EXPERIENCE AND KNOWLEDGE IN FINANCIAL MATTERS. 38.1 The Company’s Trading Platform is available only to, and may only be used by Persons who have sufficient experience and knowledge in financial matters to be capable of evaluating the merits and risks of accessing and/or using our trading Platform and entering into Transactions and Contracts via our Trading Platform and who have done so without relying on any information contained on, or in our Trading Platform and/or otherwise provided by us in relation thereto. 38.2 In accordance with the foregoing the Client hereby represents, warrants and covenants without prejudice to any other representations, warranties and/or covenants made under this Agreement: 38.2.1 that the Client has appropriate and sufficient experience and knowledge in financial matters to be capable of evaluating the merits and risks of entering into Transactions and or/ Contracts via Company’s Trading Platform; 38.2.2 that the Client has done so without relying on any information contained on or in Company’s Trading Platform and/or provided by Company in relation thereto; 38.2.3 that the Client acts as Principal and sole beneficial owner (but NOT as trustee) in entering into this Agreement and/or any Transactions and/or Contracts via Trading Platform; 38.2.4 that, regardless of any subsequent determination of the contrary trading in financial contracts, Transactions and/or Contracts via Company’s Trading Platform (and in such other investments as we may from time to time agree) is appropriate for the Client and the Client is aware of all risks involved in such Transactions and/or Contracts; 38.2.5 that the Client is willing and financially able to sustain a total loss of funds resulting from any Transactions and/or Contracts entered into via the Trading Platform. 38.3 Without prejudice to any of the foregoing, Company shall not be responsible for verifying and/or checking whether the Client has sufficient knowledge and/or experience for accessing and/or using Company’s Trading Platform and/ or entering into financial contracts via Company’s Trading Platform, nor shall Company not be responsible for any damages and/or losses incurred by you as a result of insufficient knowledge and/or experience. IF YOU DO NOT QUALIFY, PLEASE DO NOT ACCESS AND/OR USE THE COMPANY’S ONLINE TRADING PLATFORM AND INFORM US IN WRITING IMMEDIATELY. 38.4 Where the Client or potential Client elects not to provide the information regarding his knowledge and experience, or where he provides insufficient information regarding his knowledge and experience, the Company will not be able to determine whether the service or Financial Instrument is appropriate for him. The Company shall assume that information about his knowledge and experience provided from the Client to the Company is accurate and complete and the Company shall have no responsibility to the Client if such information is incomplete or misleading or changes or becomes inaccurate and the Company will be deemed to have performed its obligations under Applicable Regulations, unless the Client has informed the Company of such changes.
Appears in 6 contracts
Samples: Client Agreement, Client Agreement, Client Agreement
EXPERIENCE AND KNOWLEDGE IN FINANCIAL MATTERS. 38.1 The Company’s 6.1. Furthermore, our Online Trading Platform Facility is available only to, and may only be used by Persons who have sufficient experience and knowledge in financial matters to be capable of evaluating the merits and risks of accessing and/or using our trading Platform Online Trading Facility and entering into Transactions and Contracts via our Online Trading Platform Facility and who have done so without relying on any information contained on, or in our Online Trading Platform Facility and/or otherwise provided by us in relation thereto.
38.2 6.2. In accordance with the foregoing the Client foregoing, you hereby representsrepresent, warrants warrant and covenants covenant, without prejudice to any other representations, warranties and/or covenants made under this Agreement:
38.2.1 : (a) that the Client has appropriate and you have sufficient experience and knowledge in financial matters to be capable of evaluating the merits and risks of entering into Transactions and or/ and/or Contracts via Company’s our Online Trading Platform;
38.2.2 Facility; (b) that the Client has you have done so without relying on any information contained on or in Company’s our Online Trading Platform Facility and/or otherwise provided by Company us in relation thereto;
38.2.3 : (c) that the Client acts you act as Principal and sole beneficial owner (but NOT as trustee) in entering into this Agreement and/or any Transactions and/or Contracts via our Online Trading Platform;
38.2.4 Facility;(d) that, regardless of any subsequent determination of to the contrary contrary, trading in financial contracts, Transactions and/or Contracts via Company’s our Online Trading Platform Facility (and in such other investments as we may from time to time agree) is appropriate and suitable for the Client you and the Client is that you are aware of all risks involved in with such Transactions and/or Contracts;
38.2.5 ; (e) that the Client is you are willing and financially able to sustain a total loss of funds resulting from any Transactions and/or Contracts entered into via our Online Trading Facility; and (f) that you have read, and fully understood, the “Risk Disclosure” on our Online Trading PlatformFacility.
38.3 6.3. Without prejudice to any of the foregoing, Company we shall not be responsible for verifying and/or checking whether the Client has you have sufficient knowledge and/or experience for accessing and/or using Company’s our Online Trading Platform and/ or Facility and/or entering into financial contracts via Company’s our Online Trading PlatformFacility, nor shall Company not we be responsible for any damages and/or losses incurred by you as a result of insufficient knowledge and/or experience. IF YOU DO NOT QUALIFY, PLEASE DO NOT ACCESS AND/OR USE THE COMPANY’S ONLINE TRADING PLATFORM AND INFORM US IN WRITING IMMEDIATELY.
38.4 Where the Client or potential Client elects not to provide the information regarding his knowledge and experience, or where he provides insufficient information regarding his knowledge and experience, the Company will not be able to determine whether the service or Financial Instrument is appropriate for him. The Company shall assume that information about his knowledge and experience provided from the Client to the Company is accurate and complete and the Company shall have no responsibility to the Client if such information is incomplete or misleading or changes or becomes inaccurate and the Company will be deemed to have performed its obligations under Applicable Regulations, unless the Client has informed the Company of such changes.
Appears in 5 contracts
Samples: Client Agreement, Client Agreement, Client Agreement
EXPERIENCE AND KNOWLEDGE IN FINANCIAL MATTERS. 38.1 The Company’s 5.1 Furthermore, our Online Trading Platform Facility is available only to, and may only be used by Persons who have sufficient experience and knowledge in financial matters to be capable of evaluating the merits and risks of accessing and/or using our trading Platform Online Trading Facility and entering into Transactions and Contracts via our Online Trading Platform Facility and who have done so without relying on any information contained on, or in our Online Trading Platform Facility and/or otherwise provided by us in relation thereto.
38.2 5.2 In accordance with the foregoing the Client foregoing, you hereby representsrepresent, warrants warrant and covenants covenant, without prejudice to any other representations, warranties and/or covenants made under this Agreement:
38.2.1 : (a) that the Client has appropriate and you have sufficient experience and knowledge in financial matters to be capable of evaluating the merits and risks of entering into Transactions and or/ and/or Contracts via Company’s our Online Trading Platform;
38.2.2 Facility; (b) that the Client has you have done so without relying on any information contained on or in Company’s our Online Trading Platform Facility and/or otherwise provided by Company us in relation thereto;
38.2.3 : (c) that the Client acts you act as Principal and sole beneficial owner (but NOT as trustee) in entering into this Agreement and/or any Transactions and/or Contracts via our Online Trading Platform;
38.2.4 Facility;(d) that, regardless of any subsequent determination of to the contrary contrary, trading in financial contracts, Transactions and/or Contracts via Company’s our Online Trading Platform Facility (and in such other investments as we may from time to time agree) is appropriate suitable for the Client you and the Client is that you are aware of all risks involved in with such Transactions and/or Contracts;
38.2.5 ; (e) that the Client is you are willing and financially able to sustain a total loss of funds resulting from any Transactions and/or Contracts entered into via our Online Trading Facility; and (f) that you have read, and fully understood, the “Risk Warnings & Disclaimers” on our Online Trading PlatformFacility.
