ARBN: 114 368 973      AFS Licence: 291881
 
  Telephone: + 64-9-271 6100 
  Facsimile: + 64-9-271 6400 
  Email: dealers@forexcommercial.co.nz 

  0800 NZ DOLLAR

(0800 693 655) 

Physical Address:   
Ti Rakau Drive,
East Tamaki,
Auckland
New Zealand
Postal Address:
PO Box 51-244
Pakuranga
Auckland
New Zealand
 
Registered Office: Melbourne, AUSTRALIA
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Agreement, Terms and Conditions

1. Introduction
By using the Client Software and/or transferring money from a Cash Account you (" You ") are consenting to be bound by this Agreement .
If You disagree or You are not willing to abide by the Agreement , then do not use the Client Software and do not use the Cash Account .

2. Software Use and Software License
The Client Software is rented to You in accordance with this Agreement . The Client Software is not sold to You .
You may use the Software to make payments and receive payment and You agree not to use the Software for any other purpose.
All data in the Software remains the property of Asset and You must not provide the data to others.
You must not attempt to modify the Software and You must not prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code.
You must not remove any product identification, copyright notices, or other notices from the Software .
You must not take any action that reduces the Software reliability, Software performance, or any other action that damages the credibility of You , the other users of the Software and/or Asset .

3. Ownership of Intellectual Property
You acknowledge that the Software has been developed, compiled, and prepared by Asset through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property and trade secrets of Asset .
You agree to protect the proprietary rights of Asset during and after the term of the Agreement and to comply with all reasonable written requests made by Asset .
The Software is protected by copyright and other intellectual property laws. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Software .
You acknowledge that ownership of copyright and all other intellectual property rights in the Software , remains vested in Asset . You are granted no rights in respect of the Software except as expressly stated in the Agreement .

4. Modification to the Agreement and/or Software
Asset may modify the Software and/or the Agreement at any time for any reason including improving reliability, improving performance, facilitating new products, ensuring credibility, ensuring competitive advantage and/or generating profits for Asset .
Modifications to the Software and/or Agreement may not affect valid payments made to You or payments made by You
You are taken to agree to any upgrades in the Software and/or Agreement if You continue to use the Software after the upgrade has occurred. If You do not accept the modifications to the Software and/or Agreement then You must cease using the Software.

5. Costs
The Cost published on the A-S-S-E-T.COM web site for the Automated Electronic Transfer Software may change given 30 days notice.

6. Termination
Either party may terminate the use of the Software, by written or verbal instructions, to the other. Such notice shall specify the date upon which the termination is to be effective, and if no such date is specified the termination shall have immediate effect.
Termination of the Client Software shall not affect payments executed prior to termination and shall not relieve any party of any obligation in connection with any payments made or received prior to termination or any other obligation or liability whatsoever under this Agreement .
If You do not use the Client Software for more than 180 days and all payments made by You have ended and all transactions entered into by You have ended then you agree Asset may assume that You do not wish to use the Software or are unable to use the Software and you authorise Asset to return the Available Cash to your Bank Account .

7. Limited Warranty
You agree that the use or miss-use of the Software by You or another person using your password allocated to You is your responsibility and no other user of the Software and/or Asset shall be held responsible by You and You agree that this paragraph shall survive termination of the use of the Software and/or the Agreement. You agree and understand in no event shall Asset be liable for any damages whatsoever (including business interruption, loss of profits, loss of information, any negligent act or omission of us, or any other pecuniary loss) suffered by You or any third party and arising out of the use of or inability to use the Software , even if Asset has been advised of the possibility of such damages.
You agree and understand Asset expressly disclaims any warranty for the Software which is provided to You 'as is' without warranty of any kind. The entire risk arising out of the use or performance of the Software remains with You .
You understand and agree that the internet and/or internet service providers and/or other third parties often take action, or fail to take action that results in delays, omissions and inaccuracies in information or data delivered by the Internet and You understand and agree that Asset and the users of the Software shall not be liable for any third-party claims or losses of any nature, including, but not limited to, loss of profits, punitive or consequential damages. This paragraph shall survive termination of the use of the Software and/or the Agreement .

