Common use of Our Services Clause in Contracts

Our Services. With respect to the section on Advice the clause is hereby substituted by the following: "Where we provide you with advice on an occasional basis, we will not consider whether our services are suitable for you. You are considered to have given express consent to this non-consideration after having signed the copy of our Professional Client letter. We will not consider the suitability of services provided to clients who have been classified as Market Counterparties." Module C – Our relationship with you With respect to the section on Arrangements for managing conflicts the clause is hereby substituted by the following: "In accordance with DFSA Rules and our own conflicts of interest policy, we have in place arrangements to identify and manage conflicts of interest that arise between ourselves and our clients and between our different clients. Where we consider that the arrangements under our conflicts of interest policy are not sufficient to ensure, with reasonable confidence, that risks of damage to your interests will be prevented, we will disclose such information about the conflict to you in order to allow you to make an informed decision as to whether to continue to transact business with us." With respect to the section on Disclosure to others the clause is hereby substituted by the following: "We will treat all information we hold about you as private and confidential even when you are no longer a customer. We may disclose information we hold about you to others: (i) to the extent we are required or permitted to do so by any Applicable Regulations; (ii) where there is a duty to the public to disclose: (iii) where our interests require disclosure; (iv) where it is needed by our agents or others involved in providing services to you or us; or (v) at your request or with your consent." With respect to the section on Marketing the clause is hereby substituted by the following: "Subject to information provided by you, we may analyse and use the information we hold about you to enable us to give you information (by post, telephone, email or other medium, using the contact details you have given us) about products and services offered by us (or by our Affiliated Companies or selected third parties) which we believe may be of interest to you. If you do not wish to receive marketing information, please let us know by contacting us in writing at the above address. " With respect to the section on Access to information the clause is hereby substituted by the following: "You may have a right of access to some or all of the information we hold about you, or to have inaccurate information corrected, under data protection law. If you wish to exercise either of these rights, please contact us in writing at the above address." Schedule 1 – UK Schedule 1 hereby amended by the following: The section on Information about us is replaced by the following: "We, Standard Bank of South Africa Limited (DIFC Branch), registered as a foreign company with the DIFCA are authorized and regulated by the DFSA with a licence to provide the following financial services: • Arranging Deals in Investments; • Advising on Financial Products; and • Arranging Credit and Advising on Credit. Our principal place of business and registered office is at Currency Tower, 15th Floor, Office no. 1501, DIFC, PO Box 482049, Dubai, UAE. Our DFSA reference no. is F002907." The section on Client Status is replaced by the following: "To the extent that we are providing financial services to you, we will treat you as a "Professional Client" (as defined below) for the purposes of the DFSA Rules unless you are classified as a "Market Counterparty" (as defined below). For certain categories of client, we require your consent to treat you as a Market Counterparty. For others, we may simply notify you of your status as a Market Counterparty. This will be made clear to you in the Classification Letter. As you are classified either as a Professional Client or a Market Counterparty, you will not benefit from the protections given to Retail Clients under the DFSA Rules. You must notify us immediately if, at any time, any of the matters contained in the definition of a Professional Client or a Market Counterparty become applicable or cease to apply to you. If we become aware that you no longer fulfil the conditions for treatment as a Professional Client or a Market Counterparty, we will not be able to provide financial services to you and will need to terminate our client relationship." The section on Duty and Responsibilities is deleted. The section on Change in Status is deleted. With respect to the section on Complaints procedure the clause is hereby substituted by the following: "We have internal procedures for handling complaints fairly, consistently and promptly. You may submit a complaint to us, for example by letter, telephone, e-mail or in person. We will send you a written acknowledgement of your complaint within seven days of receipt enclosing our complaints handling procedures. Please contact us if you would like further details regarding our complaints procedures." [The section on Fees and non-monetary benefits is deleted.] [The section on Charges is deleted.] With respect to the section on Transfer of information the clause is hereby substituted by the following: "You agree that we may also transfer information we hold about you to any country, including countries which the DIFC Data Protection Commissioner considers to have inadequate or non-existing data protection rules where such transfer is: (i) required by our interests or required or permitted by any Applicable Regulations or duty to the public; (ii) needed by our agents or any other parties involved in providing services to you or us;

Appears in 1 contract

Samples: Terms of Business

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Our Services. With respect As Custodian, we will keep and protect, and hold and physically segregate at all times from those of any other persons, firms or corporations, in the same manner as we keep and protect our own similar property, the securities, cash or other financial assets you deposit in your Account(s) and any dividends, interest or other distributions received on those assets or from their sale or other disposition (collectively, the “Property”). We, as Custodian, shall have no power or authority to assign, hypothecate, pledge or otherwise dispose of any such securities and investments, except pursuant to the section directive of the Corporation and only for the account of the Corporation. Upon instructions from you or your authorized agent identified below, we will buy or sell, for your Account and at your sole risk, securities or other financial instruments and any foreign currency needed to complete these transactions. We will charge transaction costs, including commissions, to your Account unless you or your authorized agent give us different instructions. We may effect orders to buy or sell securities, other financial instruments or foreign currency for your Account in any commercially reasonable manner we deem appropriate. We may select, in our sole discretion, the brokers, dealers, counterparties or other intermediaries we use, including ourselves or our affiliates. When we buy or sell foreign currency for your Account, we or an affiliate may act as principal or counterparty on Advice the clause is hereby substituted by other side of the following: "Where transaction from you. You agree that, when we or our affiliates act in such capacity, we or our affiliates are entitled to charge you the fees or other compensation we customarily receive when we engage in similar transactions with third parties. We may receive remuneration from outside parties. Upon your written request we will provide you with advice on an occasional basisinformation regarding the source and amount of any remuneration. We may decline to execute a purchase order if we are not satisfied, we in our sole judgment, that you will not consider whether our services are suitable have sufficient available funds or credit in your Account and in the required currency to pay for youthe transaction when payment is due. You are considered agree to have given express consent indemnify and hold us harmless for any losses, costs or expenses we incur if you fail to this non-consideration after having signed furnish funds when required to pay for your transactions and expenses. You understand that the copy Account statements we prepare for you will only reflect assets actually held by DBTCA or its subcustodian. Our affiliates include our parent company, Deutsche Bank AG (“Deutsche Bank”), Deutsche Bank Securities Inc. (“DBSI”), Deutsche Bank Trust Company New York (“DBTC New York”), Deutsche Fund Management (“DFM”), Deutsche Asset Management, Inc., and other subsidiaries of Deutsche Bank. Most of our Professional Client letteraffiliates are: i) not banks, ii) separately incorporated, and (iii) solely responsible for their own obligations. We do not guarantee their obligations nor does any other bank. We will not consider the suitability delegate to an affiliate that is not a bank or trust company any of services provided to clients who have been classified as Market Counterparties." Module C – Our relationship with you With respect to the section on Arrangements for managing conflicts the clause is hereby substituted by the following: "In accordance with DFSA Rules and our own conflicts of interest policyresponsibilities hereunder, we have in place arrangements to identify and manage conflicts of interest that arise between ourselves and our clients and between our different clients. Where we consider that the arrangements under our conflicts of interest policy are not sufficient to ensure, with reasonable confidence, that risks of damage to your interests will be prevented, we will disclose such information about the conflict to you in order to allow you to make an informed decision as to whether to continue to transact business with us." With respect to the section on Disclosure to others the clause is hereby substituted by the following: "We will treat all information we hold about you as private and confidential even when you are no longer a customer. We may disclose information we hold about you to others: (i) except to the extent we are required or that such delegation is permitted to do so by any Applicable Regulations; (ii) where there is a duty to the public to disclose: (iii) where our interests require disclosure; (iv) where it is needed by our agents or others involved in providing services to you or us; or (v) at your request or with your consent." With respect to the section on Marketing the clause is hereby substituted by the following: "Subject to information provided by you, we may analyse and use the information we hold about you to enable us to give you information (by post, telephone, email or other medium, using the contact details you have given us) about products and services offered by us (or by our Affiliated Companies or selected third parties) which we believe may be of interest to you. If you do not wish to receive marketing information, please let us know by contacting us in writing at the above address. " With respect to the section on Access to information the clause is hereby substituted by the following: "You may have a right of access to some or all of the information we hold about you, or to have inaccurate information corrected, under data protection law. If you wish to exercise either of these rights, please contact us in writing at the above address." Schedule 1 – UK Schedule 1 hereby amended by the following: The section on Information about us is replaced by the following: "We, Standard Bank of South Africa Limited (DIFC Branch), registered as a foreign company with the DIFCA are authorized and regulated by the DFSA with a licence to provide the following financial services: • Arranging Deals in Investments; • Advising on Financial Products; and • Arranging Credit and Advising on Credit. Our principal place of business and registered office is at Currency Tower, 15th Floor, Office no. 1501, DIFC, PO Box 482049, Dubai, UAE. Our DFSA reference no. is F002907." The section on Client Status is replaced by the following: "To the extent that we are providing financial services to you, we will treat you as a "Professional Client" (as defined below) for the purposes of the DFSA Rules unless you are classified as a "Market Counterparty" (as defined below). For certain categories of client, we require your consent to treat you as a Market Counterparty. For others, we may simply notify you of your status as a Market Counterparty. This will be made clear to you in the Classification Letter. As you are classified either as a Professional Client or a Market Counterparty, you will not benefit from the protections given to Retail Clients under the DFSA Rules. You must notify us immediately ifInvestment Company Act of 1940, at any time, any of as amended (the matters contained in the definition of a Professional Client or a Market Counterparty become applicable or cease to apply to you. If we become aware that you no longer fulfil the conditions for treatment as a Professional Client or a Market Counterparty, we will not be able to provide financial services to you and will need to terminate our client relationship“1940 Act”)." The section on Duty and Responsibilities is deleted. The section on Change in Status is deleted. With respect to the section on Complaints procedure the clause is hereby substituted by the following: "We have internal procedures for handling complaints fairly, consistently and promptly. You may submit a complaint to us, for example by letter, telephone, e-mail or in person. We will send you a written acknowledgement of your complaint within seven days of receipt enclosing our complaints handling procedures. Please contact us if you would like further details regarding our complaints procedures." [The section on Fees and non-monetary benefits is deleted.] [The section on Charges is deleted.] With respect to the section on Transfer of information the clause is hereby substituted by the following: "You agree that we may also transfer information we hold about you to any country, including countries which the DIFC Data Protection Commissioner considers to have inadequate or non-existing data protection rules where such transfer is: (i) required by our interests or required or permitted by any Applicable Regulations or duty to the public; (ii) needed by our agents or any other parties involved in providing services to you or us;

