Common use of EXPERIENCE AND KNOWLEDGE IN FINANCIAL MATTERS Clause in Contracts

EXPERIENCE AND KNOWLEDGE IN FINANCIAL MATTERS. 6.1. Furthermore, our Online Trading 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 Online Trading Facility and entering into Transactions and Contracts via our Online Trading Facility and who have done so without relying on any information contained on, or in our Online Trading Facility and/or otherwise provided by us in relation thereto. 6.2. In accordance with the foregoing, you hereby represent, warrant and covenant, without prejudice to any other representations, warranties and/or covenants made under this Agreement: (a) that you have sufficient experience and knowledge in financial matters to be capable of evaluating the merits and risks of entering into Transactions and/or Contracts via our Online Trading Facility; (b) that you have done so without relying on any information contained on or in our Online Trading Facility and/or otherwise provided by us in relation thereto: (c) that 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 Facility;(d) that, regardless of any subsequent determination to the contrary, trading in financial contracts, Transactions and/or Contracts via our Online Trading Facility (and in such other investments as we may from time to time agree) is appropriate and suitable for you and that you are aware of all risks involved with such Transactions and/or Contracts; (e) that 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 Facility. 6.3. Without prejudice to any of the foregoing, we shall not be responsible for verifying and/or checking whether you have sufficient knowledge and/or experience for accessing and/or using our Online Trading Facility and/or entering into financial contracts via our Online Trading Facility, nor shall we be responsible for any damages and/or losses incurred by you as a result of insufficient knowledge and/or experience.

Appears in 5 contracts

Samples: Client Agreement, Client Agreement, Client Agreement

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EXPERIENCE AND KNOWLEDGE IN FINANCIAL MATTERS. 6.1. Furthermore, our Online 38.1 The Company’s Trading Facility 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 Online Trading Facility trading Platform and entering into Transactions and Contracts via our Online Trading Facility Platform and who have done so without relying on any information contained on, or in our Online Trading Facility Platform and/or otherwise provided by us in relation thereto. 6.2. 38.2 In accordance with the foregoingforegoing the Client hereby represents, you hereby represent, warrant warrants and covenant, covenants without prejudice to any other representations, warranties and/or covenants made under this Agreement: (a) : 38.2.1 that you have 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 and or/ Contracts via our Online Company’s Trading Facility; (b) Platform; 38.2.2 that you have the Client has done so without relying on any information contained on or in our Online Company’s Trading Facility Platform and/or otherwise provided by us Company in relation thereto: (c) ; 38.2.3 that you act 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 our Online Trading Facility;(d) Platform; 38.2.4 that, regardless of any subsequent determination to of the contrary, contrary trading in financial contracts, Transactions and/or Contracts via our Online Company’s Trading Facility Platform (and in such other investments as we may from time to time agree) is appropriate for the Client and suitable for you and that you are the Client is aware of all risks involved with in such Transactions and/or Contracts; (e) ; 38.2.5 that you are the Client is willing and financially able to sustain a total loss of funds resulting from any Transactions and/or Contracts entered into via our Online the Trading Facility; and (f) that you have read, and fully understood, the “Risk Disclosure” on our Online Trading FacilityPlatform. 6.3. 38.3 Without prejudice to any of the foregoing, we Company shall not be responsible for verifying and/or checking whether you have the Client has sufficient knowledge and/or experience for accessing and/or using our Online Company’s Trading Facility and/or Platform and/ or entering into financial contracts via our Online Company’s Trading FacilityPlatform, nor shall we 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 5 contracts

