Common use of Further Representations, Warranties and Covenants Clause in Contracts

Further Representations, Warranties and Covenants. 68.1 In addition to, and without prejudice, to any other representations, warranties and covenants set forth in this Agreement, you hereby further represent, warrant, covenant and agree: (a) that all sums, investments or other assets supplied by you for any purpose, subject to these Terms, shall at all times be free from any charge, lien, pledge or encumbrance and shall be beneficially owned by you and, in particular, without prejudice to the generality of the foregoing, that, except as otherwise agreed by us, you are the sole beneficial owner of all Margin you transfer under this Agreement; (b) that you act as Principal and sole beneficial owner (but not as trustee) in entering into this Agreement and each Transaction performed hereunder and that no Person other than you has or will have an interest in your Account(s); (c) that, regardless of any subsequent determination to the contrary, trading in leveraged Financial Instruments on the Over-the-Counter Market (and in such other investments as we may from time to time agree) is suitable for you and that you are aware of all risks involved with such Transactions; and (d) that you are willing and financially able to sustain a total loss of funds resulting from Transactions performed hereunder. 68.2 By using our Online Trading Facility, you represent, warrant, covenant and declare that all the funds that you use and invest on our Services do not originate in any way from drug trafficking, abduction, terrorist activity or any other criminal activity that is unlawful or could be considered unlawful by any authority. In the event that we may become suspicious that you may be engaging in or have engaged in such fraudulent, unlawful or improper activity, including, without limitation, money laundering activities, or conduct otherwise in violation of these Terms, your access to our Online Trading Facility may be terminated immediately and/or your Account blocked. If your Account is terminated or blocked in such circumstances, we are under no obligation to refund any funds that may be in your account, unless otherwise instructed by a relevant regulatory authority. In addition to terminating your access to our Online Trading Facility and/or blocking your Account, we reserve the right to prevent you from accessing any of our other websites or servers, or accessing any other services offered by us. We shall be entitled to inform the relevant authorities, other online service providers and banks, credit card companies, electronic payment providers or other financial institutions of your identity and of any suspected unlawful, fraudulent or improper activity and you will cooperate fully with us to investigate any such activity. 68.3 The above representations and warranties shall be deemed to be repeated each time in the future you enter into a Transaction or provide Instructions to us, for the duration of our customer relationship. 68.4 You covenant to us that: (a) you will at all times obtain and comply, and do all that is necessary to maintain in full force and effect, all authority, powers, consents, licences and authorizations referred to in this clause; (b) you will promptly notify us of the occurrence of any Event of Default or potential Event of Default; (c) you will use all reasonable steps to comply with all Applicable Laws, Rules and/or Regulations in relation to this Agreement and any Transaction hereunder, so far as they are applicable to you or us; (d) you will not send Orders or otherwise take any action that could create a false impression of the demand or value for Trading Instrument, or send Orders which you have reason to believe are in breach of Applicable Laws, Rules and/or Regulations (e) you shall observe the standard of behaviour reasonably expected of persons in your position and not take any step which would cause us to fail to observe the standard of behaviour reasonably expected of persons in our respective positions; and (e) upon demand, you will provide us with such information as we may reasonably require to evidence the matters referred to in this clause or to comply with any Applicable Laws, Rules and/or Regulations.

Appears in 2 contracts

Samples: Customer Agreement, Customer Agreement

AutoNDA by SimpleDocs

Further Representations, Warranties and Covenants. 68.1 66.1 In addition to, and without prejudice, to any other representations, warranties and covenants set forth in this Agreement, you hereby further represent, warrant, covenant and agree: (a) that all sums, investments or other assets supplied by you for any purpose, subject to these Terms, shall at all times be free from any charge, lien, pledge or encumbrance and shall be beneficially owned by you and, in particular, without prejudice to the generality of the foregoing, that, except as otherwise agreed by us, you are the sole beneficial owner of all Margin you transfer under this Agreement; (b) that you act as Principal and sole beneficial owner (but not as trustee) in entering into this Agreement and each Transaction and/or Contract performed hereunder and that no Person other than you has or will have an interest in your Account(s); (cb) that, regardless of any subsequent determination to the contrary, trading in leveraged Financial Instruments on the Over-the-Counter Market (and in such other investments as we may from time to time agree) is suitable for you and that you are aware of all risks involved with such TransactionsTransactions and/or Contracts; and (dc) that you are willing and financially able to sustain a total loss of funds resulting from Transactions and/or Contracts performed hereunder. 68.2 66.2 By using our Online Trading Facility, you represent, warrant, covenant and declare that all the funds that you use and invest on our Services do not originate in any way from drug trafficking, abduction, terrorist activity or any other criminal activity that is unlawful or could be considered unlawful by any authority. In the event that we may become suspicious that you may be engaging in or have engaged in such fraudulent, unlawful or improper activity, including, without limitation, money laundering activities, or conduct otherwise in violation of these TermsTerms and Conditions, your access to our Online Trading Facility may be terminated immediately and/or your Account may be blocked. If your Account is terminated or blocked in such circumstances, we are under no obligation to refund any funds that may be in your account, unless otherwise instructed by a relevant regulatory authority. In addition to terminating your access to our Online Trading Facility and/or blocking your Account, we reserve the right to prevent you from accessing any of our other websites or servers, or accessing any other services offered by us. We shall be entitled to inform the relevant authorities, other online service providers and banks, credit card companies, electronic payment providers or other financial institutions of your identity and of any suspected unlawful, fraudulent or improper activity and you will cooperate fully with us to investigate any such activity. 68.3 66.3 The above representations and warranties shall be deemed to be repeated each time in the future you enter into a Transaction or Contract or provide Instructions to us, for the duration of our customer business relationship. 68.4 66.4 You covenant to us that: (a) you will at all times obtain and comply, and do all that is necessary to maintain in full force and effect, all authority, powers, consents, licences licenses and authorizations referred to in this clause; (b) you will promptly notify us of the occurrence of any Event of Default or potential Event of Default; (c) you will use all reasonable steps to comply with all Applicable Laws, Rules and/or Regulations in relation to this Agreement and any Transaction and/or Contract hereunder, so far as they are applicable to you or us; (d) you will not send Orders or otherwise take any action that could create a false impression of the demand or value for Trading Financial Instrument, or send Orders which you have reason to believe are in breach of Applicable Laws, Rules and/or Regulations (e) you shall observe the standard of behaviour behavior reasonably expected of persons in your position and not take any step which would cause us to fail to observe the standard of behaviour behavior reasonably expected of persons in our respective positions; and (e) upon demand, you will provide us with such information as we may reasonably require to evidence the matters referred to in this clause or to comply with any Applicable Laws, Rules and/or Regulations. 66.5 You represent and agree that, if you are employee or contractor of a financial services firm or any other firm that has controls over the financial transactions in which its employees and contractors deal, you will give us proper notice of this and of any restrictions that apply to your dealings. In such case, we reserve the right to request for acknowledgement/confirmation letter from the Compliance Department of your firm regarding the trading accounts/transactions that are held/being carried out with our Company. 66.6 You further represent and agree that you will not use our bid and ask prices for any purpose other than for your own trading purposes, and you agree not to redistribute our bid and ask prices to any other person whether such redistribution be for commercial or other purposes.

