Common use of Application and Commencement Clause in Contracts

Application and Commencement. 4.1. 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. 4.2. The Client accepts that from the date of the notification, they have 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 4.3. 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 , 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 Terms and Conditions shall prevail with respect to your access and/or use of such relevant area or part of the Company’s Website and/or the Platform. 4.4. 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 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 means you’re your properly accept this Agreement and any other legal policies and statements included therein such as the Privacy 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 the Agreement published on Company's website as amended from time to time. 4.6. For avoidance of any doubt, the Company shall not be responsible for any authorised 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 unauthorised use of your Account, including loss suffered as a result of lost or stolen passwords. 4.7. 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;

Appears in 2 contracts

Samples: Client Agreement, Client Agreement

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Application and Commencement. 4.1. 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. 4.2. The Client accepts that from the date of the notification, they have 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´sthe 4.3. 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 , 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 Terms and Conditions shall prevail with respect to your access and/or use of such relevant area or part of the Company’s Website and/or the Platform. 4.4. By accepting and agreeing to the Terms and Conditions during Conditionsduring 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 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 means you’re your properly accept this Agreement and any other legal policies and statements included therein such as the Privacy 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 the Agreement published on Company's website as amended from time to time. 4.6. For avoidance of any doubt, the Company shall not be responsible for any authorised 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 unauthorised use of your Account, including loss suffered as a result of lost or stolen passwords. 4.7. 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 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 fully updated; (d) that you have all necessary rights, power, and authority to enter into this Agreement and to perform the acts required of you hereunder; 4.8. The Company will not provide you with any 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 represented from any statements about profits or income, whether express or implied. 4.9. 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 is authorised or permitted by NAGA, as per the company’s license, to provide you investment advice or to make investment recommendations. Accordingly, you should not 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 advice consultant.

Appears in 1 contract

Samples: Client Agreement

Application and Commencement. 4.1. 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. 4.2. The Client accepts that from the date of the notification, they have 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´sthe 4.3. 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 , 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 Terms and Conditions shall prevail with respect to your access and/or use of such relevant area or part of the Company’s Website and/or the Platform. 4.4. 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 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 means you’re your properly accept this Agreement and any other legal policies and statements included therein such as the Privacy 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 Agreement published date on Company's website as amended from time to timewhich you established a business relationship with our Company or by 18/09/2020 if you are existing client. 4.6. For avoidance of any doubt, the Company shall not be responsible for any authorised 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 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 reach of other persons. You are solely responsible for all and any loss resulting from unauthorised use of your Account, including loss suffered as a result of lost or stolen passwords. 4.7. 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 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 fully updated; (d) that you have all necessary rights, power, and authority to enter into this Agreement and to perform the acts required of you hereunder; 4.8. The Company will not provide you with any 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 represented from any statements about profits or income, whether express or implied. 4.9. 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 is authorised or permitted by NAGA, as per the company’s license, to provide you investment advice or to make investment recommendations. Accordingly, you should not 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 advice consultant.

Appears in 1 contract

Samples: Client Agreement

Application and Commencement. 4.13.1. 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.being 4.23.2. The Client accepts that from the date of the notification, they have 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´sClient´s Account status in a reasonable time and shall inform the Client that the deposit limit has been lifted. The procedure for returning the funds must occur 4.33.3. 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 , 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 Terms and Conditions shall prevail with prevailwith respect to your access and/or use of such relevant area or part of the Company’s Website and/or Websiteand/or the Platform. 4.43.4. 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 to the internet. The provision by the Client of an email address for the purposes of purposesof 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.is 4.53.5. By using the Company’s Website and/or the Platform means you’re your properly accept this Agreement and any other legal policies and statements included therein such as the Privacy 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 Agreement published date on Company's website as amended from time to timewhich you established a business relationship with our Company or by 18/09/2020 if you are existing client. 4.63.6. For avoidance of any doubt, the Company shall not be responsible for any authorised 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 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 unauthorised use of your Account, including loss suffered as a result of lost or stolen passwords. 4.73.7. 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 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 fully updated; (d) that you have all necessary rights, power, and authority to enter into this Agreement and to perform the acts required of you hereunder; 3.8. The Company will not provide you with any 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 represented from any statements about profits or income, whether express or implied. 3.9. 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 is authorised or permitted by NAGA, as per the company’s license, to provide you investment advice or to make investment

