Client Acknowledgments. 8.1. You, the Client, acknowledge and confirm to ZERO Securities Pty Ltd for ZERO Securities Pty Ltd’ benefit in relying on the following:
(a) you (or, if a corporate entity, the directors who apply to be bound by these Terms) have read and understood all documentation provided to you by us including these Terms and any product disclosure statement (PDS) in relation to any Financial Products which you request ZERO Securities Pty Ltd to make available to you in relation to your Account;
(b) you have received, read and understood our Financial Services Guide (FSG);
(c) all dealings in Financial Products and the performance by us of our obligations under these Terms are subject to Applicable Laws;
(d) at all times you will be able to make payments and fulfil all commitments on your part arising under these Terms and under the conditions applicable to dealings between you and ZERO Securities Pty Ltd;
(e) we will not provide legal, tax, financial or accounting advice to you as part of the services that we provide to you in accordance with these Terms;
(f) by these Terms (including any Transaction made under it) we do not act in a fiduciary capacity in relation to you and ZERO Securities Pty Ltd does not owe any fiduciary obligations to you in respect of its services provided to you in connection with these Terms;
(g) ZERO Securities Pty Ltd may transfer from your other Account(s) held with ZERO Securities Pty Ltd (if any), whether carried or managed by ZERO Securities Pty Ltd , such funds as may be required to meet obligations as a result of Transactions between the Client and ZERO Securities Pty Ltd or to satisfy any amount owing by the Client under these Terms or otherwise and ZERO Securities Pty Ltd would not enter into these Terms but for this acknowledgement (and all of the other terms). Under the terms of the PIO the extent of the recourse provided to ZERO Securities Pty Ltd is limited to money ZERO Securities Pty Ltd holds both in a client money account on your behalf, or otherwise holds in relation to your CFD trading account;
(h) ZERO Securities Pty Ltd will either deal by issuance of a contract or it will instruct third parties to deal on behalf of the Client, in the Financial Products, as required by the Transaction;
(i) the Client will provide to ZERO Securities Pty Ltd on request such information regarding its financial and business affairs and identity, as ZERO Securities Pty Ltd may reasonably require;
(j) in agreeing to these Terms, the Client a...
Client Acknowledgments. Client acknowledges and agrees that:
(i) Company’s role is that of service provider only and is not a principal to an Offering or any transaction nor is it acting as a fiduciary in connection with any transaction proposed or consummated under this Agreement.
(ii) Company may restrict or suspend access to the System or Services (x) as Company deems necessary to comply with applicable law, protect against communications or security problems, or perform emergency maintenance; or (y) where Client is in breach of this Agreement.
(iii) Client is solely responsible for obtaining and maintaining, and protecting the security of its software, systems, equipment, telecommunication and internet connections required for Client’s use of the System and Services. Client shall reimburse Company for third-party expenses Company incurs on Client’s behalf and with Client’s prior written authorization.
(iv) Company, Network Members, and their respective agents may disclose without prior notice to or consent from the Client, Offering Materials and other information relating to an Offering to any applicable regulatory authority (including FINRA) as required or as requested pursuant to applicable regulation or in the course of a compliance audit.
(v) Client is responsible for backup of data and retention of business records, including records relating to an Offering, as it deems necessary or desirable, but at least as required by law applicable to the Client.
(vi) Company may rely upon the accuracy and completeness of all information provided by Client, and has no obligation to independently verify any such information.
(vii) Company and its affiliates may use Offering information in marketing or other materials for Company’s benefit. More specifically, Company and its affiliates may reference Client and Affiliated Issuer by name and include other information about an Offering as permitted by 17 C.F.R. 230.134(a) in its materials.
(viii) Company is not responsible for Outside Services, including accreditation checks, KYC checks and other diligence for Subscribers and Investors performed by Outside Service Providers.
(ix) In performing the Services, Company makes no guarantee that Client will raise funds in an Offering or meet its fundraising goals.
Client Acknowledgments. The Client acknowledges and agrees that the Company can provide no assurance that it will be able to recover the Benefits for the Client. The Client acknowledges and agrees that the Services will be performed strictly on a commercially reasonable “best efforts” basis.
