Unless otherwise defined herein, all terms used in this Acknowledgment shall have the same meaning ascribed to them in the General Terms & Conditions.
Pursuant to the online application on the Website, you hereby request the opening of a Brokerage Account with the Brokerage Company.
You acknowledge that:
Whereas:
NOW THEREFORE, the Parties have agreed with their full legal competence and free will to enter into this Agreement on the terms and subject to the conditions set out below:
1.1. The following words and terms shall where not inconsistent with the context have the following meanings:
1.2. Unless the context otherwise requires:
1.3. The entirety of the online application filed on the Website, Acknowledgment by the Client, along with the recitals, the cover and attachments to this Agreement are considered an integral part hereof and shall be read as one for all purposes.
1.4. The Parties shall implement this Agreement in good faith as per its provisions and in accordance with Applicable Laws.
2.1. The Client acknowledges that:
2.2. The Client confirms and undertakes that the information provided to the Brokerage Company in the online application and any documents submitted is true and complete and that it has not concealed any relevant information from the Brokerage Company of which the Brokerage Company should be made aware. The Client undertakes to notify the Brokerage Company immediately in writing of any changes to the information provided in the online application. The Client agrees to indemnify and hold harmless the Brokerage Company from and against any liability, loss, damages, claims, lawsuits, or expenses of any other nature, suffered or incurred by the Brokerage Company arising out of or in connection with or as a result from the Client having provided the Brokerage Company with inaccurate or incomplete information and/or documentation.
2.3. The Client declares that:
2.4. The Client confirms that all the assets / funds to be invested by us have been lawfully acquired and are not derived from, either directly or indirectly, or otherwise connected with any criminal, illegal or unlawful activity. The Client further confirms that it is in full compliance with applicable AML Laws, rules or regulations, and no such laws, rules, and regulations have been breached or contravened. We declare that the above-mentioned information is true and correct to the best of our knowledge and belief and I/we undertake to inform you of any changes therein, immediately. In case any of the above information is found to be false or untrue or misleading or misrepresenting, I am/we are aware that I/we may be held liable for it. We accept that you will rely on this information to fulfil all of its regulatory requirements.
2.5. I, the undersigned, hereby acknowledge that I have knowledge and understanding about the types of financial products that the Brokerage Company deals in and their services. I have knowledge and understanding about the suitability of the products and markets where I will invest, and the Brokerage Company operates in. I understand the risks pertaining to my orders/investments, any investment/order is my own responsibility, and the Brokerage Company will not be held legally/ financially responsible in any case, whatsoever. I also undertake to update information every [three years] or when such an update is required and will notify the Brokerage Company about any changes.
2.6. I, the undersigned, hereby acknowledge and consent that, the Brokerage Company can earn interest/return on clients’ fund deposited with the Brokerage Company for trading purposes. Client will always have access to its funds for trading purposes.
2.7. I/We hereby certify that the information provided under the online application and this Agreement is true and accurate. I/We confirm that I/We have given my/our consent to the Brokerage Company for processing the information provided under this Agreement as per the Federal Decree Law No. 45 of 2021 Concerning the Protection of Personal Data. I/We confirm that, under no circumstances shall the Brokerage Company, its employees or its contractors be liable for any direct, indirect, incidental, special, punitive consequential damages that may result in any way from their reliance on the information provided under the online application and herein. I/We confirm that l/we have provided this FATCA self-certification willingly, without advice or help from the Brokerage Company. I/ We understand that providing false information, withholding relevant information, or responding in a misleading way may result in the rejection of the application or other appropriate action taken against me/us and/or the applicant. I/We understand that the Brokerage Company may be required to make disclosures in relation to the information contained herein to appropriate government authorities and/or other regulatory authorities locally/internationally and vide this document. I/We irrevocably permit the Brokerage Company to make such disclosures to any such authorities without obtaining further written or oral permission from me. This document shall form an integral part of and always be read in conjunction with the online account application form and its underlying terms and conditions.