38.3 5.3 Without prejudice to any of the foregoing, Company we shall not be responsible for verifying and/or checking whether the Client has you have sufficient knowledge and/or experience for accessing and/or using Company’s our Online Trading Platform and/ or Facility and/or entering into financial contracts via Company’s our Online Trading PlatformFacility, nor shall Company not we be responsible for any damages and/or losses incurred by you as a result of insufficient knowledge and/or experience. IF YOU DO NOT QUALIFY, PLEASE DO NOT ACCESS AND/OR USE THE COMPANY’S OUR ONLINE TRADING PLATFORM FACILITY AND INFORM US IN WRITING IMMEDIATELY.
38.4 Where the Client or potential Client elects not to provide the information regarding his knowledge and experience, or where he provides insufficient information regarding his knowledge and experience, the Company will not be able to determine whether the service or Financial Instrument is appropriate for him. The Company shall assume that information about his knowledge and experience provided from the Client to the Company is accurate and complete and the Company shall have no responsibility to the Client if such information is incomplete or misleading or changes or becomes inaccurate and the Company will be deemed to have performed its obligations under Applicable Regulations, unless the Client has informed the Company of such changes.
Appears in 2 contracts
Samples: Terms and Conditions, Client Agreement
EXPERIENCE AND KNOWLEDGE IN FINANCIAL MATTERS. 38.1 40.1 The Company’s Trading Platform is available only to, and may only be used by Persons who have sufficient experience and knowledge in financial matters to be capable of evaluating the merits and risks of accessing and/or using our trading Platform and entering into Transactions and Contracts via our Trading Platform and who have done so without relying on any information contained on, or in our Trading Platform and/or otherwise provided by us in relation thereto.
38.2 40.2 In accordance with the foregoing the Client hereby represents, warrants and covenants without prejudice to any other representations, warranties and/or covenants made under this Agreement:
38.2.1 (a) that the Client has appropriate and sufficient experience and knowledge in financial matters to be capable of evaluating the merits and risks of entering into Transactions and or/ Contracts via Company’s Trading Platform;
38.2.2 (b) that the Client has done so without relying on any information contained on or in Company’s Trading Platform and/or provided by Company in relation thereto;
38.2.3 (c) that the Client acts as Principal and sole beneficial owner (but NOT as trustee) in entering into this Agreement and/or any Transactions and/or Contracts via Trading Platform;
38.2.4 (d) that, regardless of any subsequent determination of the contrary trading in financial contracts, Transactions and/or Contracts via Company’s Trading Platform (and in such other investments as we may from time to time agree) is appropriate for the Client and the Client is aware of all risks involved in such Transactions and/or Contracts;
38.2.5 (e) that the Client is willing and financially able to sustain a total loss of funds resulting from any Transactions and/or Contracts entered into via the Trading Platform.
38.3 40.3 Without prejudice to any of the foregoing, Company shall not be responsible for verifying and/or checking whether the Client has sufficient knowledge and/or experience for accessing and/or using Company’s Trading Platform and/ or entering into financial contracts via Company’s Trading Platform, nor shall Company not be responsible for any damages and/or losses incurred by you as a result of insufficient knowledge and/or experience. IF YOU DO NOT QUALIFY, PLEASE DO NOT ACCESS AND/OR USE THE COMPANY’S ONLINE TRADING PLATFORM AND INFORM US IN WRITING IMMEDIATELY.
38.4 40.4 Where the Client or potential Client elects not to provide the information regarding his knowledge and experience, or where he provides insufficient information regarding his knowledge and experience, the Company will not be able to determine whether the service or Financial Instrument is appropriate for him. The Company shall assume that information about his knowledge and experience provided from the Client to the Company is accurate and complete and the Company shall Companyshall have no responsibility to the Client if such information is incomplete or misleading or changes or becomes inaccurate and the Company will be deemed to have performed its obligations under Applicable Regulations, unless the Client has informed the Company of such changes.
Appears in 2 contracts
Samples: Client Agreement, Client Agreement
EXPERIENCE AND KNOWLEDGE IN FINANCIAL MATTERS. 38.1 The Company’s 10.1 Furthermore, our Online Trading Platform Facility is available only to, and may only be used by Persons who have sufficient experience and knowledge in financial matters to be capable of evaluating the merits and risks of accessing and/or using our trading Platform Online Trading Facility and entering into Transactions and Contracts via our Online Trading Platform Facility, and who have done so without relying on any information contained on, or in our Online Trading Platform Facility and/or otherwise provided by us in relation thereto.
38.2 10.2 In accordance with the foregoing the Client foregoing, you hereby representsrepresent, warrants warrant and covenants covenant, without prejudice to any other representations, warranties and/or covenants made under this Agreement:
38.2.1 Agreement and/or any additional documents, information and/or other legal notices and statements (forming part of the Agreement or otherwise) contained in our Online Trading Facility: (a) that the Client has appropriate and you have sufficient experience and knowledge in financial matters to be capable of evaluating the merits and risks of entering into Transactions and or/ and/or Contracts via Company’s our Online Trading Platform;
38.2.2 Facility; (b) that the Client has you have done so without relying on any information contained on or in Company’s our Online Trading Platform Facility and/or otherwise provided by Company us in relation thereto;
38.2.3 ; (c) that the Client acts you act as Principal and sole beneficial owner (but NOT as trustee) in entering into this Agreement and/or any additional documents, information and/or other legal notices and statements (forming part of the Agreement or otherwise) contained in our Online Trading Facility, and/or any Transactions and/or Contracts via our Online Trading Platform;
38.2.4 Facility; (d) that, regardless of any subsequent determination of to the contrary contrary, trading in financial contracts, Transactions and/or Contracts via Company’s our Online Trading Platform Facility (and in such other investments as we may from time to time agree) is appropriate suitable for the Client you and the Client is that you are aware of all risks involved in with such Transactions and/or Contracts;
38.2.5 ; (e) that the Client is you are willing and financially able to sustain a total loss of funds resulting from any Transactions and/or Contracts entered into via our Online Trading Facility; and (f) that you have read, and fully understood, the “Conflict of Interest Management Policy”, the “Privacy Policy”, and the “Money Laundering & Terrorist Financing Prevention Policy, as well as this Agreement and/or any additional documents, information and/or other legal notices and statements (forming part of the Agreement or otherwise) contained in our Online Trading PlatformFacility.
38.3 10.3 Without prejudice to any of the foregoing, Company except as expressly provided otherwise herein and/or expressly required otherwise under any Applicable Laws, Rules and/or Regulations, we shall not be responsible for verifying and/or checking whether the Client has you have sufficient knowledge and/or experience for accessing and/or using Company’s our Online Trading Platform and/ or Facility and/or entering into financial contracts via Company’s our Online Trading PlatformFacility, nor shall Company not we be responsible for any damages and/or losses incurred by you as a result of insufficient knowledge and/or experience. .
