Common use of Client Categorization Clause in Contracts

Client Categorization. 14.1 Following the implementation of the Markets in Financial Instruments Directive (MiFID) in the European Union revised and implemented on the 3rd January 2018 as MIFID II and in accordance with the Investment Activities, the Operation of Regulated Markets and Other Related Matters Law of 2017, Law 87(I)/2017, as subsequently amended or replaced from time to time, the Company is required to categorize its Clients into one of the following three categories: Retail, Professional or Eligible Counterparty. 14.2 Unless the Company agrees otherwise in writing, the Client shall be treated as a Retail Client in accordance with applicable legislation, as amended from time to time. 14.3 To request a change in Client Categorization, you will need to inform us in writing, notifying us about your request to be treated as a Professional Client, either generally or in respect of a particular investment service or transaction, or a type of transaction or product. Our Online Trading Facility is intended for your personal, non-commercial use only, unless we have expressly agreed otherwise beforehand and in writing. You agree to use the information from our Online Trading Facility (and/or from any other of our information systems) for the sole purpose of entering into and executing Transactions and/or Contracts through our Online Trading Platform. Unless we expressly agree otherwise beforehand and in writing, we are providing our Online Trading Facility only to Persons who are Non- Professional Users and only for the purpose of, and subject to these Terms. You represent and warrant to us of the date of acceptance of these Terms and Conditions and each time you access our Online Trading Facility that you are a Non-Professional User. You will notify us immediately in writing if you cease to be a Non-Professional User and acknowledge that as a result of doing so we may restrict, suspend and/or terminate your access to all or part of our Online Trading Facility, at our sole discretion, without being obliged to provide you with any explanation or justification. 14.4 The type of Client Categorization will determine the level of protection afforded to the Client under applicable legislation. A Retail Client is afforded with the highest regulatory protections available. The Company will notify the Client in writing to inform him/her of his/her loss of certain regulatory protection(s) prior to agreeing to Client’s re-categorization request. 14.5 The Client Categorization Policy may be reviewed, at any time, by the Company at its own discretion. The Client shall be notified in writing by the Firm in relation to the above. 14.6 A full explanation and description of procedures applied for categorization of Clients can be found in the Client Categorization Policy which is posted on the Company’s Website. 14.7 We shall treat you as a Retail Client for the purposes of the CySEC Rules and the Applicable Regulations. You have the right to request a different method of categorization as is explained under the Client Categorization Policy found on the Company’s Website. However, if you request a different categorization and the Company agrees to such categorization, you accept that the level of protection that is afforded by CySEC Regulations and other Applicable Regulations may differ. The Company cannot enter into title transfer financial collateral arrangements with Retail Clients. Remuneration practices which could provide an incentive to the Company’s staff to recommend a particular financial instrument to a Retail Client when the Company could offer a different financial instrument which would better meet that Client’s needs are also prohibited. In the case of Professional Clients and Eligible Counterparties, the Company may agree to provide more limited information as provided by Applicable Regulations. 14.8 It is understood that we have the right to review the Client’s Categorization and change your Categorization if this is deemed necessary (subject to Applicable Regulations). You accept that when categorizing you and dealing with you, the Company will rely on the accuracy, completeness and correctness of the information provided by you in your Account Opening Application Form and the Financial Suitability Questionnaire. You have the responsibility to immediately notify us in writing if such information changes at any time thereafter. 14.9 The Client Categorization Policy forms part of Company’s Terms and Conditions of Use and is incorporated therein by reference. Therefore, by agreeing to Company’s Terms and Conditions of Use, which are a contractually binding agreement between the Client and the Firm, the Client is also agreeing to the terms of the Client Categorization Policy.

Appears in 3 contracts

Sources: Terms & Conditions of Use, Terms and Conditions of Use, Terms and Conditions of Use

Client Categorization. 14.1 Following the implementation of the Markets in Financial Instruments Directive (MiFID) in the European Union revised and implemented on the 3rd January 2018 as MIFID II and in accordance with the Investment Activities, the Operation of Regulated Markets and Other Related Matters Law of 2017, Law 87(I)/2017, as subsequently amended or replaced from time to time, the Company is required to categorize its Clients into one of the following three categories: Retail, Professional or Eligible Counterparty. 14.2 Unless the Company agrees otherwise in writing, the Client shall be treated as a Retail Client in accordance with applicable legislation, as amended from time to time. 14.3 To request a change in Client Categorization, you will need to inform us in writing, notifying us about your request to be treated as a Professional Client, either generally or in respect of a particular investment service or transaction, or a type of transaction or product. Our Online Trading Facility is intended for your personal, non-commercial use only, unless we have expressly agreed otherwise beforehand and in writing. You agree to use the information from our Online Trading Facility (and/or from any other of our information systems) for the sole purpose of entering into and executing Transactions and/or Contracts through our Online Trading Platform. Unless we expressly agree otherwise beforehand and in writing, we are providing our Online Trading Facility only to Persons who are Non- Non-Professional Users and only for the purpose of, and subject to these Terms. You represent and warrant to us of the date of acceptance of these Terms and Conditions and each time you access our Online Trading Facility that you are a Non-Professional User. You will notify us immediately in writing if you cease to be a Non-Professional User and acknowledge that as a result of doing so we may restrict, suspend and/or terminate your access to all or part of our Online Trading Facility, at our sole discretion, without being obliged to provide you with any explanation or justification. 14.4 The type of Client Categorization will determine the level of protection afforded to the Client under applicable legislation. A Retail Client is afforded with the highest regulatory protections available. The Company will notify the Client in writing to inform him/her of his/her loss of certain regulatory protection(s) prior to agreeing to Client’s re-categorization request. 14.5 The Client Categorization Policy may be reviewed, at any time, by the Company at its own discretion. The Client shall be notified in writing by the Firm in relation to the above. 14.6 A full explanation and description of procedures applied for categorization of Clients can be found in the Client Categorization Policy which is posted on the Company’s Website. 14.7 We shall treat you as a Retail Client for the purposes of the CySEC Rules and the Applicable Regulationswebsite. You have the right to request a different method of categorization as is explained under the Client Categorization Policy found on the Company’s Website. However, if you request a different categorization and the Company agrees to such categorization, you accept that the level of protection that is afforded by CySEC Regulations and other Applicable Regulations may differ. The Company cannot enter into title transfer financial collateral arrangements with Retail Clients. Remuneration practices which could provide an incentive to the Company’s staff to recommend a particular financial instrument to a Retail Client when the Company could offer a different financial instrument which would better meet that Client’s needs are also prohibited. In the case of Professional Clients and Eligible Counterparties, the Company may agree to provide more limited information as provided by Applicable Regulations. 14.8 It is understood that we have the right to review the Client’s Categorization and change your Categorization if this is deemed necessary (subject to Applicable Regulations). You accept that when categorizing you and dealing with you, the Company will rely on the accuracy, completeness and correctness of the information provided by you in your Account Opening Application Form and the Financial Suitability Questionnaire. You have the responsibility to immediately notify us in writing if such information changes at any time thereafter. 14.9 The Client Categorization Policy forms part of Company’s Terms and Conditions of Use and is incorporated therein by reference. Therefore, by agreeing to Company’s Terms and Conditions of Use, which are a contractually binding agreement between the Client and the Firm, the Client is also agreeing to the terms of the Client Categorization Policy.