8. Bank Account and Cash Account Management
You agree that all monies paid into the Cash Account must come from one single Bank Account .
You agree that all monies used to make payment via the Client Software must be paid from the Cash Account .
You agree that all monies paid from the Cash Account to You must be transferred from the Cash Account to the one single Bank Account .
It is essential that Your Bank Account remains open and accessible to Asset while monies remain in your Cash Account so money can be paid to your Bank Account .
Should the transfer of the monies fail, for any reason whatsoever, the monies will be transferred at one week intervals until the transfer is successful or until the Available Cash is insufficient to cover the associated transfer fee.

9. General Terms and Conditions
This Agreement constitutes the entire Agreement between Asset and You with respect to the subject matter hereof as of the date hereof and supersedes all previous understandings and communications, whether electronic, written, or oral, between the parties or their agents concerning the subject matter hereof.
Where more than one person is named as You the obligations of You under the Agreement shall bind each of them jointly and severally. Any failure by any one of them to execute or be bound by the Agreement for any reason shall not affect the liability of the others.
No failure or delay on the part of any party in exercising any right or remedy under the Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies provided in the Agreement are cumulative and not exclusive of any rights or remedies provided by law.
You agree and understand that Asset is not responsible for any consequence as a result of You failing to comply to with the Agreement .
If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and the remainder of this Agreement has full force and effect.
We may assign our rights under this Agreement to any of our related companies or to a successor company which will continue the provision of the Software . You may not transfer this Agreement or any interest or obligation in or under this Agreement .
The headings to the Agreement are inserted for convenience only and do not affect their interpretation.

10. Applicable Law
The Agreement shall be governed by the law in force in New Zealand.
For the exclusive benefit of Asset , You irrevocably agree that the Courts of New Zealand are to have jurisdiction to hear and decide any disputes which may arise out of or in connection with the Agreement and that accordingly any suit, action or proceeding (“Proceedings”) arising out of or in connection with the Agreement may be brought in such courts. You further agree, for the exclusive benefit of Asset , that nothing contained in this Agreement shall limit the right of Asset to take Proceedings against You in any other jurisdiction.
You irrevocably waives any objection now or hereafter to the commencement or the venue of any Proceedings in any such court as is referred to in this paragraph and any claim that any such Proceedings have been brought in an inconvenient forum and further irrevocably agree that a judgement in any Proceedings brought in any competent court shall be conclusive and binding upon You and may be enforced in the courts of any other jurisdiction.
You consent generally in respect of any Proceedings arising out of or in connection with the Agreement to the giving of any relief or the issue of any process in connection with such Proceedings, including, without limitation, the making, enforcement or execution against any property or assets whatsoever of any order or judgement which may be made or given in such Proceedings.
You shall not take any action which will prevent or impede Asset from complying with its obligations under this Agreement .

11. Definitions
All terms defined in the Agreement are defined below in Italics.
$ - United States Dollars, or equivalent in other currencies or equivalent in gold or equivalent in silver.
Agreement - This World Wide Web Page at www.A-S-S-E-T.com and changes to this World Wide Web page
Asset - ASSET Software Incorporated Company Registration Number 11614
Available Cash - The balance in the Cash Account less monies allocated to cover the costs associated with the use of the Software displayed to You by the Client Software in the "Balance" column.
Bank Account - A bank account with a bank that Asset recognises as a valid Bank to which You are the sole signatory that You will use when transferring money to the Cash Acount and Asset will use when transferring money to You .
Cash Account - the account within Asset that contains money paid from your Bank Account plus payments made to You , less payments made by You less fees charged to You as detailed on the statement within the Client Software .
Client Information - Information used within the Software to identify You. Such information will include the name and address of You.
Client Software - That component of the Software which is downloaded from http://www.a-s-s-e-t.com and which resides and executes on your computer.
Software - All components of the Client Software and the servers located within Asset and financial institutions and all the components of the data sent to and from the Client Software including client idenifcation information and transaction informtion on the statement within the Client Software and held on disk within the clients computer.