Samples: Client Agreement, Client Agreement, Client Agreement

EXPERIENCE AND KNOWLEDGE IN FINANCIAL MATTERS. 6.1. Furthermore, our Online 40.1 The Company’s Trading Facility 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 Online Trading Facility trading Platform and entering into Transactions and Contracts via our Online Trading Facility Platform and who have done so without relying on any information contained on, or in our Online Trading Facility Platform and/or otherwise provided by us in relation thereto. 6.2. 40.2 In accordance with the foregoingforegoing the Client hereby represents, you hereby represent, warrant warrants and covenant, covenants without prejudice to any other representations, warranties and/or covenants made under this Agreement: : (a) that you have 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 and or/ Contracts via our Online Company’s Trading Facility; Platform; (b) that you have the Client has done so without relying on any information contained on or in our Online Company’s Trading Facility Platform and/or otherwise provided by us Company in relation thereto: ; (c) that you act 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 our Online Trading Facility;(dPlatform; (d) that, regardless of any subsequent determination to of the contrary, contrary trading in financial contracts, Transactions and/or Contracts via our Online Company’s Trading Facility Platform (and in such other investments as we may from time to time agree) is appropriate for the Client and suitable for you and that you are the Client is aware of all risks involved with in such Transactions and/or Contracts; ; (e) that you are the Client is willing and financially able to sustain a total loss of funds resulting from any Transactions and/or Contracts entered into via our Online the Trading Facility; and (f) that you have read, and fully understood, the “Risk Disclosure” on our Online Trading FacilityPlatform. 6.3. 40.3 Without prejudice to any of the foregoing, we Company shall not be responsible for verifying and/or checking whether you have the Client has sufficient knowledge and/or experience for accessing and/or using our Online Company’s Trading Facility and/or Platform and/ or entering into financial contracts via our Online Company’s Trading FacilityPlatform, nor shall we 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. 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 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. 6.1. 5.1 Furthermore, our Online Trading 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 Online Trading Facility and entering into Transactions and Contracts via our Online Trading Facility and who have done so without relying on any information contained on, or in our Online Trading Facility and/or otherwise provided by us in relation thereto. 6.2. 5.2 In accordance with the foregoing, you hereby represent, warrant and covenant, without prejudice to any other representations, warranties and/or covenants made under this Agreement: (a) that you have sufficient experience and knowledge in financial matters to be capable of evaluating the merits and risks of entering into Transactions and/or Contracts via our Online Trading Facility; (b) that you have done so without relying on any information contained on or in our Online Trading Facility and/or otherwise provided by us in relation thereto: (c) that 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 Facility;(d) that, regardless of any subsequent determination to the contrary, trading in financial contracts, Transactions and/or Contracts via our Online Trading Facility (and in such other investments as we may from time to time agree) is appropriate and suitable for you and that you are aware of all risks involved with such Transactions and/or Contracts; (e) that 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 DisclosureWarnings & Disclaimers” on our Online Trading Facility. 6.3. 5.3 Without prejudice to any of the foregoing, we shall not be responsible for verifying and/or checking whether you have sufficient knowledge and/or experience for accessing and/or using our Online Trading Facility and/or entering into financial contracts via our Online Trading Facility, nor shall 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 OUR ONLINE TRADING FACILITY AND INFORM US IN WRITING IMMEDIATELY.

Appears in 2 contracts

Samples: Terms and Conditions, Client Agreement

EXPERIENCE AND KNOWLEDGE IN FINANCIAL MATTERS. 6.1. 10.1 Furthermore, our Online Trading 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 Online Trading Facility and entering into Transactions and Contracts via our Online Trading Facility Facility, and who have done so without relying on any information contained on, or in our Online Trading Facility and/or otherwise provided by us in relation thereto. 6.2. 10.2 In accordance with the foregoing, you hereby represent, warrant and covenant, without prejudice to any other representations, warranties and/or covenants made under this AgreementAgreement 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 you have sufficient experience and knowledge in financial matters to be capable of evaluating the merits and risks of entering into Transactions and/or Contracts via our Online Trading Facility; (b) that you have done so without relying on any information contained on or in our Online Trading Facility and/or otherwise provided by us in relation thereto: ; (c) that 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 Facility;(dFacility; (d) that, regardless of any subsequent determination to the contrary, trading in financial contracts, Transactions and/or Contracts via our Online Trading Facility (and in such other investments as we may from time to time agree) is appropriate and suitable for you and that you are aware of all risks involved with such Transactions and/or Contracts; (e) that 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 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 Facility. 6.3. 10.3 Without prejudice to any of the foregoing, 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 you have sufficient knowledge and/or experience for accessing and/or using our Online Trading Facility and/or entering into financial contracts via our Online Trading Facility, nor shall 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 OUR WEBSITE(S), SERVICES AND/OR ONLINE TRADING FACILITY, AND INFORM US IN WRITING IMMEDIATELY.

