Dealing Practice. 5.1 Any day order for purchase or sale of Securities placed by the Client that has not been executed before the close of trading hours of the relevant Exchange or such other expiration date required by the Exchange or such other later time as the Client and WLSL may agree shall be deemed to have been cancelled automatically. 5.2 The Client authorises WLSL, at any time and at WLSL’s absolute discretion, for the purpose of obtaining a better execution price and/or reducing the volume of instructions, to consolidate and/or disaggregate the Client’s Instructions to purchase and/or sell Securities on the Client’s behalf with similar instructions received from WLSL’s other Clients, provided that such consolidation or disaggregation shall not result in the execution of the Instructions at a price less favourable than could have been achieved had the Instructions been executed individually, and provided further that, in the event of there being insufficient Securities available to satisfy purchase orders so consolidated, the number of Securities actually purchased shall be given to each individual Instruction in the order in which those orders were received by WLSL. 5.3 The Client acknowledges that due to the trading practices of the Exchange or other markets in which Transactions are executed, it may not always be able to execute orders at the prices quoted “at best” or “of market” and the Client agrees in any event to be bound by Transactions executed by WLSL following Instructions given by the Client. 5.4 Subject to applicable laws and regulations and market requirements, WLSL may in its absolute discretion determine the priority in the execution of its Clients’ orders, having due regard to the sequence in which such orders were received, and the Client shall not have any claim of priority to another Client in relation to the execution of any order received by WLSL. 5.5 Unless otherwise agreed, in respect of each Transaction, unless WLSL is already holding cash or Securities on the Client’s behalf to settle the Transactions, the Client shall pay WLSL cleared funds (including payment in a currency other than Hong Kong dollars) or deliver to WLSL Securities which are fully paid with valid and good title and in deliverable form by such time as WLSL has notified the Client in relation to the Transactions. The Client shall be responsible to WLSL for any losses and expenses resulting from the Client’s settlement failures. 5.6 The Account shall be in Hong Kong dollars or such other currencies as WLSL may agree from time to time with the Client. In the event that the Client instructs WLSL to effect any Transactions in a currency other than Hong Kong dollars, any profit or loss arising as a result of fluctuation in the exchange rate of the relevant currencies will be for the account of the Client solely. Any conversion from one currency into another required to be made for performing any action or step taken by WLSL under this Agreement may be effected by WLSL in such manner and at such time as it may in its absolute discretion decide. 5.7 The Client acknowledges that telephone calls or other forms of communication between the Client and WLSL may be recorded or otherwise electronically monitored without any warning messages and that the record may be used as final and conclusive evidence of the Instructions in case of disputes. The Client agrees that WLSL has full right in owning and using such records. 5.8 If WLSL engages the service of Correspondent Agent, WLSL shall be entitled to accept and keep, for its own account, any commission or rebate which WLSL may receive in respect of any business WLSL has introduced to the Correspondent Agent in respect of the Transactions effected in accordance with Instructions from the Client. 5.9 The Client acknowledges the following: (a) all transactions for the Account shall be subject to the relevant constitution, rules, regulations, by-laws, customs and usages, as amended from time to time, of SEHK, or such other Exchanges or over-the-counter markets and HKSCC or such other Clearing Houses in or outside Hong Kong and of the laws of Hong Kong and other places in which WLSL is dealing on the Client’s behalf, as amended from time to time; (b) the Rules of SEHK and HKSCC, in particular those rules which relate to trading and settlement, shall be binding on both the Client and WLSL in respect of transactions concluded on the instructions of the Client. 5.10 The Client acknowledges and agrees that: (a) the price of Securities and the income from them (if applicable) can and does fluctuate and any individual Security may experience upward or downward movements and may even become valueless. There is an inherent risk that losses may be incurred rather than profit made as a result of buying and selling securities; (b) the actual bid and offer prices of any Transaction will be determined at the time when such Transaction is effected and any figures which may have been quoted by WLSL or its representatives at any time for the purpose of such Transaction are indicative only; (c) prices of Securities listed on the Hong Kong Stock Exchange are provided by SEHK and prices of Funds are provided by the related fund houses. While WLSL and its market information providers endeavour to ensure the accuracy and reliability of the prices quoted, no guarantee as to their accuracy is given and to the extent permitted by applicable law, no liability (whether in tort or contract or otherwise) is accepted for any loss or damages arising from any inaccuracies or omissions; (d) any price of any Security quoted by WLSL in response to any enquiry by the Client is for reference only and shall not be binding on WLSL or any of its market information providers. WLSL shall be entitled to act on any Instruction for the sale and purchase of any Security even if the price of such Security has altered to the disadvantages of the Client between the time of WLSL’s receipt of such Instruction and the time at which WLSL or its agent completes any such sale or purchase. 5.11 If the Client has obtained quotes of the prices of any Securities from WLSL, it shall not: (a) disseminate such quotes (or any part thereof) to any other person; (b) use or permit the use of such quotes (or any part thereof) for any illegal purpose; (c) use such quotes (or any part thereof) other than for the Client's own use; or (d) use such quotes (or any part thereof) in relation to any trading or dealing of Securities otherwise than through WLSL.