Automated Sub-Second Electronic Trading License Agreement

1. Introduction
By using the Client Software and/or paying money into the Cash Account then you (" You ") are consenting to be bound by this Agreement .
If You disagree or You are not willing to abide by the Agreement , then do not use the Client Software and do not pay money to Asset.
You may only use the Client Software to trade Test Products and observe other users trading Products until you understand the functions of the Client Software and how users use the Client Software
Within 30 days of commencing to use the Client Software , You agree to pay for the continuing use of the Client Software or you agree to stop using the Client Software

2. Software Use and Software License
The Client Software is rented to You in accordance with this Agreement . The Client Software is not sold to You .
You may use the Software to discover information about Products , publish News Messages and/or trade Products with other users of the Software .
All data in the Software remains the property of Asset and You must not provide the data to any other entity.
You must not attempt to modify the Software and You must not prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code.
You must not remove any product identification, copyright notices, or other notices from the Software .
You must not take any action that reduces the Software reliability, Software performance, or any other action that damages the credibility of You , the other users of the Software and/or Asset .

3. Ownership of Intellectual Property
You acknowledge that the Software has been developed, compiled, and prepared by Asset through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property and trade secrets of Asset .
You agree to protect the proprietary rights of Asset during and after the term of the Agreement and to comply with all reasonable written requests made by Asset .
The Software is protected by copyright and other intellectual property laws. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Software .
You acknowledge that ownership of copyright and all other intellectual property rights in the Software , remains vested in Asset . You are granted no rights in respect of the Software except as expressly stated in the Agreement .

4. Modification to the Agreement and/or Software
Asset may modify the Software and/or the Agreement at any time for any reason including improving reliability, improving performance, facilitating new products, ensuring credibility, ensuring competitive advantage and/or generating profits for Asset .
Modifications to the Software and/or Agreement may not affect orders or trades placed before the modifications.
You are taken to agree to any upgrades in the Software and/or Agreement if You continue to use the Software after the upgrade has occurred. If You do not accept the modifications to the Software and/or Agreement then You must cease using the Software.

5. News Messages
You may only publish News Messages in the English language.
News Messages must directly pertain to the trade of Products and/or the use of the Software .
You must not publish News Messages that contain, in Assets' sole opinion, misleading, defamatory or inappropriate content.
You must abide by the instructions relating to the publishing of News Messages provided by Asset staff from time to time via the News Publishing System .
You are solely responsible for all News Messages created from the account codes allocated to You and you must ensure that others do not use the Client Software and password allocated to You to publish News Messages.
Asset reserves the right to disable the functions that enable You to publish News Messages if, in Assets' sole opinion, You are not using the News Publishing System appropriately.

6. Opening An Account
You must maintain a minimum balance of $500.00 in the Cash Account to trade Products .
You are permitted to trade Test Products if You do not have money in the Cash Account .

7. Costs
The cost published for the Automated Electronic Trading Software may change given 30 days notice.
You will pay Asset a monthly Client Software rental fee of $75.00
You will pay Asset a trade processing fee per product per trade as documented within the Products Specification.
To cover the administration costs of transferring monies from the Cash Account to the Bank Account . You will pay Asset a transfer processing fee of $10.00 per transfer.

8. Bank Account and Cash Account Management
All monies paid into the Cash Account must come from one single Bank Account and all monies paid from the Cash Account will only be returned to the same Bank Account .
It is essential that Your Bank Account remains open and accessible to Asset while monies remain in your Cash Account so money can be returned to You
Should the transfer of the monies fail, for any reason whatsoever, the monies will be transferred at one month intervals until the transfer is successful or until the Available Cash is insufficient to cover the associated transfer fee.
Money in the Cash Account that is used to cover the potential liability, "Max Loss", of bids or offers placed or taken by You cannot be transfered from the Cash Account to your Bank Account until there is no more potential liability.

9. Potential Losses and Profits
Each bid or offer placed by You must include a "Max Loss" amount, "Max Profit" amount and "Max Income" amount.
The maximum loss You could suffer on each bid or offer placed by You is the "Max Loss" amount entered by You .
The maximum profit You could make on each bid or offer placed by You is the "Max Profit" amount entered by You .
The maximum income You could make or lose on each bid or offer placed by You is the "Max Income" amount entered by You .
Each bid or offer You take includes a "Max Loss" amount, "Max Profit" amount and "Max Income" amount.
The maximum loss You could suffer on each bid or offer taken by You is the "Max Loss" amount.
The maximum profit You could make on each bid taken by You is the "Max Profit" amount.
The maximum income You could make or lose on each bid or offer taken by You is the "Max Income" amount.

