Your Warranties. You warrant that You have validly entered into this Agreement and have the legal power to do so.
Your Warranties. You make the following warranties and representations with respect to each image: • Each image is a true and accurate rendition of the front and back of the original check, without alteration, and the drawer of the check has no defense against payment of the check; • The amount, payee(s), signature(s), and endorsement(s) on the image and on the original check are legible, genuine, and accurate; • You will not deposit or otherwise endorse to a third party the original check and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the original check or a paper or electronic representation of the original check such that the person will be asked to make payment based on an item that has already been paid; • There are no other duplicate images of the original check; • The original check was authorized by the drawer in the amount stated on the original check and to the payee(s) stated on the original check; • You are authorized to enforce and obtain payment of the original check; and • You have possession of the original check and no party will submit the original check for payment. With respect to each image, you make to us all representations and warranties that we make or are deemed to make to any party pursuant to law, regulation or clearinghouse rule. You agree that files and images transmitted to us will contain no viruses or any other disabling features that may have an adverse impact on our network, data, or related systems.
Your Warranties. You represent, warrant and undertake to us, at the time of entering into this Agreement and each time you provide instructions through the Trading Platform or to us directly:
(a) status: you are not bankrupt, of unsound mind or incapable of managing your own affairs;
(b) authorisation: where applicable, you are empowered by, and have obtained, all necessary authorities under your constitution and at law to enable you to:
(i) properly execute this Agreement and to carry out the transactions contemplated;
(ii) ensure this Agreement is legal, valid, binding and admissible in evidence; and
(iii) enable you to properly carry on your business as it is now being conducted and you are complying with any conditions to which any of these authorisations is subject;
(c) power: you have full legal capacity and power to enter into this Agreement and to carry out the transactions that it contemplates;
(d) this Agreement: this Agreement constitutes your legal, valid and binding obligations, enforceable against you in accordance with its terms;
(e) consents: where applicable, you have obtained all necessary consents and have the authority to enter into this Agreement;
(f) compliance with laws: you are complying with all laws to which you are subject;
(g) no litigation: no litigation, arbitration, mediation, conciliation or administrative proceedings are taking place, pending, or to your knowledge after due enquiry, threatened which, if adversely decided, could have a material adverse effect on you;
(h) solvency: you are able to pay your debts as and when they fall due and are not otherwise insolvent or presumed to be insolvent under any law;
(i) information accurate: at all times the information provided by you to us in connection with this Agreement, whether in the Application Form or otherwise will be complete, true and accurate and not misleading (including by omission);
(j) disclosure of relevant information: you have disclosed to us all the information that we require for an assessment by us of the risks that we assume by entering into this Agreement with you;
Your Warranties. You warrant that you will: (a) at all times own all rights, or have all necessary rights, in the Content to permit you to grant Us, Our Group and Sub-Processors the rights and permissions in this MSA; (b) obtain and maintain all necessary authority, licences, consents, policies and permissions to perform your obligations under this MSA and/or to use and access the Services; and
Your Warranties. You make the following warranties and representations with respect to each Image:
Your Warranties. You undertake, warrant and represent to us, with the intention that the following undertakings, warranties and representations are repeated each time you provide instructions to us:
(a) legal disability: you are not under any legal disability and are not subject to any law which prevents you from entering this Client Agreement or any Products;
(b) corporate authorisation: if you are a company, you are empowered by, and have obtained, all necessary corporate or other authorities under your constitution and at law;
(c) consents: you have obtained all necessary consents and have the authority to enter into this Client Agreement and any Products;
(d) compliance with laws and valid obligations: you are complying with all laws to which you are subject, and the obligations expressed to be assumed by you under this Client Agreement and any Product are your legal, valid, binding and enforceable obligations;
(e) able to pay debts: you are able to pay your debts as and when they fall due and are not otherwise insolvent or presumed to be insolvent under any law;
Your Warranties. 5.1 You represent and warrant to us that as at the time of entering into this Agreement (and on an ongoing basis):
5.1.1 you will at all times comply with all Applicable Laws and you will not use the Services for the purposes of money laundering, tax evasion or terrorist financing;
5.1.2 you (and your Authorised Parties) have and will maintain all required rights, powers, authority, permits, licences, consents, permissions and authorisations to enter into this Agreement and to perform your obligations hereunder;
5.1.3 you will not use our Services for any speculative trading; and
5.1.4 all of the information provided to us (including in the Application Form) from time to time, is true, accurate and complete.
5.2 When entering into this Agreement on behalf of any Affiliate, you represent and warrant to us that you have the right, power and authority, as required under Applicable Laws, to enter into, and to perform, all the obligations under this Agreement for and on behalf of each Affiliate.
Your Warranties. You make the following warranties and representations with respect to each Debit Card Funding request: ▪ That you are an authorized Cardholder on the debit card used for the Debit Card Funding Service, and have the authority to initiate the transaction. ▪ The debit card information you entered is accurate, and that you have sufficient available funds at your issuing bank for the transaction amount.
Your Warranties. During any Period of Insurance, You shall warrant that
Your Warranties. You further represent and warrant to us that Your Content or End Users’ use of Your Content will comply with the Website Terms. If you have instructed a third party agent to represent you then you warrant to us that such third party agent has full authority to commit you to the Agreement and you remain liable for all acts and representations and agreements of such third party agent.