Appears in 1 contract

Samples: Client Agreement

Further Representations, Warranties and Covenants. 68.1 65.1 In addition to, and without prejudice, to any other representations, warranties and covenants set forth in this Agreement, you hereby further represent, warrant, covenant and agree: (a) that all sums, investments or other assets supplied by you for any purpose, subject to these Terms, shall at all times be free from any charge, lien, pledge or encumbrance and shall be beneficially owned by you and, in particular, without prejudice to the generality of the foregoing, that, except as otherwise agreed by us, you are the sole beneficial owner of all Margin you transfer under this Agreement; (b) that you act as Principal and sole beneficial owner (but not as trustee) in entering into this Agreement and each Transaction performed hereunder and that no Person other than you has or will have an interest in your Account(s); (c) that, regardless of any subsequent determination to the contrary, trading in leveraged Financial Instruments on the Over-the-Counter Market (and in such other investments as we may from time to time agree) is suitable for you and that you are aware of all risks involved with such Transactions; and (d) that you are willing and financially able to sustain a total loss of funds resulting from Transactions performed hereunder. 68.2 65.2 By using our Online Trading Facility, you represent, warrant, covenant and declare that all the funds that you use and invest on our Services do not originate in any way from drug trafficking, abduction, terrorist activity or any other criminal activity that is unlawful or could be considered unlawful by any authority. In the event that we may become suspicious that you may be engaging in or have engaged in such fraudulent, unlawful or improper activity, including, without limitation, money laundering activities, or conduct otherwise in violation of these Terms, your access to our Online Trading Facility may be terminated immediately and/or your Account blocked. If your Account is terminated or blocked in such circumstances, we are under no obligation to refund any funds that may be in your account, unless otherwise instructed by a relevant regulatory authority. In addition to terminating your access to our Online Trading Facility and/or blocking your Account, we reserve the right to prevent you from accessing any of our other websites or servers, or accessing any other services offered by us. We shall be entitled to inform the relevant authorities, other online service providers and banks, credit card companies, electronic payment providers or other financial institutions of your identity and of any suspected unlawful, fraudulent or improper activity and you will cooperate fully with us to investigate any such activity. 68.3 65.3 The above representations and warranties shall be deemed to be repeated each time in the future you enter into a Transaction or provide Instructions to us, for the duration of our customer relationship. 68.4 65.4 You covenant to us that: (a) you will at all times obtain and comply, and do all that is necessary to maintain in full force and effect, all authority, powers, consents, licences and authorizations referred to in this clause; (b) you will promptly notify us of the occurrence of any Event of Default or potential Event of Default; (c) you will use all reasonable steps to comply with all Applicable Laws, Rules and/or Regulations in relation to this Agreement and any Transaction hereunder, so far as they are applicable to you or us; (d) you will not send Orders or otherwise take any action that could create a false impression of the demand or value for Trading Instrument, or send Orders which you have reason to believe are in breach of Applicable Laws, Rules and/or Regulations (e) you shall observe the standard of behaviour behavior reasonably expected of persons in your position and not take any step which would cause us to fail to observe the standard of behaviour behavior reasonably expected of persons in our respective positions; and (e) upon demand, you will provide us with such information as we may reasonably require to evidence the matters referred to in this clause or to comply with any Applicable Laws, Rules and/or Regulations.

