YOUR DUTIES TO US. 6.1.1 You will be legally bound by the terms in this Agreement, so it is important on entering it, and on a continuing basis, you agree that you have and will maintain full legal capacity and all necessary authority, permissions and powers, and have taken all necessary action to enable you:- 6.1.1.1 to enter into these Terms lawfully; 6.1.1.2 to give us orders and instructions; 6.1.1.3 to enter into any transactions; and 6.1.1.4 to grant any security interests, rights and powers referred to in these Terms. You shall:- 6.1.2 co-operate with Wealthify in all matters relating to the Services; and 6.1.3 provide Wealthify with such information and materials as Wealthify may reasonably require in order to supply the Services, and ensure that such information is true and accurate. 6.1.4 The Services we provide in section 12 are Services which you are willing and able to retain. 6.1.5 You will notify us promptly of any changes to your circumstances or information you provided e.g. your residency, financial circumstances, investment objectives, or attitude to risk. 6.1.6 There is no pending or, to your knowledge, threatened, any action, suit or proceeding before any court, tribunal, governmental body, agency or official, or any arbitrator that purports to affect or is likely to affect, the legality, validity or enforceability against you of these Terms or ability to perform your obligations under these Terms. 6.1.7 You are now and will be at all material times in the future in compliance with all applicable law, rules and regulations concerning the detection of financial crime, prevention of terrorism and anti-money laundering and you acknowledge that any transaction dealt with by us on your instructions will be covered by statutory and other requirements relating to money laundering and combating terrorist financing. 6.1.8 We are legally obliged to keep your affairs confidential. However, we may be required by statute to make a disclosure to the National Crime Agency where we know or suspect that a transaction may involve money laundering or terrorist financing. If we make a disclosure in relation to your matter, we may not be able to tell you that a disclosure has been made. We may have to stop providing Services to you for a period of time and may not be able to tell you why. We accept no liability whatsoever for any loss or damage (including any costs, expenses or liabilities) of any kind incurred by you as a result of having to make such a disclosure or having to stop providing Services to you for such period of time. 6.1.9 You are wholly responsible for the accuracy of any information that you provide to us and we accept no liability whatsoever should incorrect data received from you result in financial loss or damage (including any costs, expenses or liabilities) of any kind. You will notify us immediately if you discover that any information we hold for you is obsolete, incorrect, misleading, inconsistent and/or irrelevant in any way. 6.1.10 If Wealthify's performance of any of its obligations under the Agreement is prevented or delayed by any act or omission by the Customer or failure to perform any relevant obligation under these Terms ("Customer Default"):- 6.1.11 Wealthify shall without limiting its other rights or remedies have the right to suspend performance of the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations to the extent the Customer Default prevents or delays Wealthify's performance of any of its obligations; and 6.1.12 Wealthify shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from Wealthify's failure or delay to perform any of its obligations as set out in this clause. 6.1.13 You will indemnify us against any liability, cost, expense, loss or any damage incurred by us (including but not limited to professional advisors' fees) arising from your breach of this Agreement, negligence, wilful default or fraud or fraudulent misrepresentation.
Appears in 1 contract
Samples: Customer Agreement
YOUR DUTIES TO US. β
6.1.1 You will be legally bound by the terms in this Agreement, so it is important on entering it, and on a continuing basis, you agree that you have and will maintain full legal capacity and all necessary authority, permissions and powers, and have taken all necessary action to enable you:-
6.1.1.1 to enter into these Terms lawfully;
6.1.1.2 to give us orders and instructions;
6.1.1.3 to enter into any transactions; and
6.1.1.4 to grant any security interests, rights and powers referred to in these Terms. You shall:-
6.1.2 co-operate with Wealthify in all matters relating to the Services; and
6.1.3 provide Wealthify with such information and materials as Wealthify may reasonably require in order to supply the Services, and ensure that such information is true and accurate.
6.1.4 The Services we provide in section 12 are Services which you are willing and able to retain.
6.1.5 You will notify us promptly of any changes to your circumstances or information you provided e.g. your residency, financial circumstances, investment objectives, or attitude to risk.
6.1.6 There is no pending or, to your knowledge, threatened, any action, suit or proceeding before any court, tribunal, governmental body, agency or official, or any arbitrator that purports to affect or is likely to affect, the legality, validity or enforceability against you of these Terms or ability to perform your obligations under these Terms.
