Common use of Opening an Account Clause in Contracts

Opening an Account. 5.1. An Account must be opened prior to entering into any CFD Transactions. No Orders can be placed until an Account has been opened and clear funds received. 5.2. In order to open an Account, you must complete the Application Form. You must complete all mandatory sections and any information provided by you in the Application Form must be true and correct. Any incorrect or unclear information may result in either outright rejection or, at the very least, a delay in the opening of your Account. You may also undertake a client suitability assessment or such other assessments as prescribed by us from time to time, and we reserve the right to reject your application, or impose such other conditions for the opening of an Account in our sole and absolute discretion. 5.3. By submitting the Application Form, you are authorising TD365 to make such searches and enquiries about you as it sees fit to verify the information that you have supplied, to manage credit risk and to prevent fraud (or other criminal activity). 5.4. TD365 may make periodic checks of your details to verify that the details supplied by you have not changed. However, you must immediately notify TD365 in writing as to any material change in your financial circumstances or any change to the information you have previously supplied to us (including, without limitation, change of employment, address, contact details and email). In our absolute discretion, we may accept such notification over the telephone or by email. You are responsible and liable for any losses that may be incurred by misdirection of communications to you due to incorrect or out of date contact details supplied by you or your failure to notify us of any changes to your contact details. 5.5. TD365 may accept or reject an Application Form in its sole and absolute discretion. 5.6. TD365 will not be liable in any way to you for any loss you suffer from dealing with us, if it is discovered that: a. the information you have supplied to us in the Application Form or otherwise is in any way incorrect or incomplete; or b. your experience, knowledge and understanding was in fact contrary to the information supplied in the Application Form and that you do not in fact have the necessary experience, knowledge or understanding to enter into CFD Transactions. 5.7. When we open an Account, we will provide you with a user name, account number and password for that Account. 5.8. Your Account will be denominated in Australian Dollars or in the currency requested by you when applying for this account provided that this is acceptable to TD365 ("Base Currency"). If any Realised Profit, Realised Loss, Commission, Overnight Financing or other charges are to be credited or debited to your Account in a currency other than your Base Currency, we will automatically convert such amounts in accordance with clause 22.1. 5.9. You authorise TD365 to telephone or otherwise contact you at any time whatsoever in order to discuss any aspect of your Account. 5.10. As part of our client due diligence on opening your Account we shall undertake a Know Your Customer evaluation (“KYC”). You consent to us processing your personal data as submitted on your Application Form either electronically or on paper to third party agencies. 5.11. From time to time we may conduct checks as to your continuing appropriateness and soundness with regards to your trading activities and CFD Transactions. If we believe that your activities are disproportionate, misleading or false relative to the information that you have provided us in your original assessment questions, you agree that we may be entitled to ask further questions or take other action on your Account. 5.12. After opening your Account, and from time to time during the lifetime of your Account, we may ask for a further proof of address, identity, or proof of country of residence from you.

Appears in 2 contracts

Sources: Client Agreement, Client Agreement

Opening an Account. 5.1. An Account must be opened prior to entering into any CFD Transactions. No Orders can be placed until an Account has been opened and clear funds received. 5.2. In order to open an Account, you must complete the Application Form. You must complete all mandatory sections and any information provided by you in the Application Form must be true and correct. Any incorrect or unclear information may result in either outright rejection or, at the very least, a delay in the opening of your Account. You may also undertake a client suitability assessment or such other assessments as prescribed by us from time to time, and we reserve the right to reject your application, or impose such other conditions for the opening of an Account in our sole and absolute discretion. 5.3. By submitting the Application Form, you are authorising TD365 to make such searches and enquiries about you as it sees fit to verify the information that you have supplied, to manage credit risk and to prevent fraud (or other criminal activity). 5.4. TD365 may make periodic checks of your details to verify that the details supplied by you have not changed. However, you must immediately notify TD365 in writing as to any material change in your financial circumstances or any change to the information you have previously supplied to us (including, without limitation, change of employment, address, contact details and email). In our absolute discretion, we may accept such notification over the telephone or by email. You are responsible and liable for any losses that may be incurred by misdirection of communications to you due to incorrect or out of date contact details supplied by you or your failure to notify us of any changes to your contact details. 5.5. TD365 may accept or reject an Application Form in its sole and absolute discretion. 5.6. TD365 will not be liable in any way to you for any loss you suffer from dealing with us, if it is discovered that: a. the information you have supplied to us in the Application Form or otherwise is in any way incorrect or incomplete; or b. your experience, knowledge and understanding was in fact contrary to the information supplied in the Application Form and that you do not in fact have the necessary experience, knowledge or understanding to enter into CFD Transactions. 5.7. When we open an Account, we will provide you with a user name, account number and password for that Account. 5.8. Your Account will be denominated in Australian Dollars or in the currency requested by you when applying for this account provided that this is acceptable to TD365 ▇▇▇▇▇ ("Base ▇▇▇▇ Currency"). If any Realised Profit, Realised Loss, Commission, Overnight Financing or other charges are to be credited or debited to your Account in a currency other than your Base Currency, we will automatically convert such amounts in accordance with clause 22.1. 5.9. You authorise TD365 to telephone or otherwise contact you at any time whatsoever in order to discuss any aspect of your Account. 5.10. As part of our client due diligence on opening your Account we shall undertake a Know Your Customer evaluation (“KYC”). You consent to us processing your personal data as submitted on your Application Form either electronically or on paper to third party agencies. 5.11. From time to time we may conduct checks as to your continuing appropriateness and soundness with regards to your trading activities and CFD Transactions. If we believe that your activities are disproportionate, misleading or false relative to the information that you have provided us in your original assessment questions, you agree that we may be entitled to ask further questions or take other action on your Account. 5.12. After opening your Account, and from time to time during the lifetime of your Account, we may ask for a further proof of address, identity, or proof of country of residence from you.