Appears in 1 contract

Samples: Customer Agreement

Further Representations, Warranties and Covenants. 68.1 68.1. In addition to, and without prejudice, to any other representations, warranties and covenants set forth in this Agreement, you hereby further represent, warrant, covenant and agree: (a) that all sums, investments or other assets supplied by you for any purpose, subject to these Terms, shall at all times be free from any charge, lien, pledge or encumbrance and shall be beneficially owned by you and, in particular, without prejudice to the generality of the foregoing, that, except as otherwise agreed by us, you are the sole beneficial owner of all Margin you transfer under this Agreement; (b) that you act as Principal and sole beneficial owner (but not as trustee) in entering into this Agreement and each Transaction and/or Contract performed hereunder and that no Person other than you has or will have an interest in your Account(s); (cb) that, regardless of any subsequent determination to the contrary, trading in leveraged Financial Instruments on the Over-the-Counter Market (and in such other investments as we may from time to time agree) is suitable for you and that you are aware of all risks involved with such TransactionsTransactions and/or Contracts; and (dc) that you are willing and financially able to sustain a total loss of funds resulting from Transactions and/or Contracts performed hereunder. 68.2 68.2. By using our Online Trading Facility, you represent, warrant, covenant and declare that all the funds that you use and invest on our Services do not originate in any way from drug trafficking, abduction, terrorist activity or any other criminal activity that is unlawful or could be considered unlawful by any authority. In the event that we may become suspicious that you may be engaging in or have engaged in such fraudulent, unlawful or improper activity, including, without limitation, money laundering activities, or conduct otherwise in violation of these TermsTerms and Conditions, your access to our Online Trading Facility may be terminated immediately and/or your Account may be blocked. If your Account is terminated or blocked in such circumstances, we are under no obligation to refund any funds that may be in your account, unless otherwise instructed by a relevant regulatory authority. In addition to terminating your access to our Online Trading Facility and/or blocking your Account, we reserve the right to prevent you from accessing any of our other websites or servers, or accessing any other services offered by us. We shall be entitled to inform the relevant authorities, other online service providers and banks, credit card companies, electronic payment providers or other financial institutions of your identity and of any suspected unlawful, fraudulent or improper activity and you will cooperate fully with us to investigate any such activity. 68.3 68.3. The above representations and warranties shall be deemed to be repeated each time in the future you enter into a Transaction or Contract or provide Instructions to us, for the duration of our customer business relationship. 68.4 68.4. You covenant to us that: (a) you will at all times obtain and comply, and do all that is necessary to maintain in full force and effect, all authority, powers, consents, licences and authorizations referred to in this clause; (b) you will promptly notify us of the occurrence of any Event of Default or potential Event of Default; (c) you will use all reasonable steps to comply with all Applicable Laws, Rules and/or Regulations in relation to this Agreement and any Transaction and/or Contract hereunder, so far as they are applicable to you or us; (d) you will not send Orders or otherwise take any action that could create a false impression of the demand or value for Trading Financial Instrument, or send Orders which you have reason to believe are in breach of Applicable Laws, Rules and/or Regulations (e) you shall observe the standard of behaviour reasonably expected of persons in your position and not take any step which would cause us to fail to observe the standard of behaviour reasonably expected of persons in our respective positions; and (e) upon demand, you will provide us with such information as we may reasonably require to evidence the matters referred to in this clause or to comply with any Applicable Laws, Rules and/or Regulations. 68.5. You represent and agree that, if you are employee or contractor of a financial services firm or any other firm that has controls over the financial transactions in which its employees and contractors deal, you will give us proper notice of this and of any restrictions that apply to your dealings. In such case, we reserve the right to request for acknowledgement/confirmation letter from the Compliance Department of your firm regarding the trading accounts/transactions that are held/being carried out with our Company. 68.6. You further represent and agree that you will not use our bid and ask prices for any purpose other than for your own trading purposes, and you agree not to redistribute our bid and ask prices to any other person whether such redistribution be for commercial or other purposes. 68.7. You further represent and agree that you will read and fully understand the content of the additional information and documents available to you on our Website, prior to opening a trading account with us, which include, among others, Key Information Document (“KID”), our Complaints Handling Procedures, Costs, Disclosures, etc. 68.8. The KID provides you with key information about our investment products. It is not marketing material. This information is required by Law to help you understand the nature, risks, costs, potential gains and losses of such products and to help you compare it with other products. You specifically consent to the provision of the Key Information Documents through our Website.

Appears in 1 contract

Samples: Client Agreement

Further Representations, Warranties and Covenants. 68.1 44.1. In addition to, and without prejudice, prejudice to any other representations, warranties and covenants set forth in this Agreement, you hereby further represent, warrant, covenant and agree: (a) agree that all sums, investments or other assets funds supplied by you for any purpose, subject to these Termsterms, shall at all times be free from any charge, lien, pledge or encumbrance and shall be beneficially owned by you and, in particular, without prejudice to the generality of the foregoing, that, except as otherwise agreed by us, you are the sole beneficial owner of all Margin you transfer under this Agreement; (b) that you act as Principal and sole beneficial owner (but not as trustee) in entering into this Agreement and each Transaction performed hereunder and that no Person other than you has or will have an interest in your Account(s); (c) that, regardless of any subsequent determination to the contrary, trading in leveraged Financial Instruments on the Over-the-Counter Market (and in such other investments as we may from time to time agree) is suitable for you and that you are aware of all risks involved with such Transactions; and (d) that you are willing and financially able to sustain a total loss of funds resulting from Transactions performed hereunderyou. 68.2 44.2. By using our Online Trading Facility, Facility you represent, warrant, covenant and declare that all the funds that you use and invest on our Services services do not originate in any way from drug trafficking, abduction, terrorist activity or any other criminal activity that is unlawful or could be considered unlawful by any authority. In the event that Should we may become suspicious that you may be engaging in or have engaged in such fraudulent, unlawful or improper activity, including, without limitation, money laundering activities, or conduct otherwise in violation of these Terms, activity your access to our Online Trading Facility may be terminated immediately and/or your Account blocked. If your Account is terminated or blocked in such circumstances, we are under no obligation to refund any funds that may be held in your accountAccount, unless otherwise instructed by a relevant competent regulatory authority. In addition to terminating your access to our Online Trading Facility and/or blocking your Account, we reserve the right to prevent you from accessing any of our other websites or servers, or accessing any other services offered by us. We shall be entitled to inform the relevant authorities, other online service providers and banks, credit card companies, electronic payment providers or other financial institutions of your identity and of any suspected unlawful, fraudulent or improper activity and you will cooperate fully with us to investigate any such activity. 68.3 The above representations and warranties shall be deemed to be repeated each time in the future you enter into a Transaction or provide Instructions to us, for the duration of our customer relationship. 68.4 44.3. You covenant to us that: (a) you will at all times obtain and complycomply with, and do all that is necessary to maintain in full force and effect, all authority, powers, consents, licences and authorizations authorisations referred to in this clause; (b) you will promptly notify us of the occurrence of any Event of Default or potential Event of Default; (c) you will use all reasonable steps to comply with all Applicable Laws, Rules and/or Regulations in relation to this Agreement and any Transaction CFD hereunder, so far as they are applicable to you or us; (d) you will not send Orders or otherwise take any action that could create a false impression of the demand for or value for of a Trading Instrument, or send Orders which you have reason to believe are in breach of Applicable Laws, Rules and/or Regulations (e) you shall observe the standard of behaviour reasonably expected of persons in your position and not take any step which would cause us to fail to observe the standard of behaviour reasonably expected of persons in our respective positionsRegulations; and (e) upon demand, you will provide us with such information as we may reasonably require to evidence the matters referred to in this clause or to comply with any Applicable Laws, Rules and/or Regulations.

