Common use of The Client Clause in Contracts

The Client. A. Acknowledges that the Account shall be activated upon the deposit of funds/advance payment into the Account. B. Warrants that he/she shall at all times be compliant with and honor all terms and conditions of this Agreement. C. Warrants that he/she shall ensure that at all times the username and password issued by the Company in relation to the use of the Service(s) and the Account, will only be used by him/her and will not be disclosed to any other person; X. Xxxxx be liable for all orders submitted through his/her security information and any orders received in this manner by the Company shall be considered to have been given by the Client; X. Xxxxxx accepts the risk of orders placed by unauthorized persons and/or trading accounts used by someone without the client’s permission (hereinafter collectively referred to as ‘’unauthorized access’’ or “hacked account”) and agrees to indemnify the Company in full for any and all losses, costs, and expenses derived as a result. In this case, the client further agrees and accepts the following: (i) The client shall notify the Company immediately regarding unauthorized access to his/her trading account; (ii) The Company shall be entitled to block immediately the client’s trading account and increase the processing time and/or cancel withdrawal requests without prior notification to the client and the client will not be entitled to any profits made during the time the account was unauthorized accessed; (iii) The client shall provide the Company with any information and/or documents deemed necessary in order to unblock the trading account. X. Xxxxxx acknowledges that frequent access and logins to the Account via different IP addresses from different countries and/or via the use of VPN (with the exception of users from Turkey or Indonesia) is an indication that shall reasonably lead the Company to believe that sections 3 paragraph 6 and 7 paragraph d subparagraph b, herein have been breached. X. Xxxxxxxx that any trading strategies and/or investment decisions and/or any activities performed by him/her through his/her Account and on the Trading Platform are made having in mind/considered/being aware of all risks involved and solely on the basis of his/her knowledge and upon his/her sole discretion. H. Warrants that he/she shall take all necessary steps and action in order not to disclose any confidential information of the Company which the Company shall disclose to and/or make available to the Client from time to time. I. Accepts any risk, including without limitation to any risk of financial loss, that arises from unauthorized access to and operation of his/her Account by third and/or unauthorized parties. X. Xxxxx notify the Company of any changes to his/her contact details and any other changes of the personal data he/she provided to the Company, within 7 (seven) calendar days since such changes came into effect. K. Shall register only 1 (one) Account with the Company. In case the Client owns multiple accounts, any transactions/Operations made via such multiple accounts and corresponding financial results of such transactions/Operations, can be canceled to the absolute discretion of the Company. All such multiple accounts can be blocked upon the Company’s absolute discretion and the Company shall be entitled to terminate this Agreement immediately, and close the account and all open positions. X. Xxxxx indemnify and hold harmless the Company of any claims and/or legal actions instigated against the Company as a result of disclosure of the Client’s personal data. M. Irrevocably accept full responsibility for his/her actions according to current tax legislation valid at the place of residence/living of the Client regarding any performed transactions/Operations, including but not limited to revenue/income tax. X. Xxxxxxxxxxxx that the provision of the Service(s) may involve information being transported over an open network. Information is therefore transmitted regularly and without control across borders. The Company shall take reasonable steps to avoid information being intercepted and read by third parties by utilizing techniques such as encryption, however it is not always possible to avoid third-party unauthorized access to/view of the Client’s information/personal data. The Client hereby acknowledges this risk and accepts and consents to this, so long as he/she is reasonably satisfied that any such unauthorized access/disclosure was not made intentionally and that the Company took all reasonable measures and actions in order to prevent such unauthorized access/disclosure. O. Acknowledges and agrees that the Company has the right to close any transaction, at its sole and absolute discretion without providing prior notice to the Client if the underlying asset or contract on which the transaction is based settles on an expiry date as determined by the relevant financial market, on which the said asset is traded (such time referred to as 'Closing Time' and the relevant expiring transaction referred to as an 'Expiring Transaction'). The Company shall not be obligated to take actions to roll over an open position in an Expiring Transaction. P. Acknowledges that the Company prohibits third-party or anonymous payments into the Client’s Account. Only funds sent from an account held in the Client’s name and belonging to the Client are acceptable. The Company reserves the right at its discretion if it has identified third-party or anonymous deposits, to block the Account. The Client should note that any remaining funds will be returned to the third-party source via the same payment method and any profits accumulated by the Client using third party or anonymous funds will not be made available to the Client. X. Xxxxxx that in case the Company carries out a transaction/Operation on his/her behalf which is not covered by the balance of his/her Account, the Company shall have the right to liquidate his/her assets and use the proceeds to cover part or the total difference. X. Xxxxxxxxxxx accepts that he/she is solely responsible for any technical deficiencies that may occur in Client’s connection to the Trading Platform, in Client's equipment used for receiving the services (including, but not limited to, personal computer, laptop, mobile phone and etc.), and confirms that he/she shall have no claims whatsoever against the Company for any direct and/or indirect damages the Client may suffer due to such deficiencies. S. Acknowledges that the Company has the right to refuse to execute any transaction/Operation requested by the Client and/or any other action required, under this Agreement, for as long as it maintains any claims against the Client, whether these are due, future or contingent and regardless of whether these arise from the same transaction/Operation from which such obligations arise. X. Xxxxxxxxxxxx and accepts that this Agreement and/or any materials made available on the Website may be amended unilaterally, from time to time, by the Company, and that he/she shall be responsible to check on the Website frequently in order to ensure that he/she has made himself/herself aware of any changes effected in such manner. Upon the submission of a request by the Client of any transaction/Operation, any changes effected to this Agreement and/or to any materials made available on the Website shall be deemed as acknowledged and accepted by the Client. U. If the Company deems that the amendments are material, such amendments will take effect on the date specified in the notice to the Client and if no date is specified, then on the date of receipt of the notice. V. The Client understands and agrees that her/his consent is not necessary for any change to be effective. Whether the Client does not respond and/or disagrees with the content of the amendments implemented in the Company’s Terms and Conditions, this will be considered as an acceptance by the Client of the contents of the amendment and of the amended Terms and Conditions. Further, any order of the Client to execute a transaction(s) following the receipt of the notice and/or login into his Account, shall be deemed as acceptance by the Client of the contents of the amendment and of the Agreement as amended. W. The Client understands that it is his/her sole responsibility to remain up-to-date with all changes. The applicable version shall be the latest version uploaded on the Company’s website and in the event of a dispute the latest version shall prevail. X. In case the Client does not agree with the amendments, the Client shall be entitled to terminate this Agreement in accordance with the Duration and Termination of the Agreement section herein included.