Appears in 2 contracts

Samples: Customer Agreement, Customer Agreement

EXPERIENCE AND KNOWLEDGE IN FINANCIAL MATTERS. 6.1. 5.1 Furthermore, our Online Trading 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 Online Trading Facility and entering into Transactions and Contracts via our Online Trading Facility and who have whohave done so without relying on any information contained oncontainedon, or in our Online Trading Facility and/or otherwise provided by us in relation thereto. 6.2. In accordance with the 5.2 Inaccordance withthe foregoing, you hereby youhereby represent, warrant and covenantandcovenant, without prejudice to any other representations, warranties and/or covenants made warrantiesand/or covenantsmade under this Agreement: (a) that you have youhave sufficient experience and knowledge in financial matters to be capable of evaluating the merits and risks of entering into Transactions and/or Contracts via our Online Trading Facility; (b) that you have done so without relying on any information contained on or onor in our Online Trading Facility and/or otherwise provided by us in relation thereto: (c) that you act 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 Facility;(dFacility; (d) that, regardless of any subsequent determination dete rmination to the contrary, trading in financial contracts, Transactions and/or Contracts via our Online Trading Facility (and in such other investments as we may from time to time agree) is appropriate and suitable for you and that youandthat you are aware of all ofall risks involved with such Transactions and/or Contracts; (e) that you are 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 (fand(f) that you have read, and fully understood, the “Risk DisclosureDisclosure Notice” on our Online Trading Facility. 6.3. 5.3 Without prejudice to any of the foregoing, we shall not be responsible for verifying and/or checking whether you have sufficient knowledge and/or experience for accessing and/or using our Online Trading Facility and/or entering into financial contracts via our Online Trading Facility, nor shall 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 OUR ONLINE TRADING FACILITY AND INFORM US IN WRITING IMMEDIATELY.

Appears in 1 contract

Samples: Client Agreement

EXPERIENCE AND KNOWLEDGE IN FINANCIAL MATTERS. 6.137.1. Furthermore, our Online The Company’s Trading Facility 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 Online Trading Facility trading Platform and entering into Transactions and Contracts via our Online Trading Facility Platform and who have done so without relying on any information contained on, or in our Online Trading Facility Platform and/or otherwise provided by us in relation thereto. 6.237.2. In accordance with the foregoingforegoing the Client hereby represents, you hereby represent, warrant warrants and covenant, covenants without prejudice to any other representations, warranties and/or covenants made under this Agreement: : (a) that you have 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 and or/ Contracts via our Online the Company’s Trading Facility; Platform; (b) that you have the Client has done so without relying on any information contained on or in our Online the Company’s Trading Facility Platform and/or otherwise provided by us the Company in relation thereto: ; (c) that you act 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 our Online the Trading Facility;(dPlatform; (d) that, regardless of any subsequent determination to of the contrary, contrary trading in financial contracts, Transactions and/or Contracts via our Online the Company’s Trading Facility Platform (and in such other investments as we may from time to time agree) is appropriate for the Client and suitable for you and that you are the Client is aware of all risks involved with in such Transactions and/or Contracts; ; (e) that you are the Client is willing and financially able to sustain a total loss of funds resulting from any Transactions and/or Contracts entered into via our Online the Trading Facility; and (f) that you have read, and fully understood, the “Risk Disclosure” on our Online Trading FacilityPlatform. 6.337.3. Without prejudice to any of the foregoing, we the Company shall not be responsible for verifying and/or checking whether you have the Client has sufficient knowledge and/or experience for accessing and/or using our Online the Company’s Trading Facility and/or Platform and/ or entering into financial contracts via our Online the Company’s Trading FacilityPlatform, nor shall we the Company 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. 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, unless the Client has informed the Company of such changes.