Appears in 1 contract

Samples: Customer Agreement

Further Representations, Warranties and Covenants. 68.1 70.1 In addition to, and without prejudicelimiting, to any other representations, warranties and warranties, or covenants set forth in this Agreement, you hereby further represent, warrant, covenant covenant, and agree: (a) that all sums, investments or other assets supplied by you for any purpose, subject to these Terms, shall at all times be free from any charge, lien, pledge or encumbrance and shall be beneficially owned by you and, in particular, without prejudice to the generality of the foregoing, that, except as otherwise agreed by us, you are the sole beneficial owner of all Margin you transfer under this Agreement; (b) that you act will be treated as Principal and sole beneficial owner (but not a "Retail client," unless we classify or reclassify you as trustee) in entering into this Agreement and each Transaction performed hereunder and that no Person other than you has a "Professional client" or will have an interest in your Account(s); (c) that, regardless of any subsequent determination to the contrary, trading in leveraged Financial Instruments a "Eligible Counterparty," based on the Over-the-Counter Market (and in such other investments as we may from time to time agree) is suitable for information you and that you are aware of all risks involved with such Transactions; and (d) that you are willing and financially able to sustain a total loss of funds resulting from Transactions performed hereunderprovide when completing the registration process or thereafter. 68.2 70.2 By using our Online Trading Facility, you represent, warrant, covenant covenant, and declare that all the funds that you use used and invest invested on our Services do not originate in any way come from drug trafficking, abductionkidnapping, terrorist activity terrorism, or any other criminal activity conduct that is unlawful or could might be considered unlawful illegal by any authority. In the event that we may become suspicious that you Your access to our Online Trading Facility may be immediately terminated and/or your Account blocked if we suspect you are engaging in or have engaged in such any fraudulent, unlawful unlawful, or improper activity, including, without limitation, money laundering activities, or conduct otherwise in violation of these Terms, your access to our Online Trading Facility may be terminated immediately and/or your Account blockedTerms and Conditions. If your Account is terminated or blocked in such circumstancesUnless otherwise authorized by a relevant regulatory authority, we are under no obligation duty to refund repay any funds that may be in your account, unless otherwise instructed by a relevant regulatory authorityaccount if your Account is cancelled or blocked in such circumstances. In addition to terminating your access to our Online Trading Facility and/or blocking your Account, we We reserve the right to prevent you from accessing any of our other websites or servers, or accessing from using any of our other services offered by usservices, in addition to terminating your access to our Online Trading Facility and/or blocking your Account. We shall be entitled will have the right to inform the relevant appropriate authorities, other online service providers providers, and banks, credit card companies, electronic payment providers providers, or other financial institutions of your identity and of any suspected unlawful, fraudulent fraudulent, or improper activity activity, and you will fully cooperate fully with us to investigate any such activityin our investigation. 68.3 The above 70.3 For the length of our client relationship, the aforementioned representations and warranties shall will be deemed to be repeated reiterated each time in the future you enter into a Transaction Transaction, Contract, or provide submit Instructions to us, for the duration of our customer relationship. 68.4 70.4 You covenant to us that: (a) you will at all times agree to: a. obtain and comply, and do all that is necessary to maintain in full force and effect, comply with all authority, powers, consents, licences licenses, and authorizations authorisations referred to in this clauseclause at all times, and do everything necessary to keep them in full force and effect; and (b) you will keep all authority, powers, consents, licenses, and authorisations referred to in this clause in full force and effect. b. promptly notify us of the occurrence of any Event of Default or potential Event of Default; (c) you will use ; c. take all reasonable steps to comply with all Applicable Laws, Rules Rules, and/or Regulations in relation to this Agreement and any Transaction and/or Contract hereunder, so far as to the extent they are applicable apply to you or us; (d) you will ; d. not send Orders or otherwise take any action that could create a false impression of the demand or value for Trading Financial Instrument, or ; and e. not send Orders which or you have reason to believe are in breach of Applicable Laws, Rules and/or Regulations (e) you shall observe must follow the standard of behaviour conduct reasonably expected of persons in your position and not take any step which action that would cause us to fail to observe follow the standard of behaviour conduct reasonably expected of persons in our respective positions; and (e) upon demand, you will and f. provide us with such information as we may reasonably require to evidence request upon demand. seek proof of the matters referred to mentioned in this clause section or to comply compliance with any Applicable Lawsapplicable laws, Rules rules, and/or Regulationsregulations.

