Common use of Your Representations and Warranties Clause in Contracts

Your Representations and Warranties. a. You represent that you are the legal owner of the Accounts and other financial information which may be accessed via the Digital Services. You represent and agree that all information you provide to us in connection with your use of the Digital Services is accurate, current, and complete, and that you have the right to provide such information to us. You agree that you will not misrepresent your identity or your Account information. You agree to keep your Account information up-to-date and accurate. You authorize us to debit your Account for any transactions processed through Digital Services, and for any fees incurred. You authorize us to initiate any reversing entry or reversing file, and to debit your Accounts at the Credit Union or elsewhere, in order to correct any erroneous transaction. You agree to cooperate with any action to reverse a transaction that was made in error and to offset any benefit you receive against any loss we suffer. b. You represent and warrant that you will not copy, reproduce, distribute, or create derivative works from the Digital Services technology. You further represent and warrant that you will not reverse engineer or reverse compile any Digital Services technology, including but not limited to, any software or other mobile phone applications associated with the Digital Services. You agree not to use the Digital Services or the content or information delivered through the Digital Services in any way that would infringe any third- party copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy, under the laws of any jurisdiction, including any rights in the Digital Services software. c. You represent and warrant that all transactions that you initiate by use of the Digital Services are legal in the jurisdiction where you live and/or where the transaction occurred. You represent and warrant that you will not use the Digital Services for any illegal or unlawful transaction, including but not limited to: (i) false, misleading, inaccurate and/or fraudulent transactions or those that involve the sale of counterfeit or stolen items; (ii) the use of digital access to impersonate another person or entity; (iii) violation of any law, statute, ordinance or regulation (including but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);

Appears in 3 contracts

Sources: Digital Banking Agreement, Digital Banking Agreement, Digital Banking Agreement

Your Representations and Warranties. a. You represent that you are the legal owner of the Accounts and other financial information which may be accessed via the Digital Services6.1. You represent make the following representations and agree that warranties to T1 now and on a going forward basis: (i) You have the current legal capacity and authority to enter into this Agreement; you have obtained all information you provide necessary authoriza- tions to us in connection with execute the Agreement; and all your Transactions and your use of the Digital Services is accurateService does not and will not violate any applicable rule, currentregulation, statute, regulation, charter, policy, operating agreement, partnership agreement or corporate by law. (ii) If you (our Client) are a non-natural person (such as a corporation or partnership) your authorized signatory warrants that you are a validly existing entity in good standing in your jurisdiction. (iii) If you are executing this Agreement for or on behalf of the Client as an authorized person (such as a corporate officer or Director) or are performing any obligations or exercising any rights granted to the Client in the Agreement, you represent and completewarrant that the Client has granted you the authority to do so. (iv) Other than to T1 for the performance of your obligations set forth in the Agreement, you have not and will not grant a security interest in or otherwise encumber the Account or the cash or cash equivalent equity held in the Account, to any natural or non- natural person without T1’s written consent. In connection with the security interest granted to T1, you agree to execute such other documents and take such other actions as may be requested by T1 to protect T1’s interest and/or the interest of any Service Provider T1 may use in connection with the Transactions contemplated in this Agree- ment. (v) In connection with using the Services, you as the direct Client or as the authorized representative executing the Agree- ment for and on behalf of the Client, confirm that you have read, agree to and understand the terms and conditions of the Agreement and understand the risks of trading and the warnings set forth in T1’s risk disclosure statement, trading rules and regulations, best execution policy, conflict of interests, the concordance and all other appendices, amendments and additions to this Agreement and, further, that by executing a Transaction on any platform or interface made available to you that you will be deemed to have read, understood and agreed to the terms and conditions of the Agreement. You also represent to T1 that you have engaged in simulated trading through a Demo account made available by T1 and that you have a working knowledge of the right platform’s functionality for trading CFDs, Spot Forex and/or precious metals and have had the opportunity to provide such information to us. You agree that you will not misrepresent your identity or your Account information. You agree to keep your Account information up-to-date ask questions about the platform and accurate. You authorize us to debit your Account for any transactions processed through Digital Services, and for any fees incurred. You authorize us to initiate any reversing entry or reversing file, and to debit your Accounts at the Credit Union or elsewhere, other operations involved in order to correct any erroneous transaction. You agree to cooperate with any action to reverse a transaction that was made in error and to offset any benefit you receive against any loss we suffertrading. b. You represent and (vi) By executing the Agreement, you warrant that you will not copy, reproduce, distribute, or create derivative works from all the Digital Services technology. You further represent information and warrant that you will not reverse engineer or reverse compile any Digital Services technologydocuments, including but not limited toto financial information, any software or other mobile phone applications associated regulatory status, registration requirements, legal compliance and good standing you provided to T1 and representations you made to T1 in connection with opening your Account are true and accurate as of the Digital Servicesdate of exe- cution (the “Account Information”). You agree to advise T1 immediately and on a going forward basis of any changes to the Account Information. You understand and agree that T1 is entitled to rely on the Account Information and has done so in determining to open your Account. You also authorize T1 to make use of any data bases it chooses to in order to confirm your Account Information and you also confirm that T1 is not responsible for advising you on tax matters as they may relate to use the Digital Services or the content or information delivered through the Digital Services in any way your Account, Bermuda and/or your home jurisdiction. You further acknowledge and agree that would infringe any third- party copyrightT1 may, patentif requested to do so, trademark, trade secret, provide a government regulatory agency or other proprietary rights or rights entity of publicity or privacy, under equal standing and competence with information and data relating to your Account Information and the laws of any jurisdiction, including any rights in the Digital Services softwareyou use. c. You represent and warrant that all transactions that you initiate by use of the Digital Services are legal in the jurisdiction where you live and/or where the transaction occurred. You represent and warrant that you will not use the Digital Services for any illegal or unlawful transaction, including but not limited to: (i) false, misleading, inaccurate and/or fraudulent transactions or those that involve the sale of counterfeit or stolen items; (ii) the use of digital access to impersonate another person or entity; (iii) violation of any law, statute, ordinance or regulation (including but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);

