ONLINE TRADING FACILITY. The Terms and Conditions for the Online Trading Facility are incorporated by reference herein and are made an integral part of the general Terms and Conditions as if fully set forth herein: a. I acknowledge that the Online Trading Facility and the Website, including the software and other contents thereof, are proprietary to you. I warrant and undertake that I shall not nor attempt to tamper with, modify, decompile, reverse engineer or otherwise alter in any way, or attempt to gain unauthorized access to any part of the Online Trading Facility or Website or any of the contents thereof. I also undertake to immediately notify you if I become aware of any actions described above being perpetrated by another person or entity. b. I agree that, as a condition of using your Online Trading Facility, I shall notify you within twenty-four (24) hours if: (1) I placed an instruction through the Online Trading Facility and I do not receive an accurate acknowledgement, in any acceptable form, of my instruction or its execution; (2) I receive acknowledgement, in any acceptable form, of a transaction which I did not instruct or any similar occurrence; or if (3) I become aware of any unauthorized use of my access code. I acknowledge and agree that if I fail to immediately notify you when any of the above situations occur, you will not have any liability to me, or to any other person whose claim arises from me. c. I acknowledge that I am solely responsible for any and all orders placed electronically in my Account(s). Any investment decision that I make or investment strategy that I utilize is done so at my sole discretion and at my own risk. I understand that you provide no tax, legal or investment advice of any kind, nor give advice or offer any opinion with respect to the nature, potential value or suitability of any particular securities transaction or investment strategy. I further understand that while I may be able to access financial or investment information or services through your Online Trading Facility, the availability of such information does not constitute a recommendation to buy or sell any of the securities discussed therein, or utilize any investment strategy. Any investment decisions I make will be based solely on my own evaluation of my financial circumstances and investment objectives. Any order entered using my password is mine. If third parties gain access to your services, including my Accounts, I will cooperate in defending and indemnifying you against any liability, costs or damages arising out of claims or suits based upon or relating to such access and use. d. I am responsible for knowing the rights and terms of all securities in my Account(s) and for monitoring the occurrence of any reorganizations or other events (e.g. stock splits and reverse stock splits) involving my securities. I acknowledge that certain securities may grant me valuable rights that may expire unless I take action on these rights. I understand that, except as required by law, you are not obligated to notify me of reorganizations or other events affecting the rights granted by my securities or, without specific instructions from me, to take any action on my behalf with respect to such events. e. For expediency, I understand that I have an option to open a Trade Settlement Account with Metrobank and enroll in the Metrobankdirect facility. In the event that I have an existing deposit Account with Metrobank, it may be designated as a regular and as a Trade Settlement Account at the same time. f. I hereby waive my rights under existing laws to the confidentiality of bank deposits with regard to the funds in my Trade Settlement Account that I ‘pledge_ or earmark through Metrobankdirect to fund this Stock Brokerage Account with you. I explicitly allow Metrobank to divulge information regarding this pledge and other requirements to you. g. I am aware that pledges in my Trade Settlement Account are intended to fund this Stock Brokerage Account with you for my futu re obligations to you in connection with my purchases of securities, fixed income, mutual funds or other transactions done and services rendered. I understand that the release of my pledges can be requested through Metrobankdirect and I further agree that I can not effect withdrawals thereon to the extent of the amount “pledged” in your favor without your prior approval h. I hereby authorize you to automatically debit my Trade Settlement Account as and when I purchase securities through you, or whenever I have any other amounts owing to you, in such amounts as may be necessary to fully settle my Account(s) with you, including without limitation the purchase price of securities purchased, commissions, taxes and other applicable fees, costs, levies or duties. i. In case the deposit account I have designated as a Trade Settlement Account is a joint “or” account, I shall not hold you and/or Metrobank liable for any action made by the other party in a joint “or” settlement account resulting from debit entries against the said account related to online trading. j. I understand that I will be allowed to purchase equities, fixed income securities, mutual funds or other products, up to the pledged amount in my Trade Settlement Account and any clear funds I have with First Metro Securities. I also understand that you have the option to credit to my Trade Settlement Account the proceeds of my stock/fixed income securities/mutual funds/other product sell transactions, cash dividends, maturities, etc. k. I shall abide by the internal procedural policy of Metrobank with regard to posting priority of bank transactions to my designated Trade Settlement Account. l. I understand and agree that you have the sole discretion to restrict trading on my Online Trading Facility or to cancel the same, at any time and without need of prior notice to me. m. I understand that you will not be responsible for the accessibility of, transmission quality, outages to, or malfunction of any telephone circuits, computer hardware or software (including viruses and bugs) or related/incidental problems. n. I agree that you shall not be liable for my inability to use the Online Trading Facility or for the access of the Website due to any unauthorized actions or transactions using my customer ID and password, or for any other cause beyond your control. o. I agree that you reserve the right to suspend service and deny access to the Online Trading Facility, without prior notice, during scheduled or unscheduled system maintenance, repairs and upgrades. I also agree that you have the right to modify or enhance the Website or any of its pages and features at your sole discretion and without prior notice. p. I understand that the Internet service for the Online Trading Facility is provided on a best-efforts basis by third party Service Providers. Since you are not the provider of the Internet Service, you shall not be liable for performance, acts, or omission of the said Internet service. Reasonable care and diligence has been taken by you in the choice of your Service Providers for the Online Trading Facility. However, there can be no assurance about the performance and availability of such facility through the Internet, and no such assurance is hereby made, and no assurance shall be deemed to have been made by you by virtue hereof. q. I understand that entering an order with you, including market orders, does not guarantee execution of the order, and I agree that you shall not be responsible for any order that is not executed. I understand that you have the right to break any executed transaction on the grounds that it was, in your opinion, "clearly erroneous". You shall not be deemed to have received any order electronically transmitted by me until you have actual knowledge of such order. When I place a request to cancel an order, the cancellation of that order is not guaranteed. My order will only be cancelled if my cancellation request is received by the Philippine Stock Exchange and tallied with my order before my order is matched up or executed. During market hours, it is rarely possible to cancel my market order as market orders are subject to immediate execution. I will not assume that any order has been executed or cancelled until I have received a transaction confirmation from you via the Website. I am aware th at you, from time to time, receive late reports from the exchange reporting the status of transactions. Accordingly, I may be subject to late reports related to orders that were previously unreported to me or reported to me as being expired, cancelled, or executed. In addition, any reporting or posting errors, including errors in execution prices, will be corrected to reflect what actually occurred in the market place. r. For use of the Online Trading Facility, I will create a password to enable me to place orders and access Account information through the Website. I am the sole and exclusive owner and the only authorized user of such password and accept sole responsibility for use, confidentiality and protection of the password as well as for all orders and information changes (i.e., Account profile changes such as change of address, etc.) entered into my Account using such password. Any Account profile change is as good as if I signed it on my original Customer Account Information Form (CAIF). I shall be liable for all transactions placed through the Online Trading Facility resulting from the use or misuse of my password. I accept full responsibility for the monitoring and safeguarding of my Account(s). I will immediately notify you in writing, delivered via e-mail and registered mail, if I become aware of any loss, theft or unauthorized use of my password and Account number; or any failure by me to receive a message from you indicating that an order was received and executed; or any failure by me to receive an accurate written confirmation of an execution; or any receipt by me of confirmation of an order and/or execution which I did not place; or any inaccurate information in my Account balances, securities positions, or transaction history. You shall not be liable for any transaction or losses from my Account despite receipt of my notice of loss or unauthorized use of my password if such transaction or loss occurred at or prior to the system tagging of my Accounts, or failure of the computer machine to register such notice of loss or for any reason whatsoever. If I forget my password, I must answer a challenge question online, and the system generated password will be sent to my registered email address. I will immediately change this password upon receipt. s. You will accept any amendments to my Account profile as requested by me through my registered email address. t. The risks attendant to the use of the Online Trading Facility shall be for my Account in as much as the use of the Online Trading Facility is electronically and system generated. I authorize you to make transactions in accordance with the order details received via the Online Trading Facility. You and your affiliates will not be liable for any consequential, incidental, special or indirect damage (including lost profits, trading losses, and damages) that result from inconvenience, delay or loss of the use of the Online Trading Facility even if you have been advised of the possibility of such damages. The use and storage of any information including, without l imitation, the password, portfolio information, transaction activity, Account balances and any other information or orders available on my personal computer is at my own risk and is my sole responsibility. I am responsible for providing and maintaining the communications equipment (including personal computers and modems) and telephone or alternative services required for accessing and using the Website or related services, and for all communications service fees and charges incurred by me in accessing the Website or related services. u. I understand that the PSE Data is copyright-protected. I agree not to frame or deep/direct link any information/webpage taken from the Website. This includes all informa tion available to me before and after logging on to the Website.
Appears in 3 contracts
Samples: Terms and Conditions, Terms and Conditions, Terms and Conditions
ONLINE TRADING FACILITY. The Terms and Conditions for the Online Trading Facility are incorporated by reference herein and are made an integral part of the general Terms and Conditions as if fully set forth herein:
a. I I/We acknowledge that the Online Trading Facility and the Website, including the software and other contents thereof, are proprietary to you. I I/We warrant and undertake that I I/We shall not nor attempt to tamper with, modify, decompile, reverse engineer engineer, or otherwise alter in any way, or attempt to gain unauthorized access to any part of the Online Trading Facility or Website or any of the contents thereof. I I/We also undertake to immediately notify you if I I/We become aware of any actions described above being perpetrated by another person or entity.
b. I I/We agree that, as a condition of using your Online Trading Facility, I I/We shall notify you within twenty-four (24) hours if:
(1) I I/We placed an instruction through the Online Trading Facility and I I/We do not receive an accurate acknowledgementacknowledgment, in any acceptable form, of my my/our instruction or its execution;
(2) I I/We receive acknowledgementan acknowledgment, in any acceptable form, of a transaction which I I/We did not instruct or any similar occurrence; or if
(3) I I/We become aware of any unauthorized use of my my/our access code. I .
