Common use of Client’s Warranties Clause in Contracts

Client’s Warranties. 19.1 You hereby represent and warrant (which representations and warranties shall be deemed to be repeated by you on each date on which a transaction is entered into under this Agreement) that: 19.1.1 You have full power and authority to execute and deliver this Agreement, each transaction and any other documentation relating thereto, and to perform your obligations under this Agreement and each transaction and have taken all necessary action to authorise such execution, delivery and performance; 19.1.2 Any such execution, delivery and performance will not violate or conflict with any law applicable to you, any provision of any constitutional documents or any charge, trust deed, contract or other instrument or any contractual restrictions applicable to, binding on or affecting you or any of your assets or oblige you to create any lien, security interest or encumbrance; 19.1.3 All governmental, regulatory and other consents that are required to have been obtained by you in relation to this Agreement have been so obtained and are in full force and effect and all conditions of any such consents have been complied with; 19.1.4 Your obligations under this Agreement constitute your legal, valid and binding obligations, enforceable in accordance with their respective terms; 19.1.5 You will comply with all laws, rules, regulations and disclosure requirements of any relevant jurisdiction, exchange, market or regulatory authority which apply in respect of us, you or your investments from time to time; 19.1.6 You will promptly give (or procure to be given) to us such information and assistance as we may reasonably require to enable us to assist or achieve compliance with any of the obligations mentioned in 19.4 in relation to your Account or the Services; 19.1.7 Where we provide you with an execution-only service you have the capacity to evaluate and understand the terms, condition and risks of each transaction (whether or not recommended by us) entered into hereunder and you are willing and able to accept those terms and conditions and to assume (financially and otherwise) those risks; 19.1.8 You are acting as principal in entering into this Agreement and each transaction hereunder; 19.1.9 Where an Event of Default occurs you will give us notice as soon as you become aware of such occurrence; and 19.1.10 You will not pay to or provide us with any Assets which are subject to any security or lien other than the Security and liens created in our favour or otherwise contemplated under clause 13 and will not charge, assign or otherwise dispose of or create any interest in any of your rights or interest in any transaction or in any sum or other payment or assets held by us on your behalf.

Client’s Warranties. 19.1 You hereby represent and warrant (which representations and warranties shall be deemed to be repeated by you on each date on which a transaction is entered into under this Agreement) that: 19.1.1 You have full power and authority to execute and deliver this Agreement, each transaction and any other documentation relating thereto, and to perform your obligations under this Agreement and each transaction and have taken all necessary action to authorise such execution, delivery and performance; 19.1.2 Any such execution, delivery and performance will not violate or conflict with any law applicable to you, any provision of any constitutional documents or any charge, trust deed, contract or other instrument or any contractual restrictions applicable to, binding on or affecting you or any of your assets or oblige you to create any lien, security interest or encumbrance; 19.1.3 All governmental, regulatory and other consents that are required to have been obtained by you in relation to this Agreement have been so obtained and are in full force and effect and all conditions of any such consents have been complied with; 19.1.4 Your obligations under this Agreement constitute your legal, valid and binding obligations, enforceable in accordance with their respective terms; 19.1.5 You will comply with all laws, rules, regulations and disclosure requirements of any relevant jurisdiction, exchange, market or regulatory authority which apply in respect of us, you or your investments from time to time; 19.1.6 You will promptly give (or procure to be given) to us such information and assistance as we may reasonably require to enable us to assist or achieve compliance with any of the obligations mentioned in 19.4 in relation to your Account or the Services; 19.1.7 Where we provide you with an execution-only service you have the capacity to evaluate and understand the terms, condition and risks of each transaction (whether or not recommended by us) entered into hereunder and you are willing and able to accept those terms and conditions and to assume (financially and otherwise) those risks; 19.1.8 You are acting as principal in entering into this Agreement and each transaction hereunder; 19.1.9 Where an Event of Default occurs occurs, you will give us notice as soon as you become aware of such occurrence; and 19.1.10 You will not pay to or provide us with any Assets which are subject to any security or lien other than the Security and liens created in our favour or otherwise contemplated under clause 13 and will not charge, assign or otherwise dispose of or create any interest in any of your rights or interest in any transaction or in any sum or other payment or assets held by us on your behalf.

