This document forms part of the agreement between you and Deriv and should be read in conjunction with our General Terms of Use for clients (the "General Terms"). Any defined terms used in these additional terms shall have the meaning given to them in the General Terms.
1. Introduction
1.1. Deriv Investments (Cayman) Limited, incorporated on 25 January 2024 (registration No 406695), is based in the Cayman Islands with its registered address at Campbells Corporate Services Limited, Floor 4, Willow House, Cricket Square, Grand Cayman KY1-9010, Cayman Islands (“we” or “us”). We are regulated by the Cayman Islands Monetary Authority under the Securities Investment Business Act to operate a securities investment business as a Broker Dealer.
1.2. These additional terms apply to all clients who have an account with Deriv Investments (Cayman) Limited.
1.3. If there are any inconsistencies or deviations between these additional terms and/or any other documents forming part of the Agreement, these additional terms shall prevail in respect of your account with us.
2. Client classification
2.1. To comply with the Securities Investment Business Act and Securities Investment Business (Conduct of Business) Regulations, we are required to classify our clients as either “Retail Clients”, “Professional Clients”, or “Market Counterparties”. Different levels of regulatory protection apply to each category. In particular, Retail Clients are offered the highest degree of regulatory protection, whilst Professional Clients and Market Counterparties are afforded a lower degree or no regulatory protection.
2.2. We will classify you as a Retail Client for the purposes of the Services when you sign up with us on the Website.
2.3. You may request that we reclassify you as a Professional Client, but we will not be obliged to do so. We will only re-classify and treat you as a Professional Client if you are eligible to be categorised as such. As a Private Client, you are not eligible to be re-classified as a Market Counterparty.
3. Records
3.1. As stated in the General Terms, we may keep records due to our legal and regulatory obligations. A request for access to your records may be made at any time during the period for which we are required to retain your records under the Securities Investment Business Conduct of Business Regulations (2003). Upon receiving such a request, we will, within a reasonable period of time:
3.1.1. Make available to you those parts of any written materials and records relating to you that we have sent or are required to send to you under the Securities Investment Business Conduct of Business Regulations (2003); and
3.1.2. Provide you with copies of any correspondence that we have received from you relating to your account with us.
4. Our standard of service
4.1. To avoid doubt, and notwithstanding the provisions of Clause 11 (Warranties and indemnities) and Clause 12 (Liability) of the General Terms of Use, nothing in the Agreement shall exclude or restrict any duty or liability which we owe to you under the Securities Investment Business Act or the Securities Investment Business (Conduct of Business) Regulations.
4.2. In accordance with our regulatory obligations, we shall: (a) act with high standards of market conduct, integrity and fair dealing in the conduct of our securities investment business; and (b) act with due skill, care and diligence in providing the Services to you.
5. Client money
5.1. You acknowledge and consent to your money being held in a segregated client bank account outside the Cayman Islands, currently in the Isle of Man (“Offshore Bank”).
5.2. For the purposes of the above, you understand that the legal and regulatory regime applicable to the Offshore Bank is different from that of the Cayman Islands and, in the event of default by the Offshore Bank, your money may be treated differently than if held in the Cayman Islands. You should consider taking independent legal advice if you are concerned about these implications.
5.3. If you do not wish for your monies to be transferred to the Offshore Bank, you must not fund or maintain your trading account with us. To the extent you have already deposited money, you should promptly withdraw any available funds and instruct us in writing to close your account.
6. Information transmitted electronically
6.1. You agree that all documents, statements, contract notes, confirmations, notices and other information (“Electronic Information”) may be delivered to you electronically either via your secure online account in our platform or via email. Where we request an acknowledgement of receipt, you agree to provide it; your continued use of the platform, a reply, or read receipt constitutes acknowledgement when requested.
6.2. Electronic Information we share with you via your online account is deemed sent and received when it is posted to your account in our platform and available for access.
6.3. Electronic Information we share with you via email is deemed sent when it leaves our system and is considered received when it reaches your registered email address, which you have designated.
7. Applicable currency
7.1. All trades, margin, settlement, account reporting and fees and charges under the Agreement will be made, executed and settled in United States dollars (USD). You expressly acknowledge and agree that your obligations are in USD.
8. Spread and swap adjustments
8.1. The spreads and swap adjustments applicable to your use of our services are set out in our Trading Terms. For further specifics related to CFD trading, please refer to our trading specifications page.
9. Disclosure information
9.1. You consent to us disclosing your information, including personal data, to other Deriv group entities, together with their sub-contractors, who provide certain services, functions and activities on our behalf.
9.2. To the extent we owe you a duty of confidence, you also consent to us disclosing your confidential information:
9.2.1. In the normal course of business and to execute your instructions;
9.2.2. As required or permitted by applicable law, regulation, code of practice, court order, warrant or payment system; and
9.2.3. Where disclosure is made in good faith regarding wrongdoing or serious threats to life, health, safety or the environment, consistent with applicable law.
10. Conflicts of interest
10.1. We have in place appropriate procedures to identify conflicts of interest between us, our directors, employees, or other persons or companies connected, directly or indirectly, with us in the course of providing our services to you. We are required to act in your best interest when providing our services.
10.2. However, you should be aware of the following when entering into a transaction with us:
10.2.1. In providing our Services, we may execute orders on your behalf or deal on our own account. In both cases, we act as principal and are therefore the counterparty to all trades you enter into. When dealing on our own account, we may, over time, generate revenue from clients’ potential aggregate losses.
10.2.2.We are responsible for setting the price of financial products on the Platforms, so prices may be different from those provided by other brokers or the market price.
11. Complaints
11.1 If you would like to file a complaint about our Services, you can send the details to us at complaints@deriv.com.
11.2. We will acknowledge receipt of your complaint in writing promptly after receiving it. We will then investigate the matter and provide you with a written response within 14 days from the date the complaint was received.