I/ We acknowledge and agree that if I I/We fail to immediately notify you when any of the above situations occur, you will not have any liability to me/us, or to any other person whose claim arises from me/us.
c. I I/We acknowledge that I am I/We am/are solely responsible for any and all orders placed electronically in my Account(s). Any investment decision that I I/We make or investment strategy that I I/We utilize is done so at my my/our sole discretion and at my my/our own risk. I I/We understand that you provide no tax, legal legal, or investment advice of any kind, nor give advice or offer any opinion with respect to the nature, potential value value, or suitability of any particular securities transaction or investment strategy. I I/We further understand that while I I/We may be able to access financial or investment information or services through your Online Trading Facility, the availability of such information does not constitute a recommendation to buy or sell any of the securities discussed therein, therein or utilize any investment strategy. Any investment decisions I I/We make will be based solely on my my/our own evaluation of my my/our financial circumstances and investment objectives. Any order entered using my my/our password is mine. If third parties gain access to your services, including my my/our Accounts, I I/We will cooperate in defending and indemnifying you against any liability, costs or damages arising out of claims or suits based upon or relating to such access and use.
d. I am I/We am/are responsible for knowing the rights and terms of all securities in my my/our Account(s) and for monitoring the occurrence of any reorganizations or other events corporate actions (e.g. warrants, stock splits and reverse stock splits) and any material information involving my securitiesmy/our securities by regularly checking the disclosures from the listed companies as posted in the official channels of such listed companies and the PSE. I I/We acknowledge that certain securities may grant me me/us valuable rights that may expire unless I I/We take action on these rights. I I/We understand that, except as required by law, you are not obligated to notify me me/us of reorganizations or other events affecting the rights granted by my my/our securities or, without specific instructions from me/us, to take any action on my my/our behalf with respect to such events.
e. For expediency, I I/We understand that I I/We have an the option to open a Trade Settlement Account with Metrobank and enroll in the Metrobankdirect Metrobank Online Banking facility. In the event that I I/We have an existing deposit Account with Metrobank, it may be designated as a regular and as a Trade Settlement Account at the same time.
f. I hereby waive my rights under existing laws to the confidentiality of bank deposits with regard to the funds in my Trade Settlement Account that I ‘pledge_ or earmark through Metrobankdirect to fund this Stock Brokerage Account with you. I explicitly allow Metrobank to divulge information regarding this pledge and other requirements to you.
g. I am aware that pledges in my Trade Settlement Account are intended to fund this Stock Brokerage Account with you for my futu re obligations to you in connection with my purchases of securities, fixed income, mutual funds or other transactions done and services rendered. I understand that the release of my pledges can be requested through Metrobankdirect and I further agree that I can not effect withdrawals thereon to the extent of the amount “pledged” in your favor without your prior approval
h. I I/We hereby authorize you to automatically debit my my/our Trade Settlement Account as and when I I/We purchase securities through you, or whenever I I/We have any other amounts owing to you, in such amounts as may be necessary to fully settle my my/our Account(s) with you, including without limitation the purchase price of securities purchased, commissions, taxes and other applicable fees, costs, levies or duties.
i. g. In case the deposit account I I/We have designated as a Trade Settlement Account is a joint “or” account, I I/We shall not hold you and/or Metrobank the settlement bank liable for any action made by the other party in a joint “or” settlement account resulting from debit entries against the said account related to online trading.
j. I h. I/We understand that I I/We will be allowed to purchase equities, fixed income securities, mutual funds or other products, up to the pledged amount in my my/our Trade Settlement Account and any clear funds I I/We have with First Metro Securities. I I/We also understand that you have the option to credit to my my/our Trade Settlement Account the proceeds of my my/our stock/fixed income securities/mutual funds/other product sell transactions, cash dividends, maturities, etc.
k. I i. I/We shall abide by the internal procedural policy of Metrobank my/our settlement bank with regard to posting priority of bank transactions to my my/our designated Trade Settlement Account.
l. I j. I/We understand and agree that you have the sole discretion to restrict trading on my my/our Online Trading Facility or to cancel the same, at any time and without need of prior notice to me/us.
m. I k. I/We understand that you will not be responsible for the accessibility of, transmission quality, outages to, or malfunction of any telephone circuits, computer hardware or software (including viruses and bugs) or related/incidental problems.
n. I l. I/We agree that you shall not be liable for my my/our inability to use the Online Trading Facility or for the access of the Website due to any unauthorized actions or transactions using my my/our customer ID and password, or for any other cause beyond your control.
o. I m. I/We agree that you reserve the right to suspend service and deny access to the Online Trading Facility, without prior notice, during scheduled or unscheduled system maintenance, repairs repairs, and upgrades. I I/We also agree that you have the right to modify or enhance the Website or any of its pages and features at your sole discretion and without prior notice.
p. I n. I/We understand that the Internet service for the Online Trading Facility is provided on a best-efforts basis by third third-party Service Providers. Since you are not the provider of the Internet Service, you shall not be liable for performance, acts, or omission of the said Internet service. Reasonable care and diligence has have been taken by you in the choice of your Service Providers for the Online Trading Facility. However, there can be no assurance about the performance and availability of such facility through the Internet, and no such assurance is hereby made, and no assurance shall be deemed to have been made by you by virtue hereof.
q. I o. I/We understand that entering an order with you, including market orders, does not guarantee the execution of the order, and I I/We agree that you shall not be responsible for any order that is not executed. I I/We understand that you have the right to break any executed transaction on the grounds that it was, in your opinion, "clearly erroneous". You shall not be deemed to have received any order electronically transmitted by me me/us until you have actual knowledge of such order. When I I/We place a request to cancel an order, the cancellation of that order is not guaranteed. My My/Our order will only be cancelled canceled if my my/our cancellation request is received by the Philippine Stock Exchange PSE and tallied with my my/our order before my my/our order is matched up or executed. During market hours, it is rarely possible to cancel my my/our market order as market orders are subject to immediate execution. I I/We will not assume that any order has been executed or cancelled canceled until I I/We have received a transaction confirmation from you via the Website. I am I/We am/are aware th at that you, from time to time, receive late reports from the exchange reporting PSE about the status of transactions. Accordingly, I I/We may be subject to late reports related to orders that were previously unreported to me me/us or reported to me me/us as being expired, cancelledcanceled, or executed. In addition, any reporting or posting errors, including errors in execution prices, will be corrected to reflect what actually occurred in the market placemarketplace.
r. p. For use of the Online Trading Facility, I I/We will create a password to enable me me/us to place orders and access Account information through the Website. I am I/We am/are the sole and exclusive owner and the only authorized user user/s of such password and accept sole responsibility for the use, confidentiality confidentiality, and protection of the password as well as for all orders and information changes (i.e., Account profile changes such as change of address, etc.) entered into my my/our Account using such password. Any Account profile change is as good as if I I/We signed it on my my/our original Customer Account Information Form (CAIF). I I/We shall be liable for all transactions placed through the Online Trading Facility resulting from the use or misuse of my password. I I/We accept full responsibility for the monitoring and safeguarding of my my/our Account(s). I I/We will immediately notify you in writing, delivered via e-mail and registered mail, mail if I I/We become aware of any loss, theft theft, or unauthorized use of my my/our password and Account number; or any failure by me me/us to receive a message from you indicating that an order was received and executed; or any failure by me me/us to receive an accurate written confirmation of an execution; or any receipt by me me/us of confirmation of an order and/or execution which I I/We did not place; or any inaccurate information in my my/our Account balances, securities positions, or transaction history. You shall not be liable for any transaction or losses from my my/our Account despite receipt of my my/our notice of loss or unauthorized use of my my/our password if such transaction or loss occurred at or prior to the system tagging of my my/our Accounts, or failure of the computer machine to register such notice of loss or for any reason whatsoever. If I I/We forget my my/our password, I I/We must answer a challenge question online, and the system system-generated password will be sent to my my/our registered email address. I I/We will immediately change this password upon receipt.
s. q. You will accept any amendments to my my/our Account profile as requested by me me/us through my my/our registered email address.
t. r. The risks attendant to the use of the Online Trading Facility shall be for my my/our Account in as much as the use of the Online Trading Facility is electronically and system generated. I I/We authorize you to make transactions in accordance with the order details received via the Online Trading Facility. You and your affiliates will not be liable for any consequential, incidental, special special, or indirect damage (including lost profits, trading losses, and damages) that result from inconvenience, delay or loss of the use of the Online Trading Facility even if you have been advised of the possibility of such damages. The use and storage of any information including, without l imitationlimitation, the password, portfolio information, transaction activity, Account balances balances, and any other information or orders available on my my/our personal computer is at my my/our own risk and is my my/our sole responsibility. I am I/We am/are responsible for providing and maintaining the communications equipment (including personal computers and modems) and telephone or alternative services required for accessing and using the Website or related services, services and for all communications service fees and charges incurred by me me/us in accessing the Website or related services.
u. I s. I/We understand that the PSE Data is copyright-protected. I I/We agree not to frame or deep/direct link any information/webpage taken from the Website. This includes all informa tion information available to me me/us before and after logging on to the Website.
Appears in 2 contracts
Samples: Terms and Conditions, Terms and Conditions
ONLINE TRADING FACILITY. The Terms and Conditions for the Online Trading Facility are incorporated by reference herein and are made an integral part of the general Terms and Conditions as if fully set forth herein:
a. I acknowledge that the Online Trading Facility and the WebsiteW ebsite, including the software and other contents thereof, are proprietary to you. I warrant and undertake that I shall not nor attempt to tamper with, modify, decompile, reverse engineer or otherwise alter in any way, or attempt to gain unauthorized access to any part of the Online Trading Facility or Website W ebsite or any of the contents thereof. I also undertake to immediately notify you if I become aware of any actions described above being perpetrated by another person or entity.
b. I agree that, as a condition of using your Online Trading Facility, I shall notify you within twenty-four (24) hours if:
(1) I placed an instruction through the Online Trading Facility and I do not receive an accurate acknowledgement, in any acceptable form, of my instruction or its execution;
(2) I receive acknowledgement, in any acceptable form, of a transaction which I did not instruct or any similar occurrence; or if
(3) I become aware of any unauthorized use of my access code. I acknowledge and agree that if I fail to immediately notify you when any of the above situations occur, you will not have any liability to me, or to any other person whose claim arises from me.
c. I acknowledge that I am solely responsible for any and all orders placed electronically in my Account(saccount(s). Any investment decision that I make or investment strategy that I utilize is done so at my sole discretion and at my own risk. I understand that you provide no tax, legal or investment advice of any kind, nor give advice or offer any opinion with respect to the nature, potential value or suitability of any particular securities transaction or investment strategy. I further understand that while I may be able to access financial or investment information or services through your Online Trading Facility, the availability of such information does not constitute a recommendation to buy or sell any of the securities discussed therein, or utilize any investment strategy. Any investment decisions I make will be based solely on my own evaluation of my financial circumstances and investment objectives. Any order entered using my password is mine. If third parties gain access to your services, including my Accountsaccounts, I will cooperate in defending and indemnifying you against any liability, costs or damages arising out of claims or suits based upon or relating to such access and use.
d. I am responsible for knowing the rights and terms of all securities in my Account(saccount(s) and for monitoring the occurrence of any reorganizations or other events (e.g. stock splits and reverse stock splits) involving my securities. I acknowledge that certain securities may grant me valuable rights that may expire unless I take action on these rights. I understand that, except as required by law, you are not obligated to notify me of reorganizations or other events affecting the rights granted by my securities or, without specific instructions from me, to take any action on my behalf with respect to such events.
e. For expediency, I understand that I have an option to open a Trade Settlement Account with Metrobank and enroll in the Metrobankdirect facility. In the event that I have an existing deposit Account account with Metrobank, it may be designated as a regular and as a Trade Settlement Account at the same time.
f. I hereby waive my rights under existing laws to the confidentiality of bank deposits with regard to the funds in my Trade Settlement Account that I ‘pledge_ ’ or earmark through Metrobankdirect to fund this Stock Brokerage Account with you. I explicitly allow Metrobank to divulge information regarding this pledge and other requirements to you.
g. I am aware that pledges in my Trade Settlement Account are intended to fund this Stock Brokerage Account with you for my futu re future obligations to you in connection with my purchases of securities, fixed income, mutual funds or other transactions done and services rendered. I understand that the release of my pledges can be requested through Metrobankdirect and I further agree that I can not effect withdrawals thereon to the extent of the amount “pledged” in your favor without your prior approval
h. I hereby authorize you to automatically debit my Trade Settlement Account as and when I purchase securities through you, or whenever I have any other amounts owing to you, in such amounts as may be necessary to fully settle my Account(saccount(s) with you, including without limitation the purchase price of securities purchased, commissions, taxes and other applicable fees, costs, levies or duties.
i. In case the deposit account I have designated as a Trade Settlement Account is a joint “or” account, I shall not hold you and/or Metrobank liable for any action made by the other party in a joint “or” settlement account resulting from debit entries against the said account related to online trading.
j. I understand that I will be allowed to purchase equities, fixed income securities, mutual funds or other products, up to the pledged amount in my Trade Settlement Account and any clear funds I have with First Metro Securities. I also understand that you have the option to credit to my Trade Settlement Account the proceeds of my stock/fixed income securities/mutual funds/other product sell transactions, cash dividends, maturities, etc.
