Common use of Your Warranties Clause in Contracts

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;

Appears in 4 contracts

Sources: Client Agreement, Client Agreement, Client Agreement

Your Warranties. You representundertake, warrant and undertake represent to us, at with the time of entering into this Agreement intention that the following undertakings, warranties and representations are repeated each time you provide instructions through the Trading Platform or to us directlyus: (a) statuslegal disability: you are not bankrupt, of unsound mind under any legal disability and are not subject to any law which prevents you from entering this Client Agreement or incapable of managing your own affairsany Products; (b) corporate authorisation: where applicableif you are a company, you are empowered by, and have obtained, all necessary corporate or other 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 subjectlaw; (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 AgreementClient Agreement and any Products; (fd) compliance with lawslaws 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; (ge) no litigation: no litigation, arbitration, mediation, conciliation or administrative proceedings are taking place, pending, or able to your knowledge after due enquiry, threatened which, if adversely decided, could have a material adverse effect on you; (h) solvencypay 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; (if) no liquidator etc: no liquidator, provisional liquidator, receiver, receiver and manager, trustee, controller, official manager, administrator or similar officer has been appointed in relation to your affairs and no application has been made for the appointment of any of these persons; (g) information accurate: at all times the information provided by you to us in connection with this Agreementus, whether in the Application Form or otherwise will be complete, true and accurate and not misleading (including by omission);misleading; and (jh) disclosure of relevant informationtransactions: you have disclosed will not conduct any transactions, including trades, which contravene any laws or regulations, including in relation 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;▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, market manipulation or market abuse.

Appears in 3 contracts

Sources: Client Agreement, Client Agreement, Client Agreement

Your Warranties. You representundertake, warrant and undertake represent to us, at with the time of entering into this Agreement intention that the following undertakings, warranties and representations are repeated each time you provide instructions through the Trading Platform or to us directlyus: (a) statuslegal disability: you are not bankruptunder any legal disability and are not subject to any law which prevents you from entering this Client Agreement, of unsound mind or incapable of managing your own affairsdealing in any Products; (b) corporate authorisation: where applicableif you are a company, you are empowered by, and have obtained, all necessary corporate or other 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 subjectlaw; (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 AgreementClient Agreement and any Products; (fd) compliance with lawslaws 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; (ge) no litigation: no litigation, arbitration, mediation, conciliation or administrative proceedings are taking place, pending, or able to your knowledge after due enquiry, threatened which, if adversely decided, could have a material adverse effect on you; (h) solvencypay 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; (if) no liquidator etc: no liquidator, provisional liquidator, receiver, receiver and manager, trustee, controller, official manager, administrator or similar officer has been appointed in relation to your affairs and no application has been made for the appointment of any of these persons; (g) information accurate: at all times the information provided by you to us in connection with this Agreementus, whether in the Application Form or otherwise will be complete, true and accurate and not misleading (including by omission);misleading; and (jh) disclosure of relevant informationtransactions: you have disclosed will not conduct any transactions, including trades, which contravene any laws or regulations, including in relation 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;▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, market manipulation or market abuse.

Appears in 3 contracts

Sources: Client Agreement, Client Agreement, Client Agreement

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 directlyus: (a) status: you are not bankrupt, of unsound mind or incapable of managing your own affairs; (b) power: you have full legal capacity and power to enter into this Agreement and to carry out the transactions that it contemplates; (c) this Agreement: this Agreement constitutes your legal, valid and binding obligations, enforceable against you in accordance with its terms; (d) 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; andor (iii) enable you to properly carry on your business as it is now being conducted 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 youit; (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 is reasonably likely to be material to an assessment by us of the risks that we assume by entering into this Agreement with you;

Appears in 3 contracts

Sources: Retail Client Agreement, Retail Client Agreement, Retail Client Agreement