Appears in 1 contract

Samples: Iron Leaf Capital CORP

Our Services. With respect Rezi is an online plantform to assist Users in the section rental process. By using our Services you acknowledge and agree that Xxxx:  does not provide legal, financial, or other counsel services to parties in relation to a real estate rental transactions;  does not guarantee the qualifications, representations, or the ability to pay rent of potential tenants;  does not guarantee truthfulness, accuracy, existence, safety, quality, legality, fitness of a Listing; and  does not negotiate rental or sales contracts YOU ARE ADVISED TO SEEK THE HELP OF A LICENSED REAL ESTATE PROFESSIONAL AND/OR A REAL ESTATE ATTORNEY TO HELP IN THE NEGOTIATION AND COMPLETION OF ANY REAL ESTATE TRANSACTION. By using our Services, you acknowledge and agree that Xxxx:  have no control over the conduct of our users or the truth or accuracy of the information that users post on Advice the clause our through our Services;  does not endorse any persons who use or register for our Services;  does not verify any information submitted on or through our Services; and  makes no representations about Listings on or through our Services. Unless you sign a separate brokerage or agency agreement with us, no brokerage relationship or any agency or fiduciary relationship is hereby substituted by the following: "Where we provide you with advice on an occasional basis, we will not consider whether our services are suitable for you. You are considered intended to be or shall be deemed to have given express consent been created between you and Rezi. By using our Services, you acknowledge and agree that:  the acceptance of your offer by a Landlord constitutes a binding agreement to this non-consideration after having signed the copy of our Professional Client letter. We will not consider the suitability of services provided to clients who have been classified as Market Counterparties." Module C – Our relationship enter into a rental agreement with you With respect to the section on Arrangements for managing conflicts the clause is hereby substituted by the following: "In accordance with DFSA Rules such Landlord and our own conflicts of interest policy, we have in place arrangements to identify and manage conflicts of interest that arise between ourselves and our clients and between our different clients. Where we consider that the arrangements under our conflicts of interest policy are not sufficient to ensure, with reasonable confidence, that risks of damage to your interests will be prevented, we will disclose such information about the conflict to you in order to allow obligates you to make pay all associated fees and/or rents to Rezi and to such Landlord;  an informed decision as early termination of a lease agreement can result in additional penalties and additional payments;  the highest bidder to whether to continue to transact business with us." With respect to the section on Disclosure to others the clause is hereby substituted a Listing does not guarantee acceptance by the following: "We will treat all information we hold about you as private and confidential even when a Landlord;  you are no longer solely responsible for determining the reasonableness and prudence of any offer you make in light of the property and your circumstances; and  you are solely response to view, visit, and inspect the property. A binding rental agreement has serious legal and financial consequences. Xxxx strongly advise all Users to seek advice from appropriate licensed professional and exercise the upmost diligence prior to entering into a customer. We may disclose information we hold about you to others: (i) to the extent we are required or permitted to do so by any Applicable Regulations; (ii) where there is a duty to the public to disclose: (iii) where our interests require disclosure; (iv) where it is needed by our agents or others involved in providing services to you or us; or (v) at your request or with your consent." With respect to the section on Marketing the clause is hereby substituted by the following: "Subject to information provided by you, we may analyse and use the information we hold about you to enable us to give you information (by post, telephone, email or other medium, using the contact details you have given us) about products and services offered by us (or by our Affiliated Companies or selected third parties) which we believe may be of interest to yourental agreement. If you do not wish are a Landlord, by listing a property through our Services, you acknowledge and agree to receive marketing information, please let us know by contacting us in writing at enter into this exclusive binding contract with Rezi for the above address. " With respect to the section on Access to information the clause is hereby substituted by the following: "You may have a right of access to some or all lease of the information we hold about you, or to have inaccurate information corrected, under data protection law. If you wish to exercise either property for a term of these rights, please contact us in writing at the above address." Schedule 1 – UK Schedule 1 hereby amended by the following: The section on Information about us is replaced by the following: "We, Standard Bank of South Africa Limited no less than 60 days (DIFC Branch), registered as a foreign company with the DIFCA are authorized and regulated by the DFSA with a licence to provide the following financial services: • Arranging Deals in Investments; • Advising on Financial Products; and • Arranging Credit and Advising on Credit. Our principal place of business and registered office is at Currency Tower, 15th Floor, Office no. 1501, DIFC, PO Box 482049, Dubai, UAE. Our DFSA reference no. is F002907." The section on Client Status is replaced by the following: "To the extent that we are providing financial services to you, we will treat you as a "Professional Client" (as defined below) for the purposes of the DFSA Rules unless you are classified as a "Market Counterparty" (as defined below“Exclusivity”). For certain categories of client, we require your consent to treat you as a Market Counterparty. For others, we may simply notify you of your status as a Market Counterparty. This will be made clear to you in the Classification Letter. As you are classified either as a Professional Client or a Market Counterparty, You acknowledge and agree you will not benefit from  contact a prospective tenant outside of our Services;  list the protections given property through another medium, whether in print or electronic; and  complete the transaction outside of our Services. Although we may offer features, such as Morpheus, through our Services and/or through third-party service providers we engage, that are intended to Retail Clients under assist Listing Parties and potential renters to assess a property and Tenant applicant, you acknowledge, agree, represent and warrant you will not rely on these features or the DFSA Rulesresults of these features. You must notify us immediately if, at any time, any Some of the matters contained in the definition of features may provide a Professional Client rating, which may be helpful, but we cannot guarantee their accuracy or a Market Counterparty become applicable or cease to apply to yousuitable for use for your evaluation. If we become aware that you no longer fulfil the conditions for treatment as a Professional Client or a Market CounterpartyNOTHING FROM OUR SERVICES SHALL SUBSTITUTE YOUR INDEPENDENT, we will not be able to provide financial services to you and will need to terminate our client relationshipINFORMED, JUDGMENT AND DECISION. REZI SHALL NOT BE LIABLE FOR ANY CONSEQUENCE RESULTING FROM ANY DECISIONS YOU MAKE THROUGH THE USE OF OUR SERVICES. REZI STRONGLY DISCOURAGE RENTER FROM SHARING SENSITIVE PERSONAL OR FINANCIAL INFORMATION DIRECTLY WITH LANDLORD OR SENDING FUNDS TO A LANDLORD, BASED SOLELY ON ELECTRONIC SOLICITATIONS FROM SUCH PARTIES." The section on Duty and Responsibilities is deleted. The section on Change in Status is deleted. With respect to the section on Complaints procedure the clause is hereby substituted by the following: "We have internal procedures for handling complaints fairly, consistently and promptly. You may submit a complaint to us, for example by letter, telephone, e-mail or in person. We will send you a written acknowledgement of your complaint within seven days of receipt enclosing our complaints handling procedures. Please contact us if you would like further details regarding our complaints procedures." [The section on Fees and non-monetary benefits is deleted.] [The section on Charges is deleted.] With respect to the section on Transfer of information the clause is hereby substituted by the following: "You agree that we may also transfer information we hold about you to any country, including countries which the DIFC Data Protection Commissioner considers to have inadequate or non-existing data protection rules where such transfer is: (i) required by our interests or required or permitted by any Applicable Regulations or duty to the public; (ii) needed by our agents or any other parties involved in providing services to you or us;

