BDS LTD
GENERAL RISK
DISCLOSURE STATEMENT
BDS LTD
May 2020
BDS Ltd (Registration No. 8424660-1) is authorized and regulated by the Financial Services Authority
(the “FSA”, licence no. SD047) Registered address: Suite 3, Global Village, Jivan’s Complex, Mont
Fleuri, Mahe, Seychelles.
BDS LTD
1. Introduction
BDS LTD (hereafter “the Company” or “We” or “Us”) is an International Business Company incorporated on 3rd
of December 2018 in the Republic of Seychelles, under the International Business Companies Act 2016, with
Registration number 8424660-1. The Company operates through the website global.bdswiss.com (hereafter
“the Website”).
2. Risk Warnings
The Client should not engage in any investment directly or indirectly in Financial Instruments unless (s)he
knows and fully understands the risks involved for each one of the Financial Instruments offered by the
Company. Therefore, prior to applying for an account, the Client should consider carefully whether investing
in a specific Financial Instrument is suitable for him/her in the light of his/her personal circumstances and
financial resources.
In case the client does not understand the risks involved, he/she should seek advice or consultation from an
independent financial advisor. If the Client still does not understand the risks involved in trading in any
Financial Instruments, he/she should not trade at all.
3. General Risks and Acknowledgements
In consideration of the Company agreeing to engage into CFD trading with the Client, the Client
acknowledges, understands, agrees and accepts the risks including but not limited:
(a) The Company does not and cannot guarantee that funds deposited in the Client’s Account for trading
will not be lost as a result of the Client’s transactions.
(b) The Client acknowledges that, regardless of any information which may be offered by the Company, the
value of any investment in Financial Instruments may fluctuate downwards or upwards and it is even
probable that the investment may become of no value.
(c) The Client acknowledges that he/she runs a great risk of incurring losses and damages as a result of the
purchase and/or sale of any Financial Instrument and accepts that he/she is willing to undertake this
risk.
(d) Information of the previous performance of a Financial Instrument does not guarantee its current
and/or future performance. The use of historical data does not constitute a binding or safe forecast as
to the corresponding future performance of the Financial Instruments to which the said Information
refers.
(e) The Client is hereby advised that the transactions undertaken through the dealing services of the
Company may be of speculative nature. Large losses may occur in a short period of time and may be
equal to the total value of funds deposited with the Company.
(f) Some Financial Instruments may not become immediately liquid, for example, as a result of reduced
demand and the Client may not be in a position to sell them or easily obtain information on the value of
these Financial Instruments or the extent of the associated risks.
BDS Ltd (Registration No. 8424660-1) is authorized and regulated by the Financial Services Authority
(the “FSA”, licence no. SD047) Registered address: Suite 3, Global Village, Jivan’s Complex, Mont
Fleuri, Mahe, Seychelles.
BDS LTD
(g) When a Financial Instrument is traded in a currency other than the currency of the Client’s country of
residence, any changes in the exchange rates may have a negative effect on its value, price and
performance.
(h) A Financial Instrument on foreign markets may entail risks different to the usual risks of the markets in
the Client’s country of residence. In some cases, these risks may be greater. The prospect of profit or
loss from transactions on foreign markets is also affected by exchange rate fluctuations.
(i) A Derivative Financial Instrument (i.e. option, future, forward, swap, contract for difference) may be a
non delivery spot transaction giving an opportunity to make profit on changes in currency rates,
commodity, stock market indices or share process called the underlying instrument.
(j) The value of the Derivative Financial Instrument may be directly affected by the price of the security or
any other underlying asset which is the object of the acquisition.
(k) The Client should not purchase a Derivative Financial Instrument unless he/she is willing to undertake
the risks of losing entirely all the money which he has invested and also any additional commissions and
other expenses incurred.
(l) Under certain market conditions (for example but not limited to the following situations: force majeure
event, technical failure, communications network failure, poor or no liquidity, market news or
announcements etc.) it may be difficult or impossible to execute an order.
(m) Placing “Stop-Loss” Orders serves to limit your losses. However, under certain market conditions the
execution of a “Stop-Loss” Order may be worse than its stipulated price and the realized losses can be
larger than expected.
(n) Should the Equity of the Client be insufficient to hold current positions open, the Client may be called
upon to deposit additional funds at short notice or reduce exposure. Failure to do so within the required
time may result in the liquidation of positions at a loss and the Client will be liable for any resulting
deficit.
(o) The Client’s attention is expressly drawn to currencies traded so irregularly or infrequently that it
cannot be certain that a price will be quoted at all times or that it may be difficult to effect transactions
at a price which may be quoted owing to the absence of a counterparty.