k. I shall abide by the internal procedural policy of Metrobank with regard to posting priority of bank transactions to my designated Trade Settlement Account.
l. I understand and agree that you have the sole discretion to restrict trading on my Online Trading Facility or to cancel the same, at any time and without need of prior notice to me.
m. I understand that you will not be responsible for the accessibility of, transmission quality, outages to, or malfunction of any telephone circuits, computer hardware or software (including viruses and bugs) or related/incidental problems.
n. I agree that you shall not be liable for my inability to use the Online Trading Facility or for the access of the Website W ebsite due to any unauthorized actions or transactions using my customer ID and password, or for any other cause beyond your control.
o. I agree that you reserve the right to suspend service and deny access to the Online Trading Facility, without prior notice, during scheduled or unscheduled system maintenance, repairs and upgrades. I also agree that you have the right to modify or enhance the Website W ebsite or any of its pages and features at your sole discretion and without prior notice.
p. I understand that the Internet service for the Online Trading Facility is provided on a best-efforts basis by third party Service Providers. Since you are not the provider of the Internet Service, you shall not be liable for performance, acts, or omission of the said Internet service. Reasonable care and diligence has been taken by you in the choice of your Service Providers for the Online Trading Facility. However, there can be no assurance about the performance and availability of such facility through the Internet, and no such assurance is hereby made, and no assurance shall be deemed to have been made by you by virtue hereof.
q. I understand that entering an order with you, including market orders, does not guarantee execution of the order, and I agree that you shall not be responsible for any order that is not executed. I understand that you have the right to break any executed transaction on the grounds that it was, in your opinion, "clearly erroneous". You shall not be deemed to have received any order electronically transmitted by me until you have actual knowledge of such order. When I place a request to cancel an order, the cancellation of that order is not guaranteed. My order will only be cancelled if my cancellation request is received by the Philippine Stock Exchange and tallied with my order before my order is matched up or executed. During market hours, it is rarely possible to cancel my market order as market orders are subject to immediate execution. I will not assume that any order has been executed or cancelled until I have received a transaction confirmation from you via the WebsiteW ebsite. I am aware th at that you, from time to time, receive late reports from the exchange reporting the status of transactions. Accordingly, I may be subject to late reports related to orders that were previously unreported to me or reported to me as being expired, cancelled, or executed. In addition, any reporting or posting errors, including errors in execution prices, will be corrected to reflect what actually occurred in the market place.
r. For use of the Online Trading Facility, I will create a password to enable me to place orders and access Account account information through the WebsiteW ebsite. I am the sole and exclusive owner and the only authorized user of such password and accept sole responsibility for use, confidentiality and protection of the password as well as for all orders and information changes (i.e., Account account profile changes such as change of address, etc.) entered into my Account account using such password. Any Account account profile change is as good as if I signed it on my original Customer Account Information Form (CAIF). I shall be liable for all transactions placed through the Online Trading Facility resulting from the use or misuse of my password. I accept full responsibility for the monitoring and safeguarding of my Account(saccount(s). I will immediately notify you in writing, delivered via e-mail and registered mail, if I become aware of any loss, theft or unauthorized use of my password and Account account number; or any failure by me to receive a message from you indicating that an order was received and executed; or any failure by me to receive an accurate written confirmation of an execution; or any receipt by me of confirmation of an order and/or execution which I did not place; or any inaccurate information in my Account account balances, securities positions, or transaction history. You shall not be liable for any transaction or losses from my Account account despite receipt of my notice of loss or unauthorized use of my password if such transaction or loss occurred at or prior to the system tagging of my Accountsaccounts, or failure of the computer machine to register such notice of loss or for any reason whatsoever. If I forget my password, I must answer a challenge question online, and the system generated password will be sent to my registered email address. I will immediately change this password upon receipt.
s. You will accept any amendments to my Account account profile as requested by me through my registered email address.
t. The risks attendant to the use of the Online Trading Facility shall be for my Account account in as much as the use of the Online Trading Facility is electronically and system generated. I authorize you to make transactions in accordance with the order details received via the Online Trading Facility. You and your affiliates will not be liable for any consequential, incidental, special or indirect damage (including lost profits, trading losses, and damages) that result from inconvenience, delay or loss of the use of the Online Trading Facility even if you have been advised of the possibility of such damages. The use and storage of any information including, without l imitationlimitation, the password, portfolio information, transaction activity, Account account balances and any other information or orders available on my personal computer is at my own risk and is my sole responsibility. I am responsible for providing and maintaining the communications equipment (including personal computers and modems) and telephone or alternative services required for accessing and using the Website W ebsite or related services, and for all communications service fees and charges incurred by me in accessing the Website or related services.
u. I understand that the PSE Data is copyright-protected. I agree not to frame or deep/direct link any information/webpage taken from the WebsiteW ebsite. This includes all informa tion information available to me before and after logging on to the WebsiteW ebsite.
Appears in 1 contract
Samples: Terms and Conditions
ONLINE TRADING FACILITY. The Terms and Conditions for the Online Trading Facility are incorporated by reference herein and are made an integral part of the general Terms and Conditions as if fully set forth herein:
a. I acknowledge that the Online Trading Facility and the Website, including the software and other contents thereof, are proprietary to you. I warrant and undertake that I shall not nor attempt to tamper with, modify, decompile, reverse engineer or otherwise alter in any way, or attempt to gain unauthorized access to any part of the Online Trading Facility or Website or any of the contents thereof. I also undertake to immediately notify you if I become aware of any actions described above being perpetrated by another person or entity.
b. I agree that, as a condition of using your Online Trading Facility, I shall notify you within twenty-four (24) hours if:
(1) I placed an instruction through the Online Trading Facility and I do not receive an accurate acknowledgement, in any acceptable form, of my instruction or its execution;
(2) I receive acknowledgement, in any acceptable form, of a transaction which I did not instruct or any similar occurrence; or if
(3) I become aware of any unauthorized use of my access code. I acknowledge and agree that if I fail to immediately notify you when any of the above situations occur, you will not have any liability to me, or to any other person whose claim arises from me.
c. I acknowledge that I am solely responsible for any and all orders placed electronically in my Account(saccount(s). Any investment decision that I make or investment strategy that I utilize is done so at my sole discretion and at my own risk. I understand that you provide no tax, legal or investment advice of any kind, nor give advice or offer any opinion with respect to the nature, potential value or suitability of any particular securities transaction or investment strategy. I further understand that while I may be able to access financial or investment information or services through your Online Trading Facility, the availability of such information does not constitute a recommendation to buy or sell any of the securities discussed therein, or utilize any investment strategy. Any investment decisions I make will be based solely on my own evaluation of my financial circumstances and investment objectives. Any order entered using my password is mine. If third parties gain access to your services, including my Accountsaccounts, I will cooperate in defending and indemnifying you against any liability, costs or damages arising out of claims or suits based upon or relating to such access and use.
d. I am responsible for knowing the rights and terms of all securities in my Account(saccount(s) and for monitoring the occurrence of any reorganizations or other events (e.g. stock splits and reverse stock splits) involving my securities. I acknowledge that certain securities may grant me valuable rights that may expire unless I take action on these rights. I understand that, except as required by law, you are not obligated to notify me of reorganizations or other events affecting the rights granted by my securities or, without specific instructions from me, to take any action on my behalf with respect to such events.
e. For expediency, I understand that I have an option to open a Trade Settlement Account with Metrobank and enroll in the Metrobankdirect facility. In the event that I have an existing deposit Account account with Metrobank, it may be designated as a regular and as a Trade Settlement Account at the same time.
f. I hereby waive my rights under existing laws to the confidentiality of bank deposits with regard to the funds in my Trade Settlement Account that I ‘pledge_ or earmark through Metrobankdirect to fund this Stock Brokerage Account with you. I explicitly allow Metrobank to divulge information regarding this pledge and other requirements to you.
g. I am aware that pledges in my Trade Settlement Account are intended to fund this Stock Brokerage Account with you for my futu re future obligations to you in connection with my purchases of securities, fixed income, mutual funds or other transactions done and services rendered. I understand that the release of my pledges can be requested through Metrobankdirect and I further agree that I can not effect withdrawals thereon to the extent of the amount “pledged” in your favor without your prior approval
h. I hereby authorize you to automatically debit my Trade Settlement Account as and when I purchase securities through you, or whenever I have any other amounts owing to you, in such amounts as may be necessary to fully settle my Account(saccount(s) with you, including without limitation the purchase price of securities purchased, commissions, taxes and other applicable fees, costs, levies or duties.
i. In case the deposit account I have designated as a Trade Settlement Account is a joint “or” _ account, I shall not hold you and/or Metrobank liable for any action made by the other party in a joint “or” settlement account resulting from debit entries against the said account related to online trading.
j. I understand that I will be allowed to purchase equities, fixed income securities, mutual funds or other products, up to the pledged amount in my Trade Settlement Account and any clear funds I have with First Metro Securities. I also understand that you have the option to credit to my Trade Settlement Account the proceeds of my stock/fixed income securities/mutual funds/other product sell transactions, cash dividends, maturities, etc.
k. I shall abide by the internal procedural policy of Metrobank with regard to posting priority of bank transactions to my designated Trade Settlement Account.
l. I understand and agree that you have the sole discretion to restrict trading on my Online Trading Facility or to cancel the same, at any time and without need of prior notice to me.
m. I understand that you will not be responsible for the accessibility of, transmission quality, outages to, or malfunction of any telephone circuits, computer hardware or software (including viruses and bugs) or related/incidental problems.
n. I agree that you shall not be liable for my inability to use the Online Trading Facility or for the access of the Website due to any unauthorized actions or transactions using my customer ID and password, or for any other cause beyond your control.
o. I agree that you reserve the right to suspend service and deny access to the Online Trading Facility, without prior notice, during scheduled or unscheduled system maintenance, repairs and upgrades. I also agree that you have the right to modify or enhance the Website or any of its pages and features at your sole discretion and without prior notice.
p. I understand that the Internet service for the Online Trading Facility is provided on a best-efforts basis by third party Service Providers. Since you are not the provider of the Internet Service, you shall not be liable for performance, acts, or omission of the said Internet service. Reasonable care and diligence has been taken by you in the choice of your Service Providers for the Online Trading Facility. However, there can be no assurance about the performance and availability of such facility through the Internet, and no such assurance is hereby made, and no assurance shall be deemed to have been made by you by virtue hereof.
q. I understand that entering an order with you, including market orders, does not guarantee execution of the order, and I agree that you shall not be responsible for any order that is not executed. I understand that you have the right to break any executed transaction on the grounds that it was, in your opinion, "clearly erroneous". You shall not be deemed to have received any order electronically transmitted by me until you have actual knowledge of such order. When I place a request to cancel an order, the cancellation of that order is not guaranteed. My order will only be cancelled if my cancellation request is received by the Philippine Stock Exchange and tallied with my order before my order is matched up or executed. During market hours, it is rarely possible to cancel my market order as market orders are subject to immediate execution. I will not assume that any order has been executed or cancelled until I have received a transaction confirmation from you via the Website. I am aware th at that you, from time to time, receive late reports from the exchange reporting the status of transactions. Accordingly, I may be subject to late reports related to orders that were previously unreported to me or reported to me as being expired, cancelled, or executed. In addition, any reporting or posting errors, including errors in execution prices, will be corrected to reflect what actually occurred in the market place.
