Common use of Client Representations and Warranties Clause in Contracts

Client Representations and Warranties. 10.1 You, the Client, represent and warrant that as at the date of these Account Terms and at all times during these Account Terms: if you are a legal entity other than a natural person, the Client is duly organised and validly existing (or, if a natural person, you are of legal age to make binding agreements and are not under a legal disability or incapacity which would make these Account Terms unenforceable or invalid) and you have full power and authority to enter into, and has taken all necessary steps to enable it lawfully to enter into, these Account Terms and the Transactions and obligations under it; the person executing (for the Client) the application for an agreement on these Account Terms has full power and authority to execute these Account Terms on behalf of the Client, and bind the entity (whether a natural person, company, partnership or otherwise); these Account Terms constitutes a legal, valid and binding obligation of the Client; if the Client is more than one person they will each be jointly (that is, together) and severally (that is, individually fully) liable under these Account Terms; if the Client is a corporation, you have been and remain duly formed under the laws of the place of its incorporation and has power and authority to deal in the Admiral Products offered by Admiral, and the person executing the Application Form on these Account Terms has full power and authority to execute (for the Client) the application for an agreement on these Account Terms; if the Client is one or more persons acting as a partnership in relation to these Account Terms, the Client and each other partner has power and authority to deal in Transactions and to be bound by these Account Terms, and the person executing the Application Form on these Account Terms has full power and authority to execute these Account Terms on behalf of all of the partners; if the Client is a Trustee, the trust deed specifically empowers and authorises dealings in the Admiral Products covered by these Account Terms, and such dealings are within the authorised ambit of the Trust’s investment strategy; if the Client is comprised of two or more persons (that is, holding a joint Account), that all such decisions made, and instructions issued, pursuant to these Account Terms, are made on a fully informed and agreed basis by all the parties to the joint Account; a Client may be comprised of two or more persons. If the client is comprised of more than one person then the Account will be deemed to be held by the persons as joint tenants despite any actual or constructive notice to Admiral of any partnership or other agreement between the persons. The joint holding will be only be deemed not to be held as joint tenants if Admiral expressly agrees that in writing that the persons consisting the client hold the Account as tenants in common in equal shares or by a court determination of that it is not held as joint tenants; if the Client is an investment manager or a responsible entity, the investment management agreement or fund constitution specifically empowers and authorises dealings in the Admiral Products, by the Client and on behalf of their underlying clients or investors; and such dealings are within the authorised ambit of each underlying client’s investment strategy; it will enter into Transactions pursuant to the applicable investment management agreement as investment manager or responsible entity and not otherwise; (iii) it will only deal in Admiral Products when the funds or other assets under its control are sufficient to meet the obligations which arise in connection with such dealing; and if your appointment as investment manager or responsible entity is terminated, it is authorised to arrange for Closing Out of all Transactions entered into on behalf of the Client prior to the date of such termination as soon as possible; is not an employee or the close relative of an employee of any exchange participant; you have read these Account Terms and any product disclosure statement issued by Admiral in relation to the Admiral Products and Transactions relevant to the Account (including the disclosures of significant risks); you have considered your objectives and financial situation and you have had a reasonable opportunity to obtain appropriate independent advice prior to entering into these Account Terms, and has formed the opinion that dealing in the Admiral Products is suitable for your needs and purposes; the Client is willing and able, financially and otherwise, to assume the risk of trading in high risk investments, Transactions using Margin and all other Transactions covered by these Account Terms; all information supplied to Admiral by the Client is, or at the time it is supplied will be, accurate in all material respects and the Client will not omit or withhold any information which would make such information inaccurate in any material respect; you will rely upon your own knowledge and judgment and will seek such advice (financial or otherwise) as may be prudent before placing an Order with Admiral and you assume full responsibility for any Order placed with Admiral; you fully understand the relevant provisions of: the prohibition of false or misleading markets and other market manipulation as described in Applicable Laws and section 1041A of the Corporations Act; the prohibition of xxxxxxx xxxxxxx as described in section 1043A of the Corporations Act; the prohibition of false trading and market rigging as described in sections 1041B and 1041C of the Corporations Act; the prohibition of misleading and deceptive conduct described in section 1041H of the Corporations Act; and Applicable Laws and, to the extent your investing in Admiral Products have Underlying Reference Instruments which are governed by the Corporations Act, the conditions upon which short selling is permitted on the ASX and the disclosure obligations are imposed on short sellers. You will notify Admiral if you are funding your account using superannuation as that may impact your classification as a retail or wholesale client. You acknowledge to us that you have received or downloaded, and read and understood the TMD document and you agree that you are within the class of consumers described in our TMD.

Appears in 5 contracts

Samples: Account Terms, Account Terms, Account Terms

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Client Representations and Warranties. 10.1 You, the Client, (1) You represent and warrant to Mitrade that: (a) You understand that as at the date of these Account Terms and at all times during these Account Terms: if you are a legal entity other than a natural person, the this Client is duly organised and validly existing (or, if a natural person, you are of legal age to make binding agreements and are not under a legal disability or incapacity which would make these Account Terms unenforceable or invalid) and you have full power and authority to enter into, and has taken all necessary steps to enable it lawfully to enter into, these Account Terms and the Transactions and obligations under it; the person executing (for the Client) the application for an agreement on these Account Terms has full power and authority to execute these Account Terms on behalf of the Client, and bind the entity (whether a natural person, company, partnership or otherwise); these Account Terms Agreement constitutes a legal, valid and binding obligation contract; (b) all orders to be placed and all trading to be conducted under this Client Agreement are lawful; (c) in executing and giving effect to this Client Agreement, you do not and will not infringe any provision of the Client; if the Client is any other document or agreement to which you are a party, nor any law or judgment/order binding upon you; (d) where you are more than one person they will each be jointly (that is, together) and severally (that is, individually fully) liable under these Account Terms; if the Client is a corporation, you have been and remain duly formed under the laws of the place of its incorporation and has power and authority to deal in the Admiral Products offered by Admiral, and the person executing the Application Form on these Account Terms has full power and authority to execute (for the Client) the application for an agreement on these Account Terms; if the Client is one or more persons acting as a partnership in relation to these Account Terms, the Client and each other partner has power and authority to deal in Transactions and to be bound by these Account Terms, and the person executing the Application Form on these Account Terms has full power and authority to execute these Account Terms on behalf of all of the partners; if the Client is a Trustee, the trust deed specifically empowers and authorises dealings in the Admiral Products covered by these Account Terms, and such dealings are within the authorised ambit of the Trust’s investment strategy; if the Client is comprised of two or more persons (that is, holding a joint Account)person, that all such decisions made, and instructions issued, pursuant to these Account Terms, this Client Agreement are made on a fully informed and agreed basis by all the parties to the joint Account; a Client may be comprised of two or more persons. If the client is comprised of more than one person then the Account will be deemed to be held by the persons as joint tenants despite any actual or constructive notice to Admiral of any partnership or other agreement between the persons. The joint holding will be only be deemed not to be held as joint tenants if Admiral expressly agrees that in writing that the persons consisting the client hold the Account as tenants in common in equal shares or by a court determination of that it is not held as joint tenants; if the Client is an investment manager or a responsible entity, the investment management agreement or fund constitution specifically empowers and authorises dealings in the Admiral Products, by the Client and on behalf of their underlying clients or investors; and such dealings account; (e) you are within the authorised ambit of each underlying client’s investment strategy; it will enter into Transactions pursuant to the applicable investment management agreement as investment manager or responsible entity and not otherwise; (iii) it will only deal in Admiral Products when the funds or other assets under its control are sufficient to meet the obligations which arise in connection with such dealing; and if your appointment as investment manager or responsible entity is terminated, it is authorised to arrange for Closing Out of all Transactions entered into on behalf of the Client prior to the date of such termination as soon as possible; is not an employee or nor the close relative of an employee of any exchange participant; you have read these Account Terms and any product disclosure statement issued by Admiral in relation to the Admiral Products and Transactions relevant to the Account ; (including the disclosures of significant risks); you have considered your objectives and financial situation and you have had a reasonable opportunity to obtain appropriate independent advice prior to entering into these Account Terms, and has formed the opinion that dealing in the Admiral Products is suitable for your needs and purposes; the Client is willing and able, financially and otherwise, to assume the risk of trading in high risk investments, Transactions using Margin and all other Transactions covered by these Account Terms; f) all information supplied to Admiral Mitrade by the Client you is, or at the time it is supplied will be, accurate in all material respects and the Client you will not omit or withhold any information which would make such information inaccurate in any material respect; ; (g) you will rely upon provide to Mitrade on request such information regarding your own knowledge financial and judgment business affairs and/or identity, as Mitrade may reasonably require; (h) you and Mitrade are bound by the applicable laws, Governing Laws, applicable Operating Rules, customs, usages and practices (as modified from time to time) of the applicable exchange and clearing houses where any dealing takes place; (i) you will seek take all reasonable steps to obtain and communicate to Mitrade all information, and shall deliver or cause to be delivered to Mitrade all documents with respect to dealings in the Financial Products which are requested by any person having the right to request such advice (financial or otherwise) as may be prudent before placing an Order with Admiral documents and information and you assume full responsibility for authorise Mitrade to pass on/deliver all such information and documents to any Order placed with Admiral; such person; (j) you fully understand the relevant provisions of: the prohibition of false or misleading markets are not insolvent, and other market manipulation as described in Applicable Laws and section 1041A of the Corporations Act; the prohibition of xxxxxxx xxxxxxx as described in section 1043A of the Corporations Act; the prohibition of false trading and market rigging as described in sections 1041B and 1041C of the Corporations Act; the prohibition of misleading and deceptive conduct described in section 1041H of the Corporations Act; and Applicable Laws and, to the extent your investing in Admiral Products have Underlying Reference Instruments which are governed by the Corporations Act, the conditions upon which short selling is permitted on the ASX and the disclosure obligations are imposed on short sellers. You will notify Admiral if you are funding a corporate client, no resolution has been passed and no petition has been presented or order made for your account using superannuation as that may impact your classification as winding up or liquidation or the appointment of a retail receiver or wholesale client. You acknowledge a receiver and manager or an administrator or other insolvency official to us that you have received or downloaded, any of its assets; and (k) Mitrade relies on representations and read warranties made by you which survive the entering into of this Client Agreement and understood the TMD document and you agree that you are within the class repeated in respect of consumers described in our TMDeach Financial Product transaction.

Appears in 3 contracts

Samples: Client Agreement, Client Agreement, Client Agreement

Client Representations and Warranties. 10.1 You, the Client, (1) You represent and warrant to Mitrade that: (a) You understand that as at the date of these Account Terms and at all times during these Account Terms: if you are a legal entity other than a natural person, the this Client is duly organised and validly existing (or, if a natural person, you are of legal age to make binding agreements and are not under a legal disability or incapacity which would make these Account Terms unenforceable or invalid) and you have full power and authority to enter into, and has taken all necessary steps to enable it lawfully to enter into, these Account Terms and the Transactions and obligations under it; the person executing (for the Client) the application for an agreement on these Account Terms has full power and authority to execute these Account Terms on behalf of the Client, and bind the entity (whether a natural person, company, partnership or otherwise); these Account Terms Agreement constitutes a legal, valid and binding obligation contract; (b) all orders to be placed and all trading to be conducted under this Client Agreement are lawful; (c) in executing and giving effect to this Client Agreement, you do not and will not infringe any provision of the Client; if the Client is any other document or agreement to which you are a party, nor any law or judgment/order binding upon you; (d) where you are more than one person they will each be jointly (that is, together) and severally (that is, individually fully) liable under these Account Terms; if the Client is a corporation, you have been and remain duly formed under the laws of the place of its incorporation and has power and authority to deal in the Admiral Products offered by Admiral, and the person executing the Application Form on these Account Terms has full power and authority to execute (for the Client) the application for an agreement on these Account Terms; if the Client is one or more persons acting as a partnership in relation to these Account Terms, the Client and each other partner has power and authority to deal in Transactions and to be bound by these Account Terms, and the person executing the Application Form on these Account Terms has full power and authority to execute these Account Terms on behalf of all of the partners; if the Client is a Trustee, the trust deed specifically empowers and authorises dealings in the Admiral Products covered by these Account Terms, and such dealings are within the authorised ambit of the Trust’s investment strategy; if the Client is comprised of two or more persons (that is, holding a joint Account)person, that all such decisions made, and instructions issued, pursuant to these Account Terms, this Client Agreement are made on a fully informed and agreed basis by all the parties to the joint Account; a Client may be comprised of two or more persons. If the client is comprised of more than one person then the Account will be deemed to be held by the persons as joint tenants despite any actual or constructive notice to Admiral of any partnership or other agreement between the persons. The joint holding will be only be deemed not to be held as joint tenants if Admiral expressly agrees that in writing that the persons consisting the client hold the Account as tenants in common in equal shares or by a court determination of that it is not held as joint tenants; if the Client is an investment manager or a responsible entity, the investment management agreement or fund constitution specifically empowers and authorises dealings in the Admiral Products, by the Client and on behalf of their underlying clients or investors; and such dealings account; (e) you are within the authorised ambit of each underlying client’s investment strategy; it will enter into Transactions pursuant to the applicable investment management agreement as investment manager or responsible entity and not otherwise; (iii) it will only deal in Admiral Products when the funds or other assets under its control are sufficient to meet the obligations which arise in connection with such dealing; and if your appointment as investment manager or responsible entity is terminated, it is authorised to arrange for Closing Out of all Transactions entered into on behalf of the Client prior to the date of such termination as soon as possible; is not an employee or nor the close relative of an employee of any exchange participant; you have read these Account Terms and any product disclosure statement issued by Admiral in relation to the Admiral Products and Transactions relevant to the Account ; (including the disclosures of significant risks); you have considered your objectives and financial situation and you have had a reasonable opportunity to obtain appropriate independent advice prior to entering into these Account Terms, and has formed the opinion that dealing in the Admiral Products is suitable for your needs and purposes; the Client is willing and able, financially and otherwise, to assume the risk of trading in high risk investments, Transactions using Margin and all other Transactions covered by these Account Terms; f) all information supplied to Admiral Mitrade by the Client you is, or at the time it is supplied will be, accurate in all material respects and the Client you will not omit or withhold any information which would make such information inaccurate in any material respect; ; (g) you will rely upon provide to Mitrade on request such information regarding your own knowledge financial and judgment business affairs and/or identity, as Mitrade may reasonably require; (h) you and Mitrade are bound by the applicable laws, Governing Law, Companies Law, applicable Operating Rules, customs, usages and practices (as modified from time to time) of the applicable exchange and clearing houses where any dealing takes place; (i) you will seek take all reasonable steps to obtain and communicate to Mitrade all information, and shall deliver or cause to be delivered to Mitrade all documents with respect to dealings in the Financial Products which are requested by any person having the right to request such advice (financial or otherwise) as may be prudent before placing an Order with Admiral documents and information and you assume full responsibility for authorise Mitrade to pass on/deliver all such information and documents to any Order placed with Admiral; such person; (j) you fully understand the relevant provisions of: the prohibition of false or misleading markets are not insolvent, and other market manipulation as described in Applicable Laws and section 1041A of the Corporations Act; the prohibition of xxxxxxx xxxxxxx as described in section 1043A of the Corporations Act; the prohibition of false trading and market rigging as described in sections 1041B and 1041C of the Corporations Act; the prohibition of misleading and deceptive conduct described in section 1041H of the Corporations Act; and Applicable Laws and, to the extent your investing in Admiral Products have Underlying Reference Instruments which are governed by the Corporations Act, the conditions upon which short selling is permitted on the ASX and the disclosure obligations are imposed on short sellers. You will notify Admiral if you are funding a corporate client, no resolution has been passed and no petition has been presented or order made for your account using superannuation as that may impact your classification as winding up or liquidation or the appointment of a retail receiver or wholesale client. You acknowledge a receiver and manager or an administrator or other insolvency official to us that you have received or downloaded, any of its assets; and (k) Mitrade relies on representations and read warranties made by you which survive the entering into of this Client Agreement and understood the TMD document and you agree that you are within the class repeated in respect of consumers described in our TMDeach Financial Product transaction.