10.4 IF YOU DO NOT QUALIFY, PLEASE DO NOT ACCESS AND/OR USE THE COMPANY’S OUR WEBSITE(S), SERVICES AND/OR ONLINE TRADING PLATFORM FACILITY, AND INFORM US IN WRITING IMMEDIATELY.
38.4 Where the Client or potential Client elects not to provide the information regarding his knowledge and experience, or where he provides insufficient information regarding his knowledge and experience, the Company will not be able to determine whether the service or Financial Instrument is appropriate for him. The Company shall assume that information about his knowledge and experience provided from the Client to the Company is accurate and complete and the Company shall have no responsibility to the Client if such information is incomplete or misleading or changes or becomes inaccurate and the Company will be deemed to have performed its obligations under Applicable Regulations, unless the Client has informed the Company of such changes.
Appears in 2 contracts
Samples: Customer Agreement, Customer Agreement
EXPERIENCE AND KNOWLEDGE IN FINANCIAL MATTERS. 38.1 37.1 The Company’s Trading Platform is available only to, to and may only be used by Persons who have sufficient experience and knowledge in financial matters to be capable of evaluating the merits and risks of accessing and/or using our trading Platform and entering into Transactions and Contracts via our Trading Platform and who have done so without relying on any information contained on, or in our Trading Platform and/or otherwise provided by us in relation thereto.
38.2 37.2 In accordance with the foregoing the Client hereby represents, warrants and covenants without prejudice to any other representations, warranties and/or covenants made under this Agreement:
38.2.1 (a) that the Client has appropriate and sufficient experience and knowledge in financial matters to be capable of evaluating the merits and risks of entering into Transactions and or/ Contracts via the Company’s Trading Platform;
38.2.2 (b) that the Client has done so without relying on any information contained on or in the Company’s Trading Platform and/or provided by the Company in relation thereto;
38.2.3 (c) that the Client acts as Principal and sole beneficial owner (but NOT as trustee) in entering into this Agreement and/or any Transactions and/or Contracts via the Trading Platform;
38.2.4 (d) that, regardless of any subsequent determination of the contrary trading in financial contracts, Transactions and/or Contracts via the Company’s Trading Platform (and in such other investments as we may from time to time agree) is appropriate for the Client and the Client is aware of all risks involved in such Transactions and/or Contracts;
38.2.5 (e) that the Client is willing and financially able to sustain a total loss of funds resulting from any Transactions and/or Contracts entered into via the Trading Platform.
38.3 37.3 Without prejudice to any of the foregoing, the Company shall not be responsible for verifying and/or checking whether the Client has sufficient knowledge and/or experience for accessing and/or using the Company’s Trading Platform and/ or entering into financial contracts via the Company’s Trading Platform, nor shall the Company not be responsible for any damages and/or losses incurred by you the Client as a result of insufficient knowledge and/or experience. IF YOU DO NOT QUALIFY, PLEASE DO NOT ACCESS AND/OR USE THE COMPANY’S ONLINE TRADING PLATFORM AND INFORM US IN WRITING IMMEDIATELY.
38.4 37.4 Where the Client or potential Client elects not to provide the information regarding his knowledge and experience, or where he provides insufficient information regarding his knowledge and experience, the Company will not be able to determine whether the service or Financial Instrument is appropriate for him. The Company shall assume that information about his knowledge and experience provided from the Client to the Company is accurate and complete and the Company shall have no responsibility to the Client if such information is incomplete or misleading or changes or becomes inaccurate and the Company will be deemed to have performed its obligations under Applicable Regulationsinaccurate, unless the Client has informed the Company of such changes.
Appears in 1 contract
Samples: Client Agreement
EXPERIENCE AND KNOWLEDGE IN FINANCIAL MATTERS. 38.1 The Company’s 5.1 Furthermore, our Online Trading Platform Facility is available only to, and may only be used by Persons persons who have sufficient experience and knowledge in financial matters to be capable of evaluating the merits and risks of accessing and/or using our trading Platform Online Trading Facility and entering into Transactions and Contracts via our Online Trading Platform Facility and who have done so without relying on any information contained on, or in our Online Trading Platform Facility and/or otherwise provided by us in relation thereto.
38.2 5.2 In accordance with the foregoing the Client foregoing, you hereby representsrepresent, warrants warrant and covenants covenant, without prejudice to any other representations, warranties and/or covenants made under this Agreement:
38.2.1 : (a) that the Client has appropriate and you have sufficient experience and knowledge in financial matters to be capable of evaluating the merits and risks of entering into Transactions and or/ and/or Contracts via Company’s our Online Trading Platform;
38.2.2 Facility; (b) that the Client has you have done so without relying on any information contained on or in Company’s our Online Trading Platform Facility and/or otherwise provided by Company us in relation thereto;
38.2.3 : (c) that the Client acts you act as Principal and sole beneficial owner (but NOT as trustee) in entering into this Agreement and/or any Transactions and/or Contracts via our Online Trading Platform;
38.2.4 Facility;(d) that, regardless of any subsequent determination of to the contrary contrary, trading in financial contracts, Transactions and/or Contracts via Company’s our Online Trading Platform Facility (and in such other investments as we may from time to time agree) is appropriate suitable for the Client you and the Client is that you are aware of all risks involved in with such Transactions and/or Contracts;
38.2.5 ; (e) that the Client is you are willing and financially able to sustain a total loss of funds resulting from any Transactions and/or Contracts entered into via the our Online Trading Platform.
38.3 Without prejudice to any of the foregoing, Company shall not be responsible for verifying and/or checking whether the Client has sufficient knowledge and/or experience for accessing and/or using Company’s Trading Platform and/ or entering into financial contracts via Company’s Trading Platform, nor shall Company not be responsible for any damages and/or losses incurred by you as a result of insufficient knowledge and/or experience. IF YOU DO NOT QUALIFY, PLEASE DO NOT ACCESS AND/OR USE THE COMPANY’S ONLINE TRADING PLATFORM AND INFORM US IN WRITING IMMEDIATELY.
38.4 Where the Client or potential Client elects not to provide the information regarding his knowledge and experience, or where he provides insufficient information regarding his knowledge and experience, the Company will not be able to determine whether the service or Financial Instrument is appropriate for him. The Company shall assume that information about his knowledge and experience provided from the Client to the Company is accurate and complete and the Company shall have no responsibility to the Client if such information is incomplete or misleading or changes or becomes inaccurate and the Company will be deemed to have performed its obligations under Applicable Regulations, unless the Client has informed the Company of such changes.Facility; and
Appears in 1 contract
Samples: Client Agreement
EXPERIENCE AND KNOWLEDGE IN FINANCIAL MATTERS. 38.1 The Company’s Trading Platform is available only to, to and may only be used by Persons who have sufficient sufficient experience and knowledge in financial financial matters to be capable of evaluating the merits FXCE and risks of accessing and/or using our trading Platform and entering into Transactions and Contracts via our Trading Platform and who have done so without relying on any information contained on, or in our Trading Platform and/or otherwise provided by us in relation thereto.
