Common use of Mandate and Instructions Clause in Contracts

Mandate and Instructions. (a) You agree that all Instructions in relation to the matters dealt with under this Agreement and/or any Applicable Agreement may only be given by you and/or your Authorised Agent strictly in accordance with the mandate for the time being in force and all such Instructions are valid and binding on you. (b) You agree to perform and ratify any Applicable Agreement, Investment and Transaction entered into or action taken by us as a result of such Instructions. (c) Until we receive notification in writing of the revocation of the appointment of your Authorised Agent, we are authorised (but shall not be obliged) to accept Instructions from such Authorised Agent provided always that we may, in our absolute discretion, require any such Instruction to be confirmed by you prior to executing the same. (d) You authorise us to accept, without verification, any Instruction which we reasonably believe to originate from you and/or your Authorised Agent, regardless of the circumstances prevailing at the time the Instructions were given or the nature or amount of any Transaction effected pursuant thereto and notwithstanding any error, misunderstanding, error in transmission, fraud, forgery or lack of clarity in the terms of such Instructions or lack of authority in relation to the Instructions. For the avoidance of doubt, we shall be under no duty to inquire into the authenticity of any Instruction or the identity or authority of the person giving or purporting to give any Instruction and you acknowledge and agree that you are under an express duty to prevent any fraudulent, forged or unauthorised Instruction from being given to us. (e) You authorise us to accept, rely and act upon any Instruction given or purported to be given by you or your Authorised Agent: (i) orally, whether by telephone or otherwise; (ii) which may be transmitted to us by facsimile, via email, electronic platforms or other electronic means; (iii) in such manner as we may determine and/or deem fit to accept from time to time. (f) Without limitation to the generality of Clause 31, you acknowledge that you are aware of the risks involved in the use of postal services, telephone, facsimile, email, electronic platforms, SMS, electronic communication or similar means of non-electronic and electronic transmission, which may include errors in transmission, technical defect, oversight, power or system failure, fraud, forgery, misunderstanding, theft or loss of mobile or other devices, unintended disclosure, unauthorised interception, manipulation by third parties or any Event of Force Majeure. By authorising us to accept Instructions and/or effect Communications through such means, you agree that you shall bear all such risks. (g) If you or your Authorised Agent transmit to us Instructions via email, electronic platforms or other electronic means, you acknowledge and confirm that any Instruction shall not be deemed received by us until actual receipt by us and our confirmation of such receipt and you further acknowledge and accept the risks associated with the time lag between such Instruction being sent and actual receipt and confirmation by us of such receipt. (h) All Instructions must be in the English language and shall sufficiently identify the Account through which any Investment or Transaction should be undertaken. If your Instructions are given in a language other than English, we may, in our absolute discretion (but shall not be obliged to), choose to accept those Instructions but in such case, our interpretation of such Instructions shall be final and binding on you. Further, all Communications shall be in the English language. If you require the Communications to be given in a language other than English, we may, in our absolute discretion (but shall not be obliged to), choose to provide a translation of the Communication purely for informational purposes and in the event of inconsistency or different interpretation between the English language and the language other than English, the English language version will prevail. (I) Notwithstanding any provision to the contrary in this Agreement and/or any Applicable Agreement, we shall be entitled to, without notice and/or without disclosing any reason whatsoever, refuse to accept or act on any Instruction, or require you to provide to us the original Instruction in writing (where the Instruction had been transmitted to us via facsimile, email, SMS, electronic platforms or other electronic means of communications) or confirm any Instruction prior to acting on the same, including in circumstances where: (i) there is ambiguity or conflict in the Instructions given to us and/or the Instructions are not in accordance with the mandate for the time being in force and/or we have any reasonable doubt on the authenticity, clarity or completeness of the Instructions given to us; (ii) you are or appear to be unable or unwilling to provide us with such information or documents or assistance as we may reasonably require; (iii) we reasonably believe that you are not capable, whether mentally or otherwise, of managing yourself, your Accounts, Investments and Transactions; and/or (iv) the Instructions given to us are inconsistent with and/or contrary to any Applicable Law.

