Common use of Application and Commencement Clause in Contracts

Application and Commencement. 3.1. The Agreement shall commence once the Client has been informed about their account being activated, after the Client fills in and submits the Account Opening Application Form and the Company has completed due diligence and satisfied its requirements in terms of Know Your Customer (hereafter referred to as the “KYC”) or any other procedures. 3.2. The Client accepts that from the date of the notification, they have fifteen (15) days to provide the Company with the missing documentation. During such a period, the Client can deposit a total amount of up to 2,000 (two thousand) in the Account Currency. If the Client provides the missing documentation in due time, the Company shall update the Client's Account status in a reasonable time and shall inform the Client that the deposit limit has been lifted. If the Client has not provided all the relevant information and/or documentation, to satisfy the Company’s KYC in due time, on the 15th day, the Company shall close all existing Open Positions (the time of the closing of the Open Positions is at the discretion of the Company), and all remaining funds must be returned to the Client/beneficial owner, through the same funding method. The procedure for returning the funds must occur immediately, regardless of whether the Client has requested the return of their funds or not. The remaining funds (deposits) include any profits the Client has gained during their Transactions and deducting any losses incurred. The Company will disable any Access Data that has been given to the Client until such date and terminate the Business Relationship. The timeframe of fifteen (15) days commences from the initial contact. The initial contact takes place the moment that the Client either accepts the Client Agreement or makes their first deposit, whichever comes first. If the 15th day is not a Business Day, then the Company shall take the above-mentioned actions on the last Business Day before the 15th day. 3.3. Some areas or parts of the Company’s Website and/or the Platform may have different specific Terms of Access and/or use posted thereon, if there is a conflict and/or discrepancy between these Terms and Conditions and any such specific terms of access and/or use, the latter shall have precedence with respect to your access and/or use of such relevant area or part of the Company’s Website and/or the Platform. 3.4. Your access and use of the Company’s Website and/or the Platform constitute your acceptance of this Agreement and any other legal notices and statements contained on or in our Website and/or the Platform. Your access and use of the Website and/or the Platform is governed by the version of this Agreement that is in effect on the date on which our Website and/or the Platform is accessed and/or used by you. 3.5. For avoidance of doubt, the Company shall not be responsible for any authorised access and/or use by Minors of our Website and/or the Platform in any way or manner and we are not responsible for determining whether any transaction you may enter into via our Website and/or the Platform is suitable, appropriate, or advisable to you. 3.6. In accordance with the foregoing, you hereby represent and warrant, without prejudice to any other representations, warranties and/or covenants made under this Agreement: (a) that you are an individual who can form legally binding contracts under the laws applicable in your country of residence; (b) that you are above the age of eighteen (18) or otherwise above the legal age in your country of residence; (c) that you are domiciled or located in a country where the distribution or use of CFDs would not be contrary to local laws or regulations. It is your responsibility to ascertain the terms of, and comply with any local laws or regulations to which you are subject, (d) that all of the information provided by you to us for the purposes of, or in the context of, opening an account with us and/or accessing and/or using our Website and/or the Platform (in particular, but without limitation, in your Account Opening Application Form(s)) is true, accurate and correct (e) that you have all the necessary rights, power, and authority to enter into this Agreement and to perform the acts required of you hereunder; (f) that you are not a politically exposed person and you do not have any relationship (e.g., relative, associate, etc.) with a person who holds or held during the last twelve (12) months any public position; (g) that you are not an employee or a shareholder of a Listed Company or you are not an employee of a brokerage Firm or a Security Exchange. 3.7. The Client acknowledges that any violation of the above and in case where the Company has identified that the Client has provided, false and/or misleading information to the Company during the onboarding procedure the Company may terminate the business relationship under Clause 34 of this Agreement, and it is at the Company’s discretion to cancel all transactions performed by the Client under this Agreement. 3.8. The Website and/or the Platform is NOT intended to provide legal, tax or investment advice. Any and all information on the Company’s Website and/or the Platform is for educational purposes only and is not under any circumstance intended to provide legal, tax or investment 3.9. You are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objective, financial circumstances, and risk tolerance. You should consult your legal or tax professional regarding your financial situation. 3.10. XXXX is not authorised by the Commission to provide Independent and/or Non – Independent Advice and shall not give advice to you on the merits of any Trade/Order and shall deal with you on an “execution-only” basis. None of the Company’s personnel are authorised by NAGA or permitted, as per the company’s license condition, to give you investment advice or make investment recommendations. Accordingly, you should not regard any written or oral communication from NAGA as investment recommendations or advice or as expressing our view as to whether a particular trade is suitable for you or meets your financial objectives. You must rely on your own judgment for any investment decision you make in relation to your account. If you require investment or tax advice, you should contact an independent investment or tax advisor.