Appears in 1 contract

Samples: Terms & Conditions

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The Client. A. a. Acknowledges that the Account shall be activated upon the deposit of funds/advance payment into the Account. B. b. Warrants that he/she shall at all times be compliant with and honor all terms and conditions of this Agreement. C. c. Warrants that he/she shall ensure that at all times the username and password issued by the Company in relation to the use of the Service(s) and the Account, will only be used by him/her and will not be disclosed to any other person; X. d. Xxxxx be liable for all orders submitted through his/her security information and any orders received in this manner by the Company shall be considered to have been given by the Client; X. Xxxxxx accepts the risk of orders placed by unauthorized persons and/or trading accounts used by someone without the client’s permission (hereinafter collectively referred to as ‘’unauthorized access’’ or “hacked account”) and agrees to indemnify the Company in full for any and all losses, costs, and expenses derived as a result. In this case, the client further agrees and accepts the following: (i) The client shall notify the Company immediately regarding unauthorized access to his/her trading account; (ii) The Company shall be entitled to block immediately the client’s trading account and increase the processing time and/or cancel withdrawal requests without prior notification to the client and the client will not be entitled to any profits made during the time the account was unauthorized accessed; (iii) The client shall provide the Company with any information and/or documents deemed necessary in order to unblock the trading account. X. Xxxxxx e. Hereby acknowledges that frequent access and logins to the Account via different IP addresses from different countries and/or via the use of VPN (with the exception of users from Turkey or Indonesia) is an indication that shall reasonably lead the Company to believe that sections 3 paragraph 6 and 7 paragraph d subparagraph sub-paragraph b, herein have been breached. X. Xxxxxxxx f. Confirms that any trading strategies and/or investment decisions and/or any activities performed by him/her through his/her Account and on the Trading Platform are made having in mind/considered/being aware of all risks involved and solely on the basis of his/her knowledge and upon his/her sole discretion. H. g. Warrants that he/she shall take all necessary steps and action in order not to disclose any confidential information of the Company which the Company shall disclose to and/or make available to the Client from time to time. I. h. Accepts any risk, including without limitation to any risk of financial loss, that arises from unauthorized access to and operation of his/her Account by third and/or unauthorized unauthorised parties. X. i. Xxxxx notify the Company of any changes to of his/her contact details and any other changes of the personal data he/she provided to the Company, within 7 (seven) calendar days since such changes came into effect. K. Shall register only 1 (one) Account with the Company. In case the Client owns multiple accounts, any transactions/Operations made via such multiple accounts and corresponding financial results of such transactions/Operations, can be canceled to the absolute discretion of the Company. All such multiple accounts can be blocked upon the Company’s absolute discretion and the Company shall be entitled to terminate this Agreement immediately, and close the account and all open positions. X. k. Xxxxx indemnify and hold harmless the Company of any claims and/or legal actions instigated against the Company as a result of disclosure of the Client’s personal data. M. l. Irrevocably accept full responsibility for his/her actions according to current tax legislation valid at the place of residence/living of the Client regarding any performed transactions/Operations, including but not limited to revenue/income tax. X. Xxxxxxxxxxxx m. Acknowledges that the provision of the Service(s) may involve information being transported over an open network. Information is therefore transmitted regularly and without control across borders. The Company shall take reasonable steps to avoid information being intercepted and read by third parties by utilizing techniques such as encryption, however it is not always possible to avoid third-third party unauthorized access to/view of the Client’s information/personal data. The Client hereby acknowledges this risk and accepts and consents to this, so long as he/she is reasonably satisfied that any such unauthorized access/disclosure was not made intentionally and that the Company took all reasonable measures and actions in order to prevent such unauthorized access/disclosure. O. n. Acknowledges and agrees that the Company has the right to close any transaction, at its sole and absolute discretion without providing prior notice to the Client if the underlying asset or contract on which the transaction is based settles on an expiry date as determined by the relevant financial market, on which the said asset is traded (such time referred to as 'Closing Time' and the relevant expiring transaction referred to as an 'Expiring Transaction'). The Company shall not be obligated to take actions to roll over an open position in an Expiring Transaction. P. . o. Acknowledges that the Company prohibits third-third party or anonymous payments into the Client’s Account. Only funds sent from an account held in the Client’s name and belonging to the Client are acceptable. The Company reserves the right at its discretion discretion, if it has identified third-third party or anonymous deposits, to block the Account. The Client should note that any remaining funds will be returned to the third-party source via the same payment method and any profits accumulated by the Client using third party or anonymous funds will not be made available to the Client. X. Xxxxxx p. Agrees that in case the Company carries out a transaction/Operation on his/her behalf which is not covered by the balance of his/her Account, the Company shall have the right to liquidate his/her assets and use the proceeds to cover part or the total difference. X. Xxxxxxxxxxx q. Irrevocably accepts that he/she is solely responsible for any technical deficiencies that may occur in Client’s connection to the Trading Platform, in Client's equipment used for receiving the services (including, but not limited to, personal computer, laptop, mobile phone and etc.), and confirms that he/she shall have no claims whatsoever against the Company for any direct and/or indirect damages the Client may suffer due to such deficiencies. S. r. Acknowledges that the Company has the right to refuse to execute any transaction/Operation requested by the Client and/or any other action required, under this Agreement, for as long as it maintains any claims against the Client, whether these are due, future or contingent and regardless of whether these arise from the same transaction/Operation from which such obligations arise. X. Xxxxxxxxxxxx s. Acknowledges and accepts that this Agreement and/or to any materials made available on the Website may be amended unilaterally, from time to time, by the Company, and that he/she shall be responsible to check on the Website frequently in order to ensure that he/she has made himself/herself aware of any changes effected in such manner. Upon the submission of a request by the Client of any transaction/Operation, any changes effected to this Agreement and/or to any materials made available on the Website shall be deemed as acknowledged and accepted by the Client. U. . t. If the Company deems that the amendments are material, such amendments will take effect on the date specified in the notice to the Client and if no date is specified, then on the date of receipt of the notice. V. u. The Client understands and agrees that her/his consent is not necessary for any change to be effective. Whether the Client does not respond and/or disagrees with the content of the amendments implemented in the Company’s Terms and Conditions, this will be considered as an acceptance by the Client of the contents of the amendment and of the amended Terms and Conditions. Further, any order of the Client to execute a transaction(s) following the receipt of the notice and/or login into his Account, shall be deemed as acceptance by the Client of the contents of the amendment and of the Agreement as amended. W. v. The Client understands that it is his/her sole responsibility to remain up-to-date with all changes. The applicable version shall be the latest version uploaded on the Company’s website and in the event of a dispute the latest version shall prevail. X. w. In case the Client does not agree with the amendments, the Client shall be entitled to terminate this Agreement in accordance with the Duration and Termination of the Agreement section herein included.

