Agreements & Acknowledgements, Disclaimers and Risk Disclosure Statements

Agreements & Acknowledgements

1. I/We understand and agree that the Agreements & Acknowledgements stated below are in addition toand without prejudice to the terms and conditions that govern my/our access to and/or use of this service(“Terms and Conditions”) and in case of any inconsistency between them and the Terms and Conditions,the Terms and Conditions shall prevail.
2. We hereby agree to the following:
   
   • To ensure lawfulness, the truthfulness, completeness and accuracy of all instructions and all information sent by me/us via this service.
   • To indemnify Sun Hung Kai Commodities Limited (“SHKCOM”), its holding company, fellow subsidiaries, associates or other affiliates (collectively called “EBSI”) on demand for any losses, damages, liabilities, costs, expenses or claims which EBSI may suffer or incur arising from its reliance on the above or otherwise in connection with the instruction(s) and/or information I/we have given through or in connection with this service.
   • If there is any unauthorised use of my/our login ID and/or password, I/we shall notify you immediately. I/We further agree that I/we shall bear all risks in connection with any unauthorised use of my/our login ID and/or password and I/we shall indemnify EBSI on demand for any losses, damages, liabilities, costs, expenses or claims which it may suffer or incur as a result of any unauthorised use of my/our login ID and/or password.
3. Also, I/We acknowledge the following:
   
   • Transactions undertaken on an electronic trading system expose me/us to risks associated with the system including failure of its hardware and/or software, and that the result of any system failure may be that my/our order is either not executed according to my/our instructions or is not executed at all. In addition, due to unpredictable traffic congestion and other reasons, electronic transmission is inherently unreliable. For example, transactions conducted via electronic means are subject to (i) delays in transmission such as delays in receipt of my/our instructions or other information; (ii) delays in execution; (iii) the risk of order execution at prices different from those prevailing at the time my/our instructions were given, and (iv) transmission interruption or blackout.
   • SHKCOM has the right to reject my/our instruction(s) in its absolute discretion, and is authorized to execute my/our order instruction(s) without further notice to or consent from me/us and I/we understand that an order placed electronically may be executed before I/we can cancel or amend it.
   • I/we understand the Disclaimers regarding Linked Websites and the contents of the Risk Disclosure Statements stated below and agree to accept the risks stated therein.

Disclaimers regarding Linked Websites
My/Our access to or use of any other websites linked to SHKFs websites ("third-party websites") or any part of their respective contents is at my/our own risk. EBSI is not responsible for any matter related to the third-party websites (including but not limited to the contents or the set-up thereof).

My/Our access to and/or use of any of the third-party websites shall be governed by the terms and conditions (including but not limited to such website's privacy statement) of the owner/provider of such website and I/we must comply with such terms and conditions.

Notwithstanding the provision of the hyperlinks to the third-party websites, EBSI does not endorse, approve, guarantee or recommend any third party, any of the third-party websites or any product or service on the same.

EBSI is not and will not be a party to any agreement or other arrangement between me/us and the owner/provider of any of the third-party websites. Thus, EBSI accepts no liability in connection with or arising from usage of any of the third-party websites, even if any relevant notice may have been given to EBSI.

EBSI is not responsible for any matter related to any software required for linking to any of the third-party websites (including but not limited to the downloading of such software) or for any consequences from my/our downloading or using, in any other way, such software.

The downloading or use of such software may be governed by a licence agreement and I/we must comply with the terms and conditions therein contained.

I am/ We are solely responsible for my/our breach of any such term or condition. EBSI does not accept any liability whatsoever as a result of my/our downloading or using, in any other way, such software.

Risk Disclosure Statements
The risk of loss in trading futures or options is substantial. In some circumstances, I/we may suffer losses in excess of my/our initial margin deposits. Placing contingent orders, such as stop-loss or stop-limit orders, will not necessarily avoid loss since market conditions may make it impossible to execute such orders. I/we may be called upon at short notice to deposit additional margin funds. If the required funds are not provided within the prescribed time, my/our position(s) may be liquidated, and I/we will remain liable for any resulting deficit in my/our account. I/we should therefore study and understand futures and options before I/we trade and carefully consider whether futures/ options trading is suitable in the light of my/our own investment experience financial position, investment objectives and other relevant circumstances. If I/we trade options, I/we also acknowledge that I/we understand the related exercise and expiration procedures and my/our rights and obligations upon exercise or expiry.

Should there be any inconsistency between the English and Chinese versions of the above Agreements& Acknowledgements, Disclaimers and Risk Disclosure Statements, the English version shall prevail.