CLIENT DECLARATION. 33.1 The Client solemnly declares that: 33.1.1 They have carefully read, fully understood, and accepted the entire text of the above Terms and Conditions and Appendices, and fully and unconditionally agree to them. 33.1.2 They have reviewed all the information provided on the Website regarding the Company, its Services, relevant fees and costs, Order and Execution Policy, Conflict of Interest Policy, General Risk Disclosure, and have found all relevant information to be up to standard. 33.1.3 They are over 18, and to the best of their knowledge and belief, the information provided in the Registration Form and any other documentation supplied in connection with the application is correct, complete, and not misleading. They will inform the Company of any changes to the details or information entered in the Registration Form. 33.1.4 They accept that for any Orders placed with the Company for the Financial Instruments offered, the Company will act as an agent and not as a principal on the Client’s behalf. The sole execution venue for the execution of their Orders shall be on the Platform. 33.1.5 They have chosen the investment amount, taking their total financial circumstances into consideration, which they consider reasonable under the circumstances. 33.1.6 For any money handed over to the Company, it is agreed that it belongs exclusively to the Client, free of any lien, charge, pledge and/or any other encumbrance, being no direct or indirect proceeds of any illegal act or omission or product of any criminal activity. 33.1.7 They act on their own behalf and not as a representative or trustee of any third party, unless they have provided the Company with a document and/or power of attorney that satisfactorily authorises them to act as a representative and/or trustee of a third party. 33.1.8 They understand, accept, and agree that the Company reserves the right to refund or return any amounts received to the remitter (or beneficial owner) if there is sufficient evidence that these amounts are direct or indirect proceeds of any illegal act, omission, or criminal activity, or if they belong to a third party and the Client has not provided sufficient explanation or justification for this. The Client consents that the Company may reverse any previous transactions in any of the Client’s Trading Accounts and terminate the Agreement under the specific paragraph of this Agreement. The Company reserves the right to take any legal action against the Client to protect itself in such an event and to claim any damages caused directly or indirectly by the Client as a result of such an occurrence. 33.1.9 They guarantee the authenticity and validity of any document provided to the Company. 33.1.10 They have regular access to the internet and consent to the Company providing them with documents that form the Agreement, including any amendments to fees, costs, Contract Specifications, Products and Services offered, Financial Instruments offered, or the characteristics of the Client’s Trading Account(s), as well as information about the nature and risks of investments. These documents, amendments, and information may be provided by posting them on the Website or Platform, or by sending an electronic mail (email). 33.1.11 They acknowledge that the Company only acts as intermediary between the Client and the Liquidity Provider and is not the Client’s counterparty to any Transactions.
Appears in 2 contracts
Sources: Service Agreement, Service Agreement
CLIENT DECLARATION. 33.1 The Client solemnly declares that:
33.1.1 They have (a) He has carefully read, read and fully understood, understood and accepted the entire text of the above Terms and Conditions and Appendices, and Appendices with which he fully and unconditionally agree to them.agrees;
33.1.2 They have reviewed (b) He has read and gone through all the information provided on the Website regarding the Company, its ServicesServices offered, relevant fees and costs, Order and Execution Policy, Conflict of Interest Policy, General Risk Disclosure, and have has found all relevant information to be up to standard.standards;
33.1.3 They are (c) He is over 18, 18 and to the best of their his knowledge and belief, the information provided in the Registration Form and any other documentation supplied in connection with the application application, is correct, complete, complete and not misleading. They misleading and he will inform the Company of any changes to the details or information entered in the Registration Form.;
33.1.4 They accept (d) He accepts that for any Orders placed he will place with the Company for the Financial Instruments offeredoffered by the Company, the Company latter will act as an agent and not as a principal on the Client’s behalf. The sole execution venue for the execution of their his Orders shall be on the Platform.;
33.1.5 They have (e) He has chosen the investment amount, taking their his total financial circumstances into consideration, consideration which they consider he considers reasonable under the such circumstances.;
33.1.6 (f) For any money handed over to the Company, it is agreed that it belongs exclusively to the Client, free of any lien, charge, pledge and/or any other encumbrance, being no direct or indirect proceeds of any illegal act or omission or product of any criminal activity.;