Appears in 2 contracts

Sources: Client Agreement, Client Agreement

Opening an Account. 5.16.1. An Following receipt of your ‘Account must be opened prior Opening Application Form’, we will use the information you have provided us with to conduct further enquiries about you as we may deem necessary or appropriate in the circumstances in order for us to fulfil our legal obligations; we will further use the information you provide us with to assess and determine the appropriateness of you entering into a business relationship with us. 6.2. This includes, but it is not limited to, verifying your identity information, obtaining references from third party database list, other financial institutions or your employer. In some instances, either on a sample basis or because we have reason to believe that further searches are necessary, in order for us to satisfy any CFD Transactionslegal or regulatory requirement, we will conduct other searches with third-party information providers and databases (public or otherwise), including credit searches that appear on your credit history. 6.3. No Orders You understand that such enquiries can be placed until an Account has been opened conducted at any stage of the relationship, and clear funds receivedwe expect you to assist us with any additional information, as failure to do so would lead to termination of the relationship between you and us in accordance with the terms of the Agreement. 5.26.4. In order You are responsible for providing us with correct and accurate information at all times and we can rely on the information you have provided us with, both during on-boarding in the ‘Account Opening Application Form’ as well as throughout our relationship, unless we have reason to open an Accountbelieve that the information you have provided us with is inaccurate. If any of the information you have provided us with changes, you must complete need to notify us in writing. 6.5. Based on the Application Form. You must complete all mandatory sections and any information provided by you, and in accordance with the applicable rules, we will assess whether you in have sufficient knowledge and/or experience to understand the Application Form must be true and correctrisks associated with trading Leveraged Products. Any incorrect or unclear information may result in either outright rejection or, at the very least, a delay in the opening The acceptance of your Account. You may also undertake a client suitability account will be subject to the outcome of this assessment or such other assessments as prescribed by us from time to time, and we reserve the right to reject your applicationrefuse to provide any of our services to any person, or impose such other conditions for the opening of an Account who, in our sole and absolute discretionreasonable opinion, is not suitable to receive such services. 5.3. By submitting the Application Form, you are authorising TD365 to make such searches and enquiries about you as it sees fit to verify the information that you have supplied, to manage credit risk and to prevent fraud (or other criminal activity). 5.4. TD365 may make periodic checks of your details to verify that the details supplied by you have not changed. However, you must immediately notify TD365 in writing as to any material change in your financial circumstances or any change to the information you have previously supplied to us (including, without limitation, change of employment, address, contact details and email). In our absolute discretion, we may accept such notification over the telephone or by email. You are responsible and liable for any losses that may be incurred by misdirection of communications to you due to incorrect or out of date contact details supplied by you or your failure to notify us of any changes to your contact details. 5.5. TD365 may accept or reject an Application Form in its sole and absolute discretion. 5.6. TD365 will not be liable in any way to you for any loss you suffer from dealing with us, if it is discovered that: a. the information you have supplied to us in the Application Form or otherwise is in any way incorrect or incomplete; or b. your experience, knowledge and understanding was in fact contrary to the information supplied in the Application Form and that you do not in fact have the necessary experience, knowledge or understanding to enter into CFD Transactions. 5.76.6. When we receive your application to open an Accountaccount, we will confirm this to you by e-mail and we will provide you with a user namedetails to access your account, specifically your account number and password for that Account. 5.8. Your Account will be denominated in Australian Dollars or in (the currency requested by you when applying for this account provided that this is acceptable to TD365 ("Base Currency"‘Access Codes’). If any Realised Profit, Realised Loss, Commission, Overnight Financing or other charges We will review your application and only if we are to be credited or debited to your Account in a currency other than your Base Currencysatisfied with the information/ documentation received, we will automatically convert such amounts in accordance with clause 22.1accept you as a Client and therefore activate/verify your account. 5.9. You authorise TD365 to telephone or otherwise contact you at any time whatsoever in order to discuss any aspect of your Account. 5.10. As part of our client due diligence on opening your Account we shall undertake a Know Your Customer evaluation (“KYC”). You consent to us processing your personal data as submitted on your Application Form either electronically or on paper to third party agencies. 5.11. From time to time we may conduct checks as to your continuing appropriateness and soundness with regards to your trading activities and CFD Transactions. If we believe that your activities are disproportionate, misleading or false relative to the information that you have provided us in your original assessment questions, you agree that we may be entitled to ask further questions or take other action on your Account. 5.12. After opening your Account, and from time to time during the lifetime of your Account, we may ask for a further proof of address, identity, or proof of country of residence from you.

