Trusted Broker | Gold & CFD Trading – JinTrust Markets Limited

Terms & Conditions

INTRODUCTION

The terms and conditions below constitute the terms of the Agreement between the Company registered as JinTrust Markets Limited. (collectively, the “Company” or “we”) and the Client (“you”). It is agreed these terms and conditions are accepted in full on submitting an application to use JinTrust Markets Limited. ‘s brokerage services.
All references to the plural herein shall also mean the singular and to the singular shall also mean the plural unless the context otherwise requires.
The Agreement governs the provision of JinTrust Markets Limited.’s services to the Client and shall govern all dealings between JinTrust Markets Limited. and the Client with respect to such services.

COMMENCEMENT

By submitting a JinTrust Markets Limited. Account application form to JinTrust Markets Limited., the Client agrees to be bound by the terms of this Agreement which may be amended and/or restated from time to time.
These terms and conditions, including the High Risk Investment Notice and any attached notices or schedules which may be amended and/or restated from time to time, form the Agreement between JinTrust Markets Limited. and the Client (collectively, the “Agreement”).
This Agreement comes into effect upon acceptance of the Client’s application by JinTrust Markets Limited. at our office or processing centre and shall supersede any previous agreement on the same subject matter.
JinTrust Markets Limited. will notify the Client of such acceptance in writing or by electronic communication. JinTrust Markets Limited. may vary or amend the terms of this Agreement at any time upon notice to you. You will be deemed to have accepted any such amendment if you continue to use the services.
Notwithstanding anything in this Agreement to the contrary, JinTrust Markets Limited.’s obligations under this Agreement are expressly conditioned on the Client paying JinTrust Markets Limited. the minimum deposit before the Client executes the first transaction. See Section 6.1 on Client Money.
The minimum initial deposit is USD$100.
The Agreement shall be effective from the day described in this Section 2.3, until its termination as described in Sections 15.4 and 15.5, or in the Event of Default (see Section 18).

ACKNOWLEDGEMENT

You acknowledge that you have read, understood and accepted JinTrust Markets Limited.’s Terms and Conditions, including the Privacy Policy, the Trading Execution Risks and the Schedule A (“High Risk Investment Notice”), as well as any information (legal or otherwise) posted on the Company’s website, which may be amended by JinTrust Markets Limited. from time to time.
The Client acknowledges that the primary business of JinTrust Markets Limited. is that of a brokerage service and the official language is English.

SERVICES

JinTrust Markets Limited. will offer execution-only brokerage services, under a straight through processing method (STP), to the Client in relation to transactions in rolling spot foreign exchange contracts and such additional services as JinTrust Markets Limited. may agree from time to time.
JinTrust Markets Limited. will not advise the Client on the merits or suitability of any transaction entered into pursuant to this Agreement. JinTrust Markets Limited. will not manage nor monitor the Client’s investments. JinTrust Markets Limited.’s execution of any order on the Client’s behalf does not in any way imply any approval or recommendation of that transaction. Although JinTrust Markets Limited. is not required to explain to the Client any risks that may arise because of a particular transaction, JinTrust Markets Limited. have set out various risk disclosures attached to this Agreement for the Client’s information.
The counterparty to the Client’s transactions will be JinTrust Markets Limited., Saint Vincent and the Grenadines. The Client will enter each transaction with JinTrust Markets Limited. as principal and not as agent on behalf of someone else unless otherwise agreed in writing by JinTrust Markets Limited.. JinTrust Markets Limited. shall be responsible to the Client alone and shall have no duties or obligations to the Client’s underlying clients (if any).
Nothing in this Section shall limit JinTrust Markets Limited.’s ability to offer principal to principal or principal to agent transactions.
JinTrust Markets Limited. will not, unless specifically agreed to in writing with the Client, be acting in a fiduciary capacity or provide any personal recommendation to the Client in respect of, nor provide any advice to the Client on the merits of, any transaction in financial instruments. Accordingly, you the Client should make your own assessment of any transaction that you are considering in the light of your own objectives and circumstances, including but not limited to, the possible risks and benefits of entering that transaction. The Client should not rely on any information, proposal or other communication from JinTrust Markets Limited. as being a recommendation or advice in relation to that transaction.
JinTrust Markets Limited. may offer other services from time to time that are governed by different or additional terms and conditions. The services offered hereunder are subject to any disclosures or disclaimers found within the JinTrust Markets Limited. website.
JinTrust Markets Limited. reserve the right to modify or discontinue, temporarily or permanently, a service (or any part thereof) with or without notice. The Client agrees that JinTrust Markets Limited. will not be liable to the Client or to any third party for any modification, suspension or discontinuance of a service.