Appears in 3 contracts

Samples: Client Agreement, Client Agreement, Client Agreement

Client Representations and Warranties. 10.1 7.1. You, the Client, represent and warrant that as at the date of these Account Terms and at all times during these Account Terms: : (a) if you are a legal entity other than a natural person, the Client is duly organised and validly existing (or, if a natural person, you are of legal age to make binding agreements and are not under a legal disability or incapacity which would make these Account Terms unenforceable or invalid) and you have full power and authority to enter into, and has taken all necessary steps to enable it lawfully to enter into, these Account Terms and the Transactions and obligations under it; ; (b) the person executing (for the Client) the application for an agreement on these Account Terms has full power and authority to execute these Account Terms on behalf of the Client, and bind the entity (whether a natural person, company, partnership or otherwise); ; (c) these Account Terms constitutes a legal, valid and binding obligation of the Client; ; (d) if the Client is more than one person they will each be jointly (that is, together) and severally (that is, individually fully) liable under these Account Terms; ; (e) if the Client is a corporation, you have been and remain duly formed under the laws of the place of its incorporation and has power and authority to deal in the Admiral Financial Products offered by AdmiralZERO Securities Pty Ltd , and the person executing the Application Form on these Account Terms has full power and authority to execute (for the Client) the application for an agreement on these Account Terms; ; (f) if the Client is one or more persons acting as a partnership in relation to these Account Terms, the Client and each other partner has power and authority to deal in Transactions and to be bound by these Account Terms, and the person executing the Application Form on these Account Terms has full power and authority to execute these Account Terms on behalf of all of the partners; ; (g) if the Client is a Trustee, the trust deed specifically empowers and authorises dealings in the Admiral Financial Products covered by these Account Terms, and such dealings are within the authorised ambit of the Trust’s investment strategy; ; (h) if the Client is comprised of two or more persons (that is, holding a joint Account), that all such decisions made, and instructions issued, pursuant to these Account Terms, are made on a fully informed and agreed basis by all the parties to the joint Account; ; (i) a Client may be comprised of two or more persons. If the client is comprised of more than one person then the Account will be deemed to be held by the persons as joint tenants despite any actual or constructive notice to Admiral ZERO Securities Pty Ltd of any partnership or other agreement between the persons. The joint holding will be only be deemed not to be held as joint tenants if Admiral ZERO Securities Pty Ltd expressly agrees that in writing that the persons consisting the client hold the Account as tenants in common in equal shares or by a court determination of that it is not held as joint tenants; ; (j) if the Client is an investment manager or a responsible entity, the investment management agreement or fund constitution specifically empowers and authorises dealings in the Admiral Financial Products, by the Client and on behalf of their underlying clients or investors; and and i. such dealings are within the authorised ambit of each underlying client’s investment strategy; ; ii. it will enter into Transactions pursuant to the applicable investment management agreement as investment manager or responsible entity and not otherwise; (; iii) . it will only deal in Admiral Products Financial Product Transactions when the funds or other assets under its control are sufficient to meet the obligations which arise in connection with such dealing; and and iv. if your appointment as investment manager or responsible entity is terminated, it is authorised to arrange for Closing Out of all Transactions entered into on behalf of the Client prior to the date of such termination as soon as possible; ; (k) is not an employee or the close relative of an employee of any exchange participant; ; (l) you have read these Account Terms and any product disclosure statement issued by Admiral ZERO Securities Pty Ltd in relation to the Admiral Financial Products and Transactions relevant to the Account (including the disclosures of significant risks); you have , has considered your its objectives and financial situation and you have had a reasonable opportunity has been advised by ZERO Securities Pty Ltd to obtain appropriate independent advice prior to entering into these Account Terms, and has formed the opinion that dealing in the Admiral Financial Products is suitable for your needs and purposes; ; (m) the Client is willing and able, financially and otherwise, to assume the risk of trading in high risk investments, Transactions using Margin and all other Transactions covered by these Account Terms; ; (n) all information supplied to Admiral ZERO Securities Pty Ltd by the Client is, or at the time it is supplied will be, accurate in all material respects and the Client will not omit or withhold any information which would make such information inaccurate in any material respect; ; (o) you will rely upon your own knowledge and judgment and will seek such advice (financial or otherwise) as may be prudent before placing an Order with Admiral ZERO Securities Pty Ltd and you assume full responsibility for any Order placed with Admiral; ZERO Securities Pty Ltd; (p) you fully understand the relevant provisions of: : i. the prohibition of false or misleading markets and other market manipulation as described in Applicable Laws and section 1041A of the Corporations Act; ; ii. the prohibition of xxxxxxx xxxxxxx as described in section 1043A of the Corporations Act; ; iii. the prohibition of false trading and market rigging as described in sections 1041B and 1041C of the Corporations Act; ; iv. the prohibition of misleading and deceptive conduct described in section 1041H of the Corporations Act; and and v. Applicable Laws and, to the extent your investing in Admiral Products have Underlying Reference Instruments which are governed by and the Corporations Act, Act which stipulate the conditions upon which short selling is permitted on the ASX and the disclosure obligations are imposed on short sellers. You will notify Admiral if you are funding your account using superannuation as that may impact your classification as a retail or wholesale client. You acknowledge to us that you have received or downloaded, and read and understood the TMD document and you agree that you are within the class of consumers described in our TMD.

Appears in 2 contracts

Samples: Retail Client Account Terms and Conditions, Retail Client Account Terms and Conditions

Client Representations and Warranties. 10.1 You3.1 The Client warrants that in the case of an individual or more than one individual, they are of full age and capacity and in the case of affirm or corporation, it is duly constituted and incorporated and possesses the requisite power to enter into this Agreement and all contracts made or to be made, and in any case, this Agreement and such contracts are and will constitute legally binding and enforceable obligations of the Client. 3.2 If the Client enters into this Agreement in its capacity as trustee of a trust, the Client makes the following representations and undertakings: (a) the relevant trust instrument is valid and complies with all applicable laws as defined in clause 5.2 of this Agreement; (b) the Client is properly appointed as sole trustee of the trust; (c) the Client has a right of indemnity from the trust assets in respect of this Agreement and the transactions contemplated by it; (d) the Client will comply with its duties as trustee of the trust; (e) the Client will not do anything which may result in the loss of its right of indemnity from the trust assets; (f) the Client will remain sole trustee of the trust; (g) if, despite the above, the Client is replaced or joined as trustee, the Client will make sure the new trustee becomes bound to the Clients satisfaction by this Agreement and any other Agreement relating to a transaction contemplated by this Agreement to which the Client is expressed to be a party, or by a document which is identical in effect; (h) the Client will not resettle, set aside or distribute any of the assets of the trust without XX XXXXXXx written consent unless compelled to do so by the trust instrument; (i) the Client will not amend or vary the trust instrument without XX XXXXXXx written consent; and (j) If the Client is not the sole trustee of the trust it is a requirement that each and every trustee agrees in writing to be bound by the terms of this Agreement and by any transactions entered into in connection with this Agreement before XX XXXXXX will create a contract with the Client pursuant to clause 6. 3.3 The Client represents and warrants to XX XXXXXX that: (a) Execution and delivery by the Client of this Agreement, and performance of all of the Clients obligations contemplated under this Agreement, does not violate any Law applicable to the Client; (b) All information provided by the Client to XX XXXXXX is true, represent correct and warrant that complete, and the Client will notify XX XXXXXX promptly of any changes to such information; (c) All information provided by the Client to XX XXXXXX is true in all material respects as at the date of these Account Terms and at all times during these Account Terms: if you are a legal entity other than a natural person, the Client is duly organised and validly existing (this Agreement or, if a natural personlater, you are when the information is provided. Neither that information nor the Clients conduct or the conduct of legal age to make binding agreements and are not under a legal disability or incapacity which would make these Account Terms unenforceable or invalid) and you have full power and authority to enter into, and has taken all necessary steps to enable it lawfully to enter into, these Account Terms and the Transactions and obligations under it; the person executing (for the Client) the application for an agreement anyone acting on these Account Terms has full power and authority to execute these Account Terms on its behalf of the Client, and bind the entity (whether a natural person, company, partnership or otherwise); these Account Terms constitutes a legal, valid and binding obligation of the Client; if the Client is more than one person they will each be jointly (that is, together) and severally (that is, individually fully) liable under these Account Terms; if the Client is a corporation, you have been and remain duly formed under the laws of the place of its incorporation and has power and authority to deal in the Admiral Products offered by Admiral, and the person executing the Application Form on these Account Terms has full power and authority to execute (for the Client) the application for an agreement on these Account Terms; if the Client is one or more persons acting as a partnership in relation to these Account Termsthe transactions contemplated by this Agreement, was or is misleading, by omission or otherwise; (d) The Client shall make ongoing disclosure to XX XXXXXX of any matters that may affect the operation of this Agreement or of the ability of the Client to pay Margin Calls or to remain solvent. 3.4 The Client acknowledges that XX XXXXXX will enter into the transactions contemplated by this Agreement in reliance on the representations and each other partner has power and authority to deal in Transactions and to be bound warranties made by these Account Terms, and the person executing the Application Form on these Account Terms has full power and authority to execute these Account Terms on behalf of all of the partners; if the Client is a Trustee, the trust deed specifically empowers and authorises dealings in the Admiral Products covered by these Account Terms, and such dealings are within the authorised ambit of the Trust’s investment strategy; if Client. 3.5 If the Client is comprised of two or more legal persons (that is, holding then a joint Account), that all such decisions made, and instructions issued, pursuant reference to these Account Terms, are made on a fully informed and agreed basis by all the parties to the joint Account; a Client may be comprised of two right or more persons. If the client is comprised of more than one person then the Account will be deemed to be held by the persons as joint tenants despite any actual or constructive notice to Admiral of any partnership or other agreement between the persons. The joint holding will be only be deemed not to be held as joint tenants if Admiral expressly agrees that in writing that the persons consisting the client hold the Account as tenants in common in equal shares or by a court determination of that it is not held as joint tenants; if the Client is an investment manager or a responsible entity, the investment management agreement or fund constitution specifically empowers and authorises dealings in the Admiral Products, by the Client and on behalf of their underlying clients or investors; and such dealings are within the authorised ambit of each underlying client’s investment strategy; it will enter into Transactions pursuant to the applicable investment management agreement as investment manager or responsible entity and not otherwise; (iii) it will only deal in Admiral Products when the funds or other assets under its control are sufficient to meet the obligations which arise in connection with such dealing; and if your appointment as investment manager or responsible entity is terminated, it is authorised to arrange for Closing Out of all Transactions entered into on behalf obligation of the Client prior to under this Agreement or under a transaction contemplated by this Agreement confers that right or imposes that obligation, as the date of such termination as soon as possible; case may be, jointly and severally on those persons. 3.6 The Client is not a citizen of the United States. 3.7 The Client acknowledges, states, consents to and confirms that: (a) The services provided by XX XXXXXX and XX XXXXXX Website are not targeted at Hong Kong Special Administrative Region and its residents. The information and materials contained in XX XXXXXX Website is not directed at, or intended for distribution to any entities in and any residents of Hong Kong Special Administrative Region; (b) The Client is not a citizen of Hong Kong Special Administrative Region and is not in the territory of Hong Kong Special Administrative Region when the client visits XX XXXXXX Website or opens accounts; (c) XX XXXXXX and XX XXXXXX Website should not be regarded as an employee offer or the close relative solicitation of an employee of any exchange participant; you have read these Account Terms and offer to buy or sell any product disclosure statement issued by Admiral or services or any investment suggestions to The Client; AND (d) The Client has been given sufficient amount of time to read the provisions of this Agreement and the supplementary documents and may seek independent financial and legal advice in relation to the Admiral Products and Transactions relevant to the Account (including the disclosures advance of significant risks); you have considered your objectives and financial situation and you have had a reasonable opportunity to obtain appropriate independent advice prior to making decision of entering into these Account Terms, and has formed the opinion that dealing in the Admiral Products is suitable for your needs and purposes; the Client is willing and able, financially and otherwise, to assume the risk of trading in high risk investments, Transactions using Margin and all other Transactions covered by these Account Terms; all information supplied to Admiral by the Client is, or at the time it is supplied will be, accurate in all material respects and the Client will not omit or withhold any information which would make such information inaccurate in any material respect; you will rely upon your own knowledge and judgment and will seek such advice (financial or otherwise) as may be prudent before placing an Order agreements with Admiral and you assume full responsibility for any Order placed with Admiral; you fully understand the relevant provisions of: the prohibition of false or misleading markets and other market manipulation as described in Applicable Laws and section 1041A of the Corporations Act; the prohibition of xxxxxxx xxxxxxx as described in section 1043A of the Corporations Act; the prohibition of false trading and market rigging as described in sections 1041B and 1041C of the Corporations Act; the prohibition of misleading and deceptive conduct described in section 1041H of the Corporations Act; and Applicable Laws and, to the extent your investing in Admiral Products have Underlying Reference Instruments which are governed by the Corporations Act, the conditions upon which short selling is permitted on the ASX and the disclosure obligations are imposed on short sellers. You will notify Admiral if you are funding your account using superannuation as that may impact your classification as a retail or wholesale client. You acknowledge to us that you have received or downloaded, and read and understood the TMD document and you agree that you are within the class of consumers described in our TMDXX XXXXXX.