Appears in 1 contract

Samples: Terms and Conditions

Further Representations, Warranties and Covenants. 68.1 70.1 In addition to, and without prejudicelimiting, to any other representations, warranties and warranties, or covenants set forth in this Agreement, you hereby further represent, warrant, covenant covenant, and agree: (a) that all sums, investments or other assets supplied by you for any purpose, subject to these Terms, shall at all times be free from any charge, lien, pledge or encumbrance and shall be beneficially owned by you and, in particular, without prejudice to the generality of the foregoing, that, except as otherwise agreed by us, you are the sole beneficial owner of all Margin you transfer under this Agreement; (b) that you act will be treated as Principal and sole beneficial owner (but not a "Retail client," unless we classify or reclassify you as trustee) in entering into this Agreement and each Transaction performed hereunder and that no Person other than you has a "Professional client" or will have an interest in your Account(s); (c) that, regardless of any subsequent determination to the contrary, trading in leveraged Financial Instruments a "Eligible Counterparty," based on the Over-the-Counter Market (and in such other investments as we may from time to time agree) is suitable for information you and that you are aware of all risks involved with such Transactions; and (d) that you are willing and financially able to sustain a total loss of funds resulting from Transactions performed hereunderprovide when completing the registration process or thereafter. 68.2 70.2 By using our Online Trading Facility, you represent, warrant, covenant covenant, and declare that all the funds that you use used and invest invested on our Services do not originate in any way come from drug trafficking, abductionkidnapping, terrorist activity terrorism, or any other criminal activity conduct that is unlawful or could might be considered unlawful illegal by any authority. In the event that we may become suspicious that you Your access to our Online Trading Facility may be immediately terminated and/or your Account blocked if we suspect you are engaging in or have engaged in such any fraudulent, unlawful unlawful, or improper activity, including, without limitation, money laundering activities, or conduct otherwise in violation of these Terms, your access to our Online Trading Facility may be terminated immediately and/or your Account blockedTerms and Conditions. If your Account is terminated or blocked in such circumstancesUnless otherwise authorised by a relevant regulatory authority, we are under no obligation duty to refund repay any funds that may be in your account, unless otherwise instructed by a relevant regulatory authorityaccount if your Account is cancelled or blocked in such circumstances. In addition to terminating your access to our Online Trading Facility and/or blocking your Account, we We reserve the right to prevent you from accessing any of our other websites or servers, or accessing from using any of our other services offered by usservices, in addition to terminating your access to our Online Trading Facility and/or blocking your Account. We shall be entitled will have the right to inform the relevant appropriate authorities, other online service providers providers, and banks, credit card companies, electronic payment providers providers, or other financial institutions of your identity and of any suspected unlawful, fraudulent fraudulent, or improper activity activity, and you will fully cooperate fully with us to investigate any such activityin our investigation. 68.3 The above 70.3 For the length of our client relationship, the aforementioned representations and warranties shall will be deemed to be repeated reiterated each time in the future you enter into a Transaction Transaction, Contract, or provide submit Instructions to us, for the duration of our customer relationship. 68.4 70.4 You covenant to us that: (a) you will at all times obtain and comply, and do all that is necessary to maintain in full force and effect, all authority, powers, consents, licences and authorizations referred to in this clause; (b) you will promptly notify us of the occurrence of any Event of Default or potential Event of Default; (c) you will use all reasonable steps to comply with all Applicable Laws, Rules and/or Regulations in relation to this Agreement and any Transaction hereunder, so far as they are applicable to you or us; (d) you will not send Orders or otherwise take any action that could create a false impression of the demand or value for Trading Instrument, or send Orders which you have reason to believe are in breach of Applicable Laws, Rules and/or Regulations (e) you shall observe the standard of behaviour reasonably expected of persons in your position and not take any step which would cause us to fail to observe the standard of behaviour reasonably expected of persons in our respective positions; and (e) upon demand, you will provide us with such information as we may reasonably require to evidence the matters referred to in this clause or to comply with any Applicable Laws, Rules and/or Regulations.agree to:

