1.1  Sequoia Capital Markets  (hereinafter referred to as the “Company”) is a brand  of Capital Zone Financial Consulting Limited company incorporated and registered under the laws of Hong Kong with company number 3016563. The registered office of the company is located at 11/F., Capital Centre, 151 Gloucester Road, Wanchai, Hong Kong. The company is authorised, for the provision of the investment services specified in this Client Service Agreement as permitted under the Hong Kong Securities Act 2007 (hereinafter referred to as the “Agreement”).  

1.2 The Agreement is entered by and between the Company on the one part and the client (which may be a legal entity or a natural person) who has completed the Account Opening Application Form and has been accepted by the Company as a client (hereinafter called the “Client” or “Customer”) on the other part.

1.3 The Client is requested to read this Agreement carefully before accepting this Agreement and start using the Company’s services. The Client’s access to the Company’s service/s would be subject to the Client’s acceptance of and compliance with the terms written herein.

1.4 This Agreement, together with all relevant documentation which can be found on the Company’s website (namely “Risk Warning”, “Terms of Use”, “Privacy Policy”, “Handling Complaints Policy”, “Order execution Policy”, “Conflicts of Interest”), as amended from time to time, set out the terms upon which the Company will offer Services to the Client and shall govern all activities of both parties during the course of the Agreement.

1.5 The relationship between the Client and the Company shall be governed by this Agreement. As this Agreement is a distance contract, signing the Agreement is not required and the Agreement has the same rights and liabilities as a duly signed contract. In the case where the Client, wish to have a signed Agreement, then the Customer should print and send 1 (one) copy to the Company, where the Company will sign and stamp the Agreement and send a copy back to the Customer.

1.6 The Agreement shall take effect and commence after the Client fills in and submits the Account Opening Application Form together with all the required identification documentation required by the Company for its own internal checks and the Company accepts the submitted documents as sufficient. It is understood that the Company is not to be required (and may be unable under Applicable Regulations) to accept a person as its Client until all documentation it requires has been received by the Company, properly and fully completed by such person and all internal Company checks (as the case may be) have been duly satisfied. It is further understood that the Company reserves the right to impose additional due diligence requirements to accept Clients residing in certain countries.

1.7 This Agreement supersedes any previous agreement between the Client and the Company on the same subject matter and takes effect when the Client indicates his/her acceptance via the Website. This Agreement shall apply to all transactions contemplated under this Agreement.

 

Furthermore, the Client understands and agrees that the official language of the Company is English.

​

Capitalized terms shall have the following meaning unless otherwise stated in the Agreement:

Access Codes – shall mean any credentials provided by the Company for accessing the Company’s trading platform or credentials used by the Customer to access the Company’s Customer Account;

Agreement – shall mean this Agreement between the Customer and the Company, which also includes relevant documents located on the Website such as: (a) Conflicts of Interest Policy, (b) Customer Categorization Policy, (c) Privacy Policy, (d) Risk Disclosure Statement, (e) Order Execution Policy and any other provisions that the Company may publish on the Company’s Website from time to time.

Applicable Regulations – shall mean (a) rules of a relevant regulatory authority having powers over the Company; (b) the Rules of the relevant Market; and (c) all other applicable laws, rules and regulations of Hong Kong.

Balance – the sum held on behalf of the Customer on its Customer Account within any period of time.

Balance Currency – the monetary unit or denomination in which the Customer’s Account balances, commission fees and payments are nominated and calculated.

Base Currency – the first currency in a currency pair;

Business Day(s) or Trading Day(s) – shall mean any time from Sunday 07:00 am GMT ending at Friday 21:00 GMT; Customer shall mean any natural or legal person to whom the Company provides investments and/or ancillary services;

Client/Customer – shall mean the individual person, legal entity or firm which has completed all the necessary requirements that the Company asks for account opening, and has been approved as a Client of Sequoia Capital Markets  FİNANCİAL CONSULTİNG LİMİTED.

Company – shall mean Sequoia Capital Markets  FİNANCİAL CONSULTİNG LİMİTED, a limited liability company incorporated and registered under the laws of Hong Kong with company number 8425077-1 and with registered office’s address at Suite 3, Global Village, Jivan’s Complex Mont Fleuri, Mahe, Hong Kong, authorised and regulated by the Financial Services Authority in Hong Kong (hereinafter referred to as “FSA”), under the license number SD046.

Company’s Website – shall mean the Company’s Website www.sequoiacm.com

Customer Account or Trading or Live Account – the special personal account for internal calculation and customer deposits, opened by the Company in the name of the Customer. The Agreement may use the word Trading Account or Customer Account or Live Account interchangeably, which all have the same meaning; Close Position – deal of purchase (sale) covered by the opposite sale (purchase) of the contract.

