Access Information and Details

In order to use the Capital Street Online Trading Platform you will need a username and password for online electronic access to your account from Capital Street. You will need to provide the username and password each time you wish to use the Online Trading Platform.

In relation to the username and password, you acknowledge and undertake that:

(a)You will be responsible for the confidentiality and use of your username and password;

(b)Other than with our prior written consent, you will not disclose your username/password to persons other than your Authorised Representatives for any purpose whatsoever;

(c)Capital Street may rely on all instructions, orders and other communications entered using your
Username/Password, and you will be bound by any transaction entered into or expense incurred on your behalf in reliance on
such instructions, orders and other communications; and

(d)You will immediately notify us if you become aware of the loss, theft or disclosure to any third party or of any unauthorised use of your username/password.

If Capital Street believes that your Username/Password is being used without your knowledge by unauthorised persons, we may without prior notice suspend your rights to use the Online Trading Platform. Further, if Capital Street believes that you have supplied your username/password to other persons in breach of clause 8.2(b), then we may terminate this Agreement forthwith.

Capital Street Online Trading Platform

Access to the Capital Street Online Trading Platform is provided “as is”. Capital Street makes no performance claims, warranties, express or implied, representations, or guarantees as to the merchantability, fitness for any particular purpose or otherwise with respect to the Capital Street Online Trading Platform, its content, any documentation or any hardware or software provided. Technical difficulties could be encountered in connection with the trading platform. These difficulties could involve, among others, failures, delays, malfunction, software erosion or hardware damage, which difficulties could be the result of hardware, software or communication link inadequacies or other causes. Such difficulties could lead to possible economic/monetary and/or data loss. In no event will Capital Street or its Affiliates or any of their employees be liable for any possible loss (including loss of profit or revenue of any sort whatsoever), cost or damage including, without limitation, consequential, unforeseeable, special or indirect damages or expense which might occur as a result of or arising out of using, accessing, installing, maintaining, modifying, de-activating or attempting to access the online trading platform or otherwise.

Internet failures

Since Capital Street does not control signal power, its reception or routing via the Internet, configuration of your equipment or reliability of its connection, Capital Street shall not be held responsible for communication failures, distortions or delays when using the Capital Street Online Trading Platform.

Use of the Capital Street Online Trading Platform

Your access to and your use of the Capital Street Online Trading Platform are expressly subject to your compliance with the terms of (a) this agreement and (b) any/all guidelines for using the Capital Street Online Trading Platform posted on or communicated through the Capital Street Online Trading Platform (as amended from time to time) and including any Capital Street privacy policy, (as it may be amended from time to time) collectively being referred to as the “Operating Procedures”. In the event of any inconsistency between this Agreement and the Operating Procedures, the Operating Procedures shall prevail. Capital Street shall have the right, at any time, to amend the provisions of the Operating Procedures upon three (3) days prior notice by posting on or through the Capital Street Online Trading Platform provided or by any other standard means of communication including but not limited to electronic mail, telephonic intimation or via any other standardized and accepted medium/media of communication. However, any amendment to the Operating Procedures may be made effective immediately, where appropriate in our determination, (a) to permit the Trading Platform/Trading Activity conducted through the Trading Platform, to comply with any applicable laws, rules, regulations or judgements, orders or similar; or (b) to facilitate the continued and proper operation of the Capital Street Online Trading Platform without performance interruption or degradation.

Miscellaneous

Use of Capital Street Websites does not constitute a business relationship with Capital Street unless accompanied by a client account opened with Capital Street.

While we make all efforts to encrypt, protect and secure all data that is transmitted through any of our electronic systems including but not limited to websites, payment gateways/systems, trading platforms, emails and any other forms of data exchange employed by Capital Street/Clients to communicate with one another, no warranties can be made with regards to the absolute and certain avoidance of security risks that are a part of all such communication, no matter how minute the risk may be.

All parties using the above mentioned and other additional media of communication to communicate with one another agree that Capital Street is not liable in any manner whatsoever for any errors that may occur during such communication.

Capital Street does commit itself to maintaining the highest levels of communication security vis-à-vis all data that is transmitted through its systems.