CONFLICTS OF INTEREST

JinTrust Markets Limited. and our affiliates provide services in respect of a wide range of investment related activities to many different clients, some of which JinTrust Markets Limited. or another JinTrust Markets Limited. affiliated entity may have an interest, relationship or arrangement that is material in relation to a transaction effected with or for the Client (or the investment that is the subject of the transaction) or that could give rise to a conflict of interest.
JinTrust Markets Limited. shall not be obliged to disclose to the Client or take into consideration any fact, matter or finding that might involve a breach of duty or confidence to any other person, or that 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 the Client.

CLIENT MONEY

All funds via Wire Transfer to JinTrust Markets Limited. should be made payable to JinTrust Markets Limited.. There are other funding methods which can be accessed via the Member’s Area.
When making a transfer, funds should reference the Client’s name and account number.
The Client agrees and acknowledges that full title to and ownership of all funds that have been transferred to JinTrust Markets Limited. by the Client or otherwise passed to JinTrust Markets Limited. for the purpose of securing or otherwise covering the Client’s present or future, actual or contingent or prospective obligations, and that such funds do not constitute and shall not at any time be deemed to constitute Client Money. The Client will rank as a general creditor of JinTrust Markets Limited..
JinTrust Markets Limited. may need to pass money received from the Client to a third party (e.g. a market, intermediate broker, OTC counterparty or clearing house) to hold or control in order to effect a transaction through or with that person or to satisfy the Client’s obligation to provide collateral (e.g. Initial Margin requirement) in respect of a transaction. JinTrust Markets Limited. has no responsibility for any acts or omissions of any third party to whom we pass money received from the Client.
The third party to whom JinTrust Markets Limited. passes money may hold it in an omnibus account and it may not be possible to separate it from JinTrust Markets Limited.’s money, or the third party’s money. In the event of the insolvency or any other analogous proceedings in relation to that third party, JinTrust Markets Limited. will only have an unsecured claim against the third party on behalf of the Client and other clients, and the Client will be exposed to the risk that the money received by JinTrust Markets Limited. from the third party is insufficient to satisfy the claims of the Client and all other clients with claims in respect of the relevant account.
JinTrust Markets Limited. may hold Client Money on the Client’s behalf outside the Saint Vincent and the Grenadines region. The legal and regulatory regime applying to any such bank or person will be different from that of the Client’s country of residence and in the event of the insolvency or any other analogous proceedings in relation to that bank or person, the Client’s money may be treated differently from the treatment which would apply if the money was held with a bank in an account in the Client’s country of residence. JinTrust Markets Limited. will not be liable for the insolvency, acts or omissions of any third party referred to in this Section.
The Client agrees that JinTrust Markets Limited. may cease to treat the Client’s money as Client Money if there has been no movement on the account balance for six (6) years. JinTrust Markets Limited. shall write to you at your last known email informing you that we will no longer treat the balance as Client Money unless you make a claim in twenty-eight (28) days.
The Client acknowledges and agrees that JinTrust Markets Limited. will not pay interest on Client Money or any other unencumbered funds. The Client expressly waive any entitlement to interest under the Client Money rules or otherwise. JinTrust Markets Limited. is not responsible for the solvency, acts or omissions of any bank or other third party with which Client Money is held.
You the Client must inform JinTrust Markets Limited. of any uncredited funds and/or unreceived balance within six (6) months of remitting the funds, failing which, you shall waive your right to ownership of the funds.