6.1.7 You are now and will be at all material times in the future in compliance with all applicable law, rules and regulations concerning the detection of financial crime, prevention of terrorism and anti-money laundering and you acknowledge that any transaction dealt with by us on your instructions will be covered by statutory and other requirements relating to money laundering and combating terrorist financing.
6.1.8 We are legally obliged to keep your affairs confidential. However, we may be required by statute to make a disclosure to the National Crime Agency where we know or suspect that a transaction may involve money laundering or terrorist financing. If we make a disclosure in relation to your matter, we may not be able to tell you that a disclosure has been made. We may have to stop providing Services to you for a period of time and may not be able to tell you why. We accept no liability whatsoever for any loss or damage (including any costs, expenses or liabilities) of any kind incurred by you as a result of having to make such a disclosure or having to stop providing Services to you for such period of time.
6.1.9 You are wholly responsible for the accuracy of any information that you provide to us and we accept no liability whatsoever should incorrect data received from you result in financial loss or damage (including any costs, expenses or liabilities) of any kind. You will notify us immediately if you discover that any information we hold for you is obsolete, incorrect, misleading, inconsistent and/or irrelevant in any way.
6.1.10 If Wealthify's performance of any of its obligations under the Agreement is prevented or delayed by any act or omission by the Customer or failure to perform any relevant obligation under these Terms ("Customer Default"):-
6.1.11 Wealthify shall without limiting its other rights or remedies have the right to suspend performance of the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations to the extent the Customer Default prevents or delays Wealthify's performance of any of its obligations; and
6.1.12 Wealthify shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from Wealthify's failure or delay to perform any of its obligations as set out in this clause.
6.1.13 You will indemnify us against any liability, cost, expense, loss or any damage incurred by us (including but not limited to professional advisors' fees) arising from your breach of this Agreement, negligence, wilful default or fraud or fraudulent misrepresentation.
Appears in 1 contract
Samples: Customer Agreement
YOUR DUTIES TO US. β
6.1.1 You will be legally bound by the terms in this Agreement, so it is important on entering it, and on a continuing basis, you agree that you have and will maintain full legal capacity and all necessary authority, permissions and powers, and have taken all necessary action to enable you:-
6.1.1.1 to enter into these Terms lawfully;
6.1.1.2 to give us orders and instructions;
6.1.1.3 to enter into any transactions; and
6.1.1.4 to grant any security interests, rights and powers referred to in these Terms. You shall:-
6.1.2 co-operate with Wealthify in all matters relating to the Services; and
6.1.3 provide Wealthify with such information and materials as Wealthify may reasonably require in order to supply the Services, and ensure that such information is true and accurate.
6.1.4 The Services we provide in section 12 are Services which you are willing and able to retain.
6.1.5 You will notify us promptly of any changes to your circumstances or information you provided e.g. your residency, financial circumstances, investment objectives, or attitude to risk.
6.1.6 There is no pending or, to your knowledge, threatened, any action, suit or proceeding before any court, tribunal, governmental body, agency or official, or any arbitrator that purports to affect or is likely to affect, the legality, validity or enforceability against you of these Terms or ability to perform your obligations under these Terms.
6.1.7 You are now and will be at all material times in the future in compliance with all applicable law, rules and regulations concerning the detection of financial crime, prevention of terrorism and anti-money laundering and you acknowledge that any transaction dealt with by us on your instructions will be covered by statutory and other requirements relating to money laundering and combating terrorist financing.
6.1.8 We are legally obliged to keep your affairs confidential. However, we may be required by statute to make a disclosure to the National Crime Agency where we know or suspect that a transaction may involve money laundering or terrorist financing. If we make a disclosure in relation to your matter, we may not be able to tell you that a disclosure has been made. We may have to stop providing Services to you for a period of time and may not be able to tell you why. We accept no liability whatsoever for any loss or damage (including any costs, expenses or liabilities) of any kind incurred by you as a result of having to make such a disclosure or having to stop providing Services to you for such period of time.
6.1.9 You are wholly responsible for the accuracy of any information that you provide to us and we accept no liability whatsoever should incorrect data received from you result in financial loss or damage (including any costs, expenses or liabilities) of any kind. You will notify us immediately if you discover that any information we hold for you is obsolete, incorrect, misleading, inconsistent and/or irrelevant in any way.