Appears in 2 contracts

Sources: Client Agreement, Client Agreement

Opening an Account. 5.1. An 5.1 Following receipt of your ‘Account must be opened prior Opening Application Form’, we will use the information you have provided us with to conduct further enquiries about you as we may deem necessary or appropriate in the circumstances in order for us to fulfil our legal obligations; we will further use the information you provide us with to assess and determine the appropriateness of you entering into a business relationship with us. This includes, but it is not limited to, verifying your identity information, obtaining references from third party database list, other financial institutions or your employer. In some instances, either on a sample basis or because we have reason to believe that further searches are necessary, in order for us to satisfy any CFD Transactionslegal or regulatory requirement, we will conduct other searches with third-party information providers and databases (public or otherwise), including credit searches that appear on your credit history. No Orders You understand that such enquiries can be placed until an Account has been opened conducted at any stage of the relationship, and clear funds receivedwe expect you to assist us with any additional information, as failure to do so would lead to termination of the relationship between you and us in accordance with the terms of the Agreement. 5.25.2 You are responsible for providing us with correct and accurate information at all times and we can rely on the information you have provided us with, both during on-boarding in the ‘Account Opening Application Form’ as well as throughout our relationship, unless we have reason to believe that the information you have provided us with is inaccurate. In order to open an AccountIf any of the information you have provided us with changes, you must complete need to notify us in writing. 5.3 Based on the Application Form. You must complete all mandatory sections and any information provided by you you, and in accordance with the Application Form must be true and correct. Any incorrect or unclear information may result in either outright rejection or, at the very least, a delay in the opening of your Account. You may also undertake a client suitability assessment or such other assessments applicable rules as prescribed by us amended from time to time, and we reserve will make an assessment of whether you have sufficient knowledge and/or experience to understand the right risks associated with trading Leveraged Products. The acceptance of your account will be subject to reject your application, or impose such other conditions for the opening outcome of an Account in our sole and absolute discretionthis assessment. 5.3. By submitting the Application Form, you are authorising TD365 5.4 Where we receive your application to make such searches and enquiries about you as it sees fit to verify the information that you have supplied, to manage credit risk and to prevent fraud (or other criminal activity). 5.4. TD365 may make periodic checks of your details to verify that the details supplied by you have not changed. However, you must immediately notify TD365 in writing as to any material change in your financial circumstances or any change to the information you have previously supplied to us (including, without limitation, change of employment, address, contact details and email). In our absolute discretionopen an account, we may accept such notification over the telephone or by email. You are responsible and liable for any losses that may be incurred by misdirection of communications will confirm this to you due to incorrect or out of date contact details supplied by you or your failure to notify us of any changes to your contact details. 5.5. TD365 may accept or reject an Application Form in its sole e-mail and absolute discretion. 5.6. TD365 will not be liable in any way to you for any loss you suffer from dealing with us, if it is discovered that: a. the information you have supplied to us in the Application Form or otherwise is in any way incorrect or incomplete; or b. your experience, knowledge and understanding was in fact contrary to the information supplied in the Application Form and that you do not in fact have the necessary experience, knowledge or understanding to enter into CFD Transactions. 5.7. When we open an Account, we will provide you with a user namedetails to access your account, specifically your account number and password for that Account. 5.8. Your Account will be denominated in Australian Dollars or in (the currency requested by you when applying for this account provided that this is acceptable to TD365 ("Base Currency"‘Access Codes’). If any Realised Profit, Realised Loss, Commission, Overnight Financing or other charges We will review your application and only if we are to be credited or debited to your Account in a currency other than your Base Currencysatisfied with the information/ documentation received, we will automatically convert such amounts in accordance with clause 22.1accept you as a Client and therefore activate your account. 5.9. You authorise TD365 to telephone or otherwise contact you at any time whatsoever in order to discuss any aspect of your Account. 5.10. As part of our client due diligence on opening your Account we shall undertake a Know Your Customer evaluation (“KYC”). You consent to us processing your personal data as submitted on your Application Form either electronically or on paper to third party agencies. 5.11. From time to time we may conduct checks as to your continuing appropriateness and soundness with regards to your trading activities and CFD Transactions. If we believe that your activities are disproportionate, misleading or false relative to the information that you have provided us in your original assessment questions, you agree that we may be entitled to ask further questions or take other action on your Account. 5.12. After opening your Account, and from time to time during the lifetime of your Account, we may ask for a further proof of address, identity, or proof of country of residence from you.

