Common use of Other Rights and Obligations of the Parties Clause in Contracts

Other Rights and Obligations of the Parties. 5.1. The Customer may submit the Order to the Bank via Investment Module only. No Order made via electronic mail or phone shall be deemed valid. 5.2. The Customer understands and recognizes that the Customer’s Investment Account at the Bank is a self- directed account. Accordingly, the Customer appoints the Bank as its agent for the purpose of carrying out the Customer’s instructions in accordance with this Agreement and any attendant risks with respect to the purchase or sale of Instruments. The Customer understands that the Bank provides trading and brokerage services through the Investment Module and uses the Independant Broker or/and other third- party service providers to render these services. The Customer agrees to receive financial information and transmit it to the Bank, Galt & Xxxxxxx and the Independant Broker through the Investment Module. 5.3. Market data, market analysis, news, research, links to outside websites, and any other similar information that may be accessible through the Investment Module (collectively, the “Content”) are provided by the Independant Broker or its third-party service and content providers. The Bank makes no representation or warranties of any kind, either express or implied, regarding any such Content or any information or data transmitted over systems and networks provided as part of the Investment Module, including, without limitation, any warranties regarding performance, accuracy, accessibility, completeness, timeliness, adequacy, trade usage, merchantability, non-infringement or fitness for a particular purpose. In addition, the Content, or any portion thereof, may be modified or discontinued at any time. The Bank shall bear no responsibility for any loss or damages arising from or relating to such discontinuation or modification. 5.4. In addition to the terms and conditions specified on the Bank's Website and the terms and conditions set forth in Article 6 of this Agreement with regard to the Investment Module, the following terms and conditions shall apply to the Transactions executed via the Investment Module: 5.4.1. The Bank shall not be liable for any loss, expense, cost or liability of the Customer suffered or incurred by the Customer due to failure of the system, transmission failure or delays, connectivity problems, or similar or any other technical errors; 5.4.2. The Independant Broker or other third-party providers may offer real-time tradable prices to the Customer via the Investment Module. Due to delayed transmission between the Customer and the Independant Broker/other third-party providers, the price shown on the Investment Module may have changed before an Order from the Customer is received by the Bank; 5.4.3. The Bank shall not be liable to the Customer for any loss, expense, cost or liability suffered or incurred by the Customer due to the Customer using a version of the Investment Module different from the version with all available updates installed; 5.4.4. The Bank shall not be liable to the Customer for any loss, expense, cost or liability suffered or incurred by the Customer due to the Customer using a version of the Mobile Banking different from the Bank’s standard version with all available updates installed; 5.4.5. The Customer shall be responsible for all Orders, and for the accuracy of all information using the Customer’s name, password or any other personal identification means implemented by to identify the Customer; 5.4.6. The Customer is obliged to keep passwords and any other relevant log-in information secret and ensure that Third Parties do not obtain access to the Customer’s trading facilities; 5.4.7. The Customer is liable to the Bank or/and Independant Broker for Transactions executed by use of the 5.4.8. Regardless of the fact that the Investment Module might confirm that a Transaction is executed immediately when the Customer transmits instructions via the Investment Module, it is the Trade Confirmation made available to the Customer on the Investment Module which solely constitutes the confirmation of execution. 5.5. Any instruction/Order sent via the Investment Module by the Customer shall only be deemed to have been received and shall only then constitute a valid instruction between the Bank and the Customer when such instruction has been recorded as executed by the Bank and confirmed to the Customer through the Trade Confirmation or/and Investment Account statement, and the mere transmission of an instruction by the Customer shall not constitute a binding instruction between the Bank and the Customer. 5.6. The Bank may require confirmation in such form as the Bank may reasonably request if an instruction is to close the Investment Account or remit money due to the Customer or if it appears to the Bank that such confirmation is necessary or desirable. 5.7. The Bank may in its absolute discretion and without any explanation or cause refuse to act upon any instruction/Order from the Customer. Such instances may include, but are not limited to, if the Bank can render probable that the disposal pursuant to the instruction submitted would be in violation of the legislation relevant to the area, usual market practice, including but not limited to legislation on money laundering or xxxxxxx xxxxxxx, or if the disposal by the Bank’s reasonable discretion will put the Customer’s or/and the Bank's economic solidity at risk. 5.8. The Bank shall act according to the Customer’s instructions/Orders as soon as practically possible. However, if, after the Customer’s instructions are received, the Bank believes that it is not reasonably practicable to act upon such instructions within a reasonable time, the Bank may defer acting upon those instructions until it is, in the Bank’s reasonable opinion, practicable to do so or/and as soon as possible notify the Customer the Bank is refusing to act upon such instructions. 5.9. The Investment Account/Investment Module may not be owned by more than one person. 5.10. The Customer agrees that the Bank may record all telephone conversations, any internet conversations (chat), including any communication via the Investment Module, and use such recordings, or transcripts from such recordings, as evidence towards any party (including, but not limited to, any regulatory authority or/and court) to whom the Bank at its reasonable discretion sees it to be desirable or necessary to disclose such information in any dispute or anticipated dispute between the Bank and the Customer.