Instructions and Dealing Practices. 1.1 The Client shall give clear and unambiguous instructions to the Dealer. Such instructions shall be in accordance with the regulations that may be prescribed by the Dealer from time to time or the regulations of the Chinese Gold and Silver Exchange Society or the London Bullion Market Association or other relevant markets. The Dealer is hereby requested and authorized by the Client to act as broker or as agent or as principal to execute the Client’s Investment order(s) constituting Precious Metals Contract in accordance with the terms and conditions of this agreement. For the avoidance of doubt, the Client hereby expressly agrees and confirms the Dealer by itself or its authorized representatives or staff whether acting in its capacity as the principal or agents for any parties shall have the absolute discretion to take opposite position to match any open position of the Client without any notification to Client or his Authorized Representative(s). 1.2 The Dealer shall be entitled to rely on any Investment orders which the Dealer reasonably believes in good faith to be from a person authorized by the Client to act on the Client’s behalf and the Client shall be bound by such communication. The Client agrees to indemnify the Dealer against any loss, costs and/or expenses (including legal costs) suffered or incurred by the Dealer in reliance thereof. The Investment orders may be given orally (whether by telephone or physical meeting) or in writing (whether by telex or fax) or in such other form as the Client and the Dealer may agree and all communications and correspondences must quote the Access Code and Client’s account number. Once an Investment order is given, it may not be rescinded or withdrawn without the written consent or confirmation of the Dealer. All orders given by the Client will be in clear and unambiguous terms. 1.3 The Client understands and acknowledges that the Access Code is strictly confidential and is required as a means to verify his identity before execution of any Investment orders and/or giving any instructions. The Client further acknowledge that the Dealer, its employees or any agents acting on behalf of the Dealer shall be entitled to refuse executing or handling any Investment orders placed by the Client or his Authorized Representative if the Client or his Authorised Representative cannot quote the Access Code correctly or the Dealer has a reasonable doubt or suspicion that the person quoting the Access Code whether verbally or electronically is neither the Client nor the Authorized Representative himself. The Client is under a duty to keep the Access Code confidential and shall be responsible for all Precious Metals Contracts made, losses, costs and expenses in the event the Access Code is disclosed to any third parties (“Unauthorized Persons”) (including the employees and/or agents of the Dealer if not acting in their course of employment, the investment advisors or any third parties) by the Client or his Authorized Representative whether deliberately or unintentionally or mistakenly and the Dealer shall bear no responsibility for any loss or damage whatsoever incurred should any transaction or Investment Order or Precious Metals Contract be accepted and concluded by the Dealer on reliance of the Unauthorized Persons who correctly provide the Access Code and account number of the Client or his Authorized Representative to the Dealer whether verbally or electronically or by any other means or communication. The Client also understands and acknowledges that the Client Telephone Code is different from the Access Code, and is required as a means to verify his identity before execution of any Investment orders and/or giving any instructions through telephone communication with the Dealer’s dealing room. The Client further acknowledges that the Dealer, any agents acting on behalf of the Dealer shall be entitled to refuse executing or handling any Investment orders placed by the Client or his Authorized Representative if the Client or his Authorized Representative cannot quote the Client Telephone Code correctly or the Dealer has a reasonable doubt or suspicion that the person quoting the Client Telephone Code whether verbally or electronically is neither the Client nor the Authorized Representative himself. The Client is under a duty to keep the Client Telephone Code confidential and shall be responsible for all Precious Metals Contracts made, losses, cost, and expenses in the event the Client Telephone Code is disclosed to any third parties (“Unauthorized Person”) (including agents of the Dealer if not acting in their course of employment, the investment advisors or any third parties) by the Client or his Authorized Representative whether deliberately or unintentionally or mistakenly and the Dealer shall bear no responsibility for any loss or damage whatsoever incurred should any transaction or Investment Order or Precious Metals Contract be accepted and concluded by the Dealer on reliance of the Unauthorized Persons who correctly provide the Client Telephone Code and account number of the Client or his Authorized Representative to the Dealer whether verbally or electronically or by any other means or communication.