38.2 . In accordance with the foregoing the Client hereby represents, warrants and covenants without prejudice to any other representations, warranties and/or covenants made under this Agreement:
38.2.1 that : That the Client has appropriate and sufficient sufficient experience and knowledge in financial financial matters to be capable of evaluating the merits FXCE and risks of entering into Transactions and or/ Contracts via the Company’s Trading Platform;
38.2.2 that ; That the Client has done so without relying on any information contained on or in the Company’s Trading Platform and/or provided by the Company in relation thereto;
38.2.3 that ; That the Client acts as Principal and sole beneficial beneficial owner (but NOT as trustee) in entering into this Agreement and/or any Transactions and/or Contracts via the Trading Platform;
38.2.4 that; That, regardless of any subsequent determination of the contrary trading in financial financial contracts, Transactions and/or Contracts via the Company’s Trading Platform (and in such other investments as we may from time to time agree) is appropriate for the Client and the Client is aware of all risks involved in such Transactions and/or Contracts;
38.2.5 that ; That the Client is willing and financially financially able to sustain a total loss of funds resulting from any Transactions and/or Contracts entered into via the Trading Platform.
38.3 Platform Without prejudice to any of the foregoing, the Company shall not be responsible for verifying and/or checking whether the Client has sufficient sufficient knowledge and/or experience for accessing and/or using the Company’s Trading Platform and/ or entering into financial financial contracts via the Company’s Trading Platform, nor shall the Company not be responsible for any damages and/or losses incurred by you the Client as a result of insufficient insufficient knowledge and/or experience. IF YOU DO NOT QUALIFY, PLEASE DO NOT ACCESS AND/OR USE THE COMPANY’S ONLINE TRADING PLATFORM PLA TFORM AND INFORM US IN WRITING IMMEDIATELY.
38.4 . Where the Client or potential Client elects not to provide the information regarding his knowledge and experience, or where he provides insufficient insufficient information regarding his knowledge and experience, the Company will not be able to determine whether the service or Financial Instrument is appropriate for him. The Company shall assume that information about his knowledge and experience provided from the Client to the Company is accurate and complete and the Company shall have no responsibility to the Client if such information is incomplete or misleading or changes or becomes inaccurate and the Company will be deemed to have performed its obligations under Applicable Regulationsinaccurate, unless the Client has informed the Company of such changes.
Appears in 1 contract
Samples: Client Agreement
EXPERIENCE AND KNOWLEDGE IN FINANCIAL MATTERS. 38.1 The Company’s 5.1 Furthermore, our Online Trading Platform Facility is available only to, and may only be used by Persons who have sufficient experience and knowledge in financial matters to be capable of evaluating the merits and risks of accessing and/or using our trading Platform Online Trading Facility and entering into Transactions and Contracts via our Online Trading Platform Facility and who have done so without relying on any information contained on, or in our Online Trading Platform Facility and/or otherwise provided by us in relation thereto.
38.2 5.2 In accordance with the foregoing the Client foregoing, you hereby representsrepresent, warrants warrant and covenants covenant, without prejudice to any other representations, warranties and/or covenants made under this Agreement:
38.2.1 : (a) that the Client has appropriate and you have sufficient experience and knowledge in financial matters to be capable of evaluating the merits and risks of entering into Transactions and or/ and/or Contracts via Company’s our Online Trading Platform;
38.2.2 Facility; (b) that the Client has you have done so without relying on any information contained on or in Company’s our Online Trading Platform Facility and/or otherwise provided by Company us in relation thereto;
38.2.3 : (c) that the Client acts you act as Principal and sole beneficial owner (but NOT as trustee) in entering into this Agreement and/or any Transactions and/or Contracts via our Online Trading Platform;
38.2.4 Facility;(d) that, regardless of any subsequent determination of to the contrary contrary, trading in financial contracts, Transactions and/or Contracts via Company’s our Online Trading Platform Facility (and in such other investments as we may from time to time agree) is appropriate suitable for the Client and the Client is youand that you are aware of all risks involved in with such Transactions and/or Contracts;
38.2.5 ; (e) that the Client is you are willing and financially able to sustain a total loss of funds resulting from any Transactions and/or Contracts entered into via our Online Trading Facility; and (f) that you have read, and fully understood, the “Risk Warnings & Disclaimers” on our Online Trading PlatformFacility.
38.3 5.3 Without prejudice to any of the foregoing, Company we shall not be responsible for verifying and/or checking whether the Client has you have sufficient knowledge and/or experience for accessing and/or using Company’s our Online Trading Platform and/ or Facility and/or entering into financial contracts via Company’s our Online Trading PlatformFacility, nor shall Company not we be responsible for any damages and/or losses incurred by you as a result of insufficient knowledge and/or experience. IF YOU DO NOT QUALIFY, PLEASE DO NOT ACCESS AND/OR USE THE COMPANY’S ONLINE TRADING PLATFORM AND INFORM US IN WRITING IMMEDIATELY.
38.4 Where the Client or potential Client elects not to provide the information regarding his knowledge and experience, or where he provides insufficient information regarding his knowledge and experience, the Company will not be able to determine whether the service or Financial Instrument is appropriate for him. The Company shall assume that information about his knowledge and experience provided from the Client to the Company is accurate and complete and the Company shall have no responsibility to the Client if such information is incomplete or misleading or changes or becomes inaccurate and the Company will be deemed to have performed its obligations under Applicable Regulations, unless the Client has informed the Company of such changes.
Appears in 1 contract
Samples: Online Trading Agreement
EXPERIENCE AND KNOWLEDGE IN FINANCIAL MATTERS. 38.1 40.1 The Company’s Trading Platform is available only to, and may only be used by Persons who have sufficient experience and knowledge in financial matters to be capable of evaluating the merits and risks of accessing and/or using our trading Platform and entering into Transactions and Contracts via our Trading Platform and who have done so without relying on any information contained on, or in our Trading Platform and/or otherwise provided by us in relation thereto.
38.2 40.2 In accordance with the foregoing the Client hereby represents, warrants and covenants without prejudice to any other representations, warranties and/or covenants made under this Agreement:
38.2.1 (a) that the Client has appropriate and sufficient experience and knowledge in financial matters to be capable of evaluating the merits and risks of entering into Transactions and or/ Contracts via Company’s Trading Platform;
38.2.2 (b) that the Client has done so without relying on any information contained on or in Company’s Trading Platform and/or provided by Company in relation thereto;
38.2.3 (c) that the Client acts as Principal and sole beneficial owner (but NOT as trustee) in entering into this Agreement and/or any Transactions and/or Contracts via Trading Platform;
38.2.4 (d) that, regardless of any subsequent determination of the contrary trading in financial contracts, Transactions and/or Contracts via Company’s Trading Platform (and in such other investments as we may from time to time agree) is appropriate for the Client and the Client is aware of all risks involved in such Transactions and/or Contracts;
38.2.5 (e) that the Client is willing and financially able to sustain a total loss of funds resulting from any Transactions and/or Contracts entered into via the Trading Platform.
