DEALINGS WITH US. 3.1. We will act as principal in Transactions with you and not as agent on your behalf. 3.2. You will enter into each Transaction with us as principal and not as agent for any undis- closed person. This means that unless we have otherwise agreed in writing, we will treat you as our Client for all purposes and you will be directly and personally responsible for performing your obligations under each Transaction entered into by you, whether you are dealing with us directly or through an agent. If you act in connection with or on behalf of someone else, whether or not you identify that person to us, we will not accept that person as an indirect Client of ours and we will accept no obligation to them unless otherwise specifically agreed by us in writing. 3.3. Dealings with you will be carried out by us on an execution-only basis unless otherwise agreed by us. 3.4. You agree that, unless otherwise provided in this Agreement, we are under no obligation: a) to satisfy ourselves as to the suitability of any Transaction or Contract for you; b) to monitor or advise you on the status of any Transaction; c) to make Xxxxxx calls; or d) to Close Out any Transaction that you have opened. 3.5. You will not be entitled to ask us to provide you with investment advice relating to a Trans- action or ask us to make any statement of opinion to encourage you to open a particular Transaction. 3.6. We may, in our absolute discretion, provide information: a) in relation to any Transaction about which you or your authorized representative have enquired, particularly regarding procedures and risks attaching to that Trans- action; and b) by way of factual market information. We will, however, be under no obligation to disclose such information to you and in the event of us supplying such information it will not constitute personal advice. If, notwith- standing the fact that dealings between you and us are on an execution-only basis, a representative of FinPros makes a statement of opinion (whether in response to your re- quest or otherwise) regarding any Financial Product or Transaction, you agree that it is not reasonable for you to, nor will you be entitled to, rely on such statement and that it will not constitute personal advice. 3.7. You acknowledge and agree that: a) any information given by us in respect of your dealings with us constitutes general financial product advice only; b) any information provided to you will not take into account your personal objectives, financial situation or needs; and c) you should, before opening any Transactions, consider the appropriateness of the information, having regard to your personal objectives, financial situation and needs. 3.8. You agree to rely on your own judgement in opening, Closing Out, or refraining from open- ing or Closing Out a Transaction with us. 3.9. We will not, in the absence of fraud, willful default or negligence be liable for any Loss (including, without limitation, indirect or consequential losses or loss of opportunity or profits arising from any failure by you to make any anticipated profits), costs, expenses or damages suffered by you arising from any inaccuracy or mistake in any information or advice, or unsuitability of any advice, given to you, including without limitation, infor- mation or advice relating to any of your Transactions with us. 3.10. Subject to our right to void or Close Out any Transaction as set out in this Agreement, any Transaction opened by you following such inaccuracy or mistake will nonetheless remain valid and binding in all respects on both you and us. 3.11. You acknowledge that information contained in the Contract Details is indicative only and may, at the time when you open or Close Out a Transaction, have become inaccurate. The more accurate details will be those displayed in your Account through the Electronic Trading Service. 3.12. You agree that, subject to the Applicable Laws, Rules and/or Regulations, we may provide you with any such supplementary Product Disclosure Statement or new Product Disclo- sure Statement by publishing it on our website(s). In addition, we may in our discretion, send any supplementary Product Disclosure Statement or new Product Disclosure State- ment to you by email or by post at the relevant email address or postal address last no- tified by you to us. 3.13. We reserve the right to require you to pay, or reimburse us for stamp duty and/or transfer taxes in the event of a change in the basis of stamp duty rates, transfer tax rates or the Applicable Laws, Rules and/or Regulations. We also reserve the right to charge you for the provision by us to you of market data (be that raw or derived market data) but we will notify beforehand if these charges will be applied. 3.14. We offer different types of Accounts with different characteristics and features. Depending on your knowledge and experience and the type of Transactions you generally enter into with us, some of these Account types may not be available to you. We reserve the right to convert your Account into a different account type if, acting reasonably, we determine that a different type of account is more appropriate for you. We also reserve the right to change the features and eligibility criteria of our accounts at any time and we will provide prior notification of such changes on our website, by email or on our Electronic Trading Service. 3.15. From time to time, we may make additional services or specific types of Financial Products available to you, for example, spot foreign exchange contracts. Such additional services or Financial Products may be subject to special conditions. 3.16. FinPros has discretions under this Agreement, which can affect your Transactions. You do not have any power or right to direct how we exercise those discretions. We will, however, have regard to our obligations under our Securities Dealer License (“SDL”) when exercising our discretion.
Appears in 5 contracts
Samples: Client Agreement, Client Agreement, Client Agreement
DEALINGS WITH US. 3.1. We will act as principal in Transactions with you and not as agent on your behalfbe- half.