Client Acknowledgments. The Client AGREES AND ACKNOWLEDGES that:
8.1. The Client has given consideration to the Client’s objectives, financial situation and needs and has formed the opinion that Dealing in derivatives is suitable for the Client’s purposes and has completed and submitted the Investor Profile with the IMA Operator and will inform the IMA Operator of any material changes.
8.2. The Client is aware of the risks involved in Dealing in derivatives, including, without limitation, the possibility that the Client’s entire investment may be lost and that the Client’s liability could exceed the assets in the account; the fact that this account will be subject to brokerage commissions regardless of whether profits are earned; and that even if the IMA Operator instructs the Executing Broker to use its best efforts to close out all open positions in this account at a particular time, there is no assurance that the Executing Broker will be able to close out all positions without incurring substantial additional losses.
8.3. The IMA Operator makes no promises, representations, warranties, or guarantees that any of its IMA Services to be provided as set out in this Agreement will result in a profit to the Client or will not result in a loss. All transactions are made for the sole account and risk of the Client. The Client is solely liable for and bears the risk of all errors in the execution of the IMA Operator’s instructions or otherwise, save through the IMA Operator’s own negligence, breach of duty, fraud or dishonesty.
8.4. The IMA Services of the IMA Operator shall not be limited to the Client and the IMA Operator shall be free to render similar IMA Services to others. The Client acknowledges that the IMA Operator manages other accounts and may be instructing the Executing Broker to execute trades for such accounts at or about the same time that it gives instructions to execute similar trades for the Client’s account.
8.5. The Client has received a copy of this Agreement and the agreement with the Executing Broker.
8.6. The IMA Operator and its directors and employees may Deal in derivatives on their own account.
8.7. The IMA Operator reserves the right to refuse to Deal on behalf of the Client in relation to any Dealings in derivatives (other than closing out existing open positions held in the Client’s account) or limit the number of open positions held on behalf of the Client or both. The IMA Operator will inform the Client of any refusal to deal.
8.8. The Client and the I...
Client Acknowledgments. The Client hereby acknowledges and agrees that:
(a) in placing orders to buy or sell securities, the Manager shall act solely as the Client's agent;
(b) the Manager shall not be responsible for the execution of security transactions processed by a custodian chosen by the Client;
(c) the Manager neither assumes responsibility for investment losses nor guarantees investment gains for the Client's accounts;
(d) the Manager shall have no obligation to institute or defend any legal proceedings on the Client's behalf;
(e) the Manager may accept and act upon such instructions which the Manager believes to be genuine, given orally or by telephone, facsimile, letter, email or other electronic means of communication acceptable to the Manager;
(f) the Manager will manage the Account in accordance with its this Agreement, the Investment Policy Statement provided to the Client, and the Statement of policies, as amended from time to time or published on its website;
(g) the Client consents to his or her personal information being compared to records maintained by third parties for the purpose of identity verification, including telecom and other service providers, and consents to those third parties providing personal information relating to Client to Tactex, its affiliates and our third-party suppliers for the purpose of identity verification;
(h) Client’s account statement and other documents or communications from the Manager will be made available to Client in electronic form only via the Moka online platform; and
(i) a copy of this Agreement may be provided by the Manager to the Custodian, if applicable.
Client Acknowledgments. The Client acknowledges that if the Client gives an Investment Instruction under a Regular Investment Facility:
(a) the Operator may acquire Accessible Investments for the Client without the Client having the current disclosure documents for the Accessible Investments; and
(b) the Operator may continue to acquire Accessible Investments for the Client until the Client instructs the Operator otherwise or the Operator terminates the facility in respect of the Client.