Your Warranties. 21.1. Representations and warranties are personal statements, assurances or undertakings given by you to us on which we rely when we deal with you. You represent, warrant make the following representations and undertake to us, warranties at the time of entering you enter into this Agreement Agreement, and each you will also be deemed to make them before every Transaction or any time you provide instructions through the Trading Platform or to give us directlyany other instruction: (a) status: 21.1.1. if you are not bankrupt, of unsound mind or incapable of managing your own affairs; (b) authorisation: where applicablean individual, you are empowered by, over 18 years old 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; 21.1.2. you have all necessary authority, powers, consents, licences and authorisations and have taken all necessary action to enable you lawfully to enter into and perform this Agreement and such Transaction and to grant the security interests and powers referred to in this Agreement; 21.1.3. the persons entering into this Agreement and each Transaction on your behalf have been duly authorised to do so; 21.1.4. this Agreement, each Transaction and the obligations created under them both are binding upon you and enforceable against you in accordance with their terms (fsubject to applicable principles of law) compliance with laws: you are complying with all laws to and do not and will not violate the terms of any regulation, order, charge or agreement by which you are subjectbound; (g) 21.1.5. no litigation: no litigation, arbitration, mediation, conciliation Event of Default or administrative proceedings are taking place, pending, or Potential Event of Default has occurred and is continuing with respect to your knowledge after due enquiry, threatened which, if adversely decided, could have a material adverse effect on you; (h) solvency: 21.1.6. you are able to pay acting on your debts own behalf (unless we have agreed otherwise in writing) and not as trustee in entering into this Agreement and when they fall due and are not otherwise insolvent or presumed to be insolvent under any laweach Transaction; (i) 21.1.7. any information accurate: at all times the information which you provide or have provided by you to us in connection with this Agreementrespect of your financial position, whether in the Application Form domicile or otherwise will be complete, true and other matters is accurate and not misleading (including by omission)in any material respect; (j) disclosure 21.1.8. you are willing and financially able to sustain a total loss of relevant information: funds resulting from a Transaction; and 21.1.9. except as otherwise agreed by us, you are the sole beneficial owner of all Margin you transfer under this Agreement, free and clear of any security interest whatsoever other than a right to withhold or dispose of assets routinely imposed on all securities in a clearing system in which such securities may be held. 21.2. You promise that: 21.2.1. you will at all times obtain and comply, and do all that is necessary to maintain in full force and effect, all authority, powers, consents, licences and authorisations referred to in this clause; 21.2.2. you will promptly notify us of the occurrence of any Event of Default or Potential Event of Default with respect to yourself; 21.2.3. you will take all reasonable steps to comply with all Applicable Regulations in relation to this Agreement and any Transaction, so far as they are applicable to you or us; 21.2.4. you will not send orders or take any action that could create a false impression of the demand for or value of a financial instrument, or send orders which you have disclosed reason to believe are in breach of Applicable Regulations. You shall observe the standard of behaviour reasonably expected of persons in your position and not take any step which would cause us all to fail to observe the standard of behaviour reasonably expected of persons in our position; and 21.2.5. upon demand, you will provide us with any information that we may reasonably require for an assessment by us as evidence of your compliance with the risks that we assume by entering into matters referred to in this Agreement with you;clause or any Applicable Regulations.

Appears in 3 contracts

Sources: Client Agreement, Client Agreement, Client Agreement

Your Warranties. 19.1 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 directlyagree that: (a) status: you are not bankrupt, have agreed to and will comply with the terms and conditions of unsound mind or incapable of managing your own affairsthis Agreement; (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 authorised to enter into this Agreement; (c) the person who signs the consignment note at the time of collection of the Equipment is authorised sign the consignment note on your behalf to declare the contents of the Equipment; (d) the description and particulars provided in the consignment note that is signed on your behalf at the point of collection includes full and accurate details relating to the nature of the contents of the Equipment; (e) the Equipment does not and will not at any time contain any prohibited or Dangerous Goods; (f) compliance with laws: you are complying with responsible for all laws to which you are subjectacts and omissions of your Personnel as if they were your acts and omissions; (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 all information which you have a material adverse effect on yougiven Veolia is correct and not misleading; (h) solvency: you are able to pay the Equipment will be used solely for the purpose of carrying on your debts as business and when they fall due and are not otherwise insolvent or presumed to be insolvent under for any lawother purpose; (i) information accurate: at all times you have satisfied yourself that the information provided by you to us Equipment complies with its description, is in connection with this Agreementgood working order and condition, whether is of merchantable quality and suitable for your purposes and that have relied on your own skill and judgement in choosing the Application Form or otherwise will be complete, true and accurate and not misleading (including by omission)Equipment; (j) disclosure so far as the law permits all conditions and warranties which might be implied (whether by statute or otherwise) in relation to this Agreement or the Equipment are excluded; and (k) you are not insolvent and will not become insolvent during the Term. 19.2 You acknowledge that this Agreement sets out the whole of relevant information: the agreement between the parties in respect of the Equipment, and that: (a) other than and expressly set out in this Agreement neither Veolia nor anyone on your behalf has given any warranty or made any representation to you as to the quality, fitness for any particular purpose, suitability or condition of the Equipment; (b) you have disclosed not relied on any representation or warranty from any person in deciding to us all enter into this Agreement, other than any representation or warranty expressly set out in this Agreement; and (c) you are not entitled to any compensation or remedy in connection with the information that we require for an assessment by us performance or servicing of the risks that we assume by entering into Equipment, warranties or the use or other benefits which you may or may not obtain from the Equipment or any related services which are not expressly provided for in this Agreement with you;Agreement.

