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 (“we” 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 dey 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 prevail for your account wit us.
2. Client classification
2.1. To comply wit di Securities Investment Business Act and Securities Investment Business (Conduct of Business) Regulations, we must classify our clients as either “Retail Clients”, “Professional Clients”, or “Market Counterparties”. Different levels of regulatory protection dey apply to each category. In particular, Retail Clients dey receive di highest level of regulatory protection, while Professional Clients and Market Counterparties dey receive lower level of regulatory protection or no regulatory protection.
2.2. We go classify you as Retail Client for di purpose of di Services wen you sign up wit us for di Website.
2.3. You fit ask make we reclassify you as Professional Client, but we no must do so. We go only reclassify and treat you as Professional Client if you qualify to be categorised like dat. As Private Client, you no qualify to be reclassified as Market Counterparty.
3. Records
3.1. As we don state 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 we must keep your records under di Securities Investment Business Conduct of Business Regulations (2003). Once we receive dat request, we go, within reasonable time:
3.1.1. Make available to you di parts of any written materials and records wey concern you, wey we don send or we must 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 concern your account wit us.
4. Our standard of service
4.1. To make am 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 remove or limit 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 run our securities investment business; and (b) use proper skill, care and diligence to provide di Services to you.
5. Client money
5.1. Dem dey keep your money for one or more separate client bank accounts. Dis include one account for Cayman Islands and one account outside Cayman Islands, wey currently dey wit one bank for Isle of Man (“Offshore Bank”). We fit keep your money for either one or both accounts, for any proportion wey we decide from time to time.
5.2. You acknowledge and agree say dem fit keep all or part of your money for separate client bank account wit di Offshore Bank.
5.3. For di purposes wey dey above, you understand say di legal and regulatory regime wey dey apply to di Offshore Bank different from di one for Cayman Islands. If di Offshore Bank default, dem fit treat di part of your money wey dey there differently from how dem for treat am if e dey for Cayman Islands. You suppose consider getting independent legal advice if dis matter dey worry you.
5.4. If you no want make any part of your money dey wit di Offshore Bank, you must not fund or maintain your trading account wit us. If you don already deposit money, you suppose quickly withdraw any available funds and give us written instruction to close your account.
6. Information transmitted electronically
6.1. You agree say we 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. Wia we request acknowledgement say you don receive am, you agree to provide am; if you continue to use di platform, reply, or send read receipt, e go count as acknowledgement wen we request am.
6.2. Electronic Information wey we share wit you through your online account go count as sent and received wen we 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 go count as sent wen e comot from our system, and dem go consider am as received wen e reach your registered email address wey you 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. Spread and swap adjustments
8.1. Di spreads and swap adjustments wey dey apply to how you use our services dey inside our Trading Terms. For more details wey concern CFD trading, make you check our trading specifications page.
9. Information wey we fit disclose
9.1. You agree make we disclose your information, including personal data, give oda Deriv group entities, together wit dia sub-contractors, wey dey provide certain services, functions and activities for our behalf.
9.2. As far as say we get duty to keep your information confidential, you still agree make we disclose your confidential information:
9.2.1. For normal business operations and to carry out your instructions;
9.2.2. As applicable law, regulation, code of practice, court order, warrant or payment system require or allow; and
9.2.3. Wia we disclose information in good faith about wrongdoing or serious threats to life, health, safety or di environment, as applicable law allow.
10. Conflicts of interest
10.1. We get proper procedures wey dey help 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 give you. We must act for your best interest wen we dey provide our services.
10.2. However, you suppose know di following tins wen you dey enter transaction wit us:
10.2.1. As we dey provide our Services, we dey execute your orders as principal, so na us be di counterparty for all trades wey you enter wit us. Wen we dey trade 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 different from di ones wey oda brokers provide or from di market price.
11. Complaints
11.1. If you wan file complaint about our Services, you fit send di details give us for complaints@deriv.com.
11.2. We go confirm say we don receive your complaint for writing sharp sharp afta we receive am. We go investigate di matter and give you written response within 14 days from di date wey we receive di complaint.
