Dormancy Account Reactivation Rebate Offer Terms and Conditions
CMC Markets New Zealand plc
July 2019
Introduction
1. These terms and conditions (“Terms”) form the basis of the offer to participate in the CMC Markets Dormant Account Reactivation Rebate Offer (“Offer”).
2. Taking part in this Offer constitutes acceptance of these Terms. CMC Markets NZ Limited (a company registered in New Zealand, Company Registration No. 1705234) is the provider of this Offer (“CMC Markets”). CMC Markets reserves the right to vary or cancel any of these Terms at any time, subject to applicable laws.
3. Capitalised terms used but not defined herein have the meaning given to them in the Product Disclosure Statement, General Terms and Conditions, and the relevant Terms and Conditions of Trading relating to the relevant Account (as defined below) ("Legal Documents").
Conditions of Eligibility
4. The Offer is available to customers who have satisfied the Eligibility Criteria for the Offer (“Eligible Customer”).
5. The Eligibility Criteria for the Offer are:
(a) the customer holds a trading account on the Next Generation Platform or an account opened from the Next Generation Platform ("Account");
(b) the customer is invited to participate in the Offer via email from CMC Markets in relation to an Account;
(c) at the time the customer is invited to participate in the Offer by CMC Markets, the customer’s Account has been inactive for a continuous period of at least 10 months;
(d) the customer places one or more Trades on the Account, within 30 days of receiving the invitation to participate in the Offer from CMC Markets; and
(e) the customer is not an immediate family member of an employee of CMC Markets or any other company within its group as determined by CMC Markets in its absolute discretion.
6. The Offer is not available for corporate accounts and must only be used for personal and non-commercial purposes.
Offer Period
7. The Offer is open for a period of 90 days from the date an Eligible Customer places their first Trade to reactivate their Account (“Offer Period”).
The Offer
8. The Offer entitles an Eligible Customer to receive a monthly rebate of twenty percent (20%) of the Spread applicable to the Level 1 Price of Trades (except for Share CFD Trades where the rebate will be 20% of the Commission paid) ("Rebate") excluding Countdowns.
9. The amount of the Rebate earned in a calendar month will be credited to your Account in the following month.
10. Payments shall be made in the Account Currency.
11. Each person who successfully takes part in the Offer is responsible for any and all taxes payable (if any) as a result of this Offer being awarded, received or accepted.
Legal
12. The Offer should not form the basis of any decisions you make in relation to your Account activity.
13. Eligible Customers shall not be entitled to any other rebate offered by CMC Markets, regardless of the eligibility requirements of such other rebate offer. This includes, but is not limited to, cash rebates based on volume of trading, as described on CMC Markets' website.
14. The Rebate cannot be used to limit your liability in respect of your Trades and may not be used to set-off any payment obligations you have to us.
15. The Rebate cannot be used to satisfy your total margin requirement, until such time as the payment has been credited to your Account. Please note that the Account-Close Out process outlined in the Legal Documents will apply and you should not rely on any Rebate to prevent an Account-Close Out.
16. The Rebate will not be payable in respect of any Trades that are subsequently voided, reversed or cancelled by CMC Markets in accordance with the Legal Documents and associated documentation. If the Rebate has already been paid in respect of any such Trades that are subsequently voided, reversed or cancelled by CMC Markets, CMC Markets will deduct the Rebate paid in respect of such Trade from your Account.
17. CMC Markets will not be liable for any (direct or indirect) loss caused by a delayed or missed Rebate payment.
18. In addition to any other rights and remedies CMC Markets may have, any breach or suspected breach of the Legal Documents will entitle CMC Markets to stop any Rebate immediately and without prior written notice, and/or reclaim any Rebate previously paid pursuant to these Terms.
19. CMC Markets retains the right to withdraw or amend the Offer at any time, without prior notice and in its sole discretion. Any Rebate payment does not represent a commitment to make further payments in the future.
20. A failure by CMC Markets to enforce any of these Terms in any instance(s) will not give rise to any claim by any person or prevent CMC Markets from taking enforcement action later.
21. All persons taking part in the Offer, to the maximum extent permitted by law, release from, and indemnify CMC Markets against, all liability, cost, loss or expense arising out of or in connection with the Offer including (but not limited to) personal injury and damage to property and whether direct or consequential, foreseeable, due to any negligent act or omission or otherwise.
Risk Warning
22. Please note that CMC Markets' derivative products can be risky and are not suitable for all investors. You do not own, or have any interest in, the underlying securities. Consequently, you should consider your objectives, financial situation and needs before making any decision about whether to acquire CMC Markets' derivative products.
23. These Terms and Conditions are dated 22 July 2019.