CFD – a contract for differences. A financial instrument which is derived based on the fluctuations in the price of the relevant underlying asset;

Markets – shall mean the international financial, commodities and other applicable markets, where contract rates are being fixed upon free trade, and any other related markets where various financial assets are traded;

Parties – shall mean the parties to this Agreement – the Company and the Client.

Platform – shall mean Platform: any information, software and hardware used by the Company for the purpose of providing Services to the Customer in accordance with his agreement;

Services – shall mean the services to be provided by the Company under this the Agreement;

System – shall mean an electronic system designated to facilitate trading in Financial Contracts via the internet using the Company’s platform as defined above and which is subject to all terms of this Agreement;

Transaction – shall mean purchase/sale of a Financial Instrument for a fixed price.

​

3.1 As per the definition of the Act, a Securities Dealer means a person:

 

(a)who carries on the business of dealing in securities, or

(b)who holds himself out as conducting such business described below:

(i)makes or offers to make an agreement with another person to enter into or offer to enter into  an agreement, for or with a view to acquiring, disposing of, subscribing for or underwriting  securities or in any way effects or causes to effect a securities transaction;

(ii)causes any sale or disposition of or other dealing or any solicitation in respect of securities for

valuable consideration, whether the terms of payment be on margin, instalment or otherwise or                             any attempt to do any of the foregoing;

(iii)participates as a Securities Dealer in any transaction in a security occurring upon securities      exchange;

(iv)receives as a Securities Dealer an order to buy or sell a security which is executed; or

(v) manages a portfolio of securities for another person on terms under which the first mentioned  person may hold property of the other person.

 

4. Registration Information and Requirements

 

4.1 When the Client register for the Services, the Company through its Website will ask him/her to provide identification information.

 

4.2 The Customer will be provided with Access Codes and he/she is held responsible for securing his/hers Access Codes for his/her account with the Website. The Client is held solely responsible for any act or omission or any damage caused that he/she may bear, due to any act or omission by him/her or any irregular or inappropriate use of his/her account. The Client agree to provide true, accurate, current and complete information about himself/herself during the registration process and after, and he/she agree not to impersonate any person or entity, misrepresent affiliation with any another person, entity or association, use false headers or otherwise conceal his/her identity from the Company for any Purpose.

4.3 If the Client is registering as a business entity, he/she hereby declare that he/she has the authority to bind to this Agreement that entity. The Company treats with care the information that the Client’s entrust to it, in accordance with the disclosure policy it provides during the registration process and the Privacy Policy. Without limiting the foregoing, the client understand that laws regarding Financial Instruments vary throughout the World and it is the Client’s obligation alone to ensure that he/she comply fully with any law, regulation or directive, subject to the Client’s country of residency with attention to the use of the site. For avoidance of doubt, the ability to access the Company’s Website does not necessarily mean that the Company’s Services, and / or the Client’s activities through it, are legal under the Laws, Regulations or directives relating to the Client’s country of residency.

The Client acknowledges, recognises and understands that trading and investments in leveraged as well as non-leveraged Financial Instruments is:

highly speculative;

may involve an extreme degree of risk; and

is appropriate only for persons who, if they trade on margin, can assume risk of loss in excess of their margin deposit.

 

5.1 The Client agrees to use the Website at his/her own risk. Without limiting the foregoing, the Services contained within this Website are suitable only for Customers who are able to bear the loss of all the money they invest and of any losses that might exceed their total amount of capital invested and understand the risks and who have experience in taking risks involved in Financial Markets. The possibility that exists is that the Client could sustain a loss of all or some of his/her initial investment and therefore he/she should not invest money that he/she cannot afford to lose. The Client’s should be aware of the risks associated with all Forex/CFDs trading and seek advice from independent financial advisor if the Client has any doubts or questions.

​

No person shall abuse this site for the purpose of money laundering.

The Company is obliged to follow certain requirements as set out by the laws of Hong Kong, for the prevention and suppression of money laundering activities. It is thus required by licensed entities for trading in financial and commodity based derivative instruments and other securities to obtain certain verification documents from the Company’s Customers. The Company keeps with the following policies and procedures designed to detect any risk of failure by the Company.

 

7.1 The Company has established a Privacy Policy, available online, which forms part of the contractual documentation governing the business relationship between the Company and the

Client.

7.2 Client’s information collected directly from the Client or indirectly from third parties shall be treated as confidential and shall be used only for specific purposes in relation to the provision of Company’s services and the maintenance of the business relationship. Transfer of Client’s data to third parties shall be conducted in accordance with the provisions of the Privacy Policy.

 

8.1 This Agreements, as well as the business relationship between the Company and the Client are governed by the Laws of Hong Kong. Any disputes arising in connection with this Agreement shall be settled in the court in Hong Kong. Client can submit complaints to the Company in accordance with the Handling Complaints Policy available on the Company’s website.

​

 The Company offers different types of Client’s Accounts with different characteristics, methods of execution and requirements. The Company will provide the Client with the Client Account for the operation of trading in CFDs, which will be activated after the Client’s initial deposit.