Appears in 2 contracts

Samples: Client Agreement, Client Agreement

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Application and Commencement. 3.14.1. The Agreement shall commence once the Client has been informed about their account being activated, after the Client fills in and submits the Account Opening Application Form and the Company has completed due diligence and satisfied its requirements in terms of Know Your Customer (hereafter referred to as the “KYC”) or any other procedures. It is hereby noted that no payment or fee is applicable for the execution and commencement of the present agreement. 3.24.2. The Client accepts that from the date of the notification, they have fifteen (15) 15 days to provide the Company with the missing documentation. During such a period, the Client can deposit a total amount of up to 2,000 (two thousand) in the Account Currency, without having the ability to perform any trading activity. If the Client provides the missing documentation in due time, the Company shall update the Client's Client´s Account status in a reasonable time and shall inform the Client that the deposit limit has been lifted. If the Client has not provided all the relevant information and/or documentation, to satisfy the Company’s KYC in due time, on the 15th day, the Company shall close all existing Open Positions (the time of the closing of the Open Positions is at the discretion of the Company), and all remaining funds must be returned to the Client/beneficial owner, through the same funding method. The procedure for returning the funds must occur immediately, regardless of whether the Client has requested the return of their funds or not. The remaining returned funds (deposits) include any profits the Client has gained during their Transactions and deducting any losses incurred. The Company will disable any Access Data that has been given to the Client until such date and terminate the Business Relationship. The timeframe of fifteen (15) 15 days commences from the initial contact. The initial contact takes place the moment that the Client either accepts the Client Agreement terms and conditions or makes their first deposit, whichever comes first. If the 15th day is not a Business Day, then the Company shall take the above-mentioned abovementioned actions on the last Business Day before the 15th dayone. 3.34.3. Some areas or parts of the Company’s Website and/or the Platform may have different specific Terms of Access such us the provision of NAGA Mastercard which are provided here, and/or use posted thereon, if there is a conflict and/or discrepancy between these Terms and Conditions and any such specific terms of access and/or use, this version of the latter Terms and Conditions shall have precedence prevail with respect to your access and/or use of such relevant area or part of the Company’s Website and/or the Platform. 3.44.4. Your By accepting and agreeing to the Terms and Conditions during the online registration process, you agree to the provision of information through electronic means such as the Company’s website(s) and/or the verified email of the Client and/or the Platform (the “durable mediums”) due to the nature of the relationship established between the relevant parties, which to our view is deemed acceptable and appropriate. The provision of information by means of electronic communication is treated as appropriate and acceptable since you have regular access and use to the internet. The provision by the Client of an email address for the purposes of the carrying on of that business is considered as sufficient evidence. The Company ensures that the information available in its Website and/or the Platform will be always kept up to date. 4.5. By using the Company’s Website and/or the Platform constitute means you’re your acceptance of properly accept this Agreement and any other legal notices policies and statements contained on or in our Website and/or included therein such as the PlatformPrivacy Policy, the Order Execution Policy, the Investor Compensation Fund Policy, the Risk Disclosure Statement, the Conflict of Interest Policy, the Client Categorisation Policy, the Complaints Handling Process etc. Your access and use of the Website and/or the Platform is governed by the version of this Agreement that is in effect on the date on which you established a business relationship with our Website and/or the Platform is accessed and/or used Company or by you18/09/2020 if you are existing client. 3.54.6. For avoidance of any doubt, the Company shall not be responsible for any authorised access and/or use by Minors of our the Website and/or the Platform by Minors and/or any other third party which has access to your laptop/pc/phone/tablet and/or account, in any way or manner and we are not responsible for determining whether any transaction manner. You shall ensure that at all times the devices through which you may enter into via access our Website and/or Platform are notleft unattended and any passwords and access codes as well as security data used for accessing your account are kept safe and out of the Platform is suitablereach of other persons. You are solely responsible for all and any loss resulting from unauthorised use of your Account, appropriate, including loss suffered as a result of lost or advisable to youstolen passwords. 3.64.7. In accordance with the foregoing, you hereby represent and warrant, without prejudice to any other representations, warranties and/or covenants made under this Agreement: (a) that you are an individual who can form legally binding contracts under the laws applicable in your country of residence; (b) that you are above the age of eighteen (18) 18 or otherwise above the legal age in your country of residence; (c) that you are domiciled or located in a country where the distribution or use of CFDs would not be contrary to local laws or regulations. It is your responsibility to ascertain the terms of, and comply with any local laws or regulations to which you are subject, (d) that all of the information provided by you to us for the purposes of, or in the context of, opening an account with us and/or accessing and/or using our Website and/or the Platform (in particular, but without limitation, in your Account Opening Application Form(s)) is true, accurate correct and correct fully updated; (ed) that you have all the necessary rights, power, and authority to enter into this Agreement and to perform the acts required of you hereunder; (f) that you are not a politically exposed person and you do not have any relationship (e.g., relative, associate, etc.) with a person who holds or held during the last twelve (12) months any public position; (g) that you are not an employee or a shareholder of a Listed Company or you are not an employee of a brokerage Firm or a Security Exchange.; 3.74.8. The Client acknowledges that Company will not provide you with any violation of the above and in case where the Company has identified that the Client has provided, false and/or misleading information to the Company during the onboarding procedure the Company may terminate the business relationship under Clause 34 of this Agreement, and it is at the Company’s discretion to cancel all transactions performed by the Client under this Agreement. 3.8. The Website and/or the Platform is NOT intended to provide legal, tax or investment advice. Any and all information on the Company’s Website and/or the Platform is for informative and educational purposes only and no guarantee is not under represented from any circumstance intended to provide legalstatements about profits or income, tax whether express or investment 3.9. You are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objective, financial circumstances, and risk tolerance. You should consult your legal or tax professional regarding your financial situationimplied. 3.104.9. XXXX is not authorised by the Commission to provide Independent and/or Non – Independent Advice and NAGA shall not give advice to you on the merits of any Trade/Order and shall deal with you on an “execution-only” basis. None of the Company’s Company personnel are is authorised or permitted by NAGA or permittedNAGA, as per the company’s license conditionlicense, to give provide you investment advice or to make investment recommendations. Accordingly, you should not regard consider any written or oral communication from NAGA as investment recommendations or advice or as expressing our view as to whether a particular trade is suitable for you or meets your financial objectives. You must rely on your own judgment for any investment decision you make in relation to your account. If you require investment or tax advice, you should contact an independent investment or tax advisoradvice consultant.

Appears in 2 contracts

Samples: Client Agreement, Client Agreement

Application and Commencement. 3.1. The Agreement shall commence once the Client has been informed about their account being activated. This is, after the Client fills in and submits the Account Opening Application Form and the Company has completed due diligence and satisfied its requirements in terms of Know Your Customer (hereafter referred to as the “KYC”) Customer’ or any other procedures. 3.2. The Client accepts that from the date of the notification, they have fifteen (15) 15 days to provide the Company with the missing documentation. During such a period, the Client can is able to deposit a total amount of up to 2,000 (two thousand) in the Account Currency. If the Client provides the missing documentation in due time, the Company shall update the Client's Client´s Account status in a reasonable time and shall inform the Client that the deposit limit has been lifted. If the Client has not provided all the relevant information and/or documentation, to satisfy the Company’s KYC missing documentation in due time, on the 15th day, the Company shall close all existing Open Positions (the time of of the closing of the Open Positions is at the discretion of the Company), and all remaining deposited funds must be returned to the Client/beneficial owner, through in the same funding methodbank account from which they originated. The procedure for returning the funds must occur immediately, regardless of whether the Client has requested the return of their funds or not. The remaining returned funds (deposits) include any profits the Client has gained during their Transactions and deducting any losses incurred. The Company will disable any Access Data that has been given to the Client until such date and terminate the Business Relationship. The timeframe of fifteen (15) 15 days commences from the initial contact. The initial contact takes place the moment that the Client either accepts the Client Agreement terms and conditions or makes their first deposit, whichever comes first. If the 15th day is not a Business Day, then the Company shall take the above-mentioned abovementioned actions on the last Business Day before previous to the 15th dayone. 3.3. Some areas or parts of the Company’s Website and/or the Platform may have different specific Terms of Access and/or use posted thereon, if there is a conflict and/or discrepancy between these Terms and Conditions and any such specific terms of access and/or use, the latter shall have precedence with respect to your access and/or use of such relevant area or part of the Company’s Website and/or the Platform. 3.4. Your access and use of the Company’s Website and/or the Platform constitute your acceptance of this Agreement and any other legal notices and statements contained on or in our Website and/or the Platform. Your access and use of the Website and/or the Platform is governed by the version of this Agreement that is in effect on the date on which our Website and/or the Platform is accessed and/or used by you. 3.5. For avoidance of doubt, the Company shall not be responsible for any authorised access and/or use by Minors of our Website and/or the Platform in any way or manner and we are not responsible for determining whether any transaction you may enter into via our Website and/or the Platform is suitable, appropriate, or advisable to you. 3.6. In accordance with the foregoing, you hereby represent and warrant, without prejudice to any other representations, warranties and/or covenants made under this Agreement: (a) that you are an individual who can form legally binding contracts under the laws applicable in your country of residence; (b) that you are above the age of eighteen (18) or otherwise above the legal age in your country of residence; (c) that you are domiciled or located in a country where the distribution or use of CFDs would not be contrary to local laws or regulations. It is your responsibility to ascertain the terms of, and comply with any local laws or regulations to which you are subject, (d) that all of the information provided by you to us for the purposes of, or in the context of, opening an account with us and/or accessing and/or using our Website and/or the Platform (in particular, but without limitation, in your Account Opening Application Form(s)) is true, accurate and correct (e) that you have all the necessary rights, power, and authority to enter into this Agreement and to perform the acts required of you hereunder; (f) that you are not a politically exposed person and you do not have any relationship (e.g., relative, associate, etc.) with a person who holds or held during the last twelve (12) months any public position; (g) that you are not an employee or a shareholder of a Listed Company or you are not an employee of a brokerage Firm or a Security Exchange. 3.7. The Client acknowledges that any violation of the above and in case where the Company has identified that the Client has provided, false and/or misleading information to the Company during the onboarding procedure the Company may terminate the business relationship under Clause 34 of this Agreement, and it is at the Company’s discretion to cancel all transactions performed by the Client under this Agreement. 3.8. The Website and/or the Platform is NOT intended to provide legal, tax or investment advice. Any and all information on the Company’s Website and/or the Platform is for educational purposes only and is not under any circumstance intended to provide legal, tax or investment 3.9. You are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objective, financial circumstances, and risk tolerance. You should consult your legal or tax professional regarding your financial situation. 3.10. XXXX is not authorised by the Commission to provide Independent and/or Non – Independent Advice and shall not give advice to you on the merits of any Trade/Order and shall deal with you on an “execution-only” basis. None of the Company’s personnel are authorised by NAGA or permitted, as per the company’s license condition, to give you investment advice or make investment recommendations. Accordingly, you should not regard any written or oral communication from NAGA as investment recommendations or advice or as expressing our view as to whether a particular trade is suitable for you or meets your financial objectives. You must rely on your own judgment for any investment decision you make in relation to your account. If you require investment or tax advice, you should contact an independent investment or tax advisor.