Appears in 2 contracts

Samples: Terms and Conditions, Terms and Conditions

Client Representations and Warranties. 10.1 You, the Client, (1) You represent and warrant to Mitrade that: (a) You understand that as at the date of these Account Terms and at all times during these Account Terms: if you are a legal entity other than a natural person, the this Client is duly organised and validly existing (or, if a natural person, you are of legal age to make binding agreements and are not under a legal disability or incapacity which would make these Account Terms unenforceable or invalid) and you have full power and authority to enter into, and has taken all necessary steps to enable it lawfully to enter into, these Account Terms and the Transactions and obligations under it; the person executing (for the Client) the application for an agreement on these Account Terms has full power and authority to execute these Account Terms on behalf of the Client, and bind the entity (whether a natural person, company, partnership or otherwise); these Account Terms Agreement constitutes a legal, valid and binding obligation contract; (b) all orders to be placed and all trading to be conducted under this Client Agreement are lawful; (c) in executing and giving effect to this Client Agreement, you do not and will not infringe any provision of the Client; if the Client is any other document or agreement to which you are a party, nor any law or judgment/order binding upon you; (d) where you are more than one person they will each be jointly (that is, together) and severally (that is, individually fully) liable under these Account Terms; if the Client is a corporation, you have been and remain duly formed under the laws of the place of its incorporation and has power and authority to deal in the Admiral Products offered by Admiral, and the person executing the Application Form on these Account Terms has full power and authority to execute (for the Client) the application for an agreement on these Account Terms; if the Client is one or more persons acting as a partnership in relation to these Account Terms, the Client and each other partner has power and authority to deal in Transactions and to be bound by these Account Terms, and the person executing the Application Form on these Account Terms has full power and authority to execute these Account Terms on behalf of all of the partners; if the Client is a Trustee, the trust deed specifically empowers and authorises dealings in the Admiral Products covered by these Account Terms, and such dealings are within the authorised ambit of the Trust’s investment strategy; if the Client is comprised of two or more persons (that is, holding a joint Account)person, that all such decisions made, and instructions issued, pursuant to these Account Terms, this Client Agreement are made on a fully informed and agreed basis by all the parties to the joint Account; a Client may be comprised of two or more persons. If the client is comprised of more than one person then the Account will be deemed to be held by the persons as joint tenants despite any actual or constructive notice to Admiral of any partnership or other agreement between the persons. The joint holding will be only be deemed not to be held as joint tenants if Admiral expressly agrees that in writing that the persons consisting the client hold the Account as tenants in common in equal shares or by a court determination of that it is not held as joint tenants; if the Client is an investment manager or a responsible entity, the investment management agreement or fund constitution specifically empowers and authorises dealings in the Admiral Products, by the Client and on behalf of their underlying clients or investors; and such dealings account; (e) you are within the authorised ambit of each underlying client’s investment strategy; it will enter into Transactions pursuant to the applicable investment management agreement as investment manager or responsible entity and not otherwise; (iii) it will only deal in Admiral Products when the funds or other assets under its control are sufficient to meet the obligations which arise in connection with such dealing; and if your appointment as investment manager or responsible entity is terminated, it is authorised to arrange for Closing Out of all Transactions entered into on behalf of the Client prior to the date of such termination as soon as possible; is not an employee or nor the close relative of an employee of any exchange participant; you have read these Account Terms and any product disclosure statement issued by Admiral in relation to the Admiral Products and Transactions relevant to the Account ; (including the disclosures of significant risks); you have considered your objectives and financial situation and you have had a reasonable opportunity to obtain appropriate independent advice prior to entering into these Account Terms, and has formed the opinion that dealing in the Admiral Products is suitable for your needs and purposes; the Client is willing and able, financially and otherwise, to assume the risk of trading in high risk investments, Transactions using Margin and all other Transactions covered by these Account Terms; f) all information supplied to Admiral Mitrade by the Client you is, or at the time it is supplied will be, accurate in all material respects and the Client you will not omit or withhold any information which would make such information inaccurate in any material respect; ; (g) you will rely upon provide to Mitrade on request such information regarding your own knowledge financial and judgment business affairs and/or identity, as Mitrade may reasonably require; (h) you and will seek such advice (financial or otherwise) as may be prudent before placing an Order with Admiral and you assume full responsibility for any Order placed with Admiral; you fully understand the relevant provisions of: the prohibition of false or misleading markets and other market manipulation as described in Applicable Laws and section 1041A of the Corporations Act; the prohibition of xxxxxxx xxxxxxx as described in section 1043A of the Corporations Act; the prohibition of false trading and market rigging as described in sections 1041B and 1041C of the Corporations Act; the prohibition of misleading and deceptive conduct described in section 1041H of the Corporations Act; and Applicable Laws and, to the extent your investing in Admiral Products have Underlying Reference Instruments which Mitrade are governed bound by the applicable Financial Product laws, Governing Law, Corporations Act, applicable Operating Rules, customs, usages and practices (as modified from time to time) of the conditions upon applicable exchange and clearing houses where any dealing takes place; (i) you will take all reasonable steps to obtain and communicate to Mitrade all information, and shall deliver or cause to be delivered to Mitrade all documents with respect to dealings in the Financial Products which short selling is permitted on are requested by any person having the ASX right to request such documents and the disclosure obligations information and you authorise Mitrade to pass on/deliver all such information and documents to any such person; (j) you are imposed on short sellers. You will notify Admiral not insolvent, and if you are funding a corporate client, no resolution has been passed and no petition has been presented or order made for your account using superannuation as that may impact your classification as winding up or liquidation or the appointment of a retail receiver or wholesale client. You acknowledge a receiver and manager or an administrator or other insolvency official to us that you have received or downloaded, any of its assets; and (k) Mitrade relies on representations and read warranties made by you which survive the entering into of this Client Agreement and understood the TMD document and you agree that you are within the class repeated in respect of consumers described in our TMDeach Financial Product transaction.

Appears in 2 contracts

Samples: Client Agreement, Client Agreement

Client Representations and Warranties. 10.1 You, the Client, represent and warrant that as at the date of these Account Terms and at all times during these Account Terms: if you are a legal entity other than a natural person, the Client is duly organised and validly existing (or, if a natural person, you are of legal age to make binding agreements and are not under a legal disability or incapacity which would make these Account Terms unenforceable or invalid) and you have full power and authority to enter into, and has taken all necessary steps to enable it lawfully to enter into, these Account Terms and the Transactions and obligations under it; the person executing (for the Client) the application for an agreement on these Account Terms has full power and authority to execute these Account Terms on behalf of the Client, and bind the entity (whether a natural person, company, partnership or otherwise); these Account Terms constitutes a legal, valid and binding obligation of the Client; if the Client is more than one person they will each be jointly (that is, together) and severally (that is, individually fully) liable under these Account Terms; if the Client is a corporation, you have been and remain duly formed under the laws of the place of its incorporation and has power and authority to deal in the Admiral Products offered by Admiral, and the person executing the Application Form on these Account Terms has full power and authority to execute (for the Client) the application for an agreement on these Account Terms; if the Client is one or more persons acting as a partnership in relation to these Account Terms, the Client and each other partner has power and authority to deal in Transactions and to be bound by these Account Terms, and the person executing the Application Form on these Account Terms has full power and authority to execute these Account Terms on behalf of all of the partners; if the Client is a Trustee, the trust deed specifically empowers and authorises dealings in the Admiral Products covered by these Account Terms, and such dealings are within the authorised ambit of the Trust’s investment strategy; if the Client is comprised of two or more persons (that is, holding a joint Account), that all such decisions made, and instructions issued, pursuant to these Account Terms, are made on a fully informed and agreed basis by all the parties to the joint Account; a Client may be comprised of two or more persons. If the client is comprised of more than one person then the Account will be deemed to be held by the persons as joint tenants despite any actual or constructive notice to Admiral of any partnership or other agreement between the persons. The joint holding will be only be deemed not to be held as joint tenants if Admiral expressly agrees that in writing that the persons consisting the client hold the Account as tenants in common in equal shares or by a court determination of that it is not held as joint tenants; if the Client is an investment manager or a responsible entity, the investment management agreement or fund constitution specifically empowers and authorises dealings in the Admiral Products, by the Client and on behalf of their underlying clients or investors; and such dealings are within the authorised ambit of each underlying client’s investment strategy; it will enter into Transactions pursuant to the applicable investment management agreement as investment manager or responsible entity and not otherwise; (iii) it will only deal in Admiral Products when the funds or other assets under its control are sufficient to meet the obligations which arise in connection with such dealing; and if your appointment as investment manager or responsible entity is terminated, it is authorised to arrange for Closing Out of all Transactions entered into on behalf of the Client prior to the date of such termination as soon as possible; is not an employee or the close relative of an employee of any exchange participant; you have read these Account Terms and any product disclosure statement issued by Admiral in relation to the Admiral Products and Transactions relevant to the Account (including the disclosures of significant risks); you have considered your objectives and financial situation and you have had a reasonable opportunity to obtain appropriate independent advice prior to entering into these Account Terms, and has formed the opinion that dealing in the Admiral Products is suitable for your needs and purposes; the Client is willing and able, financially and otherwise, to assume the risk of trading in high risk investments, Transactions using Margin and all other Transactions covered by these Account Terms; all information supplied to Admiral by the Client is, or at the time it is supplied will be, accurate in all material respects and the Client will not omit or withhold any information which would make such information inaccurate in any material respect; you will rely upon your own knowledge and judgment and will seek such advice (financial or otherwise) as may be prudent before placing an Order with Admiral and you assume full responsibility for any Order placed with Admiral; you will not rely on the Negative Account Balance Policy as any form of guarantee on your account and understand and acknowledge that whether relief is granted to your account under the Negative Account Balance Policy is solely at the discretion of Admiral, who may refuse relief based on reasons including but not limited to conduct aimed at abusing or exploiting the Negative Account Balance Policy; you fully understand the relevant provisions of: the prohibition of false or misleading markets and other market manipulation as described in Applicable Laws and section 1041A of the Corporations Act; the prohibition of xxxxxxx xxxxxxx as described in section 1043A of the Corporations Act; the prohibition of false trading and market rigging as described in sections 1041B and 1041C of the Corporations Act; the prohibition of misleading and deceptive conduct described in section 1041H of the Corporations Act; and Applicable Laws and, to the extent your investing in Admiral Products have Underlying Reference Instruments which are governed by the Corporations Act, the conditions upon which short selling is permitted on the ASX and the disclosure obligations are imposed on short sellers. You will notify Admiral if you are funding your account using superannuation as that may impact your classification as a retail or wholesale client. You acknowledge to us that you have received or downloaded, and read and understood the TMD document and you agree that you are within the class of consumers described in our TMD.