Appears in 1 contract

Samples: Client Agreement

EXPERIENCE AND KNOWLEDGE IN FINANCIAL MATTERS. 6.1. Furthermore, our Online 37.1 The Company's Trading Facility 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 Online Trading Facility trading Platform and entering into Transactions and Contracts via our Online Trading Facility Platform and who have done so without relying on any information contained on, or in our Online Trading Facility Platform and/or otherwise provided by us in relation thereto. 6.2. 37.2 In accordance with the foregoingforegoing the Client hereby represents, you hereby represent, warrant warrants and covenant, covenants without prejudice to any other representations, warranties and/or covenants made under this Agreement: : (a) that you have 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 and /or Contracts via our Online Company's Trading Facility; Platform; (b) that you have the Client has done so without relying on any information contained on or in our Online Company's Trading Facility Platform and/or otherwise provided by us Company in relation thereto: ; (c) that you act 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 our Online Trading Facility;(dPlatform; (d) that, regardless of any subsequent determination to of the contrary, contrary trading in financial contracts, Transactions and/or Contracts via our Online Company's Trading Facility Platform (and in such other investments as we may from time to time agree) is appropriate for the Client and suitable for you and that you are the Client is aware of all risks involved with in such Transactions and/or Contracts; ; (e) that you are the Client is willing and financially able to sustain a total loss of funds resulting from any Transactions and/or Contracts entered into via our Online the Trading Facility; and (f) that you have read, and fully understood, the “Risk Disclosure” on our Online Trading FacilityPlatform. 6.3. 37.3 Without prejudice to any of the foregoing, we Company shall not be responsible for verifying and/or checking whether you have the Client has sufficient knowledge and/or experience for accessing and/or using our Online Company's Trading Facility and/or Platform and/ or entering into financial contracts via our Online Company's Trading FacilityPlatform, nor shall we 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. 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, unless the Client has informed the Company of such changes.

Appears in 1 contract

Samples: Terms and Conditions

EXPERIENCE AND KNOWLEDGE IN FINANCIAL MATTERS. 6.1. Furthermore, our Online 37.1 The Company’s Trading Facility 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 Online Trading Facility trading Platform and entering into Transactions and Contracts via our Online Trading Facility Platform and who have done so without relying on any information contained on, or in our Online Trading Facility Platform and/or otherwise provided by us in relation thereto. 6.2. 37.2 In accordance with the foregoingforegoing the Client hereby represents, you hereby represent, warrant warrants and covenant, covenants without prejudice to any other representations, warranties and/or covenants made under this Agreement: : (a) that you have 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 and or/ Contracts via our Online the Company’s Trading Facility; Platform; (b) that you have the Client has done so without relying on any information contained on or in our Online the Company’s Trading Facility Platform and/or otherwise provided by us the Company in relation thereto: ; (c) that you act 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 our Online the Trading Facility;(dPlatform; (d) that, regardless of any subsequent determination to of the contrary, contrary trading in financial contracts, Transactions and/or Contracts via our Online the Company’s Trading Facility Platform (and in such other investments as we may from time to time agree) is appropriate for the Client and suitable for you and that you are the Client is aware of all risks involved with in such Transactions and/or Contracts; ; (e) that you are the Client is willing and financially able to sustain a total loss of funds resulting from any Transactions and/or Contracts entered into via our Online the Trading Facility; and (f) that you have read, and fully understood, the “Risk Disclosure” on our Online Trading FacilityPlatform. 6.3. 37.3 Without prejudice to any of the foregoing, we the Company shall not be responsible for verifying and/or checking whether you have the Client has sufficient knowledge and/or experience for accessing and/or using our Online the Company’s Trading Facility and/or Platform and/ or entering into financial contracts via our Online the Company’s Trading FacilityPlatform, nor shall we the Company 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. 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, unless the Client has informed the Company of such changes.

Appears in 1 contract

Samples: Client Agreement

EXPERIENCE AND KNOWLEDGE IN FINANCIAL MATTERS. 6.1. 5.1 Furthermore, our Online Trading 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 Online Trading Facility and entering into Transactions and Contracts via our Online Trading Facility and who have done so without relying on any information contained on, or in our Online Trading Facility and/or otherwise provided by us in relation thereto. 6.2. 5.2 In accordance with the foregoing, you hereby represent, warrant and covenant, without prejudice to any other representations, warranties and/or covenants made under this Agreement: (a) that you have sufficient experience and knowledge in financial matters to be capable of evaluating the merits and risks of entering into Transactions and/or Contracts via our Online Trading Facility; (b) that you have done so without relying on any information contained on or in our Online Trading Facility and/or otherwise provided by us in relation thereto: (c) that 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 Facility;(dFacility; (d) that, regardless of any subsequent determination to the contrary, trading in financial contracts, Transactions and/or Contracts via our Online Trading Facility (and in such other investments as we may from time to time agree) is appropriate and suitable for you and that you are aware of all risks involved with such Transactions and/or Contracts; (e) that 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 DisclosureDisclosure Notice” on our Online Trading Facility. 6.3. 5.3 Without prejudice to any of the foregoing, we shall not be responsible for verifying and/or checking whether you have sufficient knowledge and/or experience for accessing and/or using our Online Trading Facility and/or entering into financial contracts via our Online Trading Facility, nor shall 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 OUR ONLINE TRADING FACILITY AND INFORM US IN WRITING IMMEDIATELY.