(p) Trading on-line, no matter how convenient or efficient, does not necessarily reduce risks associated
with currency trading.
(q) There is a risk that the Client’s trades in Financial Instruments may be or become subject to tax and/or
any other stamp duty, for example, because of changes in legislation or his/her personal circumstances.
The Company does not warrant that no tax and/or any other stamp duty will be payable. The Client
should be responsible for any taxes and/or any other duty which may accrue in respect of his/her
trades.
(r) Before the Client begins to trade, he/she should obtain details of all commissions and other charges for
which the Client will be liable. If any changes are not expressed in money terms ( but for example a
dealing spread), the Client should ask for a written explanation, including appropriate examples, to
establish what such charges are likely to mean in specific money terms.
(s) The Company will not provide the Client with Investment Advice relating to investments or possible
transactions in investments or make investment recommendations of any kind.
(t) There may be situations, movements and/or conditions occurring at the weekend, at the beginning of
the week or intra-day after the release of the significant macroeconomic figures, economic or political
news that make currency markets to open with price levels that substantially differ from previous
BDS Ltd (Registration No. 8424660-1) is authorized and regulated by the Financial Services Authority
(the “FSA”, licence no. SD047) Registered address: Suite 3, Global Village, Jivan’s Complex, Mont
Fleuri, Mahe, Seychelles.
BDS LTD
prices. In this case, there exists a significant risk that orders issued to protect open positions and open
new positions may be executed at prices significantly different from those designated.
4. Third Party Risks
4.1 The Company may be required to hold your money in an account that is segregated from other Clients
and the Company’s money in accordance with current regulations, but this may not afford complete
protection.
4.2 The Company may pass money received from the Client to a third party (e.g. a bank) to hold or control in
order to effect a Transaction through or with that person or to satisfy the Client’s obligation to provide
collateral (e.g. initial margin requirement in respect of a Transaction). The Company has no responsibility
for any acts or omissions of any third party to whom it will pass money received from the Client.
4.3 The third party to whom the Company will pass money may hold it in an omnibus account and it may not
be possible to separate it from the Client’s money, or the third party’s money. In the event of the
insolvency or any other analogous proceedings in relation to that third party, the Company may only have
an unsecured claim against the third party on behalf of the Client, and the client will be exposed to the
risk that the money received by the Company from the third party is insufficient to satisfy the claims in
respect of the relevant account. The Company does not accept any liability or responsibility for any
resulting losses.
4.4 A Company or Bank or Broker through whom the Company may deal with could give interests contrary to
the Client’s interests.
4.5 The insolvency of the Company or of a Bank or Broker used by the Company to effect its transactions may
lead to the Client’s positions being closed against his/her wishes.
5. Cash Settlements
CFD trading can only be settled in cash.
6. Conflicts of Interests
The Company is the counterparty to all transactions entered into under the Client Agreement and, as such,
the Company’s interests may be in conflict with yours. For further details please read our Conflicts of Interest
Policy which is available on the Website.
7. Prices are set by the Company and may be different from prices reported elsewhere
The Company will provide the prices to be used in trading and the valuation of Client’s positions in accordance
with its Trading Policies and Procedures. The trading rates assigned to the assets on the Website are the ones
at which the Company is willing to sell CFDs to its customers at the point of sale. As such, they may not
directly correspond to real time market levels at the point in time at which the sale of options and/or CFDs
BDS Ltd (Registration No. 8424660-1) is authorized and regulated by the Financial Services Authority
(the “FSA”, licence no. SD047) Registered address: Suite 3, Global Village, Jivan’s Complex, Mont
Fleuri, Mahe, Seychelles.
BDS LTD
occurs.
8. Rights to underlying assets
You have no rights or obligations in respect of the underlying assets relating to your CFD trading.
9. Trading Platform Risks
9.1 Clients, who undertake transactions on an electronic trading system, will be exposed to risks associated
with the system including the failure of hardware and software (Internet/Servers). The result of any
system failure may be that an order is not executed according to the instructions provided for it or it is not
executed at all. The Company does not accept any liability in the case of such failure. The use of wireless
connections or dial-up connections, or any other form of unstable connection at the client’s end, may
result in poor or interrupted connectivity or lack of signal strength causing delays in the transmission of
data between the client and the Company, when using the Company’s Electronic Trading Platform. Such
delays or disturbances may result in the client sending out of date “Market Orders”. In these
circumstances, the Company will update the price and execute the order at the best available “market
price”.
