Common use of Warranty and Representation Clause in Contracts

Warranty and Representation. A Warranty by the Client assures the Company that any statement below is true. If proven false, the Company has the right to immediately terminate the Agreement and / or take any other necessary action. The Client represents and warrants to the Company: That if a natural person, the Client was over 18 years of age at the moment this Agreement was accepted. That they have not been coerced, or otherwise persuaded to enter into the Agreement, nor have they entered into the Agreement based on any representation other than what is included herein. That any documents forwarded to the Company by the Client, during the registration and Account Opening process, or at any time thereafter, are valid and authentic and any information provided is accurate; and in the case of any changes the Company shall be informed. That unless they are entering into the Agreement as a representative or trustee of a third party (at where the Company specifically consents and the Client has provided the necessary documentation to satisfy regulatory requirements), the Client is acting as a principal. That they have read and fully understood and undertakes to comply with the terms of the Company’s Operative Agreements. The Client is duly authorised to enter into the Agreement, to give Orders, instructions and Requests and to perform its obligations thereunder. All actions performed under the Agreement will not violate any law or rule applicable to the Client or to the jurisdiction in which the Client is resident, or any agreement by which the Client is bound or by which any of the Client’s assets or funds are affected. That their funds are not directly or indirectly involved in any illegal activity or terrorist financing. That their funds are free of any lien, charge, pledge or other encumbrance That they have chosen a particular type of Service and Financial Instrument, taking his total financial circumstances into consideration which he considers reasonable under such circumstances. That the prices available by the Company, shall only be used for trading on own account and not for redistribution to any other third party for any reason. That they have declared in the Account Opening Application Form whether they are a Politically Exposed Person and will notify the Company if at any stage during the course of this Agreement they become a Politically Exposed Person. That there are no restrictions, arising from their nationality or religion, on the markets or financial instruments in which any Transactions will be sent for execution. That in case their tax status changes, the Company will be informed. That in case they are an employee or contractor of a financial services firm or any other firm that has controls over the financial transactions in which its employees and contractors deal, they must notify the Company properly of this and of any applicable restrictions. That any information in the Company's advertising materials will be considered only if combined with the complete description of the advertised services or promotion published on the Company's website. That the services offered by the Company pursuant to this Client Agreement, shall be used in good faith and, to this end, the Client will not use any electronic device, software, algorithm, or any trading strategy or any arbitrage practices (such as but not limited to latency abuse, price manipulation or time manipulation) that aims to manipulate or take unfair advantage of the way in which the Company makes available bid or offer prices. The Client also agrees that any use of the aforementioned methods, will be evidence that the Client is taking unfair advantage of the Company. That if a situation, not covered in this Agreement, arises, they will provide any information or documentation the Company requests, in order to resolve the situation in good faith and with accepted market practices.