Appears in 1 contract

Samples: Terms & Conditions

The Client. A. a. Acknowledges that the Account shall be activated upon the deposit of funds/advance payment into the Account. B. b. Warrants that he/she shall at all times be compliant with and honor all terms and conditions of this Agreement. C. c. Warrants that he/she shall ensure that at all times keep the username and password issued given by the Company in relation to the use of the Service(s) and the Account, will only be used by him/her and will not be disclosed to any other person;. X. d. Xxxxx be liable for all orders submitted through his/her security information and any orders received in this manner by the Company shall be considered deemed to have been given by the Client;. X. Xxxxxx accepts e. Accepts the risk of orders being placed by unauthorized persons and/or trading accounts account being used by someone without the client’s permission (hereinafter collectively referred to as ‘’unauthorized access’’ or “hacked account”) and agrees to indemnify the Company in full for any and all losses, costs, and expenses derived as a resultresulting from such unauthorized access. In this case, the client Client further agrees and accepts the following: (i) i. The client Client shall notify inform the Company immediately regarding unauthorized access to his/her trading account; (ii) . The Company shall be entitled to block immediately the client’s trading account and increase the processing time and/or cancel withdrawal requests without prior notification to the client and the client will not be entitled to any profits made during the time the account was unauthorized accessed; (iii) . The client shall provide the Company with any information and/or documents deemed necessary in order to unblock the trading account. X. Xxxxxx f. Hereby acknowledges that frequent access and logins to the Account via different IP addresses from different countries and/or via the use of VPN (with the exception of users from Turkey or Indonesia) is an indication that shall reasonably lead the Company to believe that sections 3 paragraph 6 and 7 paragraph d subparagraph sub-paragraph b, herein have been breached. X. Xxxxxxxx g. Confirms that any trading strategies and/or investment decisions and/or any activities performed by him/her through his/her Account and on the Trading Platform are made having in mind/considered/being aware of all risks involved and solely on the basis of his/her knowledge and upon his/her sole discretion. H. h. Warrants that he/she shall take all necessary steps and action in order not to disclose any confidential information of the Company which the Company shall disclose to and/or make available to the Client from time to time. I. i. Accepts any risk, including without limitation to any risk of financial loss, that arises from unauthorized access to and operation of his/her Account by third and/or unauthorized parties. X. j. Xxxxx notify the Company of any changes to of his/her contact details and any other changes of the personal data he/she provided to the Company, within 7 (seven) calendar days since such changes came into effect. K. k. Shall register only 1 (one) Account with the Company. In case If the Client owns multiple has several accounts, any transactions/Operations made via such multiple accounts and corresponding financial results of such transactions/Operations, can be canceled cancelled to the absolute discretion of the Company. All such multiple accounts can be blocked upon the Company’s absolute discretion and the Company shall be entitled to terminate this Agreement immediately, and close the account and all open positions. X. l. Xxxxx indemnify and hold keep harmless the Company of any claims and/or legal actions instigated proceedings taken against the Company as a result consequence of disclosure of the Client’s personal data. M. m. Irrevocably accept full responsibility for his/her actions according to in accordance with current tax legislation laws valid at the place of residence/living of the Client regarding any performed transactions/Operations, including but not limited to revenue/income tax. X. Xxxxxxxxxxxx n. Acknowledges that the provision of the Service(s) may involve information being transported over necessitate the transmission of data across an open network. Information As a result, information is therefore transmitted regularly routinely and without control sent across borders. The Company shall take reasonable steps measures to avoid prevent information from being intercepted and read by third parties by utilizing techniques using methods such as encryption, however nonetheless, it is not always possible feasible to avoid third-prevent third party unauthorized access to/view of the Client’s information/personal data. The Client hereby acknowledges this risk expressly recognizes and accepts and consents to thisthis risk, so long as he/she is reasonably satisfied convinced that any such unauthorized