Appears in 2 contracts

Samples: Account Terms, Account Terms

Client Representations and Warranties. 10.1 15.1 You, whether you are acting as principal or as agent (disclosed or otherwise), warrant and represent, having made all due and careful enquiry (in each case to the Clientextent necessary), represent and warrant that as at on the date of these Account Terms this Agreement and as of every transaction carried out hereunder: (a) you and in addition, if you are acting as agent, your principal ("you"): (i) have all necessary authority, consents and powers in your constitution and authorities to enter into this Agreement (including, where you act as agent on behalf of a principal, that your principal has all such consents, powers and authorities); (ii) are under no legal disability with respect to, and (iii) are not subject to any law or regulation which prevents your/its performance of this Agreement; (b) no Event of Default or any event which is likely to become an Event of Default has occurred or is continuing with respect to you; (c) all information provided by you to us is complete, accurate and not misleading, and that you will promptly notify us in the event of any change to that information or your circumstances; (d) except where otherwise agreed, you are the sole beneficial owner of all margin you transfer under this Agreement; (e) you are willing and financially able to: (i) meet all obligations and liabilities that may arise under this Agreement (including settlement obligations); and (ii) sustain a total loss of funds resulting from transactions and trades carried out in relation to this Agreement; (f) whether acting as principal or on behalf of another, that you believe, having made due and careful enquiry in each particular case, that you will be able to settle or arrange settlement of the transaction on the due date, whether settlement entails payment of cash or delivery of title to securities; (g) you are, and will be at all times during these Account Terms: in the future, in compliance with all Applicable Law to which you are subject, including, without limitation, tax laws and regulations, and exchange control requirements and registration requirements; (h) you have undertaken, or will undertake, to provide to us satisfactory evidence of identity, both of yourself and of any underlying clients for whom you act as agent, within a reasonable time period and immediately to notify us of any material changes and if you are a legal entity other than a natural personfail to do so, we reserve the Client is duly organised and validly existing right to cease to deal with you; (ori) evidence of the identification of any underlying client(s), and, if a natural personapplicable, their beneficial ownership, has been or will have been obtained and recorded under proper procedures maintained by you in accordance with Applicable Law. If you are unable at any time to provide us with such assurance, you undertake immediately to notify us, and we reserve the right to cease to deal with you; (j) your investments and other property to which this Agreement applies are at all times free from any charge, lien, pledge or encumbrance and, unless you or your principal is a trustee, shall be beneficially owned by you as appropriate; and (k) you are now and will be at all times in the future in compliance with all Applicable Law applicable to you concerning the detection of legal age to make binding agreements financial crime, prevention of terrorism and are not under a legal disability or incapacity which would make these Account Terms unenforceable or invalid) anti-money laundering and you have full power acknowledge that any transaction dealt with by us on your instructions will be covered by statutory and authority other requirements relating to enter into, money laundering and has taken all necessary steps to enable it lawfully to enter into, these Account Terms and the Transactions and obligations under it; the person executing (for the Client) the application for an agreement on these Account Terms has full power and authority to execute these Account Terms on behalf of the Client, and bind the entity (whether a natural person, company, partnership or otherwise); these Account Terms constitutes a legal, valid and binding obligation of the Client; if the Client is more than one person they will each be jointly (that is, together) and severally (that is, individually fully) liable under these Account Terms; if the Client is a corporationcombating terrorist financing. 15.2 Further, you have been and remain duly formed under the laws of the place of its incorporation and has power and authority to deal in the Admiral Products offered by Admiral, and the person executing the Application Form on these Account Terms has full power and authority to execute (for the Client) the application for an agreement on these Account Terms; if the Client is one or more persons acting as a partnership in relation to these Account Terms, the Client and each other partner has power and authority to deal in Transactions and to be bound by these Account Terms, and the person executing the Application Form on these Account Terms has full power and authority to execute these Account Terms on behalf of all of the partners; if the Client is a Trustee, the trust deed specifically empowers and authorises dealings in the Admiral Products covered by these Account Terms, and such dealings are within the authorised ambit of the Trust’s investment strategy; if the Client is comprised of two or more persons (that is, holding a joint Account), that all such decisions made, and instructions issued, pursuant to these Account Terms, are made on a fully informed and agreed basis by all the parties to the joint Account; a Client may be comprised of two or more persons. If the client is comprised of more than one person then the Account will be deemed to be held by the persons as joint tenants despite any actual or constructive notice to Admiral of any partnership or other agreement between the persons. The joint holding will be only be deemed not to be held as joint tenants if Admiral expressly agrees that in writing that the persons consisting the client hold the Account as tenants in common in equal shares or by a court determination of that it is not held as joint tenants; if the Client is an investment manager or a responsible entity, the investment management agreement or fund constitution specifically empowers and authorises dealings in the Admiral Products, by the Client and on behalf of their underlying clients or investors; and such dealings are within the authorised ambit of each underlying client’s investment strategy; it will enter into Transactions pursuant to the applicable investment management agreement as investment manager or responsible entity and not otherwise; (iii) it will only deal in Admiral Products when the funds or other assets under its control are sufficient to meet the obligations which arise in connection with such dealing; and if your appointment as investment manager or responsible entity is terminated, it is authorised to arrange for Closing Out of all Transactions entered into on behalf of the Client prior to the date of such termination as soon as possible; is not an employee or the close relative of an employee of any exchange participant; you have read these Account Terms and any product disclosure statement issued by Admiral in relation to the Admiral Products and Transactions relevant to the Account (including the disclosures of significant risks); you have considered your objectives and financial situation and you have had a reasonable opportunity to obtain appropriate independent advice prior to entering into these Account Terms, and has formed the opinion that dealing in the Admiral Products is suitable for your needs and purposes; the Client is willing and able, financially and otherwise, to assume the risk of trading in high risk investments, Transactions using Margin and all other Transactions covered by these Account Terms; all information supplied to Admiral by the Client is, or at the time it is supplied will be, accurate in all material respects and the Client will not omit or withhold any information which would make such information inaccurate in any material respect; you will rely upon your own knowledge and judgment and will seek such advice (financial or otherwise) as may be prudent before placing an Order with Admiral and you assume full responsibility for any Order placed with Admiral; you fully understand the relevant provisions of: the prohibition of false or misleading markets and other market manipulation as described in Applicable Laws and section 1041A of the Corporations Act; the prohibition of xxxxxxx xxxxxxx as described in section 1043A of the Corporations Act; the prohibition of false trading and market rigging as described in sections 1041B and 1041C of the Corporations Act; the prohibition of misleading and deceptive conduct described in section 1041H of the Corporations Act; and Applicable Laws and, to the extent your investing in Admiral Products have Underlying Reference Instruments which are governed by the Corporations Act, the conditions upon which short selling is permitted on the ASX and the disclosure obligations are imposed on short sellers. You will notify Admiral if you are funding your account using superannuation as that may impact your classification as a retail or wholesale client. You acknowledge covenant to us that you will: (a) take all reasonable steps to comply with all Applicable Law in relation to this Agreement; (b) whenever you act as disclosed agent for another, in doing so, have received express authority to instruct us under the terms of this Agreement; (c) upon demand, provide us with such information, including financial information, as we may, at our discretion, reasonably require to comply with any Applicable Law; and (d) promptly notify us of the occurrence of any Event of Default or downloaded, and read and understood the TMD document and you agree that you are within the class potential Event of consumers described in our TMDDefault.

Appears in 2 contracts

Samples: Retail Client Agreement, Professional Client Agreement

Client Representations and Warranties. 10.1 7.1. You, the Client, represent and warrant that as at the date of these Account Terms and at all times during these Account Terms: : (a) if you are a legal entity other than a natural person, the Client is duly organised and validly existing (or, if a natural person, you are of legal age to make binding agreements and are not under a legal disability or incapacity which would make these Account Terms unenforceable or invalid) and you have full power and authority to enter into, and has taken all necessary steps to enable it lawfully to enter into, these Account Terms and the Transactions and obligations under it; ; (b) the person executing (for the Client) the application for an agreement on these Account Terms has full power and authority to execute these Account Terms on behalf of the Client, and bind the entity (whether a natural person, company, partnership or otherwise); ; (c) these Account Terms constitutes a legal, valid and binding obligation of the Client; ; (d) if the Client is more than one person they will each be jointly (that is, together) and severally (that is, individually fully) liable under these Account Terms; ; (e) if the Client is a corporation, you have been and remain duly formed under the laws of the place of its incorporation and has power and authority to deal in the Admiral Financial Products offered by AdmiralFP Markets, and the person executing the Application Form on these Account Terms has full power and authority to execute (for the Client) the application for an agreement on these Account Terms; ; (f) if the Client is one or more persons acting as a partnership in relation to these Account Terms, the Client and each other partner has power and authority to deal in Transactions and to be bound by these Account Terms, and the person executing the Application Form on these Account Terms has full power and authority to execute these Account Terms on behalf of all of the partners; ; (g) if the Client is a Trustee, the trust deed specifically empowers and authorises dealings in the Admiral Financial Products covered by these Account Terms, and such dealings are within the authorised ambit of the Trust’s investment strategy; ; (h) if the Client is comprised of two or more persons (that is, holding a joint Account), that all such decisions made, and instructions issued, pursuant to these Account Terms, are made on a fully informed and agreed basis by all the parties to the joint Account; ; (i) a Client may be comprised of two or more persons. If the client is comprised of more than one person then the Account will be deemed to be held by the persons as joint tenants despite any actual or constructive notice to Admiral FP Markets of any partnership or other agreement between the persons. The joint holding will be only be deemed not to be held as joint tenants if Admiral FP Markets expressly agrees that in writing that the persons consisting the client hold the Account as tenants in common in equal shares or by a court determination of that it is not held as joint tenants; ; (j) if the Client is an investment manager or a responsible entity, the investment management agreement or fund constitution specifically empowers and authorises dealings in the Admiral Financial Products, by the Client and on behalf of their underlying clients or investors; and and i. such dealings are within the authorised ambit of each underlying client’s investment strategy; ; ii. it will enter into Transactions pursuant to the applicable investment management agreement as investment manager or responsible entity and not otherwise; (; iii) . it will only deal in Admiral Products Financial Product Transactions when the funds or other assets under its control are sufficient to meet the obligations which arise in connection with such dealing; and and iv. if your appointment as investment manager or responsible entity is terminated, it is authorised to arrange for Closing Out of all Transactions entered into on behalf of the Client prior to the date of such termination as soon as possible; ; (k) is not an employee or the close relative of an employee of any exchange participant; ; (l) you have read these Account Terms and any product disclosure statement issued by Admiral FP Markets in relation to the Admiral Financial Products and Transactions relevant to the Account (including the disclosures of significant risks); you have , has considered your its objectives and financial situation and you have had a reasonable opportunity has been advised by FP Markets to obtain appropriate independent advice prior to entering into these Account Terms, and has formed the opinion that dealing in the Admiral Financial Products is suitable for your needs and purposes; ; (m) the Client is willing and able, financially and otherwise, to assume the risk of trading in high risk investments, Transactions using Margin and all other Transactions covered by these Account Terms; ; (n) all information supplied to Admiral FP Markets by the Client is, or at the time it is supplied will be, accurate in all material respects and the Client will not omit or withhold any information which would make such information inaccurate in any material respect; ; (o) you will rely upon your own knowledge and judgment and will seek such advice (financial or otherwise) as may be prudent before placing an Order with Admiral FP Markets and you assume full responsibility for any Order placed with Admiral; FP Markets; (p) you fully understand the relevant provisions of: : i. the prohibition of false or misleading markets and other market manipulation as described in Applicable Laws and section 1041A of the Corporations Act; ; ii. the prohibition of xxxxxxx xxxxxxx as described in section 1043A of the Corporations Act; ; iii. the prohibition of false trading and market rigging as described in sections 1041B and 1041C of the Corporations Act; ; iv. the prohibition of misleading and deceptive conduct described in section 1041H section1041H of the Corporations Act; and and v. Applicable Laws and, to the extent your investing in Admiral Products have Underlying Reference Instruments which are governed by and the Corporations Act, Act which stipulate the conditions upon which short selling is permitted on the ASX and the disclosure obligations are imposed on short sellers. You will notify Admiral if you are funding your account using superannuation as that may impact your classification as a retail or wholesale client. You acknowledge to us that you have received or downloaded, and read and understood the TMD document and you agree that you are within the class of consumers described in our TMD.

Appears in 1 contract

Samples: Retail Client Account Terms

Client Representations and Warranties. 10.1 You, the Client, represent and warrant that as at the date of these Account Terms and at all times during these Account Terms: if you are a legal entity other than a natural person, the Client is duly organised and validly existing (or, if a natural person, you are of legal age to make binding agreements and are not under a legal disability or incapacity which would make these Account Terms unenforceable or invalid) and you have full power and authority to enter into, and has taken all necessary steps to enable it lawfully to enter into, these Account Terms and the Transactions and obligations under it; the person executing (for the Client) the application for an agreement on these Account Terms has full power and authority to execute these Account Terms on behalf of the Client, and bind the entity (whether a natural person, company, partnership or otherwise); these Account Terms constitutes a legal, valid and binding obligation of the Client; if the Client is more than one person they will each be jointly (that is, together) and severally (that is, individually fully) liable under these Account Terms; if the Client is a corporation, you have been and remain duly formed under the laws of the place of its incorporation and has power and authority to deal in the Admiral Products offered by Admiral, and the person executing the Application Form on these Account Terms has full power and authority to execute (for the Client) the application for an agreement on these Account Terms; if the Client is one or more persons acting as a partnership in relation to these Account Terms, the Client and each other partner has power and authority to deal in Transactions and to be bound by these Account Terms, and the person executing the Application Form on these Account Terms has full power and authority to execute these Account Terms on behalf of all of the partners; if the Client is a Trustee, the trust deed specifically empowers and authorises dealings in the Admiral Products covered by these Account Terms, and such dealings are within the authorised ambit of the Trust’s investment strategy; if the Client is comprised of two or more persons (that is, holding a joint Account), that all such decisions made, and instructions issued, pursuant to these Account Terms, are made on a fully informed and agreed basis by all the parties to the joint Account; a Client may be comprised of two or more persons. If the client is comprised of more than one person then the Account will be deemed to be held by the persons as joint tenants despite any actual or constructive notice to Admiral of any partnership or other agreement between the persons. The joint holding will be only be deemed not to be held as joint tenants if Admiral expressly agrees that in writing that the persons consisting the client hold the Account as tenants in common in equal shares or by a court determination of that it is not held as joint tenants; if the Client is an investment manager or a responsible entity, the investment management agreement or fund constitution specifically empowers and authorises dealings in the Admiral Products, by the Client and on behalf of their underlying clients or investors; and such dealings are within the authorised ambit of each underlying client’s investment strategy; it will enter into Transactions pursuant to the applicable investment management agreement as investment manager or responsible entity and not otherwise; (iii) it will only deal in Admiral Products when the funds or other assets under its control are sufficient to meet the obligations which arise in connection with such dealing; and if your appointment as investment manager or responsible entity is terminated, it is authorised to arrange for Closing Out of all Transactions entered into on behalf of the Client prior to the date of such termination as soon as possible; is not an employee or the close relative of an employee of any exchange participant; you have read these Account Terms and any product disclosure statement issued by Admiral in relation to the Admiral Products and Transactions relevant to the Account (including the disclosures of significant risks); you have considered your objectives and financial situation and you have had a reasonable opportunity to obtain appropriate independent advice prior to entering into these Account Terms, and has formed the opinion that dealing in the Admiral Products is suitable for your needs and purposes; the Client is willing and able, financially and otherwise, to assume the risk of trading in high risk investments, Transactions using Margin and all other Transactions covered by these Account Terms; all information supplied to Admiral by the Client is, or at the time it is supplied will be, accurate in all material respects and the Client will not omit or withhold any information which would make such information inaccurate in any material respect; you will rely upon your own knowledge and judgment and will seek such advice (financial or otherwise) as may be prudent before placing an Order with Admiral and you assume full responsibility for any Order placed with Admiral; you fully understand the relevant provisions of: the prohibition of false or misleading markets and other market manipulation as described in Applicable Laws and section 1041A of the Corporations Act; the prohibition of xxxxxxx xxxxxxx as described in section 1043A of the Corporations Act; the prohibition of false trading and market rigging as described in sections 1041B and 1041C of the Corporations Act; the prohibition of misleading and deceptive conduct described in section 1041H of the Corporations Act; and Applicable Laws and, to the extent your investing in Admiral Products have Underlying Reference Instruments which are governed by the Corporations Act, the conditions upon which short selling is permitted on the ASX and the disclosure obligations are imposed on short sellers. You will notify Admiral if you are funding your account using superannuation as that may impact your classification as a retail or wholesale client. You acknowledge to us that you have received or downloaded, and read and understood the TMD document and you agree that you are within the class of consumers described in our TMD.