Appears in 8 contracts

Sources: Terms and Conditions, Terms and Conditions, Terms and Conditions

Mandate and Instructions. (a) You agree that all Instructions in relation to the matters dealt with under this Agreement and/or any Applicable Agreement may only be given by you and/or your Authorised Agent strictly in accordance with the mandate for the time being in force and all such Instructions are valid and binding on you. (b) You agree to perform and ratify any Applicable Agreement, Investment and Transaction entered into or action taken by us as a result of such Instructions. (c) Until we receive notification in writing of the revocation of the appointment of your Authorised Agent, we are authorised (but shall not be obliged) to accept Instructions from such Authorised Agent provided always that we may, in our absolute discretion, require any such Instruction to be confirmed by you prior to executing the same. (d) You authorise us to accept, without verification, any Instruction which we reasonably believe to originate from you and/or your Authorised Agent, regardless of the circumstances prevailing at the time the Instructions were given or the nature or amount of any Transaction effected pursuant thereto and notwithstanding any error, misunderstanding, error in transmission, fraud, forgery or lack of clarity in the terms of such Instructions or lack of authority in relation to the Instructions. For the avoidance of doubt, we shall be under no duty to inquire into the authenticity of any Instruction or the identity or authority of the person giving or purporting to give any Instruction and you acknowledge and agree that you are under an express duty to prevent any fraudulent, forged or unauthorised Instruction from being given to us. (e) You authorise us to accept, rely and act upon any Instruction given or purported to be given by you or your Authorised Agent: (i) orally, whether by telephone or otherwise; (ii) which may be transmitted to us by facsimile, via email, electronic platforms or other electronic meansfacsimile and containing your signature and/or that of your Authorised Agent in accordance with the mandate for the time being in force; (iii) (if authorised by you) which may be transmitted to us via email as a scanned document containing your signature and/or that of your Authorised Agent in accordance with the mandate for the time being in force; or (iv) in such manner as we may determine and/or deem fit to accept from time to time. (f) Without prejudice to the foregoing, you agree and acknowledge that we shall not be obliged to accept any Instruction given by SMS (or such other similar means of electronic communication) or to answer any query received from you through SMS (or such other similar means of electronic communication). (g) Without limitation to the generality of Clause 31, you acknowledge that you are aware of the risks involved in the use of postal services, telephone, facsimile, email, electronic platforms, SMS, electronic communication email or similar means of non-electronic and electronic transmission, which may include errors in transmission, technical defect, oversight, power or system failure, fraud, forgery, misunderstanding, theft or loss of mobile or other devices, unintended disclosure, unauthorised interception, manipulation by third parties or any Event of Force Majeure. By authorising us to accept Instructions and/or effect Communications through such means, you agree that you shall bear all such risks. (g) If you or your Authorised Agent transmit to us Instructions via email, electronic platforms or other electronic means, you acknowledge and confirm that any Instruction shall not be deemed received by us until actual receipt by us and our confirmation of such receipt and you further acknowledge and accept the risks associated with the time lag between such Instruction being sent and actual receipt and confirmation by us of such receipt. (h) All Instructions must be in the English language and shall sufficiently identify the Account through which any Investment or Transaction should be undertaken. If your Instructions are given in a language other than English, we may, in our absolute discretion (but shall not be obliged to), choose to accept those Instructions but in such case, our interpretation of such Instructions shall be final and binding on you. Further, all Communications shall be in the English language. If you require the Communications to be given in a language other than English, we may, in our absolute discretion (but shall not be obliged to), choose to provide a translation of the Communication purely for informational purposes and in the event of inconsistency or different interpretation between the English language and the language other than English, the English language version will prevail. (Ii) Notwithstanding any provision to the contrary in this Agreement and/or any Applicable Agreement, we shall be entitled to, without notice and/or without disclosing any reason whatsoever, refuse to accept or act on any Instruction, or require you to provide to us the original Instruction in writing (where the Instruction had been transmitted to us via facsimile, facsimile or email, SMS, electronic platforms or other electronic means of communications) or confirm any Instruction prior to acting on the same, including in circumstances where: (i) there is ambiguity or conflict in the Instructions given to us and/or the Instructions are not in accordance with the mandate for the time being in force and/or we have any reasonable doubt on the authenticity, clarity or completeness of the Instructions given to us; (ii) you are or appear to be unable or unwilling to provide us with such information or documents or assistance as we may reasonably require; (iii) we reasonably believe that you are not capable, whether mentally or otherwise, of managing yourself, your Accounts, Investments and Transactions; and/or (iv) the Instructions given to us are inconsistent with and/or contrary to any Applicable Law.DBS Bank Ltd

