CAPACITY AND CLIENT CATEGORIZATION. 5.1. We act as market maker in certain markets, including CFD Transactions, meaning that we quote both Bid and Ask Prices. In relation to any Transactions, including when acting as Market Makers we are your counterparty in all Transactions and trades which you enter into with us. 5.2. Except where we agree otherwise with you, the Client and Safecap will enter into any Transactions as Principals . 5.3. You represent that you act as principal and not as agent (or trustee) on behalf of someone else. Unless expressly approved by Safecap in advance in writing, you may not act as an agent or trustee on behalf of someone else. 5.4. Unless we specifically advise you that we will treat you as a Professional Client, we will always categorize you as a Retail Client for the purposes of the Investment Services and Activities and Regulated Markets Law. You are entitled to certain Client protections stipulated in the Investment Services and Activities and Regulated Markets Law, including your ability to participate in the Investor Compensation Fund, available in Clients Categorisation and Regulatory Protections of such re-categorization and on such terms as we may notify you of upon acceptance of your request or (b) we may, if we do not agree to re-categorize you as per your request, refuse to enable this re- categorization. 5.6. If you do request such re-categorisation and we agree to such re-categorisation, the protection afforded to you by certain CySEC rules and the other Applicable Laws and Regulations may be substantially reduced, as explained in the Client Categorization and Regulatory Protections Policy. You hereby represent that prior to making a request for re-categorization to the higher Professional Client category, you have read and understood the loss of protection which this entails. 5.7. We may choose, in our implementation of relevant guidance notes issued by regulatory authorities, to treat you either as an Experienced Retail Client or as a Less Experienced Retail Client, as set out below. 5.8. We may use other members of our Group or third parties in undertaking work on our behalf with respect to Services we provide to you pursuant to this Agreement (the “Service Providers”). The work undertaken on our behalf by such Service Providers may indicatively include execution of marketing campaigns, gathering and processing of client information, specialised software and IT services or other client support services. These Service Providers may be located within or outside the European Union. Where we choose to co- operate with such Service Providers, we shall do so in accordance with the Applicable Laws and Regulations. We remain at all times responsible to you for the Services provided to you, in accordance with the terms of this Agreement and irrespective of any work that may be undertaken on our behalf by such Service Providers. Except where there is a Force Majeure Event, we are responsible for the conduct of work of such Service providers in relation to the work and activities they undertake on our behalf. We shall use reputable and competent Service Providers and have in place controls as to the selection and monitoring of the performance of the work executed on our behalf by such Service Providers.
Appears in 5 contracts
Samples: Investment Services Agreement, Investment Services Agreement, Investment Services Agreement
CAPACITY AND CLIENT CATEGORIZATION. 5.1. We act as market maker in certain markets, including CFD Transactions, meaning that we quote both Bid and Ask Prices. In relation to any Transactions, including when acting as Market Makers we are your counterparty in all Transactions and trades which you enter into with us.
5.2. Except where we agree otherwise with you, the Client and Safecap will enter into any Transactions as Principals .
5.3. You represent that you act as principal and not as agent (or trustee) on behalf of someone else. Unless expressly approved by Safecap in advance in writing, you may not act as an agent or trustee on behalf of someone else.
5.4. Unless we specifically advise you that we will treat you as a Professional Client, we will always categorize you as a Retail Client for the purposes of the Investment Services and Activities and Regulated Markets Law. You are entitled to certain Client protections stipulated in the Investment Services and Activities and Regulated Markets Law, including your ability to participate in the Investor Compensation Fund, available in Clients Categorisation and Regulatory Protections Document.
5.5. In cases where you request that we categorize you as a Professional Client instead of a Retail Client, we may either: (a) allow you to be re- categorized as per your request in respect of any part or all of your dealings with us, subject to any documentation and other evidence as we may require in order to verify your eligibility with respect of such re-categorization and on such terms as we may notify you of upon acceptance of your request or (b) we may, if we do not agree to re-categorize you as per your request, refuse to enable this re- categorization.