Appears in 1 contract

Samples: Client Agreement

EXPERIENCE AND KNOWLEDGE IN FINANCIAL MATTERS. 6.1. Furthermore, our Online The Company’s Trading Facility 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 Online Trading Facility trading Platform and entering into Transactions and Contracts via our Online Trading Facility Platform and who have done so without relying on any information contained on, or in our Online Trading Facility Platform and/or otherwise provided by us in relation thereto. 6.2. In accordance with the foregoingforegoing the Client hereby represents, you hereby represent, warrant warrants and covenant, covenants without prejudice to any other representations, warranties and/or covenants made under this Agreement: (a) that you have sufficient That the Client has appropriate and sufficient experience and knowledge in financial financial matters to be capable of evaluating the merits FXCE and risks of entering into Transactions and/or and or/ Contracts via our Online the Company’s Trading FacilityPlatform; (b) that you have That the Client has done so without relying on any information contained on or in our Online the Company’s Trading Facility Platform and/or otherwise provided by us the Company in relation thereto: (c) that you act ; 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 our Online the Trading Facility;(d) thatPlatform; That, regardless of any subsequent determination to of the contrary, contrary trading in financial financial contracts, Transactions and/or Contracts via our Online the Company’s Trading Facility Platform (and in such other investments as we may from time to time agree) is appropriate for the Client and suitable for you and that you are the Client is aware of all risks involved with in such Transactions and/or Contracts; (e) that you are 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 our Online the Trading Facility; and (f) that you have read, and fully understood, the “Risk Disclosure” on our Online Trading Facility. 6.3. Platform Without prejudice to any of the foregoing, we the Company shall not be responsible for verifying and/or checking whether you have sufficient the Client has sufficient knowledge and/or experience for accessing and/or using our Online the Company’s Trading Facility and/or Platform and/ or entering into financial financial contracts via our Online the Company’s Trading FacilityPlatform, nor shall we the Company 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 PLA TFORM AND INFORM US IN WRITING IMMEDIATELY. 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, unless the Client has informed the Company of such changes.

Appears in 1 contract

Samples: Client Agreement

EXPERIENCE AND KNOWLEDGE IN FINANCIAL MATTERS. 6.1. 5.1 Furthermore, our Online Trading 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 Online Trading Facility and entering into Transactions and Contracts via our Online Trading Facility and who have done so without relying on any information contained on, or in our Online Trading Facility and/or otherwise provided by us in relation thereto. 6.2. 5.2 In accordance with the foregoing, you hereby represent, warrant and covenant, without prejudice to any other representations, warranties and/or covenants made under this Agreement: (a) that you have sufficient experience and knowledge in financial matters to be capable of evaluating the merits and risks of entering into Transactions and/or Contracts via our Online Trading Facility; (b) that you have done so without relying on any information contained on or in our Online Trading Facility and/or otherwise provided by us in relation thereto: (c) that 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 Facility;(d) that, regardless of any subsequent determination to the contrary, trading in financial contracts, Transactions and/or Contracts via our Online Trading Facility (and in such other investments as we may from time to time agree) is appropriate and suitable for you and that you are aware of all risks involved with such Transactions and/or Contracts; (e) that 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 Facility. 6.3. Without prejudice to any of the foregoing, we shall not be responsible for verifying and/or checking whether you have sufficient knowledge and/or experience for accessing and/or using our Online Trading Facility and/or entering into financial contracts via our Online Trading Facility, nor shall we be responsible for any damages and/or losses incurred by you as a result of insufficient knowledge and/or experience.and