Appears in 3 contracts

Sources: Terms and Conditions, Terms and Conditions, Terms and Conditions

Mandate and Instructions. (a) You agree that all Instructions in relation to the matters dealt with under this Agreement and/or any Applicable Agreement may only be given by you and/or your Authorised Agent strictly in accordance with the mandate for the time being in force and all such Instructions are valid and binding on you. (b) You agree to perform and ratify any Applicable Agreement, Investment and Transaction entered into or action taken by us as a result of such Instructions. (c) Until we receive notification in writing of the revocation of the appointment of your Authorised Agent, we are authorised (but shall not be obliged) to accept Instructions from such Authorised Agent provided always that we may, in our absolute discretion, require any such Instruction to be confirmed by you prior to executing the same. (d) You authorise us to accept, without verification, any Instruction which we reasonably believe to originate from you and/or your Authorised Agent, regardless of the circumstances prevailing at the time the Instructions were given or the nature or amount of any Transaction effected pursuant thereto and notwithstanding any error, misunderstanding, error in transmission, fraud, forgery or lack of clarity in the terms of such Instructions or lack of authority in relation to the Instructions. For the avoidance of doubt, we shall be under no duty to inquire into the authenticity of any Instruction or the identity or authority of the person giving or purporting to give any Instruction and you acknowledge and agree that you are under an express duty to prevent any fraudulent, forged or unauthorised Instruction from being given to us. (e) You authorise us to accept, rely and act upon any Instruction given or purported to be given by you or your Authorised Agent: (i) orally, whether by telephone or otherwise; (ii) which may be transmitted to us by facsimile, via email, electronic platforms or other electronic meansfacsimile and containing your signature and/or that of your Authorised Agent in accordance with the mandate for the time being in force; (iii) (if authorised by you) which may be transmitted to us via email as a scanned document containing your signature and/or that of your Authorised Agent in accordance with the mandate for the time being in force; or (iv) in such manner as we may determine and/or deem fit to accept from time to time. (f) Without prejudice to the foregoing, you agree and acknowledge that we shall not be obliged to accept any Instruction given by SMS or to answer any query received from you through SMS. (g) Without limitation to the generality of Clause 31, you acknowledge that you are aware of the risks involved in the use of postal services, telephone, facsimile, email, electronic platforms, SMS, electronic communication email or similar means of non-electronic and electronic transmission, which may include errors in transmission, technical defect, oversight, power or system failure, fraud, forgery, misunderstanding, theft or loss of mobile or other devices, unintended disclosure, unauthorised interception, manipulation by third parties or any Event of Force Majeure. By authorising us to accept Instructions and/or effect Communications through such means, you agree that you shall bear all such risks. (g) If you or your Authorised Agent transmit to us Instructions via email, electronic platforms or other electronic means, you acknowledge and confirm that any Instruction shall not be deemed received by us until actual receipt by us and our confirmation of such receipt and you further acknowledge and accept the risks associated with the time lag between such Instruction being sent and actual receipt and confirmation by us of such receipt. (h) All Instructions must be in the English language and shall sufficiently identify the Account through which any Investment or Transaction should be undertaken. If your Instructions are given in a language other than English, we may, in our absolute discretion (but shall not be obliged to), choose to accept those Instructions but in such case, our interpretation of such Instructions shall be final and binding on you. Further, all Communications shall be in the English language. If you require the Communications to be given in a language other than English, we may, in our absolute discretion (but shall not be obliged to), choose to provide a translation of the Communication purely for informational purposes and in the event of inconsistency or different interpretation between the English language and the language other than English, the English language version will prevail. (Ii) Notwithstanding any provision to the contrary in this Agreement and/or any Applicable Agreement, we shall be entitled to, without notice and/or without disclosing any reason whatsoever, refuse to accept or act on any Instruction, or require you to provide to us the original Instruction in writing (where the Instruction had been transmitted to us via facsimile, facsimile or email, SMS, electronic platforms or other electronic means of communications) or confirm any Instruction prior to acting on the same, including in circumstances where: (i) there is ambiguity or conflict in the Instructions given to us and/or the Instructions are not in accordance with the mandate for the time being in force and/or we have any reasonable doubt on the authenticity, clarity or completeness of the Instructions given to us; (ii) you are or appear to be unable or unwilling to provide us with such information or documents or assistance as we may reasonably require; (iii) we reasonably believe that you are not capable, whether mentally or otherwise, of managing yourself, your Accounts, Investments and Transactions; and/or (iv) the Instructions given to us are inconsistent with and/or contrary to any Applicable Law. (j) All Instructions given pursuant to this Agreement and/or any Applicable Agreement may not be revoked or amended unless we agree otherwise. (k) Any standing Instruction in respect of the operation of your Accounts shall cease to have effect upon receipt by us of notice of your death, incapacity, bankruptcy, winding up or insolvency.

