Dis document na part of di agreement between you and Deriv, and you suppose read am together wit our General Terms of Use for clients (di “General Terms”). Any defined terms wey dem use for dis additional terms go get di meaning wey dem give dem for di General Terms.
1. Introduction
1.1. Deriv Investments (Cayman) Limited, wey dem incorporate on 25 January 2024 (registration No 406695), dey based for Cayman Islands and im registered address na Campbells Corporate Services Limited, Floor 4, Willow House, Cricket Square, Grand Cayman KY1-9010, Cayman Islands (“wi” or “us”). Cayman Islands Monetary Authority dey regulate us under di Securities Investment Business Act to run securities investment business as Broker Dealer.
1.2. Dis additional terms apply to all clients wey get account wit Deriv Investments (Cayman) Limited.
1.3. If any inconsistency or difference dey between dis additional terms and/or any oda documents wey form part of di Agreement, dis additional terms go take priority for your account wit us.
2. Client classification
2.1. To comply with di Securities Investment Business Act and Securities Investment Business (Conduct of Business) Regulations, dem require us make we classify our clients as either “Retail Clients”, “Professional Clients”, or “Market Counterparties”. Different levels of regulatory protection dey apply to each category. For particular, Retail Clients dey get di highest level of regulatory protection, while Professional Clients and Market Counterparties dey get lower level of regulatory protection or no regulatory protection at all.
2.2. We go classify you as a Retail Client for di purpose of di Services wen you register wit us for di Website.
2.3. You fit request make we reclassify you as a Professional Client, but we no dey obliged to do so. We go only reclassify and treat you as a Professional Client if you qualify to be categorised as one. As a Private Client, you no qualify to be reclassified as a Market Counterparty.
3. Records
3.1. As e dey stated for di General Terms, we fit keep records because of our legal and regulatory obligations. You fit request access to your records at any time during di period wey dem require us to keep your records under di Securities Investment Business Conduct of Business Regulations (2003). Wen we receive such request, we go, within reasonable time:
3.1.1. Make available to you di parts of any written materials and records wey relate to you, wey we don send or dem require us to send to you under di Securities Investment Business Conduct of Business Regulations (2003); and
3.1.2. Give you copies of any correspondence wey we don receive from you wey relate to your account wit us.
4. Di standard of service wey we dey provide
4.1. To make dis matter clear, and despite di provisions of Clause 12 (Warranties and indemnities) and Clause 13 (Liability) of di General Terms of Use, nothing for di Agreement go exclude or restrict any duty or liability wey we owe you under di Securities Investment Business Act or di Securities Investment Business (Conduct of Business) Regulations.
4.2. In line wit our regulatory obligations, we go: (a) act wit high standards of market conduct, integrity and fair dealing as we dey conduct our securities investment business; and (b) act wit due skill, care and diligence as we dey provide di Services to you.
5. Client money
5.1. You acknowledge and give consent make dem hold your money for separate client bank account outside di Cayman Islands, currently for di Isle of Man (“Offshore Bank”).
5.2. For di purpose of di above, you understand say di legal and regulatory regime wey apply to di Offshore Bank different from di one for di Cayman Islands and, if di Offshore Bank default, dem fit treat your money differently from how dem for treat am if e dey held for di Cayman Islands. You suppose consider getting independent legal advice if dis implications dey worry you.
5.3. If you no want make dem transfer your money to di Offshore Bank, you must no fund or maintain your trading account wit us. As far as you don already deposit money, you suppose withdraw any available funds quickly and instruct us for writing make we close your account.
6. Information wey dem send electronically
6.1. You agree say dem fit deliver all documents, statements, contract notes, confirmations, notices and oda information (“Electronic Information”) to you electronically, either through your secure online account for our platform or through email. If we request confirmation say you don receive am, you agree say you go provide am; if you continue to use di platform, reply, or send read receipt, e mean say you don confirm receipt when we request am.
6.2. Electronic Information wey we share wit you through your online account dem dey consider as sent and received wen dem post am to your account for our platform and e dey available for access.
6.3. Electronic Information wey we share wit you through email dem dey consider as sent wen e leave our system, and as received wen e reach your registered email address wey you don designate.
7. Applicable currency
7.1. All trades, margin, settlement, account reporting, fees and charges under di Agreement go be made, executed and settled in United States dollars (USD). You clearly acknowledge and agree say your obligations dey in USD.
8. Adjustments for Spread and swap
8.1. Di Spreads and swap adjustments wey apply to how you use our services dey inside our Trading Terms. If you need more details about CFD trading, make you check our trading specifications page.
9. Disclosure information
9.1. You consent make we disclose your information, including personal data, to other Deriv group entities, together wit dia sub-contractors, wey dey provide certain services, functions and activities on our behalf.
9.2. As far as we owe you duty of confidence, you also consent make we disclose your confidential information:
9.2.1. For di normal course of business and to carry out your instructions;
9.2.2. Wen applicable law, regulation, code of practice, court order, warrant or payment system require or permit am; and
9.2.3. Wia person disclose information with good faith about wrongdoing or serious threat to life, health, safety, or di environment, as applicable law allow.
10. Conflict of interest
10.1. We get appropriate procedures wey dey in place to identify conflicts of interest between us, our directors, employees, or oda persons or companies wey connect to us, directly or indirectly, as we dey provide our services to you. We must act for your best interest wen we dey provide our services.
10.2. However, make you know di following tins wen you dey enter into transaction wit us:
10.2.1. As we dey provide our Services, we fit execute orders on your behalf or deal for our own account. For both cases, na we be di principal and, because of dat, na we be di counterparty for all di trades wey you enter into. Wen we dey deal for our own account, as time dey go, we fit generate revenue from di possible total losses of clients.
10.2.2. Na we dey responsible to set di price of financial products for di Platforms, so prices fit differ from di ones wey oda brokers provide or from di market price.
11. Complaints
11.1. If you like file complaint about our Services, you fit send di details to us for complaints@deriv.com.
11.2. We go acknowledge say we don receive your complaint in writing as soon as we receive am. We go then investigate di matter and send you written response within 14 days from di date wey we receive di complaint.