Appears in 1 contract

Samples: Account Terms

Client Representations and Warranties. 10.1 You, the Client, represent and warrant that as at the date of these Account Terms and at all times during these Account Terms: : (a) if you are a legal entity other than a natural person, the Client is duly organised and validly existing (or, if a natural person, you are of legal age to make binding agreements and are not under a legal disability or incapacity which would make these Account Terms unenforceable or invalid) and you have full power and authority to enter into, and has taken all necessary steps to enable it lawfully to enter into, these Account Terms and the Transactions and obligations under it; ; (b) (b) the person executing (for the Client) the application for an agreement on these Account Terms has full power and authority to execute these Account Terms on behalf of the Client, and bind the entity (whether a natural person, company, partnership or otherwise); ; (c) (c) these Account Terms constitutes a legal, valid and binding obligation of the Client; ; (d) if the Client is more than one person they will each be jointly (that is, together) and severally (that is, individually fully) liable under these Account Terms; ; (e) if the Client is a corporation, you have been and remain duly formed under the laws of the place of its incorporation and has power and authority to deal in the Admiral Products offered by Admiral, and the person executing the Application Form on these Account Terms has full power and authority to execute (for the Client) the application for an agreement on these Account Terms; ; (f) if the Client is one or more persons acting as a partnership in relation to these Account Terms, the Client and each other partner has power and authority to deal in Transactions and to be bound by these Account Terms, and the person executing the Application Form on these Account Terms has full power and authority to execute these Account Terms on behalf of all of the partners; ; (g) if the Client is a Trustee, the trust deed specifically empowers and authorises dealings in the Admiral Products covered by these Account Terms, and such dealings are within the authorised ambit of the Trust’s investment strategy; ; (h) if the Client is comprised of two or more persons (that is, holding a joint Account), that all such decisions made, and instructions issued, pursuant to these Account Terms, are made on a fully informed and agreed basis by all the parties to the joint Account; ; (i) a Client may be comprised of two or more persons. If the client is comprised of more than one person then the Account will be deemed to be held by the persons as joint tenants despite any actual or constructive notice to Admiral of any partnership or other agreement between the persons. The joint holding will be only be deemed not to be held as joint tenants if Admiral expressly agrees that in writing that the persons consisting the client hold the Account as tenants in common in equal shares or by a court determination of that it is not held as joint tenants; ; (j) if the Client is an investment manager or a responsible entity, the investment management agreement or fund constitution specifically empowers and authorises dealings in the Admiral Products, by the Client and on behalf of their underlying clients or investors; and and (i) such dealings are within the authorised ambit of each underlying client’s investment strategy; ; (ii) it will enter into Transactions pursuant to the applicable investment management agreement as investment manager or responsible entity and not otherwise; (iii) it will only deal in Admiral Products when the funds or other assets under its control are sufficient to meet the obligations which arise in connection with such dealing; and and (iii) (iv) if your appointment as investment manager or responsible entity is terminated, it is authorised to arrange for Closing Out of all Transactions entered into on behalf of the Client prior to the date of such termination as soon as possible; ; (iv) (k) is not an employee or the close relative of an employee of any exchange participant; ; (k) you have read these Account Terms and any product disclosure statement issued by Admiral in relation to the Admiral Products and Transactions relevant to the Account (including the disclosures of significant risks); ; (l) you have considered your objectives and financial situation and you have had a reasonable opportunity to obtain appropriate independent advice prior to entering into these Account Terms, and has formed the opinion that dealing in the Admiral Products is suitable for your needs and purposes; ; (m) the Client is willing and able, financially and otherwise, to assume the risk of trading in high risk investments, Transactions using Margin and all other Transactions covered by these Account Terms; ; (n) all information supplied to Admiral by the Client is, or at the time it is supplied will be, accurate in all material respects and the Client will not omit or withhold any information which would make such information inaccurate in any material respect; ; (o) you will rely upon your own knowledge and judgment and will seek such advice (financial or otherwise) as may be prudent before placing an Order with Admiral and you assume full responsibility for any Order placed with Admiral; you fully understand the relevant provisions of: the prohibition of false or misleading markets and other market manipulation as described in Applicable Laws and section 1041A of the Corporations Act; the prohibition of xxxxxxx xxxxxxx as described in section 1043A of the Corporations Act; the prohibition of false trading and market rigging as described in sections 1041B and 1041C of the Corporations Act; the prohibition of misleading and deceptive conduct described in section 1041H of the Corporations Act; and Applicable Laws and, to the extent your investing in Admiral Products have Underlying Reference Instruments which are governed by the Corporations Act, the conditions upon which short selling is permitted on the ASX and the disclosure obligations are imposed on short sellers. You will notify Admiral if you are funding your account using superannuation as that may impact your classification as a retail or wholesale client. You acknowledge to us that you have received or downloaded, and read and understood the TMD document and you agree that you are within the class of consumers described in our TMD.;

Appears in 1 contract

Samples: Account Terms

Client Representations and Warranties. 10.1 You3.1 If Neuko provides General Advice to the Client then the Client acknowledges that the advice is general in nature and does not consider the personal objectives, circumstances or needs of the Client. The Client must consider its own objectives, circumstances or needs, as well as the relevant PDS, before making a decision to use Xxxxx’s services. 3.2 If the Client does not fully understand the risks associated with Xxxxx’s services, then they should not use Neuko’s services. 3.3 The Client warrants that in the case of: (a) an individual or more than one individual, they are of full age and capacity; and (b) a firm or corporation, it is duly constituted and incorporated and possesses the requisite power to enter into this Agreement, and all contracts made or to be made, and in any case, this Agreement and such contracts are and will constitute legally binding and enforceable obligations of the Client. 3.4 If the Client enters into this Agreement in its capacity as trustee of a trust, the Client makes the following representations and undertakings: (a) the relevant trust instrument is valid and complies with all laws which apply to the Client; (b) the Client is properly appointed as trustee of the trust; (c) the Client has a right of indemnity from the trust assets in respect of this Agreement and the transactions contemplated by it; (d) the Client will comply with its duties as trustee of the trust; (e) the Client will not do anything which may result in the loss of its right of indemnity from the trust assets; (f) if the Client is replaced or joined as trustee, represent the Client will make sure the new trustee becomes bound to Neuko’s satisfaction by this Agreement and warrant any other Agreement relating to a transaction contemplated by this Agreement to which the Client is expressed to be a party, or by a document which is identical in effect; (g) the Client will not resettle, set aside or distribute any of the assets of the trust without A Xxxxx’s written consent unless compelled to do so by the trust instrument; (h) the Client will not amend or vary the trust instrument without Xxxxx’s written consent; and (i) if the Client is not the sole trustee of the trust it is a requirement that each and every trustee agrees in writing to be bound by the terms of this Agreement and by any transactions entered into in connection with this Agreement. 3.5 The Client represents and warrants to Neuko that: (a) Execution and delivery by the Client of this Agreement, and performance of all of the Client’s obligations contemplated under this Agreement, does not violate any law applicable to the Client. (b) All information provided by the Client to Neuko is true, correct and complete, and the Client will notify Neuko promptly of any changes to such information. (c) All information provided by the Client to Neuko is true in all material respects as at the date of these Account Terms and at all times during these Account Terms: if you are a legal entity other than a natural person, the Client is duly organised and validly existing (this Agreement or, if a natural personlater, you are of legal age to make binding agreements and are not under a legal disability or incapacity which would make these Account Terms unenforceable or invalid) and you have full power and authority to enter into, and has taken all necessary steps to enable it lawfully to enter into, these Account Terms and when the Transactions and obligations under it; the person executing (for information is provided. Neither that information nor the Client) the application for an agreement on these Account Terms has full power and authority to execute these Account Terms on behalf of the Client, and bind the entity (whether a natural person, company, partnership or otherwise); these Account Terms constitutes a legal, valid and binding obligation of the Client; if the Client is more than one person they will each be jointly (that is, together) and severally (that is, individually fully) liable under these Account Terms; if the Client is a corporation, you have been and remain duly formed under the laws of the place of its incorporation and has power and authority to deal in the Admiral Products offered by Admiral, and the person executing the Application Form on these Account Terms has full power and authority to execute (for the Client) the application for an agreement on these Account Terms; if the Client is one or more persons acting as a partnership in relation to these Account Terms, the Client and each other partner has power and authority to deal in Transactions and to be bound by these Account Terms, and the person executing the Application Form on these Account Terms has full power and authority to execute these Account Terms on behalf of all of the partners; if the Client is a Trustee, the trust deed specifically empowers and authorises dealings in the Admiral Products covered by these Account Terms, and such dealings are within the authorised ambit of the Trust’s investment strategy; if the Client is comprised of two or more persons (that is, holding a joint Account), that all such decisions made, and instructions issued, pursuant to these Account Terms, are made on a fully informed and agreed basis by all the parties to the joint Account; a Client may be comprised of two or more persons. If the client is comprised of more than one person then the Account will be deemed to be held by the persons as joint tenants despite any actual or constructive notice to Admiral of any partnership or other agreement between the persons. The joint holding will be only be deemed not to be held as joint tenants if Admiral expressly agrees that in writing that the persons consisting the client hold the Account as tenants in common in equal shares or by a court determination of that it is not held as joint tenants; if the Client is an investment manager or a responsible entity, the investment management agreement or fund constitution specifically empowers and authorises dealings in the Admiral Products, by the Client and on behalf of their underlying clients or investors; and such dealings are within the authorised ambit of each underlying client’s investment strategy; it will enter into Transactions pursuant to the applicable investment management agreement as investment manager or responsible entity and not otherwise; (iii) it will only deal in Admiral Products when the funds or other assets under its control are sufficient to meet the obligations which arise in connection with such dealing; and if your appointment as investment manager or responsible entity is terminated, it is authorised to arrange for Closing Out of all Transactions entered into on behalf of the Client prior to the date of such termination as soon as possible; is not an employee 's conduct or the close relative conduct of an employee of any exchange participant; you have read these Account Terms and any product disclosure statement issued by Admiral anyone acting on its behalf in relation to the Admiral Products and Transactions relevant transactions contemplated by this Agreement, was or is misleading, by omission or otherwise. (d) The Client shall make ongoing disclosure to Neuko of any matters that may affect the Account (including operation of this Agreement or of the disclosures ability of significant risks); you have considered your objectives and financial situation and you have had a reasonable opportunity to obtain appropriate independent advice prior to entering into these Account Terms, and has formed the opinion that dealing in the Admiral Products is suitable for your needs and purposes; the Client is willing to pay Margin Calls or to remain solvent. 3.6 The Client acknowledges that Xxxxx will enter into the transactions contemplated by this Agreement in reliance on the representations and able, financially and otherwise, to assume the risk of trading in high risk investments, Transactions using Margin and all other Transactions covered by these Account Terms; all information supplied to Admiral warranties made by the Client is, or at the time it is supplied will be, accurate in all material respects and the Client will not omit or withhold any information which would make such information inaccurate in any material respect; you will rely upon your own knowledge and judgment and will seek such advice (financial or otherwise) as may be prudent before placing an Order with Admiral and you assume full responsibility for any Order placed with Admiral; you fully understand the relevant provisions of: the prohibition of false or misleading markets and other market manipulation as described in Applicable Laws and section 1041A of the Corporations Act; the prohibition of xxxxxxx xxxxxxx as described in section 1043A of the Corporations Act; the prohibition of false trading and market rigging as described in sections 1041B and 1041C of the Corporations Act; the prohibition of misleading and deceptive conduct described in section 1041H of the Corporations Act; and Applicable Laws and, to the extent your investing in Admiral Products have Underlying Reference Instruments which are governed by the Corporations Act, the conditions upon which short selling is permitted on the ASX and the disclosure obligations are imposed on short sellers. You will notify Admiral if you are funding your account using superannuation as that may impact your classification as a retail or wholesale client. You acknowledge to us that you have received or downloaded, and read and understood the TMD document and you agree that you are within the class of consumers described in our TMDClient.

Appears in 1 contract

Samples: Terms and Conditions

Client Representations and Warranties. 10.1 You3.1 If AETOS provides General Advice to the Client then the Client acknowledges that the advice is general in nature and does not consider the personal objectives, circumstances or needs of the Client. The Client must consider its own objectives, circumstances or needs, as well as the relevant PDS, before making a decision to use AETOS’s services. 3.2 If the Client does not fully understand the risks associated with AETOS’s services, then they should not use AETOS’s services. 3.3 The Client warrants that in the case of: (a) an individual or more than one individual, they are of full age and capacity; and (b) a firm or corporation, it is duly constituted and incorporated and possesses the requisite power to enter into this Agreement, and all contracts made or to be made, and in any case, this Agreement and such contracts are and will constitute legally binding and enforceable obligations of the Client. 3.4 If the Client enters into this Agreement in its capacity as trustee of a trust, the Client makes the following representations and undertakings: (a) the relevant trust instrument is valid and complies with all laws which apply to the Client; (b) the Client is properly appointed as trustee of the trust; (c) the Client has a right of indemnity from the trust assets in respect of this Agreement and the transactions contemplated by it; (d) the Client will comply with its duties as trustee of the trust; (e) the Client will not do anything which may result in the loss of its right of indemnity from the trust assets; (f) if the Client is replaced or joined as trustee, represent the Client will make sure the new trustee becomes bound to AETOS’s satisfaction by this Agreement and warrant any other Agreement relating to a transaction contemplated by this Agreement to which the Client is expressed to be a party, or by a document which is identical in effect; (g) the Client will not resettle, set aside or distribute any of the assets of the trust without AETOS’s written consent unless compelled to do so by the trust instrument; (h) the Client will not amend or vary the trust instrument without AETOS’s written consent; and (i) if the Client is not the sole trustee of the trust it is a requirement that each and every trustee agrees in writing to be bound by the terms of this Agreement and by any transactions entered into in connection with this Agreement. 3.5 The Client represents and warrants to AETOS that: (a) Execution and delivery by the Client of this Agreement, and performance of all of the Client’s obligations contemplated under this Agreement, does not violate any law applicable to the Client. (b) All information provided by the Client to AETOS is true, correct and complete, and the Client will notify AETOS promptly of any changes to such information. (c) All information provided by the Client to AETOS is true in all material respects as at the date of these Account Terms and at all times during these Account Terms: if you are a legal entity other than a natural person, the Client is duly organised and validly existing (this Agreement or, if a natural personlater, you are of legal age to make binding agreements and are not under a legal disability or incapacity which would make these Account Terms unenforceable or invalid) and you have full power and authority to enter into, and has taken all necessary steps to enable it lawfully to enter into, these Account Terms and when the Transactions and obligations under it; the person executing (for information is provided. Neither that information nor the Client) the application for an agreement on these Account Terms has full power and authority to execute these Account Terms on behalf of the Client, and bind the entity (whether a natural person, company, partnership or otherwise); these Account Terms constitutes a legal, valid and binding obligation of the Client; if the Client is more than one person they will each be jointly (that is, together) and severally (that is, individually fully) liable under these Account Terms; if the Client is a corporation, you have been and remain duly formed under the laws of the place of its incorporation and has power and authority to deal in the Admiral Products offered by Admiral, and the person executing the Application Form on these Account Terms has full power and authority to execute (for the Client) the application for an agreement on these Account Terms; if the Client is one or more persons acting as a partnership in relation to these Account Terms, the Client and each other partner has power and authority to deal in Transactions and to be bound by these Account Terms, and the person executing the Application Form on these Account Terms has full power and authority to execute these Account Terms on behalf of all of the partners; if the Client is a Trustee, the trust deed specifically empowers and authorises dealings in the Admiral Products covered by these Account Terms, and such dealings are within the authorised ambit of the Trust’s investment strategy; if the Client is comprised of two or more persons (that is, holding a joint Account), that all such decisions made, and instructions issued, pursuant to these Account Terms, are made on a fully informed and agreed basis by all the parties to the joint Account; a Client may be comprised of two or more persons. If the client is comprised of more than one person then the Account will be deemed to be held by the persons as joint tenants despite any actual or constructive notice to Admiral of any partnership or other agreement between the persons. The joint holding will be only be deemed not to be held as joint tenants if Admiral expressly agrees that in writing that the persons consisting the client hold the Account as tenants in common in equal shares or by a court determination of that it is not held as joint tenants; if the Client is an investment manager or a responsible entity, the investment management agreement or fund constitution specifically empowers and authorises dealings in the Admiral Products, by the Client and on behalf of their underlying clients or investors; and such dealings are within the authorised ambit of each underlying client’s investment strategy; it will enter into Transactions pursuant to the applicable investment management agreement as investment manager or responsible entity and not otherwise; (iii) it will only deal in Admiral Products when the funds or other assets under its control are sufficient to meet the obligations which arise in connection with such dealing; and if your appointment as investment manager or responsible entity is terminated, it is authorised to arrange for Closing Out of all Transactions entered into on behalf of the Client prior to the date of such termination as soon as possible; is not an employee 's conduct or the close relative conduct of an employee of any exchange participant; you have read these Account Terms and any product disclosure statement issued by Admiral anyone acting on its behalf in relation to the Admiral Products and Transactions relevant transactions contemplated by this Agreement, was or is misleading, by omission or otherwise. (d) The Client shall make ongoing disclosure to AETOS of any matters that may affect the Account (including operation of this Agreement or of the disclosures ability of significant risks); you have considered your objectives and financial situation and you have had a reasonable opportunity to obtain appropriate independent advice prior to entering into these Account Terms, and has formed the opinion that dealing in the Admiral Products is suitable for your needs and purposes; the Client is willing to pay Margin Calls or to remain solvent. 3.6 The Client acknowledges that AETOS will enter into the transactions contemplated by this Agreement in reliance on the representations and able, financially and otherwise, to assume the risk of trading in high risk investments, Transactions using Margin and all other Transactions covered by these Account Terms; all information supplied to Admiral warranties made by the Client is, or at the time it is supplied will be, accurate in all material respects and the Client will not omit or withhold any information which would make such information inaccurate in any material respect; you will rely upon your own knowledge and judgment and will seek such advice (financial or otherwise) as may be prudent before placing an Order with Admiral and you assume full responsibility for any Order placed with Admiral; you fully understand the relevant provisions of: the prohibition of false or misleading markets and other market manipulation as described in Applicable Laws and section 1041A of the Corporations Act; the prohibition of xxxxxxx xxxxxxx as described in section 1043A of the Corporations Act; the prohibition of false trading and market rigging as described in sections 1041B and 1041C of the Corporations Act; the prohibition of misleading and deceptive conduct described in section 1041H of the Corporations Act; and Applicable Laws and, to the extent your investing in Admiral Products have Underlying Reference Instruments which are governed by the Corporations Act, the conditions upon which short selling is permitted on the ASX and the disclosure obligations are imposed on short sellers. You will notify Admiral if you are funding your account using superannuation as that may impact your classification as a retail or wholesale client. You acknowledge to us that you have received or downloaded, and read and understood the TMD document and you agree that you are within the class of consumers described in our TMDClient.