r. For use of the Online Trading Facility, I will create a password to enable me to place orders and access Account account information through the Website. I am the sole and exclusive owner and the only authorized user of such password and accept sole responsibility for use, confidentiality and protection of the password as well as for all orders and information changes (i.e., Account account profile changes such as change of address, etc.) entered into my Account account using such password. Any Account account profile change is as good as if I signed it on my original Customer Account Information Form (CAIF). I shall be liable for all transactions placed through the Online Trading Facility resulting from the use or misuse of my password. I accept full responsibility for the monitoring and safeguarding of my Account(saccount(s). I will immediately notify you in writing, delivered via e-mail and registered mail, if I become aware of any loss, theft or unauthorized use of my password and Account account number; or any failure by me to receive a message from you indicating that an order was received and executed; or any failure by me to receive an accurate written confirmation of an execution; or any receipt by me of confirmation of an order and/or execution which I did not place; or any inaccurate information in my Account account balances, securities positions, or transaction history. You shall not be liable for any transaction or losses from my Account account despite receipt of my notice of loss or unauthorized use of my password if such transaction or loss occurred at or prior to the system tagging of my Accountsaccounts, or failure of the computer machine to register such notice of loss or for any reason whatsoever. If I forget my password, I must answer a challenge question online, and the system generated password will be sent to my registered email address. I will immediately change this password upon receipt.
s. You will accept any amendments to my Account account profile as requested by me through my registered email address.
t. The risks attendant to the use of the Online Trading Facility shall be for my Account account in as much as the use of the Online Trading Facility is electronically and system generated. I authorize you to make transactions in accordance with the order details received via the Online Trading Facility. You and your affiliates will not be liable for any consequential, incidental, special or indirect damage (including lost profits, trading losses, and damages) that result from inconvenience, delay or loss of the use of the Online Trading Facility even if you have been advised of the possibility of such damages. The use and storage of any information including, without l imitationlimitation, the password, portfolio information, transaction activity, Account account balances and any other information or orders available on my personal computer is at my own risk and is my sole responsibility. I am responsible for providing and maintaining the communications equipment (including personal computers and modems) and telephone or alternative services required for accessing and using the Website or related services, and for all communications service fees and charges incurred by me in accessing the Website or related services.
u. I understand that the PSE Data is copyright-protected. I agree not to frame or deep/direct link any information/webpage taken from the Website. This includes all informa tion information available to me before and after logging on to the Website.
Appears in 1 contract
Samples: Terms and Conditions
ONLINE TRADING FACILITY. The Terms and Conditions for the Online Trading Facility are incorporated by reference herein and are made an integral part of the general Terms and Conditions as if fully set forth herein::
a. I acknowledge that the Online Trading Facility and the Website, including the software and other contents thereof, are proprietary to you. I warrant and undertake that I shall not nor attempt to tamper with, modify, decompile, reverse engineer or otherwise alter in any way, or attempt to gain unauthorized access to any part of the Online Trading Facility or Website or any of the contents thereof. I also undertake to immediately notify you if I become aware of any actions described above being perpetrated by another person or entity.
b. I agree that, as a condition of using your Online Trading FacilityFacility or its successor, I shall notify you within twenty-four (24) hours if:
(1) I placed an instruction through the Online Trading Facility and I do did not receive an accurate acknowledgement, in any acceptable form, of my instruction or its execution;
(2) I receive received acknowledgement, in any acceptable form, of a transaction which I did not instruct or any similar occurrence; or if
(3) I become aware of any unauthorized use of my access code. I acknowledge and agree that if I fail to immediately notify you when any of the above situations occur, you will not have any liability to me, or to any other person whose claim arises from me.
c. I acknowledge that I am solely responsible for any and all orders placed electronically in my Account(sBDO Securities trading account(s). Any investment decision that I make or investment strategy that I utilize is done so at my sole discretion and at my own risk. I understand that you provide no tax, legal or investment advice of any kind, nor give advice or offer any opinion with respect to the nature, potential value or suitability of any particular securities transaction or investment strategy. I further understand that while I may be able to access financial or investment information or services through your Online Trading Facility, the availability of such information does not constitute a recommendation to buy or sell any of the securities discussed therein, or utilize any investment strategy. Any investment decisions I make will be based solely on my own evaluation of my financial circumstances and investment objectives. Any order entered using my password and trading PIN is mine. If third parties gain access to your services, including my Accountsaccounts, I will cooperate in defending and indemnifying you against any liability, costs or damages arising out of claims or suits based upon or relating to such access and use.
d. I am responsible for knowing the rights and terms of all securities in my Account(sBDO Securities trading account(s) and for monitoring the occurrence of any reorganizations or other events (e.g. stock splits and reverse stock splits) involving my securities. I acknowledge that certain securities may grant me valuable rights that may expire unless I take action on these rights. I understand that, except as required by law, you are not obligated to notify me of reorganizations or other events affecting the rights granted by my securities or, without specific instructions from me, to take any action on my behalf with respect to such events.
e. For expediency, I understand that I must have an option to open a Trade Settlement active Savings or Checking Account (Philippine Peso, US Dollar and/or other foreign currency) with Metrobank and enroll BDO Unibank that is enrolled in the Metrobankdirect facility. In BDO Online banking facility to serve as my Beneficiary Account and for the event that I have an existing deposit Account with Metrobank, it may be designated purpose of account information data-pull (as a regular agreed and as a Trade Settlement Account at waived in the same timeInstruction and Consent).
f. I hereby waive my rights under existing laws to the confidentiality of bank deposits with regard to the funds in my Trade Settlement Account that I ‘pledge_ or earmark through Metrobankdirect to fund this Stock Brokerage Account with you. I explicitly allow Metrobank to divulge information regarding this pledge and other requirements to you.
g. I am aware that pledges in my Trade Settlement Account are intended to fund this Stock Brokerage Account with you for my futu re obligations to you in connection with my purchases of securities, fixed income, mutual funds or other transactions done and services rendered. I understand that the release of my pledges can be requested through Metrobankdirect and I further agree that I can not effect withdrawals thereon to the extent of the amount “pledged” in your favor without your prior approval
h. I hereby authorize you to automatically debit my Trade Settlement Account as and when I purchase securities through you, or whenever I have any other amounts owing to you, in such amounts as may be necessary to fully settle my Account(s) with you, including without limitation the purchase price of securities purchased, commissions, taxes and other applicable fees, costs, levies or duties.
i. In case the deposit account I have designated as a Trade Settlement Account is a joint “or” account, I shall not hold you and/or Metrobank liable for any action made by the other party in a joint “or” settlement account resulting from debit entries against the said account related to online trading.
j. I understand that I will be allowed to purchase equities, fixed income securities, mutual funds or other products, up to the pledged amount in my Trade Settlement Account and any clear funds I have with First Metro Securities. I also understand that you have the option to credit to my Trade Settlement Account the proceeds of my stock/fixed income securities/mutual funds/other product sell transactions, cash dividends, maturities, etc.
k. I shall abide by the internal procedural policy of Metrobank with regard to posting priority of bank transactions to my designated Trade Settlement Account.
l. I understand and agree that you have the sole discretion to restrict trading on my Online Trading Facility or to cancel the same, at any time and without need of prior notice to me.
m. g. I understand that you will not be responsible for the accessibility of, transmission quality, outages to, or malfunction of any telephone circuits, computer hardware or software (including viruses and bugs) or related/incidental problems.
n. h. I agree that you shall not be liable for my inability to use the Online Trading Facility or for the access of the Website due to any unauthorized actions or transactions using my customer ID ID, password and passwordTrading PIN, or for any other cause beyond your control.
o. i. I agree that you reserve the right to suspend service and deny access to the Online Trading Facility, without prior notice, during scheduled or unscheduled system maintenance, repairs and upgrades. I also agree that you have the right to modify or enhance the Website or any of its pages and features at your sole discretion and without prior notice.
p. j. I understand that the Internet service for the Online Trading Facility is provided on a best-efforts basis by third party Service Providersservice providers. Since you are not the provider of the Internet Serviceinternet service, you shall not be liable for performance, acts, or omission of the said Internet internet service. Reasonable care and diligence has been taken by you in the choice of your Service Providers service providers for the Online Trading Facility. However, there can be no assurance about the performance and availability of such facility through the Internet, and no such assurance is hereby made, and no assurance shall be deemed to have been made by you by virtue hereof.
q. k. I understand that entering an order with you, including market ordersorder, does not guarantee execution of the order, and I agree that you shall not be responsible for any order that is not executed. I understand that you have the right to break any executed transaction on the grounds that it was, in your opinion, "clearly erroneous". You shall not be deemed to have received any order electronically transmitted by me until you have actual knowledge of such order. When I place a request to cancel an executed order, the cancellation of that order is not guaranteed. My executed order will only be cancelled if my cancellation request is received by the Philippine Stock Exchange PSE and tallied with my order before my order is matched up or executed. During market hours, it is rarely possible to cancel my market order as market orders are subject to immediate execution. I will not assume that any order has been executed or cancelled until I have received a transaction confirmation from you via the WebsiteWebsite or e-mail. I am aware th at that you, from time to time, receive late reports from the exchange Exchange reporting the status of transactions. Accordingly, I may be subject to late reports related to orders that were previously unreported to me or reported to me as being expired, cancelled, or executed. In addition, any reporting or posting errors, including errors in execution prices, will be corrected to reflect what actually occurred in the market place.
r. l. For use of the Online Trading Facility, I will create a password and trading PIN to enable me to place orders electronically and access Account account information through the Website. I am the sole and exclusive owner and the only authorized user of such password and accept sole responsibility for use, confidentiality and protection of the password and trading PIN as well as for fo r all orders and information changes (i.e., Account profile changes such as change of address, etc.) entered into my Account account using such password. Any Account profile change is as good as if I signed it on my original Customer Account Information Form (CAIF)password and trading PIN. I shall be liable for all transactions placed through the Online Trading Facility resulting from the use or misuse of my passwordpassword or trading PIN. I accept full responsibility for the monitoring and safeguarding of my Account(saccount(s). I will immediately notify you in writing, delivered via e-mail email and registered mail, if I become aware of any loss, theft or unauthorized use of my password password, trading PIN and Account numberaccount code; or any failure by me to receive a message from you indicating that an order was received and executed; or any failure by me to receive an accurate written confirmation of an execution; or any receipt by me of confirmation of an order and/or execution which I did not place; or any inaccurate information in my Account account balances, securities positions, or transaction history. You shall not be liable for any transaction or losses from my Account account despite receipt of my notice of loss or unauthorized use of my password or trading PIN if such transaction or loss occurred at or prior to the system tagging of my Accountsaccounts, or failure of the computer machine to register such notice of loss or for any reason whatsoever. If I forget my passwordpassword or trading PIN, I must answer will call BDO Securities Customer Care Hotline and ask for a challenge question online, and the system generated password will be sent to my registered email addressTrading PIN reset. Thereafter I will immediately change this password the PIN upon receiptreceipt of an email coming from your end.
s. m. You will accept any amendments to my Account account profile as requested by me through my registered email addresssubmission of formal request or any form of communication acceptable to you.
t. n. The risks attendant to the use of the Online Trading Facility shall be for my Account account in as much as the use of the Online Trading Facility is electronically and system generated. I authorize you to make transactions in accordance with the order details received via the Online Trading Facility. You You, your directors and employees, your affiliates and the PSE, PDEx, PDTC and other exchange or third party providers, its directors and employees will not be liable for any consequential, incidental, special or indirect damage (including lost profits, trading losses, and damages) that result from inconvenience, delay or loss of the use of the Online Trading Facility even if you have been advised of the possibility of such damages. The use and storage of any information including, without l imitationlimitation, the password, trading PIN, portfolio information, transaction activity, Account account balances and any other information or orders available on my personal computer is at my own risk and is my sole responsibility. I am responsible for providing and maintaining the communications equipment (including personal computers and modems) and telephone or alternative services required for accessing and using the Website or related services, and for all communications service fees and charges incurred by me in accessing the Website or related services.
u. o. I understand that the Online Trading Facility, the Website and all pages/contents therein (including any PSE Data is copyright-protecteddata, PDEX, PDTC and other market data providers) are protected under copyright law. I agree not to frame reproduce, copy, cut or deep/direct dire ct link any information/webpage taken contents or pages from the Online Trading Facility and Website. This includes all informa tion information available to me before and after logging on to the Website...