Client’s Warranties. 19.1 18.1 You hereby represent and warrant (which representations and warranties shall be deemed to be repeated by you on each date on which a transaction Transaction is entered into under this Agreementthese Terms) that: 19.1.1 You 18.2.1 you have full power and authority to execute and deliver this Agreemententer into these Terms, each transaction Transaction and any other documentation relating thereto, and to perform your obligations there under this Agreement and each transaction and have taken all necessary action to authorise such execution, delivery and performanceTransaction; 19.1.2 Any such execution, delivery 18.2.2 you will be liable to us or our affiliated companies in respect of all obligations and performance liabilities arising from Transactions effected on your instructions; 18.2.3 entering into these Terms will not violate or conflict with any law applicable to you, any provision of or any constitutional documents or any charge, trust deed, contract or other instrument or any contractual restrictions applicable to, binding on or affecting you or any of your assets Assets or oblige you to create any lien, security interest or encumbrance; 19.1.3 All 18.2.4 all governmental, regulatory and other consents that are required to have been obtained by you in relation to this Agreement these Terms or any Transaction hereunder have been so obtained and are in full force and effect and all conditions of any such consents have been complied with; 19.1.4 Your obligations under this Agreement constitute your legal, valid and binding obligations, enforceable in accordance with their respective terms; 19.1.5 You 18.2.5 you will comply with all laws, rules, regulations and disclosure requirements of any relevant jurisdiction, exchange, market or regulatory authority which apply in respect of us, you or your investments from time to time; 19.1.6 You 18.2.6 you will promptly give (or procure to be given) to us such information and assistance as we may reasonably require to enable us to assist or achieve compliance with any of the our obligations mentioned in 19.4 in relation to your Account or the Services; 19.1.7 Where we provide you with an execution-only service you have the capacity to evaluate and understand the terms, condition and risks of each transaction (whether or not recommended by us) entered into hereunder and you are willing and able to accept those terms and conditions and to assume (financially and otherwise) those risks; 19.1.8 You are acting as principal in entering into this Agreement and each transaction hereunder; 19.1.9 Where an Event of Default occurs you will give us notice as soon as you become aware of such occurrence; and 19.1.10 You will not pay 18.3 all investments to or provide us with any Assets which these Terms apply are subject to any security or lien other than the Security and liens created in our favour or otherwise contemplated under clause 13 and will not chargebe so long as these Terms are in force, assign free from any impediment which would prevent any related Transactions between you and us or otherwise dispose our affiliated companies and are beneficially owned by you or the person or ultimate beneficiary on whose behalf you are acting directly or indirectly. 18.4 The Client: warrants to GIS that all Client’s Assets furnished or deposited with GIS by or on behalf of the Client are, or create will be, as the case may be, the sole and beneficial property of the Client free and clear of any interest in any of your rights or interest in any transaction or in any sum pledge, lien, charge or other payment encumbrance, or assets held by us on your behalfany attachment and that it is entitled to pledge the same.

Client’s Warranties. 19.1 18.1 You hereby represent and warrant (which representations and warranties shall be deemed to be repeated by you on each date on which a transaction is entered into under this Agreement) that: 19.1.1 18.1.1 You have full power and authority to execute and deliver this Agreement, each transaction and any other documentation relating thereto, and to perform your obligations under this Agreement and each transaction and have taken all necessary action to authorise such execution, delivery and performance; 19.1.2 18.1.2 Any such execution, delivery and performance will not violate or conflict with any law applicable to you, any provision of any constitutional documents or any charge, trust deed, contract or other instrument or any contractual restrictions applicable to, binding on or affecting you or any of your assets or oblige you to create any lien, security interest or encumbrance; 19.1.3 18.1.3 All governmental, regulatory and other consents that are required to have been obtained by you in relation to this Agreement have been so obtained and are in full force and effect and all conditions of any such consents have been complied with; 19.1.4 18.1.4 Your obligations under this Agreement constitute your legal, valid and binding obligations, enforceable in accordance with their respective terms; 19.1.5 18.1.5 You will comply with all laws, rules, regulations and disclosure requirements of any relevant jurisdiction, exchange, market or regulatory authority which apply in respect of us, you or your investments from time to time; 19.1.6 18.1.6 You will promptly give (or procure to be given) to us such information and assistance as we may reasonably require to enable us to assist or achieve compliance with any of the obligations mentioned in 19.4 in relation to your Account or the Services; 19.1.7 18.1.7 Where we provide you with an execution-only service you have the capacity to evaluate and understand the terms, condition