2.8. I understand that the information supplied by me is covered by the full provisions of the terms and conditions governing the Account Holder’s relationship with the Brokerage Company setting out how the Brokerage Company may use and share the information supplied by me. I acknowledge that the information contained under the online application form, and this Agreement and information regarding the Account Holder and any Reportable Account(s) is / are maintained and exchanged with tax authorities of the countries in which the Account Holder may be tax resident pursuant to intergovernmental agreements to exchange financial account information, I certify that I am the Account Holder (or am authorized to sign for the Account Holder) for all account(s) to which this form relates. I declare that all statements made in this declaration are to the best of my knowledge and belief, correct and complete. I undertake to advise the Brokerage Company within 30 days of any change in circumstances which affects the tax residency status of the individual identified in this form or causes the information contained herein to become incorrect, and to provide the Brokerage Company with a suitably updated self-certification and Declaration within 90 days of such changed circumstances.
2.9. I hereby declare that I want to register for and operate a securities trading service through the Brokerage Company using smart devices and securities trading service through the internet. I understand and have knowledge of all the terms and conditions for smart device usage for stock trading issued by the Company as well as the general rules issued by the SCA. I take full responsibility for the transactions that take place through the smart device service. I understand and am well aware of all risks involved and take full responsibility for preserving and securing the username and password for the service.
3.1. The Client is aware and agrees that the Brokerage Company shall not be held responsible for any consequences that may arise from the execution of any Trade If the Market, SCA or any governmental authority modifies, cancels, or materially affects a transaction for any reason whatsoever.
4.1. The Client shall quote its name, legal capacity (whether on its own or through an Authorised Representative) and the Brokerage Account number while issuing any Instructions.
4.2. When issuing an Instruction, the Client shall provide the Brokerage Company with specific details in relation to the Trade, including the date and time of the Instruction, the name and type of the Security, whether it is a sale or purchase, the number of Securities, the execution price, the execution date, period of validity of the Instruction, and any other information that the Brokerage Company may request in order to execute the Client’s instruction.
4.3. The Client must deliver its Instruction to the Brokerage Company in writing, through the Internet Trading System, orally through a recorded telephone line or by Electronic Instructions, or any other electronic means acceptable to the Brokerage Company, provided that, in the case of a written Instruction, such Instruction must be signed by the Client or its Authorised Representative (as defined under Clause 4.12).
4.4. In case Instructions are received by the Brokerage Company over telephone, the Client shall provide all necessary information to enable the Brokerage Company to confirm the Client’s identity.
4.5. Instructions Email must be signed by the customer or its Authorized Representative. The Email must be sent from the registered email address with the Brokerage Company, and in the case of an Email from another email address, the Brokerage Company may confirm with the client before execution and if the required information is not clear in the Email, the Brokerage Company may refrain from carrying out the trading process. In all cases, the client is obligated to mention the investor’s number and the brokerage account number assigned to him.
4.6. Any Instructions delivered by the Client to the Brokerage Company shall not be binding on the Brokerage Company until it has actually been received and accepted by the Brokerage Company.
4.7. The Client shall deposit with the Brokerage Company the amount of securities to be bought in its Brokerage Account prior to the Brokerage Company effecting the Trade and/or the Client undertakes to settle its obligations as per the settlement provisions in the SCA Law.
4.8. The execution of Trades by the Brokerage Company shall at all times be in accordance with the Client’s Instructions, subject to the Market Regulations and Applicable Laws and the Brokerage Company shall not execute any Trade in favour of the Client except after obtaining the Instructions.
4.9. The Client acknowledges that Instructions may be carried out only on such days and at such times when the Brokerage Company and the relevant Market are open for business.
4.10. Instructions may be cancelled or amended in the same manner as they may be given, or any other manner approved by the Brokerage Company. Cancellation and amendment of Instructions shall be subject to timely receipt by the Brokerage Company of such instructions and shall be limited to the unexecuted portion of any previously cancelled or amended Instruction.