access/disclosure was not made intentionally deliberately and that the Company took all reasonable measures means and actions in order to prevent such unauthorized access/disclosure. O. Acknowledges o. Recognizes and agrees that the Company has the right to close any transactionright, at its sole and absolute discretion discretion, to close any transaction without providing prior notice to the Client if the underlying asset or contract on which the transaction is based settles on an expiry date as determined by the relevant financial market, market on which the said asset is traded (such time referred to as the 'Closing Time,' and the relevant expiring transaction referred to as an 'Expiring Transaction'). The Company shall is not be obligated liable to take actions any measures in order to roll over an open position in an Expiring Transaction. P. Acknowledges . p. Recognizes and accepts that the Company prohibits bans the use of third-party or anonymous payments into payment methods to fund the Client’s 's Account. Only funds sent from an a client-owned account held in the Client’s name and belonging to the Client are acceptableaccepted. The Company reserves the right at right, in its discretion sole discretion, to block the Account if it has identified third-third party or anonymous deposits, to block the Account. The Client should note that any remaining funds will be returned to the third-party source via using the same payment method and that any profits accumulated by the Client using third third-party or anonymous funds will not be made available to the Client. X. q. Xxxxxx that in case the Company carries out executes a transaction/Operation on his/her behalf which is not covered by the balance of his/her Account, the Company shall have the right to liquidate his/her assets and use the proceeds to cover settle part or the total difference. X. Xxxxxxxxxxx r. Irrevocably accepts that he/she is solely responsible for any and all technical deficiencies problems that may occur arise in Client’s connection to the course of using the Trading Platform, in Client's equipment used for receiving the services (including, including but not limited to, to any personal computer, laptop, mobile phone and etc.)phone, and or other device used for receiving services. The Client also confirms that he/she shall have no claims whatsoever against the Company for any direct and/or indirect damages suffered by the Client may suffer due to as a result of such deficienciesproblems. S. s. Acknowledges that the Company has reserves the right to refuse to execute any transaction/Operation requested by the Client and/or any other action required, under this Agreement, for as long as it maintains any claims against the Client, whether these are due, future or contingent and regardless of whether these arise from the same transaction/Operation from which such obligations arise. X. Xxxxxxxxxxxx t. Acknowledges and accepts that the Company may unilaterally amend this Agreement and/or any materials made available on the Website may be amended unilaterally, from time to time, by the Company, and that he/she shall be responsible to check on for frequently checking the Website frequently in order to ensure that he/she has made himself/herself aware of any changes effected in such this manner. Upon the submission of a request by the Client of for any transaction/OperationOperation by the Client, any changes effected made to this Agreement and/or to any materials information made available on the Website shall will be deemed as considered acknowledged and accepted by the Client. U. . u. If the Company deems that the amendments are material, such amendments will take effect on the date specified in the notice to the Client and if no date is specified, then on the date of receipt of the notice. V. v. The Client understands acknowledges and agrees accepts that her/his consent is not necessary required for any change to be effective. Whether the Client does not respond and/or disagrees with the content of the amendments changes implemented in the Company’s Terms and Conditions, this will be considered as an acceptance by the Client of the contents of the amendment and of the amended Terms and Conditions. FurtherAdditionally, any order of the Client to execute a transaction(s) following the receipt of the notice and/or login into his Account, shall be deemed considered as acceptance by the Client of the contents of the amendment and of the Agreement as amended. W. w. The Client understands that it is his/her sole responsibility to remain up-to-date with all changes. The applicable version shall be the latest version uploaded on the Company’s website and in the event of a dispute the latest version shall prevail. X. x. In case the Client does not agree with the amendmentschanges, the Client shall be entitled to terminate this Agreement in accordance with the Duration and Termination of the Agreement section herein included.