Appears in 1 contract

Samples: cdn.rezi.co

Our Services. With respect PLEASE BE ADVISED THAT WE ARE NOT A PARTY TO ANY OTHER TRANSACTION. We do not offer or sell any products described on the Site. Instead, the Site acts as a venue to allow the section on Advice 3rd party, you, who are customers of our Site (each, a "Provider") to offer for sale and sell, in a variety of different formats, to potential consumers (each, a "Prospect", and all Prospects and Providers are collectively called the clause is hereby substituted Site's "users") who have visited one of our affiliated sites and applied to receive said products or other authorized quotations from a Provider (the "Service"). We are not involved in the actual transaction between any Prospect and any Provider even though we may, through our affiliate sites, and with each Prospect's authorization, collect certain information (collectively, a "Lead") about any Prospect and sell such Lead to a Provider. As a result, the quality, safety or legality of the products offered by any Provider for sale, the following: "Where we provide you with advice on truth or accuracy of the representations regarding such products, the ability of Providers to offer or sell such products or the ability of Prospects to pay for the products offered are solely the responsibility of each user. We are an occasional basisindependent contractor for all purposes. Importantly, we will do not consider whether our services are suitable for you. You are considered issue contracts or bind coverage to have given express consent to this non-consideration after having signed the copy of our Professional Client letteryour customers. We will not consider the suitability of services provided to clients who have been classified as Market Counterparties." Module C – Our relationship with you With respect to the section on Arrangements for managing conflicts the clause is hereby substituted by the following: "In accordance with DFSA Rules and our own conflicts of interest policy, we have in place arrangements to identify and manage conflicts of interest that arise between ourselves and our clients and between our different clients. Where we consider that the arrangements under our conflicts of interest policy are not sufficient to ensure, with reasonable confidence, that risks responsible in any way for the conduct of damage to your interests will be prevented, we will disclose such information about the conflict to you in order to allow you to make an informed decision as to whether to continue to transact business with us." With respect to the section on Disclosure to others the clause is hereby substituted by the following: "We will treat all information we hold about you as private and confidential even when you are no longer a customerany Prospect or Provider. We may disclose information do not endorse or recommend any companies or products. We do not provide insurance, tax, legal or any other financial advice. We do not guarantee that any of the Providers to whom we hold about you forward any Prospect's application will contact such Prospect or agree to others: (i) to provide the extent we are required or permitted to do so by any Applicable Regulations; (ii) where there is a duty to Prospect with the public to disclose: (iii) where our interests require disclosure; (iv) where it is needed by our agents or others involved in providing services to you or us; or (v) at your request or with your consent." With respect to the section on Marketing the clause is hereby substituted by the following: "Subject to information provided by you, we may analyse and use the information we hold about you to enable us to give you information (by post, telephone, email or other medium, using the contact details you have given us) about products and services offered by us (or by our Affiliated Companies or selected third parties) which we believe may be of interest to youdesired coverage. If you do not wish to receive marketing information, please let us know by contacting us in writing at the above address. " With respect to the section on Access to information the clause is hereby substituted by the following: "You may have are a right of access to some or all of the information we hold about you, or to have inaccurate information corrected, under data protection law. If you wish to exercise either of these rights, please contact us in writing at the above address." Schedule 1 – UK Schedule 1 hereby amended by the following: The section on Information about us is replaced by the following: "We, Standard Bank of South Africa Limited (DIFC Branch), registered as a foreign company with the DIFCA are authorized Prospect and regulated by the DFSA with a licence to provide the following financial services: • Arranging Deals in Investments; • Advising on Financial Products; and • Arranging Credit and Advising on Credit. Our principal place of business and registered office is at Currency Tower, 15th Floor, Office no. 1501, DIFC, PO Box 482049, Dubai, UAE. Our DFSA reference no. is F002907." The section on Client Status is replaced by the following: "To the extent that we are providing financial services to you, we will treat you as a "Professional Client" (as defined below) for the purposes of the DFSA Rules unless you are classified as a "Market Counterparty" (as defined below). For certain categories of client, we require your consent to treat you as a Market Counterparty. For others, we may simply notify you of your status as a Market Counterparty. This will be made clear to you in the Classification Letter. As you are classified either as a Professional Client or a Market Counterparty, you will not benefit from the protections given to Retail Clients under the DFSA Rules. You must notify us immediately if, at any time, any of the matters contained in the definition of a Professional Client or a Market Counterparty become applicable or cease to apply to you. If we become aware that you no longer fulfil the conditions for treatment as a Professional Client or a Market Counterparty, we will not be able to provide financial services to you and will need to terminate our client relationship." The section on Duty and Responsibilities is deleted. The section on Change in Status is deleted. With respect to the section on Complaints procedure the clause is hereby substituted by the following: "We have internal procedures for handling complaints fairly, consistently and promptly. You may submit a complaint to us, for example by letter, telephone, e-mail or in person. We will send you a written acknowledgement of your complaint within seven days of receipt enclosing our complaints handling procedures. Please contact us if you would like further details regarding our complaints procedurespersonal advice or specific product recommendations, please consult with a qualified professional." [The section on Fees and non-monetary benefits is deleted.] [The section on Charges is deleted.] With respect to the section on Transfer of information the clause is hereby substituted by the following: "You agree that we may also transfer information we hold about you to any country, including countries which the DIFC Data Protection Commissioner considers to have inadequate or non-existing data protection rules where such transfer is: (i) required by our interests or required or permitted by any Applicable Regulations or duty to the public; (ii) needed by our agents or any other parties involved in providing services to you or us;