and risks of each transaction (whether or not recommended by us) entered into hereunder and you are willing and able to accept those terms and conditions and to assume (financially and otherwise) those risks; 19.1.8 18.1.8 You are acting as principal in entering into this Agreement and each transaction hereunder; 19.1.9 18.1.9 Where an Event of Default occurs occurs, you will give us notice as soon as you become aware of such occurrence; and 19.1.10 18.1.10 You will not pay to or provide us with any Assets which are subject to any security or lien other than the Security and liens created in our favour or otherwise contemplated under clause 13 and will not charge, assign or otherwise dispose of or create any interest in any of your rights or interest in any transaction or in any sum or other payment or assets held by us on your behalf. VARIANSE is a trading name of VDX Derivatives. VDX Derivatives is authorised and regulated by the Financial Services Commission (FSC) in the republic of Mauritius with License Number C118023323. Registered Address: 00 Xx Xxxxxxx Xxxxxx, Xxxx Xxxxx, Xxxxxxxxx. 18.1.11 You hereby acknowledge and understand that VDX does not supervise the activities of introducing brokers (IB) and assumes no liability for any representations made by IB’s, which shall include but not be limited to, accuracy of trading programs, risk warnings or lack thereof, guarantees of profit or security of principal, or trading advice. VDX and IB’s are wholly separate and independent from one another. Any Agreement(s) between VDX and IB’s do not establish any form of joint venture or partnership and at no time are IBs agents or employees of VDX. If you were introduced to us by a third party, you acknowledge and agree that: a. you authorised the third party to introduce you to us and that we assume no responsibility whatsoever for the terms of any agreement between you and the third party or the lack thereof or any representation or conduct of the third party; b. a portion of the revenues generated from your Trades or of the charges paid by you to us may be given to the third party which may increase the overall cost of services to you, and that you can contact the third party or VDX for further information in this respect; c. any advice given to you regarding your Trading Account or your Trades by a third party is not given by us or on our behalf and we assume no responsibility whatsoever for any such advice; and x. the third party is an independent intermediary and does not act as an agent of ours or otherwise act on behalf of VDX. If you have been introduced to us by a third party, you acknowledge and agree to our exchanging your information with that person to the extent necessary for us to fulfil our obligations under any agreement we may have with that person. Such disclosure may result in our sharing financial and personal information about you including your application details, your Trading Account status and your trading activity. Should you no longer wish us to disclose information to such persons please notify us in writing. You hereby acknowledge and agree to contact VDX via email or telephone should he/she feel they are being charged commissions that are unauthorised, excessive or that differ from that which the IB disclosed.

Client’s Warranties. 19.1 18.1 You hereby represent and warrant (which representations and warranties shall be deemed to be repeated by you on each date on which a transaction is entered into under this Agreement) that: 19.1.1 18.1.1 You have full power and authority to execute and deliver this Agreement, each transaction and any other documentation relating thereto, and to perform your obligations under this Agreement and each transaction and have taken all necessary action to authorise such execution, delivery and performance; 19.1.2 18.1.2 Any such execution, delivery and performance will not violate or conflict with any law applicable to you, any provision of any constitutional documents or any charge, trust deed, contract or other instrument or any contractual restrictions applicable to, binding on or affecting you or any of your assets or oblige you to create any lien, security interest or encumbrance; 19.1.3 18.1.3 All governmental, regulatory and other consents that are required to have been obtained by you in relation to this Agreement have been so obtained and are in full force and effect and all conditions of any such consents have been complied with; 19.1.4 18.1.4 Your obligations under this Agreement constitute your legal, valid and binding obligations, enforceable in accordance with their respective terms; 19.1.5 18.1.5 You will comply with all laws, rules, regulations and disclosure requirements of any relevant jurisdiction, exchange, market or regulatory authority which apply in respect of us, you or your investments from time to time; 19.1.6 18.1.6 You will promptly give (or procure to be given) to us such information and assistance as we may reasonably require to enable us to assist or achieve compliance with any of the obligations mentioned in 19.4 in relation to your Account or the Services; 19.1.7 18.1.7 Where we provide you with an execution-only service you have the capacity to evaluate and understand the terms, condition and risks of each transaction (whether or not recommended by us) entered into hereunder and you are willing and able to accept those terms and conditions and to assume (financially and otherwise) those risks; 19.1.8 18.1.8 You are acting as principal in entering into this Agreement and each transaction hereunder;; VARIANSE is a trading name of VDX Derivatives. VDX Derivatives is authorised and regulated by the Financial Services Commission (FSC) in the republic of Mauritius with License Number C118023323. Registered Address: 00 Xx Xxxxxxx Xxxxxx, Xxxx Xxxxx, Xxxxxxxxx. 