement amongst us.

PART 17: GOVERNING LAW AND JURISDICTION
17.0 Governing law
A Transaction which is subject to the Rules of an Exchange shall be governed by the law applicable to it under those Rules. Subject thereto, this Agreement shall be governed by and construed in accordance with English law.

17.1 Jurisdiction
Each of the parties irrevocably agrees for our benefit that the courts of England shall have jurisdiction to determine any suit, action or other proceedings relating to this Agreement ("Proceedings") and irrevocably submits to the jurisdiction of such courts (provided that this shall not prevent us from bringing an action in the courts of any other jurisdiction); and b. waives any objection which it may have at any time to the laying of venue of any Proceedings brought in any such court and agrees not to claim that such Proceedings have been brought in an inconvenient forum or that such court does not have jurisdiction over it.

17.2 Waiver of immunity and consent to enforcement
You irrevocably waive to the fullest extent permitted by applicable law, with respect to yourself and your revenue and assets (irrespective of their use or intended use) all immunity on the grounds of sovereignty or other similar grounds from (i) suit, (ii) jurisdiction of any courts, (iii) relief by way of injunction, order for specific performance or for recovery of property, (iv) attachment of assets (whether before or after judgment) and (v) execution or enforcement of any judgment to which you or your revenues or assets might otherwise be entitled in any Proceedings in the courts of any jurisdiction and irrevocably agree that you will not claim any immunity in any Proceedings. You consent generally in respect of any Proceedings to the giving of any relief or the issue of any process in connection with such Proceedings, including, without limitation, the making, enforcement or execution against any property whatsoever (irrespective of its use or intended use) of any order or judgment which may be made or given in such Proceedings.
17.3 Service of process
If you are situated outside England and Wales, process by which any Proceedings in England are begun may be served on you by being delivered to [the address nominated by you for this purpose in the account opening form]. This does not affect our right to serve process in another manner permitted by law.

PART 18: RISK WARNING NOTICE
This notice provided by TCG Securities LLP is being sent to you as a Retail Customer in compliance with the Rules of the Financial Services Authority (“FSA”). Retail Customers are afforded a greater protection under these rules than other customers. This notice does not disclose all of the risks and other significant aspects of financial products traded on margin such as futures, options and contracts for differences. You should not deal in financial products traded on margin unless you understand the nature of the contract you are entering into and the extent of your exposure to risk. You should also be satisfied that the contract is suitable for you in the light of your circumstances and financial position. Certain strategies, such as a “spread” position or a “straddle”, may be as risky as a simple “long” or “short” position.

Whilst some financial products can be utilised for the management of investment risk, some are unsuitable for many investors. Different instruments involve different levels of exposure to risk, and in deciding whether to trade in such instruments you should be aware of the following points.


i) CONTINGENT LIABILITY TRANSACTIONS
Contingent liability transactions, such as financial products traded on margin, will require you to make a series of payments against the purchase price, instead of paying the whole purchase price immediately.

If you trade in futures, contracts for differences or sell options you may sustain a total loss of the margin you deposit with the broker to establish or maintain a position. If the market moves against you, you may be called upon to pay substantial additional monies or margin at short notice to maintain the position. If you fail to do so within the time required, your position may be liquidated at a loss and you will be liable for any resulting deficit.

Even if a transaction is not margined, it may still carry an obligation to make further payments in certain circumstances over and above any amount paid when you entered the contract.

You should carry out margined or other contingent liability transactions whenever possible on or under the rules of a recognised or designated investment exchange. However, contingent liability transactions entered into by you which are not traded on or under the rules of a recognised or designated investment exchange (such as foreign exchange transactions) may expose you to substantially greater risks.

ii) CONTRACTS FOR DIFFERENCES (“CFD’s”) and Spread Bets
Stocks or equities traded on margin are referred to as CFD’s. CFD’s can also be options and futures on the FTSE 100 index or any other index, as well as currency and interest rate swaps. However, unlike other futures and options, these contracts can only be settled in cash. Investing in CFD’s carries the same risks, as investing in futures or options contracts and you should be aware of these as set out in point 2 and 3 above. Transactions in contracts for differences may also have a contingent liability and you should be aware of the implications of this as set out in point 1 above.

iii). COMMISSIONS
Before you begin to trade, you should obtain details of all commissions and other charges for which you will be liable. With respect to CFDs and spread bets trading, commissions are often included in the transaction price. If this is the case, it is important to ascertain from your broker the size of the buy/sell spread quoted.

iv) STOP-LOSS ORDERS
Placing a stop-loss order will not necessarily limit your losses to the intended amounts, because market conditions may make it impossible to execute such an order at the stipulated price.

v) CLEARING HOUSE PROTECTIONS
On many securities and futures exchanges, the performance of a transaction by the broker (or any third party with whom it is dealing on your behalf) is “guaranteed” by the exchange or its clearing house. However, you should be aware that such a guarantee does not apply to Foreign Exchange transactions since there is no clearing house for Foreign Exchange /O.T.C. off-exchange instruments as they are not traded under the rules of a recognised or designated investment exchange.


vi) INSOLVENCY
Insolvency or default, of any other brokers involved with your transaction(s), may lead to positions being liquidated or closed out without your consent. In certain circumstances, you may not get back the actual assets which you lodged as Collateral and you may have to accept any available payment in cash. You also understand that your broker does not accept liability for any insolvency of, or default by, other brokers involved with your transactions.

