Issued by: Halogen Capital Sdn Bhd (Company Registration No. 202101022404 (1422704-T)) (“Halogen Capital”, “we”, “our”, or “us”)
By selecting the "Continue" button and completing the client onboarding process, you confirm that you have read, understood, and agree to be legally bound by the terms of this Digital Investment Management Client Agreement ("Agreement"). This action forms a binding contract between you and Halogen Capital for all services, accounts, and transactions.
In accepting these terms, you acknowledge that you have had the opportunity to review and understand the key provisions that affect your rights and obligations. We wish to draw your attention to terms that may limit our liability, require you to provide indemnity, define circumstances for the restriction or liquidation of your investments, or permit us to unilaterally amend the agreement, potentially affecting fees and charges.
Halogen Capital grants you a personal, non-exclusive, and revocable licence to use Halogen Capital mobile application (“mobile application”) and our web platform (collectively, the “Platform”) to access our services and manage your investments.
You shall not:
We employ industry-standard encryption and security protocols. However, you acknowledge that no digital platform is entirely immune to cybersecurity risks. You agree to update the mobile application regularly to ensure you have the latest security patches.
To use our services, you must complete our digital client onboarding process. This requires you to provide all necessary documents and information for us to comply with regulatory obligations, including our "Know Your Client" (KYC) procedures.
You represent and warrant that all information provided during the onboarding process is current, accurate, and complete. You undertake to promptly notify us in writing of any changes to this information.
Halogen Capital reserves the sole and absolute discretion to accept or reject any application to become a client without the obligation to furnish any reason. Upon successful onboarding, an investment account will be created for you.
Before providing any services, we will conduct a review of your risk profile, financial situation, and investment experience to assess your suitability and establish your investment portfolio ("Portfolio").
Based on our assessment, we may recommend suitable investment strategies and portfolios. You may also construct your own Portfolio by selecting your preferred target asset class exposures and allocations through our Platform, subject to our suitability assessment and applicable investment parameters. Information on the features, characteristics and risks of the available investment exposures will be made available through our website and mobile application to assist your investment decisions.
Upon your acceptance of a recommended investment strategy or confirmation of your preferred target exposures and allocations, you authorise us to exercise discretionary investment management over your Portfolio. This includes the selection, allocation, purchase, sale, substitution and rebalancing of underlying investment instruments, which may include funds, exchange-traded funds, securities and other permitted investments, in accordance with the agreed investment strategy and applicable regulatory requirements. For the avoidance of doubt, your selection of target asset class exposures and allocations does not constitute an instruction to invest in any specific underlying fund or investment instrument. The selection and management of such instruments remain at our discretion, and may be adjusted from time to time without requiring your prior approval for each transaction.
This discretionary authority does not extend to initiating deposits into or withdrawals from your investment account, which may only be initiated by you.
We are committed to taking all reasonable steps to obtain the best possible result for you when executing transactions. You acknowledge that the Algorithm systematically rebalances your Portfolio to ensure it remains consistent with your target asset allocation and risk profile.
Due to the nature of this automated rebalancing, you acknowledge and provide your prior documented consent for Halogen Capital to facilitate cross-trades (transactions between your Portfolio and another client's Portfolio managed by us). Such trades are undertaken provided that:
Our investment service is delivered through a digital Platform that utilises automated systems and Algorithms to assist in managing your Portfolio. You acknowledge your understanding that these systems operate based on specific rules, assumptions, and are subject to inherent limitations and risks. We reserve the right for our qualified personnel to intervene or override the Algorithms under certain circumstances, such as during periods of significant market stress, technical failure, or for regulatory compliance. You will be notified of any material adjustments made to the Algorithms.
Your monies will be deposited directly into a client trust account held on our behalf by a licensed custodian. We will only accept funds from a bank account registered in your name.
You understand and agree that your investment monies and assets will be held by a third-party licensed custodian in an omnibus trust account. This means your assets will be co-mingled with the assets of other Halogen Capital clients but will be kept entirely separate from Halogen Capital's own proprietary assets. You acknowledge the risks associated with this structure.
We are committed to the comprehensive protection of your assets through robust and effective controls. We maintain systems to accurately identify and account for your assets, ensuring they are segregated and safeguarded against risks of loss from misappropriation, fraud, or our insolvency. We operate under a robust client asset protection framework and will provide regular updates on your holdings via account statements and platform notifications.