Appears in 2 contracts

Samples: Client Agreement, Client Agreement

Application and Commencement. 3.14.1. The Agreement shall commence once the Client has been informed about their account being activated, after the Client fills in and submits the Account Opening Application Form and the Company has completed due diligence and satisfied its requirements in terms of Know Your Customer (hereafter referred to as the “KYC”) or any other proceduresprocedure for the execution and commencement of the present agreement. 3.24.2. The Client accepts that from the date of the notification, they have fifteen (15) 15 days to provide the Company with the missing documentation. During such a period, the Client can deposit a total amount of up to 2,000 (two thousand) in the Account Currency, without having the ability to perform any trading activity. If the Client provides the missing documentation in due time, the Company shall update the Client's Client´s Account status in a reasonable time and shall inform the Client that the deposit limit has been lifted. If the Client has not provided all the relevant information and/or documentation, to satisfy the Company’s KYC in due time, on the 15th day, the Company shall close all existing Open Positions (the time of the closing of the Open Positions is at the discretion of the Company), and all remaining funds must be returned to the Client/beneficial owner, through the same funding method. The procedure for returning the funds must occur immediately, regardless of whether the Client has requested the return of their funds or not. The remaining returned funds (deposits) include any profits the Client has gained during their Transactions and deducting any losses incurred. The Company will disable any Access Data that has been given to the Client until such date and terminate the Business Relationship. The timeframe of fifteen (15) 15 days commences from the initial contact. The initial contact takes place the moment that the Client either accepts the Client Agreement terms and conditions or makes their first deposit, whichever comes first. If the 15th day is not a Business Day, then the Company shall take the above-mentioned abovementioned actions on the last Business Day before the 15th dayone. 3.34.3. Some areas or parts of the Company’s Website and/or the Platform may have different specific Terms an of Access such us the provision of NAGA Mastercard which are provided here, and/or use posted thereon, if there is a conflict and/or discrepancy between these Terms and Conditions and any such specific terms of access and/or use, this version of the latter Terms and Conditions shall have precedence prevail with respect to your access and/or use of such relevant area or part of the Company’s Website and 4.4. By accepting and agreeing to the Terms and Conditions during the online registration process, you agree to the provision of information through electron verified email of the Client and/or the PlatformPlatform (the “durable mediums”) due relationship established between the relevant parties, which to our view is deemed acceptable and appropriate. The provision of information by means of electronic communication is treated as appropriate and acceptable since you have regular access to the internet. The provision by the Client of an email address for the purposes of the carrying on of that business is considered as sufficient evidence. The Company ensures that the information available in its Website and/or the Platform will be always kept up to date. 3.44.5. Your access and use of By using the Company’s Website and/or the Platform constitute your acceptance of this Pla Agreement and any other legal notices policies and statements contained on or in our Website and/or included therein such as the PlatformPrivacy Policy, the Order Execution Policy, the Investor Compensation Fund Policy, the Risk Disclosure Statement, the Conflict of Interest Policy, the Client Categorisation Policy, the Complaints Handling Process etc. Your access and use of the Website and/or the Platform is governed by the version of this the Agreement that is in effect published on the date on which our Website and/or the Platform is accessed and/or used by youCompany's website as amended from time to time. 3.54.6. For avoidance of any doubt, the Company shall not be responsible for any authorised access and/or use by Minors of our the Website and/or the Platform by Minors and/or any other third party which has access to your laptop/pc/phone/tablet and/or account, in any way or manner and we are not responsible for determining whether any transaction manner. You shall ensure that at all times the devices through which you may enter into via access our Website and/or Platform are not left unattended and any passwords and access codes as well as security data used for accessing your account are kept safe and out of the Platform is suitablereach of other persons. You are solely responsible for all and any loss resulting from unauthorised use of your Account, appropriate, including loss suffered as a result of lost or advisable to youstolen passwords. 3.64.7. In accordance with the foregoing, you hereby represent and warrant, without prejudice to any other representations, warranties and/or covenants made under this Agreement: (a) that you are an individual who can form legally binding contracts under the laws applicable in your country of residence; (b) that you are above the age of eighteen (18) or otherwise above the legal age in your country of residence; (c) that you are domiciled or located in a country where the distribution or use of CFDs would not be contrary to local laws or regulations. It is your responsibility to ascertain the terms of, and comply with any local laws or regulations to which you are subject, (d) that all of the information provided by you to us for the purposes of, or in the context of, opening an account with us and/or accessing and/or using our Website and/or the Platform (in particular, but without limitation, in your Account Opening Application Form(s)) is true, accurate and correct (e) that you have all the necessary rights, power, and authority to enter into this Agreement and to perform the acts required of you hereunder; (f) that you are not a politically exposed person and you do not have any relationship (e.g., relative, associate, etc.) with a person who holds or held during the last twelve (12) months any public position; (g) that you are not an employee or a shareholder of a Listed Company or you are not an employee of a brokerage Firm or a Security Exchange. 3.7. The Client acknowledges that any violation of the above and in case where the Company has identified that the Client has provided, false and/or misleading information to the Company during the onboarding procedure the Company may terminate the business relationship under Clause 34 of this Agreement, and it is at the Company’s discretion to cancel all transactions performed by the Client under this Agreement. 3.8. The Website and/or the Platform is NOT intended to provide legal, tax or investment advice. Any and all information on the Company’s Website and/or the Platform is for educational purposes only and is not under any circumstance intended to provide legal, tax or investment 3.9. You are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objective, financial circumstances, and risk tolerance. You should consult your legal or tax professional regarding your financial situation. 3.10. XXXX is not authorised by the Commission to provide Independent and/or Non – Independent Advice and shall not give advice to you on the merits of any Trade/Order and shall deal with you on an “execution-only” basis. None of the Company’s personnel are authorised by NAGA or permitted, as per the company’s license condition, to give you investment advice or make investment recommendations. Accordingly, you should not regard any written or oral communication from NAGA as investment recommendations or advice or as expressing our view as to whether a particular trade is suitable for you or meets your financial objectives. You must rely on your own judgment for any investment decision you make in relation to your account. If you require investment or tax advice, you should contact an independent investment or tax advisor.;