19.1.9 18.1.9 Where an Event of Default occurs occurs, you will give us notice as soon as you become aware of such occurrence; and 19.1.10 18.1.10 You will not pay to or provide us with any Assets which are subject to any security or lien other than the Security and liens created in our favour or otherwise contemplated under clause 13 and will not charge, assign or otherwise dispose of or create any interest in any of your rights or interest in any transaction or in any sum or other payment or assets held by us on your behalf. 18.1.11 You hereby acknowledge and understand that VDX does not supervise the activities of introducing brokers (IB) and assumes no liability for any representations made by IB’s, which shall include but not be limited to, accuracy of trading programs, risk warnings or lack thereof, guarantees of profit or security of principal, or trading advice. VDX and IB’s are wholly separate and independent from one another. Any Agreement(s) between VDX and IB’s do not establish any form of joint venture or partnership and at no time are IBs agents or employees of VDX. If you were introduced to us by a third party, you acknowledge and agree that: a. you authorised the third party to introduce you to us and that we assume no responsibility whatsoever for the terms of any agreement between you and the third party or the lack thereof or any representation or conduct of the third party; b. a portion of the revenues generated from your Trades or of the charges paid by you to us may be given to the third party which may increase the overall cost of services to you, and that you can contact the third party or VDX for further information in this respect; c. any advice given to you regarding your Trading Account or your Trades by a third party is not given by us or on our behalf and we assume no responsibility whatsoever for any such advice; and x. the third party is an independent intermediary and does not act as an agent of ours or otherwise act on behalf of VDX. If you have been introduced to us by a third party, you acknowledge and agree to our exchanging your information with that person to the extent necessary for us to fulfil our obligations under any agreement we may have with that person. Such disclosure may result in our sharing financial and personal information about you including your application details, your Trading Account status and your trading activity. Should you no longer wish us to disclose information to such persons please notify us in writing. You hereby acknowledge and agree to contact VDX via email or telephone should he/she feel they are being charged commissions that are unauthorised, excessive or that differ from that which the IB disclosed.

Client’s Warranties. CA14072020 00/00 Xxxxxxxxxx Xxxx Xxxxxx XX0X 0XX XX | +00 (0)00 0000 0000 | xxx.xxxxxx.xx.xx 19.1 You hereby represent and warrant (which representations and warranties shall be deemed to be repeated by you on each date on which a transaction is entered into under this Agreement) that: 19.1.1 You have full power and authority to execute and deliver this Agreement, each transaction and any other documentation relating thereto, and to perform your obligations under this Agreement and each transaction and have taken all necessary action to authorise such execution, delivery and performance; 19.1.2 Any such execution, delivery and performance will not violate or conflict with any law applicable to you, any provision of any constitutional documents or any charge, trust deed, contract or other instrument or any contractual restrictions applicable to, binding on or affecting you or any of your assets or oblige you to create any lien, security interest or encumbrance; 19.1.3 All governmental, regulatory and other consents that are required to have been obtained by you in relation to this Agreement have been so obtained and are in full force and effect and all conditions of any such consents have been complied with; 19.1.4 Your obligations under this Agreement constitute your legal, valid and binding obligations, enforceable in accordance with their respective terms; 19.1.5 You will comply with all laws, rules, regulations and disclosure requirements of any relevant jurisdiction, exchange, market or regulatory authority which apply in respect of us, you or your investments from time to time; 19.1.6 You will promptly give (or procure to be given) to us such information and assistance as we may reasonably require to enable us to assist or achieve compliance with any of the obligations mentioned in 19.4 in relation to your Account or the Services; 19.1.7 Where we provide you with an execution-only service you have the capacity to evaluate and understand the terms, condition and risks of each transaction (whether or not recommended by us) entered into hereunder and you are willing and able to accept those terms and conditions and to assume (financially and otherwise) those risks; 19.1.8 You are acting as principal in entering into this Agreement and each transaction hereunder; 19.1.9 Where an Event of Default occurs occurs, you will give us notice as soon as you become aware of such occurrence; and; 19.1.10 You will not pay to or provide us with any Assets which are subject to any security or lien other than the Security and liens created in our favour or otherwise contemplated under clause 13 and will not charge, assign or otherwise dispose of or create any interest in any of your rights or interest in any transaction or in any sum or other payment or assets held by us on your behalf.