Appears in 1 contract

Samples: axiomleads.com

Our Services. With respect We offer you independent financial advice based solely on the information provided by you, and as we are not tied to any one company we are therefore able to advise you on the products of different companies. All individuals employed by or contracted to Xxxxxxxx Xxxxx Financial Solutions to provide investment advice are approved by the FSA. When providing an advisory service and making detailed investment recommendations, we will confirm your investment objectives and ensure that recommendations are suitable for your individual circumstances in our suitability letter or report. CLIENT CLASSIFICATION – RETAIL CLIENT Unless you have instructed us to treat you otherwise and such instruction has been agreed by The Whitechurch Network Limited, you will be treated as a retail client and these Terms of Business will apply. Retail client classification is afforded the highest level of protection incorporating recourse to the section full Financial Ombudsman Service and the Financial Services Compensation Scheme. OUR DEALINGS WITH YOU We prefer our clients to give us instructions in writing by completing the relevant application form and signing the appropriate declaration to avoid possible disputes. We will, accept oral instructions, if they are subsequently confirmed in a letter. We, or you, may communicate via telephone, fax, e mail or letter. Any advice we give you will normally be in writing, but if given orally, will be recorded on Advice your file. When we have arranged any investments for which you have given instructions we will not give you any further advice unless you request it, but will be glad to advise you at any time you ask us to do so. You, or Xxxxxxxx Xxxxx Financial Solutions may terminate our authority to act on your behalf at any time, without penalty. Notice of any such termination must be given in writing. We act as your agent in arranging investment transactions. We never own the clause investments you buy or transact through us. All investments will be registered in the name(s) of the client(s) unless otherwise agreed in writing. We will forward to you all documents showing ownership of your investments as soon as it is hereby substituted practical after we receive them. Where a number of documents relating to a series of transactions are involved, we may retain each document until the series is completed and then forward them to you. In some cases the documentation will be sent to you direct from the provider. We may not lend to a third party the documents of title held by us or borrow any money on your behalf against the following: "security of those documents. Where we provide you with advice on a non packaged product, such as an occasional basisEnterprise Investment Scheme (EIS) or Venture Capital Trust (VCT), we you will not consider whether have post sale cancellation rights. However, you will have a period of at least 7 days from the date you sign the application to withdraw from the agreement. We offer independent advice, but occasions may arise where the Network, this company or any of its Directors or employees or one of our services other clients has some form of interest in business which we are suitable transacting for you. You are considered to have given express consent to If this non-consideration after having signed the copy happens or we become aware that our interest or those of one of our Professional Client letterother clients conflicts with your interests we will inform you, in writing and obtain consent before we carry out the instructions. We will This undertaking shall not consider the suitability apply to personal holdings in unit trusts, insurance contracts, gilts and shares of services provided to clients who have been classified as Market Counterparties." Module C – Our relationship with you With respect to the section on Arrangements for managing conflicts the clause is hereby substituted by the following: "In accordance with DFSA Rules and our own conflicts of interest policy, we publicly quoted companies. The Whitechurch Network have in place arrangements procedures to identify and manage conflicts of interest. Where conflicts of interest arise, these are managed through policies and procedures believed to be appropriate to ensure that arise between such transactions are effected on normal commercial terms negotiated at arms length and on terms which are not materially less favourable to the client than if the potential conflict had not existed; shall ensure that such transactions do not adversely affect the performance of the companys’ duties and responsibilities to the client; and shall take reasonable steps to ensure fair treatment for the client in accordance with the requirements of the FSA. We cannot accept responsibility for taxation advice. Clients must be responsible for their own taxation position and we strongly recommend that clients take advice on taxation matters from a qualified accountant. We are required to verify your identity in accordance with the Money Laundering Regulation and no application will be made until such verification has been obtained. This process involves obtaining verification of your identity using documents such as your Passport or Driving Licence and your address (e.g. utility bill, bank statement). In addition, where applicable, we reserve the right to make further enquiries into the source of your funds or wealth to ensure we meet our regulatory obligations. We may check the details you supply against those held on a number of specific databases. Online verification credit reference agencies have access to, for example information from the Electoral Register and fraud prevention agencies. Scoring methods can be used in the verification process as this gives a more thorough check of the available data. A record of this process will be kept that may be used to help other companies to verify your identity. We may also pass information to organizations involved in fraud prevention to protect ourselves and our clients customers from theft and between fraud. If you supply false or inaccurate information and we suspect fraud, we may make the appropriate search using a reputable online credit reference agency, and will keep a record of this search in line with the anti money laundering rules and the Data Protection Act 1998. By signing and returning the tear off slip you consent to us carrying out the appropriate verification checks. Depending on the level of verification generated we may need to contact you for additional information or documentation. Therefore we cannot accept responsibility in instances where investments are delayed due to these regulations. YOUR MONEY WE DO NOT HANDLE CLIENT MONIES. Cheques for premiums or investments can only be made payable to the product provider, we never accept a cheque made out to us (unless in settlement of fees for which we have sent you a bill). No premiums or investment monies of any kind should be paid or be made payable to anyone else. RECORD KEEPING We will account to you for transactions effected on your behalf either by means of a contract note, or by providing documents of title or certificates evidencing title. We will supply, on request, to you or your appointed agent, contract notes, vouchers and copies of entries in our different clients. Where we consider that the arrangements under our conflicts of interest policy are not sufficient to ensure, with reasonable confidence, that risks of damage books or computerised records relating to your transactions. We undertake to maintain such records for at least six years from the date of each transaction. We treat all client records as confidential. We will register all investments in your name unless otherwise agreed in writing. PROVISION FOR A LOCUM Should our firm have only one individual engaged in the day to day conduct of investment business, who, for any reason, was unable to conduct business, we would not want your interests to suffer. We have therefore made a formal arrangement with Xxxxxx Xxxxx of Xxxxxxxxxx Financial Services Ltd, Hartham Park, Corsham, Wiltshire, SN130RP to carry out our investment business obligations if we were unable to conduct investment business for more than 14 days. THE DATA PROTECTION ACT Information provided by you may be held, processed, disclosed and used by ourselves, professional advisers and any associated companies in servicing our relationship with you. However, strict confidentiality will be preventedmaintained at all times. It is understood that, we will disclose such information about the conflict to unless you in order to allow notify us otherwise, you to make an informed decision as to whether to continue to transact business with us." With respect agree to the section on Disclosure storage, use and disclosure of such information. This information may be disclosed to others third party product providers in the clause is hereby substituted by course of providing our analysis and servicing of our relationship with you. No information will be passed to another party without your prior consent unless we are legally obliged to do so. You also agree that for the following: "We will treat all information we hold about you as private and confidential even when you are no longer a customerpurposes described above your data may be transferred to countries outside the European Economic Area (EEA). We may disclose use and analyse your data, including the nature of your transactions, to provide you with information we hold about you to others: (i) to the extent we are required or permitted to do so by any Applicable Regulations; (ii) where there is a duty to the public to disclose: (iii) where our interests require disclosure; (iv) where it is needed by our agents or others involved in providing services to you or us; or (v) at your request or with your consent." With respect to the section on Marketing the clause is hereby substituted by the following: "Subject to information provided by you, we may analyse and use the information we hold about you to enable us to give you information (by post, telephone, email fax or other mediume mail to service and update you, using the contact details you have given us) about products and services offered as well as informing you, by us (or by our Affiliated Companies or selected third parties) which we believe may be way of interest to youan unsolicited real time financial promotion, of new investment opportunities. If you do not wish would prefer to receive marketing informationbe excluded from these services, please let write to us know by contacting us in writing at the above address. " With respect to the section on Access to information the clause is hereby substituted by the following: "You may have a right of access to some or all of the information we hold about youXxxxxxxx Xxxxx Financial Solutions, or to have inaccurate information corrected0 Xxxxxxx Xxxxx, under data protection law. If you wish to exercise either of these rightsXxxxxxxx, please contact us in writing at the above addressXxxxxxx, XX00 0XX." Schedule 1 – UK Schedule 1 hereby amended by the following: The section on Information about us is replaced by the following: "We, Standard Bank of South Africa Limited (DIFC Branch), registered as a foreign company with the DIFCA are authorized and regulated by the DFSA with a licence to provide the following financial services: • Arranging Deals in Investments; • Advising on Financial Products; and • Arranging Credit and Advising on Credit. Our principal place of business and registered office is at Currency Tower, 15th Floor, Office no. 1501, DIFC, PO Box 482049, Dubai, UAE. Our DFSA reference no. is F002907." The section on Client Status is replaced by the following: "To the extent that we are providing financial services to you, we will treat you as a "Professional Client" (as defined below) for the purposes of the DFSA Rules unless you are classified as a "Market Counterparty" (as defined below). For certain categories of client, we require your consent to treat you as a Market Counterparty. For others, we may simply notify you of your status as a Market Counterparty. This will be made clear to you in the Classification Letter. As you are classified either as a Professional Client or a Market Counterparty, you will not benefit from the protections given to Retail Clients under the DFSA Rules. You must notify us immediately if, at any time, any of the matters contained in the definition of a Professional Client or a Market Counterparty become applicable or cease to apply to you. If we become aware that you no longer fulfil the conditions for treatment as a Professional Client or a Market Counterparty, we will not be able to provide financial services to you and will need to terminate our client relationship." The section on Duty and Responsibilities is deleted. The section on Change in Status is deleted. With respect to the section on Complaints procedure the clause is hereby substituted by the following: "We have internal procedures for handling complaints fairly, consistently and promptly. You may submit a complaint to us, for example by letter, telephone, e-mail or in person. We will send you a written acknowledgement of your complaint within seven days of receipt enclosing our complaints handling procedures. Please contact us if you would like further details regarding our complaints procedures." [The section on Fees and non-monetary benefits is deleted.] [The section on Charges is deleted.] With respect to the section on Transfer of information the clause is hereby substituted by the following: "You agree that we may also transfer information we hold about you to any country, including countries which the DIFC Data Protection Commissioner considers to have inadequate or non-existing data protection rules where such transfer is: (i) required by our interests or required or permitted by any Applicable Regulations or duty to the public; (ii) needed by our agents or any other parties involved in providing services to you or us;