Appears in 2 contracts

Sources: Terms and Conditions, Terms and Conditions

Your Warranties. You representundertake, warrant and undertake represent to us, at with the time of entering into this Agreement intention that the following undertakings, warranties and representations are repeated each time you provide instructions through the Trading Platform or to us directlyus: (a) statuslegal disability: you are not bankrupt, of unsound mind under any legal disability and are not subject to any law which prevents you from entering this Client Agreement or incapable of managing your own affairsany Products; (b) authorisationcorporate authorization: where applicableif you are a company, you are empowered by, and have obtained, all necessary corporate or other 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 subjectlaw; (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 AgreementClient Agreement and any Products; (fd) compliance with lawslaws 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; (ge) no litigation: no litigation, arbitration, mediation, conciliation or administrative proceedings are taking place, pending, or able to your knowledge after due enquiry, threatened which, if adversely decided, could have a material adverse effect on you; (h) solvencypay 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; (if) no liquidator etc.: no liquidator, provisional liquidator, receiver, receiver and manager, trustee, controller, official manager, administrator or similar officer has been appointed in relation to your affairs and no application has been made for the appointment of any of these persons; (g) information accurate: at all times the information provided by you to us in connection with this Agreementus, whether in the Application Form or otherwise will be complete, true and accurate and not misleading (including by omission);misleading; and (jh) disclosure of relevant informationtransactions: you have disclosed will not conduct any transactions, including trades, which contravene any laws or regulations, including in relation 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;▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, market manipulation or market abuse.

Appears in 2 contracts

Sources: Client Agreement, Client Agreement

Your Warranties. You representThe client represents, warrant and undertake to us, at the time of entering into this Agreement and each time you provide instructions through the Trading Platform trading platform or to us directly:directly NATURAL PERSONS (a) status: you are not bankrupt, of unsound mind or incapable of managing your own affairs;; CORPORATE ENTITIES (b) authorisationauthorization: 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 authorizations is subject;; NATURAL PERSONS & CORPORATE ENTITIES (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; (k) no contravention: neither your execution of this Agreement nor your carrying out of the transactions this Agreement contemplates does or will: (i) contravene any law to which you or any of your property is subject or any order of any Government Agency that is binding on you or any of your property; (ii) contravene any Authorization; (iii) contravene any agreement binding on you or any of your property; or (iv) contravene your constitution or the powers or duties of your directors; (l) payment: you will pay any amount due and payable by you under this Agreement when it is due;

Appears in 1 contract

Sources: Client Agreement

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 directlythat: (a) status: all Content you are not bankrupt, of unsound mind or incapable of managing your own affairssubmit complies with the Diimex Acceptable Content Policy set out at ▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇/Content/Legal; (b) authorisation: where applicableyou have the right, you are empowered by, power and have obtained, all necessary authorities under your constitution and at law authority to enable you to: (i) properly execute grant the rights granted in 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 subjectAgreement; (c) power: you have full legal capacity not breached any applicable laws or rights of a third party in obtaining any Accepted Content, and power to enter into you have and will comply with all applicable laws in the performance of your rights and obligations under this Agreement and to carry out the transactions that it contemplatesAgreement; (d) this Agreement: this Agreement constitutes your legal, valid and binding obligations, enforceable against you in accordance with its termsthe Accepted Content does not infringe the Intellectual Property Rights or any other rights of any person; (e) consents: where applicable, you have obtained all necessary consents and have the authority Accepted Content is not the subject of any Claim or to enter into this Agreementyour knowledge any potential or pending Claim; (f) compliance with laws: you are complying with all laws to the Accepted Content is an original copyrighted work, for which you are subjectown the copyright and other Intellectual Property Rights; (g) no litigation: no litigation, arbitration, mediation, conciliation or administrative proceedings are taking place, pending, or the Accepted Content is delivered to your knowledge after due enquiry, threatened which, if adversely decided, could Diimex free from third party encumbrances and you have obtained a material adverse effect on youfull buy-out of all rights of any third party engaged by you in respect of the production of the Work; (h) solvency: you are able to pay your debts as and when they fall due and are the Work does not contain material that is obscene defamatory, racist, vulgar, hateful, pornographic or otherwise insolvent or presumed to be insolvent under any lawillegal; (i) information accurate: at all times you have not done, nor permitted to be done, and will not do or permit, any act or thing by which any of the information provided by you rights granted to us Diimex under this Agreement have been or may be in connection with this Agreement, whether in the Application Form or otherwise will be complete, true and accurate and not misleading (including by omission)any way impaired; (j) disclosure of relevant information: you will sign whatever documents and take any action reasonably requested by Diimex to give effect to this Agreement and you will do nothing which would or might prejudice Diimex’s rights under this Agreement; and (k) you have disclosed to us all the information that we require for an assessment by us of the risks that we assume by entering not entered, and will not enter, into any agreement or arrangements or understandings which may conflict with this Agreement with you;Agreement.