Appears in 1 contract

Samples: Terms and Conditions

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Client Representations and Warranties. 10.1 You, the Client, represent and warrant that as at the date of these Account Terms and at all times during these Account Terms: if you are a legal entity other than a natural person, the Client is duly organised and validly existing (or, if a natural person, you are of legal age to make binding agreements and are not under a legal disability or incapacity which would make these Account Terms unenforceable or invalid) and you have full power and authority to enter into, and has taken all necessary steps to enable it lawfully to enter into, these Account Terms and the Transactions and obligations under it; the person executing (for the Client) the application for an agreement on these Account Terms has full power and authority to execute these Account Terms on behalf of the Client, and bind the entity (whether a natural person, company, partnership or otherwise); these Account Terms constitutes a legal, valid and binding obligation of the Client; if the Client is more than one person they will each be jointly (that is, together) and severally (that is, individually fully) liable under these Account Terms; if the Client is a corporation, you have been and remain duly formed under the laws of the place of its incorporation and has power and authority to deal in the Admiral Products offered by Admiral, and the person executing the Application Form on these Account Terms has full power and authority to execute (for the Client) the application for an agreement on these Account Terms; if the Client is one or more persons acting as a partnership in relation to these Account Terms, the Client and each other partner has power and authority to deal in Transactions and to be bound by these Account Terms, and the person executing the Application Form on these Account Terms has full power and authority to execute these Account Terms on behalf of all of the partners; if the Client is a Trustee, the trust deed specifically empowers and authorises dealings in the Admiral Products covered by these Account Terms, and such dealings are within the authorised ambit of the Trust’s investment strategy; if the Client is comprised of two or more persons (that is, holding a joint Account), that all such decisions made, and instructions issued, pursuant to these Account Terms, are made on a fully informed and agreed basis by all the parties to the joint Account; a Client may be comprised of two or more persons. If the client is comprised of more than one person then the Account will be deemed to be held by the persons as joint tenants despite any actual or constructive notice to Admiral of any partnership or other agreement between the persons. The joint holding will be only be deemed not to be held as joint tenants if Admiral expressly agrees that in writing that the persons consisting the client hold the Account as tenants in common in equal shares or by a court determination of that it is not held as joint tenants; if the Client is an investment manager or a responsible entity, the investment management agreement or fund constitution specifically empowers and authorises dealings in the Admiral Products, by the Client and on behalf of their underlying clients or investors; and such dealings are within the authorised ambit of each underlying client’s investment strategy; it will enter into Transactions pursuant to the applicable investment management agreement as investment manager or responsible entity and not otherwise; (iii) it will only deal in Admiral Products when the funds or other assets under its control are sufficient to meet the obligations which arise in connection with such dealing; and if your appointment as investment manager or responsible entity is terminated, it is authorised to arrange for Closing Out of all Transactions entered into on behalf of the Client prior to the date of such termination as soon as possible; is not an employee or the close relative of an employee of any exchange participant; you have read these Account Terms and Terms, any product disclosure statement issued by Admiral Admiral, and Admiral’s TMD in relation to the Admiral Products and Transactions relevant to the Account (including the disclosures of significant risks); you have considered your objectives and financial situation and you have had a reasonable opportunity to obtain appropriate independent advice prior to entering into these Account Terms, and has formed the opinion that dealing in the Admiral Products is suitable for your needs and purposes; the Client is willing and able, financially and otherwise, to assume the risk of trading in high risk investments, Transactions using Margin and all other Transactions covered by these Account Terms; all information supplied to Admiral by the Client is, or at the time it is supplied will be, accurate in all material respects and the Client will not omit or withhold any information which would make such information inaccurate in any material respect; you will rely upon your own knowledge and judgment and will seek such advice (financial or otherwise) as may be prudent before placing an Order with Admiral and you assume full responsibility for any Order placed with Admiral; you fully understand the relevant provisions of: the prohibition of false or misleading markets and other market manipulation as described in Applicable Laws and section 1041A of the Corporations Act; the prohibition of xxxxxxx xxxxxxx as described in section 1043A of the Corporations Act; the prohibition of false trading and market rigging as described in sections 1041B and 1041C of the Corporations Act; the prohibition of misleading and deceptive conduct described in section 1041H of the Corporations Act; and Applicable Laws and, to the extent your investing in Admiral Products have Underlying Reference Instruments which are governed by the Corporations Act, the conditions upon which short selling is permitted on the ASX and the disclosure obligations are imposed on short sellers. You will notify Admiral if you are funding your account using superannuation as that may impact your classification as a retail or wholesale client. You acknowledge to us that you have received or downloaded, and read and understood the TMD document and you agree that you are within the class of consumers described in our TMD.

Appears in 1 contract

Samples: Account Terms

Client Representations and Warranties. 10.1 7.1 You, the Client, represent and warrant that as at the date of these Account Terms and at all times during these Account Terms: : (a) if you are a legal entity other than a natural person, the Client is duly organised and validly existing (or, if a natural person, you are of legal age to make binding agreements and are not under a legal disability or incapacity which would make these Account Terms unenforceable or invalid) and you have full power and authority to enter into, and has taken all necessary steps to enable it lawfully to enter into, these Account Terms and the andthe Transactions and obligations under it; ; (b) the person executing (for the Client) the application for an agreement on these Account Terms has full power and authority to execute these Account Terms on behalf of the Client, and bind the entity (whether a natural person, company, partnership or otherwise); ; (c) these Account Terms constitutes a legalalegal, valid and binding obligation of the Client; ; (d) if the Client is more than one person they will each be jointly (that is, together) and severally (that is, individually fully) liable under these Account Terms; ; (e) if the Client is a corporation, you have been and remain duly formed under the laws of the place of its incorporation and has power and authority to deal in the Admiral Products offered Financial Productsoffered by AdmiralFPMarkets, and the person executing the Application Form on these Account Terms has full power and authority to execute (for the Client) the application for an agreement on these Account Terms; ; (f) if the Client is one or more persons acting as a partnership in relation to these Account Terms, the Client and each other partner has power and authority to deal in Transactions and to be bound by these Account Terms, and the person executing the Application Form on these Account Terms has full power and authority to execute these Account Terms on behalf of all of the partners; ; (g) if the Client is a Trustee, the trust deed specifically empowers and authorises dealings in the Admiral Financial Products covered by these Account Terms, and such dealings are within the authorised ambit of the Trust’s investment strategy; ; (h) if the Client is comprised of two or more persons (that is, holding a joint Account), that all such decisions made, and instructions issued, pursuant to these Account Terms, are made on a fully informed and agreed basis by all the parties to the joint Account; ; (i) a Client may be comprised of two or more persons. If the client is comprised of more than one person then the Account will be deemed to be held by the persons as joint tenants despite any actual or constructive notice to Admiral FP Markets of any partnership or other agreement between the persons. The joint holding will be only be deemed not to be held as joint tenants if Admiral FP Markets expressly agrees that agreesthat in writing that writingthat the persons consisting the client hold the consistingtheclientholdthe Account as tenants in common in equal shares or by a court determination of that it is not held as joint tenants; ; (j) if the Client is an investment manager or a responsible entity, the investment management agreement or fund constitution specifically empowers and authorises dealings in the Admiral Financial Products, by the Client and on behalf of their underlying clients or investors; and and (i) such dealings are within the authorised ambit of each underlying client’s investment strategy; ; (ii) it will enter into Transactions pursuant to the applicable investment management agreement as investment manager or responsible entity and not otherwise; ; (iii) it will only deal in Admiral Products itwillonlydealin Financial Product Transactions when the funds or other assets under its control are otherassets underitscontrolare sufficient to meet the obligations which arise in connection with such dealing; and and (iv) if your appointment as investment manager or responsible orresponsible entity is terminatedisterminated, it is authorised isauthorised to arrange for Closing Out of all Transactions entered into on behalf of the Client prior to the date of such termination as soon as possible; ; (k) is not an employee or the close relative of an employee of any ofany exchange participant; ; (l) you have read these Account Terms and any product disclosure statement issued by Admiral FP Markets in relation to the Admiral Financial Products and Transactions relevant to the Account (including the disclosures of significant risks); you have , has considered your its objectives and financial situation and you have had a reasonable opportunity to obtain has beenadvised by FPMarkets toobtain appropriate independent advice prior to entering into these Account Terms, and has formed the opinion that dealing in the Admiral Financial Products is suitable for your needs and purposes; ; (m) the Client is willing and able, financially and otherwise, to assume the risk of trading in high risk investments, Transactions using Margin and all other andallother Transactions covered by these Account Terms; ; (n) all information supplied to Admiral FP Markets by the Client is, or at the time thetime it is supplied will bewillbe, accurate in all material respects accurateinallmaterialrespects and the Client will not omit or withhold any information which would make such information inaccurate in any material respect; ; (o) you will rely upon your own knowledge and judgment and will seek such advice (financial or otherwise) as may be prudent before placing an Order with Admiral FP Markets and you assume full responsibility for any Order placed with Admiral; FP Markets; (p) you fully understand the relevant provisions of: : (i) the prohibition of false or misleading markets and other market manipulation marketmanipulation as described in Applicable Laws and section 1041A of the Corporations Act; ; (ii) the prohibition of xxxxxxx xxxxxxx as described in section 1043A of the Corporations Act; ; (iii) the prohibition of false trading and market rigging as described in sections 1041B and 1041C of the Corporations Act; ; (iv) the prohibition of misleading and deceptive conduct described in section 1041H of the section1041Hofthe Corporations Act; and and (v) Applicable Laws and, to the extent your investing in Admiral Products have Underlying Reference Instruments which are governed by and the Corporations Act, Act which stipulate the conditions upon which short selling is permitted on the ASX and the disclosure obligations are imposed on short sellers. You will notify Admiral if you are funding your account using superannuation as that may impact your classification as a retail or wholesale client. You acknowledge to us that you have received or downloaded, and read and understood the TMD document and you agree that you are within the class of consumers described in our TMDshortsellers.

