Miscellaneous. 其他
13.1 Counterparts 副本
13.2 Variation 变更
13.3 Waiver 弃权
13.4 Assignment 转让
Miscellaneous a. Where the Designated Account in question is a joint account, references in these Terms and Conditions to “Customer” shall be deemed to mean all and each of the joint account holders. All the Customers shall be bound by these Terms and Conditions and be jointly and severally liable for all the transactions and dealings effected by using the Services.
Miscellaneous a) Any action arising out of the Agreement between CME, CBOT, COMEX and NYMEX shall be governed and construed in accordance with the internal laws (and not the law of conflicts) of the State of Illinois. The Parties submit to the exclusive jurisdiction of the state and federal courts situated in Cook County, State of Illinois. Any action arising out of this Agreement between ICE Futures Canada, ICE Futures Europe, ICE Futures U.S and Subscriber shall be governed and construed in accordance with the internal laws (and not the law of conflicts) of the State of New York.
b) Subscriber may not assign all or any part of the Agreement without the prior written consent of the Exchanges (as applicable).
c) Subscriber may not modify or amend the terms of the Agreement.
d) In the event of any conflict between the terms and conditions of the Agreement and any other agreement relating to Subscriber’s receipt and use of Market Data, the terms and conditions of the Agreement will prevail. If, for any reason, one or more provisions of the Agreement or part thereof is held invalid, the other provisions of the Agreement, or parts thereof, shall remain in full force and effect.
(1) 阁下声明有实际权限代订阅者订立本协议；
(2) 阁下已阅读上述条款；
(3) 阁下理解上述条款；
(4) 上述条款印刷本将构成任何适用法例或规例所定「文本」；
(5) 阁下同意遵守本协议上述所有条 款；及
(6) 阁下已填写《附录：非专业人员自我证明书》以确认阁下为非专业人员。
(1) YOU REPRESENT THAT YOU HAVE ACTUAL AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF SUBSCRIBER;
(2) THAT YOU HAVE READ THE TERMS STATED ABOVE;
(3) YOU UNDERSTAND THE TERMS STATED ABOVE;
(4) A PRINTOUT OF THE TERMS STATED ABOVE WILL CONSTITUTE A "WRITING" UNDER ANY APPLICABLE LAW OR REGULATION;
(5) YOU AGREE TO ABIDE BY ALL THE TERMS OF THE AGREEMENT STATED ABOVE; AND (6) YOU HAVE DULY FILL AND SIGN THE《NON-PROFESSIONAL SELF-CERTIFICATION FORM》TO CONFIRM YOU ARE A NON=PROFESSIONAL SUBSCRIBER. 客 户 签 名 Signature 日 期 Date
Miscellaneous. 17.1 The Company shall have the right to assign, transfer or otherwise dispose of all or any of its rights, interests or obligations in or under the Agreement to any third party as it thinks fit and without having to notify the Client or obtain his/its consent. The Client shall not assign, transfer or dispose of his/its rights, interests or obligations in or under the Agreement to any third party without the prior written consent of the Company.
17.2 Time shall be of the essence in relation to all matters arising under the Agreement.
17.3 The rights, powers, remedies and privileges in the Agreement are cumulative and not exclusive of any rights, powers, remedies and privileges provided by law.
17.4 Each of the provisions in the Agreement is several and distinct from the others and if any one or more of such provisions is or becomes invalid or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
17.5 The Company may from time to time in its absolute discretion add, amend, delete or substitute any of the terms of the Cash Client Agreement, the Electronic Stock Trading Services Agreement, the Margin Client Agreement and/or other contracts (wherever applicable) by giving the Client notice of such changes which will become effective from the date specified in such notice.
17.6 If the Client is a joint account holder, his/its obligations and liabilities under the Agreement shall be joint and several and the Company may in its absolute discretion take recourse against any one or all of the joint account holders. Unless terminated in accordance with the General Terms and Conditions hereof, the death of one joint holder does not operate to terminate the Agreement. Any notice, payment or delivery by the Company to either or any one of the joint account holders shall be a full and sufficient discharge of its obligations to notify, pay or deliver under the Agreement. The Company is also authorized by the Client to accept or carry out instructions from either or any one of the joint account holders.
17.7 The Company and the Client each undertakes to notify the other in the event of any material change to the relevant information (as specified in paragraphs 6.2(a),
Miscellaneous. 13.1 本条款作为本公司与客户签订的报价单、服务报价合同、服务申请表的附件。
13.1 These Terms and Conditions are attached to the Quotation, Service Quotation Contract, Service Application Form signed by the Company and the Client.
