Common use of SCOPE OF THE AGREEMENT ANDPROVISION OF SERVICES Clause in Contracts

SCOPE OF THE AGREEMENT ANDPROVISION OF SERVICES. 2.1. Subject to the terms and conditions hereof, Safecap may provide Services to you, both dealing and and any Applicable Laws and Regulations, the latter will prevail; (ii) we may take or omit to take any action we consider necessary to ensure compliance with any Applicable Laws and Regulations; (iii) all Applicable Laws and Regulations and whatever we do or fail to do in order to comply with them xxxx 3.2. We may make any amendment to this Agreement and take any such action which we consider necessary as a result of any requirements or changes in the requirements of the Applicable Laws and Regulations or pursuant to a general or specific recommendation made by CySEC, or any other regulatory authority of relevance to the Services we provide to you. We shall use reasonable endeavours to give you notice of such actions and amendments to this Agreement which will be effected in accordance with the provisions of Clause 46. Notwithstanding the provisions of Clause 46 in the case in which the urgency and the importance of any requirements or changes in the requirements of the Applicable Laws and Regulations or any general or specific recommendation made by CySEC or ESMA is such, that we reasonably consider this is justified, we may proceed with such actions and amendments to this Agreement with immediate effect or by giving a shorter notice period than that provided for in Clause 46. 3.3. If an Exchange (or intermediate broker, custodian or agent, acting at the direction of, or as a result of action taken by, an Exchange or any execution venue or a liquidity provider) or any relevant regulatory authority takes any action which affects an Order or Transaction, then we may take any action which we, in our reasonable discretion, consider desirable to ensure compliance with such action or to mitigate any loss incurred as a result of such action. Any such action shall be binding on you. 3.4. Transactions between you and Safecap may be subject to the rules and customs of an Exchange, execution venue, liquidity or price feed provider and/or any clearing house through which the Transactions are based on or executed. We may decide not to enter into a Transaction where we believe that such Transaction may violate the Applicable Laws and Regulations or the rules of an Exchange, execution venue or liquidity or price feed providers, as applicable. 3.5. If (a) an Exchange, a clearing house, a regulatory body or governmental authority makes an enquiry in respect of any of your Transactions or Accounts, or (b) submission of information about you and/or your Transactions or Accounts is required or desirable under any Applicable Laws or Regulations, then: (i) we may act upon such enquiry and disclose such information without your further authorisation and/or confirmation; and (ii) upon our request, you agree to co-operate with us and promptly to supply information requested by us in connection with such enquiry or submission. You understand that under the Applicable Laws and Regulations we may not be permitted to disclose to you the fact of any enquiries or disclosures made in relation to your transactions and your Accounts, and you waive any claims you may have against us for not notifying you regarding any such enquiries or disclosures.

SCOPE OF THE AGREEMENT ANDPROVISION OF SERVICES. 2.1. Subject to the terms and conditions hereof, Safecap may provide Services to you, both dealing and market making services for CFD, foreign exchange contracts, equities, bonds and ETFs and such other financial products as we may (collectively referred to as “financial products”), in our sole discretion, determine from time to time. 2.2. Please note that we are not authorized by CySEC to provide investment advice and portfolio management services, therefore, such service is not covered by this Agreement. 2.3. Any statement, comment or opinion, including any statement or comment or opinion posted on any website, made or posted by us, our employees, and any Applicable Laws and Regulations, the latter will prevail; (ii) we may take or omit to take any action we consider necessary to ensure compliance with any Applicable Laws and Regulations; (iii) all Applicable Laws and Regulations and whatever we do or fail to do in order to comply with them xxxxwill be binding on you; (iv) such actions that we take or fail to take for the purpose of compliance with any Applicable Laws and Regulations shall not render us or any of our directors, officers, employees or agents liable; and (v) you agree to comply with all the Applicable Laws and Regulations. 3.2. We may make any amendment to this Agreement and take any such action which we consider necessary as a result of any requirements or changes in the requirements of the Applicable Laws and Regulations or pursuant to a general or specific recommendation made by CySEC, or any other regulatory authority of relevance to the Services we provide to you. We shall use reasonable endeavours to give you notice of such actions and amendments to this Agreement which will be effected in accordance with the provisions of Clause 46. Notwithstanding the provisions of Clause 46 in the case in which the urgency and the importance of any requirements or changes in the requirements of the Applicable Laws and Regulations or any general or specific recommendation made by CySEC or ESMA is such, that we reasonably consider this is justified, we may proceed with such actions and amendments to this Agreement with immediate effect or by giving a shorter notice period than that provided for in Clause 46., 3.3. If an Exchange (or intermediate broker, custodian or agent, acting at the direction of, or as a result of action taken by, an Exchange or any execution venue or a liquidity provider) or any relevant regulatory authority takes any action which affects an Order or Transaction, then we may take any action which we, in our reasonable discretion, consider desirable to ensure compliance with such action or to mitigate any loss incurred as a result of such action. Any such action shall be binding on you. 3.4. Transactions between you and Safecap may be subject to the rules and customs of an Exchange, execution venue, liquidity or price feed provider and/or any clearing house through which the Transactions are based on or executed. We may decide not to enter into a Transaction where we believe that such Transaction may violate the Applicable Laws and Regulations or the rules of an Exchange, execution venue or liquidity or price feed providers, as applicable. 3.5. If (a) an Exchange, a clearing house, a regulatory body or governmental authority makes an enquiry in respect of any of your Transactions or Accounts, or (b) submission of information about you and/or your Transactions or Accounts is required or desirable under any Applicable Laws or Regulations, then: (i) we may act upon such enquiry and disclose such information without your further authorisation and/or confirmation; and (ii) upon our request, you agree to co-operate with us and promptly to supply information requested by us in connection with such enquiry or submission. You understand that under the Applicable Laws and Regulations we may not be permitted to disclose to you the fact of any enquiries or disclosures made in relation to your transactions and your Accounts, and you waive any claims you may have against us for not notifying you regarding any such enquiries or disclosures.