Appears in 1 contract

Samples: Retail Client Account Terms

Client Representations and Warranties. 10.1 7.1. You, the Client, represent and warrant that as at the date of these Account Terms this agreement and at all times during these Account Terms: this agreement: (a) if you are a legal entity other than a natural person, the Client is duly organised and validly existing (or, if a natural person, you are of legal age to make binding agreements and are not under a legal disability or incapacity which would make these Account Terms this agreement unenforceable or invalid) and you have the Client has full power and authority to enter into, and has taken all necessary steps to enable it lawfully to enter into, these Account Terms this agreement and the Transactions transactions and obligations under it; ; (b) the person executing (for the Client) the application for an this agreement on these Account Terms has full power and authority to execute these Account Terms this agreement on behalf of the Client, and bind the entity (whether a natural person, company, partnership or otherwise); these Account Terms ; (c) this agreement constitutes a legal, valid and binding obligation of the Client; ; (d) if the Client is more than one person they will each be jointly (that is, together) and severally (that is, individually fully) liable under these Account Terms; this agreement; (e) if the Client is a corporation, you have the Client has been and remain is duly formed under the laws of the place of its incorporation and has power and authority to deal in the Admiral Financial Products offered by AdmiralKITCO MARKETS LLC, and the person executing the Application Form on these Account Terms this agreement has full power and authority to execute (for this agreement on behalf of the Client; (f) the application for an agreement on these Account Terms; if the Client is one or more persons acting as a partnership in relation to these Account Termsthis agreement, the Client and each other partner has power and authority to deal in Transactions and to be bound by these Account Termsthis agreement, and the person executing the Application Form on these Account Terms this agreement has full power and authority to execute these Account Terms this agreement on behalf of all of the partners; ; (g) if the Client is a Trustee, the trust deed specifically empowers and authorises dealings in the Admiral Financial Products covered by these Account Termsthis agreement, and such dealings are within the authorised ambit of the Trust’s investment strategy; ; (h) if the Client is comprised of two or more persons (that is, holding a joint Account), that all such decisions made, and instructions issued, pursuant to these Account Termsthis agreement, are made on a fully informed and agreed basis by all the parties to the joint Account; a Client may be comprised of two or more persons. If the client is comprised of more than one person then the Account will be deemed to be held by the persons as joint tenants despite any actual or constructive notice to Admiral of any partnership or other agreement between the persons. The joint holding will be only be deemed not to be held as joint tenants if Admiral expressly agrees that in writing that the persons consisting the client hold the Account as tenants in common in equal shares or by a court determination of that it is not held as joint tenants; ; (i) if the Client is an investment manager or a responsible entity, the investment management agreement or fund constitution specifically empowers and authorises dealings in the Admiral Financial Products, by the Client and on behalf of their underlying clients or investors; and and (i) such dealings are within the authorised ambit of each underlying client’s investment strategy; ; (ii) it will enter into Transactions transactions pursuant to the applicable investment management agreement as investment manager or responsible entity and not otherwise; ; (iii) it will only deal in Admiral Products Financial Product transactions when the funds or other assets under its control are sufficient to meet the obligations which arise in connection with such dealing; and and (iv) if your appointment as investment manager or responsible entity is terminated, it is authorised to arrange for Closing Out closing out of all Transactions entered into on behalf of the Client prior to the date of such termination as soon as possible; is not an employee or ; (j) the close relative of an employee of any exchange participant; you have Client has read these Account Terms this agreement and any product disclosure statement issued by Admiral KITCO MARKETS LLC in relation to the Admiral Financial Products and Transactions relevant to the Account (including the disclosures of significant risks); you have , has considered your its objectives and financial situation and you have had a reasonable opportunity has been advised by KITCO MARKETS LLC to obtain appropriate independent advice prior to entering into these Account Termsthis agreement, and has formed the opinion that dealing in the Admiral Financial Products is suitable for your needs and purposes; ; (k) the Client is willing and able, financially and otherwise, to assume the risk of trading in high risk investments, Transactions using Margin and all other Transactions covered by these Account Terms; all terms; (l) information supplied to Admiral KITCO MARKETS LLC by the Client is, or at the time it is supplied will be, accurate in all material respects and the Client will not omit or withhold any information which would make such information inaccurate in any material respect; (m) the Client will provide to KITCO MARKETS LLC on request such information regarding its financial and business affairs and identity, as KITCO MARKETS LLC may reasonably require; (n) the Client and KITCO MARKETS LLC are bound by the Applicable Laws, Rules, customs, usages and practices (as modified from time to time) of the Exchange and clearing houses where any dealing takes place or would take place in relation to the Transaction including the Reference Security for that Transaction and that KITCO MARKETS LLC may be bound by the Applicable Laws, Rules, customs, usages and practices of those Exchanges in any order made or contract entered into by KITCO MARKETS LLC in relation to the Order or Transaction made with the Client, which can affect KITCO MARKETS LLC’s capacity to implement your Order or it might lead to later adjustments to the Transaction on the terms of this agreement; (o) that all Orders to be placed and all trading to be conducted under this agreement must be lawful; (p) in executing and complying with this agreement, the Client will not infringe any provisions of any other document or agreement to which the Client is a party; you and (q) the Client will rely upon your own knowledge take all reasonable steps to obtain and judgment communicate to KITCO MARKETS LLC all information, and will seek such advice (financial deliver or otherwise) as may cause to be prudent before placing an Order delivered to KITCO MARKETS LLC all documents with Admiral and you assume full responsibility for any Order placed with Admiral; you fully understand respect to dealings in the relevant provisions of: the prohibition of false or misleading markets and other market manipulation as described in Applicable Laws and section 1041A of the Corporations Act; the prohibition of xxxxxxx xxxxxxx as described in section 1043A of the Corporations Act; the prohibition of false trading and market rigging as described in sections 1041B and 1041C of the Corporations Act; the prohibition of misleading and deceptive conduct described in section 1041H of the Corporations Act; and Applicable Laws and, to the extent your investing in Admiral Financial Products have Underlying Reference Instruments which are governed requested by any person having the Corporations Act, the conditions upon which short selling is permitted right to request such documents and information. The Client authorises KITCO MARKETS LLC to pass on the ASX or deliver all such information and the disclosure obligations are imposed on short sellers. You will notify Admiral if you are funding your account using superannuation as that may impact your classification as a retail or wholesale client. You acknowledge documents to us that you have received or downloaded, and read and understood the TMD document and you agree that you are within the class of consumers described in our TMDany such person.

Appears in 1 contract

Samples: Account Terms

Client Representations and Warranties. 10.1 7.1. You, the Client, represent and warrant that as at the date of these Account Terms and at all times during these Account Terms: : (a) if you are a legal entity other than a natural person, the Client is duly organised and validly existing (or, if a natural person, you are of legal age to make binding agreements and are not under a legal disability or incapacity which would make these Account Terms unenforceable or invalid) and you have full power and authority to enter into, and has taken all necessary steps to enable it lawfully to enter into, these Account Terms and the Transactions and obligations under it; ; (b) the person executing (for the Client) the application for an agreement on these Account Terms has full power and authority to execute these Account Terms on behalf of the Client, and bind the entity (whether a natural person, company, partnership or otherwise); ; (c) these Account Terms constitutes a legal, valid and binding obligation of the Client; ; (d) if the Client is more than one person they will each be jointly (that is, together) and severally (that is, individually fully) liable under these Account Terms; ; (e) if the Client is a corporation, you have been and remain duly formed under the laws of the place of its incorporation and has power and authority to deal in the Admiral Financial Products offered by AdmiralFP Markets, and the person executing the Application Form on these Account Terms has full power and authority to execute (for the Client) the application for an agreement on these Account Terms; ; (f) if the Client is one or more persons acting as a partnership in relation to these Account Terms, the Client and each other partner has power and authority to deal in Transactions and to be bound by these Account Terms, and the person executing the Application Form on these Account Terms has full power and authority to execute these Account Terms on behalf of all of the partners; ; (g) if the Client is a Trustee, the trust deed specifically empowers and authorises dealings in the Admiral Financial Products covered by these Account Terms, and such dealings are within the authorised ambit of the Trust’s investment strategy; ; (h) if the Client is comprised of two or more persons (that is, holding a joint Account), that all such decisions made, and instructions issued, pursuant to these Account Terms, are made on a fully informed and agreed basis by all the parties to the joint Account; ; (i) a Client may be comprised of two or more persons. If the client is comprised of more than one person then the Account will be deemed to be held by the persons as joint tenants despite any actual or constructive notice to Admiral FP Markets of any partnership or other agreement between the persons. The joint holding will be only be deemed not to be held as joint tenants if Admiral FP Markets expressly agrees that in writing that the persons consisting the client hold the Account as tenants in common in equal shares or by a court determination of that it is not held as joint tenants; ; (j) if the Client is an investment manager or a responsible entity, the investment management agreement or fund constitution specifically empowers and authorises dealings in the Admiral Financial Products, by the Client and on behalf of their underlying clients or investors; and and i. such dealings are within the authorised ambit of each underlying client’s investment strategy; ; ii. it will enter into Transactions pursuant to the applicable investment management agreement as investment manager or responsible entity and not otherwise; (; iii) . it will only deal in Admiral Products Financial Product Transactions when the funds or other assets under its control are sufficient to meet the obligations which arise in connection with such dealing; and and iv. if your appointment as investment manager or responsible entity is terminated, it is authorised to arrange for Closing Out of all Transactions entered into on behalf of the Client prior to the date of such termination as soon as possible; ; (k) is not an employee or the close relative of an employee of any exchange participant; ; (l) you have read these Account Terms and any product disclosure statement issued by Admiral FP Markets in relation to the Admiral Financial Products and Transactions relevant to the Account (including the disclosures of significant risks); you have , has considered your its objectives and financial situation and you have had a reasonable opportunity has been advised by FP Markets to obtain appropriate independent advice prior to entering into these Account Terms, and has formed the opinion that dealing in the Admiral Financial Products is suitable for your needs and purposes; ; (m) the Client is willing and able, financially and otherwise, to assume the risk of trading in high risk investments, Transactions using Margin and all other Transactions covered by these Account Terms; ; (n) all information supplied to Admiral FP Markets by the Client is, or at the time it is supplied will be, accurate in all material respects and the Client will not omit or withhold any information which would make such information inaccurate in any material respect; ; (o) you will rely upon your own knowledge and judgment and will seek such advice (financial or otherwise) as may be prudent before placing an Order with Admiral FP Markets and you assume full responsibility for any Order placed with Admiral; FP Markets; (p) you fully understand the relevant provisions of: : i. the prohibition of false or misleading markets and other market manipulation as described in Applicable Laws and section 1041A of the Corporations Act; ; ii. the prohibition of xxxxxxx xxxxxxx as described in section 1043A of the Corporations Act; ; iii. the prohibition of false trading and market rigging as described in sections 1041B and 1041C of the Corporations Act; ; iv. the prohibition of misleading and deceptive conduct described in section 1041H of the Corporations Act; and and v. Applicable Laws and, to the extent your investing in Admiral Products have Underlying Reference Instruments which are governed by and the Corporations Act, Act which stipulate the conditions upon which short selling is permitted on the ASX and the disclosure obligations are imposed on short sellers. You will notify Admiral if you are funding your account using superannuation as that may impact your classification as a retail or wholesale client. You acknowledge to us that you have received or downloaded, and read and understood the TMD document and you agree that you are within the class of consumers described in our TMD.

Appears in 1 contract

Samples: Retail Client Account Terms and Conditions

Client Representations and Warranties. 10.1 7.1. You, the Client, represent and warrant that as at the date of these Account Terms this agreement and at all times during these Account Terms: this agreement: (a) if you are a legal entity other than a natural person, the Client is duly organised and validly existing (or, if a natural person, you are of legal age to make binding agreements and are not under a legal disability or incapacity which would make these Account Terms this agreement unenforceable or invalid) and you have the Client has full power and authority to enter into, and has taken all necessary steps to enable it lawfully to enter into, these Account Terms this agreement and the Transactions transactions and obligations under it; ; (b) the person executing (for the Client) the application for an this agreement on these Account Terms has full power and authority to execute these Account Terms this agreement on behalf of the Client, and bind the entity (whether a natural person, company, partnership or otherwise); these Account Terms ; (c) this agreement constitutes a legal, valid and binding obligation of the Client; ; (d) if the Client is more than one person they will each be jointly (that is, together) and severally (that is, individually fully) liable under these Account Terms; this agreement; (e) if the Client is a corporation, you have the Client has been and remain is duly formed under the laws of the place of its incorporation and has power and authority to deal in the Admiral Financial Products offered by AdmiralPENTAGON CAPITAL MARKETS LTD, and the person executing the Application Form on these Account Terms this agreement has full power and authority to execute (for this agreement on behalf of the Client; (f) the application for an agreement on these Account Terms; if the Client is one or more persons acting as a partnership in relation to these Account Termsthis agreement, the Client and each other partner has power and authority to deal in Transactions and to be bound by these Account Termsthis agreement, and the person executing the Application Form on these Account Terms this agreement has full power and authority to execute these Account Terms this agreement on behalf of all of the partners; ; (g) if the Client is a Trustee, the trust deed specifically empowers and authorises dealings in the Admiral Financial Products covered by these Account Termsthis agreement, and such dealings are within the authorised ambit of the Trust’s investment strategy; ; (h) if the Client is comprised of two or more persons (that is, holding a joint Account), that all such decisions made, and instructions issued, pursuant to these Account Termsthis agreement, are made on a fully informed and agreed basis by all the parties to the joint Account; a Client may be comprised of two or more persons. If the client is comprised of more than one person then the Account will be deemed to be held by the persons as joint tenants despite any actual or constructive notice to Admiral of any partnership or other agreement between the persons. The joint holding will be only be deemed not to be held as joint tenants if Admiral expressly agrees that in writing that the persons consisting the client hold the Account as tenants in common in equal shares or by a court determination of that it is not held as joint tenants; ; (i) if the Client is an investment manager or a responsible entity, the investment management agreement or fund constitution specifically empowers and authorises dealings in the Admiral Financial Products, by the Client and on behalf of their underlying clients or investors; and and (i) such dealings are within the authorised ambit of each underlying client’s investment strategy; ; (ii) it will enter into Transactions transactions pursuant to the applicable investment management agreement as investment manager or responsible entity and not otherwise; ; (iii) it will only deal in Admiral Products Financial Product transactions when the funds or other assets under its control are sufficient to meet the obligations which arise in connection with such dealing; and and (iv) if your appointment as investment manager or responsible entity is terminated, it is authorised to arrange for Closing Out closing out of all Transactions entered into on behalf of the Client prior to the date of such termination as soon as possible; is not an employee or ; (j) the close relative of an employee of any exchange participant; you have Client has read these Account Terms this agreement and any product disclosure statement issued by Admiral PENTAGON CAPITAL MARKETS LTD in relation to the Admiral Financial Products and Transactions relevant to the Account (including the disclosures of significant risks); you have , has considered your its objectives and financial situation and you have had a reasonable opportunity has been advised by PENTAGON CAPITAL MARKETS LTD to obtain appropriate independent advice prior to entering into these Account Termsthis agreement, and has formed the opinion that dealing in the Admiral Financial Products is suitable for your needs and purposes; ; (k) the Client is willing and able, financially and otherwise, to assume the risk of trading in high risk investments, Transactions using Margin and all other Transactions covered by these Account Terms; all terms; (l) information supplied to Admiral PENTAGON CAPITAL MARKETS LTD by the Client is, or at the time it is supplied will be, accurate in all material respects and the Client will not omit or withhold any information which would make such information inaccurate in any material respect; (m) the Client will provide to PENTAGON CAPITAL MARKETS LTD on request such information regarding its financial and business affairs and identity, as PENTAGON CAPITAL MARKETS LTD may reasonably require; (n) the Client and PENTAGON CAPITAL MARKETS LTD are bound by the Applicable Laws, Rules, customs, usages and practices (as modified from time to time) of the Exchange and clearing houses where any dealing takes place or would take place in relation to the Transaction including the Reference Security for that Transaction and that PENTAGON CAPITAL MARKETS LTD may be bound by the Applicable Laws, Rules, customs, usages and practices of those Exchanges in any order made or contract entered into by PENTAGON CAPITAL MARKETS LTD in relation to the Order or Transaction made with the Client, which can affect PENTAGON CAPITAL MARKETS LTD’s capacity to implement your Order or it might lead to later adjustments to the Transaction on the terms of this agreement; (o) that all Orders to be placed and all trading to be conducted under this agreement must be lawful; (p) in executing and complying with this agreement, the Client will not infringe any provisions of any other document or agreement to which the Client is a party; you and (q) the Client will rely upon your own knowledge take all reasonable steps to obtain and judgment communicate to PENTAGON CAPITAL MARKETS LTD all information, and will seek such advice (financial deliver or otherwise) as may cause to be prudent before placing an Order delivered to PENTAGON CAPITAL MARKETS LTD all documents with Admiral and you assume full responsibility for any Order placed with Admiral; you fully understand respect to dealings in the relevant provisions of: the prohibition of false or misleading markets and other market manipulation as described in Applicable Laws and section 1041A of the Corporations Act; the prohibition of xxxxxxx xxxxxxx as described in section 1043A of the Corporations Act; the prohibition of false trading and market rigging as described in sections 1041B and 1041C of the Corporations Act; the prohibition of misleading and deceptive conduct described in section 1041H of the Corporations Act; and Applicable Laws and, to the extent your investing in Admiral Financial Products have Underlying Reference Instruments which are governed requested by any person having the Corporations Act, the conditions upon which short selling is permitted right to request such documents and information. The Client authorises PENTAGON CAPITAL MARKETS LTD to pass on the ASX or deliver all such information and the disclosure obligations are imposed on short sellers. You will notify Admiral if you are funding your account using superannuation as that may impact your classification as a retail or wholesale client. You acknowledge documents to us that you have received or downloaded, and read and understood the TMD document and you agree that you are within the class of consumers described in our TMDany such person.

