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13. Representations and warranties

 

13. Representations and warranties

 

     13.1 You represent and warrant to us, and agree that each such representation and warranty is deemed repeated each time you give us an Instruction under the Agreement that:

 

          13.1.1 in the case of an individual or more than one individual, you are of full age and capacity;

 

          13.1.2 in the case of a corporation, it is duly constituted and incorporated and possesses the requisite power to enter into this Agreement;

 

          13.1.3 the information provided to us in your Account Opening Form and at any time thereafter is true, accurate and not misleading in all material respects, and you will notify us promptly of any changes to such information;

 

          13.1.4 you will make ongoing disclosure to us of any matters that may affect the operation of this Agreement or your capacity to remain solvent;

 

          13.1.5 you enter into the Agreement and provide Instructions as principal;

 

          13.1.6 you are duly authorised to execute and deliver the Agreement, to give each Instruction and to perform your obligations hereunder and have taken all necessary action to authorise such execution, delivery and performance;

 

          13.1.7 all Contracts made and this Agreement are and will constitute legally binding and enforceable obligations of you;

 

          13.1.8 you have obtained all authorisations and consents required by you in connection with the Agreement and giving Instructions, and such authorisations and consents are in full force and effect and all of their conditions have been complied with;

 

          13.1.9 execution, delivery and performance of the Agreement and each Instruction will not violate any Law or rule applicable to you in any jurisdiction or any agreement by which you are bound;

 

          13.1.10 unless otherwise agreed with us, you will not send Monies to your Account with us from (or request that Monies be sent from your Account to) a bank account other than that bank account identified in your Account Opening Form or on the portal;

 

          13.1.11 all funds held by you are funds that you are entitled to use and are not derived from illegal sources;

 

          13.1.12 you will not upload or transmit any virus, worms or other analogous malicious component to the Trading Platform, our Website or the software you use to access the Trading Platform or our Website;

 

          13.1.13 you will not use the Price for any purpose other than for your own trading purposes, and you agree not to redistribute the Price to any other person;

13.1.14 you will not “deep link” our Website, resell or permit access to our Website to others or copy any materials appearing on our Website for resale or for any other purpose without our prior written consent;

 

          13.1.15 you will not, either acting alone or with others, engage in conduct which results in Unacceptable Trading Circumstances.  Such activity shall be subject to our right to seek reimbursement from you and/or the voiding of all trades (and associated profits);

 

          13.1.16 you will not use any electronic device, software, algorithm, or any dealing or trading strategy that aims to manipulate or take unfair advantage of the Trading Platform, including the way in which we construct the Price; and

 

          13.1.17 you will use the services offered by us pursuant to the Agreement honestly, fairly and in good faith.

 

     13.2 If you enter into this Agreement in your capacity as trustee of a trust, you make the following representations and undertakings:

 

          13.2.1 the relevant trust instrument is valid and complies with all applicable Laws which apply to you;

 

          13.2.2 you are properly appointed as trustee of the trust;

 

          13.2.3 you have a right of indemnity from the trust assets in respect of this Agreement and the transactions contemplated by it;

 

          13.2.4 you will comply with your duties as trustee of the trust;

 

          13.2.5 if you are replaced or joined as trustee, you will make sure the new trustee becomes bound to our satisfaction by this Agreement and any other agreement relating to a transaction contemplated by this Agreement to which you are expressed to be a party, or by a document which is identical in effect;

 

          13.2.6 you will not resettle, set aside or distribute any of the assets of the trust without our written consent unless compelled to do so by the trust instrument;

 

          13.2.7 you will not amend or vary the trust instrument without our written consent; and

 

          13.2.8 if you are not the sole trustee of the trust, it is a requirement that each and every trustee agrees in writing to be bound by the terms of this Agreement and by any transactions entered into in connection with this Agreement.

 

     13.3 You represent and warrant to us that any Contracts entered into with us are wholly or predominately for business and investment purposes and not for personal, domestic or household use or consumption.

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