Terms & Conditions

TERMS AND CONDITIONS

​

FOR CREEKSTONE HOLDINGS

1. General

These Terms and Conditions apply to all investment business undertaken by Creekstone Holdings (“Creekstone,” "we," or "our"), a 501(c)(3) organization based in the U.S., in its dealings with you, the “Client,” effective from the date you receive these Terms and Conditions. These are subject to:

(a) Amendments as per Clause 19 below, and
(b) Any written agreement between Creekstone and the Client, which will prevail.

2. Services Provided

Creekstone may provide investment services such as advising and arranging deals in:

(a) Equity and debt securities
(b) Government securities
(c) Stock Market Investments
(d) Units in collective investment undertakings
(e) Derivative instruments excluding commodities
(f) Any instruments giving entitlement to the above

3. Basis for Contracting, Introducing Business

When dealing with complex products, Creekstone assumes that if you elect to be treated as a professional client, you have sufficient knowledge and experience. Creekstone does not assume responsibility for ensuring appropriateness of services for professional clients. All investments carry risks, including the possibility of financial loss, as outlined in Schedule 2.

4. Intermediaries

If you act on behalf of another person in any transaction, Creekstone will treat you alone as its Client unless prohibited by applicable law. You agree to indemnify Creekstone and its representatives from any liabilities arising from your representation of another person.

5. Communications with the Client

Creekstone may communicate via email, phone, or other electronic means. The use of electronic media may create contractual obligations for you. Electronic communication is deemed accepted unless you notify Creekstone in writing.

6. Orders, Instructions, and Confirmations

Orders can be given orally or electronically (e.g., by email or through agreed methods). Creekstone reserves the right to seek clarification on unclear instructions and is authorized to act on instructions it believes are from the Client, even without further verification.

7. Best Execution

Creekstone will act in accordance with your best interests when transmitting orders unless you are categorized as an eligible counterparty, in which case the obligation to provide best execution does not apply.

8. Investment Exchanges

Creekstone reserves the right to execute orders on- or off-exchange at its discretion. For further details, please refer to Creekstone's Order Execution Policy.

9. Charges

Charges are subject to agreement on a case-by-case basis. You will also pay applicable taxes and fees. Creekstone holds a general lien on your investments or property for any unpaid debt and may exercise this lien following a written demand.

10. Representations and Warranties

You represent that:

i. You are solvent and legally able to enter into these Terms.
ii. You have the power to receive services under applicable laws.
iii. You have full authority to act on behalf of any third party if applicable.

You agree to notify Creekstone of any changes affecting these representations.

11. Breach of Clause 10

In the event of a breach of Clause 10, Creekstone may terminate the agreement without further reference to the Client.

12. Indemnity

You agree to indemnify Creekstone and its representatives from liabilities arising from actions related to these Terms, except in cases of gross negligence or fraud by Creekstone.

13. Interest

In case of payment default, Creekstone reserves the right to charge interest at a rate not exceeding 1% above LIBOR or its borrowing costs, accruing daily.

14. Research

Creekstone may provide research to the Client. This research does not constitute a trade offer or specific advice, and Creekstone is under no obligation to provide research reports.

15. Conflicts of Interest

Creekstone may have material interests in transactions but will act independently. Conflicts may arise from relationships within Creekstone or its affiliates. Creekstone may receive fees, commissions, or non-monetary benefits, provided these do not impair its obligation to act in the Client's best interests.

16. Telephone Recording

Creekstone reserves the right to record telephone conversations and use these recordings as evidence.

17. Regulatory Provisions

As a professional client or eligible counterparty, you may lose certain protections under U.S. regulations, including access to compensation schemes.

18. Confidentiality and Data Protection

Creekstone may share your information with its affiliates for business purposes, but confidentiality will be maintained. Your personal data may be processed in accordance with our Privacy Policy, which complies with U.S. law.

19. Amendments & Termination

Creekstone may amend these Terms at any time by posting the updated Terms on its website. Continued dealings with Creekstone imply acceptance of the updated Terms. Termination does not affect outstanding orders or transactions.

20. Severance of Clauses, No Waiver

If any clause is deemed unenforceable, the remaining clauses will continue in effect. A failure by Creekstone to enforce any provision does not constitute a waiver of rights.

21. Netting

Creekstone reserves the right to set off any outstanding amounts owed to it by the Client against any amounts Creekstone owes to the Client.

22. Entire Agreement

These Terms represent the entire agreement between Creekstone and the Client, subject to written amendments.

23. Successors

Creekstone may assign its rights under these Terms to an affiliate upon notice to the Client.

24. No Rights under Contracts (Rights of Third Parties) Act 1999

No third party has rights to enforce these Terms unless explicitly provided.

25. Force Majeure

Creekstone is not liable for failure or delays caused by events beyond its control, such as regulatory changes, system failures, or natural disasters.

26. Governing Law

These Terms are governed by the laws of the United States, and both parties agree to submit to the exclusive jurisdiction of the courts of the United States