Appears in 7 contracts
Samples: Securities Account Agreement, Client Securities Account Agreement, Client Securities Account Agreement
Dealing Practice. 5.1 Any day order for purchase or sale of Securities placed by the Client that has not been executed before the close of trading hours of the relevant Exchange or such other expiration date required by the Exchange or such other later time as the Client and WLSL WLIS may agree shall be deemed to have been cancelled automatically.
5.2 The Client authorises WLSLWLIS, at any time and at WLSLWLIS’s absolute discretion, for the purpose of obtaining a better execution price and/or reducing the volume of instructions, to consolidate and/or disaggregate the Client’s Instructions to purchase and/or sell Securities on the Client’s behalf with similar instructions received from WLSLWLIS’s other Clients, provided that such consolidation or disaggregation shall not result in the execution of the Instructions at a price less favourable than could have been achieved had the Instructions been executed individually, and provided further that, in the event of there being insufficient Securities available to satisfy purchase orders so consolidated, the number of Securities actually purchased shall be given to each individual Instruction in the order in which those orders were received by WLSLWLIS.
5.3 The Client acknowledges that due to the trading practices of the Exchange or other markets in which Transactions are executed, it may not always be able to execute orders at the prices quoted “at best” or “of market” and the Client agrees in any event to be bound by Transactions executed by WLSL WLIS following Instructions given by the Client.
5.4 Subject to applicable laws and regulations and market requirements, WLSL WLIS may in its absolute discretion determine the priority in the execution of its Clients’ orders, having due regard to the sequence in which such orders were received, and the Client shall not have any claim of priority to another Client in relation to the execution of any order received by WLSLWLIS.
5.5 Unless otherwise agreed, in respect of each Transaction, unless WLSL WLIS is already holding cash or Securities on the Client’s behalf to settle the Transactions, the Client shall pay WLSL WLIS cleared funds (including payment in a currency other than Hong Kong dollars) or deliver to WLSL WLIS Securities which are fully paid with valid and good title and in deliverable form by such time as WLSL WLIS has notified the Client in relation to the Transactions. The Client shall be responsible to WLSL WLIS for any losses and expenses resulting from the Client’s settlement failures.
5.6 The Account shall be in Hong Kong dollars or such other currencies as WLSL WLIS may agree from time to time with the Client. In the event that the Client instructs WLSL WLIS to effect any Transactions in a currency other than Hong Kong dollars, any profit or loss arising as a result of fluctuation in the exchange rate of the relevant currencies will be for the account of the Client solely. Any conversion from one currency into another required to be made for performing any action or step taken by WLSL WLIS under this Agreement may be effected by WLSL WLIS in such manner and at such time as it may in its absolute discretion decide.
5.7 The Client acknowledges that telephone calls or other forms of communication between the Client and WLSL WLIS may be recorded or otherwise electronically monitored without any warning messages and that the record may be used as final and conclusive evidence of the Instructions in case of disputes. The Client agrees that WLSL WLIS has full right in owning and using such records.