Appears in 1 contract

Samples: Client Agreement

Application and Commencement. 3.14.1. The Agreement shall commence once the Client has been informed about their account being activated, after the Client fills in and submits the Account Opening Application Form and the Company has completed due diligence and satisfied its requirements in terms of Know Your Customer (hereafter referred to as the “KYC”) or ͞KYC͟oͿr any other procedures. It is hereby noted that no payment or fee is applicable for the execution and commencement of the present agreement. 3.24.2. The Client accepts that from the date of the notification, they have fifteen (15) 15 days to provide the Company with the missing documentation. During such a period, the Client can deposit a total amount of up to 2,000 (two thousand) in the Account Currency, without having the ability to perform any trading activity. If the Client provides the missing documentation in due time, the Company shall update the Client's Client´s Authorized and Licensed by Cyprus Securities and Exchange Commission with License No.204/13 Registered Address: Ariadnis 0, Xxxxxxxxxx, XX-0000 Xxxxxxxx Email: xxxxxxxxxx@xxxxxxxxxxx.xxx ൟdĞů͘ EŽ͗͘ нϯϱϳ wϮwwx.xXxxxxxxxxxxxXxxx.xxϬmൟ tĞďƐŝƚĞ͗ Account status in a reasonable time and shall inform the Client that the deposit limit has been lifted. If the Client has not provided all the relevant information and/or documentation, to satisfy the Company’s KYC in due time, on the 15th day, the Company shall close all existing Open Positions (the time of the closing of the Open Positions is at the discretion of the Company), and all remaining funds must be returned to the Client/beneficial owner, through the same funding method. The procedure for returning the funds must occur immediately, regardless of whether the Client has requested the return of their funds or not. The remaining returned funds (deposits) include any profits the Client has gained during their Transactions and deducting any losses incurred. The Company will disable any Access Data that has been given to the Client until such date and terminate the Business Relationship. The timeframe of fifteen (15) 15 days commences from the initial contact. The initial contact takes place the moment that the Client either accepts the Client Agreement terms and conditions or makes their first deposit, whichever comes first. If the 15th day is not a Business Day, then the Company shall take the above-mentioned abovementioned actions on the last Business Day before the 15th dayone. 3.34.3. Some areas or parts of the Company’s Website and/or ŽŵƉĂWŶeLJbs͛iteƐand/or the Platform may have different specific Terms of Access such us the provision of NAGA Mastercard which are provided here, and/or use posted thereon, if there is a conflict and/or discrepancy between these Terms and Conditions and any such specific terms of access and/or use, this version of the latter Terms and Conditions shall have precedence prevail with respect to your access and/or use of such relevant area or part of the Company’s Website and/or ŽŵƉĂWŶeLJbs͛iteƐand/or the Platform. 3.44.4. Your access By accepting and use agreeing to the Terms and Conditions during the online registration process, you agree ƚŽ ƚŚĞ ƉƌŽǀŝƐŝŽŶ ŽĨ ŝŶĨŽƌŵĂƚŝŽŶ ƚŚƌŽƵŐŚ ĞůĞĐƚƌŽŶ verified email of the Company’s Client and/or ƚŚĞ WůĂƚĨŽƌŵ ;ƚŚĞ ͞ĚƵƌĂďůĞ ŵĞĚŝƵ relationship established between the relevant parties, which to our view is deemed acceptable and appropriate. The provision of information by means of electronic communication is treated as appropriate and acceptable since you have regular access to the internet. The provision by the Client of an email address for the purposes of the carrying on of that business is considered as sufficient evidence. The Company ensures that the information available in its Website and/or the Platform constitute your acceptance of will be always kept up to date. 4.5. By using ƚŚĞ ŽŵWƉebĂsiŶteLJan͛d/Ɛor the Platform means LJŽƵ͛ƌĞp ropLJerlŽy Ƶacƌcept this Agreement and any other legal notices policies and statements contained on or in our Website and/or included therein such as the PlatformPrivacy Policy, the Order Execution Policy, the Investor Compensation Fund Policy, the Risk Disclosure Statement, the Conflict of Interest Policy, the Client Categorisation Policy, the Complaints Handling Process etc. Your access and use of the Website and/or the Platform is governed by the version of this the Agreement that is in effect published on the date on which our Website and/or the Platform is accessed and/or used by youCompany's website as amended from time to time. 3.54.6. For avoidance of any doubt, the Company shall not be responsible for any authorised access and/or use by Minors of our the Website and/or the Platform by Minors and/or any other third party which has access to your laptop/pc/phone/tablet and/or account, in any way or manner and we are not responsible for determining whether any transaction manner. You shall ensure that at all times the devices through which you may enter into via access our Website and/or Platform are not left unattended and any passwords and access codes as well as security data used for accessing your account are kept safe and out of the Platform is suitablereach of other persons. You are solely responsible for all and any loss resulting from unauthorised use of your Account, appropriate, including loss suffered as a result of lost or advisable to youstolen passwords. 3.64.7. In accordance with the foregoing, you hereby represent and warrant, without prejudice to any other representations, warranties and/or covenants made under this Agreement: (a) that you are an individual who can form legally binding contracts under the laws applicable in your country of residence; (b) that you are above the age of eighteen (18) or otherwise above the legal age in your country of residence; (c) that you are domiciled or located in a country where the distribution or use of CFDs would not be contrary to local laws or regulations. It is your responsibility to ascertain the terms of, and comply with any local laws or regulations to which you are subject, (d) that all of the information provided by you to us for the purposes of, or in the context of, opening an account with us and/or accessing and/or using our Website and/or the Platform (in particular, but without limitation, in your Account Opening Application Form(s)) is true, accurate and correct (e) that you have all the necessary rights, power, and authority to enter into this Agreement and to perform the acts required of you hereunder; (f) that you are not a politically exposed person and you do not have any relationship (e.g., relative, associate, etc.) with a person who holds or held during the last twelve (12) months any public position; (g) that you are not an employee or a shareholder of a Listed Company or you are not an employee of a brokerage Firm or a Security Exchange. 3.7. The Client acknowledges that any violation of the above and in case where the Company has identified that the Client has provided, false and/or misleading information to the Company during the onboarding procedure the Company may terminate the business relationship under Clause 34 of this Agreement, and it is at the Company’s discretion to cancel all transactions performed by the Client under this Agreement. 3.8. The Website and/or the Platform is NOT intended to provide legal, tax or investment advice. Any and all information on the Company’s Website and/or the Platform is for educational purposes only and is not under any circumstance intended to provide legal, tax or investment 3.9. You are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objective, financial circumstances, and risk tolerance. You should consult your legal or tax professional regarding your financial situation. 3.10. XXXX is not authorised by the Commission to provide Independent and/or Non – Independent Advice and shall not give advice to you on the merits of any Trade/Order and shall deal with you on an “execution-only” basis. None of the Company’s personnel are authorised by NAGA or permitted, as per the company’s license condition, to give you investment advice or make investment recommendations. Accordingly, you should not regard any written or oral communication from NAGA as investment recommendations or advice or as expressing our view as to whether a particular trade is suitable for you or meets your financial objectives. You must rely on your own judgment for any investment decision you make in relation to your account. If you require investment or tax advice, you should contact an independent investment or tax advisor.;