9.2 The Client acknowledges that only one Instruction is allowed to be in the queue at one time. Once the
client has sent an Instruction, any further Instructions sent by the Client are ignored and the “orders is
locked” message appears until the first Instruction is executed.
9.3 The Client acknowledges that the only reliable source of Quotes Flow information is that of the live
Server’s Quotes Base. Quotes Base in the Client Terminal is not a reliable source of Quotes Flow
Information because the connection between the Client Terminal and the Server may be disrupted at
some point and some of the Quotes simply may not reach the Client Terminal.
9.4 The Client acknowledges that when an Order is closed or being executed, it may not be cancelled or
modified.
9.5 The Client may lose all amounts (s)he has deposited with the Company as margin. The placing of certain
orders available on the Trading Platform (e.g. “stop-loss” or “limit” orders) that are intended to limit
mosses to certain amounts may not always be effective because market conditions or technological
limitations may make it impossible to execute such orders. Please also note that for all orders (including
guaranteed stop loss orders) the Client may sustain the loss (which the Client’s order is intended to limit)
in a short period of time. In other cases, the execution of a “Stop-Loss” order may be worse than its
stipulated price and the realized losses can be larger than expected.
10. Technical Risks
10.1 The Company shall not be responsible for the risks of financial losses caused directly or indirectly by
failure, malfunction, interruption, disconnection or malicious actions of information, communication,
electricity, electronic or other systems.
10.2 The Company has no responsibility if authorized third persons have access to information, including
electronic addresses, electronic communication and personal data when the above are transmitted
BDS Ltd (Registration No. 8424660-1) is authorized and regulated by the Financial Services Authority
(the “FSA”, licence no. SD047) Registered address: Suite 3, Global Village, Jivan’s Complex, Mont
Fleuri, Mahe, Seychelles.
BDS LTD
between the Company and any other party, using the Internet or other network communication facilities,
telephone, or any other electronic means.
10.3 The Client acknowledges that the unencrypted information transmitted by e-mail is not protected from
any unauthorized access.
10.4 At times of excessive deal flow the Client may have some difficulties to be connected over the phone or
the Company’s trading platform(s)/ system(s), especially in the fast Market (for example, when key
macroeconomic indicators are released).
10.5 The Client acknowledges that the internet may be subject to events which may affect his/her access to
the Website and/or the Company’s trading platform(s)/system(s), including but not limited to
interruptions or transmission blackouts, software and hardware failure, internet disconnection, public
electricity network failure or hacker attacks. The Company is not responsible for any damages or losses
resulting from such events which are beyond its control or for any other losses, costs, liabilities or
expenses (including, without limitation, loss of profit) which may result from the Client’s inability to access
the Website and/or Trading System or delay or failure in sending orders or Transactions.
10.6 The Client is warned that when trading in an electronic platform (s)he assumes risk of financial loss which
may be a consequence of amongst other things:
(a) Failure of Client’s devices, software and poor quality of connection.
(b) The Company’s or Client’s hardware or software failure, malfunction or misuse.
(c) Improper work of Client’s equipment.
(d) Wrong setting of Client’s Terminal.
(e) Delayed updates of Client’s Terminal.
10.7 In connection with the use of computer equipment and data and voice communication networks, the
Client bears the following risks amongst other risks in which cases the Company has no liability of any
resulting loss:
(a) Power cut of the equipment on the side of the Client or the provider, or communication operator
(including voice communication) that serves the Client.
(b) Physical damage (or destruction) of the communication channels used to link the Client and provider
(communication operator), provider, and the trading or information server of the Client.
(c) Outage (unacceptably low quality) of communication via the channels used by the Client, of the
channels used by the provider, or communication operator (including voice communication) that are
used by the Client.
(d) Wrong or inconsistent with requirement settings of the Client Terminal.
(e) Untimely update of the Client Terminal.
(f) When carrying out transactions via the telephone (land or cell phone lines) voice communication, the
Client runs the risk of problematic dialing, when trying to reach an employee of the broker service
department of the Company due to communication quality issues and communication channel loads.
(g) The use of communication channels, hardware and software, generate the risk of non-reception of a
message (including text messages) by the Client from the Company.
(h) Trading over the phone might be impeded by overload connection.
(i) Malfunction or non-operability of the trading system (platform), which also includes the Client
Terminal.
BDS Ltd (Registration No. 8424660-1) is authorized and regulated by the Financial Services Authority
(the “FSA”, licence no. SD047) Registered address: Suite 3, Global Village, Jivan’s Complex, Mont
Fleuri, Mahe, Seychelles.