We may engage intermediaries (e.g., brokers, custodians, nominees) to execute transactions and hold your assets. While we select these third parties in good faith, we shall not be liable for their act, omission, insolvency, or default.
Investing involves substantial risk, and you may lose your capital. By using our services, you acknowledge and accept the risks detailed in this Agreement and in the relevant Offering Document. These risks include, but are not limited to:
You are solely responsible for making your own independent appraisal of all investments and risks.
The fees payable by you for our services are specified on our website, mobile application and/or in the relevant Offering Document. The fees stated on both our mobile application and website are consistent. These may be amended from time to time with adequate notice.
The basis for the calculation of all fees and charges, which may be expressed as a percentage or a range, is made available to you. This disclosure extends to any other charges that may be payable in the future, even if the exact amount is not determinable at the time of the transaction.
You authorise us to deduct all applicable fees, charges, and expenses directly from your account. For this purpose, we may sell your assets to cover any outstanding amounts.
You are responsible for all taxes applicable to your investments and transactions.
Halogen Capital will provide statements and reports to the Client in accordance with applicable laws, regulations and regulatory requirements. The statements provided to the Client will include such information as is required under applicable regulatory requirements, including the Client’s actual Portfolio position and the fees and charges payable by the Client. In addition to the statements provided to the Client, Halogen Capital will provide reports to the Client at the frequency and containing the information required under applicable regulatory requirements. Such reports will include, where applicable, information concerning the performance of the Client’s Portfolio against appropriate benchmarks, changes in risk that may affect the Client’s investments, and the impact of such changes in risk on the Client’s capital and investment earnings.
You represent and warrant that:
Halogen Capital maintains documented internal procedures for handling client complaints promptly, effectively and fairly. If you have a complaint or grievance regarding our services or the management of your account, you may lodge a formal complaint at support@halogen.my
We will acknowledge your complaint and investigate the matter in accordance with our internal procedures and applicable regulatory requirements. We will provide a written response within the applicable regulatory timeframe. If a dispute cannot be resolved through our internal complaint-handling process, an eligible client may, where applicable, refer the matter to the Financial Markets Ombudsman Service (FMOS) for independent dispute resolution, including mediation or adjudication, in accordance with the applicable requirements and procedures.
We are committed to protecting your information from any risk of loss, theft, misuse, or unauthorised disclosure, access, or modification. We have in place appropriate and effective controls, policies, and procedures to maintain your information in a secure manner.
The purposes for which your information may be collected, processed, held, used, or disclosed are detailed in our Privacy Notice, which is available on our website and forms part of this Agreement. These purposes include, but are not limited to: (a) providing the services to you under this Agreement; (b) complying with legal and regulatory obligations, including anti-money laundering and tax reporting requirements; and (c) other activities related to the management of your investment account. We acknowledge your rights to access your data and consent to data-sharing. We will not disclose your data to third parties without your explicit consent, except where necessary for the provision of our services (such as to custodians or brokers) or as required by law.
We shall not use your information for our own or a third party's interests, nor disclose your information to any unauthorised party, except under circumstances required by law.
We reserve the right to restrict, suspend, or terminate your investment account and this Agreement with immediate effect if you breach any terms, provide false information, are suspected of illegal activities, or if required by law.
You may terminate this Agreement and close your investment account at any time by providing us with written notice in the manner we specify.
Upon termination, all outstanding fees will become immediately due. We will proceed to liquidate your asset and return the net proceeds (minus outstanding fees) to your registered bank account in a timely manner, subject to any legal or regulatory requirements.
You agree to fully indemnify Halogen Capital, its directors, officers, and employees against any and all actions, claims, losses, and expenses arising from your breach of this Agreement, the provision of false information, or us acting on instructions reasonably believed to be genuine and authorised by you.
Halogen Capital shall perform its duties with reasonable care and diligence. We shall not be liable for any indirect, consequential, or incidental damages or losses. Our total aggregate liability shall not exceed the fees paid by you to us during the six (6) months immediately preceding your first written claim.
We may vary or amend the terms of this Agreement at any time by posting an updated version on our website or notifying you via email. Your continued use of our services constitutes acceptance of the changes.
All notices and communications from us to you will be sent electronically to your registered email address or via the Halogen Capital platform.
This Agreement is governed by the laws of Malaysia, and you submit to the exclusive jurisdiction of the courts of Malaysia.
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable.