Appears in 1 contract

Samples: Terms & Conditions

The Client. A. a. Acknowledges that the Account shall be activated upon the deposit of funds/advance payment into the Account. B. b. Warrants that he/she shall at all times be compliant with and honor all terms and conditions of this Agreement. C. c. Warrants that he/she shall ensure that at all times the username and password issued by the Company in relation to the use of the Service(s) and the Account, will only be used by him/her and will not be disclosed to any other person; X. d. Xxxxx be liable for all orders submitted through his/her security information information, and any orders received in this manner by the Company shall be considered to have been given by the Client; X. Xxxxxx e. Hereby accepts the risk of orders placed by unauthorized persons and/or trading accounts account used by someone without the client’s permission (hereinafter collectively referred to as ‘’unauthorized access’’ or “hacked account”) and agrees to indemnify the Company in full for any and all losses, costs, costs and expenses derived as a result. In this case, the client further agrees and accepts the following: (i) i. The client shall notify the Company immediately regarding unauthorized access to his/her trading account; (ii) . The Company shall be entitled to block immediately the client’s trading account and increase the processing time and/or cancel withdrawal withdraw requests without prior notification to the client Client, and the client will not be entitled to any profits made during the time the account was unauthorized accessed; (iii) . The client shall provide the Company with any information and/or documents deemed necessary in order to unblock the trading account. X. Xxxxxx f. Hereby acknowledges that frequent access and logins to the Account via different IP addresses from different countries and/or via the use of VPN (with the exception of users from Turkey or Indonesia) is an indication that shall reasonably lead the Company to believe that sections 3 paragraph 6 and 7 paragraph d subparagraph b, herein have section 15.4.XI has been breached. X. Xxxxxxxx g. Confirms that any trading strategies and/or investment decisions and/or any activities performed by him/her through his/her Account and on the Trading Platform are made having in mind/considered/being aware of all risks involved and solely on the basis of his/her knowledge and upon his/her sole discretion. H. h. Warrants that he/she shall take all necessary steps and action in order not to disclose any confidential information of the Company Company, which the Company shall disclose to and/or make available to the Client from time to time. I. i. Accepts any risk, including without limitation to any risk of financial loss, that arises from unauthorized access to and operation of his/her Account by third and/or unauthorized parties. X. j. Xxxxx notify the Company of any changes to of his/her contact details and any other changes of the personal data he/she provided to the Company, within 7 (seven) calendar days since such changes came into effect. K. k. Shall register only 1 (one) Account with the Company. In case that the Client owns multiple accounts, any transactions/Operations made via such multiple accounts and corresponding financial results of such transactions/Operations, can be canceled to at the absolute discretion of the Company. All such multiple accounts can be blocked upon at the Company’s absolute discretion discretion, and the Company shall be entitled to terminate this Agreement immediately, and close the account and all open positions. X. l. Xxxxx indemnify and hold harmless the Company of any claims and/or legal actions instigated against the Company as a result of disclosure of the Client’s personal data. M. m. Irrevocably accept full responsibility for his/her actions according to current tax legislation valid at the place of residence/living of the Client regarding any performed transactions/Operations, including but not limited to revenue/income tax. X. Xxxxxxxxxxxx n. Acknowledges that the provision of the Service(s) may involve information being transported over an open network. Information is therefore transmitted regularly and without control across borders. The Company shall take reasonable steps to avoid information being intercepted and read by third parties by utilizing techniques such as encryption, however it is not always possible to avoid third-third party unauthorized access to/view of the Client’s information/personal data. The Client hereby xxxxxx acknowledges this risk and accepts and consents to this, so long as he/she is reasonably satisfied that any such unauthorized access/disclosure was not made intentionally and that the Company took all reasonable measures and actions in