Appears in 3 contracts

Sources: Terms and Conditions, Terms and Conditions, Terms and Conditions

Mandate and Instructions. (a) You agree that all Instructions in relation to the matters dealt with under this Agreement and/or any Applicable Agreement may only be given by you and/or your Authorised Agent strictly in accordance with the mandate for the time being in force and all such Instructions are valid and binding on you. (b) You agree to perform and ratify any Applicable Agreement, Investment and Transaction entered into or action taken by us as a result of such Instructions. (c) Until we receive notification in writing of the revocation of the appointment of your Authorised Agent, we are authorised (but shall not be obliged) to accept Instructions from such Authorised Agent provided always that we may, in our absolute discretion, require any such Instruction to be confirmed by you prior to executing the same. (d) You authorise us to accept, without verification, any Instruction which we reasonably believe to originate from you and/or your Authorised Agent, regardless of the circumstances prevailing at the time the Instructions were given or the nature or amount of any Transaction effected pursuant thereto and notwithstanding any error, misunderstanding, error in transmission, fraud, forgery or lack of clarity in the terms of such Instructions or lack of authority in relation to the Instructions. For the avoidance of doubt, we shall be under no duty to inquire into the authenticity of any Instruction or the identity or authority of the person giving or purporting to give any Instruction and you acknowledge and agree that you are under an express duty to prevent any fraudulent, forged or unauthorised Instruction from being given to us. (e) You authorise us to accept, rely and act upon any Instruction given or purported to be given by you or your Authorised Agent: (i) orally, whether by telephone or otherwise; (ii) which may be transmitted to us by facsimile, via email, electronic platforms or other electronic means; (iii) in such manner as we may determine and/or deem fit to accept from time to time. (f) Without limitation to the generality of Clause 31, you acknowledge that you are aware of the risks involved in the use of postal services, telephone, facsimile, email, electronic platforms, SMS, electronic communication or similar means of non-electronic and electronic transmission, which may include errors in transmission, technical defect, oversight, power or system failure, fraud, forgery, misunderstanding, theft or loss of mobile or other devices, unintended disclosure, unauthorised interception, manipulation by third parties or any Event of Force Majeure. By authorising us to accept Instructions and/or effect Communications through such means, you agree that you shall bear all such risks. (g) If you or your Authorised Agent transmit to us Instructions via email, electronic platforms or other electronic means, you acknowledge and confirm that any Instruction shall not be deemed received by us until actual receipt by us and our confirmation of such receipt and you further acknowledge and accept the risks associated with the time lag between such Instruction being sent and actual receipt and confirmation by us of such receipt. (h) All Instructions must be in the English language and shall sufficiently identify the Account through which any Investment or Transaction should be undertaken. If your Instructions are given in a language other than English, we may, in our absolute discretion (but shall not be obliged to), choose to accept those Instructions but in such case, our interpretation of such Instructions shall be final and binding on you. Further, all Communications shall be in the English language. If you require the Communications to be given in a language other than English, we may, in our absolute discretion (but shall not be obliged to), choose to provide a translation of the Communication purely for informational purposes and in the event of inconsistency or different interpretation between the English language and the language other than English, the English language version will prevail. (Ih) Notwithstanding any provision to the contrary in this Agreement and/or any Applicable Agreement, we shall be entitled to, without notice and/or without disclosing any reason whatsoever, refuse to accept or act on any Instruction, or require you to provide to us the original Instruction in writing (where the Instruction had been transmitted to us via facsimile, email, SMS, electronic platforms or other electronic means of communications) or confirm any Instruction prior to acting on the same, including in circumstances where: (i) there is ambiguity or conflict in the Instructions given to us and/or the Instructions are not in accordance with the mandate for the time being in force and/or we have any reasonable doubt on the authenticity, clarity or completeness of the Instructions given to us; (ii) you are or appear to be unable or unwilling to provide us with such information or documents or assistance as we may reasonably require; (iii) we reasonably believe that you are not capable, whether mentally or otherwise, of managing yourself, your Accounts, Investments and Transactions; and/or (iv) the Instructions given to us are inconsistent with and/or contrary to any Applicable Law. (i) All Instructions given pursuant to this Agreement and/or any Applicable Agreement may not be revoked or amended unless we agree otherwise. (j) Any standing Instruction in respect of the operation of your Accounts shall cease to have effect upon receipt by us of notice of your death, incapacity, bankruptcy, winding up or insolvency.