Appears in 3 contracts

Sources: Customer Agreement, Customer Agreement, Customer Agreement

Your Representations and Warranties. a. You represent that you are the legal owner of the Accounts accounts and other financial information which may be accessed via the Digital Electronic Services. You represent and agree that all information you provide to us in connection with your use of the Digital Electronic Services is accurate, current, and complete, and that you have the right to provide such information to us. You agree that you will not misrepresent your identity or your Account account information. You agree to keep your Account account information up-to-date and accurate. You authorize us to debit your Account account for any transactions processed through Digital the Electronic Services, and for any fees incurred. You authorize us to initiate any reversing entry or reversing file, and to debit your Accounts accounts at the Credit Union or elsewhere, in order to correct any erroneous transaction. You agree to cooperate with any action to reverse a transaction that was made in error and to offset any benefit you receive against any loss we suffer.to b. You represent and warrant that you will not copy, reproduce, distribute, or create derivative works from the Digital Electronic Services technology. You further represent and warrant that you will not reverse engineer or reverse compile any Digital Electronic Services technology, including but not limited to, any software or other mobile phone applications associated with the Digital Electronic Services. You agree not to use the Digital Services or the content or information delivered through the Digital Services in any way that would infringe any third- party copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy, under the laws of any jurisdiction, including any rights in the Digital Services software.Electronic c. You represent and warrant that all transactions that you initiate by use of the Digital Electronic Services are legal in the jurisdiction where you live and/or where the transaction occurred. You represent and warrant that you will not use the Digital Electronic Services for any illegal or unlawful transaction, including but not limited to: (i) false, misleading, inaccurate and/or fraudulent transactions or those that involve the sale of counterfeit or stolen items; (ii) the use of digital online or mobile access to impersonate another person or entity; (iii) violation of any law, statute, ordinance or regulation (including but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);; (iv) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (v) potentially be perceived as illegal, offensive or objectionable; (vi) interfere with or disrupt computer networks connected to the Electronic Services; (vii) interfere with or disrupt the use of the Electronic Services by any other user; or (viii) use the Electronic Services in such a manner as to gain unauthorized entry or access to the computer systems of others. You agree that you are independently responsible for complying with all applicable laws in all of your activities related to your use of the Electronic services, regardless of the purpose of the use, and for all communications you sent through the Electronic Services. You acknowledge and agree that we may decline to authorize any transaction that we believe poses an undue risk of illegality or unlawfulness. We and our Service Providers have the right, but not the obligation, to monitor and remove communications content that we find in our sole discretion to be objectionable in any way. d. You represent and warrant that you will not use the Electronic Services for communications or activities that: (i) promote hate, violence, racial intolerance, or the financial exploitation of a crime; (ii) defame, abuse, harass or threaten others; (iii) include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous; (iv) impose an unreasonable or disproportionately large load on our infrastructure; (v) facilitate any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (vi) constitute use of any robot, spider, other automatic device, or manual process to monitor or copy the Electronic Service or the portion of the website through which the Electronic Services are offered without our prior written permission; (vii) constitute use of any device, software or routine to bypass technology protecting the site or Electronic Service, or interfere or attempt to interfere, with the website or the Electronic Services; or (viii) may cause us or our Service Providers to lose any of the services from our internet service providers, payment processors, or other vendors.