Appears in 1 contract

Sources: Client Agreement

Opening an Account. 5.1. An 26.1 Following receipt of your ‘Account must be opened prior Opening Application Form’, we will use the information you have provided us with to conduct further enquiries about you as we may deem necessary or appropriate in the circumstances in order for us to fulfil our legal obligations; we will further use the information you provide us with to assess and determine the appropriateness of you entering into a business relationship with us. This includes, but it is not limited to, verifying your identity information, obtaining references from third party database list, other financial institutions or your employer. In some instances, either on a sample basis or because we have reason to believe that further searches are necessary, in order for us to satisfy any CFD Transactionslegal or regulatory requirement, we will conduct other searches with third-party information providers and databases (public or otherwise), including credit searches that appear on your credit history. No Orders You understand that such enquiries can be placed until an Account has been opened conducted at any stage of the relationship, and clear funds receivedwe expect you to assist us with any additional information, as failure to do so would lead to termination of the relationship between you and us in accordance with the terms of the Agreement. 5.226.2 You are responsible for providing us with correct and accurate information at all times and we can rely on the information you have provided us with, both during on-boarding in the ‘Account Opening Application Form’ as well as throughout our relationship, unless we have reason to believe that the information you have provided us with is inaccurate. In order to open an AccountIf any of the information you have provided us with changes, you must complete need to notify us in writing. 26.3 Based on the Application Form. You must complete all mandatory sections and any information provided by you, and in accordance with the applicable rules, we will make an assessment of whether you in have sufficient knowledge and/or experience to understand the Application Form must be true and correctrisks associated with trading Leveraged Products. Any incorrect or unclear information may result in either outright rejection or, at the very least, a delay in the opening The acceptance of your Account. You may also undertake a client suitability account will be subject to the outcome of this assessment or such other assessments as prescribed by us from time to time, and we reserve the right to reject your applicationrefuse to provide any of our services to any person, or impose such other conditions for the opening of an Account who, in our sole and absolute discretionreasonable opinion, is not suitable to receive such services. 5.3. By submitting the Application Form, you are authorising TD365 26.4 When we receive your application to make such searches and enquiries about you as it sees fit to verify the information that you have supplied, to manage credit risk and to prevent fraud (or other criminal activity). 5.4. TD365 may make periodic checks of your details to verify that the details supplied by you have not changed. However, you must immediately notify TD365 in writing as to any material change in your financial circumstances or any change to the information you have previously supplied to us (including, without limitation, change of employment, address, contact details and email). In our absolute discretionopen an account, we may accept such notification over the telephone or by email. You are responsible and liable for any losses that may be incurred by misdirection of communications will confirm this to you due to incorrect or out of date contact details supplied by you or your failure to notify us of any changes to your contact details. 5.5. TD365 may accept or reject an Application Form in its sole e-mail and absolute discretion. 5.6. TD365 will not be liable in any way to you for any loss you suffer from dealing with us, if it is discovered that: a. the information you have supplied to us in the Application Form or otherwise is in any way incorrect or incomplete; or b. your experience, knowledge and understanding was in fact contrary to the information supplied in the Application Form and that you do not in fact have the necessary experience, knowledge or understanding to enter into CFD Transactions. 5.7. When we open an Account, we will provide you with a user namedetails to access your account, specifically your account number and password for that Account. 5.8. Your Account will be denominated in Australian Dollars or in (the currency requested by you when applying for this account provided that this is acceptable to TD365 ("Base Currency"‘Access Codes’). If any Realised Profit, Realised Loss, Commission, Overnight Financing or other charges We will review your application and only if we are to be credited or debited to your Account in a currency other than your Base Currencysatisfied with the information/ documentation received, we will automatically convert such amounts in accordance with clause 22.1accept you as a Client and therefore activate your account. 5.9. You authorise TD365 to telephone or otherwise contact you at any time whatsoever in order to discuss any aspect of your Account. 5.10. As part of our client due diligence on opening your Account we shall undertake a Know Your Customer evaluation (“KYC”). You consent to us processing your personal data as submitted on your Application Form either electronically or on paper to third party agencies. 5.11. From time to time we may conduct checks as to your continuing appropriateness and soundness with regards to your trading activities and CFD Transactions. If we believe that your activities are disproportionate, misleading or false relative to the information that you have provided us in your original assessment questions, you agree that we may be entitled to ask further questions or take other action on your Account. 5.12. After opening your Account, and from time to time during the lifetime of your Account, we may ask for a further proof of address, identity, or proof of country of residence from you.