5.6. If you do request such re-categorisation and we agree to such re-categorisation, the protection afforded to you by certain CySEC rules and the other Applicable Laws and Regulations may be substantially reduced, as explained in the Client Categorization and Regulatory Protections Policy. You hereby represent that prior to making a request for re-categorization to the higher Professional Client category, you have read and understood the loss of protection which this entails.
5.7. We may choose, in our implementation of relevant guidance notes issued by regulatory authorities, to treat you either as an Experienced Retail Client or as a Less Experienced Retail Client, as set out below.
5.8. We may use other members of our Group or third parties in undertaking work on our behalf with respect to Services we provide to you pursuant to this Agreement (the “Service Providers”). The work undertaken on our behalf by such Service Providers may indicatively include execution of marketing campaigns, gathering and processing of client information, specialised software and IT services or other client support services. These Service Providers may be located within or outside the European Union. Where we choose to co- operate with such Service Providers, we shall do so in accordance with the Applicable Laws and Regulations. We remain at all times responsible to you for the Services provided to you, in accordance with the terms of this Agreement and irrespective of any work that may be undertaken on our behalf by such Service Providers. Except where there is a Force Majeure Event, we are responsible for the conduct of work of such Service providers in relation to the work and activities they undertake on our behalf. We shall use reputable and competent Service Providers and have in place controls as to the selection and monitoring of the performance of the work executed on our behalf by such Service Providers.
Appears in 1 contract
Samples: Investment Services Agreement
CAPACITY AND CLIENT CATEGORIZATION. 5.1. We act as market maker in certain markets, including CFD Transactions, meaning that we quote both Bid and Ask Prices. In relation to any Transactions, including when acting as Market Makers we are your counterparty in all Transactions and trades which you enter into with us.
5.2. Except where we agree otherwise with you, the Client and Safecap will enter into any Transactions as Principals .
5.3. You represent that you act as principal and not as agent (or trustee) on behalf of someone else. Unless expressly approved by Safecap in advance in writing, you may not act as an agent or trustee on behalf of someone else.
5.4. Unless we specifically advise you that we will treat you as a Professional Client, we will always categorize you as a Retail Client for the purposes of the Investment Services and Activities and Regulated Markets Law. You are entitled to certain Client protections stipulated in the Investment Services and Activities and Regulated Markets Law, including your ability to participate in the Investor Compensation Fund, available in Clients Categorisation and Regulatory Protections of such re-categorization and on such terms as we may notify you of upon acceptance of your request or (b) we may, if we do not agree to re-categorize you as per your request, refuse to enable this re- categorization.
5.6. If you do request such re-categorisation and we agree to such re-categorisation, the protection afforded to you by certain CySEC rules and the other Applicable Laws and Regulations may be substantially reduced, as explained in the Client Categorization and Regulatory Protections Policy. You hereby represent that prior to making a request for re-categorization to the higher Professional Client category, you have read and understood the loss of protection which this entails.
5.7. We may choose, in our implementation of relevant guidance notes issued by regulatory authorities, to treat you either as an Experienced Retail Client or as a Less Experienced Retail Client, as set out below.
5.8. We may use other members of our Group or third parties in undertaking work on our behalf with respect to Services we provide to you pursuant to this Agreement (the “Service Providers”). The work undertaken on our behalf by such Service Providers may indicatively include execution of marketing campaigns, gathering and processing of client information, specialised software and IT services or other client support services. These Service Providers may be located within or outside the European Union. Where we choose to co- operate with such Service Providers, we shall do so in accordance with the Applicable Laws and Regulations. We remain at all times responsible to you for the Services provided to you, in accordance with the terms of this Agreement and irrespective of any work that may be undertaken on our behalf by such Service Providers. Except where there is a Force Majeure Event, we are responsible for the conduct of work of such Service providers in relation to the work and activities they undertake on our behalf. We shall use reputable and competent Service Providers and have in place controls as to the selection and monitoring of the performance of the work executed on our behalf by such Service Providers.
Appears in 1 contract
Samples: Investment Services Agreement
CAPACITY AND CLIENT CATEGORIZATION. 5.1. We act as market maker in certain markets, including CFD Transactions, meaning that we quote both Bid and Ask Prices. In relation to any Transactions, including when acting as Market Makers we are your counterparty in all Transactions and trades which you enter into with us.