Client’s Warranties. 19.1 You hereby represent and warrant (which representations and warranties shall be deemed to be repeated by you on each date on which a transaction is entered into under this Agreement) that: 19.1.1 You have full power and authority to execute and deliver this Agreement, each transaction and any other documentation relating thereto, and to perform your obligations under this Agreement and each transaction and have taken all necessary action to authorise such execution, delivery and performance; 19.1.2 Any such execution, delivery and performance will not violate or conflict with any law applicable to you, any provision of any constitutional documents or any charge, trust deed, contract or other instrument or any contractual restrictions applicable to, binding on or affecting you or any of your assets or oblige you to create any lien, security interest or encumbrance; 19.1.3 All governmental, regulatory and other consents that are required to have been obtained by you in relation to this Agreement have been so obtained and are in full force and effect and all conditions of any such consents have been complied with; 19.1.4 Your obligations under this Agreement constitute your legal, valid and binding obligations, enforceable in accordance with their respective terms; 19.1.5 You will comply with all laws, rules, regulations and disclosure requirements of any relevant jurisdiction, exchange, market or regulatory authority which apply in respect of us, you or your investments from time to time; 19.1.6 You will promptly give (or procure to be given) to us such information and assistance as we may reasonably require to enable enabling us to assist or achieve compliance with any of the obligations mentioned in 19.4 in relation to your Account or the Services; 19.1.7 Where we provide you with an execution-only service you have the capacity to evaluate and understand the terms, condition and risks of each transaction (whether or not recommended by us) entered into hereunder and you are willing and able to accept those terms and conditions and to assume (financially and otherwise) those risks; 19.1.8 You are acting as principal in entering into this Agreement and each transaction hereunder; 19.1.9 Where an Event of Default occurs occurs, you will give us notice as soon as you become aware of such occurrence; and 19.1.10 You will not pay to or provide us with any Assets which are subject to any security or lien other than the Security and liens created in our favour or otherwise contemplated under clause 13 and will not charge, assign or otherwise dispose of or create any interest in any of your rights or interest in any transaction or in any sum or other payment or assets held by us on your behalf.

Client’s Warranties. 19.1 18.1 You hereby represent and warrant (which representations and warranties shall be deemed to be repeated by you on each date on which a transaction Transaction is entered into under this Agreementthese Terms) that: 19.1.1 You 18.2.1 you have full power and authority to execute and deliver this Agreemententer into these Terms, each transaction Transaction and any other documentation relating thereto, and to perform your obligations there under this Agreement and each transaction and have taken all necessary action to authorise such execution, delivery and performanceTransaction; 19.1.2 Any such execution, delivery 18.2.2 you will be liable to us or our affiliated companies in respect of all obligations and performance liabilities arising from Transactions effected on your instructions; 18.2.3 entering into these Terms will not violate or conflict with any law applicable to you, any provision of or any constitutional documents or any charge, trust deed, contract or other instrument or any contractual restrictions applicable to, binding on or affecting you or any of your assets Assets or oblige you to create any lien, security interest or encumbrance; 19.1.3 All 18.2.4 all governmental, regulatory and other consents that are required to have been obtained by you in relation to this Agreement these Terms or any Transaction hereunder have been so obtained and are in full force and effect and all conditions of any such consents have been complied with; 19.1.4 Your obligations under this Agreement constitute your legal, valid and binding obligations, enforceable in accordance with their respective terms; 19.1.5 You 18.2.5 you will comply with all laws, rules, regulations and disclosure requirements of any relevant jurisdiction, exchange, market or regulatory authority which apply in respect of us, you or your investments from time to time; 19.1.6 You 18.2.6 you will promptly give (or procure to be given) to us such information and assistance as we may reasonably require to enable us to assist or achieve compliance with any of the our obligations mentioned in 19.4 in relation to your Account or the Services; 19.1.7 Where we provide 18.2.7 all investments to which these Terms apply are and will be so long as these Terms are in force, free from any impediment which would prevent any related Transactions between you with an execution-only service and us or our affiliated companies and are beneficially owned by you have or the capacity to evaluate and understand the terms, condition and risks of each transaction (whether person or not recommended by us) entered into hereunder and ultimate beneficiary on whose behalf you are willing and able to accept those terms and conditions and to assume (financially and otherwise) those risks; 19.1.8 You are acting as principal in entering into this Agreement and each transaction hereunder; 19.1.9 Where an Event of Default occurs you will give us notice as soon as you become aware of such occurrencedirectly or indirectly; and 19.1.10 You 18.2.8 all Assets furnished or deposited with GIS by or on your behalf are, or will not pay to or provide us with be, as the case may be, your sole and beneficial property and are free and clear of any Assets which are subject to any security or lien other than the Security and liens created in our favour or otherwise contemplated under clause 13 and will not chargepledge, assign or otherwise dispose of or create any interest in any of your rights or interest in any transaction or in any sum lien, charge or other payment encumbrance, or assets held by us on your behalfany attachment and that you are entitled to pledge all such Assets.