Appears in 1 contract

Samples: Terms and Conditions

Further Representations, Warranties and Covenants. 68.1 73.1 In addition to, and without prejudice, to any other representations, warranties and covenants set forth in this Agreement, you hereby further represent, warrant, covenant and agree: (a) that you shall be treated as a “Retail client”, unless we shall classify or reclassify you as a “Professional client” or an “Eligible Counterparty”, depending on the information that you shall provide when completing the registration process or thereafter; (b) that all sums, investments or other assets supplied by you for any purpose, subject to these TermsTerms and conditions, shall at all times be free from any charge, lien, pledge or encumbrance and shall be beneficially owned by you and, in particular, without prejudice to the generality of the foregoing, that, except as otherwise agreed by us, you are the sole beneficial owner of all Margin you transfer under this Agreement, free and clear of any Security interest whatsoever other than a lien routinely imposed on all securities in a clearing system in which such securities may be held; (bc) that you act as Principal and sole beneficial owner (but not as trustee) in entering into this Agreement and each Transaction and/or Contract performed hereunder and that no Person other than you has or will have an interest in your Account(s); (cd) that, regardless of any subsequent determination to the contrary, trading in leveraged Financial leveragedFinancial Instruments on the Over-the-Counter Market (and in such other investments as we may from time to time agree) is suitable for you and that you are aware of all risks involved with such TransactionsTransactions and/or Contracts; and (de) that you are willing and financially able to sustain a total loss of funds resulting from Transactions and/or Contracts performed hereunder. 68.2 73.2 By using our Online Trading Facility, you represent, warrant, covenant and declare that all the funds that you use and invest on our Services do not originate in any way from drug trafficking, abduction, terrorist activity or any other criminal activity that is unlawful or could be considered unlawful by any authority. In the event that we may become suspicious that you may be engaging in or have engaged in such fraudulent, unlawful or improper activity, including, without limitation, money laundering activities, or conduct otherwise in violation of these TermsTerms and Conditions, your access to our Online Trading Facility may be terminated immediately and/or your Account blocked. If your Account is terminated or blocked in such circumstances, we are under no obligation to refund any funds that may be in your account, unless otherwise instructed by a relevant regulatory authority. In addition to terminating your access to our Online Trading Facility and/or blocking your Account, we reserve the right to prevent you from accessing any of our other websites or servers, or accessing any other services offered by us. We shall be entitled to inform the relevant authorities, other online service providers and banks, credit card creditcard companies, electronic payment providers or other financial institutions of your identity and of any suspected unlawful, fraudulent or improper activity and you will cooperate fully with us to investigate any such activity. 68.3 73.3 The above representations and warranties shall be deemed to be repeated each time in the future you enter into a Transaction or Contract or provide Instructions to us, for the duration of our customer client relationship. 68.4 73.4 You covenant to us that: (a) you will at all times obtain and comply, and do all that is necessary to maintain in full force and effect, all authority, powers, consents, licences and authorizations authorisations referred to in this clause; (b) you will promptly notify us of the occurrence of any Event of Default or potential Event of Default; (c) you will use all reasonable steps to comply with all Applicable Laws, Rules and/or Regulations in relation to this Agreement and any Transaction and/or Contract hereunder, so far as they are applicable to you or us; (d) you will not send Orders or otherwise take any action that could create a false impression of the demand or value for Trading Financial Instrument, or send Orders which you have reason to believe are in breach of Applicable ofApplicable Laws, Rules and/or Regulations (e) you shall observe the standard of behaviour reasonably expected of persons in your position and not take any step which would cause us to fail to observe the standard of behaviour reasonably expected of persons ofpersons in our respective positions; and (e) upon demand, you will provide us with such information as we may reasonably require to evidence the matters referred to in this clause or to comply with any Applicable Laws, Rules and/or Regulations.

Appears in 1 contract

Samples: Online Trading Agreement

AutoNDA by SimpleDocs

Further Representations, Warranties and Covenants. 68.1 In addition to, and without prejudice, to any other representations, warranties and covenants set forth in this Agreement, you hereby further represent, warrant, covenant and agree: (a) that all sums, investments or other assets supplied by you for any purpose, subject to these Terms, shall at all times be free from any charge, lien, pledge or encumbrance and shall be beneficially owned by you and, in particular, without prejudice to the generality of the foregoing, that, except as otherwise agreed by us, you are the sole beneficial owner of all Margin you transfer under this Agreement; (b) that you act as Principal and sole beneficial owner (but not as trustee) in entering into this Agreement and each Transaction and/or Contract performed hereunder and that no Person other than you has or will have an interest in your Account(s); (cb) that, regardless of any subsequent determination to the contrary, trading in leveraged Financial Instruments on the Over-the-Counter Market (and in such other investments as we may from time to time agree) is suitable for you and that you are aware of all risks involved with such TransactionsTransactions and/or Contracts; and (dc) that you are willing and financially able to sustain a total loss of funds resulting from Transactions and/or Contracts performed hereunder. 68.2 . By using our Online Trading Facility, you represent, warrant, covenant and declare that all the funds that you use and invest on our Services do not originate in any way from drug trafficking, abduction, terrorist activity or any other criminal activity that is unlawful or could be considered unlawful by any authority. In the event that we may become suspicious that you may be engaging in or have engaged in such fraudulent, unlawful or improper activity, including, without limitation, money laundering activities, or conduct otherwise in violation of these TermsTerms and Conditions, your access to our Online Trading Facility may be terminated immediately and/or your Account may be blocked. If your Account is terminated or blocked in such circumstances, we are under no obligation to refund any funds that may be in your account, unless otherwise instructed by a relevant regulatory authority. In addition to terminating your access to our Online Trading Facility and/or blocking your Account, we reserve the right to prevent you from accessing any of our other websites or servers, or accessing any other services offered by us. We shall be entitled to inform the relevant authorities, other online service providers and banks, credit card companies, electronic payment providers or other financial institutions of your identity and of any suspected unlawful, fraudulent or improper activity and you will cooperate fully with us to investigate any such activity. 68.3 . The above representations and warranties shall be deemed to be repeated each time in the future you enter into a Transaction or Contract or provide Instructions to us, for the duration of our customer business relationship. 68.4 . You covenant to us that: (a) you will at all times obtain and comply, and do all that is necessary to maintain in full force and effect, all authority, powers, consents, licences and authorizations authorisations referred to in this clause; (b) you will promptly notify us of the occurrence of any Event of Default or potential Event of Default; (c) you will use all reasonable steps to comply with all Applicable Laws, Rules and/or Regulations in relation to this Agreement and any Transaction hereunder, so far as they are applicable to you or us; (d) you will not send Orders or otherwise take any action that could create a false impression of the demand or value for Trading Instrument, or send Orders which you have reason to believe are in breach of Applicable Laws, Rules and/or Regulations (e) you shall observe the standard of behaviour reasonably expected of persons in your position and not take any step which would cause us to fail to observe the standard of behaviour reasonably expected of persons in our respective positions; and (e) upon demand, you will provide us with such information as we may reasonably require to evidence the matters referred to in this clause or to comply with any Applicable Laws, Rules and/or Regulations.;