COMMISSIONS, CHARGES AND OTHER COSTS

The Client shall pay to JinTrust Markets Limited. such fees and charges as notified by JinTrust Markets Limited. to the Client. These will include charges in respect of automatic rollover of the open positions pursuant to Section 26.
The Client is responsible for the payment of any other charges that may be incurred as a result of the provision of services to the Client, including commissions, charges and other costs.
JinTrust Markets Limited. may vary commissions, charges and other costs from time to time without prior written notice to the Client. Changes in commissions, charges and other costs posted on the website shall be considered due notice.
JinTrust Markets Limited. may pay or receive fees, commissions, or non-monetary benefits to or from our affiliates or other third parties where permitted. JinTrust Markets Limited. may pay a fee or commission to any third party who introduces business to the Company. JinTrust Markets Limited. is not required to provide a separate disclosure of the essential arrangements related to any such fee or commission.
The Client shall pay a transfer fee, as determined by JinTrust Markets Limited., if the Client instructs JinTrust Markets Limited. to transfer open positions, moneys, and/or property relating to the Client’s account to another institution.
All fees and charges are due and payable immediately. Any sums due to JinTrust Markets Limited. pursuant to this Agreement may be deducted by JinTrust Markets Limited. from the proceeds of any transaction or debited from the Client’s account with JinTrust Markets Limited.. In the event of late payment by the Client, overdue amounts shall bear interest at three percent (3%) per month over the base rate of JinTrust Markets Limited. (or such lesser amount as may be permitted by Applicable Regulations).
All payments by the Client to JinTrust Markets Limited. under this Agreement for any fees due hereunder will be exclusive of any sales, use, service, value added or withholding taxes, or any other levy, tariff, duty or tax of any kind whatsoever imposed by any governmental authority with respect to the services rendered or expenses incurred by JinTrust Markets Limited. hereunder (other than a tax imposed upon JinTrust Markets Limited. ‘s income). The Client shall pay, within fifteen (15) days of receipt of the applicable JinTrust Markets Limited. invoice(s), any such tax whenever such tax is imposed by a governmental authority.
The Client shall pay all expenses, including reasonable attorneys’ fees and disbursements, reasonably incurred by JinTrust Markets Limited. in endeavouring to collect any amounts payable hereunder that are not paid when due.
The Client may enter Limited Power of Attorney agreements with third parties to allow them to trade on the Client’s behalf. JinTrust Markets Limited. will not be responsible for any losses arising from such agreements.
In addition to JinTrust Markets Limited.’s commissions and charges, there may be certain taxes and costs which are not paid through or imposed by JinTrust Markets Limited..
Although investing in forex and CFDs does not involve taking physical delivery of the underlying financial instrument, independent tax advice should be sought, if necessary, to establish whether the Client is subject to any tax, including stamp duty.
The Client shall be solely responsible for all filings, tax returns and reports on any transactions which should be made to any relevant authority, whether governmental or otherwise, and for payment of all taxes (including but not limited to any transfer or value added taxes), arising out of or in connection with any transaction.

CURRENCY FLUCTUATIONS

If the Client enters into any currency transaction:
1. any profit or loss arising from fluctuations in the exchange rate affecting such currency will be entirely for the Client’s account which the Client bears all risk;
2. all initial and subsequent deposits for Margin purposes shall be made in the currency of the Client’s account, in such amounts as JinTrust Markets Limited. may in our sole and absolute discretion require; and
JinTrust Markets Limited. is authorized to convert funds in the Client’s account for Margin into and from such foreign currency at a rate of exchange determined by JinTrust Markets Limited. on the basis of the then prevailing money market rates.
In such circumstances, JinTrust Markets Limited. will not be liable to the Client for any loss suffered by the Client or any third party as a result of such action (although, JinTrust Markets Limited. will use reasonable endeavours to only convert such funds as may reasonably be required to cover the position in respect of the relevant transaction).
If JinTrust Markets Limited. receives or recovers any amount in respect of any of the Client’s obligations in a currency other than that in which such amount was payable, whether pursuant to a judgement of any court or otherwise, the Client will indemnify and hold JinTrust Markets Limited. harmless from and against any cost (including costs of conversion and loss suffered by JinTrust Markets Limited. as a result of receiving such amount in a currency other than the currency in which it was due).