Appears in 2 contracts

Sources: Terms and Conditions, Terms and Conditions

Mandate and Instructions. (a) You agree that all Instructions in relation to the matters dealt with under this Agreement and/or any Applicable Agreement may only be given by you and/or your Authorised Agent strictly in accordance with the mandate for the time being in force and all such Instructions are valid and binding on you. (b) You agree to perform and ratify any Applicable Agreement, Investment and Transaction entered into or action taken by us as a result of such Instructions. (c) Until we receive notification in writing of the revocation of the appointment of your Authorised Agent, we are authorised (but shall not be obliged) to accept Instructions from such Authorised Agent provided always that we may, in our absolute discretion, require any such Instruction to be confirmed by you prior to executing the same. (d) You authorise us to accept, without verification, any Instruction which we reasonably believe to originate from you and/or your Authorised Agent, regardless of the circumstances prevailing at the time the Instructions were given or the nature or amount of any Transaction effected pursuant thereto and notwithstanding any error, misunderstanding, error in transmission, fraud, forgery or lack of clarity in the terms of such Instructions or lack of authority in relation to the Instructions. For the avoidance of doubt, we shall be under no duty to inquire into the authenticity of any Instruction or the identity or authority of the person giving or purporting to give any Instruction and you acknowledge and agree that you are under an express duty to prevent any fraudulent, forged or unauthorised Instruction from being given to us. (e) You authorise us to accept, rely and act upon any Instruction given or purported to be given by you or your Authorised Agent: (i) orally, whether by telephone or otherwise; (ii) which may be transmitted to us by facsimile, via email, electronic platforms or other electronic meansfacsimile and containing your signature and/or that of your Authorised Agent in accordance with the mandate for the time being in force; (iii) (if authorised by you) which may be transmitted to us via email as a scanned document containing your signature and/or that of your Authorised Agent in accordance with the mandate for the time being in force; or (iv) in such manner as we may determine and/or deem fit to accept from time to time. (f) Without prejudice to the foregoing, you agree and acknowledge that we shall not be obliged to accept any Instruction given by SMS (or such other similar means of electronic communication) or to answer any query received from you through SMS (or such other similar means of electronic communication). (g) Without limitation to the generality of Clause 31, you acknowledge that you are aware of the risks involved in the use of postal services, telephone, facsimile, email, electronic platforms, SMS, electronic communication email or similar means of non-electronic and electronic transmission, which may include errors in transmission, technical defect, oversight, power or system failure, fraud, forgery, misunderstanding, theft or loss of mobile or other devices, unintended disclosure, unauthorised interception, manipulation by third parties or any Event of Force Majeure. By authorising us to accept Instructions and/or effect Communications through such means, you agree that you shall bear all such risks. (g) If you or your Authorised Agent transmit to us Instructions via email, electronic platforms or other electronic means, you acknowledge and confirm that any Instruction shall not be deemed received by us until actual receipt by us and our confirmation of such receipt and you further acknowledge and accept the risks associated with the time lag between such Instruction being sent and actual receipt and confirmation by us of such receipt. (h) All Instructions must be in the English language and shall sufficiently identify the Account through which any Investment or Transaction should be undertaken. If your Instructions are given in a language other than English, we may, in our absolute discretion (but shall not be obliged to), choose to accept those Instructions but in such case, our interpretation of such Instructions shall be final and binding on you. Further, all Communications shall be in the English language. If you require the Communications to be given in a language other than English, we may, in our absolute discretion (but shall not be obliged to), choose to provide a translation of the Communication purely for informational purposes and in the event of inconsistency or different interpretation between the English language and the language other than English, the English language version will prevail. (Ii) Notwithstanding any provision to the contrary in this Agreement and/or any Applicable Agreement, we shall be entitled to, without notice and/or without disclosing any reason whatsoever, refuse to accept or act on any Instruction, or require you to provide to us the original Instruction in writing (where the Instruction had been transmitted to us via facsimile, facsimile or email, SMS, electronic platforms or other electronic means of communications) or confirm any Instruction prior to acting on the same, including in circumstances where: (i) there is ambiguity or conflict in the Instructions given to us and/or the Instructions are not in accordance with the mandate for the time being in force and/or we have any reasonable doubt on the authenticity, clarity or completeness of the Instructions given to us; (ii) you are or appear to be unable or unwilling to provide us with such information or documents or assistance as we may reasonably require; (iii) we reasonably believe that you are not capable, whether mentally or otherwise, of managing yourself, your Accounts, Investments and Transactions; and/or (iv) the Instructions given to us are inconsistent with and/or contrary to any Applicable Law. (j) All Instructions given pursuant to this Agreement and/or any Applicable Agreement may not be revoked or amended unless we agree otherwise. (k) Any standing Instruction in respect of the operation of your Accounts shall cease to have effect upon receipt by us of notice of your death, incapacity, bankruptcy, winding up or insolvency.