Appears in 1 contract

Samples: Account Terms

Client Representations and Warranties. 10.1 You3.1 The Client warrants that in the case of an individual or more than one individual, they are of full age and capacity and in the case of affirm or corporation, it is duly constituted and incorporated and possesses the requisite power to enter into this Agreement and all contracts made or to be made, and in any case, this Agreement and such contracts are and will constitute legally binding and enforceable obligations of the Client. 3.2 If the Client enters into this Agreement in its capacity as trustee of a trust, the Client makes the following representations and undertakings: (a) the relevant trust instrument is valid and complies with all applicable laws as defined in clause 5.2 of this Agreement; (b) the Client is properly appointed as sole trustee of the trust; (c) the Client has a right of indemnity from the trust assets in respect of this Agreement and the transactions contemplated by it; (d) the Client will comply with its duties as trustee of the trust; (e) the Client will not do anything which may result in the loss of its right of indemnity from the trust assets; (f) the Client will remain sole trustee of the trust; (g) if, despite the above, the Client is replaced or joined as trustee, the Client will make sure the new trustee becomes bound to the Clients satisfaction by this Agreement and any other Agreement relating to a transaction contemplated by this Agreement to which the Client is expressed to be a party, or by a document which is identical in effect; (h) the Client will not resettle, set aside or distribute any of the assets of the trust without JDXs written consent unless compelled to do so by the trust instrument; (i) the Client will not amend or vary the trust instrument without JDXs written consent; and (j) If the Client is not the sole trustee of the trust it is a requirement that each and every trustee agrees in writing to be bound by the terms of this Agreement and by any transactions entered into in connection with this Agreement before JDX will create a contract with the Client pursuant to clause 6. 3.3 The Client represents and warrants to JDX that: (a) Execution and delivery by the Client of this Agreement, and performance of all of the Clients obligations contemplated under this Agreement, does not violate any Law applicable to the Client; (b) All information provided by the Client to JDX is true, represent correct and warrant that complete, and the Client will notify JDX promptly of any changes to such information; (c) All information provided by the Client to JDX is true in all material respects as at the date of these Account Terms and at all times during these Account Terms: if you are a legal entity other than a natural person, the Client is duly organised and validly existing (this Agreement or, if a natural personlater, you are when the information is provided. Neither that information nor the Clients conduct or the conduct of legal age to make binding agreements and are not under a legal disability or incapacity which would make these Account Terms unenforceable or invalid) and you have full power and authority to enter into, and has taken all necessary steps to enable it lawfully to enter into, these Account Terms and the Transactions and obligations under it; the person executing (for the Client) the application for an agreement anyone acting on these Account Terms has full power and authority to execute these Account Terms on its behalf of the Client, and bind the entity (whether a natural person, company, partnership or otherwise); these Account Terms constitutes a legal, valid and binding obligation of the Client; if the Client is more than one person they will each be jointly (that is, together) and severally (that is, individually fully) liable under these Account Terms; if the Client is a corporation, you have been and remain duly formed under the laws of the place of its incorporation and has power and authority to deal in the Admiral Products offered by Admiral, and the person executing the Application Form on these Account Terms has full power and authority to execute (for the Client) the application for an agreement on these Account Terms; if the Client is one or more persons acting as a partnership in relation to these Account Termsthe transactions contemplated by this Agreement, was or is misleading, by omission or otherwise; (d) The Client shall make ongoing disclosure to JDX of any matters that may affect the operation of this Agreement or of the ability of the Client to pay Margin Calls or to remain solvent. 3.4 The Client acknowledges that JDX will enter into the transactions contemplated by this Agreement in reliance on the representations and each other partner has power and authority to deal in Transactions and to be bound warranties made by these Account Terms, and the person executing the Application Form on these Account Terms has full power and authority to execute these Account Terms on behalf of all of the partners; if the Client is a Trustee, the trust deed specifically empowers and authorises dealings in the Admiral Products covered by these Account Terms, and such dealings are within the authorised ambit of the Trust’s investment strategy; if Client. 3.5 If the Client is comprised of two or more legal persons (that is, holding then a joint Account), that all such decisions made, and instructions issued, pursuant reference to these Account Terms, are made on a fully informed and agreed basis by all the parties to the joint Account; a Client may be comprised of two right or more persons. If the client is comprised of more than one person then the Account will be deemed to be held by the persons as joint tenants despite any actual or constructive notice to Admiral of any partnership or other agreement between the persons. The joint holding will be only be deemed not to be held as joint tenants if Admiral expressly agrees that in writing that the persons consisting the client hold the Account as tenants in common in equal shares or by a court determination of that it is not held as joint tenants; if the Client is an investment manager or a responsible entity, the investment management agreement or fund constitution specifically empowers and authorises dealings in the Admiral Products, by the Client and on behalf of their underlying clients or investors; and such dealings are within the authorised ambit of each underlying client’s investment strategy; it will enter into Transactions pursuant to the applicable investment management agreement as investment manager or responsible entity and not otherwise; (iii) it will only deal in Admiral Products when the funds or other assets under its control are sufficient to meet the obligations which arise in connection with such dealing; and if your appointment as investment manager or responsible entity is terminated, it is authorised to arrange for Closing Out of all Transactions entered into on behalf obligation of the Client prior to under this Agreement or under a transaction contemplated by this Agreement confers that right or imposes that obligation, as the date of such termination as soon as possible; case may be, jointly and severally on those persons. 3.6 The Client is not an employee or the close relative of an employee of any exchange participant; you have read these Account Terms and any product disclosure statement issued by Admiral in relation to the Admiral Products and Transactions relevant to the Account (including the disclosures of significant risks); you have considered your objectives and financial situation and you have had a reasonable opportunity to obtain appropriate independent advice prior to entering into these Account Terms, and has formed the opinion that dealing in the Admiral Products is suitable for your needs and purposes; the Client is willing and able, financially and otherwise, to assume the risk of trading in high risk investments, Transactions using Margin and all other Transactions covered by these Account Terms; all information supplied to Admiral by the Client is, or at the time it is supplied will be, accurate in all material respects and the Client will not omit or withhold any information which would make such information inaccurate in any material respect; you will rely upon your own knowledge and judgment and will seek such advice (financial or otherwise) as may be prudent before placing an Order with Admiral and you assume full responsibility for any Order placed with Admiral; you fully understand the relevant provisions of: the prohibition of false or misleading markets and other market manipulation as described in Applicable Laws and section 1041A citizen of the Corporations Act; the prohibition of xxxxxxx xxxxxxx as described in section 1043A of the Corporations Act; the prohibition of false trading and market rigging as described in sections 1041B and 1041C of the Corporations Act; the prohibition of misleading and deceptive conduct described in section 1041H of the Corporations Act; and Applicable Laws and, to the extent your investing in Admiral Products have Underlying Reference Instruments which are governed by the Corporations Act, the conditions upon which short selling is permitted on the ASX and the disclosure obligations are imposed on short sellers. You will notify Admiral if you are funding your account using superannuation as that may impact your classification as a retail or wholesale client. You acknowledge to us that you have received or downloaded, and read and understood the TMD document and you agree that you are within the class of consumers described in our TMDUnited States.

Appears in 1 contract

Samples: Client Agreement

Client Representations and Warranties. 10.1 7.1 You, the Client, represent and warrant that as at the date of these Account Terms and at all times during these Account Terms: : (a) if you are a legal entity other than a natural person, the Client is duly organised and validly existing (or, if a natural person, you are of legal age to make binding agreements and are not under a legal disability or incapacity which would make these Account Terms unenforceable or invalid) and you have full power and authority to enter into, and has taken all necessary steps to enable it lawfully to enter into, these Account Terms and the Transactions and obligations under it; ; (b) the person executing (for the Client) the application for an agreement on these Account Terms has full power and authority to execute these Account Terms on behalf of the Client, and bind the entity (whether a natural person, company, partnership or otherwise); ; (c) these Account Terms constitutes a legalalegal, valid and binding obligation of the Client; ; (d) if the Client is more than one person they will each be jointly (that is, together) and severally (that is, individually fully) liable under these Account Terms; ; (e) if the Client is a corporation, you have been and remain duly formed under the laws of the place of its incorporation and has power and authority to deal in the Admiral Financial Products offered by AdmiralFP Markets, and the person executing the Application Form on these Account Terms has full power and authority to execute (for the Client) the application for an agreement on these Account Terms; ; (f) if the Client is one or more persons acting as a partnership in relation to these Account Terms, the Client and each other partner has power and authority to deal in Transactions and to be bound by these Account Terms, and the person executing the Application Form on these Account Terms has full power and authority to execute these Account Terms on behalf of all of the partners; ; (g) if the Client is a Trustee, the trust deed specifically empowers and authorises dealings in the Admiral Financial Products covered by these Account Terms, and such dealings are within the authorised ambit of the Trust’s investment strategy; ; (h) if the Client is comprised of two or more persons (that is, holding a joint Account), that all such decisions made, and instructions issued, pursuant to these Account Terms, are made on a fully informed and agreed basis by all the parties to the joint Account; ; (i) a Client may be comprised of two or more persons. If the client is comprised of more than one person then the Account will be deemed to be held by the persons as joint tenants despite any actual or constructive notice to Admiral FP Markets of any partnership or other agreement between the persons. The joint holding will be only be deemed not to be held as joint tenants if Admiral FPMarkets expressly agrees that in writing that the persons consisting the client hold the Account as tenants in common in equal shares or by a court determination of that it is not held as joint tenants; ; (j) if the Client is an investment manager or a responsible entity, the investment management agreement or fund constitution specifically empowers and authorises dealings in the Admiral Financial Products, by the Client and on behalf of their underlying clients or investors; and and (i) such dealings are within the authorised ambit of each underlying client’s investment strategy; ; (ii) it will enter into Transactions pursuant to the applicable investment management agreement as investment manager or responsible entity and not otherwise; ; (iii) it will only deal in Admiral Products dealin Financial Product Transactions when the funds or other assets under its control are sufficient to meet the obligations which arise in connection with such dealing; and and (iv) if your appointment as investment manager or responsible entity is terminated, it is authorised to arrange for Closing Out of all Transactions entered into on behalf of the Client prior to the date of such termination as soon as possible; ; (k) is not an employee or the close relative of an employee of any exchange participant; ; (l) you have read these Account Terms and any product disclosure statement issued by Admiral FP Markets in relation to the Admiral Financial Products and Transactions relevant to the Account (including the disclosures of significant risks); you have , has considered your its objectives and financial situation and you have had a reasonable opportunity has been advised by FP Markets to obtain appropriate independent advice prior to entering into these Account Terms, and has formed the opinion that dealing in the Admiral Financial Products is suitable for your needs and purposes; ; (m) the Client is willing and able, financially and otherwise, to assume the risk of trading in high risk investments, Transactions using Margin and all andall other Transactions covered by these Account bythese Terms; ; (n) all information supplied to Admiral FP Markets by the Client is, or at the time it is supplied will be, accurate in all material respects and the Client will not omit or withhold any information which would make such information inaccurate in any material respect; ; (o) you will rely upon your own knowledge and judgment and will seek such advice (financial or otherwise) as may be prudent before placing an Order with Admiral FP Markets and you assume full responsibility for any Order placed with Admiral; FP Markets; (p) you fully understand the relevant provisions of: : (i) the prohibition of false or misleading markets and other market manipulation as described in Applicable Laws and section 1041A of the Corporations Act; ; (ii) the prohibition of xxxxxxx xxxxxxx as described in section 1043A of the Corporations Act; ; (iii) the prohibition of false trading and market rigging as described in sections 1041B and 1041C of the Corporations Act; ; (iv) the prohibition of misleading and deceptive conduct described in section 1041H section1041H of the Corporations Act; and and (v) Applicable Laws and, to the extent your investing in Admiral Products have Underlying Reference Instruments which are governed by and the Corporations Act, Act which stipulate the conditions upon which short selling is permitted on the ASX and the disclosure obligations are imposed on short short-sellers. You will notify Admiral if you are funding your account using superannuation as that may impact your classification as a retail or wholesale client. You acknowledge to us that you have received or downloaded, and read and understood the TMD document and you agree that you are within the class of consumers described in our TMD.

Appears in 1 contract

Samples: Retail Client Account Terms and Conditions

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