Research Terms & Conditions

TCG Research is produced by TCG Securities LLP, which is an appointed representative of Equitrade Markets Ltd, which is authorised and regulated by the Financial Services Authority. The Research Service is provided by TCG Securities LLP for information purposes only. The research and analysis is provided to help you make your own trading decisions, it is general in nature and does not constitute an offer or a recommendation to enter into any transaction. The opinions contained in the Reports are considered by TCG Securities LLP to be valid when published. Whilst TCG Securities LLP has taken all reasonable steps to ensure this information is correct, TCG Securities LLP does not offer any warranty as to the accuracy or completeness of such information. Any person placing reliance on the Reports to undertake trading does so entirely at their own risk and TCG Securities LLP does not accept any liability as a result.

Securities and Derivatives markets may be subject to rapid and unexpected price movements and past performance is not necessarily a guide to future performance. Before trading Contracts for Difference or spread betting, ensure you fully understand the risks involved. Trading in these markets is generally considered to be suitable only for the more experienced investor as it carries a high degree of risk. The investor may not receive back the amount of his original investment and in certain circumstances may be liable for a greater sum than this. Foreign currency denominated securities and financial instruments are subject to fluctuations in exchange rates that may have a positive or negative effect on their value. Leveraged products carry a high degree of risk for your capital, and in some circumstances you may be liable for a greater sum than your initial capital invested. If in any doubt, please seek independent financial advice.

Some services on this web site password protected to restrict access. Services may also not be available to certain investors due to regulatory or other constraints either in the UK or elsewhere. You are advised that most services, including full subscription to the Research Service, are only available following completion of TCG Securities LLP account opening requirements. Further information is available on request at sales@tcgsecurities.co.uk. TCG Securities LLP will treat your personal data in line with its Privacy Policy. Please be aware our telephone lines may be recorded for monitoring or training purposes.

Disclaimer/Privacy Policy

TradeHarvester is a brand name of TCG Securities LLP.

Information contained in this website has been issued by TCG Securities LLP (“TCG”). TCG is an Appointed Representative of Equitrade Markets Ltd, which is authorised and regulated by the Financial Services Authority in the UK. Your usage of this site is subject to the conditions and limitations stated below and your access and usage of this site means that you (the User) agree to the following conditions:


1. TCG Securities LLP is an Appointed Representative of Equitrade Markets Ltd. Equitrade Markets Ltd is itself authorised and regulated by the Financial Services Authority to provide advice and act as an arranger of Contracts for Difference, Spread Betting, Futures, Options and Foreign Exchange. The investment research offered by TCG is done so without regard to the specific circumstances of individual investors. Before trading or completing any investment transaction in any area covered by this Website the User should seek independent professional advice.

2. TCG accepts no responsibility or liability for any use the User may make of the information on this Website or any associated services advertised on this Website. Advertisements on this Website do not constitute an endorsement by TCG or its editor of the services or products advertised.

3. TCG warns the User that CFD trading carries a high level of risk to the capital of those who trade or bet, and is not suitable for all investors. Those who trade CFDs should only speculate with money they can afford to lose. Before placing any trades they should ensure they fully understand the risks, and seek independent advice.

4. All registered users of the TCG website are treated as retail investors, and therefore they are afforded the greatest protection available under FSA rules.

5. TCG does not warrant the accuracy or reliability of any statements or opinions displayed on this Website.

6. TCG takes no responsibility of any kind for any third party contents or other sites, which the User is able to access through this Website.

7. TCG reserves the right without notice to change the content, presentation and/or facilities of this Website.

8. The information on this website is intended for use by UK residents who are 18 years or older. TCG accepts no liability for compliance with the regulatory requirements or laws of any other country or for the use of the information by any person whose country of residence prohibits the use of such information.

9. The User undertakes not to publish on this Website any matter that is libellous, defamatory, and obscene or otherwise violates any copyright or other law and acknowledges that any submissions, may be edited, removed or modified. Notwithstanding this, the User shall remain solely responsible for the content of his own submissions and shall indemnify TCG accordingly.

10. Whilst TCG makes all reasonable attempts to exclude viruses from the Website it cannot ensure such exclusion and no liability is accepted for viruses. The User is, therefore, recommended to take all appropriate safeguards for downloading information from this Website.

11. TCG reserves the right in its sole discretion to terminate or suspend the User's access to all or part of the Website. TCG reserves the right to charge fees for access to any portion of this Website and all fees and charges shall be invoiced to and payable by the User.

12. Access to certain TCG Content may be subject to a fee. All payments (including applicable taxes) must be made in advance. You may use the Site to purchase products or services from TCG’s third party partners. In that event, your contract for such products will be with the third party partner and not with TCG.

13. These terms and any claim based on use of information from this Website shall be governed by English laws and the parties submit to the exclusive jurisdiction of the courts of England and Wales.

Privacy Policy

The TCG website will ask for some personal details in some parts of the site. However, any information gathered will be used solely by TCG for marketing purposes and or to evaluate the use of the site, your details will not be passed to any other company except to our own affiliates and agents.

Order Execution Policy