Appears in 1 contract

Samples: Client Agreement

Application and Commencement. 3.1. The Agreement shall commence once the Client has been informed about their account being activated, after the Client fills in and submits the Account Opening Application Form and the Company has completed due diligence and satisfied its requirements in terms of Know Your Customer (hereafter referred to as the “KYC”) or any other procedures. 3.2. The Client accepts that from the date of the notification, they have fifteen (15) days to provide the Company with the missing documentation. During such a period, the Client can deposit a total amount of up to 2,000 (two thousand) in the Account Currency. If the Client provides the missing documentation in due time, the Company shall update the Client's Account status in a reasonable time and shall inform the Client that the deposit limit has been lifted. If the Client has not provided all the relevant information and/or documentation, to satisfy the Company’s KYC in due time, on the 15th day, the Company shall close all existing Open Positions (the time of the closing of the Open Positions is at the discretion of the Company), and all remaining funds must be returned to the Client/beneficial owner, through the same funding method. The procedure for returning the funds must occur immediately, regardless of whether the Client has requested the return of their funds or not. The remaining funds (deposits) include any profits the Client has gained during their Transactions and deducting any losses incurred. The Company will disable any Access Data that has been given to the Client until such date and terminate the Business Relationship. The timeframe of fifteen (15) days commences from the initial contact. The initial contact takes place the moment that the Client either accepts the Client Agreement or makes their first deposit, whichever comes first. If the 15th day is not a Business Day, then the Company shall take the above-mentioned actions on the last Business Day before the 15th day. 3.3. Some areas or parts of the Company’s Website and/or the Platform may have different specific Terms of Access and/or use posted thereon, if there is a conflict and/or discrepancy between these Terms and Conditions and any such specific terms of access and/or use, the latter shall have precedence with respect to your access and/or use of such relevant area or part of the Company’s Website and/or the Platform. 3.4. Your access and use of the Company’s Website and/or the Platform constitute your acceptance of this Agreement and any other legal notices and statements contained on or in our Website and/or the Platform. Your access and use of the Website and/or the Platform is governed by the version of this Agreement that is in effect on the date on which our Website and/or the Platform is accessed and/or used by you. 3.5. For avoidance of doubt, the Company shall not be responsible for any authorised access and/or use by Minors of our Website and/or the Platform in any way or manner and we are not responsible for determining whether any transaction you may enter into via our Website and/or the Platform is suitable, appropriate, or advisable to you. 3.6. In accordance with the foregoing, you hereby represent and warrant, without prejudice to any other representations, warranties and/or covenants made under this Agreement: (a) that you are an individual who can form legally binding contracts under the laws applicable in your country of residence; (b) that you are above the age of eighteen (18) or otherwise above the legal age in your country of residence; (c) that you are domiciled or located in a country where the distribution or use of CFDs would not be contrary to local laws or regulations. It is your responsibility to ascertain the terms of, and comply with any local laws or regulations to which you are subject, (d) that all of the information provided by you to us for the purposes of, or in the context of, opening an account with us and/or accessing and/or using our Website and/or the Platform (in particular, but without limitation, in your Account Opening Application Form(s)) is true, accurate and correct (e) that you have all the necessary rights, power, and authority to enter into this Agreement and to perform the acts required of you hereunder; (f) that you are not a politically exposed person and you do not have any relationship (e.g., relative, associate, etc.) with a person who holds or held during the last twelve (12) months any public position; (g) that you are not an employee or a shareholder of a Listed Company or you are not an employee of a brokerage Firm or a Security Exchange. 3.7. The Client acknowledges that any violation of the above and in case where the Company has identified that the Client has provided, false and/or misleading information to the Company during the onboarding procedure the Company may terminate the business relationship under Clause 34 of this Agreement, and it is at the Company’s discretion to cancel all transactions performed by the Client under this Agreement. 3.8. The Website and/or the Platform is NOT intended to provide legal, tax or investment advice. Any and all information on the Company’s Website and/or the Platform is for educational purposes only and is not under any circumstance intended to provide legal, tax or investment 3.9. You are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objective, financial circumstances, and risk tolerance. You should consult your legal or tax professional regarding your financial situation. 3.10. XXXX NAGA is not authorised by the Commission to provide Independent and/or Non – Independent Advice and shall not give advice to you on the merits of any Trade/Order and shall deal with you on an “execution-only” basis. None of the Company’s personnel are authorised by NAGA or permitted, as per the company’s license condition, to give you investment advice or make investment recommendations. Accordingly, you should not regard any written or oral communication from NAGA as investment recommendations or advice or as expressing our view as to whether a particular trade is suitable for you or meets your financial objectives. You must rely on your own judgment for any investment decision you make in relation to your account. If you require investment or tax advice, you should contact an independent investment or tax advisor.