38.3 40.3 Without prejudice to any of the foregoing, Company shall not be responsible for verifying and/or checking whether the Client has sufficient knowledge and/or experience for accessing and/or using Company’s Trading Platform and/ or entering into financial contracts via Company’s Trading Platform, nor shall Company not be responsible for any damages and/or losses incurred by you as a result of insufficient knowledge and/or experience. IF YOU DO NOT QUALIFY, PLEASE DO NOT ACCESS AND/OR USE THE COMPANY’S ONLINE TRADING PLATFORM AND INFORM US INFORMUS IN WRITING IMMEDIATELY.
38.4 40.4 Where the Client or potential Client elects not to provide the information regarding his knowledge hisknowledge and experience, or where he provides insufficient information regarding his knowledge and experience, the Company will not be able to determine whether the service or Financial Instrument is appropriate for him. The Company shall assume that information about his knowledge and experience provided from the Client to the Company is accurate and complete and the Company shall have no responsibility to the Client if such information is incomplete or misleading or changes or becomes inaccurate and the Company will be deemed to have performed its obligations under Applicable Regulations, unless the Client has informed the Company of such changes.
Appears in 1 contract
Samples: Client Agreement
EXPERIENCE AND KNOWLEDGE IN FINANCIAL MATTERS. 38.1 The Company’s 5.1 Furthermore, our Online Trading Platform Facility is available only to, and may only be used by Persons who have sufficient experience and knowledge in financial matters to be capable of evaluating the merits and risks of accessing and/or using our trading Platform Online Trading Facility and entering into Transactions and Contracts via our Online Trading Platform Facility and who have done so without relying on any information contained on, or in our Online Trading Platform Facility and/or otherwise provided by us in relation thereto.
38.2 5.2 In accordance with the foregoing the Client foregoing, you hereby representsrepresent, warrants warrant and covenants covenant, without prejudice to any other representations, warranties and/or covenants made under this Agreement:
38.2.1 : (a) that the Client has appropriate and you have sufficient experience and knowledge in financial matters to be capable of evaluating the merits and risks of entering into Transactions and or/ and/or Contracts via Company’s our Online Trading Platform;
38.2.2 Facility; (b) that the Client has you have done so without relying on any information contained on or in Company’s our Online Trading Platform Facility and/or otherwise provided by Company us in relation thereto;
38.2.3 : (c) that the Client acts you act as Principal and sole beneficial owner (but NOT as trustee) in entering into this Agreement and/or any Transactions and/or Contracts via our Online Trading Platform;
38.2.4 Facility;(d) that, regardless of any subsequent determination of to the contrary contrary, trading in financial contracts, Transactions and/or Contracts via Company’s our Online Trading Platform Facility (and in such other investments as we may from time to time agree) is appropriate suitable for the Client you and the Client is that you are aware of all risks involved in with such Transactions and/or Contracts;
38.2.5 ; (e) that the Client is you are willing and financially able to sustain a total loss of funds resulting from any Transactions and/or Contracts entered into via our Online Trading Facility; and (f) that you have read, and fully understood, the “Risk Warnings & Disclaimers” on our Online Trading PlatformFacility.
38.3 5.3 Without prejudice to any of the foregoing, Company we shall not be responsible for verifying and/or checking whether the Client has you have sufficient knowledge and/or experience for accessing and/or using Company’s our Online Trading Platform and/ or Facility and/or entering into financial contracts via Company’s our Online Trading PlatformFacility, nor shall Company not we be responsible for any damages and/or losses incurred by you as a result of insufficient knowledge and/or experience. IF YOU DO NOT QUALIFY, PLEASE DO NOT ACCESS AND/OR USE THE COMPANY’S ONLINE TRADING PLATFORM AND INFORM US IN WRITING IMMEDIATELY.
38.4 Where the Client or potential Client elects not to provide the information regarding his knowledge and experience, or where he provides insufficient information regarding his knowledge and experience, the Company will not be able to determine whether the service or Financial Instrument is appropriate for him. The Company shall assume that information about his knowledge and experience provided from the Client to the Company is accurate and complete and the Company shall have no responsibility to the Client if such information is incomplete or misleading or changes or becomes inaccurate and the Company will be deemed to have performed its obligations under Applicable Regulations, unless the Client has informed the Company of such changes.
Appears in 1 contract
Samples: Terms and Conditions
EXPERIENCE AND KNOWLEDGE IN FINANCIAL MATTERS. 38.1 The Company’s 5.1 In addition, our Online Trading Platform Facility is only available only to, to and may only be used by Persons who have persons with sufficient financial experience and knowledge in financial matters who are able to be capable of evaluating assess the merits and risks of accessing and/or using our trading Platform Online Trading Facility and entering into Transactions transactions and Contracts via contracts through our Online Trading Platform Facility without relying on any information.
5.2 You hereby represent, warrant and who covenant in accordance with the foregoing, without prejudice to any other representations, guarantees and/or covenants made under this Agreement:
(a) that you have sufficient financial experience and knowledge to be able to assess the merits and risks of concluding transactions and/or contracts through our Online Trading Facility;
(b) you have done so without relying on any information contained on, in or in our Online Trading Platform Facility and/or otherwise provided by us in relation thereto.
38.2 In accordance connection with the foregoing the Client hereby represents, warrants and covenants without prejudice to it in any other representations, warranties and/or covenants made under this Agreementway:
38.2.1 that the Client has appropriate and sufficient experience and knowledge in financial matters to be capable of evaluating the merits and risks of entering into Transactions and or/ Contracts via Company’s Trading Platform;
38.2.2 that the Client has done so without relying on any information contained on or in Company’s Trading Platform and/or provided by Company in relation thereto;
38.2.3 that the Client acts as Principal and sole beneficial owner (but NOT as trusteec) that, in entering into this Agreement and/or any Transactions and/or Contracts via through our Online Trading PlatformFacility, you act as principal and sole beneficial owner (but NOT as trustee);
38.2.4 (d) that, regardless irrespective of any subsequent determination of to the contrary trading contrary, it is appropriate for you to trade in financial contracts, Transactions transactions and/or Contracts via Company’s contracts through our Online Trading Platform Facility (and in such other investments as we may be agreed from time to time agreetime) is appropriate for the Client and the Client is that you are aware of all risks involved in of such Transactions transactions and/or Contractscontracts;
38.2.5 (e) that the Client is willing and financially you are able to sustain a total loss of funds resulting from any Transactions transactions and/or Contracts contracts entered into via through our online trading facility willingly and financially; and
(f) that the Trading Platform"Risk Disclosure Notice" in our online trading facility has been read and fully understood by you.
38.3 5.3 Without prejudice to any of the foregoingabove, Company we shall not be responsible for verifying liable to verify and/or checking verify whether the Client has you have sufficient knowledge and/or experience for accessing to access and/or using Company’s use our Online Trading Platform and/ or entering Facility and/or to enter into financial contracts via Company’s through our Online Trading PlatformFacility, nor shall Company not we be responsible liable for any damages and/or losses incurred by you as a result of insufficient knowledge knowledge. Please do not access and/or experience. IF YOU DO NOT QUALIFY, PLEASE DO NOT ACCESS AND/OR USE THE COMPANY’S ONLINE TRADING PLATFORM AND INFORM US IN WRITING IMMEDIATELYuse our online trading facility if you do not qualify and inform us immediately in writing.