5.8 If WLSL WLIS engages the service of Correspondent Agent, WLSL WLIS shall be entitled to accept and keep, for its own account, any commission or rebate which WLSL WLIS may receive in respect of any business WLSL WLIS has introduced to the Correspondent Agent in respect of the Transactions effected in accordance with Instructions from the Client.
5.9 The Client acknowledges the following:
(a) all transactions for the Account shall be subject to the relevant constitution, rules, regulations, by-laws, customs and usages, as amended from time to time, of SEHK, or such other Exchanges or over-the-counter markets and HKSCC or such other Clearing Houses in or outside Hong Kong and of the laws of Hong Kong and other places in which WLSL WLIS is dealing on the Client’s behalf, as amended from time to time;
(b) the Rules of SEHK and HKSCC, in particular those rules which relate to trading and settlement, shall be binding on both the Client and WLSL WLIS in respect of transactions concluded on the instructions of the Client.
5.10 The Client acknowledges and agrees that:
(a) the price of Securities and the income from them (if applicable) can and does fluctuate and any individual Security may experience upward or downward movements and may even become valueless. There is an inherent risk that losses may be incurred rather than profit made as a result of buying and selling securities;
(b) the actual bid and offer prices of any Transaction will be determined at the time when such Transaction is effected and any figures which may have been quoted by WLSL WLIS or its representatives at any time for the purpose of such Transaction are indicative only;
(c) prices of Securities listed on the Hong Kong Stock Exchange are provided by SEHK and prices of Funds are provided by the related fund houses. While WLSL WLIS and its market information providers endeavour to ensure the accuracy and reliability of the prices quoted, no guarantee as to their accuracy is given and to the extent permitted by applicable law, no liability (whether in tort or contract or otherwise) is accepted for any loss or damages arising from any inaccuracies or omissions;
(d) any price of any Security quoted by WLSL WLIS in response to any enquiry by the Client is for reference only and shall not be binding on WLSL WLIS or any of its market information providers. WLSL WLIS shall be entitled to act on any Instruction for the sale and purchase of any Security even if the price of such Security has altered to the disadvantages of the Client between the time of WLSLWLIS’s receipt of such Instruction and the time at which WLSL WLIS or its agent completes any such sale or purchase.
5.11 If the Client has obtained quotes of the prices of any Securities from WLSLWLIS, it shall not:
(a) disseminate such quotes (or any part thereof) to any other person;
(b) use or permit the use of such quotes (or any part thereof) for any illegal purpose;
(c) use such quotes (or any part thereof) other than for the Client's own use; or
(d) use such quotes (or any part thereof) in relation to any trading or dealing of Securities otherwise than through WLSLWLIS.
Appears in 1 contract
Samples: Securities Account Agreement
Dealing Practice. 5.1 Any day order for purchase or sale of Securities placed by the Client Customer that has not been executed before the close of trading hours of the relevant Exchange or such other expiration date required by the Exchange or such other later time as the Client Customer and WLSL CMSHK may agree shall be deemed to have been cancelled automatically.
5.2 The Client Customer authorises WLSLCMSHK, at any time and at WLSLCMSHK’s absolute discretion, for the purpose of obtaining a better execution price and/or reducing the volume of instructions, to consolidate and/or disaggregate the ClientCustomer’s Instructions to purchase and/or sell Securities on the ClientCustomer’s behalf with similar instructions received from WLSLCMSHK’s other Clientscustomers, provided that such consolidation or disaggregation shall not result in the execution of the Instructions at a price less favourable than could have been achieved had the Instructions been executed individually, and provided further that, in the event of there being insufficient Securities available to satisfy purchase orders so consolidated, the number of Securities actually purchased shall be given to each individual Instruction in the order in which those orders were received by WLSLCMSHK.
5.3 The Client Customer acknowledges that due to the trading practices of the Exchange or other markets in which Transactions are executed, it may not always be able to execute orders at the prices quoted “at best” or “of market” and the Client Customer agrees in any event to be bound by Transactions executed by WLSL CMSHK following Instructions given by the ClientCustomer.