MARGIN DEPOSITS AND COLLATERAL

As a condition of entering a margined transaction, JinTrust Markets Limited. may in our sole and absolute discretion require the deposit of funds or other collateral acceptable to JinTrust Markets Limited. as security for payment of any losses incurred by the Client in respect of the transaction (“Initial Margin”). Initial Margin is due and payable immediately as a condition to opening the relevant margined transaction and JinTrust Markets Limited. may decline to open any margined transaction if the Client does not have sufficient available cash in the account to satisfy the Initial Margin required for that transaction at the time the relevant order is placed.
Margin requirements may be set and varied without prior notice from time to time at JinTrust Markets Limited.’s sole and absolute discretion including without limitation subsequent variation of any margin rates set at the time that a margined transaction is opened (“Variation Margin” together with Initial Margin, collectively, “Margin”).
Margin shall be provided by or on behalf of the Client in cash to JinTrust Markets Limited. as determined by JinTrust Markets Limited. in our sole and absolute discretion. You must inform JinTrust Markets Limited. immediately if you cannot, or believe you will not be able to, meet a Margin payment when due. The Client must maintain in the account, at all times, sufficient funds to meet all Margin requirements. JinTrust Markets Limited. is not obliged to make Margin call warnings to the Client at all or within any specific period.
JinTrust Markets Limited. may require payment of Margin by the Client via immediate electronic funds transfer or any other method acceptable to JinTrust Markets Limited.. Only funds received net of any bank charges, which relate to the transfer, will be credited as paid.
If there is insufficient Margin in the Client’s account or if the deposited Margin is insufficient to meet the required Margin rates, as determined by JinTrust Markets Limited. in accordance with Section 9.2 above, JinTrust Markets Limited. may in our sole and absolute discretion choose to close or terminate the Client’s margined transaction immediately, without notice to the Client. Subject to Sections 9.6 and 9.9 below, this will not constitute an Event of Default (as defined in Section 18.1 below). If JinTrust Markets Limited. chooses not to close or terminate the Client’s margined transaction, JinTrust Markets Limited. may make a Margin call warning in accordance with Section 9.7.
Without prejudice to the foregoing, any transaction entered by the Client or on the Client’s behalf that results in there being insufficient Margin to cover any actual or anticipated losses or liabilities in connection with the Client’s account will constitute an Event of Default and JinTrust Markets Limited. may in our sole and absolute discretion exercise our rights in Section 18 below, whether there has been a Margin call warning or not.
Notwithstanding the fact that JinTrust Markets Limited. is not obliged to make Margin call warnings prior to liquidating the Client’s margined transactions, if the Client fails to maintain sufficient funds to meet the Margin requirements, Margin call warnings may be made at any time by telephone, telephone answering machine message, voice mail, letter, fax, e-mail or any other means of electronic communication.
Therefore, you must notify JinTrust Markets Limited. immediately and provide alternative contact details to ensure Margin call warnings can be made if you are not contactable at your usual contact details provided, e.g. when you are travelling or on holiday. Any Margin call warnings JinTrust Markets Limited. makes of the Client may be made by any method of communication listed above. JinTrust Markets Limited. shall be deemed to have made a Margin call warning if JinTrust Markets Limited. notifies you electronically via email. JinTrust Markets Limited. shall not be liable for any failure to contact the Client or attempt to contact the Client.
Should JinTrust Markets Limited. decide to make a Margin call warning, the terms and conditions of the Margin call warning will be detailed within the Margin call warning and JinTrust Markets Limited. reserves the right to change the terms and conditions of any Margin call warning based on market conditions, without notice to the Client. If JinTrust Markets Limited. makes a Margin call warning, in no way does this waive the right to liquidate the Client’s margined transactions as detailed in Section 9.5 above.