38.4 Where the Client or potential Client elects not to provide the information regarding his knowledge and experience, or where he provides insufficient information regarding his knowledge and experience, the Company will not be able to determine whether the service or Financial Instrument is appropriate for him. The Company shall assume that information about his knowledge and experience provided from the Client to the Company is accurate and complete and the Company shall have no responsibility to the Client if such information is incomplete or misleading or changes or becomes inaccurate and the Company will be deemed to have performed its obligations under Applicable Regulations, unless the Client has informed the Company of such changes.
Appears in 1 contract
Samples: Client Agreement
EXPERIENCE AND KNOWLEDGE IN FINANCIAL MATTERS. 38.1 The Company’s 5.1 Furthermore, our Online Trading Platform Facility is available only to, and may only be used by Persons persons who have sufficient experience and knowledge in financial matters to be capable of evaluating the merits and risks of accessing and/or using our trading Platform Online Trading Facility and entering into Transactions and Contracts via our Online Trading Platform Facility and who have whohave done so without relying on any information contained oncontainedon, or in our Online Trading Platform Facility and/or otherwise provided by us in relation thereto.
38.2 In accordance with the foregoing the Client hereby represents5.2 Inaccordance withthe foregoing, warrants and covenants youhereby represent, warrant andcovenant, without prejudice to any other representations, warranties and/or covenants made warrantiesand/or covenantsmade under this Agreement:
38.2.1 : (a) that the Client has appropriate and youhave sufficient experience and knowledge in financial matters to be capable of evaluating the merits and risks of entering into Transactions and or/ and/or Contracts via Company’s our Online Trading Platform;
38.2.2 Facility; (b) that the Client has you have done so without relying on any information contained on or onor in Company’s our Online Trading Platform Facility and/or otherwise provided by Company us in relation thereto;
38.2.3 : (c) that the Client acts youact as Principal and sole beneficial owner (but NOT as trusteeastrustee) in entering into this Agreement and/or any Transactions and/or Contracts via our Online Trading Platform;
38.2.4 Facility; (d) that, regardless of any subsequent determination of dete rmination to the contrary contrary, trading in financial contracts, Transactions and/or Contracts via Company’s our Online Trading Platform Facility (and in such other investments as we may from time to time agree) is appropriate suitable for the Client and the Client is youandthat you are aware of all ofall risks involved in with such Transactions and/or Contracts;
38.2.5 ; (e) that the Client is youare willing and financially able to sustain a sustaina total loss of funds resulting from any Transactions and/or Contracts entered into via our Online Trading Facility; and(f) that you have read, and fully understood, the “Risk Disclosure Notice” on our Online Trading PlatformFacility.
38.3 5.3 Without prejudice to any of the foregoing, Company we shall not be responsible for verifying and/or checking whether the Client has you have sufficient knowledge and/or experience for accessing and/or using Company’s our Online Trading Platform and/ or Facility and/or entering into financial contracts via Company’s our Online Trading PlatformFacility, nor shall Company not we be responsible for any damages and/or losses incurred lossesincurred by you as a asa result of insufficient knowledge and/or experience. IF YOU DO NOT QUALIFY, PLEASE DO NOT ACCESS AND/OR USE THE COMPANY’S OUR ONLINE TRADING PLATFORM FACILITY AND INFORM US IN WRITING IMMEDIATELY.
38.4 Where the Client or potential Client elects not to provide the information regarding his knowledge and experience, or where he provides insufficient information regarding his knowledge and experience, the Company will not be able to determine whether the service or Financial Instrument is appropriate for him. The Company shall assume that information about his knowledge and experience provided from the Client to the Company is accurate and complete and the Company shall have no responsibility to the Client if such information is incomplete or misleading or changes or becomes inaccurate and the Company will be deemed to have performed its obligations under Applicable Regulations, unless the Client has informed the Company of such changes.
Appears in 1 contract
Samples: Client Agreement
EXPERIENCE AND KNOWLEDGE IN FINANCIAL MATTERS. 38.1 The Company’s 10.1 Furthermore, our Online Trading Platform Facility is available only to, and may only be used by Persons persons who have sufficient experience and knowledge in financial matters to be capable of evaluating the merits and risks of accessing and/or using our trading Platform Online Trading Facility and entering into Transactions and Contracts via our Online Trading Platform Facility, and who have done so without relying on any information contained on, or in our Online Trading Platform Facility and/or otherwise provided by us in relation thereto.
38.2 10.2 In accordance with the foregoing the Client foregoing, you hereby representsrepresent, warrants warrant and covenants covenant, without prejudice to any other representations, warranties and/or covenants made under this Agreement:
38.2.1 Agreement and/or any additional documents, information and/or other legal notices and statements (forming part of the Agreement or otherwise) contained in our Online Trading Facility: (a) that the Client has appropriate and you have sufficient experience and knowledge in financial matters to be capable of evaluating the merits and risks of entering into Transactions and or/ and/or Contracts via Company’s our Online Trading Platform;
38.2.2 Facility; (b) that the Client has you have done so without relying on any information contained on or in Company’s our Online Trading Platform Facility and/or otherwise provided by Company us in relation thereto;
38.2.3 ; (c) that the Client acts you act as Principal and sole beneficial owner (but NOT as trustee) in entering into this Agreement and/or any additional documents, information and/or other legal notices and statements (forming part of the Agreement or otherwise) contained in our Online Trading Facility, and/or any Transactions and/or Contracts via our Online Trading Platform;
38.2.4 Facility; (d) that, regardless of any subsequent determination of to the contrary contrary, trading in financial contracts, Transactions and/or Contracts via Company’s our Online Trading Platform Facility (and in such other investments as we may from time to time agree) is appropriate suitable for the Client you and the Client is that you are aware of all risks involved in with such Transactions and/or Contracts;
38.2.5 ; (e) that the Client is you are willing and financially able to sustain a total loss of funds resulting from any Transactions and/or Contracts entered into via our Online Trading Facility; and (f) that you have read, and fully understood, the “Conflict of Interest Management Policy”, the “Privacy Policy”, and the “Money Laundering & Terrorist Financing Prevention Policy, as well as this Agreement and/or any additional documents, information and/or other legal notices and statements (forming part of the Agreement or otherwise) contained in our Online Trading PlatformFacility.
38.3 10.3 Without prejudice to any of the foregoing, Company except as expressly provided otherwise herein and/or expressly required otherwise under any Applicable Laws, Rules and/or Regulations, we shall not be responsible for verifying and/or checking whether the Client has you have sufficient knowledge and/or experience for accessing and/or using Company’s our Online Trading Platform and/ or Facility and/or entering into financial contracts via Company’s our Online Trading PlatformFacility, nor shall Company not we be responsible for any damages and/or losses incurred by you as a result of insufficient knowledge and/or experience. .
10.4 IF YOU DO NOT QUALIFY, PLEASE DO NOT ACCESS AND/OR USE THE COMPANY’S OUR WEBSITE(S), SERVICES AND/OR ONLINE TRADING PLATFORM FACILITY, AND INFORM US IN WRITING IMMEDIATELY.