Appears in 1 contract

Sources: Client Agreement

Opening an Account. 5.16.1 Following receipt of your ‘Account Opening Application Form’, we may use the information you have provided us to conduct any further enquiries about you as we may deem necessary or appropriate in the circumstances. An Account must be opened prior This includes, but is not limited to, verifying your identity information, obtaining references from third parties such as financial institutions or your employer. We may also conduct other searches with third-party information providers and databases (public or otherwise), including credit searches which may appear on your credit history. You understand that we may conduct these enquiries at any stage of the relationship,and we expect you to entering into assist us with any CFD Transactions. No Orders can be placed until an Account has been opened additional information we may require, as failure to do so may lead to termination of the relationship between you and clear funds receivedus. 5.2. In order 6.2 We are entitled to open an Account, rely on the information you must complete the have provided in your ‘Account Opening Application Form’ as being correct and accurate at all times, unless you notify us otherwise inwriting. You must complete all mandatory sections and It is your responsibility to notify us as soon as possible in writing of any change in theinformation provided. 6.3 Based on the information provided by you you, and in accordance with the Application Form must be true and correct. Any incorrect or unclear information may result in either outright rejection or, at the very least, a delay in the opening of your Account. You may also undertake a client suitability assessment or such other assessments applicable rules as prescribed by us amended from time to time, and we reserve will make an assessment of whether you have sufficient knowledge and/or experience to understand the right risks associated with trading Leveraged Products. The acceptance of your account will be subject to reject your application, or impose such other conditions for the opening outcome of an Account in our sole and absolute discretionthis assessment. 5.3. By submitting the Application Form6.4 Where we accept your application to open an account, we will confirm this to you are authorising TD365 to make such searches and enquiries about you as it sees fit to verify the information that you have supplied, to manage credit risk and to prevent fraud (or other criminal activity). 5.4. TD365 may make periodic checks of your details to verify that the details supplied by you have not changed. However, you must immediately notify TD365 in writing as to any material change in your financial circumstances or any change to the information you have previously supplied to us (including, without limitation, change of employment, address, contact details and email). In our absolute discretion, we may accept such notification over the telephone or by email. You are responsible and liable for any losses that may be incurred by misdirection of communications to you due to incorrect or out of date contact details supplied by you or your failure to notify us of any changes to your contact details. 5.5. TD365 may accept or reject an Application Form in its sole and absolute discretion. 5.6. TD365 will not be liable in any way to you for any loss you suffer from dealing with us, if it is discovered that: a. the information you have supplied to us in the Application Form or otherwise is in any way incorrect or incomplete; or b. your experience, knowledge and understanding was in fact contrary to the information supplied in the Application Form and that you do not in fact have the necessary experience, knowledge or understanding to enter into CFD Transactions. 5.7. When we open an Account, we will provide you with details to access your account, specifically your account numberand password (the ‘Access Codes’). Acceptance of you as a user name, Client is no guarantee that any further account number and password for that Account. 5.8. Your Account with us will be denominated in Australian Dollars or in the currency requested by you when applying for this account provided that this is acceptable to TD365 ("Base Currency"). If any Realised Profit, Realised Loss, Commission, Overnight Financing or other charges are to be credited or debited to your Account in a currency other than your Base Currency, we will automatically convert such amounts in accordance with clause 22.1accepted. 5.9. You authorise TD365 to telephone or otherwise contact you at any time whatsoever in order to discuss any aspect of your Account. 5.10. As part of our client due diligence on opening your Account we shall undertake a Know Your Customer evaluation (“KYC”). You consent to us processing your personal data as submitted on your Application Form either electronically or on paper to third party agencies. 5.11. From time to time we may conduct checks as to your continuing appropriateness and soundness with regards to your trading activities and CFD Transactions. If we believe that your activities are disproportionate, misleading or false relative to the information that you have provided us in your original assessment questions, you agree that we may be entitled to ask further questions or take other action on your Account. 5.12. After opening your Account, and from time to time during the lifetime of your Account, we may ask for a further proof of address, identity, or proof of country of residence from you.

Appears in 1 contract

Sources: Client Agreement

Opening an Account. 5.1. An Following receipt of your ‘Account must be opened prior Opening Application Form’, we will use the information you have provided us with to conduct further enquiries about you as we may deem necessary or appropriate in the circumstances in order for us to fulfil our legal obligations; we will further use the information you provide us with to assess and determine the appropriateness of you entering into a business relationship with us. This includes, but it is not limited to, verifying your identity information, obtaining references from third party database lists, other financial institutions or your employer. In some instances, either on a sample basis or because we have reason to believe that further searches are necessary, in order for us to satisfy any CFD Transactionslegal or regulatory requirement, we will conduct other searches with third-party information providers and databases (public or otherwise), including credit searches that appear on your credit history. No Orders You understand that such enquiries can be placed until an conducted at any stage of the relationship, and we expect you to assist us with any additional information, as failure to do so would lead to termination of the relationship between you and us in accordance with the terms of the Agreement. You are responsible for providing us with correct and accurate information at all times and we can rely on the information you have provided us with, both during on-boarding in the ‘Account has been opened and clear funds received. 5.2Opening Application Form’ as well as throughout our relationship, unless we have reason to believe that the information you have provided us with is inaccurate. In order to open an AccountIf any of the information you have provided us with changes, you must complete need to notify us in writing. Based on the Application Form. You must complete all mandatory sections and any information provided by you you, and in accordance with the Application Form must be true and correct. Any incorrect or unclear information may result in either outright rejection or, at the very least, a delay in the opening of your Account. You may also undertake a client suitability assessment or such other assessments applicable rules as prescribed by us amended from time to time, and we reserve the right to reject your application, or impose such other conditions for the opening will make an assessment of an Account in our sole and absolute discretion. 5.3. By submitting the Application Form, you are authorising TD365 to make such searches and enquiries about you as it sees fit to verify the information that whether you have supplied, sufficient knowledge and/or experience to manage credit risk and to prevent fraud (or other criminal activity). 5.4understand the risks associated with trading Leveraged Products. TD365 may make periodic checks The acceptance of your details to verify that the details supplied by you have not changed. However, you must immediately notify TD365 in writing as to any material change in your financial circumstances or any change account will be subject to the information you have previously supplied to us (including, without limitation, change outcome of employment, address, contact details and email). In our absolute discretion, we may accept such notification over the telephone or by email. You are responsible and liable for any losses that may be incurred by misdirection of communications to you due to incorrect or out of date contact details supplied by you or your failure to notify us of any changes to your contact detailsthis assessment. 5.5. TD365 may accept or reject an Application Form in its sole and absolute discretion. 5.6. TD365 will not be liable in any way to you for any loss you suffer from dealing with us, if it is discovered that: a. the information you have supplied to us in the Application Form or otherwise is in any way incorrect or incomplete; or b. your experience, knowledge and understanding was in fact contrary to the information supplied in the Application Form and that you do not in fact have the necessary experience, knowledge or understanding to enter into CFD Transactions. 5.7. When we open an Account, we will provide you with a user name, account number and password for that Account. 5.8. Your Account will be denominated in Australian Dollars or in the currency requested by you when applying for this account provided that this is acceptable to TD365 ("Base Currency"). If any Realised Profit, Realised Loss, Commission, Overnight Financing or other charges are to be credited or debited to your Account in a currency other than your Base Currency, we will automatically convert such amounts in accordance with clause 22.1. 5.9. You authorise TD365 to telephone or otherwise contact you at any time whatsoever in order to discuss any aspect of your Account. 5.10. As part of our client due diligence on opening your Account we shall undertake a Know Your Customer evaluation (“KYC”). You consent to us processing your personal data as submitted on your Application Form either electronically or on paper to third party agencies. 5.11. From time to time we may conduct checks as to your continuing appropriateness and soundness with regards to your trading activities and CFD Transactions. If we believe that your activities are disproportionate, misleading or false relative to the information that you have provided us in your original assessment questions, you agree that we may be entitled to ask further questions or take other action on your Account. 5.12. After opening your Account, and from time to time during the lifetime of your Account, we may ask for a further proof of address, identity, or proof of country of residence from you.

