Common use of Application and Commencement Clause in Contracts

Application and Commencement. 3.1 After the Client fills in and submits the Account Opening Application Form together with all the required identification documentation required by the Company for its own internal checks, the Company will send him a notice informing him whether he has been accepted as a Client of the Company. It is understood that the Company is not to be required (and may be unable under Applicable Regulations) to accept a person as its Client until all documentation it requires has been received by the Company, properly and fully completed by the Client and all internal Company checks have been satisfied. It is further understood that the Company reserves the right to impose additional due diligence requirements to accept Clients residing in certain countries. 3.2 The Company reserves the right, at its discretion, at any time to withdraw the whole or any part of the Services on a temporary or permanent basis and the Client agrees that the Company will have no obligation to inform the Client of the reason. 3.3 The Agreement shall take effect and commence upon the receipt by the Client of a notice sent by the Company informing the Client that he has been accepted as the Company’s Client and that a Client Account has been opened for him. 3.4 Under the provisions of the International Business Companies (Amendment and Consolidation) Act of 2007, the Electronic Evidence Act of 2004 and the Electronic Transactions Act of 2007, a distance contract is legally binding upon the contractors without the requirement of a signature. The Client hereby acknowledges that this Agreement and all of the terms and conditions thereof are legally binding upon him and breach of any of the terms and conditions of this Agreement shall give rise to possible legal actions, should out-of-court settlement does not prove of a sufficient settlement method of any matter arising out of or in connection with any term or condition of this Agreement. 3.5 The Client hereby acknowledges and agrees that: a. By completing and submitting the online Account Opening Agreement and clicking on the “I Accept” button or similar buttons or links as may be designated by the Company on the Company’s Main Website(s) shows his approval of this Agreement; b. By continuing to access or use the Company’s Main Website(s).

Appears in 4 contracts

Samples: Client Agreement, Client Agreement, Client Agreement

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Application and Commencement. 3.1 3.1. After the Client fills in and submits the Account Opening Application Form Form, together with all the required identification documentation required by the Company for its own internal checks, the Company will send him a notice informing him whether he has been accepted as a Client of the Company. It is understood that the Company is not to be required (and may be unable under Applicable Regulations) to accept a person as its Client until all documentation it requires has been received by the Company, properly and fully completed by the Client such person and all internal Company checks (including without limitation anti‐money laundering checks, appropriateness or suitability tests as the case may be) have been satisfied. It is further understood that the Company reserves the right to impose additional due diligence requirements to accept Clients residing in certain countries. 3.2 The Company reserves the right, at its discretion, at any time to withdraw the whole or any part of the Services on a temporary or permanent basis and the Client agrees that the Company will have no obligation to inform the Client of the reason. 3.3 3.2. The Agreement shall take effect and commence upon the receipt by the Client of a notice sent by the Company informing the Client that he has been accepted as the Company’s Client and or that a Client Trading Account has been opened for him. 3.4 Under 3.3. The client has the provisions right to cancel the Agreement by giving the Company notice in writing within the first thirty (30) days of the International Business Companies (Amendment and Consolidation) Act of 2007, the Electronic Evidence Act of 2004 and the Electronic Transactions Act of 2007, a distance contract is legally binding upon the contractors without the requirement of a signatureClient’s account activation. The Company will return to the Client hereby acknowledges that this Agreement and all of any amount the terms and conditions thereof are legally binding upon him and breach of Client transferred to the Company, subject to the Client not having entered into any of the terms and conditions of this Agreement shall give rise to possible legal actions, should out-of-court settlement does not prove of a sufficient settlement method of any matter arising out of or in connection with any term or condition of this Agreement. 3.5 The Client hereby acknowledges and agrees that: a. By completing and submitting the online Account Opening Agreement and clicking on the “I Accept” button or similar buttons or links as may be designated by the Company on trades via the Company’s Main Website(splatform(s). 3.4. The verification of the identity of the Client shall be completed within the designated timeframe of thirty (30) shows his approval days. Where the verification of this Agreement; b. By continuing the Client’s identity has not been completed during the designated timeframe, the business relationship must be terminated and funds must be returned to access or use the initial source of funding. Where the Client has entered into any trades via the Company’s Main Website(s)platform which resulted in a loss, the remaining funds will be returned deducting any losses incurred. However, in case of profits, the initial deposited amount will be returned and any profits will remain in the trading account until the Client provides the required documentation for the verification of the trading account. 3.5. Where the Agreement has not been cancelled, it will continue to be in effect until its termination, in accordance with the provisions contained in the “Termination” section of this document.