Appears in 1 contract

Sources: Terms and Conditions

Mandate and Instructions. (a) You agree that all Instructions in relation to the matters dealt with under this Agreement and/or any Applicable Agreement may only be given by you and/or your Authorised Agent strictly in accordance with the mandate for the time being in force and all such Instructions are valid and binding on you. (b) You agree to perform and ratify any Applicable Agreement, Investment and Transaction entered into or action taken by us as a result of such Instructions. (c) Until we receive notification notification in writing of the revocation of the appointment of your Authorised Agent, we are authorised (but shall not be obliged) to accept Instructions from such Authorised Agent provided always that we may, in our absolute discretion, require any such Instruction to be confirmed confirmed by you prior to executing the same. (d) You authorise us to accept, without verificationverification, any Instruction which we reasonably believe to originate from you and/or your Authorised Agent, regardless of the circumstances prevailing at the time the Instructions were given or the nature or amount of any Transaction effected pursuant thereto and notwithstanding any error, misunderstanding, error in transmission, fraud, forgery or lack of clarity in the terms of such Instructions or lack of authority in relation to the Instructions. For the avoidance of doubt, we shall be under no duty to inquire into the authenticity of any Instruction or the identity or authority of the person giving or purporting to give any Instruction and you acknowledge and agree that you are under an express duty to prevent any fraudulent, forged or unauthorised Instruction from being given to us. (e) You authorise us to accept, rely and act upon any Instruction given or purported to be given by you or your Authorised Agent: (i) orally, whether by telephone or otherwise; (ii) which may be transmitted to us by facsimile, via email, electronic platforms or other electronic meansfacsimile and containing your signature and/or that of your Authorised Agent in accordance with the mandate for the time being in force; (iii) (if authorised by you) which may be transmitted to us via email as a scanned document containing your signature and/or that of your Authorised Agent in accordance with the mandate for the time being in force; or (iv) in such manner as we may determine and/or deem fit fit to accept from time to time. (f) Without prejudice to the foregoing, you agree and acknowledge that we shall not be obliged to accept any Instruction given by SMS or to answer any query received from you through SMS. (g) Without limitation to the generality of Clause 31, you acknowledge that you are aware of the risks involved in the use of postal services, telephone, facsimile, email, electronic platforms, SMS, electronic communication email or similar means of non-electronic and electronic transmission, which may include errors in transmission, technical defect, oversight, power or system failure, fraud, forgery, misunderstanding, theft or loss of mobile or other devices, unintended disclosure, unauthorised