Enigma Strategy is authorised and regulated by the Financial Conduct Authority (“FCA”). Financial Reference Number: 926961, under the Financial Services Act 2000 (“the Act”). This Agreement sets out the terms and conditions which govern any business which we do with you, and certain matters, which we are required to disclose to you under the FCA Handbook of Rules and Guidance (“the FCA Rules”).
This Agreement supersedes any previous terms of business agreed between us. Words and expressions used in this Agreement (unless the context otherwise requires) have the same meanings as in the FCA Rules. References in this Agreement to statutes, the FCA Rules and any other rules, regulations or laws shall be to such statutes, FCA Rules, rules, regulations and laws as modified, amended, restated or replaced from time to time. Headings in this Agreement are for convenience only and shall not affect the interpretation of this Agreement.
This client agreement gives details of the services we shall provide to you. It also sets out your and Enigma rights and obligations and should be read carefully. By clicking "I agree to the terms & conditions" you agree to the terms of this Client Agreement and confirm that you have read and understood the risk warning notice below. This agreement will be in force from the date of your acceptance.
Financial Services Compensation Scheme
The provision of trade signals does not constitute as regulated activity under the Financial Conduct Authority; and as such customers who subscribe to this service will not be eligible for the Financial Ombudsman Services (FOS) or the Financial Services Compensation Scheme (FSCS).
You will be classified according to FCA guidelines as a Retail Client. If other firms regulated by the FCA would normally classify you as a Professional Client we may wish to re-classify you as a Professional Client. We will notify you in writing if we wish to change your client classification.
If we categorise you as a Professional Client, you will not benefit from the same level of protection afforded by the FCA Rules to Retail Clients.
You are responsible for keeping us informed about any change that could affect your client categorisation. You have the right to request a different client categorisation, however we may choose not to deal with you on such basis.
We are not permitted by the FCA to hold client money; we have appointed FCA Regulated Brokers which you can find on our Recommended Brokers page to arrange the safekeeping and administration of client money.
These brokers have authority to engage one or more third parties, selected at their discretion to provide clearing, settlement, safe custody, nominee and associated services to you and to change the third party they have selected without your consent (each where appropriate, collectively referred to as Enigma Strategy is authorised and regulated by the Financial Conduct Authority (“FCA”). Financial Reference Number: 926961. Registered in England and Wales (Company Number 12315940)
This Agreement shall be governed by and construed in accordance with English law and the parties irrevocably submit to the exclusive jurisdiction of the English courts.
This Agreement is also subject to the FCA Rules and in the event of conflict between the terms hereof and the FCA Rules, the FCA Rules shall prevail.
Each of the parties irrevocably consents to any process in any legal action or proceedings arising out of or in connection with this Agreement being served on them in accordance with the provisions of this Agreement relating to service of communications. Nothing contained in this Agreement shall affect the right to serve process in any other manner permitted by law.
Neither we nor our associates, nor our officers or employees or our associates officer and employees will be liable for any error of judgment or any loss suffered by you in connection with the Services we provide under this Agreement (and in particular, but without limitation, we will not be liable for any loss which may be sustained in the purchase, holding or sale of any investments or other assets in connection with those services), unless such loss results from either our or their negligence, willful default or fraud.
You will indemnify us and our associates and our and their officers and employees against any cost, loss, liability or expense whatsoever which may be suffered or incurred by us and/or them directly or indirectly in connection with, or as a result of, any service performed or action permitted under this Agreement, except to the extent it is caused by our and/or their negligence, willful default or fraud.
We will be exempt of any liability for any loss or expense you incur by reason of any delay or change in market conditions before any particular transaction is affected.
Nothing in this Agreement will exclude or restrict any obligation or liability which we have or owe to you under the FCA Rules in relation to you, nor any liability which we may incur under the Act or the FCA Rules in respect of a breach of any such obligation, nor will anything in this Agreement require you to indemnify or compensate us to any extent prohibited by the FCA Rules.
We will not be liable to you for the non-performance of any of our obligations by reason of any cause beyond our control, including any breakdown or failure of transmission or communication or computer facilities, postal or other strikes or delays or any other industrial action or the failure of any relevant exchange, clearing house, broker and/or counterparty for any reason to perform its obligations.
We will not be liable for any default of any counterparty, bank, custodian, sub-custodian or other entity which holds money, investments or other documents of title on your behalf or with or through whom transactions are conducted on your behalf.
We give no warranty as to the trading signals and/or guidance given by us under or pursuant to this Agreement or as to the performance or profitability of your assets. We cannot guarantee that investments discussed will not depreciate in value or that they will not be affected by adverse tax consequences. You and any professional tax advisor that you instruct remain responsible for the management of your affairs for tax purposes. We are under no obligation to advise you on the tax implications of transactions and where we may provide you with tax information, you should not rely on such information and should seek your own independent professional advice.
Conflicts of interest
We have appropriate arrangements in place to identify and manage conflicts, which may arise during the course of our business activities. We also undertake ongoing monitoring of business activities to ensure that the internal controls are adequate. Further information in this policy is available upon request.
In the event of any conflict arising between our own interests and those of any client, or if we may have a material interest in a transaction to be entered into with or for a client, we shall inform you and obtain your consent before we carry out your instructions. If appropriate we shall decline to act.
Complaints Procedure: If you would like to talk to us about how we could improve our service to you, or if you are unhappy with the service you are receiving, please contact us. Complaints which are not resolved should be addressed to The Compliance Officer at Enigma Strategy Ltd, 28 Bruton Street, Mayfair, London, W1J 6QH or emailed to [email protected]
We will endeavour to resolve your complaint as quickly as possible, but in any event, will acknowledge receipt of your complaint within five business days. Upon resolution of your complaint, we will send you a final response letter, which sets out the nature of that resolution and any applicable remedy. The final response letter will be issued by the end of eight weeks from first receiving the complaint. A copy of our complaints procedures is available on request.
IF YOU ARE UNSURE ABOUT DEALING IN ANY SPECIFIC INVESTMENT YOU SHOULD SPEAK TO AN AUTHORISED FINANCIAL ADVISER