Appears in 1 contract
Samples: Terms and Conditions
ONLINE TRADING FACILITY. The Terms and Conditions for the Online Trading Facility are incorporated by reference herein and are made an integral part of the general Terms and Conditions as if fully set forth herein:
a. I acknowledge that the Online Trading Facility and the Website, including the software and other contents thereof, are proprietary to you. I warrant and undertake that I shall not nor attempt to tamper with, modify, decompile, reverse engineer or otherwise alter in any way, or attempt to gain unauthorized access to any part of the Online Trading Facility or Website or any of the contents thereof. I also undertake to immediately notify you if I become aware of any actions described above being perpetrated by another person or entity.
b. I agree that, as a condition of using your Online Trading Facility, I shall notify you within twenty-four (24) hours if:
(1) I placed an instruction through the Online Trading Facility and I do not receive an accurate acknowledgement, in any acceptable form, of my instruction or its execution;
(2) I receive acknowledgement, in any acceptable form, of a transaction which I did not instruct or any similar occurrence; or if
(3) I become aware of any unauthorized use of my access code. I acknowledge and agree that if I fail to immediately notify you when any of the above situations occur, you will not have any liability to me, or to any other person whose claim arises from me.
c. I acknowledge that I am solely responsible for any and all orders placed electronically in my Account(saccount(s). Any investment decision that I make or investment strategy that I utilize is done so at my sole discretion and at my own risk. I understand that you provide no tax, legal or investment advice of any kind, nor give advice or offer any opinion with respect to the nature, potential value or suitability of any particular securities transaction or investment strategy. I further understand that while I may be able to access financial or investment information or services through your Online Trading Facility, the availability of such information does not constitute a recommendation to buy or sell any of the securities discussed therein, or utilize any investment strategy. Any investment decisions I make will be based solely on my own evaluation of my financial circumstances and investment objectives. Any order entered using my password is mine. If third parties gain access to your services, including my Accountsaccounts, I will cooperate in defending and indemnifying you against any liability, costs or damages arising out of claims or suits based upon or relating to such access and use.
d. I am responsible for knowing the rights and terms of all securities in my Account(saccount(s) and for monitoring the occurrence of any reorganizations or other events (e.g. stock splits and reverse stock splits) involving my securities. I acknowledge that certain securities may grant me valuable rights that may expire unless I take action on these rights. I understand that, except as required by law, you are not obligated to notify me of reorganizations or other events affecting the rights granted by my securities or, without specific instructions from me, to take any action on my behalf with respect to such events.
e. For expediency, I understand that I have an option to open a Trade Settlement Account with Metrobank and enroll in the Metrobankdirect facility. In the event that I have an existing deposit Account account with Metrobank, it may be designated as a regular and as a Trade Settlement Account at the same time.
f. I hereby waive my rights under existing laws to the confidentiality of bank deposits with regard to the funds in my Trade Settlement Account that I ‘pledge_ ’ or earmark through Metrobankdirect to fund this Stock Brokerage Account with you. I explicitly allow Metrobank to divulge information regarding this pledge and other requirements to you.
g. I am aware that pledges in my Trade Settlement Account are intended to fund this Stock Brokerage Account with you for my futu re future obligations to you in connection with my purchases of securities, fixed income, mutual funds or other transactions done and services rendered. I understand that the release of my pledges can be requested through Metrobankdirect and I further agree that I can not effect withdrawals thereon to the extent of the amount “pledged” in your favor without your prior approval
h. I hereby authorize you to automatically debit my Trade Settlement Account as and when I purchase securities through you, or whenever I have any other amounts owing to you, in such amounts as may be necessary to fully settle my Account(saccount(s) with you, including without limitation the purchase price of securities purchased, commissions, taxes and other applicable fees, costs, levies or duties.
i. In case the deposit account I have designated as a Trade Settlement Account is a joint “or” account, I shall not hold you and/or Metrobank liable for any action made by the other party in a joint “or” settlement account resulting from debit entries against the said account related to online trading.
j. I understand that I will be allowed to purchase equities, fixed income securities, mutual funds or other products, up to the pledged amount in my Trade Settlement Account and any clear funds I have with First Metro Securities. I also understand that you have the option to credit to my Trade Settlement Account the proceeds of my stock/fixed income securities/mutual funds/other product sell transactions, cash dividends, maturities, etc.
k. I shall abide by the internal procedural policy of Metrobank with regard to posting priority of bank transactions to my designated Trade Settlement Account.
l. I understand and agree that you have the sole discretion to restrict trading on my Online Trading Facility or to cancel the same, at any time and without need of prior notice to me.
m. I understand that you will not be responsible for the accessibility of, transmission quality, outages to, or malfunction of any telephone circuits, computer hardware or software (including viruses and bugs) or related/incidental problems.
n. I agree that you shall not be liable for my inability to use the Online Trading Facility or for the access of the Website due to any unauthorized actions or transactions using my customer ID and password, or for any other cause beyond your control.
o. I agree that you reserve the right to suspend service and deny access to the Online Trading Facility, without prior notice, during scheduled or unscheduled system maintenance, repairs and upgrades. I also agree that you have the right to modify or enhance the Website or any of its pages and features at your sole discretion and without prior notice.
p. I understand that the Internet service for the Online Trading Facility is provided on a best-efforts basis by third party Service Providers. Since you are not the provider of the Internet Service, you shall not be liable for performance, acts, or omission of the said Internet service. Reasonable care and diligence has been taken by you in the choice of your Service Providers for the Online Trading Facility. However, there can be no assurance about the performance and availability of such facility through the Internet, and no such assurance is hereby made, and no assurance shall be deemed to have been made by you by virtue hereof.
q. I understand that entering an order with you, including market orders, does not guarantee execution of the order, and I agree that you shall not be responsible for any order that is not executed. I understand that you have the right to break any executed transaction on the grounds that it was, in your opinion, "clearly erroneous". You shall not be deemed to have received any order electronically transmitted by me until you have actual knowledge of such order. When I place a request to cancel an order, the cancellation of that order is not guaranteed. My order will only be cancelled if my cancellation request is received by the Philippine Stock Exchange and tallied with my order before my order is matched up or executed. During market hours, it is rarely possible to cancel my market order as market orders are subject to immediate execution. I will not assume that any order has been executed or cancelled until I have received a transaction confirmation from you via the Website. I am aware th at that you, from time to time, receive late reports from the exchange reporting the status of transactions. Accordingly, I may be subject to late reports related to orders that were previously unreported to me or reported to me as being expired, cancelled, or executed. In addition, any reporting or posting errors, including errors in execution prices, will be corrected to reflect what actually occurred in the market place.
r. For use of the Online Trading Facility, I will create a password to enable me to place orders and access Account account information through the Website. I am the sole and exclusive owner and the only authorized user of such password and accept sole responsibility for use, confidentiality and protection of the password as well as for all orders and information changes (i.e., Account account profile changes such as change of address, etc.) entered into my Account account using such password. Any Account account profile change is as good as if I signed it on my original Customer Account Information Form (CAIF). I shall be liable for all transactions placed through the Online Trading Facility resulting from the use or misuse of my password. I accept full responsibility for the monitoring and safeguarding of my Account(saccount(s). I will immediately notify you in writing, delivered via e-mail and registered mail, if I become aware of any loss, theft or unauthorized use of my password and Account account number; or any failure by me to receive a message from you indicating that an order was received and executed; or any failure by me to receive an accurate written confirmation of an execution; or any receipt by me of confirmation of an order and/or execution which I did not place; or any inaccurate information in my Account account balances, securities positions, or transaction history. You shall not be liable for any transaction or losses from my Account account despite receipt of my notice of loss or unauthorized use of my password if such transaction or loss occurred at or prior to the system tagging of my Accountsaccounts, or failure of the computer machine to register such notice of loss or for any reason whatsoever. If I forget my password, I must answer a challenge question online, and the system generated password will be sent to my registered email address. I will immediately change this password upon receipt.
s. You will accept any amendments to my Account account profile as requested by me through my registered email address.
t. The risks attendant to the use of the Online Trading Facility shall be for my Account account in as much as the use of the Online Trading Facility is electronically and system generated. I authorize you to make transactions in accordance with the order details received via the Online Trading Facility. You and your affiliates will not be liable for any consequential, incidental, special or indirect damage (including lost profits, trading losses, and damages) that result from inconvenience, delay or loss of the use of the Online Trading Facility even if you have been advised of the possibility of such damages. The use and storage of any information including, without l imitationlimitation, the password, portfolio information, transaction activity, Account account balances and any other information or orders available on my personal computer is at my own risk and is my sole responsibility. I am responsible for providing and maintaining the communications equipment (including personal computers and modems) and telephone or alternative services required for accessing and using the Website or related services, and for all communications service fees and charges incurred by me in accessing the Website or related services.
u. I understand that the PSE Data is copyright-protected. I agree not to frame or deep/direct link any information/webpage taken from the Website. This includes all informa tion information available to me before and after logging on to the Website.
Appears in 1 contract
Samples: Terms and Conditions
ONLINE TRADING FACILITY. The Terms and Conditions for the Online Trading Facility are incorporated by reference herein and are made an integral part of the general Terms and Conditions as if fully set forth herein::
a. I acknowledge that the Online Trading Facility and the Website, including the software and other contents thereof, are proprietary to you. I warrant and undertake that I shall not nor attempt to tamper with, modify, decompile, reverse engineer or otherwise alter in any way, or attempt to gain unauthorized access to any part of the Online Trading Facility or Website or any of the contents thereof. I also undertake to immediately notify you if I become aware of any actions described above being perpetrated by another person or entity.
b. I agree that, as a condition of using your Online Trading FacilityFacility or its successor, I shall notify you within twenty-four (24) hours if:
(1) I placed an instruction through the Online Trading Facility and I do did not receive an accurate acknowledgement, in any acceptable form, of my instruction or its execution;
(2) I receive received acknowledgement, in any acceptable form, of a transaction which I did not instruct or any similar occurrence; or if
(3) I become aware of any unauthorized use of my access code. I acknowledge and agree that if I fail to immediately notify you when any of the above situations occur, you will not have any liability to me, or to any other person whose claim arises from me.
c. I acknowledge that I am solely responsible for any and all orders placed electronically in my Account(sBDO Securities trading account(s). Any investment decision that I make or investment strategy that I utilize is done so at my sole discretion and at my own risk. I understand that you provide no tax, legal or investment advice of any kind, nor give advice or offer any opinion with respect to the nature, potential value or suitability of any particular securities transaction or investment strategy. I further understand that while I may be able to access financial or investment information or services through your Online Trading Facility, the availability of such information does not constitute a recommendation to buy or sell any of the securities discussed therein, or utilize any investment strategy. Any investment decisions I make will be based solely on my own evaluation of my financial circumstances and investment objectives. Any order entered using my password and trading PIN is mine. If third parties gain access to your services, including my Accountsaccounts, I will cooperate in defending and indemnifying you against any liability, costs or damages arising out of claims or suits based upon or relating to such access and use.
d. I am responsible for knowing the rights and terms of all securities in my Account(sBDO Securities trading account(s) and for monitoring the occurrence of any reorganizations or other events (e.g. stock splits and reverse stock splits) involving my securities. I acknowledge that certain securities may grant me valuable rights that may expire unless I take action on these rights. I understand that, except as required by law, you are not obligated to notify me of reorganizations or other events affecting the rights granted by my securities or, without specific instructions from me, to take any action on my behalf with respect to such events.