Any payment made by the Client in satisfaction of a Margin call warning must be received by JinTrust Markets Limited. within the time specified within the Margin call warning. JinTrust Markets Limited. may in our sole and absolute discretion close or terminate your margined transactions immediately without notice to you and decline to enter into any further margined transactions with you if you fail to honour any Margin call warnings and this shall constitute an Event of Default. JinTrust Markets Limited. may exercise our rights in Section 18.
Title in and ownership of a portion or all of the money the Client deposits with JinTrust Markets Limited. shall be transferred to JinTrust Markets Limited. to the extent it represents an amount necessary to secure the Client’s open positions or cover the Client’s actual or future contingent or prospective obligations (which will be calculated daily in JinTrust Markets Limited.’s sole and absolute discretion based on the Client’s daily open positions and trading and which may be greater than the Margin required to maintain the open positions, as market conditions may dictate) such that the Client will not have a proprietary claim over that portion or any of the Client’s money deposited and JinTrust Markets Limited. can deal with it on our own right.
When money received by JinTrust Markets Limited. from the Client is no longer required to secure the Client’s open positions or cover the Client’s actual or future contingent or prospective obligations to JinTrust Markets Limited., full title and ownership of the remaining money will be transferred back to the Client.
As a continuing security for the performance of all the Client’s obligations (whether actual or contingent, present or future) to JinTrust Markets Limited. under or pursuant to this Agreement (“Secured Obligations”), the Client grants to JinTrust Markets Limited., with full title guarantee, a first fixed security interest in all non-cash Margin now or in the future provided by the Client to JinTrust Markets Limited. or to our order or under our direction or control or that of an exchange or market or otherwise standing to the credit of the Client’s account under this Agreement or otherwise held by JinTrust Markets Limited. or our affiliated companies or our nominees on the Client’s behalf.
The Client agrees to execute such further documents and to take such further steps as JinTrust Markets Limited. may reasonably require to perfect our security interest over, be registered as owner of or obtain legal title to the Margin, secure further the Secured Obligations, enable JinTrust Markets Limited. to exercise our rights, or to satisfy any market requirement.
The Client may not withdraw or substitute any property subject to our security interest without our consent, which JinTrust Markets Limited. may grant or withhold in our sole and absolute discretion.
The Client undertake neither to create nor to have outstanding any security interest whatsoever over, nor to agree to assign or transfer, any of the Margin transferred to JinTrust Markets Limited., except a lien routinely imposed on all securities in a clearing system in which such securities may be held.
JinTrust Markets Limited. may, free of any adverse interest of the Client or any other person, grant a security interest over Margin provided by the Client to cover any of our obligations to an intermediate broker market or exchange, including obligations owed by the positions held by JinTrust Markets Limited. or another of our Clients.
If an Event of Default occurs, JinTrust Markets Limited. may exercise the power to sell all or any part of the Margin. JinTrust Markets Limited. may apply the proceeds of sale or other disposal in paying the costs of such sale or other disposal and in or towards satisfaction of the Secured Obligations.
In addition and without prejudice to any rights that JinTrust Markets Limited. may be entitled under this Agreement or all Applicable Regulations, JinTrust Markets Limited. shall have a general lien on all property held by JinTrust Markets Limited. or our affiliates or our nominees on the Client’s behalf until the satisfaction of the Secured Obligations.
Any action taken by JinTrust Markets Limited. in connection with or pursuant to a margined transaction by JinTrust Markets Limited. at a time at which any Event of Default has occurred (whether JinTrust Markets Limited. have knowledge thereof) shall be entirely without prejudice to our right to refuse any further performance thereafter, and shall not in any circumstances be considered as a waiver of that right or as a waiver of any other rights of JinTrust Markets Limited.’s should any such Event of Default have occurred.