Appears in 1 contract

Samples: Customer Agreement

Further Representations, Warranties and Covenants. 68.1 66.1 In addition to, and without prejudice, to any other representations, warranties and covenants set forth in this Agreement, you hereby further represent, warrant, covenant and agree: (a) that all sums, investments or other assets supplied by you for any purpose, subject to these Terms, shall at all times be free from any charge, lien, pledge or encumbrance and shall be beneficially owned by you and, in particular, without prejudice to the generality of the foregoing, that, except as otherwise agreed by us, you are the sole beneficial owner of all Margin you transfer under this Agreement; (b) that you act as Principal and sole beneficial owner (but not butnot as trustee) in entering inentering into this Agreement and each Transaction andeach Transactionand/or Contract performed hereunder and that no Person other than you has or will have an interest in your Account(s); (cb) that, regardless of any subsequent determination to the contrary, trading in leveraged Financial Instruments on the Over-the-Counter Market (and in such other andinsuchother investments as we may from time to time agree) is suitable for you and that youandthat you are aware of all risks involved with such Transactionsinvolvedwithsuch Transactions and/or Contracts; and (dand(c) that you are youare willing and financially able to sustain a total loss of funds resulting from Transactions and/or Contracts performed hereunder. 68.2 66.2 By using our usingour Online Trading Facility, you representyourepresent, warrant, covenant and declare anddeclare that all the funds that you use and invest on our onour Services do not donot originate in any way from drug trafficking, abduction, terrorist activity or any other criminal activity that is unlawful or could be considered unlawful by couldbe consideredunlawfulby any authority. In the event that eventthat we may become suspicious that you may maybecome suspiciousthat youmay be engaging in engagingin or have engaged in engagedin such fraudulent, unlawful or improper activity, including, without limitation, money laundering activities, or conduct otherwise in violation of these Termsinviolation ofthese Terms and Conditions, your access to our Online Trading Facility may be terminated immediately and/or your Account may be blocked. If your Account is terminated or terminatedor blocked in such circumstancessuchcircumstances, we are under no obligation to refund any noobligationto refundany funds that may be maybe in your account, unless otherwise instructed by unlessotherwise instructedby a relevant regulatory relevantregulatory authority. In addition to terminating your access to our Online Trading Facility and/or blocking your Account, we reserve the right to prevent you from accessing any of our other websites or websitesor servers, or accessing any other services offered by us. We shall be shallbe entitled to inform the relevant authorities, other online service providers and banks, credit card companies, electronic payment providers or other financial institutions of your identity and of any suspected unlawful, fraudulent or improper activity and you will cooperate fully with us to investigate any such activity. 68.3 66.3 The above representations and warranties shall be deemed to be repeated each time in the future you enter into a Transaction or Contract or provide Instructions to Instructionsto us, for the duration of durationof our customer business relationship. 68.4 You covenant 66.4 Youcovenant to us thatusthat: (a) you will at all times obtain and comply, and do andcomply,anddo all that is necessary isnecessary to maintain in full force and effect, all authority, powers, consents, licences licenses and authorizations referred to in this clause; (b) you will promptly notify us of the usofthe occurrence of any Event of ofany Eventof Default or potential Event of Default; (c) you will youwill use all reasonable steps to comply with all Applicable Laws, Rules and/or Regulations in relation to this Agreement and any Transaction and/or Contract hereunder, so far as they are theyare applicable to you or toyouor us; (d) you will not youwillnot send Orders or otherwise take any action that could create a false impression of the demand or value for Trading Financial Instrument, or send Orders which you have reason to reasonto believe are in breach inbreach of Applicable Laws, Rules and/or Rulesand/or Regulations (e) you shall observe the standard of behaviour reasonably expected behaviorreasonablyexpected of persons in your position and not take any step which would cause inyour positionandnot takeanystepwhichwouldcause us to fail to observe the standard of behaviour behavior reasonably expected of persons in our respective positions; and (e) upon demand, you will provide us with such information as we suchinformation aswe may reasonably require to evidence the matters referred to in this clause or to comply with any Applicable Laws, Rules and/or Regulations. 66.5 You represent and agree that, if you are employee or contractor of a financial services firm or any other firm that has controlsover the financial transactions inwhichits employeesand contractors deal, youwill giveusproper notice of this and of any restrictions that apply to your dealings. In such case, we reserve the right to request for acknowledgement/confirmation letter from the Compliance Department of your firm regarding the trading accounts/transactions that are held/being carried out with our Company. 66.6 You further represent and agree that you will not use our bid and ask prices for any purpose other than for your own trading purposes, and you agree not to redistribute our bid andask prices to any other person whether such redistribution be for commercial or other purposes.

