Common use of Document Clause in Contracts

Document. In cases where you request that we categorize you as a Professional Client instead of a Retail Client, we may either: (a) allow you to be re- categorized as per your request in respect of any part or all of your dealings with us, subject to any documentation and other evidence as we may require in order to verify your eligibility with respect of such re-categorization and on such terms as we may notify you of upon acceptance of your request or (b) we may, if we do not agree to re-categorize you as per your request, refuse to enable this re- categorization. If you do request such re-categorisation and we agree to such re-categorisation, the protection afforded to you by certain CySEC rules and the other Applicable Laws and Regulations may be substantially reduced, as explained in the Client Categorization and Regulatory Protections Policy. You hereby represent that prior to making a request for re-categorization to the higher Professional Client category, you have read and understood the loss of protection which this entails. We may choose, in our implementation of relevant guidance notes issued by regulatory authorities, to treat you either as an Experienced Retail Client or as a Less Experienced Retail Client, as set out below. We may use other members of our Group or third parties in undertaking work on our behalf with respect to Services we provide to you pursuant to this Agreement (the “Service Providers”). The work undertaken on our behalf by such Service Providers may indicatively include execution of marketing campaigns, gathering and processing of client information, specialised software and IT services or other client support services. These Service Providers may be located within or outside the European Union. Where we choose to co- operate with such Service Providers, we shall do so in accordance with the Applicable Laws and Regulations. We remain at all times responsible to you for the Services provided to you, in accordance with the terms of this Agreement and irrespective of any work that may be undertaken on our behalf by such Service Providers. Except where there is a Force Majeure Event, we are responsible for the conduct of work of such Service providers in relation to the work and activities they undertake on our behalf. We shall use reputable and competent Service Providers and have in place controls as to the selection and monitoring of the performance of the work executed on our behalf by such Service Providers. offered to, or demanded by, the customers. 6.2. You hereby expressly acknowledge that the CFDs product category in which you deal with through the Services provided by us, is not intended to be presented by us as suitable for you, and any comment or statement which may be made by us or any employee or agent of ours, including any Introducing Brokers, regarding such CFDs or any research disseminated by us, should under no circumstances be considered to be an investment advice and should not be received or relied upon as such, should under no circumstances be considered to be an investment advice regarding CFDs or trading CFDs and should not be received or relied upon as such. 6.3. You hereby expressly acknowledge that we provide the Services on an execution only basis and you represent to us that you understand that in the absence of negligence, breach of contract, wilful default or fraud on our part, we have no liability to you for any loss or damage suffered by you as a result of any investment made by you through the Services provided by us under this Agreement. 6.4. As we are acting on an execution only basis, when submitting an Order or when asking us to enter into any Transaction, you represent that you are solely responsible for making your own independent appraisal and investigations into the risks of the Transaction. You represent that you have sufficient knowledge, and experience to make your own evaluation of the merits and risks of any transaction, including a risk of losing all of your invested capital. We give you no warranty as to the suitability of the CFDs traded under this Agreement and neither have nor assume any fiduciary duty in our relations with you. 6.5. Unless we expressly agree otherwise, we will not undertake any assessment of your needs and objectives, financial situation, and risk tolerance in relation to your Transactions. 6.6. We will not be obliged to review and will not review the Transactions you have entered into or about to enter into.