SECURITY

All funds, securities, commodities, currencies, and other property belonging to the Client that JinTrust Markets Limited. or our affiliates may at any time be holding for the Client (either individually, jointly with another, or as a guarantor of the account of any other person) or that may at any time be in JinTrust Markets Limited. or their possession or control or carried on JinTrust Markets Limited. or them for any purpose, including safekeeping, are to be held by JinTrust Markets Limited. as security and subject to a general lien and right of set-off for any of the Client’s liabilities to JinTrust Markets Limited. under this Agreement whether or not we have made advances in connection with such funds, securities, commodities, currencies or other property, and irrespective of the number of accounts the Client may have with JinTrust Markets Limited.. JinTrust Markets Limited. may, in our sole and absolute discretion and without notice to the Client, apply and/or transfer any or all funds or other property belonging to the Client between any of the Client’s accounts with JinTrust Markets Limited..
Without prejudice to any other rights to which JinTrust Markets Limited. may be entitled, we may at any time and without notice to the Client set off any amounts (whether actual or contingent, present or future) at any time owing between JinTrust Markets Limited. and the Client. Furthermore, as a continuing security for the performance of all the Client’s Secured Obligations, the Client grants to JinTrust Markets Limited., with full title guarantee, a first fixed security interest in all funds, securities, commodities, currencies and other property now or in the future provided by the Client to JinTrust Markets Limited. or to our order or under our direction or control or otherwise standing to the credit of the Client’s account under this Agreement or otherwise held by JinTrust Markets Limited. or our affiliated companies or our nominees on behalf of the Client. You agree that you shall be able to apply such funds, securities, commodities, currencies and other property in or towards satisfaction of all or any part of the Secured Obligations that are due and payable to JinTrust Markets Limited. but unpaid.
The Client hereby represents that any funds, securities, commodities, currencies and other property that the Client transfers to JinTrust Markets Limited. under this Agreement are free from any lien, security interest or other encumbrance other than the lien created under this Agreement. The Client hereby also grant to JinTrust Markets Limited. the right to pledge, re-pledge, hypothecate, invest or loan, either separately or with the property of other Clients, to JinTrust Markets Limited. as broker or to others, any funds, securities, commodities, currencies and other property belonging to the Client which is held by JinTrust Markets Limited. as Margin or security.