33.1.7 They act on their own behalf (g) He acts for himself and not as a representative or a trustee of any third partyperson, unless they have provided he has produced, to the Company with satisfaction of the Company, a document and/or power of attorney that satisfactorily authorises them enabling him to act as a representative and/or trustee of a any third party.person;
33.1.8 They understand(h) He understands, accept, accepts and agree agrees that the Company reserves the right to refund or refund/return any amounts received to the remitter (or beneficial owner) if there is any amounts received, having sufficient evidence proof that these amounts are direct or indirect proceeds of any illegal act, omission, or act and/or omission and/or product of any criminal activity, or if they activity and/or belong to a third party and the Client has not provided produced sufficient explanation or justification excuse and/or explanations for this. The Client that event, and consents that the Company may reverse all and any types of previous transactions performed by the Client in any of the his Client’s Trading Accounts and terminate the Agreement under the specific paragraph of this Agreement. Paragraph 23 The Company reserves the right to take all and any legal action actions against the Client to protect cover itself in upon such an event and to claim any damages caused directly or indirectly to the Company by the Client as a result of such an occurrence.event;
33.1.9 They guarantee (i) He guarantees the authenticity and validity of any document provided handed over by the Client to the Company.;
33.1.10 They have (j) He has regular access to the internet and provides consent to the Company providing them him with the documents that which form the Agreement, including any amendments of fees or to fees, costs, the costs or to the Contract Specifications, Specifications or the Products and Services offered, offered or Financial Instruments offered, offered or the characteristics of the Client’s Trading Account(s), as well as information ) and about the nature and risks of investments. These investments by posting such documents, amendments, amendments and information may be provided by posting them on the Website or Platform, the Platform or by sending an electronic mail (emaile-mail).
33.1.11 They acknowledge that ; represented by: represented by: Name: Name: Title: Title: Date: Date: The Liquidity Providers issuing foreign financial instruments offered by the Company only acts as intermediary between for trading are:
1. BrokerCreditService (Cyprus) Limited ("BCS Cyprus") is the Client company incorporated under Cyprus law, with the registration number HE 154856. BCS Cyprus is regulated by the Cyprus Securities and the Liquidity Provider and is not the Client’s counterparty to any TransactionsExchange Commission ("CySEC"), Authorisation #048/04.
Appears in 1 contract
Sources: Service Agreement
CLIENT DECLARATION. 33.1 12.1 The Client solemnly declares expressly agrees by his/her signature (including remotely) to:
a. the Order Execution Strategy published on the Website,
b. the execution of the Client´s Order outside a regulated market, multilateral trading facility or outside an organised trading facility (i.e. on “OTC markets”), in respect of all trades,
c. the provision of information that is not personally addressed to the Client via the Brokerage Company´s Website,
d. the fact that the Agreement will be concluded by accepting this draft Agreement and agrees that the Brokerage Company has the right not to accept the draft Agreement or to withdraw from the concluded Agreement if the Brokerage Company determines that essential facts are in conflict with this draft Agreement.
12.2 The Client confirms by his/her signature (including remotely) that:
33.1.1 They have carefully read, fully understood, a. he/she has read and accepted understood the entire text of the above draft Agreement and confirms the completeness and truthfulness of his/her personal data and the information provided by him/her in this Agreement,
b. has read and understood the contents of the General Terms and Conditions Conditions,
c. all his answers in the Investor Test are true and Appendices, and fully and unconditionally agree to them.
33.1.2 They have reviewed he solemnly declares that all the information provided on the Website regarding the Company, its Services, relevant fees and costs, Order and Execution Policy, Conflict of Interest Policy, General Risk Disclosure, and have found all relevant information to be up to standard.
33.1.3 They are over 18, and to the best of their knowledge and beliefcontained in this draft, the information provided in the Registration Form and Investor Test or any other documentation supplied in connection relevant documents and documents submitted with the application is correctregard to this draft Agreement are up-to-date, complete, complete and not misleading. They will inform the Company of any changes to the details or information entered in the Registration Form.
33.1.4 They accept that for any Orders placed with the Company for the Financial Instruments offered, the Company will act as an agent and not as a principal on the Client’s behalf. The sole execution venue for the execution of their Orders shall be on the Platform.