Appears in 1 contract

Sources: Contributor Agreement

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 trading platforms 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 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;

Appears in 1 contract

Sources: Client Agreement

Your Warranties. 9.1 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 represent to us directly:that:- (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 the power and power authority to enter into this Agreement and to carry out the transactions that it contemplatesperform fully your obligations; (db) this Agreement: this Agreement constitutes you are under no contractual or other legal obligation which will in any way interfere with 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 performance under this Agreement; (c) you shall at all times inform the Subscribers of the full charges to be levied on the Subscribers for the Content; d) you have all necessary rights to distribute, display, promote and provide the Content; e) the Content does not and will not infringe any intellectual property rights of any third party and does not and will not constitute a defamation or invasion of the rights of privacy or publicity of any third party; f) compliance with laws: you are complying have all the necessary consents, licenses and approvals from the relevant regulatory authorities, bodies and organizations which supervises any of the Content and the distribution of such Content; g) you shall comply with all laws applicable laws, regulations and directives as may be issued from time to which you are subject; time by any governmental agency (gincluding without limitation MCMC) no litigation: no litigationin the provision of the Content under this Agreement including the Communications and Multimedia Act, 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; 1998 and the Personal Data Protection Act 2010 (h) solvency: you are able to pay your debts as and when they fall due and are not otherwise insolvent or presumed it becomes enforceable) relating to be insolvent under any lawPersonal Data; (h) you shall ensure that the Content is provided according to the highest standards of professionalism and skill and otherwise in accordance with instructions, specifications, procedures, standards, guidelines, timeframe, if any, as we may issue from time to time; i) information accurate: you shall provide the Content in such a manner so not adversely affect our reputation; j) you shall maintain proper and accurate records relating to the conduct of the Content, if any, for duration required by law and shall at all times our request, copies of such records; k) the information provided by you to us in connection with this Agreement, whether in the Application Form Content is an original work and has not been copied and or otherwise will be completereproduced, true and accurate and not misleading (including by omission); (j) disclosure of relevant information: you have disclosed derived or adapted marginally, wholly or substantially from any other work or material belonging to us all the information any third party, You acknowledge that we require for an assessment by us of the risks that we assume by entering have entered into this Agreement with in reliance on your representations and warranties set out in this Clause. 9.2 You shall be responsible for the development, presentation, operations, and customer service of the Content and for notifying the Subscribers of the price for the use of the Content offered by you;.

Appears in 1 contract

Sources: General Terms and Conditions

Your Warranties. You represent, warrant and undertake to us, covenant that as at today’s date and during the time term of entering into this Agreement and each time you provide instructions through the Trading Platform or to us directlyAgreement: (a) status: you are not bankruptall information provided to Us in any documents delivered to Us is true and complete and properly reflects Your business, of unsound mind or incapable of managing your own affairsfinancial condition and principal partners, owners and officers; (b) authorisation: where applicable, you are empowered byYou have the power to enter into these Terms and Conditions, and have obtainedthey are duly authorized, 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 legalwill not violate any provisions of law, 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 or conflict with any conditions other agreement to which any of these authorisations is You are subject; (c) power: you have full legal capacity You hold all licenses, if any, required to conduct Your business and power are qualified to enter into this Agreement and do business in every jurisdiction where You are required to carry out the transactions that it contemplatesdo so; (d) there is no action, suit or proceeding at law or in equity now pending or, to Your knowledge, threatened by or against or affecting You which would substantially impair Your right or ability to carry on Your business as now conducted or adversely affect Your financial condition or operations or the entering into of 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 each Transaction presented to Us will be genuine and have will not be the authority to enter into this result of any fraudulent or prohibited Transaction or will not be presented on behalf of any business other than Yours as authorized by the Merchant Agreement; (f) compliance with laws: you are complying with all laws each Transaction presented to which you are subjectUs will be the result of a bona fide Amex Transaction for the purchase of goods or services from You by the Cardholder in the total amount stated on the electronic record; (g) no litigation: no litigation, arbitration, mediation, conciliation or administrative proceedings are taking place, pending, or You will perform all of Your obligations to your knowledge after due enquiry, threatened which, if adversely decided, could have a material adverse effect on youthe applicable Cardholder in connection with each Amex Transaction; (h) solvency: you are able You have complied (and will comply) with our procedures for accepting Amex Cards, and each Amex Transaction itself will not involve any element of credit for any purpose other than as set forth in this Agreement, and will not be subject to pay your debts as and when they fall due and are not otherwise insolvent any defense, dispute, offset or presumed to counterclaim which may be insolvent raised by any Cardholder under the Amex Rules, under any law;applicable consumer protection legislation or any other relevant provincial or federal statutes or regulations; and (i) information accurate: at all times the information provided any Credit Voucher which You issue and will issue, will represent a bona fide refund or adjustment on an Amex Card sale by you You with respect to us in connection with this Agreement, whether in the Application Form or otherwise will be complete, true and accurate and not misleading (including which a Transaction has been accepted 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;Us.