BDS LTD
(j) Outage (unacceptably low quality) of communication via the channels used by the Company, in
particular physical damage (destruction) of the communication channels by third parties.
11. Risks particularly associated with transactions in financial instruments (CFDs)
11.1 Investing in some Financial Instruments entails the use of “gearing” or “leverage”. In considering
whether to engage in this form of investment, the Client should be aware that the high degree of
“gearing” or “leverage” is a particular feature of Derivative Financial Instruments. This stems from the
margining system applicable to such trades, which generally involves a comparatively modest deposit or
margin in terms of the overall contract value, so that a relatively small movement in the underlying
market can have a disproportionately dramatic effect on the Client’s trade. If the underlying market
movement is in the Client’s favour, the client may achieve a good profit, but an equally small adverse
market movement can not only quickly result in the loss of the Client’s entire deposit, but also expose the
Client to a large additional loss. In regard to transactions in derivative Financial Instruments, a derivative
Financial Instrument is a non-deliverable spot transaction giving an opportunity to make profit or loss on
changes in currency rates, commodity, stock market indices or share prices called the underlying
instrument. The Client must not purchase derivative Financial Instrument unless he/she is willing to
undertake the risks of losing entirely all the money which he has invested and also any additional
commissions and other expenses incurred. For further details please read our Risk Disclaimer for Financial
Instruments which is available on the Website.
11.2 Transactions may not be undertaken on a recognized or designated investment exchange and,
accordingly, they may expose the Client to greater risks than exchange transactions. The terms and
conditions and trading rules may be established solely by the Execution Venue. The Client may also have
to close any position with the same counterparty with whom it was originally entered into. In regard to
transactions in Financial Instruments with the Company, the Company is using a Trading Platform for
transactions in Financial Instruments which does not fall into the definition of a recognized exchange or a
Multilateral Trading Facility.
12. The Company is not an advisor or a fiduciary to the Client
Where the Company provides generic market recommendations, such generic recommendations do not
constitute a personal recommendation or investment advice and have not considered any of specific
Client’s personal circumstances or investment objectives nor is it an offer to trade, or the solicitation of an
offer to trade CFDs. Each decision made by the Client to trade in CFDs with the Company and each
decision as to whether a transaction is appropriate or proper for the Client is an independent decision
made by the Client himself. The Company does not act as an advisor or serving as a fiduciary to the Client.
The Client agrees that the Company has no fiduciary duty to the Client and no liability in connection with
and is not responsible for any liabilities, claims, damages, costs and expenses, including attorneys’ fees,
incurred in connection with the Client following the Company’s generic trading recommendations or
taking or not taking any action based upon any generic recommendation or information provided by the
Company.
BDS Ltd (Registration No. 8424660-1) is authorized and regulated by the Financial Services Authority
(the “FSA”, licence no. SD047) Registered address: Suite 3, Global Village, Jivan’s Complex, Mont
Fleuri, Mahe, Seychelles.
BDS LTD
13. Recommendations are not guaranteed
The generic market recommendations provided by the Company are based solely on the judgment of the
Company’s personnel and should be considered as such. The Client acknowledges that (s)he enters into
any transactions relying on his/her own judgment. Any market recommendations provided are generic
only and may or may not be consistent with the market positions or the intentions of the Company and/or
its affiliates. The Company’s generic recommendations are based upon information believed to be
reliable, but the Company cannot and does not guarantee the accuracy or completeness thereof or
represent that following such generic recommendations will eliminate or reduce the risk inherent in
trading in CFDs.
14. No guarantee of profit
There are no guarantees of profit or avoidance of losses when trading in CFDs. The Client has not and will
not receive any such guarantees from the Company or from any of its representatives. The Client must
become aware of the risks inherent in trading in CFDs and is financially able to bear such risks and
withstand any losses incurred.
Important Notice: This document and the Risk Disclaimer for Financial Instruments does not disclose,
contain or explain all of the risks and other significant aspects involved in dealing in all Financial
Instruments and Investment Services. This document was designed to explain in general terms the nature
of the risks involved when dealing in Financial Instruments on a fair and non-misleading basis in
accordance with the Law.
Please read the Risk Disclaimer in Financial Instruments available on the Website if you are considering
trading with the Company in derivative financial instruments such as CFDs.
BDS Ltd (Registration No. 8424660-1) is authorized and regulated by the Financial Services Authority
(the “FSA”, licence no. SD047) Registered address: Suite 3, Global Village, Jivan’s Complex, Mont
Fleuri, Mahe, Seychelles.