Client’s Warranties. 19.1 18.1 You hereby represent and warrant (which representations and warranties shall be deemed to be repeated by you on each date on which a transaction Transaction is entered into under this Agreementthese Terms) that: 19.1.1 You 18.2.1 you have full power and authority to execute and deliver this Agreemententer into these Terms, each transaction Transaction and any other documentation relating thereto, and to perform your obligations there under this Agreement and each transaction and have taken all necessary action to authorise such execution, delivery and performanceTransaction; 19.1.2 Any such execution, delivery 18.2.2 you will be liable to us or our affiliated companies in respect of all obligations and performance liabilities arising from Transactions effected on your instructions; 18.2.3 entering into these Terms will not violate or conflict with any law applicable to you, any provision of or any constitutional documents or any charge, trust deed, contract or other instrument or any contractual restrictions applicable to, binding on or affecting you or any of your assets Assets or oblige you to create any lien, security interest or encumbrance; 19.1.3 All 18.2.4 all governmental, regulatory and other consents that are required to have been obtained by you in relation to this Agreement these Terms or any Transaction hereunder have been so obtained and are in full force and effect and all conditions of any such consents have been complied with; 19.1.4 Your obligations under this Agreement constitute your legal, valid and binding obligations, enforceable in accordance with their respective terms; 19.1.5 You 18.2.5 you will comply with all laws, rules, regulations and disclosure requirements of any relevant jurisdiction, exchange, market or regulatory authority which apply in respect of us, you or your investments from time to time; 19.1.6 You 18.2.6 you will promptly give (or procure to be given) to us such information and assistance as we may reasonably require to enable us to assist or achieve compliance with any of the obligations mentioned in 19.4 Clause 17.4 above, in relation to your Account or the Services; 19.1.7 Where we provide you with an execution-only service you have the capacity to evaluate and understand the terms, condition and risks of each transaction (whether or not recommended by us) entered into hereunder and you are willing and able to accept those terms and conditions and to assume (financially and otherwise) those risks; 19.1.8 You are acting as principal in entering into this Agreement and each transaction hereunder; 19.1.9 Where an Event of Default occurs you will give us notice as soon as you become aware of such occurrence; and 19.1.10 You will not pay 18.3 all investments to or provide us with any Assets which these Terms apply are subject to any security or lien other than the Security and liens created in our favour or otherwise contemplated under clause 13 and will not chargebe so long as these Terms are in force, assign free from any impediment which would prevent any related Transactions between you and us or otherwise dispose our affiliated companies and are beneficially owned by you or the person or ultimate beneficiary on whose behalf you are acting directly or indirectly. 18.4 The Client: warrants to GIS that all Client’s Assets furnished or deposited with GIS by or on behalf of the Client are, or create will be, as the case may be, the sole and beneficial property of the Client free and clear of any interest in any of your rights or interest in any transaction or in any sum pledge, lien, charge or other payment encumbrance, or assets held by us on your behalfany attachment and that it is entitled to pledge the same.

Client’s Warranties. 19.1 25.1 You hereby represent and warrant (which representations and warranties shall be deemed to be repeated by you on each date on which a transaction is entered into under this Agreementthese Terms) that: 19.1.1 You 25.1.1 you have full power and authority to execute and deliver this Agreemententer into these Terms, each transaction and any other documentation relating thereto, and to perform your obligations under this Agreement thereunder and each transaction and have taken all necessary action to authorise such execution, delivery and performancetransaction; 19.1.2 Any such execution, delivery 25.1.2 you will be liable to Mirabaud in respect of all obligations and performance liabilities arising from transactions effected on your instructions; 25.1.3 entering these Terms or any transaction hereunder will not violate or conflict with any law applicable to you, any provision of or any constitutional documents or any charge, trust deed, contract or other instrument or any contractual restrictions applicable to, binding on or affecting you or any of your assets or oblige you to create any lien, security interest or encumbrance; 19.1.3 All 25.1.4 all governmental, regulatory and other consents that are required to have been obtained by you in relation to this Agreement these Terms or any transaction hereunder have been so obtained and are in full force and effect and all conditions of any such consents have been complied with; 19.1.4 Your obligations under this Agreement constitute your legal, valid and binding obligations, enforceable in accordance with their respective terms; 19.1.5 You 25.1.5 you will comply with all laws, rules, regulations and disclosure requirements of any relevant jurisdiction, exchange, market or regulatory authority which apply in respect of usMirabaud, you or your investments from time to time; 19.1.6 You 25.1.6 you will promptly give (or procure to be given) to us Mirabaud such information and assistance as we Mirabaud may reasonably require to enable us Mirabaud to assist or achieve compliance with any of the obligations mentioned its regulatory obligations; 25.1.7 all investments to which these Terms apply are, and will be so long as these Terms are in 19.4 in relation to your Account force, free from any impediment which would prevent any related transactions between you and Mirabaud and are beneficially owned by you or the Services; 19.1.7 Where we provide you with an execution-only service you have the capacity to evaluate and understand the terms, condition and risks of each transaction (whether person or not recommended by us) entered into hereunder and ultimate beneficiary on whose behalf you are willing and able to accept those terms and conditions and to assume (financially and otherwise) those risks; 19.1.8 You are acting as principal in entering into this Agreement and each transaction hereunder; 19.1.9 Where an Event of Default occurs you will give us notice as soon as you become aware of such occurrencedirectly or indirectly; and 19.1.10 You will not pay to 25.1.8 you or provide us any individual placing orders with any Assets which are subject to any security or lien other than the Security and liens created in our favour or otherwise contemplated under clause 13 and will not charge, assign or otherwise dispose of or create any interest in any of your rights or interest in any transaction or in any sum or other payment or assets held by us Mirabaud on your behalf, are not in possession of inside information which would or may affect your ability to lawfully abide by these Terms or enter into any transaction with Mirabaud.