10. Test Trading Before Live Trading
The Test Products within the Software can be traded with no financial consequence.
You can only make or lose Test Dollars when you trade Test Products .
Test Dollars are not real money and have no monetary value.
You should bid and offer Test Products establishing both Long Positions and Short Positions and continue to trade Test Products until You become familiar with all aspects of the Software
You should become familiar with all aspects of the Software before You trade Products.
The Software used to trade Products and Test Products is identical but You agree that trading Test Products profitably does not mean that You will be able to trade Products profitably.

11. Trading
If You fail to meet any obligation pertaining the Agreement , then Asset may disable your ability to use the Software to trade Products .
You agree to indemnify Asset against any losses or expenses incurred by You as a result of You failing to comply with this Agreement .
You will rely solely on your own judgement when placing bids, offers or taking bids or offers.
You agree other users of the Software and/or Asset are not responsible for losses You suffer as a result of You placing bids, offers or taking bids or offers.
You agree other users of the Software and/or Asset are not responsible for losses You suffer as a result of another person using the account code and password allocated to You . If you think another person may know your password You must contact Asset and obtain a new password.

12. Termination
Either party may terminate the use of the Software, by written or verbal instructions, to the other. Such notice shall specify the date upon which the termination is to be effective, and if no such date is specified the termination shall have immediate effect.
Termination of the Client Software shall not affect orders or trades executed prior to termination and shall not relieve any party of any obligation in connection with any bid or offer placed or taken prior to termination or any other obligation or liability whatsoever under this Agreement .
If You do not use the Client Software for more than 180 days and all bids and offers placed by you have ended and all trades entered into by You have ended then you agree Asset may assume that You do not wish to use the Software or are unable to use the Software and you authorise Asset to return the Available Cash to your Bank Account .

13. Limited Warranty
You agree that the use or miss-use of the Software by You or another person using the account codes and password allocated to You is your responsibility and no other user of the Software and/or Asset shall be held responsible by You and You agree that this paragraph shall survive termination of the use of the Software and/or the Agreement. You agree and understand in no event shall Asset be liable for any damages whatsoever (including business interruption, loss of profits, loss of information, any negligent act or omission of us, or any other pecuniary loss) suffered by You or any third party and arising out of the use of or inability to use the Software , even if Asset has been advised of the possibility of such damages.
You agree and understand Asset expressly disclaims any warranty for the Software which is provided to You 'as is' without warranty of any kind. The entire risk arising out of the use or performance of the Software remains with You .
You understand and agree that the internet and/or internet service providers and/or other third parties often take action, or fail to take action that results in delays, omissions and inaccuracies in information or data delivered by the Internet and You understand and agree that Asset and the users of the Software shall not be liable for any third-party claims or losses of any nature, including, but not limited to, loss of profits, punitive or consequential damages. This paragraph shall survive termination of the use of the Software and/or the Agreement .

14. General Terms and Conditions
This Agreement constitutes the entire Agreement between Asset and You with respect to the subject matter hereof as of the date hereof and supersedes all previous understandings and communications, whether electronic, written, or oral, between the parties or their agents concerning the subject matter hereof.
Where more than one person is named as You the obligations of You under the Agreement shall bind each of them jointly and severally. Any failure by any one of them to execute or be bound by the Agreement for any reason shall not affect the liability of the others.
No failure or delay on the part of any party in exercising any right or remedy under the Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies provided in the Agreement are cumulative and not exclusive of any rights or remedies provided by law.
You agree and understand that Asset is not responsible for any consequence as a result of You failing to comply with the Agreement .
If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and the remainder of this Agreement has full force and effect.
We may assign our rights under this Agreement to any of our related companies or to a successor company which will continue the provision of the Software . You may not transfer this Agreement or any interest or obligation in or under this Agreement .
The headings to the Agreement are inserted for convenience only and do not affect their interpretation.