13.2 本条款仅可由法定代表人代表本公司以书面形式进行修改，本公司或其雇员、代理商的任何其他行为均不得视为本公司接受任何其他条款。
13.2 These Terms and Conditions may only be modified by a variation expressed in writing and signed on behalf of the Company by a legal representative and no other action on the part of the Company or its employees or agents shall be construed as an acceptance of any other terms and conditions.
13.3 本条款由中文和英文两种语言书写，如中文和英文存在差异，以中文为准，英文只作为参考。
Miscellaneous. 22.1 This Agreement is written in both English and Chinese. In case of conflict or deviation in interpretation, the English version shall prevail.
22.2 If at any time any provision hereof becomes illegal, invalid or unenforceable in any respect, the remaining provisions hereof shall in no way be affected or impaired thereby.
22.3 This Agreement shall be binding on each successor, personal representative and person lawfully acting on behalf of the Cardholder.
22.4 No failure to act, omission or delay by the Company to exercise or enforce any right under any terms and conditions of this Agreement shall operate as a waiver of such right, nor shall any single, partial or defective exercise of any right prevent any other or further exercise of it or the exercise of any other right.
22.5 The Cardholder may not assign any of his/her rights and/ or obligations under this Agreement. The Company may assign or transfer any of its rights and obligations under this Agreement to any third party.
Miscellaneous. 10.1 If you breach or we have reasonable ground to believe that you have breached these Terms and Conditions, the Conditions of Issue and/or any applicable terms and conditions of any new services mentioned in Clause 9 above, we may suspend or terminate your Membership Octopus, forfeit your Benefits including Reward$ and seek to recover any damages that your breach may have caused to us, OCL and/or Our Partners.
10.2 You must not tamper with your Octopus (including, but not limited to, the software and the data recorded on the Octopus) in any way. Tampering with the data on Octopus may be a criminal offence. We shall not honour any transactions and any Benefits, including Reward$, if your Octopus has been tampered with.
10.3 We have the right to recover reasonable costs, expenses, losses and damages suffered or incurred by us (including all reasonable legal expenses) as a result of your altering or interfering, or allowing a third party to alter or interfere, with the data on your Octopus.
10.4 We may make changes to these Terms and Conditions from time to time. A copy of the latest version of these Terms and Conditions will be available on our website at xxx.xxxxxxxxxxxxxx.xxx.xx .
10.5 Save and except for the defined terms in these Terms and Conditions, all other terms shall follow the definition in the Conditions of Issue.
Miscellaneous. 13.1 The Bank may appoint any person as its agent (including any debt collection agency or solicitor) to collect any or all indebtedness owed by the Customer to the Bank and the Customer shall be responsible for all costs and expenses which may be incurred by the Bank for that purpose on each occasion.
13.2 The Bank will keep the personal date relating to the Customer and Authorised person confidential as mandates by the applicable laws or these Terms and Conditions of the Bank. The Customer and each authorised person acknowledge and agree that all personal data relating to them may be used and disclosed for such purpose and to such persons in accordance with the Bank’s general policies on use and disclosure of personal data as set out in statements, circulates notices or Terms and Conditions.
Miscellaneous. 17.1 This Agreement has been prepared in both Chinese and English versions. In case of any conflict or deviation between the two versions in terms of their interpretation, the Chinese version shall prevail.
17.2 If at any time any terms and conditions hereof becomes illegal, invalid or unenforceable, the remaining terms and conditions hereof shall in no way be affected or impaired thereby.
17.3 This Agreement shall be binding on each successor and personal representative of the Cardholder, and any person lawfully acting on behalf of the Cardholder.
17.4 No failure to act or omission or delay by the Bank to exercise or enforce any right under any terms and conditions of this Agreement shall operate as a waiver of such right, nor shall any single, partial or defective exercise of any right prevent any other or further exercise of such right or the exercise of any other right.
17.5 The Cardholder may not assign any of his rights and/or obligations under this Agreement. The Bank may assign any of its rights and obligations under this Agreement to any third party.
Miscellaneous. 19.1 The Bank may appoint any person as its agent (including any debt collection agency or solicitor) to collect any or all indebtedness owed by the Customer or, in the case of a non-personal Customer any Authorised Person (where applicable) to the Bank and the Customer and such Authorised Person shall be responsible for all costs and expenses which may be incurred by the Bank for that purpose on each occasion.
19.2 The Bank will keep the personal date relating to the Customer or in the case of a non-personal Customer, each Authorised Person confidential as mandates by the applicable laws or these Terms and Conditions or other Terms and Conditions of the Bank. The Customer or, in the case of a non-personal Customer, each Authorised Person acknowledge and agree that all personal data relating to them may be used and disclosed for such purposes and to such persons in accordance with the Bank’s general policies on use and disclosure of personal data as set out in statements, circulates notices or terms and conditions.