33.1.5 They have chosen the investment amount, taking their total financial circumstances into consideration, which they consider reasonable under the circumstances.
33.1.6 For any money handed over to the Company, it is agreed that it belongs exclusively to the Client, free of any lien, charge, pledge and/or any other encumbrance, being no direct or indirect proceeds of any illegal act or omission or product of any criminal activity.
33.1.7 They act on their own behalf and not as a representative or trustee of any third party, unless they have provided the Company with a document and/or power of attorney that satisfactorily authorises them to act as a representative and/or trustee of a third party.
33.1.8 They understand, accept, and agree that the Company reserves the right to refund or return any amounts received to the remitter (or beneficial owner) if there is sufficient evidence that these amounts are direct or indirect proceeds of any illegal act, omission, or criminal activity, or if they belong to a third party and the Client has not provided sufficient explanation or justification for thistrue. The Client consents understands that he/she is entitled to retake the Company may reverse Investor Test (available on the Platform ) at any previous transactions in any of time or upon request from the Client’s Trading Accounts Brokerage Company,
d. he/she has read and terminate the Agreement understood all costs and related fees, containing information related to investment services and ancillary services provided under the specific paragraph of this Agreement. The Company reserves the right to take any legal action against the Client to protect itself in such an event and to claim any damages caused directly or indirectly by the Client as a result of such an occurrence.
33.1.9 They guarantee the authenticity and validity of any document provided to the Company.
33.1.10 They have regular access to the internet and consent to the Company providing them with documents that form the Agreement, including any amendments third party payments, pursuant to fees, costs, Contract Specifications, Products and Services offered, Financial Instruments offered, or the characteristics Section 73d(1)(d) of the Client’s Trading Account(s), SA Act,
e. he/she was provided with information on the principles of client categorization and the right to request a change of category within the client categorisation listed on the Website and on his categorisation as well a "retail client" in accordance with the CP Act. The client agrees to being categorised as information a 'retail client'
f. he/she has been informed about the nature and risks associated with the provided investment services, about his/her rights to information provided by the Brokerage Company, about the manner and scope of investments. These documentsthe client protection system and about the guarantees provided by this system, amendmentsabout the obligations and responsibilities of the Brokerage Company,
g. he/she notifies the Brokerage Company without any delay of any change in its identification data and information specified in the draft Agreement, including a change in tax residence and data in the list of its controlling persons, the assignment of a tax identification number, and hereby undertakes to notify them of the change in data by means of an affidavit, within 30 days of the date of the change in any information or any declaration set out in the draft of this Agreement, becomes false as a result of a change of circumstances,. By his/her signature (including remotely), the Client also undertakes, upon request of the Brokerage Company, to provide them with additional data and an affidavit for the purposes of obligations under Act No. 359/2015 Coll. on automatic exchange of financial account information in the field of taxation and on the amendment to certain acts,
h. the Brokerage Company obtains and processes the provided personal data as a controller in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and with Article 13(1)(b), (c) and (f) of Act No.18/2018 Coll. on personal data protection as well as in accordance with the wording of special laws, in particular for the purpose of i) concluding, executing and subsequent review of transactions between the Brokerage Company and Clients, for the purpose of identifying clients and their representatives, for the purpose of protecting and asserting the Brokerage Company´s rights against clients, for the purpose of documenting the activities of the Brokerage Company for the purpose of supervision and for the fulfilment of the Brokerage Company´s tasks and obligations under the SA Act in accordance with Sections 73a and 75, ii) the exercise of due diligence in relation to the Client and for the purpose of detecting an unusual trading operation within the meaning of Sections 10 and 19 of Act No. 297/2008 Coll. on protection against money laundering and terrorist financing and on the amendment to certain acts, iii) to provide information on financial accounts for the purpose of correct assessment of tax liability within the meaning of section 19 of Act No. 359/2015 Coll. on automatic exchange of financial account information in the field of taxation and on the amendment to certain acts, iv) exchange of information concerning mediated financial services between the Financial Agent and the Brokerage Company within the meaning of Act No. 186/2009 Coll. on Financial Intermediation and Financial counselling and on amendment and supplementation of certain regulations (hereinafter referred to as "ZFSFP"). The Client understands that pursuant to Act No. 18/2018 Coll. on personal data protection, as amended, the FA, or other entities in the capacity of an intermediary, are entitled to process the personal data of the data subjects - the Clients.