Appears in 1 contract

Sources: Client Agreement

Opening an Account. 5.1. An 5.1 Following receipt of your ‘Account must be opened prior Opening Application Form’, we will use the information you have provided us with to conduct further enquiries about you as we may deem necessary or appropriate in the circumstances in order for us to fulfil our legal obligations; we will further use the information you provide us with to assess and determine the appropriateness of you entering into a business relationship with us. This includes, but it is not limited to, verifying your identity information, obtaining references from third party database list, other financial institutions or your employer. In some instances, either on a sample basis or because we have reason to believe that further searches are necessary, in order for us to satisfy any CFD Transactionslegal or regulatory requirement, we will conduct other searches with third-party information providers and databases (public or otherwise), including credit searches that appear on your credit history. No Orders You understand that such enquiries can be placed until an Account has been opened conducted at any stage of the relationship, and clear funds receivedwe expect you to assist us with any additional information, as failure to do so would lead to termination of the relationship between you and us in accordance with the terms of the Agreement. 5.25.2 You are responsible for providing us with correct and accurate information at all times and we can rely on the information you have provided us with, both during on-boarding in the ‘Account Opening Application Form’ as well as throughout our relationship, unless we have reason to believe that the information you have provided us with is inaccurate. In order to open an AccountIf any of the information you have provided us with changes, you must complete need to notify us in writing. 5.3 Based on the Application Form. You must complete all mandatory sections and any information provided by you you, and in accordance with the Application Form must be true and correct. Any incorrect or unclear information may result in either outright rejection or, at the very least, a delay in the opening of your Account. You may also undertake a client suitability assessment or such other assessments applicable rules as prescribed by us amended from time to time, and we reserve will make an assessment of whether you have sufficient knowledge and/or experience to understand the right risks associated with trading Leveraged Products. The acceptance of your account will be subject to reject your application, or impose such other conditions for the opening outcome of an Account in our sole and absolute discretionthisassessment. 5.3. By submitting the Application Form, you are authorising TD365 5.4 Where we receive your application to make such searches and enquiries about you as it sees fit to verify the information that you have supplied, to manage credit risk and to prevent fraud (or other criminal activity). 5.4. TD365 may make periodic checks of your details to verify that the details supplied by you have not changed. However, you must immediately notify TD365 in writing as to any material change in your financial circumstances or any change to the information you have previously supplied to us (including, without limitation, change of employment, address, contact details and email). In our absolute discretionopen an account, we may accept such notification over the telephone or by email. You are responsible and liable for any losses that may be incurred by misdirection of communications will confirm this to you due to incorrect or out of date contact details supplied by you or your failure to notify us of any changes to your contact details. 5.5. TD365 may accept or reject an Application Form in its sole e-mail and absolute discretion. 5.6. TD365 will not be liable in any way to you for any loss you suffer from dealing with us, if it is discovered that: a. the information you have supplied to us in the Application Form or otherwise is in any way incorrect or incomplete; or b. your experience, knowledge and understanding was in fact contrary to the information supplied in the Application Form and that you do not in fact have the necessary experience, knowledge or understanding to enter into CFD Transactions. 5.7. When we open an Account, we will provide you with a user namedetails to access your account, specifically your account number and password for that Account. 5.8. Your Account will be denominated in Australian Dollars or in (the currency requested by you when applying for this account provided that this is acceptable to TD365 ("Base Currency"‘Access Codes’). If any Realised Profit, Realised Loss, Commission, Overnight Financing or other charges We will review your application and only if we are to be credited or debited to your Account in a currency other than your Base Currencysatisfied with the information/ documentation received, we will automatically convert such amounts in accordance with clause 22.1accept you as a Client and therefore activate your account. 5.9. You authorise TD365 to telephone or otherwise contact you at any time whatsoever in order to discuss any aspect of your Account. 5.10. As part of our client due diligence on opening your Account we shall undertake a Know Your Customer evaluation (“KYC”). You consent to us processing your personal data as submitted on your Application Form either electronically or on paper to third party agencies. 5.11. From time to time we may conduct checks as to your continuing appropriateness and soundness with regards to your trading activities and CFD Transactions. If we believe that your activities are disproportionate, misleading or false relative to the information that you have provided us in your original assessment questions, you agree that we may be entitled to ask further questions or take other action on your Account. 5.12. After opening your Account, and from time to time during the lifetime of your Account, we may ask for a further proof of address, identity, or proof of country of residence from you.