Appears in 2 contracts

Sources: Terms and Conditions of Use, Terms and Conditions of Use

Client Categorization. 14.1 9.1 Following the implementation of the Markets in Financial Instruments Directive (MiFID) in the European Union revised and implemented on the 3rd January 2018 as MIFID II and in accordance with the Investment Activities, the Operation of Services and Activities and Regulated Markets and Other Related Matters Law of 2017, 2007 (Law 87(I)/2017, as subsequently amended or replaced from time to time144(I)/2007) in Cyprus, the Company is required to categorize its Clients into one of the following three categories: Retail, Professional or Eligible Counterparty. 14.2 9.2 Unless the Company agrees otherwise in writing, the Client shall be treated as a Retail Client in accordance with applicable legislation, as amended from time to time. 14.3 9.3 To request a change in Client Categorization, you will need to inform us in writing, notifying us about your request to be treated as a Professional Client, either generally or in respect of a particular investment service or transaction, or a type of transaction or product. Our Online Trading Facility is intended only for your personal, non-commercial use only, unless we have expressly agreed otherwise beforehand and in writing. You agree to use the information from our Online Trading Facility (and/or from any other of our information systems) for the sole purpose of entering into and executing Transactions and/or Contracts through our Online Trading Platform. Unless we expressly agree otherwise beforehand and in writing, we are providing our Online Trading Facility only to Persons who are Non- Non-Professional Users and only for the purpose of, and subject to these Terms. You represent and warrant to us of the date of acceptance of these Terms and Conditions and each time you access our Online Trading Facility that you are a Non-Professional User. You will notify us immediately in writing if you cease to be a Non-Professional User and acknowledge that as a result of doing so we may restrict, suspend and/or terminate your access to all or part of our Online Trading Facility, at our sole discretion, without being obliged to provide you with any explanation or justification. 14.4 9.4 The type of Client Categorization will determine the level of protection afforded to the Client under applicable legislation. A Retail Client is afforded with the highest regulatory protections available. The Company will notify the Client in writing to inform him/her of his/her loss of certain regulatory protection(s) prior to agreeing to Client’s re-categorization request. 14.5 9.5 The Client Categorization Policy may be reviewed, at any time, by the Company at its own discretion. The Client shall be notified in writing by the Firm in relation to the above. 14.6 9.6 A full explanation and description of procedures applied for categorization of Clients can be found in the Client Categorization Policy which is posted on the Company’s Website. 14.7 We shall treat you as a Retail Client for the purposes of the CySEC Rules and the Applicable Regulationswebsite. You have the right to request a different method of categorization as is explained under the Client Categorization Policy found on the Company’s Website. However, if you request a different categorization and the Company agrees to such categorization, you accept that the level of protection that is afforded by CySEC Regulations and other Applicable Regulations may differ. The Company cannot enter into title transfer financial collateral arrangements with Retail Clients. Remuneration practices which could provide an incentive to the Company’s staff to recommend a particular financial instrument to a Retail Client when the Company could offer a different financial instrument which would better meet that Client’s needs are also prohibited. In the case of Professional Clients and Eligible Counterparties, the Company may agree to provide more limited information as provided by Applicable Regulations. 14.8 It is understood that we have the right to review the Client’s Categorization and change your Categorization if this is deemed necessary (subject to Applicable Regulations). You accept that when categorizing you and dealing with you, the Company will rely on the accuracy, completeness and correctness of the information provided by you in your Account Opening Application Form and the Financial Suitability Questionnaire. You have the responsibility to immediately notify us in writing if such information changes at any time thereafter. 14.9 The Client Categorization Policy forms part of Company’s Terms and Conditions of Use and is incorporated therein by reference. Therefore, by agreeing to Company’s Terms and Conditions of Use, which are a contractually binding agreement between the Client and the Firm, the Client is also agreeing to the terms of the Client Categorization Policy.

Appears in 1 contract

Sources: Terms and Conditions of Use