38.4 Where the Client or potential Client elects not to provide the information regarding his knowledge and experience, or where he provides insufficient information regarding his knowledge and experience, the Company will not be able to determine whether the service or Financial Instrument is appropriate for him. The Company shall assume that information about his knowledge and experience provided from the Client to the Company is accurate and complete and the Company shall have no responsibility to the Client if such information is incomplete or misleading or changes or becomes inaccurate and the Company will be deemed to have performed its obligations under Applicable Regulations, unless the Client has informed the Company of such changes.
Appears in 1 contract
Samples: Customer Agreement
EXPERIENCE AND KNOWLEDGE IN FINANCIAL MATTERS. 38.1 37.1. The Company’s Trading Platform is available only to, and may only be used by Persons who have sufficient experience and knowledge in financial matters to be capable of evaluating the merits and risks of accessing and/or using our trading Platform and entering into Transactions and Contracts via our Trading Platform and who have done so without relying on any information contained on, or in our Trading Platform and/or otherwise provided by us in relation thereto.
38.2 37.2. In accordance with the foregoing the Client hereby represents, warrants and covenants without prejudice to any other representations, warranties and/or covenants made under this Agreement:
38.2.1 (a) that the Client has appropriate and sufficient experience and knowledge in financial matters to be capable of evaluating the merits and risks of entering into Transactions and or/ Contracts via the Company’s Trading Platform;
38.2.2 (b) that the Client has done so without relying on any information contained on or in the Company’s Trading Platform and/or provided by the Company in relation thereto;
38.2.3 (c) that the Client acts as Principal and sole beneficial owner (but NOT as trustee) in entering into this Agreement and/or any Transactions and/or Contracts via the Trading Platform;
38.2.4 (d) that, regardless of any subsequent determination of the contrary trading in financial contracts, Transactions and/or Contracts via the Company’s Trading Platform (and in such other investments as we may from time to time agree) is appropriate for the Client and the Client is aware of all risks involved in such Transactions and/or Contracts;
38.2.5 (e) that the Client is willing and financially able to sustain a total loss of funds resulting from any Transactions and/or Contracts entered into via the Trading Platform.
38.3 37.3. Without prejudice to any of the foregoing, the Company shall not be responsible for verifying and/or checking whether the Client has sufficient knowledge and/or experience for accessing and/or using the Company’s Trading Platform and/ or entering into financial contracts via the Company’s Trading Platform, nor shall the Company not be responsible for any damages and/or losses incurred by you the Client as a result of insufficient knowledge and/or experience. IF YOU DO NOT QUALIFY, PLEASE DO NOT ACCESS AND/OR USE THE COMPANY’S ONLINE TRADING PLATFORM AND INFORM US IN WRITING IMMEDIATELY.
38.4 37.4. Where the Client or potential Client elects not to provide the information regarding his knowledge and experience, or where he provides insufficient information regarding his knowledge and experience, the Company will not be able to determine whether the service or Financial Instrument is appropriate for him. The Company shall assume that information about his knowledge and experience provided from the Client to the Company is accurate and complete and the Company shall have no responsibility to the Client if such information is incomplete or misleading or changes or becomes inaccurate and the Company will be deemed to have performed its obligations under Applicable Regulationsinaccurate, unless the Client has informed the Company of such changes.
Appears in 1 contract
Samples: Client Agreement
EXPERIENCE AND KNOWLEDGE IN FINANCIAL MATTERS. 38.1 37.1 The Company’s 's Trading Platform is available only to, and may only be used by Persons who have sufficient experience and knowledge in financial matters to be capable of evaluating the merits and risks of accessing and/or using our trading Platform and entering into Transactions and Contracts via our Trading Platform and who have done so without relying on any information contained on, or in our Trading Platform and/or otherwise provided by us in relation thereto.
38.2 37.2 In accordance with the foregoing the Client hereby represents, warrants and covenants without prejudice to any other representations, warranties and/or covenants made under this Agreement:
38.2.1 (a) that the Client has appropriate and sufficient experience and knowledge in financial matters to be capable of evaluating the merits and risks of entering into Transactions and or/ /or Contracts via Company’s 's Trading Platform;
38.2.2 (b) that the Client has done so without relying on any information contained on or in Company’s 's Trading Platform and/or provided by Company in relation thereto;
38.2.3 (c) that the Client acts as Principal and sole beneficial owner (but NOT as trustee) in entering into this Agreement and/or any Transactions and/or Contracts via Trading Platform;
38.2.4 (d) that, regardless of any subsequent determination of the contrary trading in financial contracts, Transactions and/or Contracts via Company’s 's Trading Platform (and in such other investments as we may from time to time agree) is appropriate for the Client and the Client is aware of all risks involved in such Transactions and/or Contracts;
38.2.5 (e) that the Client is willing and financially able to sustain a total loss of funds resulting from any Transactions and/or Contracts entered into via the Trading Platform.
38.3 37.3 Without prejudice to any of the foregoing, Company shall not be responsible for verifying and/or checking whether the Client has sufficient knowledge and/or experience for accessing and/or using Company’s 's Trading Platform and/ or entering into financial contracts via Company’s 's Trading Platform, nor shall Company not be responsible for any damages and/or losses incurred by you as a result of insufficient knowledge and/or experience. IF YOU DO NOT QUALIFY, PLEASE DO NOT ACCESS AND/OR USE THE COMPANY’S 'S ONLINE TRADING PLATFORM AND INFORM US IN WRITING IMMEDIATELY.
38.4 37.4 Where the Client or potential Client elects not to provide the information regarding his knowledge and experience, or where he provides insufficient information regarding his knowledge and experience, the Company will not be able to determine whether the service or Financial Instrument is appropriate for him. The Company shall assume that information about his knowledge and experience provided from the Client to the Company is accurate and complete and the Company shall have no responsibility to the Client if such information is incomplete or misleading or changes or becomes inaccurate and the Company will be deemed to have performed its obligations under Applicable Regulationsinaccurate, unless the Client has informed the Company of such changes.
Appears in 1 contract
Samples: Terms and Conditions
EXPERIENCE AND KNOWLEDGE IN FINANCIAL MATTERS. 38.1 The Company’s 5.1 Furthermore, our Online Trading Platform Facility is available only to, and may only be used by Persons persons who have sufficient experience and knowledge in financial matters to be capable of evaluating the merits and risks of accessing and/or using our trading Platform Online Trading Facility and entering into Transactions and Contracts via our Online Trading Platform Facility and who have done so without relying on any information contained on, or in our Online Trading Platform Facility and/or otherwise provided by us in relation thereto.
38.2 5.2 In accordance with the foregoing the Client foregoing, you hereby representsrepresent, warrants warrant and covenants covenant, without prejudice to any other representations, warranties and/or covenants made under this Agreement:
38.2.1 : (a) that the Client has appropriate and you have sufficient experience and knowledge in financial matters to be capable of evaluating the merits and risks of entering into Transactions and or/ and/or Contracts via Company’s our Online Trading Platform;
38.2.2 Facility; (b) that the Client has you have done so without relying on any information contained on or in Company’s our Online Trading Platform Facility and/or otherwise provided by Company us in relation thereto;
38.2.3 : (c) that the Client acts you act as Principal and sole beneficial owner (but NOT as trustee) in entering into this Agreement and/or any Transactions and/or Contracts via our Online Trading Platform;
38.2.4 Facility; (d) that, regardless of any subsequent determination of to the contrary contrary, trading in financial contracts, Transactions and/or Contracts via Company’s our Online Trading Platform Facility (and in such other investments as we may from time to time agree) is appropriate suitable for the Client you and the Client is that you are aware of all risks involved in with such Transactions and/or Contracts;
38.2.5 ; (e) that the Client is you are willing and financially able to sustain a total loss of funds resulting from any Transactions and/or Contracts entered into via our Online Trading Facility; and (f) that you have read, and fully understood, the “Risk Disclosure Notice” on our Online Trading PlatformFacility.