SECURITY

The MetaTrader 5 Trading Platform (“Trading Platform”) is provided ‘as is’ and neither JinTrust Markets Limited. nor any of our Service Providers makes any representations or warranties of any kind whatsoever regarding:
1. the availability, currency, accuracy or completeness of the Facility;
2. the results to be obtained by the Client or anyone else from the use of the Facility; and
any third-party content accessible on or through the Facility.
Neither JinTrust Markets Limited., our affiliates, nor any of our or their directors, officers, employees and agents shall be liable for any loss or damage (including direct, indirect or consequential loss or loss of profits) suffered by the Client or any third party in connection with the provision of any services to which this Agreement applies except to the extent that such loss or damage results directly from our or their fraud, gross negligence or wilful misconduct.
JinTrust Markets Limited. shall not be responsible for any loss or damage caused, directly or indirectly, by any events, actions or omissions beyond our control including, without limitation, loss or damage resulting, directly or indirectly, from any delays or inaccuracies in the transmission of orders and/or information due to a breakdown in, delay or failure of any transmission, communication or computing facilities.
Should quoting, execution or other errors occur, which may include, but are not limited to, a dealer’s mistype of a quote, a quote or trade that is not representative of fair market prices, an erroneous price quote from a trader, such as but not limited to a wrong big figure quote or an erroneous quote due to failure of hardware, software or communication lines or systems and/or inaccurate data feeds provided by JinTrust Markets Limited. or third-party vendors, JinTrust Markets Limited. will not be liable for the resulting errors in account balances or trading losses. The foregoing list is not meant to be exhaustive. In the event of a quoting or execution error, reserves the right to make the necessary corrections or adjustments on the account involved. Any dispute arising from such quoting, execution or other errors will be resolved by JinTrust Markets Limited. in our sole and absolute discretion.
Internet connectivity delays and price feed errors sometimes create a situation where the prices displayed on the Trading Platform or liquidity connection do not accurately reflect the market rates. JinTrust Markets Limited. does not permit the practice of latency arbitrage or taking advantage of these internet delays. Transactions that rely on price latency arbitrage opportunities may be revoked. JinTrust Markets Limited. reserves the right to make the necessary corrections or adjustments on the account involved in our sole and absolute discretion.
JinTrust Markets Limited. shall have no obligation to contact the Client to advise upon appropriate action in light of changes in market conditions or otherwise. The foreign exchange market is highly speculative and volatile. Following execution of any transaction, the Client is solely responsible for making and maintaining contact with JinTrust Markets Limited. for monitoring the position and ensuring that any further instructions are given on a timely basis. JinTrust Markets Limited. shall not be responsible for any loss caused directly, indirectly, or alleged because of any inability or failure by the Client to do so.
The Client acknowledges that:
1. any market information or third party recommendations communicated to the Client by or through JinTrust Markets Limited. or any affiliate, is not based on any assessment of the Client’s financial position or investment objectives and does not constitute advice or an offer to sell or the solicitation of an offer to buy any rolling spot foreign exchange contract,
2. such information or recommendations, although based upon information obtained from sources believed by JinTrust Markets Limited. to be reliable, may be based solely or partly on a third party’s opinion and that such information may be incomplete and may be unverified, and
JinTrust Markets Limited. makes no representation, warranty or guarantee as to, and shall not be responsible for, the accuracy or completeness of any information or recommendations furnished to the Client. The Client acknowledges that JinTrust Markets Limited. makes no representations concerning the tax implications or treatment of transactions entered by the Client.
The Client agrees to indemnify and hold JinTrust Markets Limited., our affiliates, our Service Providers, and any of our or their directors, officers, employees and agents harmless from and against any and all liabilities, losses, damages, costs and expenses, including legal fees and costs, incurred by JinTrust Markets Limited. in connection with the provision of services to the Client provided that any such liabilities, losses, damages, costs and expenses have not arisen due to fraud, gross negligence or wilful misconduct from the Company.
Except for the foregoing express warranties set forth Section 19, JinTrust Markets Limited., our employees, agents, affiliates, subsidiaries, resellers, third party information providers, merchants, licensers and the like make no warranties or promises, either express or implied, including without limitation:
1. Any implied warranty of merchantability;
2. The fitness of our service for a particular purpose;
The results that might be obtained by using the on-line facility;
1. The accuracy or reliability of any information contained or provided through the MetaTrader 5 Trading Platform; or
2. No loss of data, regardless of cause.
JinTrust Markets Limited. and our affiliates are not liable for incidental, special, consequential, indirect or punitive damages for any reason (including loss of data or other business or property damage), even if the Client has advised of such a claim.
The aggregate liability of JinTrust Markets Limited. and our affiliates does not exceed the fees that the Client pays under this Agreement during the thirty (30) days preceding the date on which Client first makes the applicable claim.

CONFIRMATIONS

Following the execution of a transaction for the Client’s account, JinTrust Markets Limited. will confirm that transaction by electronic receipt and/or reflecting the same in the MetaTrader 5 terminal. However, failure to do so will not affect the validity of the transaction. Confirmations shall be deemed to be conclusive and binding on the Client if not objected to immediately upon receipt with such objection confirmed in writing within one (1) business day after dispatch.
The Client will be able to generate daily, monthly and annual reports of account activity as well as a report of each executed trade from the Client’s MetaTrader 5 terminal. Account information will include trade confirmations with ticket numbers, purchase and sale rates, used Margin, amount available for Margin trading, statements of profits and losses, as well as current open or pending positions.