15. Applicable Law
The Agreement shall be governed by the law in force in New Zealand.
For the exclusive benefit of Asset , You irrevocably agree that the Courts of New Zealand are to have jurisdiction to hear and decide any disputes which may arise out of or in connection with the Agreement and that accordingly any suit, action or proceeding ("Proceedings") arising out of or in connection with the Agreement may be brought in such courts. You further agree, for the exclusive benefit of Asset , that nothing contained in this Agreement shall limit the right of Asset to take Proceedings against You in any other jurisdiction.
You waive any objection now or hereafter to the venue of the Proceedings in any court and any claim that such Proceedings have been brought and further agree that a judgement arising out of any Proceedings brought shall be conclusive and binding upon You and may be enforced in the courts of other jurisdictions, including, without limitation, enforcement against property and assets in any jurisdiction.
You shall not take any action which will prevent or impede Asset from complying with its obligations under this Agreement .

16. Definitions
All terms defined in the Agreement are defined below in Italics.
$ - United States Dollars, or equivalent in other currencies or gold.
Agreement - This World Wide Web Page at www.A-S-S-E-T.com and changes to this World Wide Web page
Asset - ASSET Software Incorporated Company No. 11614
Available Cash - The balance in the Cash Account less monies allocated to cover the potential risks associated with Your Orders and Trades and displayed to You by the Software in the "Available Cash" column.
Bank Account - A bank account to which You are the Sole signatory that You will use when transferring payments to Asset and Asset will use when transferring payments to You.
Cash Account - Bank account(s) in various currencies that we are the sole signatory to, containing up-front-payments made by You, plus interest and profits to be paid to You, less losses and fees charged to You.
Client Information - Information used within the Software to identify You. Such information will include the name and address of You.
Client Software - That component of the Software which is downloaded from http://www.a-s-s-e-t.com and which resides and executes on your computer.
Long Position - Occurs when a larger quantity of a Product is purchased than is sold. For example, You bought 3 and sold 1 the result would be a long position of 2. (The total quantity is more than Zero)
News Messages - A message that is typed into the Client Software by You and then transmitted to on-line users of the Software.
News Publishing System - The Asset computer system that facilitates the publishing of News Messages.
Order - An instruction sent from the Client Software to the User Controlled Trading System to buy or sell a Product
Order Confirmation - Data sent to the Software confirming the placement of an Order or information pertaining the placement of an order communicated to You over the Telephone.
Position - For each Product the position can be calculated by totalling the quantities purchased less the quantities sold. For example if You bought 3 and sold 1 your position would be "Long 2". If You bought 3 and sold 8 your position would be "Short 5". If You bought 9 and sold 9 your position would be "Square"
Potential Loss - is the total of all "Max Loss" entered on each bid or offer placed by You amounts of every bid or offer entered by you or taken by You if the bid or offer is still active or Products - Products listed within the Software, and also listed in the Asset Product Specification Chart.
Short Position - Occurs when a larger quantity of a Product is sold than is purchased. For example if You bought 3 and sold 8 the result would be a short position of 5 (The total quantity is less than Zero).
Software - All components of the Client Software, the User Controlled Trading System, the News Publishing System and all the data sent between these systems including Product price information, Orders, Order Conformations, Trade Conformations and News Messages.
Software Password - A unique code, updated from time to time by Asset, used to connect the Client Software to the Trading System and the News Publishing System.
Square Position - Occurs when the total quantity of a Product purchased and sold is the same. For example if You bought 5 and sold 5 the result would be a square position (The total quantity is zero).
Test Dollars -The two currencies known as TEST1 Dollars and TEST2 Dollars within the Software that are used with no financial consequence and are made available for testing purposes only.
Test Products - The two Products known as TEST1 and TEST2 within the Software that may be traded with no financial consequence and are made available for testing and familiarisation purposes only.
Trade Confirmation - A message from the Trading System to the Client Software that includes the traded quantity, traded price, and the unique trading name of the purchaser and the unique trading name of the seller and a unique reference for the trade
Upfront Payments - Monies paid by You to Asset from your Bank Account into our Cash Account.
 


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The software is subject to the Asset2003 License Agreement . This website is subject to these Terms and Conditions .
© Copyright 2003 ASSET Software Incorporated. All rights reserved.