i. before providing his/her personal data, client has been informed in advance by the Brokerage Company of the identification information of the intermediary and his/her rights as a data subject and of all the data pursuant to Section 19 or Section 20 of Act No. 18/2018 Coll., as the case may be. on the protection of personal data, as amended, within the scope defined for the given legal basis, purpose and scope of processing, and acknowledges that the Brokerage Company is entitled to entrust the processing of his personal data to the processor within the scope of this declaration, as well as the fact that a photocopy of his identity document may be provided by posting them sent to the Brokerage Company if the contract is concluded via FA.
j. further details on the protection of personal data, including the rights of data subjects, are set out on the Website in the Privacy Notice document,
k. the Client agrees to use electronic communications services in accordance with the GTC, so that correspondence that does not require his signature or Platform, or by sending an electronic mail (email)nature of which allows it to be sent electronically to the email address he/she provided to the Brokerage Company. The Client is entitled to request in writing that correspondence be sent to the correspondence address that he provided to the Brokerage Company.
33.1.11 They acknowledge 12.3 The Client acknowledges that the Brokerage Company only acts as intermediary between is obliged under applicable legislation to record on a recording device Client’s calls that lead or may lead to placing/execution of an order in connection with an investment service or are made with the intention of providing services relating to orders.
12.4 If the Client has joint ownership, the Client hereby declares that he/she has informed his/her spouse of the intended investment and obtained the Liquidity Provider and is not spouse's consent to the Client’s counterparty to any Transactionsinvestment.
Appears in 1 contract
Sources: Investment Services Agreement
CLIENT DECLARATION. 33.1 The Client solemnly declares that:
33.1.1 They have (a) He has carefully read, read and fully understood, understood and accepted the entire text of the above Terms and Conditions and Appendices, and Appendices with which he fully and unconditionally agree to them.agrees;
33.1.2 They have reviewed (b) He has read and gone through all the information provided on the Website regarding the Company, its ServicesServices offered, relevant fees and costs, Order and Execution Policy, Conflict of Interest Policy, General Risk Disclosure, and have has found all relevant information to be up to standard.standards;
33.1.3 They are (c) He is over 18, 18 and to the best of their his knowledge and belief, the information provided in the Registration Form and any other documentation supplied in connection with the application application, is correct, complete, complete and not misleading. They misleading and he will inform the Company of any changes to the details or information entered in the Registration Form.;
33.1.4 They accept (d) He accepts that for any Orders placed he will place with the Company for the Financial Instruments offeredoffered by the Company, the Company latter will act as an agent and not as a principal on the Client’s behalf. The sole execution venue for the execution of their his Orders shall be on the Platform.;
33.1.5 They have (e) He has chosen the investment amount, taking their his total financial circumstances into consideration, consideration which they consider he considers reasonable under the such circumstances.;
33.1.6 (f) For any money handed over to the Company, it is agreed that it belongs exclusively to the Client, free of any lien, charge, pledge and/or any other encumbrance, being no direct or indirect proceeds of any illegal act or omission or product of any criminal activity.;
33.1.7 They act on their own behalf (g) He acts for himself and not as a representative or a trustee of any third partyperson, unless they have provided he has produced, to the Company with satisfaction of the Company, a document and/or power of attorney that satisfactorily authorises them enabling him to act as a representative and/or trustee of a any third party.person;
33.1.8 They understand(h) He understands, accept, accepts and agree agrees that the Company reserves the right to refund or refund/return any amounts received to the remitter (or beneficial owner) if there is any amounts received, having sufficient evidence proof that these amounts are direct or indirect proceeds of any illegal act, omission, or act and/or omission and/or product of any criminal activity, or if they activity and/or belong to a third party and the Client has not provided produced sufficient explanation or justification excuse and/or explanations for this. The Client that event, and consents that the Company may reverse all and any types of previous transactions performed by the Client in any of the his Client’s Trading Accounts and terminate the Agreement under the specific paragraph of this Agreement. Paragraph 23 The Company reserves the right to take all and any legal action actions against the Client to protect cover itself in upon such an event and to claim any damages caused directly or indirectly to the Company by the Client as a result of such an occurrence.event;
33.1.9 They guarantee (i) He guarantees the authenticity and validity of any document provided handed over by the Client to the Company.;
33.1.10 They have (j) He has regular access to the internet and provides consent to the Company providing them him with the documents that which form the Agreement, including any amendments of fees or to fees, costs, the costs or to the Contract Specifications, Products and Services offered, Financial Instruments offered, Specifications or the characteristics of the Client’s Trading Account(s), as well as information about the nature and risks of investments. These documents, amendments, and information may be provided by posting them on the Website or Platform, or by sending an electronic mail (email).