order to prevent such unauthorized access/disclosure. O. o. Acknowledges and agrees that the Company has the right to close any transaction, at its sole and absolute discretion without providing prior notice to the Client if the underlying asset or contract on which the transaction is based settles on an expiry date as determined by the relevant financial market, on which the said asset is traded (such time referred to as 'Closing Time' and the relevant expiring transaction referred to as an 'Expiring Transaction'). The Company shall not be obligated to take actions to roll over an open position in an Expiring Transaction. P. . p. Acknowledges that the Company prohibits third-party or anonymous payments into the Client’s Account. Only funds sent from an account held in the Client’s name and belonging to the Client are acceptable. The Company reserves the right right, at its discretion discretion, if it has identified a third-party or anonymous depositsdeposit, to block the Account. The Client should note that any remaining funds will be returned to the third-party source via the same payment method method, and any profits accumulated by the Client using third third-party or anonymous funds will not be made available to the Client. X. Xxxxxx q. Agrees that in case the Company carries out a transaction/Operation on his/her behalf which is not covered by the balance of his/her Account, the Company shall have the right to liquidate his/her assets and use the proceeds to cover part or the total difference. X. Xxxxxxxxxxx r. Irrevocably accepts that he/she is solely responsible for any technical deficiencies that may occur in Client’s connection to the Trading Platform, in Client's equipment used for receiving the services (including, but not limited to, personal computer, laptop, mobile phone and etc.), and confirms that he/she shall have no claims whatsoever against the Company for any direct and/or indirect damages the Client may suffer due to such deficiencies. S. s. Acknowledges that the Company has the right to refuse to execute any transaction/Operation requested by the Client and/or any other action required, under this Agreement, for as long as it maintains any claims against the Client, whether these are due, future or contingent and regardless of whether these arise from the same transaction/Operation from which such obligations arise. X. Xxxxxxxxxxxx t. Acknowledges that the Company has the right to refuse to execute any transaction/Operation, place restrictions and/or close the client’s trading accounts operated by the Company under this brand and any other associated brands. The Company may exercise this right for reasons including, but not limited to, fraudulent activities and/or other violations of the Company’s terms and conditions. Clients acknowledge and agree that such actions by the Company shall not give rise to any claims or liabilities against the Company. u. Acknowledges and accepts that this Agreement and/or any materials made available on the Website may be amended unilaterally, from time to time, by the Company, and that he/she shall be responsible to check on the Website frequently in order to ensure that he/she has made himself/herself aware of any changes effected in such manner. Upon the submission of a request by the Client of any transaction/Operation, any changes effected to this Agreement and/or to any materials made available on the Website shall be deemed as acknowledged and accepted by the Client. U. . v. If the Company deems that the amendments are material, such amendments will take effect on the date specified in the notice to the Client and if no date is specified, then on the date of receipt of the notice. V. w. The Client understands and agrees that her/his consent is not necessary for any change to be effective. Whether the Client does not respond and/or disagrees with the content of the amendments implemented in the Company’s Terms and Conditions, this will be considered as an acceptance by the Client of the contents of the amendment and of the amended Terms and Conditions. Further, any order of the Client to execute a transaction(s) following the receipt of the notice and/or login into his Account, shall be deemed as acceptance by the Client of the contents of the amendment and of the Agreement as amended. W. x. The Client understands that it is his/her sole responsibility to remain up-to-date with all changes. The applicable version shall be the latest version uploaded on the Company’s website website, and in the event of a dispute dispute, the latest version shall prevail. X. y. In case the Client does not agree with the amendments, the Client shall be entitled to terminate this Agreement in accordance with the Duration and Termination of the Agreement section herein included.