Appears in 2 contracts

Samples: Terms and Conditions, Terms and Conditions

Application and Commencement. 3.1 2.1. After the Client fills in and submits the Account Opening Application Form together with all the required identification documentation required by the Company for its own internal checks, the Company will send him a notice informing him whether he has been accepted as a Client of the Company. It is understood that the Company is not to be required (and may be unable under Applicable Regulations) to accept a person as its Client until all documentation it requires has been received by the Company, properly and fully completed by the Client and all internal Company checks have been satisfied. It is further understood that the Company reserves the right to impose additional due diligence requirements to accept Clients residing in certain countries.further 3.2 2.2. The Company reserves the right, at its discretion, at any time to withdraw the whole or any part of the Services on a temporary or permanent basis and the Client agrees that the Company will have no obligation to inform the Client of the reason. 3.3 2.3. The Agreement shall take effect and commence upon the receipt by the Client of a notice sent by the Company informing the Client that he has been accepted as the Company’s Client and that a Client Account has been opened for him. 3.4 2.4. Under the provisions of the International Business Companies (Amendment and Consolidation) Act of 2007, the Electronic Evidence Act of 2004 and the Electronic Transactions Act of 2007, a distance contract is legally binding upon the contractors without the requirement of a signature. The Client hereby acknowledges that this Agreement and all of the terms and conditions thereof are legally binding upon him and breach of any of the terms and conditions of this Agreement shall give rise to possible legal actions, should out-of-court settlement does not prove of a sufficient settlement method of any matter arising out of or in connection with any term or condition of this Agreement. 3.5 2.5. The Client hereby acknowledges and agrees that: a. By that by completing and submitting the online Account Opening Agreement and clicking on the “I Accept” button or similar buttons or links as may be designated by the Company on the Company’s Main Website(s) shows his approval of this Agreement; b. By Agreement and by continuing to access or use the Company’s Main Website(s).