Appears in 1 contract

Sources: Merchant Agreement

Your Warranties. You represent, represent and 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 directlyMODA DAO that: (a) status: if you are not bankruptan individual, you are of unsound mind or incapable the full age of managing majority in the jurisdiction in which MODA tokens are purchased and are legally competent to enter into such a transaction, to perform all of your own affairsobligations under these Terms, and are to undertake all actions required in accordance with these Terms; (b) authorisation: where applicableif you are not an individual, you have the requisite power, authority, legal capacity and competence to purchase MODA tokens, to perform all of your obligations under these Terms, and all necessary approvals of your directors, partners, shareholders, trustees, members or otherwise with respect to such matters have been given or obtained; (c) if you are a body corporate, partnership, unincorporated association, other entity or a decentralised autonomous organisation, you are empowered byduly incorporated, formed or created and are validly subsisting under the laws of your jurisdiction of incorporation, formation or creation; (d) these Terms have been validly accepted by you, and constitute a legal, valid, binding and enforceable obligation, on you, in the jurisdiction in which you have obtainedaccepted these Terms; (e) the acceptance of these Terms and the purchasing of MODA do not, all necessary authorities under and will not, result in a violation of any law, regulation, order or ruling applicable to you, and do not, and will not, constitute a breach of, or a default under, your constitution constituent documents (if you are not an individual) or any agreement to which you are a party, or by which you are bound; (f) you confirm that you: (i) have such knowledge in financial and at law business affairs as to enable be capable of evaluating the merits and risks of your purchase of MODA tokens; (ii) are capable of assessing the proposed purchase of MODA tokens as a result of your own experience, or as a result of advice that you have received from your legal and/or financial advisor; (iii) are aware of the characteristics of MODA tokens and the risks relating to the purchase of tokens; and (iv) are able to bear the economic risk of the loss of your investment in MODA tokens, (g) you have been independently advised to consult with your own legal advisors as to: (i) properly execute this Agreement and restrictions with respect to carry out purchasing MODA tokens imposed by applicable legislation in the transactions contemplatedjurisdiction in which you reside or to which you are otherwise subject; (ii) ensure this Agreement is legalthe suitability of purchasing MODA tokens as relevant to your financial situation, valid, binding the tax consequences of purchasing and admissible in evidencedealing with MODA tokens; and (iii) enable you to properly carry on your business as it is now being conducted and you are complying with have not relied upon 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, pendingstatements made by, or purporting to your knowledge after due enquiryhave been made on behalf of, threatened whichthe Released Persons with respect to such suitability, if adversely decidedtax consequences, could have a material adverse effect on youresale restrictions and ‘hold periods’; (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;

Appears in 1 contract

Sources: Token Purchase Agreement

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;

Appears in 1 contract

Sources: Client Agreement

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 trading platforms or to us directly:: NATURAL PERSONS (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; (dc) this Agreement: this Agreement constitutes your legal, valid and binding obligations, enforceable against you in accordance with its terms; (ed) consents: where applicable, you have obtained all necessary consents and have the authority to enter into this Agreement; (fe) compliance with laws: you are complying with all laws to which you are subject; (gf) 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; (hg) 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; (ih) 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); (ji) 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; (j) no contravention: neither your execution of this Agreement nor your carrying out of the transactions this Agreement contemplates does or will: (i) contravene any law to which you or any of your property is subject or any order of any Government Agency that is binding on you or any of your property; (ii) contravene any Authorisation; (iii) contravene any agreement binding on you or any of your property; or (iv) contravene your constitution or the powers or duties of your directors;

Appears in 1 contract

Sources: Terms and Conditions