5.2. Except where we agree otherwise with you, the Client and Safecap will enter into any Transactions as Principals .
5.3. You represent that you act as principal and not as agent (or trustee) on behalf of someone else. Unless expressly approved by Safecap in advance in writing, you may not act as an agent or trustee on behalf of someone else.
5.4. Unless we specifically advise you that we will treat you as a Professional Client, we will always categorize you as a Retail Client for the purposes of the Investment Services and Activities and Regulated Markets Law. You are entitled to certain Client protections stipulated in the Investment Services and Activities and Regulated Markets Law, including your ability to participate in the Investor Compensation Fund, available in Clients Categorisation and Regulatory Protections of such re-categorization and on such terms as we may notify you of upon acceptance of your request or (b) we may, if we do not agree to re-categorize you as per your request, refuse to enable this re- categorization.
5.6. If you do request such re-categorisation and we agree to such re-categorisation, the protection afforded to you by certain CySEC rules and the other Applicable Laws and Regulations may be substantially reduced, as explained in the Client Categorization and Regulatory Protections Policy. You hereby represent that prior to making a request for re-categorization to the higher Professional Client category, you have read and understood the loss of protection which this entails.
5.7. We may choose, in our implementation of relevant guidance notes issued by regulatory authorities, to treat you either as an Experienced Retail Client or as a Less Experienced Retail Client, as set out below.
5.8. We may use other members of our Group or third parties in undertaking work on our behalf with respect to Services we provide to you pursuant to this Agreement (the “Service Providers”). The work undertaken on our behalf by such Service Providers may indicatively include execution of marketing campaigns, gathering and processing of client information, specialised software and IT services or other client support services. These Service Providers may be located within or outside the European Union. Where we choose to co- operate with such Service Providers, we shall do so in accordance with the Applicable Laws and Regulations. We remain at all times responsible to you for the Services provided to you, in accordance with the terms of this Agreement and irrespective of any work that may be undertaken on our behalf by such Service Providers. Except where there is a Force Majeure Event, we are responsible for the conduct of work of such Service providers in relation to the work and activities they undertake on our behalf. We shall use reputable and competent Service Providers and have in place controls as to the selection and monitoring of the performance of the work executed on our behalf by such Service Providers.
Appears in 1 contract
Samples: Investment Services Agreement
CAPACITY AND CLIENT CATEGORIZATION.
5.1. We act as market maker in certain markets, including CFD Transactions, meaning that we quote both Bid and Ask Prices. In relation to any Transactions, including when acting as Market Makers we are your counterparty in all Transactions and trades which you enter into with us.
5.2. Except where we agree otherwise with you, the Client and Safecap will enter into any Transactions as Principals .
5.3. You represent that you act as principal and not as agent (or trustee) on behalf of someone else. Unless expressly approved by Safecap in advance in writing, you may not act as an agent or trustee on behalf of someone else.
5.4. Unless we specifically advise you that we will treat you as a Professional Client, we will always categorize you as a Retail Client for the purposes of the Investment Services and Activities and Regulated Markets Law. You are entitled to certain Client protections stipulated in the Investment Services and Activities and Regulated Markets Law, including your ability to participate in the Investor Compensation Fund, available in Clients Categorisation and Regulatory Protections Document.
5.5. In cases where you request that we categorize you as a Professional Client instead of a Retail Client, we may either: (a) allow you to be re- categorized as per your request in respect of any part or all of your dealings with us, subject to any documentation and other evidence as we may require in order to verify your eligibility with respect of such re-categorization and on such terms as we may notify you of upon acceptance of your request or (b) we may, if we do not agree to re-categorize you as per your request, refuse to enable this re- categorization.
5.6. If you do request such re-categorisation and we agree to such re-categorisation, the protection afforded to you by certain CySEC rules and the other Applicable Laws and Regulations may be substantially reduced, as explained in the Client Categorization and Regulatory Protections Policy. You hereby represent that prior to making a request for re-categorization to the higher Professional Client category, you have read and understood the loss of protection which this entails.