Appears in 2 contracts

Sources: Electronic Services Disclosure and Agreement, Electronic Services Disclosure and Agreement

Your Representations and Warranties. a. You In addition to your representations and warranties contained in other provisions of this Agreement, you represent that and warrant that:  Each image of a check you are the legal owner transmit to us is a true and accurate rendition of the Accounts front and other back of the original check, without alteration, and the drawer of the Check has no defense against payment of the Check.  You are authorized to enforce each Check you transmit for deposit and are authorized to obtain payment for each Check on behalf of a person entitled to enforce such transmitted Check.  You are solely responsible for any and all financial information which risk that may be accessed via the Digital Services. You represent and agree that all information you provide to us in connection associated with your use of the Digital Services is accurateService, currentincluding without limitation the risk that a Check will be returned for insufficient funds.  You are solely responsible for the instructions you provide to the Bank and for failing to properly access or use the Service, including without limitation input errors.  You will not deposit or otherwise endorse to a third party the original Check, and completeno person will receive a transfer, presentment, or return of, or otherwise be charged for, the original Check or a paper or electronic representation of the original Check such that a person will be asked to make payment based on an item that has already been paid.  You will only transmit acceptable items for deposit and have handled the original items in accordance with applicable laws, rules and regulations. If you breach any of these representations and warranties, you agree to indemnify, defend and hold the Bank, its shareholders, parents, subsidiaries, affiliates, officers, directors, employees, agents, and its and their successors, heirs and assigns harmless from and against any and all liability, damages, or losses arising from any claims, suits, or demands from third parties with respect to such breach. You further authorize the Bank to debit your account for the amount of any such claim, suit or demand that results from a breach of warranty claim under the provisions of Check 21, Regulation CC, and/or the Uniform Commercial Code. You will maintain funds in your account(s) in amounts and for a period of time as we determine in our sole discretion to cover any outstanding Checks and your obligations for returns of checks, warranty claims, fees and other obligations. If any such liabilities exceed the amount in the applicable account(s), we may charge such excess against any of your other accounts at the Bank and you have the right to provide such information to uswill pay us any amount remaining unpaid immediately upon our demand. You agree that we are entitled to act upon instructions we receive with respect to the Service under your user ID, password, pass phrase or other code or authentication method that we require (these components are referred to herein collectively as your “Authentication Method”). You are liable for all transactions made or authorized with the use of your Authentication Method. We have no responsibility for establishing the identity of any person who uses your Authentication Method. We have no responsibility for establishing the identity of any person who uses your Authentication Method. You agree that if you give any component of your Authentication Method to anyone or fail to safeguard its secrecy, you will not misrepresent be in violation of your identity or obligations under your Bank Account informationAgreement and this Agreement. You agree to keep take appropriate steps to ensure that all components of your Account information up-to-date Authentication Method are protected and accurate. You authorize us to debit your Account for any transactions processed through Digital Services, and for any fees incurred. You authorize us to initiate any reversing entry or reversing file, and to debit your Accounts at the Credit Union or elsewhere, in order to correct any erroneous transactionkept confidential. You agree to cooperate with indemnify and release us from any and all liability, and agree not to make any claim or bring any action against us, relating to reverse our honoring or allowing any actions or transactions that are conducted under your Authentication Method or acting upon instructions, messages or authorizations provided to us using your Authentication Method. By accessing the Service with your Authentication Method, you authorize us to complete the requested transaction(s) through the Service. Any requests or instructions we receive from you through the Service using your Authentication Method shall be considered “in writing” under all applicable law and shall have the same force and legal effect as a transaction that was made in error and to offset any benefit you receive against any loss we suffer. b. You represent and warrant that you will not copywriting signed by you. This includes, reproduce, distribute, or create derivative works from the Digital Services technology. You further represent and warrant that you will not reverse engineer or reverse compile any Digital Services technology, including but is not limited to, inquiries, deposit transactions, Checks deposited, check images, changes to accounts or services or any software or other mobile phone applications associated with the Digital Services. You agree not to use the Digital Services or the content or information delivered communication you provide us through the Digital Services in any way that would infringe any third- party copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy, under the laws of any jurisdiction, including any rights in the Digital Services softwareService using your Authentication Method. c. You represent and warrant that all transactions that you initiate by use of the Digital Services are legal in the jurisdiction where you live and/or where the transaction occurred. You represent and warrant that you will not use the Digital Services for any illegal or unlawful transaction, including but not limited to: (i) false, misleading, inaccurate and/or fraudulent transactions or those that involve the sale of counterfeit or stolen items; (ii) the use of digital access to impersonate another person or entity; (iii) violation of any law, statute, ordinance or regulation (including but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);