Appears in 1 contract

Samples: Client Agreement

Our Services. With respect Subject to these Terms and the section on Advice the clause is hereby substituted by the following: "Where acceptance of your application to open an account with us, we will maintain one or more accounts in your name and will provide you with advice on an occasional basisexecution-only dealing services in relation to leveraged Forex contracts (“FX”) and Contracts for Difference (“CFDs”) where the underlying investments or products include foreign exchange contracts, metals, equity indices and commodities. Our offering will also include any other financial products we will not consider whether may offer through the Online Facility from time to time (“Services”). Orders for execution of a Transaction, unless otherwise agreed by us, are to be given to us electronically through our services are suitable Online Facility to Buy at the quoted offer price (“long position”) or Sell at the quoted bid price (“short position”) for you. You are considered to have given express consent to this non-consideration after having signed the copy of our Professional Client letter. We will not consider the suitability of services provided to clients who have been classified as Market Counterparties." Module C – Our relationship with you With respect to the section on Arrangements for managing conflicts the clause is hereby substituted by the following: "In accordance with DFSA Rules and our own conflicts of interest policy, we have in place arrangements to identify and manage conflicts of interest that arise between ourselves and our clients and between our different clients. Where we consider that the arrangements under our conflicts of interest policy are not sufficient to ensure, with reasonable confidence, that risks of damage to your interests will be prevented, we will disclose such information about the conflict to you in order to allow you to make an informed decision as to whether to continue to transact business with us." With respect to the section on Disclosure to others the clause is hereby substituted by the following: "We will treat all information we hold about you as private and confidential even when you are no longer a customerrelevant Reference Asset. We may disclose information we hold about you to others: receive and transmit orders or deal as agent on your behalf (i) to the extent we are required or permitted to do so by any Applicable Regulations; (ii) where there is a duty to the public to disclose: (iii) where our interests require disclosure; (iv) where it is needed by our agents or others involved in providing services to you or us; or (v) at your request or with your consent." With respect to the section on Marketing the clause is hereby substituted by the following: "Subject to information provided by you, we may analyse and use the information we hold about you to enable us to give you information (by post, telephone, email or other medium, using the contact details you have given us) about products and services offered by us (or by our Affiliated Companies or selected third parties) which we believe may be of interest to you. If you do not wish to receive marketing information, please let us know by contacting us in writing at the above address. " With respect to the section on Access to information the clause is hereby substituted by the following: "You may have a right of access to some or all of the information we hold about you, or to have inaccurate information corrected, under data protection law. If you wish to exercise either of these rights, please contact us in writing at the above address." Schedule 1 – UK Schedule 1 hereby amended by the following: The section on Information about us is replaced by the following: "We, Standard Bank of South Africa Limited (DIFC Branch), registered as a foreign company with the DIFCA are authorized and regulated by the DFSA with a licence to provide the following financial services: • Arranging Deals in Investments; • Advising on Financial Products; and • Arranging Credit and Advising on Credit. Our riskless principal, matched principal place of business and registered office is at Currency Tower, 15th Floor, Office no. 1501, DIFC, PO Box 482049, Dubai, UAE. Our DFSA reference no. is F002907." The section on Client Status is replaced by the following: "To the extent that we are providing financial services to you, we will treat you as a "Professional Client" (as defined belowor otherwise) only for the purposes of the DFSA Rules execution of transactions. You acknowledge and agree that unless otherwise agreed in a formal written instrument you are classified as will not be entitled to delivery of, or be required to deliver, any Reference Asset nor will you acquire any interest in any Reference Asset. You acknowledge and agree that we have the right to close any Transaction in our sole and absolute discretion without notice. We will not provide you with (and will not be under any duty to provide) any advice on the merits of a "Market Counterparty" particular Transaction or provide you with personal recommendations (as defined below)by the CMA) in relation to any Transaction. For certain categories This means that you should make your own assessment of clientany Transaction that you are considering or of the composition of your account(s) and should not rely on any opinion, research or analysis expressed or published by us or our Group Companies as being a recommendation or advice in relation to that Transaction. You should bear in mind that merely explaining the terms of a transaction or investment or its performance characteristics does not itself amount to advice on the merits of the investment. Any legal, accounting, tax or other adviser retained by us shall be the legal, accounting, tax or other adviser to us alone. You have the sole responsibility for selecting, retaining and remunerating any legal, accounting, tax or other adviser that may advise you. We or any of our Group Companies or any legal, accounting, tax or other adviser retained by us will in no circumstances be deemed to be a provider of legal, accounting, tax or other advice to you, any Group Company of yours or any other person. Provision of the Services will not, unless specifically agreed between us in writing, give rise to any fiduciary or equitable duties on our part or that of our Group Companies. You agree that nothing contained in these Terms shall create any fiduciary, trustee, agency, joint venture or partnership relationship between us or any Group Company of ours, on the one hand, and you or any Group Company of yours on the other. Before opening an account for you, we require will need to assess, based on your consent knowledge and experience, whether the type of margined trading you wish to treat conduct is appropriate for you. We rely on you as a Market Counterpartyto provide us with the correct information of your knowledge and experience in connection with the products and services we offer, and you warrant to us that it is accurate and complete. For othersOn the basis of the information you provide, if we believe the type of margined trading you wish to conduct is not appropriate for you, we may simply will notify you via e-mail during the account opening process. Although we have an obligation to assess the appropriateness of our products and services, we have no obligation to monitor your status as a Market Counterpartymargined trades nor to advise you on the appropriateness of each individual trade you place. This will Depending on your knowledge and experience and the type of Transactions you generally place with us, some of our account types may not be made clear to you in the Classification Letter. As you are classified either as a Professional Client or a Market Counterparty, you will not benefit from the protections given to Retail Clients under the DFSA Rules. You must notify us immediately if, at any time, any of the matters contained in the definition of a Professional Client or a Market Counterparty become applicable or cease to apply available to you. If We reserve the right to close your account or convert your account into a different account type if, acting reasonably, we become aware determine that a different type of account is more appropriate for you. We also reserve the right to change the features and eligibility criteria of our accounts at any time and we will provide prior notification of such changes. You acknowledge and agree that you no longer fulfil are capable of assessing the conditions for treatment as a Professional Client merits of and understand and accept the nature and risks of transactions entered into under this Agreement. You also acknowledge and agree that you do not rely on advice from EGM (or a Market Counterparty, we will not be able to provide financial services to you and will need to terminate our client relationship." The section on Duty and Responsibilities is deleted. The section on Change its Affiliates) in Status is deleted. With respect relation to the section on Complaints procedure the clause is hereby substituted by the following: "We have internal procedures for handling complaints fairly, consistently and promptly. You may submit a complaint to us, for example by letter, telephone, e-mail or in person. We will send you a written acknowledgement merits of your complaint within seven days of receipt enclosing our complaints handling procedures. Please contact us if you would like further details regarding our complaints proceduresany such transaction." [The section on Fees and non-monetary benefits is deleted.] [The section on Charges is deleted.] With respect to the section on Transfer of information the clause is hereby substituted by the following: "You agree that we may also transfer information we hold about you to any country, including countries which the DIFC Data Protection Commissioner considers to have inadequate or non-existing data protection rules where such transfer is: (i) required by our interests or required or permitted by any Applicable Regulations or duty to the public; (ii) needed by our agents or any other parties involved in providing services to you or us;

Appears in 1 contract

Samples: Client Agreement

Our Services. With respect Subject to these Terms and the section on Advice the clause is hereby substituted by the following: "Where acceptance of your application to open an account with us, we will maintain one or more accounts in your name and will provide you with advice on an occasional basisexecution-only dealing services in relation to leveraged Forex contracts (“FX”) and Contracts for Difference (“CFDs”) where the underlying investments or products include foreign exchange contracts, metals, equity indices and commodities. Our offering will also include any other financial products we will not consider whether may offer through the Online Facility from time to time (“Services”). Orders for execution of a Transaction, unless otherwise agreed by us, are to be given to us electronically through our services are suitable Online Facility to Buy at the quoted offer price (“long position”) or Sell at the quoted bid price (“short position”) for you. You are considered to have given express consent to this non-consideration after having signed the copy of our Professional Client letter. We will not consider the suitability of services provided to clients who have been classified as Market Counterparties." Module C – Our relationship with you With respect to the section on Arrangements for managing conflicts the clause is hereby substituted by the following: "In accordance with DFSA Rules and our own conflicts of interest policy, we have in place arrangements to identify and manage conflicts of interest that arise between ourselves and our clients and between our different clients. Where we consider that the arrangements under our conflicts of interest policy are not sufficient to ensure, with reasonable confidence, that risks of damage to your interests will be prevented, we will disclose such information about the conflict to you in order to allow you to make an informed decision as to whether to continue to transact business with us." With respect to the section on Disclosure to others the clause is hereby substituted by the following: "We will treat all information we hold about you as private and confidential even when you are no longer a customerrelevant Reference Asset. We may disclose information we hold about you to others: receive and transmit orders or deal as agent on your behalf (i) to the extent we are required or permitted to do so by any Applicable Regulations; (ii) where there is a duty to the public to disclose: (iii) where our interests require disclosure; (iv) where it is needed by our agents or others involved in providing services to you or us; or (v) at your request or with your consent." With respect to the section on Marketing the clause is hereby substituted by the following: "Subject to information provided by you, we may analyse and use the information we hold about you to enable us to give you information (by post, telephone, email or other medium, using the contact details you have given us) about products and services offered by us (or by our Affiliated Companies or selected third parties) which we believe may be of interest to you. If you do not wish to receive marketing information, please let us know by contacting us in writing at the above address. " With respect to the section on Access to information the clause is hereby substituted by the following: "You may have a right of access to some or all of the information we hold about you, or to have inaccurate information corrected, under data protection law. If you wish to exercise either of these rights, please contact us in writing at the above address." Schedule 1 – UK Schedule 1 hereby amended by the following: The section on Information about us is replaced by the following: "We, Standard Bank of South Africa Limited (DIFC Branch), registered as a foreign company with the DIFCA are authorized and regulated by the DFSA with a licence to provide the following financial services: • Arranging Deals in Investments; • Advising on Financial Products; and • Arranging Credit and Advising on Credit. Our riskless principal, matched principal place of business and registered office is at Currency Tower, 15th Floor, Office no. 1501, DIFC, PO Box 482049, Dubai, UAE. Our DFSA reference no. is F002907." The section on Client Status is replaced by the following: "To the extent that we are providing financial services to you, we will treat you as a "Professional Client" (as defined belowor otherwise) only for the purposes of the DFSA Rules execution of transactions. You acknowledge and agree that unless otherwise agreed in a formal written instrument you are classified as will not be entitled to delivery of, or be required to deliver, any Reference Asset nor will you acquire any interest in any Reference Asset. You acknowledge and agree that we have the right to close any Transaction in our sole and absolute discretion without notice. We will not provide you with (and will not be under any duty to provide) any advice on the merits of a "Market Counterparty" particular Transaction or provide you with personal recommendations (as defined below)by the CMA) in relation to any Transaction. For certain categories This means that you should make your own assessment of clientany Transaction that you are considering or of the composition of your account(s) and should not rely on any opinion, research or analysis expressed or published by us or our Group Companies as being a recommendation or advice in relation to that Transaction. You should bear in mind that merely explaining the terms of a transaction or investment or its performan ce characteristics does not itself amount to advice on the merits of the investment. Any legal, accounting, tax or other adviser retained by us shall be the legal, accounting, tax or other adviser to us alone. You have the sole responsibility for selecting, retaining and remunerating any legal, accounting, tax or other adviser that may advise you. We or any of our Group Companies or any legal, accounting, tax or other adviser retained by us will in no circumstances be deemed to be a provider of legal, accounting, tax or other advice to you, any Group Company of yours or any other person. Provision of the Services will not, unless specifically agreed between us in writing, give rise to any fiduciary or equitable duties on our part or that of our Group Companies. You agree that nothing contained in these Terms shall create any fiduciary, trustee, agency, joint venture or partnership relationship between us or any Group Company of ours, on the one hand, and you or any Group Company of yours on the other. Before opening an account for you, we require will need to assess, based on your consent knowledge and experience, whether the type of margined trading you wish to treat conduct is appropriate for you. We rely on you as a Market Counterpartyto provide us with the correct information of your knowledge and experience in connection with the products and services we offer, and you warrant to us that it is accurate and complete. For othersOn the basis of the information you provide, if we believe the type of margined trading you wish to conduct is not appropriate for you, we may simply will notify you via e-mail during the account opening process. Although we have an obligation to assess the appropriateness of our products and services, we have no obligation to monitor your status as a Market Counterpartymargined trades nor to advise you on the appropriateness of each individual trade you place. This will Depending on your knowledge and experience and the type of Transactions you generally place with us, some of our account types may not be made clear to you in the Classification Letter. As you are classified either as a Professional Client or a Market Counterparty, you will not benefit from the protections given to Retail Clients under the DFSA Rules. You must notify us immediately if, at any time, any of the matters contained in the definition of a Professional Client or a Market Counterparty become applicable or cease to apply available to you. If We reserve the right to close your account or convert your account into a different account type if, acting reasonably, we become aware determine that a different type of account is more appropriate for you. We also reserve the right to change the features and eligibility criteria of our accounts at any time and we will provide prior notification of such changes. You acknowledge and agree that you no longer fulfil are capable of assessing the conditions for treatment as a Professional Client merits of and understand and accept the nature and risks of transactions entered into under this Agreement. You also acknowledge and agree that you do not rely on advice from EGM (or a Market Counterparty, we will not be able to provide financial services to you and will need to terminate our client relationship." The section on Duty and Responsibilities is deleted. The section on Change its Affiliates) in Status is deleted. With respect relation to the section on Complaints procedure the clause is hereby substituted by the following: "We have internal procedures for handling complaints fairly, consistently and promptly. You may submit a complaint to us, for example by letter, telephone, e-mail or in person. We will send you a written acknowledgement merits of your complaint within seven days of receipt enclosing our complaints handling procedures. Please contact us if you would like further details regarding our complaints proceduresany such transaction." [The section on Fees and non-monetary benefits is deleted.] [The section on Charges is deleted.] With respect to the section on Transfer of information the clause is hereby substituted by the following: "You agree that we may also transfer information we hold about you to any country, including countries which the DIFC Data Protection Commissioner considers to have inadequate or non-existing data protection rules where such transfer is: (i) required by our interests or required or permitted by any Applicable Regulations or duty to the public; (ii) needed by our agents or any other parties involved in providing services to you or us;