33.1.11 They acknowledge that the Company only acts as intermediary between the Client and the Liquidity Provider and is not the Client’s counterparty to any Transactions.the
Appears in 1 contract
Sources: Service Agreement
CLIENT DECLARATION. 33.1 The Client solemnly declares that:
33.1.1 They have (a) He has carefully read, read and fully understood, understood and accepted the entire text of the above Terms and Conditions and Appendices, and Appendices with which he fully and unconditionally agree to them.agrees;
33.1.2 They have reviewed (b) He has read and gone through all the information provided on the Website regarding the Company, its ServicesServices offered, relevant fees and costs, Order and Execution Policy, Conflict of Interest Policy, General Risk Disclosure, and have has found all relevant information to be up to standard.standards;
33.1.3 They are (c) He is over 18, 18 and to the best of their his knowledge and belief, the information provided in the Registration Form and any other documentation supplied in connection with the application application, is correct, complete, complete and not misleading. They misleading and he will inform the Company of any changes to the details or information entered in the Registration Form.;
33.1.4 They accept (d) He accepts that for any Orders placed he will place with the Company for the Financial Instruments offeredoffered by the Company, the Company latter will act as an agent and not as a principal on the Client’s behalf. The sole execution venue for the execution of their his Orders shall be on the Platform.;
33.1.5 They have (e) He has chosen the investment amount, taking their his total financial circumstances into consideration, consideration which they consider he considers reasonable under the such circumstances.;
33.1.6 (f) For any money handed over to the Company, it is agreed that it belongs exclusively to the Client, free of any lien, charge, pledge and/or any other encumbrance, being no direct or indirect proceeds of any illegal act or omission or product of any criminal activity.;
33.1.7 They act on their own behalf (g) He acts for himself and not as a representative or a trustee of any third partyperson, unless they have provided he has produced, to the Company with satisfaction of the Company, a document and/or power of attorney that satisfactorily authorises them enabling him to act as a representative and/or trustee of a any third party.person;
33.1.8 They understand(h) He understands, accept, accepts and agree agrees that the Company reserves the right to refund or refund/return any amounts received to the remitter (or beneficial owner) if there is any amounts received, having sufficient evidence proof that these amounts are direct or indirect proceeds of any illegal act, omission, or act and/or omission and/or product of any criminal activity, or if they activity and/or belong to a third party and the Client has not provided produced sufficient explanation or justification excuse and/or explanations for this. The Client that event, and consents that the Company may reverse all and any types of previous transactions performed by the Client in any of the his Client’s Trading Accounts and terminate the Agreement under the specific paragraph of this Agreement. Paragraph 23 The Company reserves the right to take all and any legal action actions against the Client to protect cover itself in upon such an event and to claim any damages caused directly or indirectly to the Company by the Client as a result of such an occurrence.event;
33.1.9 They guarantee (i) He guarantees the authenticity and validity of any document provided handed over by the Client to the Company.;
33.1.10 They have (j) He has regular access to the internet and provides consent to the Company providing them him with the documents that which form the Agreement, including any amendments of fees or to fees, costs, the costs or to the Contract Specifications, Specifications or the Products and Services offered, offered or Financial Instruments offered, offered or the characteristics of the Client’s Trading Account(s), as well as information ) and about the nature and risks of investments. These investments by posting such documents, amendments, amendments and information may be provided by posting them on the Website or Platform, the Platform or by sending an electronic mail (emaile-mail).
33.1.11 They acknowledge that the Company only acts as intermediary between the Client and the Liquidity Provider and is not the Client’s counterparty to any Transactions.;
Appears in 1 contract
Sources: Service Agreement