Appears in 2 contracts

Sources: Mobile Deposit Service Agreement, Mobile Deposit Service Agreement

Your Representations and Warranties. a. You represent that make the following representations and warranties to T1 now and on a going forward basis: (i) You have the current legal capacity and authority to enter into this Agreement; you are have obtained all necessary authoriza- tions to execute the legal owner of the Accounts Agreement; and other financial information which may be accessed via the Digital Services. You represent all your Transactions and agree that all information you provide to us in connection with your use of the Digital Services is accurateService does not and will not violate any appli- cable rule, currentregulation, statute, regulation, charter, policy, operating agreement, partnership agreement or corporate bylaw. (ii) If you (our Client) are a non-natural person (such as a corporation or partnership) your authorized signatory warrants that you are a validly existing entity in good standing in your jurisdiction. (iii) If you are executing this Agreement for or on behalf of the Client as an authorized person (such as a corporate officer or ▇▇- ▇▇▇▇▇▇) or are performing any obligations or exercising any rights granted to the Client in the Agreement, you represent and completewarrant that the Client has granted you the authority to do so. (iv) Other than to T1 for the performance of your obligations set forth in the Agreement, you have not and will not grant a security interest in or otherwise encumber the Account or the cash or cash equivalent equity held in the Account, to any natural or non- natural person without T1’s written consent. In connection with the security interest granted to T1, you agree to execute such other documents and take such other actions as may be requested by T1 to protect T1’s interest and/or the interest of any Service Provider T1 may use in connection with the Transactions contemplated in this Agreement. (v) In connection with using the Services, you as the direct Client or as the authorized representative executing the Agreement for and on behalf of the Client, confirm that you have read, agree to and understand the terms and conditions of the Agree- ment and understand the risks of trading and the warnings set forth in T1’s risk disclosure statement, trading rules and reg- ulations, best execution policy, conflict of interests, the concordance and all other appendices, amendments and additions to this Agreement and, further, that by executing a Transaction on any platform or interface made available to you that you will be deemed to have read, understood and agreed to the terms and conditions of the Agreement. You also represent to T1 that you have engaged in simulated trading through a Demo account made available by T1 and that you have a working knowledge of the right platform’s functionality for trading CFDs, Spot Forex and/or precious metals and have had the opportunity to provide such information to us. You agree that you will not misrepresent your identity or your Account information. You agree to keep your Account information up-to-date ask questions about the platform and accurate. You authorize us to debit your Account for any transactions processed through Digital Services, and for any fees incurred. You authorize us to initiate any reversing entry or reversing file, and to debit your Accounts at the Credit Union or elsewhere, other operations involved in order to correct any erroneous transaction. You agree to cooperate with any action to reverse a transaction that was made in error and to offset any benefit you receive against any loss we suffertrading. b. You represent and (vi) By executing the Agreement, you warrant that you will not copy, reproduce, distribute, or create derivative works from all the Digital Services technology. You further represent information and warrant that you will not reverse engineer or reverse compile any Digital Services technologydocuments, including but not limited toto financial information, any software or other mobile phone applications associated regulatory status, registration requirements, legal compliance and good standing you provided to T1 and rep- resentations you made to T1 in connection with opening your Account are true and accurate as of the Digital Servicesdate of execution (the “Account Information”). You agree to advise T1 immediately and on a going forward basis of any changes to the Account Information. You understand and agree that T1 is entitled to rely on the Account Information and has done so in determining to open your Account. You also authorize T1 to make use of any data bases it chooses to in order to confirm your Account Information and you also confirm that T1 is not responsible for advising you on tax matters as they may relate to use the Digital Services or the content or information delivered through the Digital Services in any way your Ac- count, Malta and/or your home jurisdiction. You further acknowledge and agree that would infringe any third- party copyrightT1 may, patentif requested to do so, trademark, trade secret, provide a government regulatory agency or other proprietary rights or rights entity of publicity or privacy, under equal standing and competence with information and data relating to your Account Information and the laws of any jurisdiction, including any rights in the Digital Services softwareyou use. c. You represent and warrant that all transactions that you initiate by use of the Digital Services are legal in the jurisdiction where you live and/or where the transaction occurred. You represent and warrant that you will not use the Digital Services for any illegal or unlawful transaction, including but not limited to: (i) false, misleading, inaccurate and/or fraudulent transactions or those that involve the sale of counterfeit or stolen items; (ii) the use of digital access to impersonate another person or entity; (iii) violation of any law, statute, ordinance or regulation (including but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);

