Customer’s Acknowledgement. The Customer acknowledges that:
(a) RBC NextLogic and the RBC NextLogic Services are provided by Visa and the Terms of Use have been established solely by Visa, not Royal Bank;
(b) information collected by Visa in connection with the use of RBC NextLogic and the RBC NextLogic Services will be used in accordance with Visa’s privacy policy, accessible from the Terms of Use;
(c) the terms “Services”, “Visa Online” and “Visa Commercial Services” used in the Terms of Use have the same meaning as RBC NextLogic and RBC NextLogic Services;
(d) all information and data contained in RBC NextLogic remain the property of Royal Bank;
(e) Royal Bank is not in any way responsible for the availability of such RBC NextLogic Services at any time or their accuracy thereof;
(f) Royal Bank is not in any way responsible for the reliability or accuracy of any tax management tools available through RBC NextLogic and expressly disclaims all warranties in connection with any tax calculation, estimation or information provided by such tax management tools. Royal Bank does not provide tax, legal or accounting advice and the Customer should consult its own professional advisors before acting or relying on any tax-related information displayed in RBC NextLogic for tax reporting purposes;
(g) Royal Bank specifically disclaims any implied warranty of merchantability or fitness for a particular purpose of the RBC NextLogic Services;
(h) Royal Bank and Visa have entered into an agreement that allows Users who are also users of RBC Express® to access RBC NextLogic directly from RBC Express, using limited information from the User and relying mostly on the credentials provided by Royal Bank to access RBC Express (“Single Sign-On”), as opposed to requiring such Users to re-enter the separate credentials provided by Visa to access RBC NextLogic, provided such Users have successfully logged in to RBC NextLogic separately at least once; and
(i) Royal Bank is not responsible for any data integration (including accuracy of data, security of data and connecting different providers) between Visa and a third party software provider or any other endpoint (including the Customer), where applicable.
Customer’s Acknowledgement. Customer acknowledges (i) the inherent risks and responsibilities associated with conducting business via the internet and that there can be no assurance that inquiries or transaction activity will be completely secure, despite any security procedures established by us such as firewalls, passwords, and data encryption. Customer also understand that access to the Mobile App will not be free from delays, malfunctions, or other inconveniences generally associated with this electronic medium, and further agrees we are not responsible for any such delays, malfunctions, or inconveniences; (ii) Customer is responsible for maintaining all equipment required for its access to and use of the Account; and (iii) Customer authorizes Oxygen, the Bank, or any third party on Oxygen or Bank's behalf, to serve as agent in processing transaction instructions received from Customer via the internet, and to post such transactions to the Account. Customer will be solely responsible for the timeliness, accuracy and adequacy of the data entered as well as the completeness of any instruction entered.
Customer’s Acknowledgement. I/We hereby expressly acknowledge and agree to the following as express conditions of this Agreement in relation to any and all of the gold purchased in accordance with this Agreement (or such gold as may be purchased from time to time) under a MGIA and recorded therein as owing and due by the Bank to me/us:-
11.1 The Bank shall not be under any duty and/or liability in any circumstances to appropriate set aside and/or allot any gold for the time being from time to time held by the Bank to me/us and/or any of my/our MGIA and I/we shall have no right and at no time be entitled to demand and/or request such appropriation setting aside and/or allotment,
(a) The Bank shall not be deemed howsoever to be bailee and/or trustee of me/us in relation to any or all of the gold for the time being owing and due by the Bank to me/us in a MGIA. Further, the Bank shall be entitled to pool and mingle together any gold held by the Bank for the time being for convenience of safekeeping or otherwise and to deal with and dispose of at the Bank‟s sole and absolute discretion and for the Bank‟s own benefit any part or parts thereof not for the time being appropriated exclusively and specifically to my/our MGIA(s).
(b) I/We hereby acknowledge that, the Bank and/or the Bank‟s subsidiary or affiliate shall be entitled to retain all profit, commission, fee, benefit or other advantage from the sale or purchase of gold as provided for or in accordance with in this Agreement (whether specifically in relation to my/our MGIA(s) or otherwise) and the same shall accrue absolutely to the Bank and/or the Bank‟s subsidiary or affiliate (as the case may be).
11.3 The Bank‟s liability under this Agreement for any gold purchased by me/us and recorded as owing and due by the Bank to me/us in a MGIA shall be absolutely and conclusively discharged if you:
(a) in accordance with the provisions of this Agreement purchase back from me/us such gold; and
(b) pay and/or credit the proceeds thereof to the account of me/us as provided in Clause 16.
11.4 The operation of a MGIA shall be restricted to purchases from and sales to the Bank of gold under or through the MGIA concerned and if I/we wish to close the same, I/we am/are only entitled so to do by selling all the gold therein to the Bank at the purchase price as shall be quoted by the Bank at the time of such sale and receiving the proceeds of sale thereof in Malaysian Ringgit in accordance with the provisions hereof.
Customer’s Acknowledgement. I/We hereby expressly acknowledge and agree to the following as express conditions of this Agreement in relation to any and all of the gold purchased in accordance with this Agreement (or such gold as may be purchased from time to time) under a MGIA and recorded therein as owing and due by you to me/us:-
Customer’s Acknowledgement. The Customer acknowledges that the Deliverables are purchased relying solely upon the Customer’s skill and judgment and not on Eagle’s representations or other conduct. The purpose of this clause 9.7 is to expressly contract out of the Fair Trading Act 1986 to the maximum extent possible, and the parties agree that it is fair and reasonable to do so.