Appears in 1 contract

Sources: Client Agreement

Opening an Account. 5.1. An Following receipt of your ‘Account must be opened prior Opening Application Form’, we will use the information you have provided us with to conduct further enquiries about you as we may deem necessary or appropriate in the circumstances in order for us to fulfil our legal obligations; we will further use the information you provide us with to assess and determine the appropriateness of you entering into a business relationship with us. This includes, but it is not limited to, verifying your identity information, obtaining references from third party database list, other financial institutions or your employer. In some instances, either on a sample basis or because we have reason to believe that further searches are necessary, in order for us to satisfy any CFD Transactionslegal or regulatory requirement, we will conduct other searches with third-party information providers and databases (public or otherwise), including credit searches that appear on your credit history. No Orders You understand that such enquiries can be placed until an conducted at any stage of the relationship, and we expect you to assist us with any additional information, as failure to do so would lead to termination of the relationship between you and us in accordance with the terms of the Agreement. You are responsible for providing us with correct and accurate information at all times and we can rely on the information you have provided us with, both during on-boarding in the ‘Account has been opened and clear funds received. 5.2Opening Application Form’ as well as throughout our relationship, unless we have reason to believe that the information you have provided us with is inaccurate. In order to open an AccountIf any of the information you have provided us with changes, you must complete need to notify us in writing. Based on the Application Form. You must complete all mandatory sections and any information provided by you, and in accordance with the applicable rules, we will make an assessment of whether you in have sufficient knowledge and/or experience to understand the Application Form must be true and correctrisks associated with trading Leveraged Products. Any incorrect or unclear information may result in either outright rejection or, at the very least, a delay in the opening The acceptance of your Account. You may also undertake a client suitability account will be subject to the outcome of this assessment or such other assessments as prescribed by us from time to time, and we reserve the right to reject your applicationrefuse to provide any of our services to any person, or impose such other conditions for the opening of an Account who, in our sole and absolute discretionreasonable opinion, is not suitable to receive such services. 5.3. By submitting the Application Form, you are authorising TD365 to make such searches and enquiries about you as it sees fit to verify the information that you have supplied, to manage credit risk and to prevent fraud (or other criminal activity). 5.4. TD365 may make periodic checks of your details to verify that the details supplied by you have not changed. However, you must immediately notify TD365 in writing as to any material change in your financial circumstances or any change to the information you have previously supplied to us (including, without limitation, change of employment, address, contact details and email). In our absolute discretion, we may accept such notification over the telephone or by email. You are responsible and liable for any losses that may be incurred by misdirection of communications to you due to incorrect or out of date contact details supplied by you or your failure to notify us of any changes to your contact details. 5.5. TD365 may accept or reject an Application Form in its sole and absolute discretion. 5.6. TD365 will not be liable in any way to you for any loss you suffer from dealing with us, if it is discovered that: a. the information you have supplied to us in the Application Form or otherwise is in any way incorrect or incomplete; or b. your experience, knowledge and understanding was in fact contrary to the information supplied in the Application Form and that you do not in fact have the necessary experience, knowledge or understanding to enter into CFD Transactions. 5.7. When we open an Account, we will provide you with a user name, account number and password for that Account. 5.8. Your Account will be denominated in Australian Dollars or in the currency requested by you when applying for this account provided that this is acceptable to TD365 ("Base Currency"). If any Realised Profit, Realised Loss, Commission, Overnight Financing or other charges are to be credited or debited to your Account in a currency other than your Base Currency, we will automatically convert such amounts in accordance with clause 22.1. 5.9. You authorise TD365 to telephone or otherwise contact you at any time whatsoever in order to discuss any aspect of your Account. 5.10. As part of our client due diligence on opening your Account we shall undertake a Know Your Customer evaluation (“KYC”). You consent to us processing your personal data as submitted on your Application Form either electronically or on paper to third party agencies. 5.11. From time to time we may conduct checks as to your continuing appropriateness and soundness with regards to your trading activities and CFD Transactions. If we believe that your activities are disproportionate, misleading or false relative to the information that you have provided us in your original assessment questions, you agree that we may be entitled to ask further questions or take other action on your Account. 5.12. After opening your Account, and from time to time during the lifetime of your Account, we may ask for a further proof of address, identity, or proof of country of residence from you.