Appears in 1 contract

Samples: Client Agreement

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EXPERIENCE AND KNOWLEDGE IN FINANCIAL MATTERS. 6.1. Furthermore, our Online 37.1 The Company’s Trading Facility 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 Online Trading Facility trading Platform and entering into Transactions and Contracts via our Online Trading Facility Platform and who have done so without relying on any information contained on, or in our Online Trading Facility Platform and/or otherwise provided by us in relation thereto. 6.2. 37.2 In accordance with the foregoingforegoing the Client hereby represents, you hereby represent, warrant warrants and covenant, covenants without prejudice to any other representations, warranties and/or covenants made under this Agreement: : (a) that you have 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 and or/ Contracts via our Online Company’s Trading Facility; Platform; (b) that you have the Client has done so without relying on any information contained on or in our Online Company’s Trading Facility Platform and/or otherwise provided by us Company in relation thereto: ; (c) that you act 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 our Online Trading Facility;(dPlatform; (d) that, regardless of any subsequent determination to of the contrary, contrary trading in financial contracts, Transactions and/or Contracts via our Online Company’s Trading Facility Platform (and in such other investments as we may from time to time agree) is appropriate for the Client and suitable for you and that you are the Client is aware of all risks involved with in such Transactions and/or Contracts; ; (e) that you are the Client is willing and financially able to sustain a total loss of funds resulting from any Transactions and/or Contracts entered into via our Online the Trading Facility; and (f) that you have read, and fully understood, the “Risk Disclosure” on our Online Trading Facility. 6.3Platform. 37.3 Without prejudice to any of the foregoing, we Company shall not be responsible for verifying and/or checking whether you have the Client has sufficient knowledge and/or experience for accessing and/or using our Online Company’s Trading Facility and/or Platform and/ or entering into financial contracts via our Online Company’s Trading FacilityPlatform, nor shall we 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.

Appears in 1 contract

Samples: Client Agreement

EXPERIENCE AND KNOWLEDGE IN FINANCIAL MATTERS. 6.1. 5.1 Furthermore, our Online Trading 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 Online Trading Facility and entering into Transactions and Contracts via our Online Trading Facility and who have done so without relying on any information contained on, or in our Online Trading Facility and/or otherwise provided by us in relation thereto. 6.2. 5.2 In accordance with the foregoing, you hereby represent, warrant and covenant, without prejudice to any other representations, warranties and/or covenants made under this Agreement: (a) that you have sufficient experience and knowledge in financial matters to be capable of evaluating the merits and risks of entering into Transactions and/or Contracts via our Online Trading Facility; (b) that you have done so without relying on any information contained on or in our Online Trading Facility and/or otherwise provided by us in relation thereto: (c) that 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 Facility;(d) that, regardless of any subsequent determination to the contrary, trading in financial contracts, Transactions and/or Contracts via our Online Trading Facility (and in such other investments as we may from time to time agree) is appropriate and suitable for you and youand that you are aware of all risks involved with such Transactions and/or Contracts; (e) that 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 DisclosureWarnings & Disclaimers” on our Online Trading Facility. 6.3. 5.3 Without prejudice to any of the foregoing, we shall not be responsible for verifying and/or checking whether you have sufficient knowledge and/or experience for accessing and/or using our Online Trading Facility and/or entering into financial contracts via our Online Trading Facility, nor shall we be responsible for any damages and/or losses incurred by you as a result of insufficient knowledge and/or experience.