Appears in 1 contract

Samples: Client Agreement

Application and Commencement. 3.1 After 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 together with all the required identification documentation required by 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 its own internal checksthe execution and commencement of the present agreement. 5.2 The Client accepts that from the date of the notification, they have 15 business days to provide the Company with the missing documentation. During such a period, the Client can deposit in their Account Currency, without having the ability to perform any trading activity. If the Client provides the missing documentation in due time, the Company will send him shall update the Client´s Account status in a notice informing him whether he has been accepted as a Client of the Company. It is understood that the Company is not to be required (reasonable time and may be unable under Applicable Regulations) to accept a person as its Client until all documentation it requires has been received by the Company, properly and fully completed by the Client and all internal Company checks have been satisfied. It is further understood that the Company reserves the right to impose additional due diligence requirements to accept Clients residing in certain countries. 3.2 The Company reserves the right, at its discretion, at any time to withdraw the whole or any part of the Services on a temporary or permanent basis and the Client agrees that the Company will have no obligation to shall inform the Client that the trading prohibition has been lifted. Otherwise, the procedure for returning the funds must occur immediately, regardless of whether the Client has requested the return of their funds or not. 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 15 business days commences from the date of the reasoninitial deposit. 3.3 5.3 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 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 Agreement shall take effect provision of information by means of electronic communication is treated as appropriate and commence upon acceptable since you have regular access to the receipt internet. The provision by the Client of a notice sent by an email address for the purposes of the carrying on of that business is considered as sufficient evidence. The Company informing ensures that the Client that he has been accepted as information available on its Website and/or the Platform will be always kept up to date. 5.4 By using the Company’s Client and Website and/or the Platform means that a Client Account has been opened for him. 3.4 Under the provisions of the International Business Companies (Amendment and Consolidation) Act of 2007, the Electronic Evidence Act of 2004 and the Electronic Transactions Act of 2007, a distance contract is legally binding upon the contractors without the requirement of a signature. The Client hereby acknowledges that you properly accept this Agreement and any other legal documents, policies and statements included therein such as the Privacy Policy, the Order Execution Policy, the Investment Guarantee Fund Policy, the Risk Disclosure Statement, the Conflict-of-Interest Policy, the Client Categorization Policy, the Complaints Handling Process etc. Your access and use of the Website and/or the Platform is governed by the version of the Agreement published on Company's website as amended from time to time. 5.5 For avoidance of any doubt, the Company shall not be responsible for any authorized access and/or use of 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. You shall ensure that at all times the devices through which you 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 reach of other persons. You are solely responsible for all and any loss resulting from unauthorized use of your Account, including loss suffered as a result of lost or stolen passwords. 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 18 or otherwise above the legal age in your country of residence; (c) that all of the terms 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 correct and conditions thereof are legally binding upon him fully updated; (d) that you have all necessary rights, power, and breach of any of the terms and conditions of authority to enter into this Agreement shall give rise and to possible legal actions, should out-of-court settlement does perform the acts required of you hereunder. 5.7 The Company will not prove of a sufficient settlement method of any matter arising out of or in connection provide you with any term legal, tax or condition of this Agreement. 3.5 The Client hereby acknowledges investment advice. Any and agrees that: a. By completing and submitting the online Account Opening Agreement and clicking on the “I Accept” button or similar buttons or links as may be designated by the Company all information on the Company’s Main Website(s) shows his approval Website and/or the Platform is for informative and educational purposes only and no guarantee is represented from any statements about profits or income, whether express or implied. 5.8 AXON shall not give advice to you on the merits of this Agreement; b. By continuing to access any Trade/Order and shall deal with you on an “execution-only” basis. None of the Company personnel is authorised or use permitted by AXON, as per the Company’s Main Website(s)license, to provide you with investment advice or to make investment recommendations. Accordingly, you should not consider any written or oral communication from 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 advice consultant.

Appears in 1 contract

Samples: Client Agreement

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Application and Commencement. 3.1 After 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 together with all the required identification documentation required by and the Company for has completed due diligence and satisfied its own internal checksrequirements in terms of Know Your Customer (hereafter referred to as the ͞KYC͟oͿr 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 will send him shall update the Client's Account status in a notice informing him whether he reasonable time and shall inform the Client that the deposit limit has been accepted as lifted. If the Client 3.3. SomĞ ĂƌĞĂƐ Žƌ ƉĂƌƚƐ ŽĨ ƚŚĞ ŽŵƉĂŶLJ͛Ɛ tĞďƐŝƚĞ specific Terms of Access and/or use posted thereon, if there is a Client conflict and/or discrepancy NAGA GLOBAL LLC 3.4. Your access and use of the CompanyŽŵƉĂŶWeLJbs͛iteƐand/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 understood 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 not at the ŽŵƉĂdŶisLJcre͛tioƐn to be required (and may be unable under Applicable Regulations) to accept a person as its Client until cancel all documentation it requires has been received by the Company, properly and fully completed transactions performed by the Client and all internal Company checks have been satisfied. It is further understood that the Company reserves the right to impose additional due diligence requirements to accept Clients residing in certain countries. 3.2 The Company reserves the right, at its discretion, at any time to withdraw the whole or any part of the Services on a temporary or permanent basis and the Client agrees that the Company will have no obligation to inform the Client of the reason. 3.3 The Agreement shall take effect and commence upon the receipt by the Client of a notice sent by the Company informing the Client that he has been accepted as the Company’s Client and that a Client Account has been opened for him. 3.4 Under the provisions of the International Business Companies (Amendment and Consolidation) Act of 2007, the Electronic Evidence Act of 2004 and the Electronic Transactions Act of 2007, a distance contract is legally binding upon the contractors without the requirement of a signature. The Client hereby acknowledges that this Agreement and all of the terms and conditions thereof are legally binding upon him and breach of any of the terms and conditions of this Agreement shall give rise to possible legal actions, should out-of-court settlement does not prove of a sufficient settlement method of any matter arising out of or in connection with any term or condition of under this Agreement. 3.5 3.8. The Client hereby acknowledges Website and/or the Platform is NOT intended to provide legal, tax or investment advice. NAGA GLOBAL LLC 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 agrees that:risk tolerance. You should consult your legal or tax professional regarding your financial situation. a. By completing 3.10. XXXX is not authorised by the Commission to provide Independent and/or Non ʹIndependent Advice and submitting the online Account Opening Agreement and clicking shall not give advice to you on the “I Accept” button or similar buttons or links as may be designated by the Company on the Company’s Main Website(s) shows his approval merits of this Agreement; b. By continuing to access or use the Company’s Main Website(s).any Trade/Order and shall deal with