Appears in 1 contract

Samples: Client Agreement

Further Representations, Warranties and Covenants. 68.1 In addition to, and without prejudice, to any other representations, warranties and covenants set forth in this Agreement, you hereby further represent, warrant, covenant and agree: (a) that all sums, investments or other assets supplied by you for any purpose, subject to these Terms, shall at all times be free from any charge, lien, pledge or encumbrance and shall be beneficially owned by you and, in particular, without prejudice to the generality of the foregoing, that, except as otherwise agreed by us, you are the sole beneficial owner of all Margin you transfer under this Agreement; (b) that you act as Principal and sole beneficial owner (but not as trustee) in entering into this Agreement and each Transaction performed hereunder and that no Person other than you has or will have an interest in your Account(s); (c) that, regardless of any subsequent determination to the contrary, trading in leveraged Financial Instruments on the Over-the-Counter Market (and in such other investments as we may from time to time agree) is suitable for you and that you are aware of all risks involved with such Transactions; and (d) that you are willing and financially able to sustain a total loss of funds resulting from Transactions performed hereunder. 68.2 By using our Online Trading Facility, you represent, warrant, covenant and declare that all the funds that you use and invest on our Services do not originate in any way from drug trafficking, abduction, terrorist activity or any other criminal activity that is unlawful or could be considered unlawful by any authority. In the event that we may become suspicious that you may be engaging in or have engaged in such fraudulent, unlawful or improper activity, including, without limitation, money laundering activities, or conduct otherwise in violation of these Terms, your access to our Online Trading Facility may be terminated immediately and/or your Account blocked. If your Account is terminated or blocked in such circumstances, we are under no obligation to refund any funds that may be in your account, unless otherwise instructed by a relevant regulatory authority. In addition to terminating your access to our Online Trading Facility and/or blocking your Account, we reserve the right to prevent you from accessing any of our other websites or servers, or accessing any other services offered by us. We shall be entitled to inform the relevant authorities, other online service providers and banks, credit card companies, electronic payment providers or other financial institutions of your identity and of any suspected unlawful, fraudulent or improper activity and you will cooperate fully with us to investigate any such activity. 68.3 The above representations and warranties shall be deemed to be repeated each time in the future you enter into a Transaction or provide Instructions to us, for the duration of our customer client relationship. 68.4 You covenant to us that: (a) you will at all times obtain and comply, and do all that is necessary to maintain in full force and effect, all authority, powers, consents, licences and authorizations referred to in this clause; (b) you will promptly notify us of the occurrence of any Event of Default or potential Event of Default; (c) you will use all reasonable steps to comply with all Applicable Laws, Rules and/or Regulations in relation to this Agreement and any Transaction hereunder, so far as they are applicable to you or us; (d) you will not send Orders or otherwise take any action that could create a false impression of the demand or value for Trading Instrument, or send Orders which you have reason to believe are in breach of Applicable Laws, Rules and/or Regulations (e) you shall observe the standard of behaviour reasonably expected of persons in your position and not take any step which would cause us to fail to observe the standard of behaviour reasonably expected of persons in our respective positions; and (e) upon demand, you will provide us with such information as we may reasonably require to evidence the matters referred to in this clause or to comply with any Applicable Laws, Rules and/or Regulations.

Appears in 1 contract

Samples: Customer Agreement

Further Representations, Warranties and Covenants. 68.1 73.1 In addition to, and without prejudice, to any other representations, warranties and covenants set forth in this Agreement, you hereby further represent, warrant, covenant and agree: (a) that you shall be treated as a “Retail client”, unless we shall classify or reclassify you as a “Professional client” or an “Eligible Counterparty”, depending on the information that you shall provide when completing the registration process or thereafter; (b) that all sums, investments or other assets supplied by you for any purpose, subject to these TermsTerms and conditions, shall at all times be free from any charge, lien, pledge or encumbrance and shall be beneficially owned by you and, in particular, without prejudice to the generality of the foregoing, that, except as otherwise agreed by us, you are the sole beneficial owner of all Margin you transfer under this Agreement, free and clear of any Security interest whatsoever other than a lien routinely imposed on all securities in a clearing system in which such securities may be held; (bc) that you act as Principal and sole beneficial owner (but not as trustee) in entering into this Agreement and each Transaction and/or Contract performed hereunder and that no Person other than you has or will have an interest in your Account(s); (cd) that, regardless of any subsequent determination to the contrary, trading in leveraged Financial Instruments on the Over-the-Counter Market (and in such other investments as we may from time to time agree) is suitable for you and that you are aware of all risks involved with such TransactionsTransactions and/or Contracts; and (de) that you are willing and financially able to sustain a total loss of funds resulting from Transactions and/or Contracts performed hereunder. 68.2 73.2 By using our Online Trading Facility, you represent, warrant, covenant and declare that all the funds that you use and invest on our Services do not originate in any way from drug trafficking, abduction, terrorist activity or any other criminal activity that is unlawful or could be considered unlawful by any authority. In the event that we may become suspicious that you may be engaging in or have engaged in such fraudulent, unlawful or improper activity, including, without limitation, money laundering activities, or conduct otherwise in violation of these TermsTerms and Conditions, your access to our Online Trading Facility may be terminated immediately and/or your Account blocked. If your Account is terminated or blocked in such circumstances, we are under no obligation to refund any funds that may be in your account, unless otherwise instructed by a relevant regulatory authority. In addition to terminating your access to our Online Trading Facility and/or blocking your Account, we reserve the right to prevent you from accessing any of our other websites or servers, or accessing any other services offered by us. We shall be entitled to inform the relevant authorities, other online service providers and banks, credit card companies, electronic payment providers or other financial institutions of your identity and of any suspected unlawful, fraudulent or improper activity and you will cooperate fully with us to investigate any such activity. 68.3 73.3 The above representations and warranties shall be deemed to be repeated each time in the future you enter into a Transaction or Contract or provide Instructions to us, for the duration of our customer client relationship. 68.4 73.4 You covenant to us that: (a) you will at all times obtain and comply, and do all that is necessary to maintain in full force and effect, all authority, powers, consents, licences and authorizations authorisations referred to in this clause; (b) you will promptly notify us of the occurrence of any Event of Default or potential Event of Default; (c) you will use all reasonable steps to comply with all Applicable Laws, Rules and/or Regulations in relation to this Agreement and any Transaction and/or Contract hereunder, so far as they are applicable to you or us; (d) you will not send Orders or otherwise take any action that could create a false impression of the demand or value for Trading Financial Instrument, or send Orders which you have reason to believe are in breach of Applicable Laws, Rules and/or Regulations (e) you shall observe the standard of behaviour reasonably expected of persons in your position and not take any step which would cause us to fail to observe the standard of behaviour reasonably expected of persons in our respective positions; and (e) upon demand, you will provide us with such information as we may reasonably require to evidence the matters referred to in this clause or to comply with any Applicable Laws, Rules and/or Regulations.

Appears in 1 contract

Samples: Client Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!