6.1.10 If Wealthify's performance of any of its obligations under the Agreement is prevented or delayed by any act or omission by the Customer or failure to perform any relevant obligation under these Terms ("Customer Default"):-
6.1.11 Wealthify shall without limiting its other rights or remedies have the right to suspend performance of the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations to the extent the Customer Default prevents or delays Wealthify's performance of any of its obligations; and
6.1.12 Wealthify shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from Wealthify's failure or delay to perform any of its obligations as set out in this clause.
6.1.13 You will indemnify us against any liability, cost, expense, loss or any damage incurred by us (including but not limited to professional advisors' fees) arising from your breach of this Agreement, negligence, wilful default or fraud or fraudulent misrepresentationfraudulentmisrepresentation.
Appears in 1 contract
Samples: Customer Agreement
YOUR DUTIES TO US. 6.1.1 6.1 You will be legally bound by the terms in this Agreement, Terms so it is important on entering it, and on a continuing basis, you agree that you have and will maintain full legal capacity and all necessary authority, permissions and powers, and have taken all necessary action to enable you:-you:
6.1.1.1 a. to enter into these Terms lawfully;
6.1.1.2 b. to give us orders and instructions;
6.1.1.3 c. to enter into any transactions; and
6.1.1.4 d. to grant any security interests, rights and powers referred to in these Terms. .
6.2 You shall:-shall:
6.1.2 a. co-operate with Wealthify in all matters relating to the Services; and;
6.1.3 b. provide Wealthify with such information and materials as Wealthify may reasonably require in order to supply the Services, Services and ensure that such information is true and accurate.;
6.1.4 The Services we provide in section 12 are Services which you are willing and able c. regularly log on to retain.your online Wealthify Account to review your Investments as well as any communication or documentation that may be added to your Document Library from time to time; and
6.1.5 You will d. notify us promptly of any changes to your circumstances or information you provided e.g. your residency, financial circumstances, investment objectives, or attitude to risk.
6.1.6 There 6.3 The Services we provide in clause 7 are Services which you are willing and able to retain.
6.4 In accepting these terms, you confirm there is no pending or, to your knowledge, threatened, any action, suit or proceeding proceeding, or pending or threatened action, suit or proceeding, before any court, tribunal, governmental body, agency or official, or any arbitrator that purports to affect or is likely to affect, the legality, validity or enforceability against you of these Terms or ability to perform your obligations under these Terms.
6.1.7 6.5 You are now and will be at all material times in the future in compliance with all applicable law, rules and regulations concerning the detection of financial crime, prevention of terrorism and anti-money laundering and you acknowledge that any transaction dealt with by us on your instructions will be covered assessed by statutory and other requirements relating to money laundering and combating terrorist financing.
6.1.8 6.6 We are legally obliged to keep your affairs confidential. However, we may be required by statute Applicable Law to make a disclosure to the National Crime Agency where we know or suspect that a transaction may involve money laundering or terrorist financing. If we make a disclosure in relation to your this matter, we may not be able to tell you that a disclosure has been made. We may have to stop providing Services to you for a period of time and may not be able to tell you why. We accept no liability shall not be liable in any way whatsoever for any loss or damage (including any costs, expenses or liabilities) of any kind incurred by you as a result of having to make such a disclosure or having to stop providing Services to you for such period of time.
6.1.9 6.7 You are wholly responsible for the accuracy of any information that you provide to us and we accept no liability shall not be liable in any way whatsoever should incorrect data received from you result in financial loss or damage (including any costs, expenses or liabilities) of any kind. You will notify us immediately if you discover that any information we hold for you is obsolete, incorrect, misleading, inconsistent and/or irrelevant in any way.
6.1.10 6.8 If Wealthify's performance of any of its obligations under the Agreement is prevented or delayed by any act or omission by the Customer or failure to perform any relevant obligation under these Terms ("Customer Default"):-
6.1.11 Default"), Wealthify shall without limiting its other rights or remedies have the right to suspend performance of the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations to the extent the Customer Default prevents or delays Wealthify's performance of any of its obligations; and.
6.1.12 6.9 In the event of a Customer Default, Wealthify shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from Wealthify's failure or delay to perform any of its obligations as set out in this clauseclause 6.8.
6.1.13 6.10 You will indemnify us against any liability, cost, expense, loss or any damage incurred by us (including but not limited to professional advisors' fees) arising from your breach of this Agreementthese Terms, negligence, wilful default or fraud or fraudulent misrepresentation.
Appears in 1 contract
Samples: Customer Agreement