Appears in 1 contract

Samples: Client Agreement

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Our Services. With respect We are an independent insurance intermediary, We act as your agent for sourcing and placing insurance business and in the event of you notifying a claim to us. We will act as the insurer’s agent for the purposes of cancelling the policy, collecting or refunding premiums or as otherwise informed. If your policy a, Household, Let or Unoccupied Property policy underwritten by Canopius Managing Agents on behalf of Syndicate 4444, we have delegated underwriting authority, in these cases we are acting on behalf of the insurer as their agent. Please see section on Advice 14, Conflicts of Interests for further details. We offer products after conducting a fair analysis of the clause is hereby substituted by the following: "Where market. Sometimes we may only approach a specified number of insurers, known as a panel of insurers, or in some cases we may only approach one insurer. In any event, we will tell you as part of our process and, upon request, we will provide you with advice a list of the companies that form any panel we have approached on your behalf. In providing our Services, we will assess your demands and needs and use our reasonable skill and care in recommending an occasional basisinsurance product that meets your requirements. If you choose to proceed with our recommendations, we will place the insurance you have chosen with your chosen insurers and issue the policy documentation to you promptly. If you purchase a product via the Xxxxxxxxxx.xxx website, there will only be a limited number of insurers available. These will be listed on the website for the policy you are looking to purchase. For policies purchased via the xxxxxxxxxx.xxx website, we will not consider whether our services are suitable for you. You are considered to have given express consent to this non-consideration after having signed the copy of our Professional Client letter. We will not consider the suitability of services provided to clients who have been classified as Market Counterparties." Module C – Our relationship with you With respect to the section on Arrangements for managing conflicts the clause is hereby substituted by the following: "In accordance with DFSA Rules and our own conflicts of interest policyprovide any advice, we have in place arrangements to identify and manage conflicts of interest that arise between ourselves and our clients and between our different clients. Where we consider that the arrangements under our conflicts of interest policy are not sufficient to ensure, with reasonable confidence, that risks of damage to your interests will be prevented, but we will disclose such provide you with enough information about the conflict to you in order to allow for you to make an informed decision as to whether to continue to transact business with us." With respect to the section on Disclosure to others the clause is hereby substituted by the following: "We will treat all information we hold about you as private and confidential even when you are no longer a customer. We may disclose information we hold about you to others: (i) to the extent we are required or permitted to do so by any Applicable Regulations; (ii) where there is a duty to the public to disclose: (iii) where our interests require disclosure; (iv) where it is needed by our agents or others involved in providing services to you or us; or (v) at your request or with your consent." With respect to the section on Marketing the clause is hereby substituted by the following: "Subject to information provided by you, we may analyse and use the information we hold about you to enable us to give you information (by post, telephone, email or other medium, using the contact details you have given us) about products and services offered by us (or by our Affiliated Companies or selected third parties) which we believe may be of interest to you. If you do not wish to receive marketing information, please let us know by contacting us in writing at the above address. " With respect to the section on Access to information the clause is hereby substituted by the following: "You may have a right of access to some or all of the information we hold about you, or to have inaccurate information corrected, under data protection law. If how you wish to exercise either of these rights, please contact us in writing at the above addressproceed." Schedule 1 – UK Schedule 1 hereby amended by the following: The section on Information about us is replaced by the following: "We, Standard Bank of South Africa Limited (DIFC Branch), registered as a foreign company with the DIFCA are authorized and regulated by the DFSA with a licence to provide the following financial services: • Arranging Deals in Investments; • Advising on Financial Products; and • Arranging Credit and Advising on Credit. Our principal place of business and registered office is at Currency Tower, 15th Floor, Office no. 1501, DIFC, PO Box 482049, Dubai, UAE. Our DFSA reference no. is F002907." The section on Client Status is replaced by the following: "To the extent that we are providing financial services to you, we will treat you as a "Professional Client" (as defined below) for the purposes of the DFSA Rules unless you are classified as a "Market Counterparty" (as defined below). For certain categories of client, we require your consent to treat you as a Market Counterparty. For others, we may simply notify you of your status as a Market Counterparty. This will be made clear to you in the Classification Letter. As you are classified either as a Professional Client or a Market Counterparty, you will not benefit from the protections given to Retail Clients under the DFSA Rules. You must notify us immediately if, at any time, any of the matters contained in the definition of a Professional Client or a Market Counterparty become applicable or cease to apply to you. If we become aware that you no longer fulfil the conditions for treatment as a Professional Client or a Market Counterparty, we will not be able to provide financial services to you and will need to terminate our client relationship." The section on Duty and Responsibilities is deleted. The section on Change in Status is deleted. With respect to the section on Complaints procedure the clause is hereby substituted by the following: "We have internal procedures for handling complaints fairly, consistently and promptly. You may submit a complaint to us, for example by letter, telephone, e-mail or in person. We will send you a written acknowledgement of your complaint within seven days of receipt enclosing our complaints handling procedures. Please contact us if you would like further details regarding our complaints procedures." [The section on Fees and non-monetary benefits is deleted.] [The section on Charges is deleted.] With respect to the section on Transfer of information the clause is hereby substituted by the following: "You agree that we may also transfer information we hold about you to any country, including countries which the DIFC Data Protection Commissioner considers to have inadequate or non-existing data protection rules where such transfer is: (i) required by our interests or required or permitted by any Applicable Regulations or duty to the public; (ii) needed by our agents or any other parties involved in providing services to you or us;

