Common use of Non-advised services Clause in Contracts

Non-advised services. 7.1. Execution only We deal on an execution only basis and do not advise on the merits of particular Transactions, or their taxation consequences. 7.2. Own judgement and suitability By entering into this Agreement and accepting its terms, you declare that the information you provided in the context of the relevant client’s appropriateness questionnaire, regarding your experience and knowledge in the investment field in order for us to assess whether you are in a position to understand the risks involved in relation to investment services and financial instruments, is true and reflects your actual situation. Without prejudice to our foregoing obligations, in asking us to enter into any Transaction, you represent that you have been solely responsible for making your own independent appraisal and investigations into the risks of the relevant Transaction and that you have sufficient knowledge, market sophistication, professional advice and experience to make your own evaluation of the merits and risks of any such Transaction. In the event that you have chosen or chose to ignore any warning relating to your ability to understand the risks involved in relation to any investment service or financial instrument or Transaction, we shall bear no liability whatsoever for any loss or damage resulting therefrom. You further represent that you have read and accepted the Risk Disclosure Statement and guidelines in relation to the financial instruments and the markets which are available on our website. In addition, you represent that you will read carefully the Key Information Document that we have provided or will provide to you for each financial instruments, before conducting any transaction with respect to the relevant financial instrument. We give you no warranty as to the suitability of the products traded under this Agreement to your individual investment profile and we assume no fiduciary duty in our relations with you other than in the context of what is explicitly contained in this paragraph. Additionally, we hereby inform you that we cannot guarantee the outcome of your transactions on the products offered through this platform and, therefore, will not accept claims based on such grounds. 7.3. Incidental information and investment research Where we do provide market commentary or other factual information: (i) this is incidental to your dealing relationship with us. It is provided solely to enable you to make your own investment decisions and does not amount to advice; (ii) where information is in the form of a document containing a restriction on the person or category of persons for whom that document is intended or to whom it is distributed, you agree that you will not pass it on to any such person or category of persons; (iii) we give no representation, warranty or guarantee as to the accuracy or completeness of such information or as to the tax consequences of any Transaction; (iv) you accept that prior to dispatch, we may have acted upon it ourselves or made use of the information on which it is based. 7.4. Conflicts of interest policy Please refer to our conflicts of interest policy for further information on how we manage conflicts which would affect the impartiality of investment research we may provide to you. Upon request, we will provide you with any further details in that regard. When the measures taken by Sikhula Venture Capital (PTY) Ltd to avoid or manage situations of conflicts of interest are not sufficient to ensure, with reasonable confidence, that the risk of damage to clients’ interests will be prevented, Sikhula Venture Capital (PTY) Ltd will disclose to you the specific conflict of interest and the steps taken to mitigate the risks associated thereto, with a durable medium, before providing the service affected by the situation of conflict.

Appears in 2 contracts

Sources: Retail Client Agreement, Retail Client Agreement