Client Acknowledgments. Client Acknowledges and agrees that:
a. The Payment Schedule is based on previous settlement averages achieved and calculated by Monarch. Accordingly, the actual amount paid into the program may vary. More or less funding may be required to settle all represented debts;
b. The program’s contemplated duration is an estimate based on full and timely payment each month as listed in the Payment Schedule. Any variation of payments, as well as many other factors, can affect the length of the program;
c. Monarch will deduct monthly Legal Administration fees through the duration of Client’s participation in the debt resolution program;
d. The success of Monarch’s representation on any particular debt may vary based on a number of factors, including your ongoing ability to make timely deposits to your Dedicated Account, the willingness of your creditors to negotiate settlements of your debt and other factors that are outside Monarch’s control;
e. Your participation in the program may result in you being subject to collections. Creditors may still contact you regarding debts subject to this Agreement. However, you should notify Monarch of harassment, as there may be steps Monarch can take to prevent or rectify illegal harassment;
f. Any reduction in the amount owed by Client may be considered a taxable event. You should consult a tax professional to determine any tax obligations they may have as a result of any settlements negotiated on their behalf; Initial:
g. The fees and costs paid to Monarch are compensation for the services described in the Scope of Engagement and the funds deposited into your Dedicated Account are for the purpose of saving funds for settling your accounts with creditors. Until you authorize and approve any such settlements, no payments of any kind, including any monthly minimum payments will be made to your creditors on the accounts, except those that are subject to Monarch’s Settlement Pre- Authorization form which states that Monarch shall make all reasonable efforts to obtain your approval for any settlement offer obtained on your behalf. In the event Monarch cannot contact you after making reasonable efforts, you authorize Monarch to proceed with any settlement resulting in a savings of 50% or more of your debt;
h. Monarch will refund the entire portion of any unused retainer fees for services that have not yet been rendered in the event you to terminate Monarch’s representation;
i. The amount you owe to your creditors or collectors may i...
Client Acknowledgments. Client expressly acknowledges that the Services are provided for informational purposes only, and that, except as otherwise expressly provided herein, State Street has no liability to Client in connection with the Services, the Materials (as defined below) or this Agreement except for its failure to exercise reasonable care in the performance of its duties hereunder and for loss arising from its negligence or wilful misconduct. Client further acknowledges the matters set forth below.
(a) The Services depend, directly or indirectly, on: (i) information concerning or relevant to Client or its customers, accounts or investors that is provided by Client or a third party at Client’s request or direction (e.g., advisors, suppliers and agents of Client) (the “Client Data”); (ii) data generated or aggregated by State Street (“State Street Data”); and (iii) data provided by third party sources (e.g. market or index data) that is not Client Data or State Street Data (“Third Party Data”). Client Data, State Street Data and Third Party Data are collectively referred to as “Data”. Data used, directly or indirectly, in connection with the Services may not be available or may contain errors or omissions, and the Services may not be complete, accurate or without errors or omissions. As a result, State Street does not guarantee and has no responsibility for the accuracy, reliability or completeness of any Client Data or Third Party Data used in connection with the Services, and State Street may rely on Data in all respects without independent verification.
(b) Client is responsible for ensuring that State Street has all necessary rights required to use Client Data in connection with the performance of the Services in accordance with this Agreement, and Client Data is provided to State Street without restriction on its use or disclosure with respect to the Services.
(c) The Services rely on assumptions, judgments, historical market data, tests, calculations and similar information, which may be uncertain and may not be indicative or predictive of future market performance or activities. Client is solely responsible for, and State Street has no liability with respect to, the use in the Services of any such assumptions, judgments, historical market data, tests, calculations and similar information.
(d) The Materials are not audited financial statements, and do not otherwise constitute audited accounts, and should not be relied on as such. Quotes of securities prices or securi...
Client Acknowledgments a. The Client hereby agrees to furnish GIA with all current information and/or documentation relative to his or her financial and investment situation. The Client further agrees to keep GIA informed of any changes as they pertain to Client’s objectives, needs, and goals. The Client acknowledges that GIA cannot adequately perform its services for the Client unless the Client diligently performs their responsibilities under this Agreement.
b. Client authorizes GIA to respond to inquiries from, and communicate and share information with, Client’s attorney, accountant, and other professionals to the extent necessary in furtherance of GIA’s services under this Agreement.
Client Acknowledgments. Client hereby acknowledges and agrees that:
