Communications and Instructions. 3.1 Opening of Accounts You authorise us, in our absolute discretion, to open and/or maintain an Account in your name and at any time subsequently to open such further Account of whatever nature in your name as you may direct or as we may in our absolute discretion deem fit. Unless otherwise agreed by us in writing, this Agreement shall apply to each such Account.
Communications and Instructions. 3.1 As our client, we may communicate with you at any time, including, when appropriate by telephone. If as a result of any unsolicited communication, you enter into any investment transaction you will not have the right under Section 30 of the FSMA to treat such investment transaction as unenforceable. We may record any phone conversations between you and us without your knowledge. These recordings are our property and we may use them in evidence if there is a dispute or for any other reasonable matter.
3.2 We will only accept specific and clear instructions and notifications in relation to investments we hold on your behalf (your "Account") if we receive the instructions from:
(a) you; or
(b) from a person, you have previously told us has the authority to give instructions on your behalf, via a duly signed Power of Attorney. These instructions may be given electronically using the website, by phone, fax, in writing or by communicating with us via your Account mailbox. We will not be obliged to act on any instruction and in particular we will not act on any instruction where it is against any Law to do so. Where we do act on your instructions we will do so as soon as reasonably practicable once we have received them.
3.3 We may act on any instruction or other notification which we believe in good faith is from you without carrying out any further checks or investigations. We will not be liable for following an instruction or notification which is not in fact genuine or for not following or for investigating further any instruction or notification we believe may not be genuine. We will not be liable for any error of transmission or misunderstanding, or for the fraud of any other party (except in the case of our negligence, wilful default or fraud as described in Condition 21 of these Terms and Conditions). We are not obliged to acknowledge receipt of your instructions but will do our best to do so.
3.4 We shall send out all notices, information and other correspondence to you by email at the email address that you specify, or any other email address as you may designate in your personal profile on the Website (“Profile“) from time to time. In the event any notice, information or other correspondence is sent to you via letter, such letter will be sent to the postal address that you gave us, or such postal address as you may later designate in your Profile, and will be deemed to be delivered on the second business day after posting.
3.5 We may record and mon...
Communications and Instructions. (a) The Parties hereby agree that all instructions, notices, requests, responses, and any other communications required or permitted to be given pursuant to the provisions of this Trust Agreement shall be in writing and shall be effective upon receipt by Vista, the Managing Director and the Trustee at the addresses indicated by the Parties in this Trust Agreement. The aforementioned instructions may be sent by any of the means previously agreed upon by the Parties, which may be: autographed original delivered directly to the addresses mentioned; by certified mail, with acknowledgment of receipt, through a private courier service of immediate delivery (for example, DHL, UPS or Federal Express), or if applicable, by means of communications transmitted via fax or e-mail, provided that the latter is accompanied by the instructions in PDF duly signed by the Managing Director, and that there is the corresponding acknowledgment of receipt; and any other alternative means of communication, provided that the provisions of this Section are observed.
(b) For purposes of the notices and instructions given to the Trustee pursuant to this Trust Agreement, the form of identification and operation of the Trust shall be through the Trust agreement number and the authorized and duly registered signature or signatures of the person or persons requesting any transaction or service, which shall be contained in the instructions given to the Trustee.
(c) The Parties acknowledge and agree that the Trustee shall be empowered to execute on business days and hours, solely and exclusively, the instructions given in accordance with this Trust Agreement and the security procedures mentioned above.
(d) The Trustee reserves the right to request from the Managing Director, Vista or the person issuing the instruction in question, the signed original of the document containing the instruction in question, as well as all the relevant documents, and all the information required for the execution of the instruction, as well as all clarifications that it deems pertinent with respect to the instructions given to it, because it considers them to be confusing, imprecise and/or because they do not conform to the purposes of this Trust, or because they cannot be fulfilled within the time indicated in the respective instruction.
Communications and Instructions. 8.1 Except as otherwise provided in this Agreement, any notice or communication under or in connection with this Agreement shall be made through an Authenticated Message. Any such notice or communication shall be deemed to be duly given or made at the time the Authenticated Message is received, provided that any Authenticated Message sent by post shall be deemed to have been received 4 (four) Business Days after it has been mailed.
8.2 CBL shall be entitled to act only on the instructions or notices given, or purporting to be given, by the Customer and/or as the case may be, by CBF, via an Authenticated Message which CBL reasonably believes to be genuine and to have been presented by an Authorised Person. Without limiting the generality of the foregoing, CBL shall not be required to inquire into the due authority of any such person.
8.3 Any Authenticated Message, notwithstanding any error in the transmission thereof or notwithstanding the fact that such instructions may not be genuine, shall be conclusively deemed to be valid instructions from the Customer or CBF to CBL for the purposes of this Agreement, if reasonably believed by CBL to be genuine. The Customer or CBF shall be liable for any error it has made in composing or transmitting an instruction to CBL. CBL shall not be liable
8.4 Subject to 8.2, the Customer and CBF hereby authorises CBL to act in accordance with instructions given, or purported to be given on its behalf by any person designated in writing from time to time as an Authorised Person. Until receipt by CBL of an Authenticated Message from the Customer or CBF that such person is no longer so designated, CBL may continue to act pursuant to such instructions on the Customer or CBF behalf under this Agreement and the provisions of 8.2 shall apply to any instructions given, or purporting to be given, by any such person as if such instructions were given by the Customer or CBF itself.
8.5 Each Party may by notice to be given by an Authenticated Message change the address details at which notices or other communications are to be given to it in connection with this Agreement.
8.6 In the event that the Authenticated Messages communication system through which communications are made under or in connection with this Agreement is not operating or any notice or communication cannot be made through such Authenticated Message communication system for whatever reason, then any notice or communication under or in connection with this Agreement shall...
Communications and Instructions. 9.1 Any request or instructions given by the Customer, any Cardholder, and/or any Card Administrator to us shall be in writing and duly authorised. We may but shall not be obliged to accept and act on any instruction or request which is believed by our officer or employee attending to such instruction or request to have been given or made or authorised by the Customer, Cardholder, and/or any Card Administrator. Notwithstanding that such instruction or request may not have been given or made or authorised by the Customer, Cardholder, and/or any Card Administrator and notwithstanding any fraud that may exist in relation thereto, we shall not be liable for any loss or damage suffered as a consequence of its acting on or acceding to any such instruction or request.
9.2 The Customer, Cardholders, and/or Card Administrators shall each provide us with written notice of any change in any of their respective particulars.
9.3 Any Card (regardless whether issued pursuant to an application or issued in renewal or replacement of any Card), Billing Statement, notice (including notification of any PIN or Security Procedure assigned to any Card or Cardholder, and of any amendments to this Agreement), demand, document (including but not limited to service of any originating process relating to or by which any legal proceedings against the Customer and/or any Cardholder is commenced by us) or any other correspondence, may be sent to or served, whether in Singapore or overseas, on the Customer, any Cardholder, and/or any Card Administrator by leaving it at or by posting it to or dispatching it by facsimile transmission, electronic mail or other Internet or online communication channels (which may include without limitation messages sent to the Specified Address or to user account(s) which we determine to be associated with such person via postings, messaging or chat systems on social media or other online services).
9.4 Any such Card, statement, notice, demand, document or any other correspondence so left at or sent or despatched to the Customer, any Cardholder and/or any Card Administrator shall be effective and deemed to have been received by the Customer, all Cardholders, and all Card Administrators:
(a) if it is delivered by hand, when it was left at the Specified Address;
(b) if by post, on the day immediately following the date of despatch; or
(c) if sent by facsimile transmission, electronic mail or through the aforesaid Internet communication channels, immediately on...