Appears in 1 contract

Samples: www.sjlins.co.uk

Our Services. With respect Subject to the section on Advice the clause is hereby substituted by the following: "Where you having sufficient Available Funds, we will provide you with advice on an occasional basisthe ability to buy and sell certain types of Securities through the use of our mobile application, by transmitting your Instruction to the Third-Party Broker for execution. This means that the Third-Party Broker will handle the execution of your Instructions, selecting the suitable market venue or counterparty and how and when to do so. and we will not consider whether arrange for those Securities to be held for you by our services are suitable for you. You are considered chosen Custodians from time to have given express consent to this non-consideration after having signed the copy of our Professional Client lettertime. We will not consider also arrange for your Available Funds to be held for you by our chosen Custodians. We refer to these as the suitability of services provided to clients who have been classified as Market Counterparties." Module C – Our relationship with you With respect to the section on Arrangements for managing conflicts the clause is hereby substituted by the following: "In accordance with DFSA Rules and our own conflicts of interest policy, we have in place arrangements to identify and manage conflicts of interest “Services” that arise between ourselves and our clients and between our different clients. Where we consider that the arrangements under our conflicts of interest policy are not sufficient to ensure, with reasonable confidence, that risks of damage to your interests will be prevented, we will disclose such information about the conflict to you in order to allow you to make an informed decision as to whether to continue to transact business with us." With respect to the section on Disclosure to others the clause is hereby substituted by the following: "We will treat all information we hold about you as private and confidential even when you are no longer a customer. We may disclose information we hold about you to others: (i) to the extent we are required or permitted to do so by any Applicable Regulations; (ii) where there is a duty to the public to disclose: (iii) where our interests require disclosure; (iv) where it is needed by our agents or others involved in providing services to you or us; or (v) at your request or with your consent." With respect to the section on Marketing the clause is hereby substituted by the following: "Subject to information provided by you, we may analyse and use the information we hold about you to enable us to give you information (by post, telephone, email or other medium, using the contact details you have given us) about products and services offered by us (or by our Affiliated Companies or selected third parties) which we believe may be of interest provide to you. If you do not wish Certain shares available to receive marketing information, please let us know by contacting us trade through our Services are offered for fractional investment. Buy orders for these shares will be submitted in writing at the above address. " With respect to the section on Access to information the clause is hereby substituted by the following: "You may have a right of access to some or all terms of the information we hold about you, or to have inaccurate information corrected, under data protection law. If cash value you wish to exercise either invest. Sell orders for these shares will be submitted in terms of number of shares. The number of shares you buy or sell through this order may include a fraction of a share (following any currency conversion, including the deduction of relevant charges). Other shares available to trade through our Service are offered for whole share investment only. Any orders for these rightsshares will result in a whole shareholding only. The Services offered are the same for all of our clients. We do not offer tailor-made services to any of our clients. We do not offer any advice or provide you with any recommendations regarding the suitability or appropriateness of any particular investment. It will be your responsibility, please contact us at all times, to ensure that the Services we offer (including the functionality that we offer and the way(s) in writing at which we deliver the above address." Schedule 1 – UK Schedule 1 hereby amended by the following: The section on Information about us is replaced by the following: "We, Standard Bank of South Africa Limited (DIFC BranchServices), registered as a foreign company with including any changes to the DIFCA Services, are authorized suitable to your specific needs and regulated by the DFSA with a licence to provide the following financial services: • Arranging Deals in Investments; • Advising on Financial Products; circumstances. If our Services do not meet your needs, you should stop using our Services. We will categorise and • Arranging Credit and Advising on Credit. Our principal place of business and registered office is at Currency Tower, 15th Floor, Office no. 1501, DIFC, PO Box 482049, Dubai, UAE. Our DFSA reference no. is F002907." The section on Client Status is replaced by the following: "To the extent that we are providing financial services to you, we will treat you as a "Professional Client" (“retail client” as defined below) for by the purposes Financial Conduct Authority in the United Kingdom, without any exception. As a result, you will benefit from the regulatory protection afforded by the relevant rules. However, you should note that when providing the Services, we do not have to assess the suitability or appropriateness of the DFSA Rules unless you are classified as a "Market Counterparty" (as defined below). For certain categories of client, we require your consent to treat you as a Market Counterparty. For others, we may simply notify you of your status as a Market Counterparty. This will be made clear to you in the Classification LetterInvestment or service for you. As you are classified either as a Professional Client or a Market Counterpartyresult, you will not benefit from the protections given protection of the FCA's rules on assessing appropriateness. Although we may from time to Retail Clients under the DFSA Rulestime provide you with factual information about investments, this information is not, and should not be interpreted as, advice. You must notify us immediately if, at any time, any of are solely responsible for the matters contained decisions you make in the definition of a Professional Client or a Market Counterparty become applicable or cease relation to apply to youyour Instructions. If we become aware that you no longer fulfil the conditions are uncertain as to whether an investment is appropriate for treatment as a Professional Client your individual circumstances or a Market Counterpartyneeds, we will not be able to provide financial services to you and will need to terminate our client relationshipshould seek independent professional advice." The section on Duty and Responsibilities is deleted. The section on Change in Status is deleted. With respect to the section on Complaints procedure the clause is hereby substituted by the following: "We have internal procedures for handling complaints fairly, consistently and promptly. You may submit a complaint to us, for example by letter, telephone, e-mail or in person. We will send you a written acknowledgement of your complaint within seven days of receipt enclosing our complaints handling procedures. Please contact us if you would like further details regarding our complaints procedures." [The section on Fees and non-monetary benefits is deleted.] [The section on Charges is deleted.] With respect to the section on Transfer of information the clause is hereby substituted by the following: "You agree that we may also transfer information we hold about you to any country, including countries which the DIFC Data Protection Commissioner considers to have inadequate or non-existing data protection rules where such transfer is: (i) required by our interests or required or permitted by any Applicable Regulations or duty to the public; (ii) needed by our agents or any other parties involved in providing services to you or us;

Appears in 1 contract

Samples: Agreement

Our Services. With respect Subject to these Terms and the section on Advice the clause is hereby substituted by the following: "Where acceptance of your application to open an account with us, we will maintain one or more accounts in your name and will provide you with advice on an occasional basisexecution-only dealing services in relation to Forex contracts (“FX”) and Contracts for Difference (“CFDs”) where the underlying investments or products include foreign exchange contracts, metals, equity indices and commodities. Our offering will also include any other financial products we will not consider whether may offer through the Online Facility from time to time (“Services”). Orders for execution of a Transaction, unless otherwise agreed by us, are to be given to us electronically through our services are suitable Online Facility to buy at the quoted offer price (“long position”) or sell at the quoted bid price (“short position”) for you. You are considered to have given express consent to this non-consideration after having signed the copy of our Professional Client letter. We will not consider the suitability of services provided to clients who have been classified as Market Counterparties." Module C – Our relationship with you With respect to the section on Arrangements for managing conflicts the clause is hereby substituted by the following: "In accordance with DFSA Rules and our own conflicts of interest policy, we have in place arrangements to identify and manage conflicts of interest that arise between ourselves and our clients and between our different clients. Where we consider that the arrangements under our conflicts of interest policy are not sufficient to ensure, with reasonable confidence, that risks of damage to your interests will be prevented, we will disclose such information about the conflict to you in order to allow you to make an informed decision as to whether to continue to transact business with us." With respect to the section on Disclosure to others the clause is hereby substituted by the following: "We will treat all information we hold about you as private and confidential even when you are no longer a customerrelevant Reference Asset. We may disclose information we hold about you to others: receive and transmit orders or deal as agent on your behalf (i) to the extent we are required or permitted to do so by any Applicable Regulations; (ii) where there is a duty to the public to disclose: (iii) where our interests require disclosure; (iv) where it is needed by our agents or others involved in providing services to you or us; or (v) at your request or with your consent." With respect to the section on Marketing the clause is hereby substituted by the following: "Subject to information provided by you, we may analyse and use the information we hold about you to enable us to give you information (by post, telephone, email or other medium, using the contact details you have given us) about products and services offered by us (or by our Affiliated Companies or selected third parties) which we believe may be of interest to you. If you do not wish to receive marketing information, please let us know by contacting us in writing at the above address. " With respect to the section on Access to information the clause is hereby substituted by the following: "You may have a right of access to some or all of the information we hold about you, or to have inaccurate information corrected, under data protection law. If you wish to exercise either of these rights, please contact us in writing at the above address." Schedule 1 – UK Schedule 1 hereby amended by the following: The section on Information about us is replaced by the following: "We, Standard Bank of South Africa Limited (DIFC Branch), registered as a foreign company with the DIFCA are authorized and regulated by the DFSA with a licence to provide the following financial services: • Arranging Deals in Investments; • Advising on Financial Products; and • Arranging Credit and Advising on Credit. Our riskless principal, matched principal place of business and registered office is at Currency Tower, 15th Floor, Office no. 1501, DIFC, PO Box 482049, Dubai, UAE. Our DFSA reference no. is F002907." The section on Client Status is replaced by the following: "To the extent that we are providing financial services to you, we will treat you as a "Professional Client" (as defined belowor otherwise) only for the purposes of the DFSA Rules execution of transactions. You acknowledge and agree that unless you are classified as otherwise agreed in a "Market Counterparty" (as defined below). For certain categories of client, we require your consent to treat you as a Market Counterparty. For others, we may simply notify you of your status as a Market Counterparty. This will be made clear to you in the Classification Letter. As you are classified either as a Professional Client or a Market Counterparty, formal written instrument you will not benefit from the protections given be entitled to Retail Clients under the DFSA Rulesdelivery of, or be required to deliver, any Reference Asset nor will you acquire any interest in any Reference Asset. You must notify acknowledge and agree that we have the right to close any Transaction in our sole and absolute discretion without notice. We will not provide you with (and will not be under any duty to provide) any advice on the merits of a particular Transaction or provide you with personal recommendations in relation to any Transaction. This means that you should make your own assessment of any Transaction that you are considering or of the composition of your account(s) and should not rely on any opinion, research or analysis expressed or published by us immediately ifor our Group Companies as being a recommendation or advice in relation to that Transaction. You should bear in mind that merely explaining the terms of a transaction or investment or its performance characteristics does not itself amount to advice on the merits of the investment. Any legal, at accounting, tax or other adviser retained by us shall be the legal, accounting, tax or other adviser to us alone. You have the sole responsibility for selecting, retaining and remunerating any timelegal, accounting, tax or other adviser that may advise you. We or any of our Group Companies or any legal, accounting, tax or other adviser retained by us will in no circumstances be deemed to be a provider of legal, accounting, tax or other advice to you, any Group Company of yours or any other person. Provision of the matters Services will not, unless specifically agreed between us in writing, give rise to any fiduciary or equitable duties on our part or that of our Group Companies. You agree that nothing contained in these Terms shall create any fiduciary, trustee, agency, joint venture or partnership relationship between us or any Group Company of ours, on the definition one hand, and you or any Group Company of a Professional Client or a Market Counterparty become applicable or cease yours on the other. Before opening an account for you, we will need to apply assess, based on your knowledge and experience, whether the type of margined trading you wish to conduct is appropriate for you. We rely on you to provide us with the correct information of your knowledge and experience in connection with the products and services we offer, and you warrant to us that it is accurate and complete. On the basis of the information you provide, if we believe the type of margined trading you wish to conduct is notappropriate for you, we will notify you via e-mail during the account opening process. Although we have an obligation to assess the appropriateness of our products and services, we have no obligation to monitor your margined trades nor to advise you on the appropriateness of each individual trade you place. Depending on your knowledge and experience and the type of Transactions you generally place with us, some of our account types may not be available to you. If We reserve the right to close your account or convert your account into a different account type if, acting reasonably, we become aware determine that a different type of account is more appropriate for you. We also reserve the right to change the features and eligibility criteria of our accounts at anytime and we will provide prior notification of such changes. You acknowledge and agree that you no longer fulfil are capable of assessing the conditions for treatment as a Professional Client merits of and understand and accept the nature and risks of transactions entered into under this Agreement. You also acknowledge and agree that you do not rely on advice from Equiti Seychelles (or a Market Counterparty, we will not be able to provide financial services to you and will need to terminate our client relationship." The section on Duty and Responsibilities is deleted. The section on Change its Affiliates) in Status is deleted. With respect relation to the section on Complaints procedure the clause is hereby substituted by the following: "We have internal procedures for handling complaints fairly, consistently and promptly. You may submit a complaint to us, for example by letter, telephone, e-mail or in person. We will send you a written acknowledgement merits of your complaint within seven days of receipt enclosing our complaints handling procedures. Please contact us if you would like further details regarding our complaints proceduresany such transaction." [The section on Fees and non-monetary benefits is deleted.] [The section on Charges is deleted.] With respect to the section on Transfer of information the clause is hereby substituted by the following: "You agree that we may also transfer information we hold about you to any country, including countries which the DIFC Data Protection Commissioner considers to have inadequate or non-existing data protection rules where such transfer is: (i) required by our interests or required or permitted by any Applicable Regulations or duty to the public; (ii) needed by our agents or any other parties involved in providing services to you or us;

