Common use of Understanding of Both Parties Clause in Contracts

Understanding of Both Parties. 14.1. We shall enter into transactions with you and conclude them in good faith. 14.2. You understand and accept that we will execute all your orders outside a Regulated Market, Multilateral Trading Facility or an Organised Trading Facility, (i.e. all Client orders will be executed over-the-counter). For more information, you should read the ‘Order Execution Policy’, as amended from time to time. By accepting this Client Agreement and placing any order with us you expressly provide your prior express consent before proceeding to execute your orders outside a trading venue. This consent is hereby provided in the form of a general agreement and not in respect of individual transactions. 14.3. We shall take all reasonable and necessary steps to ensure compliance with the applicable rules and regulations. Therefore, you agree to be bound by any decision we may make in order to comply with any rule, regulation or obligation of the Firm. 14.4. Where we provide you via our Website, the Software, with any links to other websites and/or resources from third parties, these links are provided for information only. We have no control over the content, quality or security of the information contained on those websites and/or resources, and therefore we cannot be made responsible for any losses that may arise from your use of these. 14.5. We take reasonable care in trying to ensure that any information and/or content, including third-party features on our Website, the Software and e-mail communications from us is accurate and complete. However, some information may be provided ‘as is’ and on an ‘if available’ basis, and therefore we cannot give any warranties or representations (either expressed or implied), relating to the said features and any third-party information. 14.6. We reserve the right to amend the product specifications and conditions, as available from our Website from time to time, when we deem necessary. You shall ensure to remain updated with regards to our product specifications and conditions, as well as any other information which may be of your interest, and you shall take all necessary actions to safeguard your interest where you believe you may be affected in any way by any such amendments. You understand that you will continue to be bound by the Agreement in the event of any of these amendments taking place. However, nothing in this clause shall affect your right to terminate the Agreement, without any penalty whatsoever, subject to any existing obligations. 14.7. Further to the clause above, you understand that we may remove any of our products and/or cease providing you with the ability to place an order at any time. Where we have ceased to provide any product and you have a previously open position in that product, it is your responsibility to cancel and/or close such position, otherwise we will close the position at the last available price for the relevant instrument. You also understand that any open positions on CFDs with expiration date will be automatically closed at the end of the last trading day. 14.8. You understand that in order to provide you with our services, we may enter into agreements with external service providers for any activity and/or operation we may conduct. We will do so in accordance with the applicable rules. 14.9. Where your relationship with us is between one or more persons, for example through a joint account or a legal entity, all obligations and liabilities under the Agreement shall be joint and several. Any communication, including but not limited to notices and orders shall be considered as delivered to all persons that together constitute the Client. 14.10. We reserve the right to reverse any transactions which we deem to be contrary to your interest or ours, for any reason. 14.11. Where you are in breach (or we have reasonable grounds to believe you may be in breach) of any term contained in the Agreement, we reserve the right to temporarily or permanently suspend your access to the Software, your Account(s), and/or terminate the Agreement, and/or take any other actions as we may see fit in the circumstances.

Appears in 2 contracts

Samples: Client Agreement, Client Agreement

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Understanding of Both Parties. 14.1. We shall enter into transactions with you and conclude them in good faith. 14.2. You understand and accept that we will execute all your orders outside a Regulated Market, Multilateral Trading Facility or an Organised Trading Facility, (i.e. all Client orders will be executed over-the-counter). For more information, you should read the ‘Order Execution Policy’, as amended from time to time. By accepting this Client Agreement and placing any order with us you expressly provide your prior express consent before proceeding to execute your orders outside a trading venue. This consent is hereby provided in the form of a general agreement and not in respect of individual transactions. 14.3. We shall take all reasonable and necessary steps to ensure compliance with the applicable rules and regulations. Therefore, you agree to be bound by any decision we may make in order to comply with any rule, regulation or obligation of the Firm. 14.4. Where we provide you via our Website, the Software, with any links to other websites and/or resources from third parties, these links are provided for information only. We have no control over the content, quality or security of the information contained on those websites and/or resources, and therefore we cannot be made responsible for any losses that may arise from your use of these. 14.5. We take reasonable care in trying to ensure that any information and/or content, including third-party features on our Website, the Software and e-mail communications from us is accurate and complete. However, some information may be provided ‘as is’ and on an ‘if available’ basis, and therefore we cannot give any warranties or representations (either expressed or implied), relating to the said features and any third-party information. 14.6. We reserve the right to amend the product specifications and conditions, as available from our Website from time to time, when we deem necessary. You shall ensure to remain updated with regards to our product specifications and conditions, as well as any other information which may be of your interest, and you shall take all necessary actions to safeguard your interest where you believe you may be affected in any way by any such amendments. You understand that you will continue to be bound by the Agreement in the event of any of these amendments taking place. However, nothing in this clause shall affect your right to terminate the Agreement, without any penalty whatsoever, subject to any existing obligations. 14.7. Further to the clause above, you understand that we may remove any of our products and/or cease providing you with the ability to place an order at any time. Where we have ceased to provide any product and you have a previously open position in that product, it is your responsibility to cancel and/or close such position, otherwise we will close the position at the last available price for the relevant instrument. You also understand that any open positions on CFDs with expiration date will be automatically closed at the end of the last trading day. 14.8. You understand that in order to provide you with our services, we may enter into agreements with external service providers for any activity and/or operation we may conduct. We will do so in accordance with the applicable rules. 14.9. Where your relationship with us is between one or more persons, for example through a joint account or a legal entity, all obligations and liabilities under the Agreement shall be joint and several. Any communication, including but not limited to notices and orders shall be considered as delivered to all persons that together constitute the Client. 14.10. We reserve the right to reverse any transactions which we deem to be contrary to your interest or ours, for any reason. 14.11. Where you are in breach (or we have reasonable grounds to believe you may be in breach) of any term contained in the Agreement, we reserve the right to suspend your access temporarily or permanently suspend your access to the Software, your Account(s), and/or terminate the Agreement, and/or take any other actions as we may see fit in the circumstances.

Appears in 2 contracts

Samples: Client Agreement, Client Agreement

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