5.7. We may choose, in our implementation of relevant guidance notes issued by regulatory authorities, to treat you either as an Experienced Retail Client or as a Less Experienced Retail Client, as set out below.
5.8. We may use other members of our Group or third parties in undertaking work on our behalf with respect to Services we provide to you pursuant to this Agreement (the “Service Providers”). The work undertaken on our behalf by such Service Providers may indicatively include execution of marketing campaigns, gathering and processing of client information, specialised software and IT services or other client support services. These Service Providers may be located within or outside the European Union. Where we choose to co- operate with such Service Providers, we shall do so in accordance with the Applicable Laws and Regulations. We remain at all times responsible to you for the Services provided to you, in accordance with the terms of this Agreement and irrespective of any work that may be undertaken on our behalf by such Service Providers. Except where there is a Force Majeure Event, we are responsible for the conduct of work of such Service providers in relation to the work and activities they undertake on our behalf. We shall use reputable and competent Service Providers and have in place controls as to the selection and monitoring of the performance of the work executed on our behalf by such Service Providers.
Appears in 1 contract
Samples: Investment Services Agreement
CAPACITY AND CLIENT CATEGORIZATION. 5.1. We act as market maker in certain markets, including CFD Transactionsmaker, meaning that we quote both Bid and Ask Prices. In relation to any Transactions, including when acting as Market Makers we We are your counterparty in all Transactions and trades which you enter into with us.
5.2. Except where we agree otherwise with you, the Client and Safecap we will enter into any Transactions therefore act as Principals .principal
5.35.2. You represent that you act as principal and not as agent (or trustee) on behalf of someone else. Unless expressly approved by Safecap WGM Services Ltd in advance in writing, you may not act as an agent or trustee on behalf of someone else.
5.45.3. Unless we specifically advise you that we will treat you as a Professional Client, we will always categorize you as a Retail Retails Client for the purposes purpose of the Investment Services and Activities and Regulated Markets Law. You are entitled to certain Client protections stipulated in the Investment Services and Activities and Regulated Markets Law, including your ability to participate in the Investor Compensation Fund, available in Clients Categorisation the Investor Compensation Fund Document.
5.4. In cases where you request that we categorize you as a Professional Client instead of a Retail Client, we may either: (a) allow you to be re-categorized as per your request in respect of any part or all of your dealings with us, subject to any documentation and Regulatory Protections other evidence as we may require in order to verify your eligibility with respect of such re-categorization and on such terms as we may notify you of upon acceptance of your request or (b) we may, if we do not agree to re-categorize you as per your request, refuse to enable this re- categorizationre-categorisation.
5.65.5. If you do request such re-categorisation and we agree to such re-categorisationcategorization, the protection afforded to you by certain CySEC rules rule and the other Applicable Laws and Regulations may be by substantially reduced, as explained in the Client Categorization and Regulatory Protections Policypolicy. You hereby represent that prior to making a request for re-categorization to the higher Professional Client category, you have read and understood the loss of protection which this entails.
5.75.6. We may choose, in In our implementation of relevant guidance notes issued by regulatory authorities, to we will treat you either as an Experienced Retail Client or if requested as a Less Experienced Retail Professional Client, as set out below.
5.85.7. We may use other members of our Group or third parties in undertaking work on our behalf with respect to Services we provide to you pursuant to this Agreement (the “Service Providers”)Agreement. The work undertaken on our behalf by such Service Providers service providers may indicatively include execution of marketing campaigns, gathering and processing of client information, specialised specialized software and IT services or other client support services. These Service Providers may be located within or outside the European Union. Where we choose to co- operate with such Service Providers, we shall do so in accordance with the Applicable Laws and Regulations. We remain at all times responsible to you for the Services provided to you, in accordance with the terms of this Agreement and irrespective of any work that may be undertaken on our behalf by such Service Providers. Except where there is a Force Majeure Event, we are responsible for the conduct of work of such Service providers in relation to the work and activities they undertake on our behalf. We shall use reputable and competent Service Providers and have in place controls as to the selection and monitoring of the performance of the work executed on our behalf by such Service Providers.
Appears in 1 contract
Samples: Terms and Conditions