Appears in 1 contract

Samples: Client Agreement

Application and Commencement. 4.13.1. 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. 4.23.2. The Client accepts that from the date of the notification, they have 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´sClient´s Account status in a reasonable time and shall inform the Client that the deposit limit has been lifted. The procedure for returning the funds must occur 4.33.3. 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 , 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 Terms and Conditions shall prevail with respect to your access and/or use of such relevant area or part of the Company’s Website and/or the Platform. 4.43.4. 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 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 website will be always kept up to date. 4.53.5. By using the Company’s Website and/or the Platform means you’re your properly accept this Agreement and any other legal policies and statements included therein such as the Privacy 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 Agreement published date on Company's website as amended from time to timewhich you established a business relationship with our Company or by 18/09/2020 if you are existing client. 4.63.6. For avoidance of any doubt, the Company shall not be responsible for any authorised 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 unauthorised use of your Account, including loss suffered as a result of lost or stolen passwords.which 4.73.7. 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 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 fully updated; (d) that you have all necessary rights, power, and authority to enter into this Agreement and to perform the acts required of you hereunder; 3.8. The Company will not provide you with any 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 represented from any statements about profits or income, whether express or implied. 3.9. 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 is authorised or permitted by XXXX, as per the company’s license, to provide you investment advice or to make investment recommendations. Accordingly, you should not 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 advice consultant.

Appears in 1 contract

Samples: Client Agreement

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Application and Commencement. 4.13.1. 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. 4.23.2. The Client accepts that from the date of the notification, they have 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´sClient´s Account status in a reasonable time and shall inform the Client that the deposit limit has been lifted. The procedure for returning the funds must occur immediately, regardless of whether the Client has requested the return of their funds or not. 4.33.3. 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 , 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 Terms and Conditions shall prevail with respect to your access and/or use of such relevant area or part of the Company’s Website and/or the Platform. 4.43.4. 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 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 website will be always kept up to date. 4.53.5. By using the Company’s Website and/or the Platform means you’re your properly accept this Agreement and any other legal policies and statements included therein such as the Privacy 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 Agreement published date on Company's website as amended from time to timewhich you established a business relationship with our Company or by 18/09/2020 if you are existing client. 4.63.6. For avoidance of any doubt, the Company shall not be responsible for any authorised 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 unauthorised use of your Account, including loss suffered as a result of lost or stolen passwords.shall 4.73.7. 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 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 fully updated; (d) that you have all necessary rights, power, and authority to enter into this Agreement and to perform the acts required of you hereunder; 3.8. The Company will not provide you with any 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 represented from any statements about profits or income, whether express or implied. 3.9. 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 is authorised or permitted by XXXX, as per the company’s license, to provide you investment advice or to make investment recommendations. Accordingly, you should not 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 advice consultant.

Appears in 1 contract

Samples: Client Agreement

Application and Commencement. 4.1‌ 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. It is hereby noted that no payment or fee is applicable for the execution and commencement of the present agreement. 4.23.2. The Client accepts that from the date of the notification, they have 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´sClient´s Account status in a reasonable time and shall inform the Client that the deposit limit has been lifted. The procedure for returning the funds must occur immediately, regardless of whether the Client has requested the return of their funds or not. 4.33.3. 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 , 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 Terms and Conditions shall prevail with respect to your access and/or use of such relevant area or part of the Company’s Website and/or the Platform. 4.43.4. 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 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 website will be always kept up to date. 4.53.5. By using the Company’s Website and/or the Platform means you’re your properly accept this Agreement and any other legal policies and statements included therein such as the Privacy 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 Agreement published date on Company's website as amended from time to timewhich you established a business relationship with our Company or by 18/09/2020 if you are existing client. 4.63.6. For avoidance of any doubt, the Company shall not be responsible for any authorised 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 unauthorised use of your Account, including loss suffered as a result of lost or stolen passwords.shall 4.73.7. 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 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 fully updated; (d) that you have all necessary rights, power, and authority to enter into this Agreement and to perform the acts required of you hereunder; 3.8. The Company will not provide you with any 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 represented from any statements about profits or income, whether express or implied. 3.9. 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 is authorised or permitted by XXXX, as per the company’s license, to provide you investment advice or to make investment recommendations. Accordingly, you should not 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 advice consultant.

Appears in 1 contract

Samples: Client Agreement

Application and Commencement. 4.1. 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. 4.2. The Client accepts that from the date of the notification, they have 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´sthe 4.3. 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 , 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 Terms and Conditions shall prevail with respect to your access and/or use of such relevant area or part of the Company’s Website and/or the Platform. 4.4. By accepting and agreeing to the Terms and Conditions during Conditionsduring 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 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 means you’re your properly accept this Agreement and any other legal policies and statements included therein such as the Privacy 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 the Agreement published on Company's website as amended from time to time. 4.6. For avoidance of any doubt, the Company shall not be responsible for any authorised 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 unauthorised use of your Account, including loss suffered as a result of lost or stolen passwords. 4.7. 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 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 fully updated; (d) that you have all necessary rights, power, and authority to enter into this Agreement and to perform the acts required of you hereunder; 4.8. The Company will not provide you with any 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 represented from any statements about profits or income, whether express or implied. 4.9. 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 is authorised or permitted by XXXX, as per the company’s license, to provide you investment advice or to make investment recommendations. Accordingly, you should not 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 advice consultant.

Appears in 1 contract

Samples: Client Agreement

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