Appears in 2 contracts

Sources: Customer Agreement, Customer Agreement

Your Representations and Warranties. a. You represent that you are the legal owner of the Accounts accounts and other financial information which may be accessed via the Digital Electronic Services. You represent and agree that all information you provide to us in connection with your use of the Digital Electronic Services is accurate, current, and complete, and that you have the right to provide such information to us. You agree that you will not misrepresent your identity or your Account account information. You agree to keep your Account account information up-to-date and accurate. You authorize us to debit your Account account for any transactions processed through Digital the Electronic Services, and for any fees incurred. You authorize us to initiate any reversing entry or reversing file, and to debit your Accounts accounts at the Credit Union or elsewhere, in order to correct any erroneous transaction. You agree to cooperate with any action to reverse a transaction that was made in error and to offset any benefit you receive against any loss we suffer. b. You represent and warrant that you will not copy, reproduce, distribute, or create derivative works from the Digital Electronic Services technology. You further represent and warrant that you will not reverse engineer or reverse compile any Digital Electronic Services technology, including but not limited to, any software or other mobile phone applications associated with the Digital Electronic Services. You agree not to use the Digital Electronic Services or the content or information delivered through the Digital Electronic Services in any way that would infringe any third- third-party copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy, under the laws of any jurisdiction, including any rights in the Digital Electronic Services software. c. You represent and warrant that all transactions that you initiate by use of the Digital Electronic Services are legal in the jurisdiction where you live and/or where the transaction occurred. You represent and warrant that you will not use the Digital Electronic Services for any illegal or unlawful transaction, including but not limited to: (i) false, misleading, inaccurate and/or fraudulent transactions or those that involve the sale of counterfeit tentially be perceived as illegal, offensive or stolen itemsobjectionable; (ii) the use of digital online or mobile access to impersonate another person or entity; (iii) violation of any law, statute, ordinance or regulation (including but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);unfair

Appears in 2 contracts

Sources: Electronic Services Disclosure and Agreement, Electronic Services Disclosure and Agreement

Your Representations and Warranties. a. You represent that you represent, warrant, and covenant that:  You are entering into this Agreement in Your professional capacity for trade, business, or professional purposes only, as a specialized services provider (if You are a Supplier), or as an operator in the field for which You seek a Supplier (if You are a Client), and not for your personal, family, or household purposes;  You possess the legal owner of right and ability to enter into this Agreement and to comply with its terms;  You will use the Accounts Avetta Services and other financial Site for lawful purposes only and in accordance with this Agreement and all applicable laws, regulations and policies;  You will only use the Avetta Services and Site on a computer and/or mobile phone on which such use is authorized by the computer's and/or mobile phone's owner;  the information which may be accessed via the Digital Services. that You represent provide is truthful and agree that all information you provide to us in connection with your use of the Digital Services is accurate, current, accurate and complete, and that you You have the right to provide such information information;  You are, at minimum, the age of majority in your jurisdiction of residence and You are an individual who is capable to usform legally binding contracts under applicable law on behalf of the entity You represent. You agree that you will not misrepresent your identity or your Account information. You agree to keep your Account information up-to-date and accurate. You authorize us to debit your Account for any transactions processed through Digital Services, and for any fees incurred. You authorize us to initiate any reversing entry or reversing file, and to debit your Accounts at the Credit Union or elsewhere, in order to correct any erroneous transaction. You agree to cooperate with any action to reverse a transaction that was made in error and to offset any benefit you receive against any loss we suffer. b. You represent and warrant that you will not copy, reproduce, distribute, or create derivative works from the Digital Services technology. You further represent and warrant that you will not reverse engineer or reverse compile any Digital Services technology, including but not limited to, any software or other mobile phone applications associated with the Digital Services. You agree not to use the Digital Services or the content or information delivered through the Digital Services in any way that would infringe any third- party copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy, under the laws of any jurisdiction, including any rights in the Digital Services software. c. You represent and warrant that all transactions that you initiate by use of the Digital Services are legal in the jurisdiction where you live and/or where the transaction occurred. You represent and warrant that you will not use the Digital Services for any illegal or unlawful transaction, including but not limited to: (i) o upload, post, email, transmit or otherwise make available any Content that is false, misleading, inaccurate and/or fraudulent transactions unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or those that involve racially, ethnically or otherwise objectionable; o use the sale of counterfeit Avetta Services or stolen itemsSite to harm minors in any way; (ii) o use the use of digital access Avetta Services or Site to impersonate another any person or entity, or otherwise misrepresent Your affiliation with a person or entity; (iii) violation o forge headers or otherwise manipulate identifiers in order to disguise the origin of any lawContent transmitted through the Avetta Services or Site; o remove any proprietary notices from the Site or the Avetta Services; o cause, statutepermit or authorize the modification, ordinance creation of derivative works, or regulation (including but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination translation of the Avetta Services or false advertising)Site without the prior written permission of Avetta;