3.2. You will enter into each Transaction with us as principal and not as agent for any undis- closed undisclosed person. This means that unless we have otherwise agreed in writing, we will treat you as our Client for all purposes and you will be directly and personally responsible for performing per- forming your obligations under each Transaction entered into by you, whether you are dealing with us directly or through an agent. If you act in connection con- nection with or on behalf of someone else, whether or not you identify that person to us, we will not accept that person as an indirect Client of ours and we will accept no obligation to them unless otherwise specifically agreed by us in writing.
3.3. Dealings with you will be carried out by us on an execution-only basis unless otherwise agreed by us.
3.4. You agree that, unless otherwise provided pro- vided in this Agreement, we are under no obligation:
a) to satisfy ourselves as to the suitability suit- ability of any Transaction or Contract for you;
b) to monitor or advise you on the status of any Transaction;
c) to make Xxxxxx calls; or
d) to Close Out any Transaction that you have opened.
3.5. You will not be entitled to ask us to provide pro- vide you with investment advice relating relat- ing to a Trans- action Transaction or ask us to make any statement of opinion to encourage you to open a particular Transaction.
3.6. We may, in our absolute discretion, provide pro- vide information:
a) in relation to any Transaction about which you or your authorized author- ized representative have enquireden- quired, particularly regarding procedures and risks attaching to that Trans- actionTransaction; and
b) by way of factual market informationinfor- mation. We will, however, be under no obligation to disclose such information to you and in the event of us supplying such information infor- mation it will not constitute personal advice. If, notwith- standing notwithstanding the fact that dealings between you and us are on an execution-only basis, a representative of FinPros makes a statement of opinion (whether in response to your re- quest request or otherwise) regarding any Financial Product or Transaction, you agree that it is not reasonable for you to, nor will you be entitled to, rely on such statement state- ment and that it will not constitute personal per- xxxxx advice.
3.7. You acknowledge and agree that:
a) any information given by us in respect of your dealings with us constitutes general financial product advice only;
b) any information provided to you will not take into account your personal objectives, financial situation sit- uation or needs; and
c) you should, before opening any Transactions, consider the appropriateness ap- propriateness of the information, having regard to your personal objectives, financial situation and needs.
3.8. You agree to rely on your own judgement judge- ment in opening, Closing Out, or refraining refrain- ing from open- ing opening or Closing Out a Transaction with us.
3.9. We will not, in the absence of fraud, willful will- ful default or negligence be liable for any Loss (including, without limitation, indirect or consequential losses or loss of opportunity or profits arising from any failure by you to make any anticipated antici- pated profits), costs, expenses or damages dam- ages suffered by you arising from any inaccuracy or mistake in any information infor- mation or advice, or unsuitability of any advice, given to you, including without limitation, infor- mation information or advice relating relat- ing to any of your Transactions with us.
3.10. Subject to our right to void or Close Out any Transaction as set out in this Agreement, any Transaction opened by you following such inaccuracy or mistake mis- take will nonetheless remain valid and binding in all respects on both you and us.
3.11. You acknowledge that information contained in the Contract Details is indicative in- dicative only and may, at the time when you open or Close Out a Transaction, have become inaccurate. The more accurate details will be those displayed in your Account through the Electronic Trading Service.
3.12. You agree that, subject to the Applicable Applica- ble Laws, Rules and/or Regulations, we may provide you with any such supplementary supple- mentary Product Disclosure Statement or new Product Disclo- sure Disclosure Statement by publishing it on our website(s). In additionaddi- tion, we may in our discretion, send any supplementary Product Disclosure Statement or new Product Disclosure State- ment Statement to you by email or by post at the relevant email address or postal address last no- tified notified by you to us.
3.13. We reserve the right to require you to pay, or reimburse us for stamp duty and/or transfer taxes in the event of a change in the basis of stamp duty rates, transfer tax rates or the Applicable Applica- ble Laws, Rules and/or Regulations. We also reserve the right to charge you for the provision by us to you of market data (be that raw or derived market data) but we will notify beforehand if these charges will be applied.
3.14. We offer different types of Accounts with different characteristics and featuresfea- tures. Depending on your knowledge and experience and the type of Transactions Trans- actions you generally enter into with us, some of these Account types may not be available to you. We reserve the right to convert your Account into a different account type if, acting reasonably, we determine that a different type of account ac- count is more appropriate for you. We also reserve the right to change the features and eligibility criteria of our accounts at any time and we will provide pro- vide prior notification of such changes on our website, by email or on our Electronic Elec- tronic Trading Service.
3.15. From time to time, we may make additional addi- tional services or specific types of Financial Fi- nancial Products available to you, for example, spot foreign exchange contractscon- tracts. Such additional services or Financial Fi- nancial Products may be subject to special conditions.
3.16. FinPros has discretions under this Agreement, which can affect your Transactions. You do not have any power or right to direct how we exercise those discretions. We will, however, have regard to our obligations under our Securities Dealer License (“SDL”) when exercising our discretion.
Appears in 1 contract
Samples: Client Agreement
DEALINGS WITH US. 3.1. 2.1 We will act as principal in Transactions with you and not as agent on your behalf.