5.4 Subject to applicable laws and regulations and market requirements, WLSL CMSHK may in its absolute discretion determine the priority in the execution of its Clientscustomers’ orders, having due regard to the sequence in which such orders were received, and the Client Customer shall not have any claim of priority to another Client customer in relation to the execution of any order received by WLSLCMSHK.
5.5 Unless otherwise agreed, in respect of each Transaction, unless WLSL CMSHK is already holding cash or Securities on the ClientCustomer’s behalf to settle the Transactions, the Client Customer shall pay WLSL CMSHK cleared funds (including payment in a currency other than Hong Kong dollars) or deliver to WLSL CMSHK Securities which are fully paid with valid and good title and in deliverable form by such time as WLSL CMSHK has notified the Client Customer in relation to the Transactions. The Client Customer shall be responsible to WLSL CMSHK for any losses and expenses resulting from the ClientCustomer’s settlement failures.
5.6 The Account shall be in Hong Kong dollars or such other currencies as WLSL CMSHK may agree from time to time with the ClientCustomer. In the event that the Client Customer instructs WLSL CMSHK to effect any Transactions in a currency other than Hong Kong dollars, any profit or loss arising as a result of fluctuation in the exchange rate of the relevant currencies will be for the account of the Client Customer solely. Any conversion from one currency into another required to be made for performing any action or step taken by WLSL CMSHK under this Agreement may be effected by WLSL CMSHK in such manner and at such time as it may in its absolute discretion decide.
5.7 The Client Customer acknowledges that telephone calls or other forms of communication between the Client Customer and WLSL CMSHK may be recorded or otherwise electronically monitored without any warning messages and that the record may be used as final and conclusive evidence of the Instructions in case of disputes. The Client agrees that WLSL has full right in owning and using such recordsofdisputes.
5.8 If WLSL CMSHK engages the service of Correspondent Agent, WLSL CMSHK shall be entitled to accept and keep, for its own account, any commission or rebate which WLSL CMSHK may receive in respect of any business WLSL CMSHK has introduced to the Correspondent Agent in respect of the Transactions effected in accordance with Instructions from the ClientCustomer.
5.9 The Client Customer acknowledges the following:
(a) all transactions for the Account shall be subject to the relevant constitution, rules, regulations, by-laws, customs and usages, as amended from time to time, of SEHK, or such other Exchanges or over-the-counter markets and HKSCC or such other Clearing Houses in or outside Hong Kong and of the laws of Hong Kong and other places in which WLSL CMSHK is dealing on the ClientCustomer’s behalf, as amended from time to time;
(b) the Rules of SEHK and HKSCC, in particular those rules which relate to trading and settlement, shall be binding on both the Client Customer and WLSL CMSHK in respect of transactions concluded on the instructions of the ClientCustomer.
5.10 The Client Customer acknowledges and agrees that:
(a) the price of Securities and the income from them (if applicable) can and does fluctuate and any individual Security may experience upward or downward movements and may even become valueless. There is an inherent risk that losses may be incurred rather than profit made as a result of buying and selling securities;
(b) the actual bid and offer prices of any Transaction will be determined at the time when such Transaction is effected and any figures which may have been quoted by WLSL CMSHK or its representatives at any time for the purpose of such Transaction are indicative only;
(c) prices of Securities listed on the Hong Kong Stock Exchange are provided by SEHK and prices of Funds are provided by the related fund houses. While WLSL CMSHK and its market information providers endeavour to ensure the accuracy and reliability of the prices quoted, no guarantee as to their accuracy is given and to the extent permitted by applicable law, no liability (whether in tort or contract or otherwise) is accepted for any loss or damages arising from any inaccuracies or omissions;
(d) any price of any Security quoted by WLSL CMSHK in response to any enquiry by the Client Customer is for reference only and shall not be binding on WLSL CMSHK or any of its market information providers. WLSL CMSHK shall be entitled to act on any Instruction for the sale and purchase of any Security even if the price of such Security has altered to the disadvantages of the Client Customer between the time of WLSLCMSHK’s receipt of such Instruction and the time at which WLSL CMSHK or its agent completes any such sale or purchase.