Customer’s Acknowledgement. 15.1 Federal legislation relating to the National Broadband Network imposes significant penalties on carriers that extend fixed networks to provide broadband services to residential and small business custom- ers. The penalties exceed $2 million and limit a carrier’s ongoing ability to operate its business. A ‘small business’ is defined as a self-employed person carrying on a business (such as a sole trader) or a business that employs less than 15 people not including casual employees unless employed on a regular and systematic basis. Interphone is unable to Information is current as of 30/07/2019 & is subject to change without notice. Page 5 provide Interphone Fibre Services to residential and small business cus- tomers who are situated outside the Interphone Fibre Services Network Footprint. Accordingly, the Customer:
a) warrants that it is not a residential or small business customer
b) agrees that Interphone may suspend or terminate the Interphone Fibre Service immediately, without notice and without liability to the Customer if it has reason to believe that the Customer is a residen- tial or small business customer;
c) agrees to inform Interphone immediately if its situation may or does change and it becomes or may become a residential or small busi- ness customer; and
d) indemnifies Interphone for any loss, claim, or damage that Inter- phone suffers or incurs in connection with a breach by the Cus- tomer of the warranty in paragraph (a) regardless of any fault or negligence on the part of Interphone.
Customer’s Acknowledgement. (a) The Customer acknowledges and agrees that CPC‟s obligation to deliver water under this Agreement is subject to the Customer being registered as the holder of at least 5,000 Shares.
(b) The Customer further acknowledges that the Customer will need to hold a water licence or other legal entitlement with sufficient water (taking) allocation or equivalent to draw River Xxxxxx Water via the CPC Pipeline.
Customer’s Acknowledgement. 17.1 Federal legislation relating to the National Broadband Network imposes significant penalties on carriers that extend fixed networks to provide broadband services to residential and small business customers. The penalties exceed $2,000,000 and limit a carrier’s ongoing ability to operate its business. A ‘small business’ is defined as a self-employed person carrying on a business (such as a sole trader) or a business that employs less than fifteen (15) people not including casual employees unless employed on a regular and systematic basis.
17.2 Sat One Global is unable to provide Sat One Global Fibre Services to residential and small business customers who are situated outside the Sat One Global Fibre Services Network Footprint. Accordingly, the Customer:
(a) warrants that it is not a residential or small business customer;
(b) agrees that Sat One Global may suspend or terminate the Sat One Global Fibre Service immediately, without notice and without liability to the Customer if it has reason to believe that the Customer is a residential or small business customer;
(c) agrees to inform Xxx One Global immediately if its situation may or does change and it becomes or may become a residential or small business customer; and
(d) indemnifies Sat One Global for any loss, claim, or damage that Sat One Global suffers or incurs in connection with a breach by the Customer of the warranty in paragraph 17.2(a) regardless of any fault or negligence on the part of Sat One Global.
Customer’s Acknowledgement. Customer acknowledges that the Software in general is not free of errors or defects and agree that the existence of any errors or defects will not constitute a breach of this Agreement.
Customer’s Acknowledgement. 13.1 I acknowledge and agree that: -
13.1.1 The Bank will not be under any duty and/or liability in any circumstances to deliver physically any or all of the gold so purchased to me (whether in Malaysia or anywhere in the world) and I am not entitled to demand and/or request on such delivery.
13.1.2 The Bank will not be under any duty and/or liability in any circumstances to appropriate, set aside and/or allot any gold for the time being and from time to time held by the Bank to me and I am not entitled to demand and/or request on such appropriation, setting aside and/or allotment.
13.1.3 The Bank will not be deemed howsoever to be a bailee and/or trustee for me in relation to any or all of the gold for the time being due and owing by the Bank to me under the GIA via CIMB Clicks.
13.1.4 If I wish to sell the gold in the GIA via CIMB Clicks, the Bank will absolutely and conclusively be deemed to have discharged all its obligations under this Agreement when the Bank:
(a) purchases the gold from me; and
(b) pays and/or credits the proceeds of the sale as provided for in Clause 11.1 above.
13.1.5 The operation of the GIA via CIMB Clicks shall be restricted to purchases of gold from the Bank and sales of gold to the Bank through the GIA via CIMB Clicks and if I wish to close the same, I will be entitled to do so by selling all the gold therein to the Bank at the buying price and it will be quoted by the Bank at the time of such sale and receiving the proceeds of sale in Ringgit Malaysia in accordance with the provisions stated in this Agreement.
13.1.6 The details and particulars completed by me in the forms prescribed by the Bank to purchase gold from the Bank, to sell gold in the GIA via CIMB Clicks to the Bank and/or the details or particulars recorded in the GIA via CIMB Clicks and/or the Designated Affiliate Account shall be accepted by me as conclusive evidence of the particulars contained therein including but not limited to particulars relating to the date and quantity of gold purchased or sold.
13.1.7 The maximum amount of gold that I can sell at any time should be limited to the actual balance of the gold at the time being held in the GIA via CIMB Clicks and subject to the minimum quantity of gold required to be maintained in the GIA via CIMB Clicks as prescribed under clause 7.6 above. If I sell all my gold in the GIA via CIMB Clicks, the GIA via CIMB Clicks will be closed in accordance with Clause 16 of this Agreement.
13.1.8 That no gold bullion of...