Appears in 1 contract

Samples: General Terms and Conditions

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The Client. A. Acknowledges that the Account shall be activated upon the deposit of funds/advance payment into the Account. B. 9.2.1. Warrants that he/she shall at all times be compliant with and honor all terms and conditions of this Agreement.; C. 9.2.2. Warrants that he/she shall ensure that at all times the username and password issued by the Company in relation to the use of the Service(s) and the Account, will only be used by him/her and will not be disclosed to any other person; X. Xxxxx 9.2.3. Shall be liable for all orders submitted through his/her security information and any orders received in this manner by the Company shall be considered to have been given by the Client; X. 9.2.4. Xxxxxx accepts the risk of orders placed by unauthorized persons and/or trading accounts account used by someone without the client’s permission (hereinafter collectively referred to as ‘’unauthorized access’’ or “hacked account”) and agrees to indemnify the Company in full for any and all losses, costs, costs and expenses derived as a result. In this case, the client further agrees and accepts the following: (i) : The client shall notify the Company immediately regarding unauthorized access to his/her trading account; (ii) ; The Company shall be entitled to block immediately the client’s trading account and increase the processing time and/or cancel withdrawal withdraw requests without prior notification to the client and the client will not be entitled to any profits made during the time the account was unauthorized accessed; (iii) ; The client shall provide the Company with any information and/or documents deemed necessary in order to unblock the trading account. X. Xxxxxx acknowledges that frequent access and logins to the Account via different IP addresses from different countries and/or via the use of VPN (with the exception of users from Turkey or Indonesia) is an indication that shall reasonably lead the Company to believe that sections 3 paragraph 6 and 7 paragraph d subparagraph b, herein have been breached. X. Xxxxxxxx 9.2.5. Confirms that any trading strategies and/or investment decisions and/or any activities performed by him/her through his/her Account and on the Trading Platform are made having in mind/considered/being aware of all risks involved and solely on the basis of his/her knowledge and upon his/her sole discretion. H. 9.2.6. Warrants that he/she shall take all necessary steps and action in order not to disclose any confidential information of the Company which the Company shall disclose to and/or make available to the Client from time to time. I. 9.2.7. Accepts any risk, including without limitation to any risk of financial loss, that arises from unauthorized access to and operation of his/her Account by third and/or unauthorized unauthorised parties. X. 9.2.8. Xxxxx notify the Company of any changes to of his/her contact details and any other changes of the personal data he/she provided to the Company, within 7 (seven) calendar days since such changes came into effect. K. 9.2.9. Shall register only 1 (one) Account with the Company. In case that the Client owns multiple accounts, any transactions/Operations made via such multiple accounts and corresponding financial results of such transactions/Operations, can be canceled cancelled to the absolute discretion of the Company. All such multiple accounts can be blocked upon the Company’s absolute discretion discretion, and funds deposited and maintained therein shall not be considered/treated as financial obligation of the Company shall be entitled to terminate this Agreement immediately, and close towards the account and all open positionsClient. X. 9.2.10. Xxxxx indemnify and hold harmless the Company of any claims and/or legal actions instigated against the Company as a result of disclosure of the Client’s personal data. M. 9.2.11. Irrevocably accept full responsibility for his/her actions according to current tax legislation valid at the place of residence/living of the Client regarding any performed transactions/Operations, including but not limited to revenue/income tax. X. Xxxxxxxxxxxx 9.2.12. Acknowledges that the provision of the Service(s) may involve information being transported over an open network. Information is therefore transmitted regularly and without control across borders. The Company shall take reasonable steps to avoid information being intercepted and read by third parties by utilizing techniques such as encryption, however it is not always possible to avoid third-third party unauthorized access to/view of the Client’s information/personal data. The