Client’s Warranties. 19.1 18.1 You hereby represent and warrant (which representations and warranties shall be deemed to be repeated by you on each date on which a transaction is entered into under this Agreement) that: 19.1.1 18.1.1 You have full power and authority to execute and deliver this Agreement, each transaction and any other documentation relating thereto, and to perform your obligations under this Agreement and each transaction and have taken all necessary action to authorise such execution, delivery and performance; 19.1.2 18.1.2 Any such execution, delivery and performance will not violate or conflict with any law applicable to you, any provision of any constitutional documents or any charge, trust deed, contract or other instrument or any contractual restrictions applicable to, binding on or affecting you or any of your assets or oblige you to create any lien, security interest or encumbrance; 19.1.3 18.1.3 All governmental, regulatory and other consents that are required to have been obtained by you in relation to this Agreement have been so obtained and are in full force and effect and all conditions of any such consents have been complied with; 19.1.4 18.1.4 Your obligations under this Agreement constitute your legal, valid and binding obligations, enforceable in accordance with their respective terms; 19.1.5 18.1.5 You will comply with all laws, rules, regulations and disclosure requirements of any relevant jurisdiction, exchange, market or regulatory authority which apply in respect of us, you or your investments from time to time; 19.1.6 18.1.6 You will promptly give (or procure to be given) to us such information and assistance as we may reasonably require to enable us to assist or achieve compliance with any of the your obligations mentioned in 19.4 in relation to your Account or the Services; 19.1.7 18.1.7 Where we provide you with an execution-only service you have the capacity to evaluate and understand the terms, condition and risks of each transaction (whether or not recommended by us) entered into hereunder and you are willing and able to accept those terms and conditions and to assume (financially and otherwise) those risks; 19.1.8 18.1.8 You are acting as principal in entering into this Agreement and each transaction hereunder;; VARIANSE is a trading name of VDX Derivatives. VDX Derivatives is authorised and regulated by the Financial Services Commission (FSC) in the republic of Mauritius with License Number C118023323. Registered Address: 00 Xx Xxxxxxx Xxxxxx, Xxxx Xxxxx, Xxxxxxxxx. 19.1.9 18.1.9 Where an Event of Default occurs occurs, you will give us notice as soon as you become aware of such occurrence; and 19.1.10 18.1.10 You will not pay to or provide us with any Assets which are subject to any security or lien other than the Security and liens created in our favour or otherwise contemplated under clause 13 and will not charge, assign or otherwise dispose of or create any interest in any of your rights or interest in any transaction or in any sum or other payment or assets held by us on your behalf. 18.1.11 You hereby acknowledge and understand that VDX does not supervise the activities of introducing brokers (IB) and assumes no liability for any representations made by IB’s, which shall include but not be limited to, accuracy of trading programs, risk warnings or lack thereof, guarantees of profit or security of principal, or trading advice. VDX and IB’s are wholly separate and independent from one another. Any Agreement(s) between VDX and IB’s do not establish any form of joint venture or partnership and at no time are IBs agents or employees of VDX. If you were introduced to us by a third party, you acknowledge and agree that: a. you authorised the third party to introduce you to us and that we assume no responsibility whatsoever for the terms of any agreement between you and the third party or the lack thereof or any representation or conduct of the third party; b. a portion of the revenues generated from your Trades or of the charges paid by you to us may be given to the third party which may increase the overall cost of services to you, and that you can contact the third party or VDX for further information in this respect; c. any advice given to you regarding your Trading Account or your Trades by a third party is not given by us or on our behalf and we assume no responsibility whatsoever for any such advice; and x. the third party is an independent intermediary and does not act as an agent of ours or otherwise act on behalf of VDX. If you have been introduced to us by a third party, you acknowledge and agree to our exchanging your information with that person to the extent necessary for us to fulfil our obligations under any agreement we may have with that person. Such disclosure may result in our sharing financial and personal information about you including your application details, your Trading Account status and your trading activity. Should you no longer wish us to disclose information to such persons please notify us in writing. You hereby acknowledge and agree to contact VDX via email or telephone should he/she feel they are being charged commissions that are unauthorised, excessive or that differ from that which the IB disclosed.