Appears in 2 contracts
Samples: Client Agreement, Client Agreement
Instructions and Dealing Practices. 1.1 The Client shall give clear and unambiguous instructions to the Dealer. Such instructions shall be in accordance with the regulations that may be prescribed by the Dealer from time to time or the regulations of the Chinese Gold and Silver Exchange Society or the London Bullion Market Association or other relevant markets. The Dealer is hereby requested and authorized by the Client to act as broker or as agent or as principal to execute the Client’s Investment order(s) constituting Precious Metals Contract in accordance with the terms and conditions of this agreement. For the avoidance of doubt, the Client hereby expressly agrees and confirms the Dealer by itself or its authorized representatives or staff whether acting in its capacity as the principal or agents for any parties shall have the absolute discretion to take opposite position to match any open position of the Client without any notification to Client or his Authorized Representative(s).
1.2 The Client may appoint a person to operate his account(s) opened and maintained with the Dealer by furnishing the Authorized Representative’s information during online registration or by completing and signing the Letter of Authorization annexed hereto this Agreement and upon the confirmation of the Dealer, the Client and his authorized representative may operate the account(s) with the Dealer jointly.
1.3 The Dealer shall be entitled to rely on any Investment orders which the Dealer reasonably believes in good faith to be from a person authorized by the Client to act on the Client’s behalf and the Client shall be bound by such communication. The Client agrees to indemnify the Dealer against any loss, costs and/or expenses (including legal costs) suffered or incurred by the Dealer in reliance thereof. The Investment orders may be given orally (whether by telephone or physical meeting) or in writing (whether by telex or fax) or via web facility or in such other form as the Client and the Dealer may agree and all communications and correspondences must quote the Access Code and Client’s account number. Once an Investment order is given, it may not be rescinded or withdrawn without the written consent or confirmation of the Dealer. All orders given by the Client will be in clear and unambiguous terms.
1.3 The Client understands and acknowledges that the Access Code is strictly confidential and is required as a means to verify his identity before execution of any Investment orders and/or giving any instructions. The Client further acknowledge that the Dealer, its employees or any agents acting on behalf of the Dealer shall be entitled to refuse executing or handling any Investment orders placed by the Client or his Authorized Representative if the Client or his Authorised Representative cannot quote the Access Code correctly or the Dealer has a reasonable doubt or suspicion that the person quoting the Access Code whether verbally or electronically is neither the Client nor the Authorized Representative himself. The Client is under a duty to keep the Access Code confidential and shall be responsible for all Precious Metals Contracts made, losses, costs and expenses in the event the Access Code is disclosed to any third parties (“Unauthorized Persons”) (including the employees and/or agents of the Dealer if not acting in their course of employment, the investment advisors or any third parties) by the Client or his Authorized Representative whether deliberately or unintentionally or mistakenly and the Dealer shall bear no responsibility for any loss or damage whatsoever incurred should any transaction or Investment Order or Precious Metals Contract be accepted and concluded by the Dealer on reliance of the Unauthorized Persons who correctly provide the Access Code and account number of the Client or his Authorized Representative to the Dealer whether verbally or electronically or by any other means or communication. The Client also understands and acknowledges that the Client Telephone Code is different from the Access Code, and is required as a means to verify his identity before execution of any Investment orders and/or giving any instructions through telephone communication with the Dealer’s dealing room. The Client further acknowledges that the Dealer, any agents acting on behalf of the Dealer shall be entitled to refuse executing or handling any Investment orders placed by the Client or his Authorized Representative if the Client or his Authorized Representative cannot quote the Client Telephone Code correctly or the Dealer has a reasonable doubt or suspicion that the person quoting the Client Telephone Code whether verbally or electronically is neither the Client nor the Authorized Representative himself. The Client is under a duty to keep the Client Telephone Code confidential and shall be responsible for all Precious Metals Contracts made, losses, cost, and expenses in the event the Client Telephone Code is disclosed to any third parties (“Unauthorized Person”) (including agents of the Dealer if not acting in their course of employment, the investment advisors or any third parties) by the Client or his Authorized Representative whether deliberately or unintentionally or mistakenly and the Dealer shall bear no responsibility for any loss or damage whatsoever incurred should any transaction or Investment Order or Precious Metals Contract be accepted and concluded by the Dealer on reliance of the Unauthorized Persons who correctly provide the Client Telephone Code and account number of the Client or his Authorized Representative to the Dealer whether verbally or electronically or by any other means or communication.
Appears in 2 contracts
Samples: Client Agreement, Client Agreement