Appears in 1 contract

Samples: Client Agreement

Application and Commencement. 3.14.1. The Agreement shall commence once the Client has been informed about their account being activated, after the Client fills in and submits the Account Opening Application Form and the Company has completed due diligence and satisfied its requirements in terms of Know Your Customer (hereafter referred to as the “KYC”) or any other procedures. It is hereby noted that no payment or fee is applicable for the execution and commencement of the present agreement. 3.24.2. The Client accepts that from the date of the notification, they have fifteen (15) 15 days to provide the Company with the missing documentation. During such a period, the Client can deposit a total amount of up to 2,000 (two thousand) in the Account Currency, without having the ability to perform any trading activity. If the Client provides the missing documentation in due time, the Company shall update the Client's Client´s Account status in a reasonable time and shall inform the Client that the deposit limit has been lifted. If the Client has not provided all the relevant information and/or documentation, to satisfy the Company’s KYC in due time, on the 15th day, the Company shall close all existing Open Positions (the time of the closing of the Open Positions is at the discretion of the Company), and all remaining funds must be returned to the Client/beneficial owner, through the same funding method. The procedure for returning the funds must occur immediately, regardless of whether the Client has requested the return of their funds or not. The remaining returned funds (deposits) include any profits the Client has gained during their Transactions and deducting any losses incurred. The Company will disable any Access Data that has been given to the Client until such date and terminate the Business Relationship. The timeframe of fifteen (15) 15 days commences from the initial contact. The initial contact takes place the moment that the Client either accepts the Client Agreement terms and conditions or makes their first deposit, whichever comes first. If the 15th day is not a Business Day, then the Company shall take the above-mentioned abovementioned actions on the last Business Day before the 15th dayone. 3.34.3. Some areas or parts of the Company’s Website and/or the Platform may have different specific Terms of Access such us the provision of NAGA Mastercard which are provided here, and/or use posted thereon, if there is a conflict and/or discrepancy between these Terms and Conditions and any such specific terms of access and/or use, this version of the latter Terms and Conditions shall have precedence prevail with respect to your access and/or use of such relevant area or part of the Company’s Website and/or the Platform. 3.44.4. Your By accepting and agreeing to the Terms and Conditions during the online registration process, you agree to the provision of information through electronic means such as the Company’s website(s) and/or the verified email of the Client and/or the Platform (the “durable mediums”) due to the nature of the relationship established between the relevant parties, which to our view is deemed acceptable and appropriate. The provision of information by means of electronic communication is treated as appropriate and acceptable since you have regular access and use to the internet. The provision by the Client of an email address for the purposes of the carrying on of that business is considered as sufficient evidence. The Company ensures that the information available in its Website and/or the Platform will be always kept up to date. 4.5. By using the Company’s Website and/or the Platform constitute means you’re your acceptance of properly accept this Agreement and any other legal notices policies and statements contained on or in our Website and/or included therein such as the PlatformPrivacy Policy, the Order Execution Policy, the Investor Compensation Fund Policy, the Risk Disclosure Statement, the Conflict of Interest Policy, the Client Categorisation Policy, the Complaints Handling Process etc. Your access and use of the Website and/or the Platform is governed by the version of this the Agreement that is in effect published on the date on which our Website and/or the Platform is accessed and/or used by youCompany's website as amended from time to time. 3.54.6. For avoidance of any doubt, the Company shall not be responsible for any authorised access and/or use by Minors of our the Website and/or the Platform by Minors and/or any other third party which has access to your laptop/pc/phone/tablet and/or account, in any way or manner and we are not responsible for determining whether any transaction manner. You shall ensure that at all times the devices through which you may enter into via access our Website and/or Platform are not left unattended and any passwords and access codes as well as security data used for accessing your account are kept safe and out of the Platform is suitablereach of other persons. You are solely responsible for all and any loss resulting from unauthorised use of your Account, appropriate, including loss suffered as a result of lost or advisable to youstolen passwords. 3.64.7. In accordance with the foregoing, you hereby represent and warrant, without prejudice to any other representations, warranties and/or covenants made under this Agreement: (a) that you are an individual who can form legally binding contracts under the laws applicable in your country of residence; (b) that you are above the age of eighteen (18) or otherwise above the legal age in your country of residence; (c) that you are domiciled or located in a country where the distribution or use of CFDs would not be contrary to local laws or regulations. It is your responsibility to ascertain the terms of, and comply with any local laws or regulations to which you are subject, (d) that all of the information provided by you to us for the purposes of, or in the context of, opening an account with us and/or accessing and/or using our Website and/or the Platform (in particular, but without limitation, in your Account Opening Application Form(s)) is true, accurate and correct (e) that you have all the necessary rights, power, and authority to enter into this Agreement and to perform the acts required of you hereunder; (f) that you are not a politically exposed person and you do not have any relationship (e.g., relative, associate, etc.) with a person who holds or held during the last twelve (12) months any public position; (g) that you are not an employee or a shareholder of a Listed Company or you are not an employee of a brokerage Firm or a Security Exchange. 3.7. The Client acknowledges that any violation of the above and in case where the Company has identified that the Client has provided, false and/or misleading information to the Company during the onboarding procedure the Company may terminate the business relationship under Clause 34 of this Agreement, and it is at the Company’s discretion to cancel all transactions performed by the Client under this Agreement. 3.8. The Website and/or the Platform is NOT intended to provide legal, tax or investment advice. Any and all information on the Company’s Website and/or the Platform is for educational purposes only and is not under any circumstance intended to provide legal, tax or investment 3.9. You are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objective, financial circumstances, and risk tolerance. You should consult your legal or tax professional regarding your financial situation. 3.10. XXXX is not authorised by the Commission to provide Independent and/or Non – Independent Advice and shall not give advice to you on the merits of any Trade/Order and shall deal with you on an “execution-only” basis. None of the Company’s personnel are authorised by NAGA or permitted, as per the company’s license condition, to give you investment advice or make investment recommendations. Accordingly, you should not regard any written or oral communication from NAGA as investment recommendations or advice or as expressing our view as to whether a particular trade is suitable for you or meets your financial objectives. You must rely on your own judgment for any investment decision you make in relation to your account. If you require investment or tax advice, you should contact an independent investment or tax advisor.;