Client’s Warranties. 19.1 18.1 You hereby represent and warrant (which representations and warranties shall be deemed to be repeated by you on each date on which a transaction is entered into under this Agreement) that: 19.1.1 18.1.1 You have full power and authority to execute and deliver this Agreement, each transaction and any other documentation relating thereto, and to perform your obligations under this Agreement and each transaction and have taken all necessary action to authorise such execution, delivery and performance; 19.1.2 18.1.2 Any such execution, delivery and performance will not violate or conflict with any law applicable to you, any provision of any constitutional documents or any charge, trust deed, contract or other instrument or any contractual restrictions applicable to, binding on or affecting you or any of your assets or oblige you to create any lien, security interest or encumbrance; 19.1.3 18.1.3 All governmental, regulatory and other consents that are required to have been obtained by you in relation to this Agreement have been so obtained and are in full force and effect and all conditions of any such consents have been complied with; 19.1.4 18.1.4 Your obligations under this Agreement constitute your legal, valid and binding obligations, enforceable in accordance with their respective terms; 19.1.5 18.1.5 You will comply with all laws, rules, regulations and disclosure requirements of any relevant jurisdiction, exchange, market or regulatory authority which apply in respect of us, you or your investments from time to time; 19.1.6 18.1.6 You will promptly give (or procure to be given) to us such information and assistance as we may reasonably require to enable us to assist or achieve compliance with any of the obligations mentioned in 19.4 in relation to your Account or the Services; 19.1.7 18.1.7 Where we provide you with an execution-only service you have the capacity to evaluate and understand the terms, condition and risks of each transaction (whether or not recommended by VARIANSE is a trading name of VDX Derivatives. VDX Derivatives is authorised and regulated by the Financial Services Commission (FSC) in the republic of Mauritius with License Number C118023323. Registered Address: 00 Xx Xxxxxxx Xxxxxx, Xxxx Xxxxx, Xxxxxxxxx. us) entered into hereunder and you are willing and able to accept those terms and conditions and to assume (financially and otherwise) those risks; 19.1.8 18.1.8 You are acting as principal in entering into this Agreement and each transaction hereunder; 19.1.9 18.1.9 Where an Event of Default occurs occurs, you will give us notice as soon as you become aware of such occurrence; and 19.1.10 18.1.10 You will not pay to or provide us with any Assets which are subject to any security or lien other than the Security and liens created in our favour or otherwise contemplated under clause 13 and will not charge, assign or otherwise dispose of or create any interest in any of your rights or interest in any transaction or in any sum or other payment or assets held by us on your behalf. 18.1.11 You hereby acknowledge and understand that VDX does not supervise the activities of introducing brokers (IB) and assumes no liability for any representations made by IB’s, which shall include but not be limited to, accuracy of trading programs, risk warnings or lack thereof, guarantees of profit or security of principal, or trading advice. VDX and IB’s are wholly separate and independent from one another. Any Agreement(s) between VDX and IB’s do not establish any form of joint venture or partnership and at no time are IBs agents or employees of VDX. If you were introduced to us by a third party, you acknowledge and agree that: a. you authorised the third party to introduce you to us and that we assume no responsibility whatsoever for the terms of any agreement between you and the third party or the lack thereof or any representation or conduct of the third party; b. a portion of the revenues generated from your Trades or of the charges paid by you to us may be given to the third party which may increase the overall cost of services to you, and that you can contact the third party or VDX for further information in this respect; c. any advice given to you regarding your Trading Account or your Trades by a third party is not given by us or on our behalf and we assume no responsibility whatsoever for any such advice; and x. the third party is an independent intermediary and does not act as an agent of ours or otherwise act on behalf of VDX. If you have been introduced to us by a third party, you acknowledge and agree to our exchanging your information with that person to the extent necessary for us to fulfil our obligations under any agreement we may have with that person. Such disclosure may result in our sharing financial and personal information about you including your application details, your Trading Account status and your trading activity. Should you no longer wish us to disclose information to such persons please notify us in writing. You hereby acknowledge and agree to contact VDX via email or telephone should he/she feel they are being charged commissions that are unauthorised, excessive or that differ from that which the IB disclosed.