Appears in 1 contract

Samples: Online Trading Agreement

EXPERIENCE AND KNOWLEDGE IN FINANCIAL MATTERS. 6.1. Furthermore, our Online 40.1 The Company’s Trading Facility 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 Online Trading Facility trading Platform and entering into Transactions and Contracts via our Online Trading Facility Platform and who have done so without relying on any information contained on, or in our Online Trading Facility Platform and/or otherwise provided by us in relation thereto. 6.2. 40.2 In accordance with the foregoingforegoing the Client hereby represents, you hereby represent, warrant warrants and covenant, covenants without prejudice to any other representations, warranties and/or covenants made under this Agreement: : (a) that you have 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 and or/ Contracts via our Online Company’s Trading Facility; Platform; (b) that you have the Client has done so without relying on any information contained on or in our Online Company’s Trading Facility Platform and/or otherwise provided by us Company in relation thereto: ; (c) that you act 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 our Online Trading Facility;(dPlatform; (d) that, regardless of any subsequent determination to of the contrary, contrary trading in financial contracts, Transactions and/or Contracts via our Online Company’s Trading Facility Platform (and in such other investments as we may from time to time agree) is appropriate for the Client and suitable for you and that you are the Client is aware of all risks involved with in such Transactions and/or Contracts; ; (e) that you are the Client is willing and financially able to sustain a total loss of funds resulting from any Transactions and/or Contracts entered into via our Online the Trading Facility; and (f) that you have read, and fully understood, the “Risk Disclosure” on our Online Trading FacilityPlatform. 6.3. 40.3 Without prejudice to any of the foregoing, we Company shall not be responsible for verifying and/or checking whether you have the Client has sufficient knowledge and/or experience for accessing and/or using our Online Company’s Trading Facility and/or Platform and/ or entering into financial contracts via our Online Company’s Trading FacilityPlatform, nor shall we 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 INFORMUS IN WRITING IMMEDIATELY. 40.4 Where the Client or potential Client elects not to provide the information regarding 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. 6.1. 10.1 Furthermore, our Online Trading 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 Online Trading Facility and entering into Transactions and Contracts via our Online Trading Facility Facility, and who have done so without relying on any information contained on, or in our Online Trading Facility and/or otherwise provided by us in relation thereto. 6.2. 10.2 In accordance with the foregoing, you hereby represent, warrant and covenant, without prejudice to any other representations, warranties and/or covenants made under this AgreementAgreement 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 you have sufficient experience and knowledge in financial matters to be capable of evaluating the merits and risks of entering into Transactions and/or Contracts via our Online Trading Facility; (b) that you have done so without relying on any information contained on or in our Online Trading Facility and/or otherwise provided by us in relation thereto: ; (c) that 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 Facility;(dFacility; (d) that, regardless of any subsequent determination to the contrary, trading in financial contracts, Transactions and/or Contracts via our Online Trading Facility (and in such other investments as we may from time to time agree) is appropriate and suitable for you and that you are aware of all risks involved with such Transactions and/or Contracts; (e) that 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 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 Facility. 6.3. 10.3 Without prejudice to any of the foregoing, 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 you have sufficient knowledge and/or experience for accessing and/or using our Online Trading Facility and/or entering into financial contracts via our Online Trading Facility, nor shall 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 OUR WEBSITE(S), SERVICES AND/OR ONLINE TRADING FACILITY, AND INFORM US IN WRITING IMMEDIATELY.

Appears in 1 contract

Samples: Customer Agreement

EXPERIENCE AND KNOWLEDGE IN FINANCIAL MATTERS. 6.1. 5.1 Furthermore, our Online Trading 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 Online Trading Facility and entering into Transactions and Contracts via our Online Trading Facility and who have done so without relying on any information contained on, or in our Online Trading Facility and/or otherwise provided by us in relation thereto. 6.2. 5.2 In accordance with the foregoing, you hereby represent, warrant and covenant, without prejudice to any other representations, warranties and/or covenants made under this Agreement: (a) that you have sufficient experience and knowledge in financial matters to be capable of evaluating the merits and risks of entering into Transactions and/or Contracts via our Online Trading Facility; (b) that you have done so without relying on any information contained on or in our Online Trading Facility and/or otherwise provided by us in relation thereto: (c) that 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 Facility;(d) that, regardless of any subsequent determination to the contrary, trading in financial contracts, Transactions and/or Contracts via our Online Trading Facility (and in such other investments as we may from time to time agree) is appropriate and suitable for you and that you are aware of all risks involved with such Transactions and/or Contracts; (e) that 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 DisclosureWarnings & Disclaimers” on our Online Trading Facility. 6.3. 5.3 Without prejudice to any of the foregoing, we shall not be responsible for verifying and/or checking whether you have sufficient knowledge and/or experience for accessing and/or using our Online Trading Facility and/or entering into financial contracts via our Online Trading Facility, nor shall we be responsible for any damages and/or losses incurred by you as a result of insufficient knowledge and/or experience.