5.11 If the Client Customer has obtained quotes of the prices of any Securities from WLSLCMSHK, it shall not:
(a) disseminate such quotes (or any part thereof) to any other person;
(b) use or permit the use of such quotes (or any part thereof) for any illegal purpose;
(c) use such quotes (or any part thereof) other than for the ClientCustomer's own use; or
(d) use such quotes (or any part thereof) in relation to any trading or dealing of Securities otherwise than through WLSLCMSHK.
Appears in 1 contract
Samples: Securities Account Agreement
Dealing Practice. 5.1 Any day order for purchase or sale of Securities placed by the Client Customer that has not been executed before the close of trading hours of the relevant Exchange or such other expiration date required by the Exchange or such other later time as the Client Customer and WLSL CMSHK may agree shall be deemed to have been cancelled automatically.
5.2 The Client Customer authorises WLSLCMSHK, at any time and at WLSLCMSHK’s absolute sole discretion, for the purpose of obtaining a better execution price and/or reducing the volume of instructions, to consolidate and/or disaggregate the ClientCustomer’s Instructions to purchase and/or sell Securities on the ClientCustomer’s behalf with similar instructions received from WLSLCMSHK’s other Clientscustomers, provided that such consolidation or disaggregation shall not result in the execution of the Instructions at a price less favourable than could have been achieved had the Instructions been executed individually, and provided further that, in the event of there being insufficient Securities available to satisfy purchase orders so consolidated, the number of Securities actually purchased shall be given to each individual Instruction in the order in which those orders were received by WLSLCMSHK.
5.3 The Client Customer acknowledges that due to the trading practices of the Exchange or other markets in which Transactions are executed, it may not always be able to execute orders at the prices quoted “at best” or “of market” and the Client Customer agrees in any event to be bound by Transactions executed by WLSL CMSHK following Instructions given by the ClientCustomer.
5.4 Subject to applicable laws and regulations and market requirements, WLSL CMSHK may in its absolute sole discretion determine the priority in the execution of its Clientscustomers’ orders, having due regard to the sequence in which such orders were received, and the Client Customer shall not have any claim of priority to another Client customer in relation to the execution of any order received by WLSLCMSHK.
5.5 Unless otherwise agreed, in respect of each Transaction, unless WLSL CMSHK is already holding cash or Securities on the ClientCustomer’s behalf to settle the Transactions, the Client Customer shall pay WLSL CMSHK cleared funds (including payment in a currency other than Hong Kong dollars) or deliver to WLSL CMSHK Securities which are fully paid with valid and good title and in deliverable form by such time as WLSL CMSHK has notified the Client Customer in relation to the Transactions. The Client Customer shall be responsible to WLSL CMSHK for any losses and expenses resulting from the ClientCustomer’s settlement failures.
5.6 The Account shall be in Hong Kong dollars or such other currencies as WLSL CMSHK may agree from time to time with the ClientCustomer. In the event that the Client Customer instructs WLSL CMSHK to effect any Transactions in a currency other than Hong Kong dollars, any profit or loss arising as a result of fluctuation in the exchange rate of the relevant currencies will be for the account of the Client Customer solely. Any conversion from one currency into another required to be made for performing any action or step taken by WLSL CMSHK under this Agreement may be effected by WLSL CMSHK in such manner and at such time as it may in its absolute sole discretion decide.
5.7 The Client Customer acknowledges that telephone calls or other forms of communication between the Client Customer and WLSL CMSHK may be recorded or otherwise electronically monitored without any warning messages and that the record may be used as final and conclusive evidence of the Instructions in case of disputes. The Client agrees that WLSL has full right in owning and using such recordsofdisputes.
5.8 If WLSL CMSHK engages the service of Correspondent Agent, WLSL CMSHK shall be entitled to accept and keep, for its own account, any commission or rebate which WLSL CMSHK may receive in respect of any business WLSL CMSHK has introduced to the Correspondent Agent in respect of the Transactions effected in accordance with Instructions from the ClientCustomer.