Appears in 1 contract

Sources: Client Agreement

Opening an Account. 5.18.1. An Account must be opened prior Following receipt of your ‘Client Registration Form’, we will use the information you have provided us with to entering conduct further enquiries about you as we may deem necessary or appropriate in the circumstances to fulfil our legal obligations; we will further use the information you provide us with to assess and determine the your ability to enter into any CFD Transactionsa business relationship with us in accordance with the Applicable Regulations and for the provision of the services to you. No Orders This includes, but it is not limited to, verifying your identity information, obtaining references from third party database list, other financial institutions, or your employer (if applicable). You understand that such enquiries can be placed until an Account has been opened conducted at any stage of the relationship, and clear funds receivedwe expect you to assist us with any additional information, as failure to do so could lead to termination of the relationship between you and the Company in accordance with the terms of the Agreement. 5.28.2. In order The Client must provide us with correct and accurate information and/or documentation at all times, both during on-boarding in the ‘Client Registration Form’ as well as throughout our relationship, unless we have reason to open an Accountbelieve that the information you have provided us with is inaccurate and/or insufficient. When we receive your documentation we assume that these have been legally obtained and these have not been tempered with and are true and original documents lawfully issued. If any of the information you have provided us with has changed throughout the duration of this Agreement, you must complete need to notify us in writing by using any of our communication methods as these are posted on our Website. 8.3. To initiate your account application process, you will create a username and set a password for accessing your user profile in our client portal (the Application Form‘Access Codes’) after which you will be required to verify your email address. You must complete all mandatory sections and any information provided by you in will then be prompted to proceed with the Application Form must be true and correct. Any incorrect or unclear information may result in either outright rejection or, at next steps for the very least, a delay in the purposes of opening of your Account. You may also undertake a client suitability assessment or such other assessments as prescribed by us from time to timeWe will review your application and only if we are satisfied with the information/ documentation received, we will then accept it and activate your account. 8.4. When we reserve the right to reject receive your application, or impose such other conditions ‘Client Registration Form’ we assume that you have completed this and have requested for the opening of an Account with us on your own free will and after careful consideration and deliberation for trading in our sole and absolute discretionthe Financial Instruments as these are offered by the Company. 5.38.5. By submitting In case ever the Application FormCompany allows the opening of a Joint Account, the liabilities and obligations under the Agreement shall be joint and several by the Joint Account owners. The Client Registration Form must be filled and completed by the persons that will operate the Account and such persons will be considered as the Client. Any Written Notice given to or by any one of the persons that form the Client, shall be deemed to have been given to or by all the persons who form the Client. 8.6. The Client will have to verify their account within a timeframe of 15 (fifteen) calendar days period (the “Verification Period”). During the Verification period, the Client will be allowed only to deposit the total amount of up to €2,000, irrespective of the number of Accounts held with the Company. The Client will not be able to place any Orders until their Account has been verified. The Company reserves the right to request for additional enhanced due diligence and/or identification information and/or documentation. 8.7. In case the Client has failed to provide the necessary information and/or documentation for their verification by the end of the 15th (fifteenth) calendar day from the initial contact with the Company, the Company shall terminate the relationship with the Client and shall return automatically all deposited funds to the Client, in the same bank account from which they originated. It is acknowledged that bank and/or card fees may apply which will be incurred by the Client. 8.8. Once your account has been opened, you are authorising TD365 may request to make such searches and enquiries about you as it sees fit obtain a Swap Free Account through the relevant functionality in your client portal or through written request at ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇. The Company reserves the right to request any supporting documents deemed necessary to verify the information that you have supplied, to manage credit risk and to prevent fraud (or other criminal activity)client’s eligibility for such an account. 5.4. TD365 may make periodic checks of your details to verify that the details supplied by you have not changed. However, you must immediately notify TD365 in writing as to any material change in your financial circumstances or any change to the information you have previously supplied to us (including, without limitation, change of employment, address, contact details and email). In our absolute discretion, we may accept such notification over the telephone or by email. You are responsible and liable for any losses that may be incurred by misdirection of communications to you due to incorrect or out of date contact details supplied by you or your failure to notify us of any changes to your contact details. 5.5. TD365 may accept or reject an Application Form in its sole and absolute discretion. 5.6. TD365 will not be liable in any way to you for any loss you suffer from dealing with us, if it is discovered that: a. the information you have supplied to us in the Application Form or otherwise is in any way incorrect or incomplete; or b. your experience, knowledge and understanding was in fact contrary to the information supplied in the Application Form and that you do not in fact have the necessary experience, knowledge or understanding to enter into CFD Transactions. 5.7. When we open an Account, we will provide you with a user name, account number and password for that Account. 5.8. Your Account will be denominated in Australian Dollars or in the currency requested by you when applying for this account provided that this is acceptable to TD365 ("Base Currency"). If any Realised Profit, Realised Loss, Commission, Overnight Financing or other charges are to be credited or debited to your Account in a currency other than your Base Currency, we will automatically convert such amounts in accordance with clause 22.1. 5.9. You authorise TD365 to telephone or otherwise contact you at any time whatsoever in order to discuss any aspect of your Account. 5.10. As part of our client due diligence on opening your Account we shall undertake a Know Your Customer evaluation (“KYC”). You consent to us processing your personal data as submitted on your Application Form either electronically or on paper to third party agencies. 5.11. From time to time we may conduct checks as to your continuing appropriateness and soundness with regards to your trading activities and CFD Transactions. If we believe that your activities are disproportionate, misleading or false relative to the information that you have provided us in your original assessment questions, you agree that we may be entitled to ask further questions or take other action on your Account. 5.12. After opening your Account, and from time to time during the lifetime of your Account, we may ask for a further proof of address, identity, or proof of country of residence from you.

Appears in 1 contract

Sources: Client Agreement