Client hereby acknowledges this risk and accepts and consents to this, so long as he/she is reasonably satisfied that any such unauthorized access/disclosure was not made intentionally and that the Company took all reasonable measures and actions in order to prevent such unauthorized access/disclosure. O. 9.2.13. Acknowledges and agrees that the Company has the right to close any transaction, at its sole and absolute discretion without providing prior notice to the Client if the underlying asset or contract on which the transaction is based settles on an expiry date as determined by the relevant financial market, on which the said asset is traded (such time referred to as 'Closing Time' and the relevant expiring transaction referred to as an 'Expiring Transaction'). The Company shall not be obligated to take actions to roll over an open position in an Expiring Transaction. 9.2.14. P. Acknowledges that the Company prohibits third-third party or anonymous payments into the Client’s Account. Only funds sent from an account held in the Client’s name and belonging to the Client are acceptable. The Company reserves the right at its discretion discretion, if it has identified third-third party or anonymous deposits, to block the Account. The Client should note that any remaining funds will be returned to the third-party source via the same payment method and any profits accumulated by the Client using third party or anonymous funds will not be made available to the Client. X. 9.2.15. Xxxxxx that in case the Company carries out a transaction/Operation on his/her behalf which is not covered by the balance of his/her Account, the Company shall have the right to liquidate his/her assets and use the proceeds to cover part or the total difference. X. Xxxxxxxxxxx 9.2.16. Irrevocably accepts that he/she is solely responsible for any technical deficiencies that may occur in Client’s connection to the Trading Platform, in Client's equipment used for receiving the services (including, but not limited to, personal computer, laptop, mobile phone and etc.), and confirms that he/she shall have no claims whatsoever against the Company for any direct and/or indirect damages the Client may suffer due to such deficiencies. S. 9.2.17. Acknowledges that the Company has the right to refuse to execute any transaction/Operation requested by the Client and/or any other action required, under this Agreement, for as long as it maintains any claims against the Client, whether these are due, future or contingent and regardless of whether these arise from the same transaction/Operation from which such obligations arise. X. Xxxxxxxxxxxx 9.2.18. Acknowledges and accepts that this Agreement and/or to any materials made available on the Website may be amended unilaterally, from time to time, by the Company, and that he/she shall be responsible to check on the Website frequently in order to ensure that he/she has made himself/herself aware of any changes effected in such manner. Upon the continued use of the Website or the submission of a request by the Client of any transaction/Operation, any changes effected to this Agreement and/or to any materials made available on the Website shall be deemed as acknowledged and accepted by the Client. 9.2.19. U. If the Company deems that the amendments are material, such amendments will take effect on the date specified in the notice to the Client and if no date is specified, then on the date of receipt of the notice. V. 9.2.20. The Client understands and agrees that her/his consent is not necessary for any change to be effective. Whether the Client does not respond and/or disagrees with the content of the amendments implemented in the Company’s Terms terms and Conditionsconditions, this will be considered as an acceptance by the Client of the contents of the amendment and of the amended Terms terms and Conditions. Further, any order of the Client to execute a transaction(s) following the receipt of the notice and/or login into his Account, shall be deemed as acceptance by the Client of the contents of the amendment and of the Agreement as amendedconditions. W. 9.2.21. The Client understands that it is his/her sole responsibility to remain up-to-date with all changes. The applicable version shall be the latest version uploaded on the Company’s website and in the event of a dispute the latest version shall prevail. X. In 0.0.00. Xx case the Client does not agree with the amendments, the Client shall be entitled to terminate this Agreement in accordance with the Duration and Termination of the Agreement section herein includedherewith.

Appears in 1 contract

Samples: Terms and Conditions

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