e. For expediency, I understand that I must have an option to open a Trade Settlement active Savings or Checking Account (Philippine Peso, US Dollar and/or other foreign currency) with Metrobank and enroll BDO Unibank that is enrolled in the Metrobankdirect facility. In BDO Online banking facility to serve as my Beneficiary Account and for the event that I have an existing deposit Account with Metrobank, it may be designated purpose of account information data-pull (as a regular agreed and as a Trade Settlement Account at waived in the same timeInstruction and Consent).
f. I hereby waive my rights under existing laws to the confidentiality of bank deposits with regard to the funds in my Trade Settlement Account that I ‘pledge_ or earmark through Metrobankdirect to fund this Stock Brokerage Account with you. I explicitly allow Metrobank to divulge information regarding this pledge and other requirements to you.
g. I am aware that pledges in my Trade Settlement Account are intended to fund this Stock Brokerage Account with you for my futu re obligations to you in connection with my purchases of securities, fixed income, mutual funds or other transactions done and services rendered. I understand that the release of my pledges can be requested through Metrobankdirect and I further agree that I can not effect withdrawals thereon to the extent of the amount “pledged” in your favor without your prior approval
h. I hereby authorize you to automatically debit my Trade Settlement Account as and when I purchase securities through you, or whenever I have any other amounts owing to you, in such amounts as may be necessary to fully settle my Account(s) with you, including without limitation the purchase price of securities purchased, commissions, taxes and other applicable fees, costs, levies or duties.
i. In case the deposit account I have designated as a Trade Settlement Account is a joint “or” account, I shall not hold you and/or Metrobank liable for any action made by the other party in a joint “or” settlement account resulting from debit entries against the said account related to online trading.
j. I understand that I will be allowed to purchase equities, fixed income securities, mutual funds or other products, up to the pledged amount in my Trade Settlement Account and any clear funds I have with First Metro Securities. I also understand that you have the option to credit to my Trade Settlement Account the proceeds of my stock/fixed income securities/mutual funds/other product sell transactions, cash dividends, maturities, etc.
k. I shall abide by the internal procedural policy of Metrobank with regard to posting priority of bank transactions to my designated Trade Settlement Account.
l. I understand and agree that you have the sole discretion to restrict trading on my Online Trading Facility or to cancel the same, at any time and without need of prior notice to me.
m. g. I understand that you will not be responsible for the accessibility of, transmission quality, outages to, or malfunction of any telephone circuits, computer hardware or software (including viruses and bugs) or related/incidental problems.
n. h. I agree that you shall not be liable for my inability to use the Online Trading Facility or for the access of the Website due to any unauthorized actions or transactions using my customer ID ID, password and passwordTrading PIN, or for any other cause beyond your control.
o. i. I agree that you reserve the right to suspend service and deny access to the Online Trading Facility, without prior notice, during scheduled or unscheduled system maintenance, repairs and upgrades. I also agree that you have the right to modify or enhance the Website or any of its pages and features at your sole discretion and without prior notice.
p. j. I understand that the Internet service for the Online Trading Facility is provided on a best-efforts basis by third party Service Providersservice providers. Since you are not the provider of the Internet Serviceinternet service, you shall not be liable for performance, acts, or omission of the said Internet internet service. Reasonable care and diligence has been taken by you in the choice of your Service Providers service providers for the Online Trading Facility. However, there can be no assurance about the performance and availability of such facility through the Internet, and no such assurance is hereby made, and no assurance shall be deemed to have been made by you by virtue hereof.
q. k. I understand that entering an order with you, including market ordersorder, does not guarantee execution of the order, and I agree that you shall not be responsible for any order that is not executed. I understand that you have the right to break any executed transaction on the grounds that it was, in your opinion, "clearly erroneous". You shall not be deemed to have received any order electronically transmitted by me until you have actual knowledge of such order. When I place a request to cancel an executed order, the cancellation of that order is not guaranteed. My executed order will only be cancelled if my cancellation request is received by the Philippine Stock Exchange PSE and tallied with my order before my order is matched up or executed. During market hours, it is rarely possible to cancel my market order as market orders are subject to immediate execution. I will not assume that any order has been executed or cancelled until I have received a transaction confirmation from you via the WebsiteWebsite or e-mail. I am aware th at that you, from time to time, receive late reports from the exchange Exchange reporting the status of transactions. Accordingly, I may be subject to late reports related to orders that were previously unreported to me or reported to me as being expired, cancelled, or executed. In addition, any reporting or posting errors, including errors in execution prices, will be corrected to reflect what actually occurred in the market place.
r. l. For use of the Online Trading Facility, I will create a password and trading PIN to enable me to place orders electronically and access Account account information through the Website. I am the sole and exclusive owner and the only authorized user of such password and accept sole responsibility for use, confidentiality and protection of the password and trading PIN as well as for all orders and information changes (i.e., Account profile changes such as change of address, etc.) entered into my Account account using such password. Any Account profile change is as good as if I signed it on my original Customer Account Information Form (CAIF)password and trading PIN. I shall be liable for all transactions placed through the Online Trading Facility resulting from the use or misuse of my passwordpassword or trading PIN. I accept full responsibility for the monitoring and safeguarding of my Account(saccount(s). I will immediately notify you in writing, delivered via e-mail email and registered mail, if I become aware of any loss, theft or unauthorized use of my password password, trading PIN and Account numberaccount code; or any failure by me to receive a message from you indicating that an order was received and executed; or any failure by me to receive an accurate written confirmation of an execution; or any receipt by me of confirmation of an order and/or execution which I did not place; or any inaccurate information in my Account account balances, securities positions, or transaction history. You shall not be liable for any transaction or losses from my Account account despite receipt of my notice of loss or unauthorized use of my password or trading PIN if such transaction or loss occurred at or prior to the system tagging of my Accountsaccounts, or failure of the computer machine to register such notice of loss or for any reason whatsoever. If I forget my passwordpassword or trading PIN, I must answer will call BDO Securities Customer Care Hotline and ask for a challenge question online, and the system generated password will be sent to my registered email addressTrading PIN reset. Thereafter I will immediately change this password the PIN upon receiptreceipt of an email coming from your end.
s. m. You will accept any amendments to my Account account profile as requested by me through my registered email addresssubmission of formal request or any form of communication acceptable to you.
t. n. The risks attendant to the use of the Online Trading Facility shall be for my Account account in as much as the use of the Online Trading Facility is electronically and system generated. I authorize you to make transactions in accordance with the order details received via the Online Trading Facility. You You, your directors and employees, your affiliates and the PSE, PDEx, PDTC and other exchange or third party providers, its directors and employees will not be liable for any consequential, incidental, special or indirect damage (including lost profits, trading losses, and damages) that result from inconvenience, delay or loss of the use of the Online Trading Facility even if you have been advised of the possibility of such damages. The use and storage of any information including, without l imitationlimitation, the password, trading PIN, portfolio information, transaction activity, Account account balances and any other information or orders available on my personal computer is at my own risk and is my sole responsibility. I am responsible for providing and maintaining the communications equipment (including personal computers and modems) and telephone or alternative services required for accessing and using the Website or related services, and for all communications service fees and charges incurred by me in accessing the Website or related services.
u. o. I understand that the Online Trading Facility, the Website and all pages/contents therein (including any PSE Data is copyright-protecteddata, PDEX, PDTC and other market data providers) are protected under copyright law. I agree not to frame reproduce, copy, cut or deep/direct link any information/webpage taken contents or pages from the Online Trading Facility and Website. This includes all informa tion information available to me before and after logging on to the Website.
Appears in 1 contract
Samples: Securities Trading Agreement
ONLINE TRADING FACILITY. The Terms and Conditions for the Online Trading Facility are incorporated by reference herein and are made an integral part of the general Terms and Conditions as if fully set forth herein:
a. I acknowledge that the Online Trading Facility and the Website, including the software and other contents thereof, are proprietary to you. I warrant and undertake that I shall not nor attempt to tamper with, modify, decompile, reverse engineer or otherwise alter in any way, or attempt to gain unauthorized access to any part of the Online Trading Facility or Website or any of the contents thereof. I also undertake to immediately notify you if I become aware of any actions described above being perpetrated by another person or entity.
b. I agree that, as a condition of using your Online Trading Facility, I shall notify you within twenty-four (24) hours if:
(1) I placed an instruction through the Online Trading Facility and I do not receive an accurate acknowledgement, in any acceptable form, of my instruction or its execution;
(2) I receive received acknowledgement, in any acceptable form, of a transaction which I did not instruct or any similar occurrence; or if
(3) I become aware of any unauthorized use of my access code. I acknowledge and agree that if I fail to immediately notify you when any of the above situations occur, you will not have any liability to me, or to any other person whose claim arises from me.
c. I acknowledge that I am solely responsible for any and all orders placed electronically in my Account(saccount(s). Any investment decision that I make or investment strategy that I utilize is done so at my sole discretion and at my own risk. I understand that you provide no tax, legal or investment advice of any kind, nor give advice or offer any opinion with respect to the nature, potential value or suitability of any particular securities transaction or investment strategy. I further understand that while I may be able to access financial or investment information or services through your Online Trading Facility, the availability of such information does not constitute a recommendation to buy or sell any of the securities discussed therein, or utilize any investment strategy. Any investment decisions I make will be based solely on my own evaluation of my financial circumstances and investment objectives. Any order entered using my password is mine. If third parties gain access to your services, including my Accountsaccounts, I will cooperate in defending and indemnifying you against any liability, costs or damages arising out of claims or suits based upon or relating to such access and use.
d. I am responsible for knowing the rights and terms of all securities in my Account(saccount(s) and for monitoring the occurrence of any reorganizations or other events (e.g. stock splits and reverse stock splits) involving my securities. I acknowledge that certain securities may grant me valuable rights that may expire unless I take action on these rights. I understand that, except as required by law, you are not obligated to notify me of reorganizations or other events affecting the rights granted by my securities or, without specific instructions from me, to take any action on my behalf with respect to such events.
e. For expediency, I understand that I have an option to open a Trade Settlement Account with Metrobank and enroll enrol in the Metrobankdirect direct facility. In the event that I have an existing deposit Account with Metrobankaccount with, it may be designated as a regular and as a Trade Settlement Account at the same time.
f. I hereby waive my rights under existing laws to the confidentiality of bank deposits with regard to the funds in my Trade Settlement Account that I ‘pledge_ ’ or earmark through Metrobankdirect direct to fund this Stock Brokerage Account with you. I explicitly allow Metrobank to divulge information regarding this pledge and other requirements to you.
g. I am aware that pledges in my Trade Settlement Account are intended to fund this Stock Brokerage Account with you for my futu re future obligations to you in connection with my purchases of securities, fixed income, mutual funds or other transactions done and services rendered. I understand that the release of my pledges can be requested through Metrobankdirect direct and I further agree that I can not effect withdrawals thereon to the extent of the amount “pledged” in your favor favour without your prior approval.
h. I hereby authorize you to automatically debit my Trade Settlement Account as and when I purchase securities through you, or whenever I have any other amounts owing to you, in such amounts as may be necessary to fully settle my Account(saccount(s) with you, including without limitation the purchase price of securities purchased, commissions, taxes and other applicable fees, costs, levies or duties.
i. In case the deposit account I have designated as a Trade Settlement Account is a joint “or” account, I shall not hold you and/or Metrobank liable for any action made by the other party in a joint “orjoint” or settlement account resulting from debit entries against the said account related to online trading.