Appears in 1 contract

Sources: End User Service Agreement

Your Representations and Warranties. a. You represent that you are the legal owner of the Accounts accounts and other financial information which may be accessed via the Digital Electronic Services. You represent and agree that all information you provide to us in connection with your use of the Digital Electronic Services is accurate, current, and complete, and that you have the right to provide such information to us. You agree that you will not misrepresent your identity or your Account account information. You agree to keep your Account account information up-to-date and accurate. You authorize us to debit your Account account for any transactions processed through Digital ServicesOnline Banking, and for any fees incurred. You authorize us to initiate any reversing entry or reversing file, and to debit your Accounts accounts at the Credit Union or elsewhere, in order to correct any erroneous transaction. You agree to cooperate with any action to reverse a transaction that was made in error and to offset any benefit you receive against any loss we suffer. b. You represent and warrant that you will not copy, reproduce, distribute, or create derivative works from the Digital Electronic Services technology. You further represent and warrant that you will not reverse engineer or reverse compile any Digital Electronic Services technology, including but not limited to, any software or other mobile phone applications associated with the Digital Electronic Services. You agree not to use the Digital Electronic Services or the content or information delivered through the Digital Electronic Services in any way that would infringe any third- third-party copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy, under the laws of any jurisdiction, including any rights in the Digital Electronic Services software. c. You represent and warrant that all transactions that you initiate by use of the Digital Electronic Services are legal in the jurisdiction where you live and/or where the transaction occurred. You represent and warrant that you will not use the Digital Electronic Services for any illegal or unlawful transaction, including but not limited to: (ia) false, misleading, inaccurate and/or fraudulent transactions or those that involve the sale of counterfeit or stolen items; (iib) the use of digital online or mobile access to impersonate another person or entity; (iiic) violation of any law, statute, ordinance or regulation (including but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (d) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (e) potentially be perceived as illegal, offensive or objectionable; (f) interfere with or disrupt computer networks connected to Online Banking;