Appears in 1 contract

Samples: Client Agreement

Application and Commencement. 3.1 ‌ 2.1. After the Client fills in and submits the Account Opening Application Form together with all the required identification documentation required by the Company for its own internal checks, the Company will send him a notice informing him whether he has been accepted as a Client of the Company. It is understood that the Company is not to be required (and may be unable under Applicable Regulations) to accept a person as its Client until all documentation it requires has been received by the Company, properly and fully completed by the Client and all internal Company checks have been satisfied. It is further understood that the Company reserves the right to impose additional due diligence requirements to accept Clients residing in certain countries. 3.2 2.2. The Company reserves the right, at its discretion, at any time to withdraw the whole or any part of the Services on a temporary or permanent basis and the Client agrees that the Company will have no obligation to inform the Client of the reason. 3.3 2.3. The Agreement shall take effect and commence upon the receipt by the Client of a notice sent by the Company informing the Client that he has been accepted as the Company’s Client and that a Client Account has been opened for him. 3.4 2.4. Under the provisions of the International Business Companies (Amendment and Consolidation) Act of 2007, the Electronic Evidence Act of 2004 and the Electronic Transactions Act of 2007, a distance contract is legally binding upon the contractors without the requirement of a signature. The Client hereby acknowledges that this Agreement and all of the terms and conditions thereof are legally binding upon him and breach of any of the terms and conditions of this Agreement shall give rise to possible legal actions, should out-of-court settlement does not prove of a sufficient settlement method of any matter arising out of or in connection with any term or condition of this Agreement. 3.5 2.5. The Client hereby acknowledges and agrees that: a. By that by completing and submitting the online Account Opening Agreement and clicking on the “I Accept” button or similar buttons or links as may be designated by the Company on the Company’s Main Website(s) shows his approval of this Agreement; b. By Agreement and by continuing to access or use the Company’s Main Website(s). 2.6. 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 2.7. 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 the this Agreement that is in effect on the date on which our Website and/or the Platform is accessed and/or used by you. 2.8. For avoidance of doubt, the Company shall not be responsible for ant 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 are suitable, appropriate or advisable to you. 2.9. 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 18 or otherwise above the legal age in your country of residence; (c) 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 correct and current; (d) that you have all necessary rights, power, and authority to enter into this Agreement and to perform the acts required of you hereunder; (e) 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; (f) you are not an employee of a Listed Company. 2.10. 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 indented to provide legal, tax or investment advice and no guarantee is represented from any statements about profits or income, whether express or implied. 2.11. You are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objective, 2.12. 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 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 advice.

Appears in 1 contract

Samples: Client Agreement

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