Appears in 1 contract

Samples: Terms and Conditions

EXPERIENCE AND KNOWLEDGE IN FINANCIAL MATTERS. 6.1. Furthermore5.1 In addition, our Online Trading 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 Online Trading Facility and entering into Transactions transactions and Contracts via contracts through our Online Trading Facility and who have done so without relying on any information contained on, or in our Online Trading Facility and/or otherwise provided by us in relation theretoinformation. 6.2. In accordance with the foregoing, you 5.2 You hereby represent, warrant and covenantcovenant in accordance with the foregoing, without prejudice to any other representations, warranties guarantees and/or covenants made under this Agreement: : (a) that you have sufficient financial experience and knowledge in financial matters to be capable of evaluating able to assess the merits and risks of entering into Transactions concluding transactions and/or Contracts via contracts through our Online Trading Facility; ; (b) that you have done so without relying on any information contained on in or in our Online Trading Facility and/or otherwise provided by us in relation thereto: connection with it in any other way: (c) that you act as Principal and sole beneficial owner (but NOT as trustee) that, in entering into this Agreement and/or any Transactions and/or Contracts via through our Online Trading Facility;(dFacility, you act as principal and sole beneficial owner (but NOT as trustee); (d) that, regardless irrespective of any subsequent determination to the contrary, trading it is appropriate for you to trade in financial contracts, Transactions transactions and/or Contracts via contracts through our Online Trading Facility (and in such other investments as we may be agreed from time to time agreetime) is appropriate and suitable for you and that you are aware of all risks involved with of such Transactions transactions and/or Contracts; contracts; (e) that you are willing and financially able to sustain a total loss of funds resulting from any Transactions transactions and/or Contracts contracts entered into via through our Online Trading Facilityonline trading facility willingly and financially; and and (f) that you have read, the "Risk Disclosure Notice" in our online trading facility has been read and fully understood, the “Risk Disclosure” on our Online Trading Facilityunderstood by you. 6.3. 5.3 Without prejudice to any of the foregoingabove, we shall not be responsible for verifying liable to verify and/or checking verify whether you have sufficient knowledge and/or experience for accessing to access and/or using use our Online Trading Facility and/or entering to enter into financial contracts via through our Online Trading Facility, nor shall 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 experienceuse our online trading facility if you do not qualify and inform us immediately in writing.

Appears in 1 contract

Samples: Client Agreement

EXPERIENCE AND KNOWLEDGE IN FINANCIAL MATTERS. 6.1. Furthermore, our Online 40.1 The Company’s Trading Facility 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 Online Trading Facility trading Platform and entering into Transactions and Contracts via our Online Trading Facility Platform and who have done so without relying on any information contained on, or in our Online Trading Facility Platform and/or otherwise provided by us in relation thereto. 6.2. 40.2 In accordance with the foregoingforegoing the Client hereby represents, you hereby represent, warrant warrants and covenant, covenants without prejudice to any other representations, warranties and/or covenants made under this Agreement: : (a) that you have 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 and or/ Contracts via our Online Company’s Trading Facility; Platform; (b) that you have the Client has done so without relying on any information contained on or in our Online Company’s Trading Facility Platform and/or otherwise provided by us Company in relation thereto: ; (c) that you act 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 our Online Trading Facility;(dPlatform; (d) that, regardless of any subsequent determination to of the contrary, contrary trading in financial contracts, Transactions and/or Contracts via our Online Company’s Trading Facility Platform (and in such other investments as we may from time to time agree) is appropriate for the Client and suitable for you and that you are the Client is aware of all risks involved with in such Transactions and/or Contracts; ; (e) that you are the Client is willing and financially able to sustain a total loss of funds resulting from any Transactions and/or Contracts entered into via our Online the Trading Facility; and (f) that you have read, and fully understood, the “Risk Disclosure” on our Online Trading FacilityPlatform. 6.3. 40.3 Without prejudice to any of the foregoing, we Company shall not be responsible for verifying and/or checking whether you have the Client has sufficient knowledge and/or experience for accessing and/or using our Online Company’s Trading Facility and/or Platform and/ or entering into financial contracts via our Online Company’s Trading FacilityPlatform, nor shall we 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. 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

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