5.9 The Client Customer acknowledges the following:
(a) all transactions for the Account shall be subject to the relevant constitution, rules, regulations, by-laws, customs and usages, as amended from time to time, of SEHK, or such other Exchanges or over-the-counter markets and HKSCC or such other Clearing Houses in or outside Hong Kong and of the laws of Hong Kong and other places in which WLSL CMSHK is dealing on the ClientCustomer’s behalf, as amended from time to time;
(b) the Rules of SEHK and HKSCC, in particular those rules which relate to trading and settlement, shall be binding on both the Client Customer and WLSL CMSHK in respect of transactions concluded on the instructions of the ClientCustomer.
5.10 The Client Customer acknowledges and agrees that:
(a) the price of Securities and the income from them (if applicable) can and does fluctuate and any individual Security may experience upward or downward movements and may even become valueless. There is an inherent risk that losses may be incurred rather than profit made as a result of buying and selling securities;
(b) the actual bid and offer prices of any Transaction will be determined at the time when such Transaction is effected and any figures which may have been quoted by WLSL CMSHK or its representatives at any time for the purpose of such Transaction are indicative only;
(c) prices of Securities listed on the Hong Kong Stock Exchange are provided by SEHK and prices of Funds are provided by the related fund houses. While WLSL CMSHK and its market information providers endeavour to ensure the accuracy and reliability of the prices quoted, no guarantee as to their accuracy is given and to the extent permitted by applicable law, no liability (whether in tort or contract or otherwise) is accepted for any loss or damages arising from any inaccuracies or omissions;
(d) any price of any Security quoted by WLSL CMSHK in response to any enquiry by the Client Customer is for reference only and shall not be binding on WLSL CMSHK or any of its market information providers. WLSL CMSHK shall be entitled to act on any Instruction for the sale and purchase of any Security even if the price of such Security has altered to the disadvantages of the Client Customer between the time of WLSLCMSHK’s receipt of such Instruction and the time at which WLSL CMSHK or its agent completes any such sale or purchase.
5.11 If the Client Customer has obtained quotes of the prices of any Securities from WLSLCMSHK, it shall not:
(a) disseminate such quotes (or any part thereof) to any other person;
(b) use or permit the use of such quotes (or any part thereof) for any illegal purpose;
(c) use such quotes (or any part thereof) other than for the ClientCustomer's own use; or
(d) use such quotes (or any part thereof) in relation to any trading or dealing of Securities otherwise than through WLSLCMSHK.
Appears in 1 contract
Samples: Securities Account Agreement
Dealing Practice. 5.1 9.1 Any day order for purchase or sale of Securities placed by the Client that has not been executed before the close of trading hours business of the relevant Exchange or such other expiration date required by the Exchange or such other later time as the Client and WLSL the Broker may agree shall be deemed to have been cancelled automatically.
5.2 9.2 The Client authorises WLSLauthorizes the Broker, at any time and at WLSLthe Broker’s absolute discretion, for the purpose of obtaining a better execution price and/or reducing the volume of instructions, to consolidate and/or disaggregate the Client’s Instructions instructions to purchase and/or sell Securities on the Client’s behalf with similar instructions received from WLSLthe Broker’s other Clients, provided that such consolidation or disaggregation shall not result in the execution of the Instructions instructions at a price less favourable than could have been achieved had and the Instructions instructions been executed individually, and provided further that, in the event of there being insufficient Securities available to satisfy purchase orders so consolidated, the number of Securities actually purchased shall be given to each individual Instruction instruction in the order in which those orders were received by WLSLthe Broker.
5.3 9.3 The Client acknowledges acknowledge that due to the trading practices of the Exchange or other markets in which Transactions are executed, it may not always be able to execute orders at the prices quoted “at best” or “of market” and the Client agrees in any event to be bound by the Transactions executed by WLSL the Broker following Instructions instructions given by the ClientClients.
5.4 9.4 Subject to applicable laws and regulations and market requirements, WLSL the Broker may in its absolute discretion determine the priority in the execution of its Clients’ orders, having due regard to the sequence in which such orders were received, and the Client shall not have any claim of priority to another Client in relation to the execution of any order received by WLSLthe Broker.