Appears in 1 contract

Samples: Client Agreement

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Application and Commencement. 3.1. The Agreement shall commence once the Client has been informed about their account being activated, after the Client fills in and submits the Account Opening Application Form and the Company has completed due diligence and satisfied its requirements in terms of Know Your Customer (hereafter referred to as the “KYC”) or any other procedures. 3.2. The Client accepts that from the date of the notification, they have fifteen (15) days to provide the Company with the missing documentation. During such a period, the Client can deposit a total amount of up to 2,000 (two thousand) in the Account Currency. If the Client provides the missing documentation in due time, the Company shall update the Client's Account status in a reasonable time and shall inform the Client that the deposit limit has been lifted. If the Client has not provided all the relevant information and/or documentation, to satisfy the Company’s KYC in due time, on the 15th day, the Company shall close all existing Open Positions (the time of the closing of the Open Positions is at the discretion of the Company), and all remaining funds must be returned to the Client/beneficial owner, through the same funding method. The procedure for returning the funds must occur immediately, regardless of whether the Client has requested the return of their funds or not. The remaining funds (deposits) include any profits the Client has gained during their Transactions and deducting any losses incurred. The Company will disable any Access Data that has been given to the Client until such date and terminate the Business Relationship. The timeframe of fifteen (15) days commences from the initial contact. The initial contact takes place the moment that the Client either accepts the Client Agreement or makes their first deposit, whichever comes first. If the 15th day is not a Business Day, then the Company shall take the above-mentioned actions on the last Business Day before the 15th day.include 3.3. Some areas or parts of the Company’s Website and/or the Platform may have different specific Terms of Access and/or use posted thereon, if there is a conflict and/or discrepancy between these Terms and Conditions and any such specific terms of access and/or use, the latter shall have precedence with respect to your access and/or use of such relevant area or part of the Company’s Website and/or the Platform. 3.4. Your access and use of the Company’s Website and/or the Platform constitute your acceptance of this Agreement and any other legal notices and statements contained on or in our Website and/or the Platform. Your access and use of the Website and/or the Platform is governed by the version of this Agreement that is in effect on the date on which our Website and/or the Platform is accessed and/or used by you. 3.5. For avoidance of doubt, the Company shall not be responsible for any authorised access and/or use by Minors of our Website and/or the Platform in any way or manner and we are not responsible for determining whether any transaction you may enter into via our Website and/or the Platform is suitable, appropriate, or advisable to you. 3.6. In accordance with the foregoing, you hereby represent and warrant, without prejudice to any other representations, warranties and/or covenants made under this Agreement: (a) that you are an individual who can form legally binding contracts under the laws applicable in your country of residence; (b) that you are above the age of eighteen (18) or otherwise above the legal age in your country of residence; (c) that you are domiciled or located in a country where the distribution or use of CFDs would not be contrary to local laws or regulations. It is your responsibility to ascertain the terms of, and comply with any local laws or regulations to which you are subject, (d) that all of the information provided by you to us for the purposes of, or in the context of, opening an account with us and/or accessing and/or using our Website and/or the Platform (in particular, but without limitation, in your Account Opening Application Form(s)) is true, accurate and correct (e) that you have all the necessary rights, power, and authority to enter into this Agreement and to perform the acts required of you hereunder; (f) that you are not a politically exposed person and you do not have any relationship (e.g., relative, associate, etc.) with a person who holds or held during the last twelve (12) months any public position; (g) that you are not an employee or a shareholder of a Listed Company or you are not an employee of a brokerage Firm or a Security Exchange. 3.7. The Client acknowledges that any violation of the above and in case where the Company has identified that the Client has provided, false and/or misleading information to the Company during the onboarding procedure the Company may terminate the business relationship under Clause 34 of this Agreement, and it is at the Company’s discretion to cancel all transactions performed by the Client under this Agreement. 3.8. The Website and/or the Platform is NOT intended to provide legal, tax or investment advice. Any and all information on the Company’s Website and/or the Platform is for educational purposes only and is not under any circumstance intended to provide legal, tax or investmentinvestment advice and no guarantee is represented from any statements about profits or income,whether expressed or implied. 3.9. You are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objective, financial circumstances, and risk tolerance. You should consult your legal or tax professional regarding your financial situation. 3.10. XXXX is not authorised by the Commission to provide Independent and/or Non – Independent Advice and shall not give advice to you on the merits of any Trade/Order and shall deal with you on an “execution-only” basis. None of the Company’s personnel are authorised by NAGA or permitted, as per the company’s license condition, to give you investment advice or make investment recommendations. Accordingly, you should not regard any written or oral communication from NAGA as investment recommendations or advice or as expressing our view as to whether a particular trade is suitable for you or meets your financial objectives. You must rely on your own judgment for any investment decision you make in relation to your account. If you require investment or tax advice, you should contact an independent investment or tax advisor.

Appears in 1 contract

Samples: Client Agreement

Application and Commencement. 3.1. 5.1 The Agreement shall commence once the Client has been informed about their account being activated, after the Client fills in and submits the Account Opening Application Form and the Company has completed due diligence and satisfied its requirements in terms of Know Your Customer (hereafter referred to as the “KYC”) or any other procedures. It is hereby noted that no payment or fee is applicable for the execution and commencement of the present agreement. 3.2. 5.2 The Client accepts that from the date of the notification, they have fifteen (15) 15 calendar days to provide the Company with the missing documentation. During such a period, the Client can deposit a total amount of up to 2,000 (two thousand) in the Account Currency, without having the ability to perform any trading activity. If the Client provides the missing documentation in due time, the Company shall update the Client's Client´s Account status in a reasonable time and shall inform the Client that the deposit limit has been lifted. If the Client has not provided all the relevant information and/or documentation, to satisfy the Company’s KYC in due time, on the 15th day, the Company shall close all existing Open Positions (the time of the closing of the Open Positions is at the discretion of the Company), and all remaining funds must be returned to the Client/beneficial owner, through the same funding method. The procedure for returning the funds must occur immediately, regardless of whether the Client has requested the return of their funds or not. The remaining returned funds (deposits) include any profits the Client has gained during their Transactions and deducting any losses incurred. incurred The Company will disable any Access Data that has been given to the Client until such date and terminate the Business Relationship. The timeframe of fifteen (15) 15 calendar days commences from the initial contact. The initial contact takes place the moment that the Client either accepts the Client Agreement terms and conditions or makes their first deposit, whichever comes first. If the 15th day is not a Business Day, then the Company shall take the above-mentioned abovementioned actions on the last Business Day before the 15th dayone. 3.35.3 By accepting and agreeing to the Terms and Conditions during the online registration process, you agree to the provision of information through electronic means such as the Company’s website(s) and/or the verified email of the Client and/or the Platform (the “durable mediums”) due to the nature of the relationship established between the relevant parties, which to our view is deemed acceptable and appropriate. Some areas or parts The provision of information by means of electronic communication is treated as appropriate and acceptable since you have regular access to the internet. The provision by the Client of an email address for the purposes of the carrying on of that business is considered as sufficient evidence. The Company ensures that the information available in its Website and/or the Platform will be always kept up to date. 5.4 By using the Company’s Website and/or the Platform may have different specific Terms of Access and/or use posted thereon, if there is a conflict and/or discrepancy between these Terms and Conditions and any such specific terms of access and/or use, the latter shall have precedence with respect to means you’re your access and/or use of such relevant area or part of the Company’s Website and/or the Platform. 3.4. Your access and use of the Company’s Website and/or the Platform constitute your acceptance of properly accept this Agreement and any other legal notices policies and statements contained on or in our Website and/or included therein such as the PlatformPrivacy Policy, the Order Execution Policy, the Investor Compensation Fund Policy, the Risk Disclosure Statement, the Conflict-of-Interest Policy, the Client Categorisation Policy, the Complaints Handling Process etc. Your access and use of the Website and/or the Platform is governed by the version of this the Agreement that is in effect published on the date on which our Website and/or the Platform is accessed and/or used by youCompany's website as amended from time to time. 3.5. 5.5 For avoidance of any doubt, the Company shall not be responsible for any authorised access and/or use by Minors of our the Website and/or the Platform by Minors and/or any other third party which has access to your laptop/pc/phone/tablet and/or account, in any way or manner and we are not responsible for determining whether any transaction manner. You shall ensure that at all times the devices through which you may enter into via access our Website and/or Platform are not left unattended and any passwords and access codes as well as security data used for accessing your account are kept safe and out of the Platform is suitablereach of other persons. You are solely responsible for all and any loss resulting from unauthorised use of your Account, appropriate, including loss suffered as a result of lost or advisable to youstolen passwords. 3.6. 5.6 In accordance with the foregoing, you hereby represent and warrant, without prejudice to any other representations, warranties and/or covenants made under this Agreement: (a) that you are an individual who can form legally binding contracts under the laws applicable in your country of residence; (b) that you are above the age of eighteen (18) 18 or otherwise above the legal age in your country of residence; (c) that you are domiciled or located in a country where the distribution or use of CFDs would not be contrary to local laws or regulations. It is your responsibility to ascertain the terms of, and comply with any local laws or regulations to which you are subject, (d) that all of the information provided by you to us for the purposes of, or in the context of, opening an account with us and/or accessing and/or using our Website and/or the Platform (in particular, but without limitation, in your Account Opening Application Form(s)) is true, accurate correct and correct fully updated; (ed) that you have all the necessary rights, power, and authority to enter into this Agreement and to perform the acts required of you hereunder; (f) that ; 5.7 The Company will not provide you are not a politically exposed person and you do not have with any relationship (e.g., relative, associate, etc.) with a person who holds or held during the last twelve (12) months any public position; (g) that you are not an employee or a shareholder of a Listed Company or you are not an employee of a brokerage Firm or a Security Exchange. 3.7. The Client acknowledges that any violation of the above and in case where the Company has identified that the Client has provided, false and/or misleading information to the Company during the onboarding procedure the Company may terminate the business relationship under Clause 34 of this Agreement, and it is at the Company’s discretion to cancel all transactions performed by the Client under this Agreement. 3.8. The Website and/or the Platform is NOT intended to provide legal, tax or investment advice. Any and all information on the Company’s Website and/or the Platform is for informative and educational purposes only and no guarantee is not under represented from any circumstance intended to provide legalstatements about profits or income, tax whether express or investment 3.9. You are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objective, financial circumstances, and risk tolerance. You should consult your legal or tax professional regarding your financial situationimplied. 3.10. XXXX is not authorised by the Commission to provide Independent and/or Non – Independent Advice and 5.8 AXON shall not give advice to you on the merits of any Trade/Order and shall deal with you on an “execution-only” basis. None of the Company’s Company personnel are is authorised or permitted by NAGA or permittedAXON, as per the company’s license conditionlicense, to give provide you with investment advice or to make investment recommendations. Accordingly, you should not regard consider any written or oral communication from NAGA AXON as investment recommendations or advice or as expressing our view as to whether a particular trade is suitable for you or meets your financial objectives. You must rely on your own judgment for any investment decision you make in relation to your account. If you require investment or tax advice, you should contact an independent investment or tax advisoradvice consultant.