interception, manipulation by third parties or any Event of Force Majeure. By authorising us to accept Instructions and/or effect Communications through such means, you agree that you shall bear all such risks. (g) If you or your Authorised Agent transmit to us Instructions via email, electronic platforms or other electronic means, you acknowledge and confirm that any Instruction shall not be deemed received by us until actual receipt by us and our confirmation of such receipt and you further acknowledge and accept the risks associated with the time lag between such Instruction being sent and actual receipt and confirmation by us of such receipt. (h) All Instructions must be in the English language and shall sufficiently sufficiently identify the Account through which any Investment or Transaction should be undertaken. If your Instructions are given in a language other than English, we may, in our absolute discretion (but shall not be obliged to), choose to accept those Instructions but in such case, our interpretation of such Instructions shall be final final and binding on you. Further, all Communications shall be in the English language. If you require the Communications to be given in a language other than English, we may, in our absolute discretion (but shall not be obliged to), choose to provide a translation of the Communication purely for informational purposes and in the event of inconsistency or different interpretation between the English language and the language other than English, the English language version will prevail. (Ii) Notwithstanding any provision to the contrary in this Agreement and/or any Applicable Agreement, we shall be entitled to, without notice and/or without disclosing any reason whatsoever, refuse to accept or act on any Instruction, or require you to provide to us the original Instruction in writing (where the Instruction had been transmitted to us via facsimile, facsimile or email, SMS, electronic platforms or other electronic means of communications) or confirm confirm any Instruction prior to acting on the same, including in circumstances where: (i) there is ambiguity or conflict conflict in the Instructions given to us and/or the Instructions are not in accordance with the mandate for the time being in force and/or we have any reasonable doubt on the authenticity, clarity or completeness of the Instructions given to us; (ii) you are or appear to be unable or unwilling to provide us with such information or documents or assistance as we may reasonably require; (iii) we reasonably believe that you are not capable, whether mentally or otherwise, of managing yourself, your Accounts, Investments and Transactions; and/or (iv) the Instructions given to us are inconsistent with and/or contrary to any Applicable Law. (j) All Instructions given pursuant to this Agreement and/or any Applicable Agreement may not be revoked or amended unless we agree otherwise. (k) Any standing Instruction in respect of the operation of your Accounts shall cease to have effect upon receipt by us of notice of your death, incapacity, bankruptcy, winding up or insolvency.

Appears in 1 contract

Sources: Terms and Conditions