j. I understand that I will be allowed to purchase equities, fixed income securities, mutual funds or other products, up to the pledged amount in my Trade Settlement Account and any clear funds I have with First Metro UCPB Securities. , Inc., I also understand that you have the option to credit to my Trade Settlement Account the proceeds of my stock/fixed income securities/mutual funds/other product sell transactions, cash dividends, maturities, etc.
k. I shall abide by the internal procedural policy of Metrobank with regard to posting priority of bank transactions to my designated Trade Settlement Account.
l. I understand and agree that you have the sole discretion to restrict trading on my Online Trading Facility or to cancel the same, at any time and without need of prior notice to me.
m. I understand that you will not be responsible for the accessibility of, transmission quality, outages to, or malfunction of any telephone circuits, computer hardware or software (including viruses and bugs) or related/incidental problems.
n. I agree that you shall not be liable for my inability to use the Online Trading Facility or for the access of the Website due to any unauthorized actions or transactions using my customer ID and password, password or for any other cause beyond your control.
o. I agree that you reserve the right to suspend service and deny access to the Online Trading Facility, without prior notice, during scheduled or unscheduled system maintenance, repairs and upgrades. I also agree that you have the right to modify or enhance the Website or any of its pages and features at your sole discretion and without prior notice.
p. I understand that the Internet service for the Online Trading Facility is provided on a best-efforts basis by third party Service Providers. Since you are not the provider of the Internet Service, you shall not be liable for performance, acts, or omission of the said Internet service. Reasonable care and diligence has been taken by you in the choice of your Service Providers for the Online Trading Facility. However, there can be no assurance about the performance and availability of such facility through the Internet, and no such assurance is hereby made, and no assurance shall be deemed to have been made by you by virtue hereof.
q. I understand that entering an order with you, including market orders, does not guarantee execution of the order, and I agree that you shall not be responsible for any order that is not executed. I understand that you have the right to break any executed transaction on the grounds that it was, in your opinion, "clearly erroneous". You shall not be deemed to have received any order electronically transmitted by me until you have actual knowledge of such order. When I place a request to cancel an order, the cancellation of that order is not guaranteed. My order will only be cancelled if my cancellation request is received by the Philippine Stock Exchange and tallied with my order before my order is matched up or executed. During market hours, it is rarely possible to cancel my market order as market orders are subject to immediate execution. I will not assume that any order has been executed or cancelled until I have received a transaction confirmation from you via the WebsiteWebsite or e-mail. I am aware th at that you, from time to time, receive late reports from the exchange Exchange reporting the status of transactions. Accordingly, I may be subject to late reports related to orders that were previously unreported to me or reported to me as being expired, cancelled, or executed. In addition, any reporting or posting errors, including errors in execution prices, will be corrected to reflect what actually occurred in the market place.
r. For use of the Online Trading Facility, I will create a password to enable me to place orders and access Account account information through the Website. I am the sole and exclusive owner and the only authorized user of such password and accept sole responsibility for use, confidentiality and protection of the password as well as for all orders and information changes (i.e., Account account profile changes such as change of address, etc.) entered into my Account account using such password. Any Account account profile change is as good as if I signed it on my original Customer Account Information Form (CAIF). I shall be liable for all transactions placed through the Online Trading Facility resulting from the use or misuse of my password. I accept full responsibility for the monitoring and safeguarding of my Account(saccount(s). I will immediately notify you in writing, delivered via e-mail email and registered mail, if I become aware of any loss, theft or unauthorized use of my password and Account account number; or any failure by me to receive a message from you indicating that an order was received and executed; or any failure by me to receive an accurate written confirmation of an execution; or any receipt by me of confirmation of an order and/or execution which I did not place; or any inaccurate information in my Account account balances, securities positions, or transaction history. You shall not be liable for any transaction or losses from my Account account despite receipt of my notice or loss or unauthorized of loss or unauthorized use of my password if such transaction or loss occurred at or prior to the system tagging of my Accountsaccounts, or failure of the computer machine to register such notice of loss or for any reason whatsoever. If I forget my password, I must answer a challenge challenger question online, and the system generated password will be sent to my registered email address. I will immediately change this password upon receipt.
s. You will accept any amendments to my Account account profile as requested by me through my registered email address.
t. The risks attendant to the use of the Online Trading Facility shall be for my Account account in as much as the use of the Online Trading Facility is electronically and system generated. I authorize you to make transactions in accordance with the order details received via the Online Trading Facility. You and your affiliates a¬ffiliates will not be liable for any consequential, incidental, special or indirect damage (including lost profits, trading losses, and damages) that result from inconvenience, delay or loss of the use of the Online Trading Facility even if you have been advised of the possibility of such damages. The use and storage of any information including, without l imitationlimitation, the password, portfolio information, transaction activity, Account account balances and any other information or orders available on my personal computer is at my own risk and is my sole responsibility. I am responsible for providing and maintaining the communications equipment (including personal computers and modems) and telephone or alternative services required for accessing and using the Website or related services, and for all communications service fees and charges incurred by me in accessing the Website or related services.
u. I understand that the PSE Data is copyright-protected. I agree not to frame or deep/direct link any information/webpage taken from the Website. This includes all informa tion information available to me before and after logging on to the Website.
Appears in 1 contract
Samples: Terms and Conditions
ONLINE TRADING FACILITY. The Terms and Conditions for the Online Trading Facility are incorporated by reference herein and are made an integral part of the general Terms and Conditions as if fully set forth herein:
a. I acknowledge that the Online Trading Facility and the Website, including the software and other contents thereof, are proprietary to you. I warrant and undertake that I shall not nor attempt to tamper with, modify, decompile, reverse engineer or otherwise alter in any way, or attempt to gain unauthorized access to any part of the Online Trading Facility or Website or any of the contents thereof. I also undertake to immediately notify you if I become aware of any actions described above being perpetrated by another person or entity.
b. I agree that, as a condition of using your Online Trading Facility, I shall notify you within twenty-four (24) hours if:
(1) I placed an instruction through the Online Trading Facility and I do not receive an accurate acknowledgement, in any acceptable form, of my instruction or its execution;
(2) I receive acknowledgement, in any acceptable form, of a transaction which I did not instruct or any similar occurrence; or if
(3) I become aware of any unauthorized use of my access code. I acknowledge and agree that if I fail to immediately notify you when any of the above situations occur, you will not have any liability to me, or to any other person whose claim arises from me.
c. I acknowledge that I am solely responsible for any and all orders placed electronically in my Account(saccount(s). Any investment decision that I make or investment strategy that I utilize is done so at my sole discretion and at my own risk. I understand that you provide no tax, legal or investment advice of any kind, nor give advice or offer any opinion with respect to the nature, potential value or suitability of any particular securities transaction or investment strategy. I further understand that while I may be able to access financial or investment information or services through your Online Trading Facility, the availability of such information does not constitute a recommendation to buy or sell any of the securities discussed therein, or utilize any investment strategy. Any investment decisions I make will be based solely on my own evaluation of my financial circumstances and investment objectives. Any order entered using my password is mine. If third parties gain access to your services, including my Accountsaccounts, I will cooperate in defending and indemnifying you against any liability, costs or damages arising out of claims or suits based upon or relating to such access and use.
d. I am responsible for knowing the rights and terms of all securities in my Account(saccount(s) and for monitoring the occurrence of any reorganizations or other events (e.g. stock splits and reverse stock splits) involving my securities. I acknowledge that certain securities may grant me valuable rights that may expire unless I take action on these rights. I understand that, except as required by law, you are not obligated to notify me of reorganizations or other events affecting the rights granted by my securities or, without specific instructions from me, to take any action on my behalf with respect to such events.
e. For expediency, I understand that I have an option to open a Trade Settlement Account with Metrobank with-and enroll in the Metrobankdirect -direct facility. In the event that I have an existing deposit Account account with Metrobank-, it may be designated as a regular and as a Trade Settlement Account at the same time.
f. I hereby waive my rights under existing laws to the confidentiality of bank deposits with regard to the funds in my Trade Settlement Account that I ‘'pledge_ ' or earmark through Metrobankdirect -direct to fund this Stock Brokerage Account with you. I explicitly allow Metrobank - to divulge information regarding this pledge and other requirements to you.
g. I am aware that pledges in my Trade Settlement Account are intended to fund this Stock Brokerage Account with you for my futu re future obligations to you in connection with my purchases of securities, fixed income, mutual funds or other transactions done and services rendered. I understand that the release of my pledges can be requested through Metrobankdirect through-direct and I further agree that I can cannot effect withdrawals thereon to the extent of the amount “''pledged” '' in your favor without your prior approval
h. I hereby authorize you to automatically debit my Trade Settlement Account as and when I purchase securities through you, or whenever I have any other amounts owing to you, in such amounts as may be necessary to fully settle my Account(saccount(s) with you, including without limitation the purchase price of securities purchased, commissions, taxes and other applicable fees, costs, levies or duties.
i. In case the deposit account I have designated as a Trade Settlement Account is a joint “''or” '' account, I shall not hold you and/or Metrobank - liable for any action made by the other party in a joint “''or” '' settlement account resulting from debit entries against the said account related to online trading.
j. I understand that I will be allowed to purchase equities, fixed income securities, mutual funds or other products, up to the pledged amount in my Trade Settlement Account and any clear funds I have with First Metro SecuritiesYapster E-Trade, Inc. (0XxxxxXxxx.xxx). I also understand that you have the option to credit to my Trade Settlement Account the proceeds of my stock/fixed income securities/mutual funds/other product sell transactions, cash dividends, maturities, etc.
k. I shall abide by the internal procedural policy of Metrobank - with regard to posting priority of bank transactions to my designated Trade Settlement Account.
l. I understand and agree that you have the sole discretion to restrict trading on my Online Trading Facility or to cancel the same, at any time and without need of prior notice to me.
m. I understand that you will not be responsible for the accessibility of, transmission quality, outages to, or malfunction of any telephone circuits, computer hardware or software (including viruses and bugs) or related/incidental problems.
n. I agree that you shall not be liable for my inability to use the Online Trading Facility or for the access of the Website due to any unauthorized actions or transactions using my customer ID and password, or for any other cause beyond your control.
o. I agree that you reserve the right to suspend service and deny access to the Online Trading Facility, without prior notice, during scheduled or unscheduled system maintenance, repairs and upgrades. I also agree that you have the right to modify or enhance the Website or any of its pages and features at your sole discretion and without prior notice.
p. I understand that the Internet service for the Online Trading Facility is provided on a best-efforts basis by third party Service Providers. Since you are not the provider of the Internet Service, you shall not be liable for performance, acts, or omission of the said Internet service. Reasonable care and diligence has been taken by you in the choice of your Service Providers for the Online Trading Facility. However, there can be no assurance about the performance and availability of such facility through the Internet, and no such assurance is hereby made, and no assurance shall be deemed to have been made by you by virtue hereof.
q. I understand that entering an order with you, including market orders, does not guarantee execution of the order, and I agree that you shall not be responsible for any order that is not executed. I understand that you have the right to break any executed transaction on the grounds that it was, in your opinion, "''clearly erroneous"''. You shall not be deemed to have received any order electronically transmitted by me until you have actual knowledge of such order. When I place a request to cancel an order, the cancellation of that order is not guaranteed. My order will only be cancelled if my cancellation request is received by the Philippine Stock Exchange and tallied with my order before my order is matched up or executed. During market hours, it is rarely possible to cancel my market order as market orders are subject to immediate execution. I will not assume that any order has been executed or cancelled until I have received a transaction confirmation from you via the Website. I am aware th at that you, from time to time, receive late reports from the exchange reporting the status of transactions. Accordingly, I may be subject to late reports related to orders that were previously unreported to me or reported to me as being expired, cancelled, or executed. In addition, any reporting or posting errors, including errors in execution prices, will be corrected to reflect what actually occurred in the market place.