Appears in 1 contract

Sources: Online and Mobile Banking Agreement

Your Representations and Warranties. a. You represent that you are the legal owner of the Accounts and other financial information which may be accessed via the Digital Services. You represent and agree that all information you provide to us in connection with your use of the Digital Services is accurate, current, and complete, and that you have the right to provide such information to us. You agree that you will not misrepresent your identity or your Account information. You agree to keep your Account information up-to-date and accurate. You authorize us to debit your Account for any transactions processed through Digital Services, and for any fees incurred. You authorize us to initiate any reversing entry or reversing file, and to debit your Accounts at the Credit Union or elsewhere, in order to correct any erroneous transaction. You agree to cooperate with any action to reverse a transaction that was made in error and to offset any benefit you receive against any loss we suffer. b. You represent and warrant that you will not copy, reproduce, distribute, or create derivative works from have the Digital Services technology. You further represent authority to access and warrant that use the Application and you will not reverse engineer pay all Fees required in connection with access and use of the Application, which are incorporated herein by reference. The Application may offer you the opportunity to make or reverse compile any Digital Services technologytransmit data or communications or upload, including but not limited tosubmit or otherwise supply data and other content, any software or other mobile phone applications associated with which may include (i) data related to events and services offered through the Digital ServicesApplication and messages, comments, texts, pictures, and photographs exchanged between you and another user and (ii) ratings, reviews, ideas, suggestions, questions and improvements provided to us ((i) and (ii) collectively “User Data”). You agree not to use the Digital Services supply any User Data to TESS or the content or information delivered through the Digital Services Application that is illegal, intentionally false or misleading, or injurious to us or anyone else, or which infringes on the intellectual property rights of any third party or otherwise violates the Agreement. You may not imply that any User Data is in any way sponsored or endorsed by TESS or that would infringe any third- party copyright, patent, trademark, trade secret, TESS guarantees the accuracy or other proprietary rights or rights of publicity or privacy, under the laws security of any jurisdiction, including any rights in the Digital Services software. c. You represent and User Data. We do not warrant that all transactions that User Data you initiate by use of come in contact with, on, or through the Digital Services are legal in the jurisdiction where you live and/or where the transaction occurredApplication complies with this Agreement. You represent and warrant that you will own or otherwise control and/or have authorization to transmit, upload, submit, or otherwise supply your User Data, that your User Data is accurate, and that use of your User Data does not violate this Agreement. Whenever transmitting, uploading, submitting or otherwise supplying User Data directly to us, including in the form of ratings, reviews, ideas, suggestions, questions and improvements, you agree that you are granting us a royalty-free, non-exclusive, universal, perpetual, irrevocable, sublicensable, commercial and non- commercial right to use, distribute, sell, publish, and otherwise make use of such User Data. You warrant to us that you have the Digital Services right to grant us these rights to such User Data. TESS takes no responsibility and assumes no liability for any illegal User Data transmitted, uploaded, submitted, or unlawful transactionotherwise supplied by you or any third party. You acknowledge that you (not TESS) are responsible for addressing any third-party claims relating to your use or possession of the Application, including but not limited toand agree to notify TESS of any third- party claims relating to the Application of which you become aware. Furthermore, you hereby release TESS from any liability resulting from your use or possession of the Application, including, without limitation, the following: (i) false, misleading, inaccurate and/or fraudulent transactions or those that involve the sale of counterfeit or stolen itemsany product liability claims; (ii) any claim that the use of digital access Application fails to impersonate another person conform to any applicable legal or entityregulatory requirement; and (iii) violation any claim arising under consumer protection or similar legislation. TESS complies with the requirements of the Digital Millennium Copyright Act (“DMCA”). TESS may terminate your Account and this Agreement with you or any other user of the Application who infringes on the copyrights of another. If you have any concerns or believe that any content on or through the Application in any way constitutes copyright infringement, please contact the agent designated below, who has been designated to respond to reports alleging copyright infringement. Provide the DMCA Agent with the following information in writing (either via paper mail or electronic mail): • A physical or electronic signature of the copyright holder or a person authorized to act on his or her behalf; • A description of the copyrighted work claimed to have been infringed; • A description of the material that is claimed to be infringing or to be the subject of infringing activity, and its location on the Application; • Your address, telephone number, and, if available, an email address; • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and • A statement that the information in your notice is accurate, statuteand under penalty of perjury, ordinance or regulation (including but not limited to, those governing export control, consumer protection, unfair competition, antiand that you are authorized to act on behalf of the owner of the allegedly infringed copyright. Contact Information of TESS’s DMCA Agent: ▇▇▇▇@▇▇▇▇-discrimination or false advertising);▇▇▇▇▇▇.▇▇▇.

Appears in 1 contract

Sources: End User License Agreement

Your Representations and Warranties. a. 9.1 Without derogating from, and in addition to, any of your other representations, warranties, covenants and obligations contained in this Agreement, you hereby represent and warrant to us the following: (1) the execution, delivery and performance by you of this Agreement and the consummation by you of the transactions contemplated hereby will not conflict with or violate any provision of law, rule, regulation or agreement to which you are subject to; (2) you are not under the age of either (i) 18, or (ii) the age at which gambling activities are legal under the law of the jurisdiction that applies to you, whichever is greater; (3) you are not a resident of any of the Excluded Territories; (4) you are not involved or intend to be involved in or are aware of any act or traffic that involves your site and that constitutes or can be reasonably expected to constitute Fraud or illegal activity, including but not limited to money laundering, under any applicable law, rule or regulation; (5) you will not knowingly and deliberately direct to the Sites Users involved in Fraudulent activity; and (6) by participating in our Affiliate Program, you acknowledge that you do not find our services to be offensive, objectionable or unfair in any way. (7) You represent that you are have evaluated the legal owner laws relating to your activities and obligations hereunder and you have independently concluded that you can enter this Agreement and fulfil your obligations hereunder without violating any applicable rule of law. (8) You shall not upload or distribute any files or data that contain viruses, corrupted files or any other type of files or data that may affect the performance of the Accounts services and/or site(s) in our affiliate network. (9) You will not use any device, robot or other method, to try and other financial information which may be accessed via interfere with the Digital Services. You represent and agree that all information proper functioning of the Services and/or Site(s). (10) The players you provide refer to us in connection with your use are of legal age under the Digital laws that are applicable to them for the purpose of using the Services is accurate, current, and complete, and that you have the right to provide such information to us. and/or Site(s). (11) You agree that you will not misrepresent conduct criminal, unlawful or unauthorized activities and/or allow your identity or your Account information. You agree to keep your Account information up-to-date and accurate. You authorize account with us to debit your Account be used for any transactions processed through Digital Servicescriminal or otherwise unlawful activities, and for under any fees incurred. You authorize us law applicable to initiate any reversing entry you or reversing file, and to debit your Accounts at the Credit Union or elsewhere, in order to correct any erroneous transaction. You agree to cooperate with any action to reverse a transaction that was made in error and to offset any benefit you receive against any loss we sufferus. b. (12) You hereby represent warrant and warrant that you will not copyundertake to comply with all applicable laws (including, reproduce, distribute, or create derivative works from the Digital Services technology. You further represent and warrant that you will not reverse engineer or reverse compile any Digital Services technology, including but not limited to, any software or other mobile phone applications associated with the Digital Services. You agree not laws relating to use the Digital Services or the content and nature of any advertising or information delivered through the Digital Services in any way that would infringe any third- party copyrightmarketing, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy, under the laws of data protection, spam and money laundering) and any jurisdiction, including policy notified by us through our site or otherwise in relation to any rights in the Digital Services software. c. You represent and warrant that all transactions that you initiate by use of the Digital Services are legal in the jurisdiction where you live above, and/or where the transaction occurred. You represent and warrant that you will not use the Digital Services for any illegal or unlawful transaction, including but not limited to: (i) false, misleading, inaccurate and/or fraudulent transactions or those that involve the sale of counterfeit or stolen items; (ii) the use of digital access to impersonate another person or entity; (iii) violation of any law, statute, ordinance or regulation (including but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);suspicious transactions.