5.5 9.5 Unless otherwise agreed, in respect of each TransactionTransactions, unless WLSL the Broker is already holding cash or Securities on the Client’s behalf to settle the Transactions, the Client shall pay WLSL the Broker cleared funds (including payment in a currency other than Hong Kong dollars) or deliver to WLSL the Broker Securities which with are fully paid with valid and good title and in deliverable form by such time as WLSL the Broker has notified the Client in relation to the Transactions. The Client shall be responsible to WLSL the Broker for any losses and expenses resulting from the Client’s settlement failures.
5.6 9.6 The Account shall be in Hong Kong dollars or such other currencies as WLSL the Broker may agree from time to time with the Client. In the event that the Client instructs WLSL the Broker to effect any Transactions in a currency other than Hong Kong dollars, any profit or loss arising as a result of fluctuation in the exchange rate of the relevant currencies will be for the account of the Client solely. Any conversion from one currency into another required to be made for performing any action or step taken by WLSL the Broker under this Agreement may be effected by WLSL the Broker in such manner and at such time as it may in its absolute discretion decide.
5.7 9.7 The Client acknowledges acknowledge that telephone calls or other forms of communication between the Client and WLSL the Broker may be recorded or otherwise electronically monitored without any warning messages and that the record may be used as final and conclusive evidence of the Instructions instructions in case of disputes. The Client agrees that WLSL has full right in owning and using such records.
5.8 9.8 If WLSL the Broker engages the service of Correspondent Agent, WLSL the Broker shall be entitled to accept and keep, for its own account, any commission or rebate which WLSL the Broker may receive in respect of any business WLSL has introduced the Broker supplies to the Correspondent Agent in respect of the Transactions effected in accordance with Instructions from the Client.
5.9 The Client acknowledges the following:
(a) all transactions for the Account shall be subject to the relevant constitution, rules, regulations, by-laws, customs and usages, as amended from time to time, of SEHK, or such other Exchanges or over-the-counter markets and HKSCC or such other Clearing Houses in or outside Hong Kong and of the laws of Hong Kong and other places in which WLSL is dealing them on the Client’s behalf, as amended from time to time;
(b) the Rules of SEHK and HKSCC, in particular those rules which relate to trading and settlement, shall be binding on both the Client and WLSL in respect of transactions concluded on the instructions behalf of the Client.
5.10 The Client acknowledges and agrees that:
(a) the price of Securities and the income from them (if applicable) can and does fluctuate and any individual Security may experience upward or downward movements and may even become valueless. There is an inherent risk that losses may be incurred rather than profit made as a result of buying and selling securities;
(b) the actual bid and offer prices of any Transaction will be determined at the time when such Transaction is effected and any figures which may have been quoted by WLSL or its representatives at any time for the purpose of such Transaction are indicative only;
(c) prices of Securities listed on the Hong Kong Stock Exchange are provided by SEHK and prices of Funds are provided by the related fund houses. While WLSL and its market information providers endeavour to ensure the accuracy and reliability of the prices quoted, no guarantee as to their accuracy is given and to the extent permitted by applicable law, no liability (whether in tort or contract or otherwise) is accepted for any loss or damages arising from any inaccuracies or omissions;
(d) any price of any Security quoted by WLSL in response to any enquiry by the Client is for reference only and shall not be binding on WLSL or any of its market information providers. WLSL shall be entitled to act on any Instruction for the sale and purchase of any Security even if the price of such Security has altered to the disadvantages of the Client between the time of WLSL’s receipt of such Instruction and the time at which WLSL or its agent completes any such sale or purchase.
5.11 If the Client has obtained quotes of the prices of any Securities from WLSL, it shall not:
(a) disseminate such quotes (or any part thereof) to any other person;
(b) use or permit the use of such quotes (or any part thereof) for any illegal purpose;
(c) use such quotes (or any part thereof) other than for the Client's own use; or
(d) use such quotes (or any part thereof) in relation to any trading or dealing of Securities otherwise than through WLSL.
Appears in 1 contract