Appears in 1 contract

Samples: Client Agreement

Application and Commencement. 3.1. The Agreement shall commence once the Client has been informed about their account being activated, after the Client fills in and submits the Account Opening Application Form and the Company has completed due diligence and satisfied its requirements in terms of Know Your Customer (hereafter referred to as the “KYC”) or any other procedures. 3.2. The Client accepts that from the date of the notification, they have fifteen (15) days to provide the Company with the missing documentation. During such a period, the Client can deposit a total amount of up to 2,000 (two thousand) in the Account Currency. If the Client provides the missing documentation in due time, the Company shall update the Client's Account status in a reasonable time and shall inform the Client that the deposit limit has been lifted. If the Client has not provided all the relevant information and/or documentation, to satisfy the Company’s KYC in due time, on the 15th day, the Company shall close all existing Open Positions (the time of the closing of the Open Positions is at the discretion of the Company), and all remaining funds must be returned to the Client/beneficial owner, through the same funding method. The procedure for returning the funds must occur immediately, regardless of whether the Client has requested the return of their funds or not. The remaining funds (deposits) include any profits the Client has gained during their Transactions and deducting any losses incurred. The Company will disable any Access Data that has been given to the Client until such date and terminate the Business Relationship. The timeframe of fifteen (15) days commences from the initial contact. The initial contact takes place the moment that the Client either accepts the Client Agreement or makes their first deposit, whichever comes first. If the 15th day is not a Business Day, then the Company shall take the above-mentioned actions on the last Business Day before the 15th day. 3.3. Some areas or parts of the Company’s Website and/or the Platform may have different specific Terms of Access and/or use posted thereon, if there is a conflict and/or discrepancy between these Terms and Conditions and any such specific terms of access and/or use, the latter shall have precedence with respect to your access and/or use of such relevant area or part of the Company’s Website and/or the Platform. 3.4. Your access and use of the Company’s Website and/or the Platform constitute your acceptance of this Agreement and any other legal notices and statements contained on or in our Website and/or the Platform. Your access and use of the Website and/or the Platform is governed by the version of this Agreement that is in effect on the date on which our Website and/or the Platform is accessed and/or used by you. 3.5. For avoidance of doubt, the Company shall not be responsible for any authorised access and/or use by Minors of our Website and/or the Platform in any way or manner and we are not responsible for determining whether any transaction you may enter into via our Website and/or the Platform is suitable, appropriate, or advisable to you. 3.6. In accordance with the foregoing, you hereby represent and warrant, without prejudice to any other representations, warranties and/or covenants made under this Agreement: (a) that you are an individual who can form legally binding contracts under the laws applicable in your country of residence; (b) that you are above the age of eighteen (18) or otherwise above the legal age in your country of residence; (c) that you are domiciled or located in a country where the distribution or use of CFDs would not be contrary to local laws or regulations. It is your responsibility to ascertain the terms of, and comply with any local laws or regulations to which you are subject, (d) that all of the information provided by you to us for the purposes of, or in the context of, opening an account with us and/or accessing and/or using our Website and/or the Platform (in particular, but without limitation, in your Account Opening Application Form(s)) is true, accurate and correct (e) that you have all the necessary rights, power, and authority to enter into this Agreement and to perform the acts required of you hereunder; (f) that you are not a politically exposed person and you do not have any relationship (e.g., relative, associate, etc.) with a person who holds or held during the last twelve (12) months any public position; (g) that you are not an employee or a shareholder of a Listed Company or you are not an employee of a brokerage Firm or a Security Exchange. 3.7. The Client acknowledges that any violation of the above and in case where the Company has identified that the Client has provided, false and/or misleading information to the Company during the onboarding procedure the Company may terminate the business relationship under Clause 34 of this Agreement, and it is at the Company’s discretion to cancel all transactions performed by the Client under this Agreement. 3.8. The Website and/or the Platform is NOT intended to provide legal, tax or investment advice. Any and all information on the Company’s Website and/or the Platform is for educational purposes only and is not under any circumstance intended to provide legal, tax or investment 3.9. You are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objective, financial circumstances, and risk tolerance. You should consult your legal or tax professional regarding your financial situation. 3.10. XXXX NAGA is not authorised by the Commission to provide Independent and/or Non – Independent Advice and shall not give advice to you on the merits of any Trade/Order and shall deal with you on an “execution-only” basis. None of the Company’s personnel are authorised by NAGA or permitted, as per the company’s license condition, to give you investment advice or make investment recommendations. Accordingly, you should not regard any written or oral communication from NAGA as investment recommendations or advice or as expressing our view as to whether a particular trade is suitable for you or meets your financial objectives. You must rely on your own judgment for any investment decision you make in relation to your account. If you require investment or tax advice, you should contact an independent investment or tax advisor.

Appears in 1 contract

Samples: Client Agreement

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