3.2. 2.2 You will enter into each Transaction with us as principal and not as agent for any undis- closed undisclosed person. This means that unless we have otherwise agreed in writing, we will treat you as our Client for all purposes and you will be directly and personally responsible for performing your obligations under each Transaction entered into by you, whether you are dealing with us directly or through an agent. If you act in connection with or on behalf of someone else, whether or not you identify that person to us, we will not accept that person as an indirect Client of ours and we will accept no obligation to them unless otherwise specifically agreed by us in writing.
3.3. 2.3 Dealings with you will be carried out by us on an execution-only basis unless otherwise agreed by us.
3.4. 2.4 You agree that, unless otherwise provided in this Agreement, we are under no obligation:
(a) to satisfy ourselves as to the suitability of any Transaction or Contract for you;
(b) to monitor or advise you on the status of any Transaction;
(c) to make Xxxxxx Margin calls; or
(d) to Close Out any Transaction that you have opened.
3.5. 2.5 You will not be entitled to ask us to provide you with investment advice relating to a Trans- action Transaction or ask us to make any statement of opinion to encourage you to open a particular Transaction.
3.6. We may, in our absolute discretion, provide information:
(a) in relation to any Transaction about which you or your authorized representative have enquired, particularly regarding procedures and risks attaching to that Trans- actionTransaction; and
(b) by way of factual market information. We will, however, we will be under no obligation to disclose such information to you and in the event of us supplying such information it will not constitute personal advice. If, notwith- standing notwithstanding the fact that dealings between you and us are on an execution-only basis, a representative of FinPros Almas Financial makes a statement of opinion (whether in response to your re- quest request or otherwise) regarding any Financial Product or Transaction, you agree that it is not reasonable for you to, nor will you be entitled to, rely on such statement and that it will not constitute personal advice.
3.7. 2.6 You acknowledge and agree that:
(a) any information given by us in respect of your dealings with us constitutes general financial product advice only;
b) any information provided to you will not take into account your personal objectives, financial situation or needs; and
and (b) any information provided by us in respect of your dealings with us, does not constitute a recommendation of a transaction to you; (c) you should, before opening any Transactions, consider ensure that you have understood the appropriateness of the information, having regard to your personal objectives, risks involved when trading with financial situation and needsproducts.
3.8. 2.7 You agree to rely on your own judgement judgment in opening, Closing Out, or refraining from open- ing opening or Closing Out a Transaction with us.
3.9. 2.8 We will not, in the absence of fraud, willful default or negligence be liable for any Loss (including, without limitation, indirect or consequential losses or loss of opportunity or profits arising from any failure by you to make any anticipated profits), costs, expenses or damages suffered by you arising from any inaccuracy or mistake in any information or advice, or unsuitability of any advice, given to you, including without limitation, infor- mation information or advice relating to any of your Transactions with us.
3.10. 2.9 Subject to our right to void or Close Out any Transaction as set out in this Agreement, any Transaction opened by you following such inaccuracy or mistake will nonetheless remain valid and binding in all respects on both you and us.
3.11. 2.10 You acknowledge that information contained in the Contract Details is indicative only and may, at the time when you open or Close Out a Transaction, have become inaccurate. The more accurate details will be those displayed in your Account through the Electronic Trading Service.
3.12. You agree that, subject to the Applicable Laws, Rules and/or Regulations, we may provide you with any such supplementary Product Disclosure Statement or new Product Disclo- sure Statement by publishing it on our website(s). In addition, we may in our discretion, send any supplementary Product Disclosure Statement or new Product Disclosure State- ment to you by email or by post at the relevant email address or postal address last no- tified by you to us.
3.13. 2.11 We reserve the right to require you to pay, or reimburse reimburse, us for stamp duty and/or transfer taxes in the event of a change in the basis of stamp duty rates, transfer tax rates or the Applicable Laws, Rules and/or Regulationslaw. We also reserve the right to charge you for the provision by us to you of market data (be that raw or derived market data) but we will notify beforehand if these charges will be applied.
3.14. 2.12 We offer different types of Accounts with different characteristics and features. Depending on your knowledge and experience and the type of Transactions you generally enter into with us, some of these Account types may not be available to you. We reserve the right to convert your Account into a different account type if, acting reasonably, we determine that a different type of account is more appropriate for you. We also reserve the right to change the features and eligibility criteria of our accounts at any time and we will provide prior notification of such changes on our website, by email or on our Electronic Trading Service.
3.15. 2.13 From time to time, we may make additional services or specific types of Financial Products available to you, for example, spot foreign exchange contracts. Such additional services or Financial Products may be subject to special conditions.
3.16. FinPros 2.14 Almas Financial has discretions under this Agreement, Agreement which can affect your Transactions. You do not have any power or right to direct how we exercise those discretions. We will, however, have regard to our obligations under our Securities Dealer License (“SDL”) when exercising our discretion.
Appears in 1 contract
Samples: Client Agreement