Appears in 1 contract

Sources: Affiliate Agreement

Your Representations and Warranties. a. You represent that you are the legal owner of the Accounts and other financial information which may be accessed via the Digital Services. You represent and agree that all information you provide to us in connection with your use of the Digital Services is accurate, current, and complete, and that you have the right to provide such information to us. You agree that you will not misrepresent your identity or your Account information. You agree to keep your Account information up-to-date and accurate. You authorize us to debit your Account for any transactions processed through Digital Services, and for any fees incurred. You authorize us to initiate any reversing entry or reversing file, and to debit your Accounts at the Credit Union or elsewhere, in order to correct any erroneous transaction. You agree to cooperate with any action to reverse a transaction that was made in error and to offset any benefit you receive against any loss we suffer. b. 11.1 You represent and warrant that you will not copy, reproduce, distribute, or create derivative works from the Digital Services technology. that: a. You further represent are at least eighteen (18) years of age; b. You are eligible to register for and warrant that you will not reverse engineer or reverse compile any Digital Services technology, including but not limited to, any software or other mobile phone applications associated with the Digital Services. You agree not to use the Digital Services or the content or information delivered through the Digital Services in any way that would infringe any third- party copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy, under the laws of any jurisdiction, including any rights in the Digital Services software.Singlife App; c. You represent have the full right, power, and warrant legal authority to enter into this Agreement; d. You will provide to Us all such information and documents as We may require for Us to verify Your identity (or any person acting on Your behalf) or for Our compliance with any applicable law or for any other reason when You apply for the Singlife App or at any time thereafter and You will notify Us immediately of any updates to such information and documents; e. Any information or documents that You provide to Us is accurate, complete and not misleading in any respect at all transactions that you initiate by times during Your use of the Digital Services are legal in the jurisdiction where you live and/or where the transaction occurred. withdrawal of funds from your Singlife Account by way of a bank transfer to your designated bank account and your right to make payment to 3rd party merchants using funds from your Singlife Account via PayNow UEN; f. You represent and warrant that you will not use the Digital Services PayNow UEN for engaging in any transactions which: i. Are illegal or have any illegal purpose or unlawful transactionviolate any applicable law, including but not limited to: (i) false, misleading, inaccurate and/or fraudulent transactions statute or those that involve regulation; ii. Give rise to civil or criminal liability; iii. Involve the sale and purchase of counterfeit goods or stolen itemsservices that are illegal or the sale and purchase of products or services identified by government agencies to have a high likelihood of being fraudulent; (ii) or iv. Are part of or connected to a money transfer mechanism to transfer funds to a third party which does not relate to an underlying transaction of goods and services. 11.2 The following interpretation provisions apply to this Agreement: a. The singular includes the use plural where applicable and vice versa. A gender includes all genders. b. This Agreement is binding on and enforceable against You, Your heirs, personal representatives, administrators, executors and successors in title. c. The headings used in this Agreement are for ease of digital access to impersonate another person or entity; (iii) violation reference and shall not affect the interpretation of any lawprovision. d. Unless otherwise provided, statute, ordinance any reference to any statute or regulation (including but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination legislation shall be deemed a reference to such statute or false advertising);legislation as amended from time to time or to a newly adopted statute or legislation replacing a repealed statute or legislation and be deemed to include any subsidiary legislation made thereunder. e. Any reference to a person shall include a corporate entity or other legal entity.

Appears in 1 contract

Sources: Singlife Account Withdrawal & Payment Terms and Conditions