Appears in 1 contract

Samples: Client Agreement

Our Services. With respect to the section on Advice the clause is hereby substituted by the following: "a We offer a range of services including fully-fledged discretionary investment management. b Where we utilise particular investment strategies and products for you, these will be selected based on your personal circumstances, financial goals and objectives, we will consider several factors, including the services you need, the cost of investing, how much risk you are prepared to accept in an investment product and how much of a drop in its value you could withstand i.e., your ability to take risk. The areas we can provide expertise on include, but is not limited to, unit trusts, open-ended investment companies, investment trusts, exchange-traded funds, equities, corporate and government bonds, hedge funds, private equity, structured products and various derivatives. Whilst we focus on readily realisable assets for most of our asset selection we will advise if an asset is not readily realisable. All assets that we either include in your portfolio or advise you to purchase have been accepted by our investment committee following our internal due diligence and research process. d e Our initial meeting with advice you is free of charge and without obligation. Where we are acting as a Discretionary Investment Manager (Discretionary, Managed or Bespoke Portfolios) we will agree with you the asset allocation and specific strategy and act under the terms of that agreement. We will execute transactions without agreeing on the specific transaction with you. Where we are acting on an occasional advisory (Advised Brokerage) basis, we will not consider whether our services are suitable for you. You are considered agree all portfolio purchases and sales with you prior to have given express consent to this non-consideration after having signed the copy of our Professional Client letterexecution. We will not consider the suitability of services provided to clients who have been classified as Market Counterparties." Module C – Our relationship with you With respect to the section on Arrangements for managing conflicts the clause is hereby substituted by the following: "In accordance with DFSA Rules and our own conflicts of interest policymay, we have in place arrangements to identify and manage conflicts of interest that arise between ourselves and our clients and between our different clients. Where we consider that the arrangements under our conflicts of interest policy are not sufficient to ensure, with reasonable confidence, that risks of damage to your interests will be prevented, we will disclose such information about the conflict to you in order to allow you to make an informed decision as to whether to continue to transact business with us." With respect to the section on Disclosure to others the clause is hereby substituted by the following: "We will treat all information we hold about you as private and confidential even when you are no longer a customer. We may disclose information we hold about you to others: (i) to the extent we are required or permitted to do so by any Applicable Regulations; (ii) where there is a duty to the public to disclose: (iii) where our interests require disclosure; (iv) where it is needed by our agents or others involved in providing services to you or us; or (v) at your request or with your consent." With respect to request, advise on the section purchase of less liquid investments on Marketing an advisory basis and will inform you of the clause is hereby substituted by the following: "Subject to information provided by you, we may analyse and use the information we hold about you to enable us to give you information (by post, telephone, email or other medium, using the contact relevant details you have given us) about products and services offered by us (or by our Affiliated Companies or selected third parties) which we believe may be of interest to you. If you do not wish to receive marketing information, please let us know by contacting us in writing at the above addresspoint of advice. " With respect g Where you choose to the section on Access to information the clause is hereby substituted by the following: "You may have a right of access to some or all of the information we hold about you, or to have inaccurate information corrected, under data protection law. If you wish to exercise either of these rights, please contact your assets with us in writing at the above address." Schedule 1 – UK Schedule 1 hereby amended by the following: The section on Information about us is replaced by the following: "We, Standard Bank of South Africa Limited (DIFC Branch), registered as a foreign company with the DIFCA are authorized and regulated by the DFSA with a licence to provide the following financial services: • Arranging Deals in Investments; • Advising on Financial Products; and • Arranging Credit and Advising on Credit. Our principal place of business and registered office is at Currency Tower, 15th Floor, Office no. 1501, DIFC, PO Box 482049, Dubai, UAE. Our DFSA reference no. is F002907." The section on Client Status is replaced by the following: "To the extent that we are providing financial services to you, we will treat you as a "Professional Client" (as defined below) for the purposes of the DFSA Rules unless you are classified as a "Market Counterparty" (as defined below). For certain categories of client, we require your consent to treat you as a Market Counterparty. For others, we may simply notify you of your status as a Market Counterparty. This will be made clear to you in the Classification Letter. As you are classified either as a Professional Client or a Market Counterparty, you will not benefit from the protections given to Retail Clients under the DFSA Rules. You must notify us immediately if, at any time, any of the matters contained in the definition of a Professional Client or a Market Counterparty become applicable or cease to apply to you. If we become aware that you no longer fulfil the conditions for treatment as a Professional Client or a Market Counterpartyutilise our Execution-only service, we will not offer specific advice but will continue to assess the appropriateness of the investment you wish to execute. Accounts held on this basis will be able to provide financial services to you and will need to terminate our client relationship." The section on Duty and Responsibilities is deleted. The section on Change in Status is deleted. With respect to the section on Complaints procedure the clause is hereby substituted by the following: "We have internal procedures for handling complaints fairly, consistently and promptly. You may submit a complaint to us, for example by letter, telephone, e-mail or in personduly designated as “Execution Only”. We reserve the right to decline to act if we feel the transaction is not appropriate. h Where clients have existing assets which they wish to transfer to our Discretionary Management Service, these will send you a written acknowledgement be reviewed against our criteria to determine whether they will form part of your complaint within seven days of receipt enclosing the portfolio under our complaints handling proceduresdiscretionary management. Please contact us if you would like further details regarding our complaints procedures." [The section on Fees and non-monetary benefits Where this is deleted.] [The section on Charges is deleted.] With respect to the section on Transfer of information the clause is hereby substituted by the following: "You not possible, we will agree that we may also transfer information we hold about with you to any country, including countries which the DIFC Data Protection Commissioner considers to have inadequate or non-existing data protection rules where such transfer is: (i) required by our interests or required or permitted by any Applicable Regulations or duty to the public; (ii) needed by our agents or any other parties involved in providing services to you or us;either:

Appears in 1 contract

Samples: Agreement

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