r. For use of the Online Trading Facility, I will create a password to enable me to place orders and access Account account information through the Website. I am the sole and exclusive owner and the only authorized user of such password and accept sole responsibility for use, confidentiality and protection of the password as well as for all orders and information changes (i.e., Account account profile changes such as change of address, etc.) entered into my Account account using such password. Any Account account profile change is as good as if I signed it on my original Customer Account Information Form (CAIF). I shall be liable for all transactions placed through the Online Trading Facility resulting from the use or misuse of my password. I accept full responsibility for the monitoring and safeguarding of my Account(saccount(s). I will immediately notify you in writing, delivered via e-mail email and registered mail, if I become aware of any loss, theft or unauthorized use of my password and Account account number; or any failure by me to receive a message from you indicating that an order was received and executed; or any failure by me to receive an accurate written confirmation of an execution; or any receipt by me of confirmation of an order and/or execution which I did not place; or any inaccurate information in my Account account balances, securities positions, or transaction history. You shall not be liable for any transaction or losses from my Account account despite receipt of my notice of loss or unauthorized use of my password if such transaction or loss occurred at or prior to the system tagging of my Accountsaccounts, or failure of the computer machine to register such notice of loss or for any reason whatsoever. If I forget my password, I must answer a challenge question online, and the system generated password will be sent to my registered email address. I will immediately change this password upon receipt.
s. You will accept any amendments to my Account account profile as requested by me through my registered email address.
t. The risks attendant to the use of the Online Trading Facility shall be for my Account account in as much as the use of the Online Trading Facility is electronically and system generated. I authorize you to make transactions in accordance with the order details received via the Online Trading Facility. You and your affiliates will not be liable for any consequential, incidental, special or indirect damage (including lost profits, trading losses, and damages) that result from inconvenience, delay or loss of the use of the Online Trading Facility even if you have been advised of the possibility of such damages. The use and storage of any information including, without l imitationlimitation, the password, portfolio information, transaction activity, Account account balances and any other information or orders available on my personal computer is at my own risk and is my sole responsibility. I am responsible for providing and maintaining the communications equipment (including personal computers and modems) and telephone or alternative services required for accessing and using the Website or related services, and for all communications service fees and charges incurred by me in accessing the Website or related services.
u. I understand that the PSE Data is copyright-protected. I agree not to frame or deep/direct link any information/webpage taken from the Website. This includes all informa tion information available to me before and after logging on to the Website.
v. I hereby authorize you to create a Name-on Central Depository (NOCD) sub-account on my behalf and submit all necessary information to create the same.
Appears in 1 contract
Samples: Online Trading Agreement
ONLINE TRADING FACILITY. The Terms and Conditions for the Online Trading Facility are incorporated by reference herein and are made an integral part of the general Terms and Conditions as if fully set forth herein:
a. I acknowledge that the Online Trading Facility and the Website, including the software and other contents thereof, are proprietary to you. I warrant and undertake that I shall not nor attempt to tamper with, modify, decompile, reverse engineer or otherwise alter in any way, or attempt to gain unauthorized access to any part of the Online Trading Facility or Website or any of the contents thereof. I also undertake to immediately notify you if I become aware of any actions described above being perpetrated by another person or entity.
b. I agree that, as a condition of using your Online Trading Facility, I shall notify you within twenty-four (24) hours if:
(1) I placed an instruction through the Online Trading Facility and I do not receive an accurate acknowledgement, in any acceptable form, of my instruction or its execution;
(2) I receive acknowledgement, in any acceptable form, of a transaction which I did not instruct or any similar occurrence; or if
(3) I become aware of any unauthorized use of my access code. I acknowledge and agree that if I fail to immediately notify you when any of the above situations occur, you will not have any liability to me, or to any other person whose claim arises from me.
c. I acknowledge that I am solely responsible for any and all orders placed electronically in my Account(s). Any investment decision that I make or investment strategy that I utilize is done so at my sole discretion and at my own risk. I understand that you provide no tax, legal or investment advice of any kind, nor give advice or offer any opinion with respect to the nature, potential value or suitability of any particular securities transaction or investment strategy. I further understand that while I may be able to access financial or investment information or services through your Online Trading Facility, the availability of such information does not constitute a recommendation to buy or sell any of the securities discussed therein, or utilize any investment strategy. Any investment decisions I make will be based solely on my own evaluation of my financial circumstances and investment objectives. Any order entered using my password is mine. If third parties gain access to your services, including my Accounts, I will cooperate in defending and indemnifying you against any liability, costs or damages arising out of claims or suits based upon or relating to such access and use.
d. I am responsible for knowing the rights and terms of all securities in my Account(s) and for monitoring the occurrence of any reorganizations or other events (e.g. warrants, stock splits and reverse stock splits) involving my securities. I acknowledge that certain securities may grant me valuable rights that may expire unless I take action on these rights. I understand that, except as required by law, you are not obligated to notify me of reorganizations or other events affecting the rights granted by my securities or, without specific instructions from me, to take any action on my behalf with respect to such events.
e. For expediency, I understand that I have an option to open a Trade Settlement Account with Metrobank and enroll in the Metrobankdirect Metrobank Online Banking facility. In the event that I have an existing deposit Account with Metrobank, it may be designated as a regular and as a Trade Settlement Account at the same time.
f. I hereby waive my rights under existing laws to the confidentiality of bank deposits with regard to the funds in my Trade Settlement Account that I ‘pledge_ or earmark through Metrobankdirect to fund this Stock Brokerage Account with you. I explicitly allow Metrobank to divulge information regarding this pledge and other requirements to you.
g. I am aware that pledges in my Trade Settlement Account are intended to fund this Stock Brokerage Account with you for my futu re obligations to you in connection with my purchases of securities, fixed income, mutual funds or other transactions done and services rendered. I understand that the release of my pledges can be requested through Metrobankdirect and I further agree that I can not effect withdrawals thereon to the extent of the amount “pledged” in your favor without your prior approval
h. I hereby authorize you to automatically debit my Trade Settlement Account as and when I purchase securities through you, or whenever I have any other amounts owing to you, in such amounts as may be necessary to fully settle my Account(s) with you, including without limitation the purchase price of securities purchased, commissions, taxes and other applicable fees, costs, levies or duties.
i. g. In case the deposit account I have designated as a Trade Settlement Account is a joint “or” account, I shall not hold you and/or Metrobank the settlement bank liable for any action made by the other party in a joint “or” settlement account resulting from debit entries against the said account related to online trading.
j. h. I understand that I will be allowed to purchase equities, fixed income securities, mutual funds or other products, up to the pledged amount in my Trade Settlement Account and any clear funds I have with First Metro Securities. I also understand that you have the option to credit to my Trade Settlement Account the proceeds of my stock/fixed income securities/mutual funds/other product sell transactions, cash dividends, maturities, etc.
k. i. I shall abide by the internal procedural policy of Metrobank my settlement bank with regard to posting priority of bank transactions to my designated Trade Settlement Account.
l. j. I understand and agree that you have the sole discretion to restrict trading on my Online Trading Facility or to cancel the same, at any time and without need of prior notice to me.
m. k. I understand that you will not be responsible for the accessibility of, transmission quality, outages to, or malfunction of any telephone circuits, computer hardware or software (including viruses and bugs) or related/incidental problems.
n. l. I agree that you shall not be liable for my inability to use the Online Trading Facility or for the access of the Website due to any unauthorized actions or transactions using my customer ID and password, or for any other cause beyond your control.
o. m. I agree that you reserve the right to suspend service and deny access to the Online Trading Facility, without prior notice, during scheduled or unscheduled system maintenance, repairs and upgrades. I also agree that you have the right to modify or enhance the Website or any of its pages and features at your sole discretion and without prior notice.
p. n. I understand that the Internet service for the Online Trading Facility is provided on a best-efforts basis by third party Service Providers. Since you are not the provider of the Internet Service, you shall not be liable for performance, acts, or omission of the said Internet service. Reasonable care and diligence has been taken by you in the choice of your Service Providers for the Online Trading Facility. However, there can be no assurance about the performance and availability of such facility through the Internet, and no such assurance is hereby made, and no assurance shall be deemed to have been made by you by virtue hereof.
q. o. I understand that entering an order with you, including market orders, does not guarantee execution of the order, and I agree that you shall not be responsible for any order that is not executed. I understand that you have the right to break any executed transaction on the grounds that it was, in your opinion, "clearly erroneous". You shall not be deemed to have received any order electronically transmitted by me until you have actual knowledge of such order. When I place a request to cancel an order, the cancellation of that order is not guaranteed. My order will only be cancelled if my cancellation request is received by the Philippine Stock Exchange and tallied with my order before my order is matched up or executed. During market hours, it is rarely possible to cancel my market order as market orders are subject to immediate execution. I will not assume that any order has been executed or cancelled until I have received a transaction confirmation from you via the Website. I am aware th at that you, from time to time, receive late reports from the exchange reporting the status of transactions. Accordingly, I may be subject to late reports related to orders that were previously unreported to me or reported to me as being expired, cancelled, or executed. In addition, any reporting or posting errors, including errors in execution prices, will be corrected to reflect what actually occurred in the market place.
r. p. For use of the Online Trading Facility, I will create a password to enable me to place orders and access Account information through the Website. I am the sole and exclusive owner and the only authorized user of such password and accept sole responsibility for use, confidentiality and protection of the password as well as for all orders and information changes (i.e., Account profile changes such as change of address, etc.) entered into my Account using such password. Any Account profile change is as good as if I signed it on my original Customer Account Information Form (CAIF). I shall be liable for all transactions placed through the Online Trading Facility resulting from the use or misuse of my password. I accept full responsibility for the monitoring and safeguarding of my Account(s). I will immediately notify you in writing, delivered via e-mail and registered mail, if I become aware of any loss, theft or unauthorized use of my password and Account number; or any failure by me to receive a message from you indicating that an order was received and executed; or any failure by me to receive an accurate written confirmation of an execution; or any receipt by me of confirmation of an order and/or execution which I did not place; or any inaccurate information in my Account balances, securities positions, or transaction history. You shall not be liable for any transaction or losses from my Account despite receipt of my notice of loss or unauthorized use of my password if such transaction or loss occurred at or prior to the system tagging of my Accounts, or failure of the computer machine to register such notice of loss or for any reason whatsoever. If I forget my password, I must answer a challenge question online, and the system generated password will be sent to my registered email address. I will immediately change this password upon receipt.
s. q. You will accept any amendments to my Account profile as requested by me through my registered email address.
t. r. The risks attendant to the use of the Online Trading Facility shall be for my Account in as much as the use of the Online Trading Facility is electronically and system generated. I authorize you to make transactions in accordance with the order details received via the Online Trading Facility. You and your affiliates will not be liable for any consequential, incidental, special or indirect damage (including lost profits, trading losses, and damages) that result from inconvenience, delay or loss of the use of the Online Trading Facility even if you have been advised of the possibility of such damages. The use and storage of any information including, without l imitation, the password, portfolio information, transaction activity, Account balances and any other information or orders available on my personal computer is at my own risk and is my sole responsibility. I am responsible for providing and maintaining the communications equipment (including personal computers and modems) and telephone or alternative services required for accessing and using the Website or related services, and for all communications service fees and charges incurred by me in accessing the Website or related services.
u. s. I understand that the PSE Data is copyright-protected. I agree not to frame or deep/direct link any information/webpage taken from the Website. This includes all informa tion information available to me before and after logging on to the Website.
Appears in 1 contract
Samples: Terms and Conditions