38.3 5.3 Without prejudice to any of the foregoing, Company we shall not be responsible for verifying and/or checking whether the Client has you have sufficient knowledge and/or experience for accessing and/or using Company’s our Online Trading Platform and/ or Facility and/or entering into financial contracts via Company’s our Online Trading PlatformFacility, nor shall Company not we be responsible for any damages and/or losses incurred by you as a result of insufficient knowledge and/or experience. IF YOU DO NOT QUALIFY, PLEASE DO NOT ACCESS AND/OR USE THE COMPANY’S OUR ONLINE TRADING PLATFORM FACILITY AND INFORM US IN WRITING IMMEDIATELY.
38.4 Where the Client or potential Client elects not to provide the information regarding his knowledge and experience, or where he provides insufficient information regarding his knowledge and experience, the Company will not be able to determine whether the service or Financial Instrument is appropriate for him. The Company shall assume that information about his knowledge and experience provided from the Client to the Company is accurate and complete and the Company shall have no responsibility to the Client if such information is incomplete or misleading or changes or becomes inaccurate and the Company will be deemed to have performed its obligations under Applicable Regulations, unless the Client has informed the Company of such changes.
Appears in 1 contract
Samples: Client Agreement
EXPERIENCE AND KNOWLEDGE IN FINANCIAL MATTERS. 38.1 40.1 The Company’s Trading Platform is available only to, and may only be used by Persons who have sufficient experience and knowledge in financial matters to be capable of evaluating the merits and risks of accessing and/or using our trading Platform and entering into Transactions and Contracts via our Trading Platform and who have done so without relying on any information contained on, or in our Trading Platform and/or otherwise provided by us in relation thereto.
38.2 40.2 In accordance with the foregoing the Client hereby represents, warrants and covenants without prejudice to any other representations, warranties and/or covenants made under this Agreement:
38.2.1 (a) that the Client has appropriate and sufficient experience and knowledge in financial matters to be capable of evaluating the merits and risks of entering into Transactions and or/ Contracts via Company’s Trading Platform;
38.2.2 (b) that the Client has done so without relying on any information contained on or in Company’s Trading Platform and/or provided by Company in relation thereto;
38.2.3 (c) that the Client acts as Principal and sole beneficial owner (but NOT as trustee) in entering into this Agreement and/or any Transactions and/or Contracts via Trading Platform;
38.2.4 (d) that, regardless of any subsequent determination of the contrary trading in financial contracts, Transactions and/or Contracts via Company’s Trading Platform (and in such other investments as we may from time to time agree) is appropriate for the Client and the Client is aware of all risks involved in such Transactions and/or Contracts;
38.2.5 (e) that the Client is willing and financially able to sustain a total loss of funds resulting from any Transactions and/or Contracts entered into via the Trading Platform.
38.3 40.3 Without prejudice to any of the foregoing, Company shall not be responsible for verifying and/or checking whether the Client has sufficient knowledge and/or experience for accessing and/or using Company’s Trading Platform and/ or entering into financial contracts via Company’s Trading Platform, nor shall Company not be responsible for any damages and/or losses incurred by you as a result of insufficient knowledge and/or experience. IF YOU DO NOT QUALIFY, PLEASE DO NOT ACCESS AND/OR USE THE COMPANY’S ONLINE TRADING PLATFORM AND INFORM US IN WRITING IMMEDIATELY.
38.4 40.4 Where the Client or potential Client elects not to provide the information regarding his knowledge and experience, or where he provides insufficient information regarding his knowledge and experience, the Company will not be able to determine whether the service or Financial Instrument is appropriate for him. The Company shall assume that information about his knowledge and experience provided from the Client to the Company is accurate and complete and the Company shall have no responsibility to the Client if such information is incomplete or misleading or changes or becomes inaccurate and the Company will be deemed to have performed its obligations under Applicable Regulations, unless the Client has informed the Company of such changes.
Appears in 1 contract
Samples: Client Agreement
EXPERIENCE AND KNOWLEDGE IN FINANCIAL MATTERS. 38.1 37.1 The Company’s Trading Platform is available only to, and may only be used by Persons who have sufficient experience and knowledge in financial matters to be capable of evaluating the merits and risks of accessing and/or using our trading Platform and entering into Transactions and Contracts via our Trading Platform and who have done so without relying on any information contained on, or in our Trading Platform and/or otherwise provided by us in relation thereto.
38.2 37.2 In accordance with the foregoing the Client hereby represents, warrants and covenants without prejudice to any other representations, warranties and/or covenants made under this Agreement:
38.2.1 (a) that the Client has appropriate and sufficient experience and knowledge in financial matters to be capable of evaluating the merits and risks of entering into Transactions and or/ Contracts via Company’s Trading Platform;
38.2.2 (b) that the Client has done so without relying on any information contained on or in Company’s Trading Platform and/or provided by Company in relation thereto;
38.2.3 (c) that the Client acts as Principal and sole beneficial owner (but NOT as trustee) in entering into this Agreement and/or any Transactions and/or Contracts via Trading Platform;
38.2.4 (d) that, regardless of any subsequent determination of the contrary trading in financial contracts, Transactions and/or Contracts via Company’s Trading Platform (and in such other investments as we may from time to time agree) is appropriate for the Client and the Client is aware of all risks involved in such Transactions and/or Contracts;
38.2.5 (e) that the Client is willing and financially able to sustain a total loss of funds resulting from any Transactions and/or Contracts entered into via the Trading Platform.
38.3 . 37.3 Without prejudice to any of the foregoing, Company shall not be responsible for verifying and/or checking whether the Client has sufficient knowledge and/or experience for accessing and/or using Company’s Trading Platform and/ or entering into financial contracts via Company’s Trading Platform, nor shall Company not be responsible for any damages and/or losses incurred by you as a result of insufficient knowledge and/or experience. IF YOU DO NOT QUALIFY, PLEASE DO NOT ACCESS AND/OR USE THE COMPANY’S ONLINE TRADING PLATFORM AND INFORM US IN WRITING IMMEDIATELY.
38.4 Where the Client or potential Client elects not to provide the information regarding his knowledge and experience, or where he provides insufficient information regarding his knowledge and experience, the Company will not be able to determine whether the service or Financial Instrument is appropriate for him. The Company shall assume that information about his knowledge and experience provided from the Client to the Company is accurate and complete and the Company shall have no responsibility to the Client if such information is incomplete or misleading or changes or becomes inaccurate and the Company will be deemed to have performed its obligations under Applicable Regulations, unless the Client has informed the Company of such changes.
Appears in 1 contract
Samples: Client Agreement