4.11. The Client shall immediately notify the Brokerage Company in writing of the identity of the persons mandated or authorised to give Instructions on the Client’s behalf (the “Authorised Representative(s)”). The Client shall include the details of the Authorised Representative in its notification, including its name, details of the delegation, whether in the form of a written proxy or a power of attorney, and specify the limits of such authorisation. If the Client authorises more than one person, each of such persons shall have the relevant authorisation to act on the Client’s behalf (whether in the form of a written proxy or a power of attorney).
4.12. Instructions received from any Authorised Representative shall be considered valid and binding on the Client. The Brokerage Company shall not be held liable for the consequences of any action, which it may take in executing such Instructions. The Client shall indemnify and hold harmless the Brokerage Company from and against any liability, loss, damages, claims lawsuits or expenses of any nature suffered or incurred by the Brokerage Company arising out of or in connection with or as a result of the Brokerage Company acting, in good faith, on such Instructions, except in the case of the Brokerage Company’s fraud or wilful misconduct. The Client agrees that the legal and financial responsibility and liability shall be borne by the Client as a result of the expiry or cancellation of the authority granted to an Authorised Representative who is registered with the Brokerage Company. The Client shall duly and promptly inform the Brokerage Company if the delegation granted to an Authorised Representative has been cancelled or expired.
4.13. The Client acknowledges that the Brokerage Company will exert due care when executing Instructions, but shall not bear any liability for any loss, fall in prices or expenses whatsoever incurred by the Client resulting from any delay in executing any Trade, including any change in Market conditions before a particular Trade Is executed, unless such delay is attributable to the fraud or wilful misconduct of the Broker.
5.1. The Client shall promptly settle all fees due and payable to the SCA, the Market and the Brokerage Company in accordance with the Market Regulations and any decisions issued by the SCA and the Market with regard to any executed Trade entered into for and on behalf of the Client. The Client shall also be responsible for payment to the Brokerage Company of any commissions agreed upon between the Parties. The commission payable to the Brokerage Company is available on the Website and can be accessed at www.intlsecurities.ae/schedule-of-fees-and-interest.
6.1. The Client undertakes, confirms, and agrees that it shall:
6.2. The Client will indemnify and hold harmless the Brokerage Company from any liability, loss or damage suffered or incurred by the Brokerage Company arising out of or in connection with or as a result of:
6.3. The Client acknowledges having read and understood this Agreement and agrees that this Agreement will govern the Client’s relationship with the Brokerage Company.
6.4. Any Client being a legal entity represents and warrants that it has obtained all necessary consents and taken all necessary actions (including any action required under its constitutive documents) to authorise it to enter into this Agreement and to perform its obligation hereunder.
6.5. The Client agrees, in respect of this Agreement, that the Brokerage Company may suspend the provision of brokerage services to the Client if the Client violates the Applicable Laws.
7.1. The Brokerage Company will work in good faith to serve the interest of the Client and will exert due care when executing any Trade in accordance with the Client’s instructions.
7.2. The Brokerage Company shall not be liable for loss of the Client’s Securities resulting directly or indirectly from bankruptcy, placing under custody or liquidation of any clearing broker, or any member of the clearinghouse or any other entity.
7.3. The above limitations on the Brokerage Company’s liability apply in so far as they are not inconsistent with the Brokerage Company’s obligations under Applicable Laws.
7.4. The Brokerage Company shall undertake to notify the Client in writing (whenever possible) or by telephone, email, Mobile App, or any other means regarding every Trade executed on behalf of the Client as soon as the Trade is executed.
7.5. The Brokerage Company has the right to verify the availability of funds in the Client’s Brokerage Account, prior to executing Instructions issued by the Client. The Brokerage Company may refuse to carry out any Trade due to the non-availability of sufficient funds in the Brokerage Account.
7.6. The Brokerage Company shall provide to the Client quarterly statements of all Trades executed by it on behalf of the Client. The Client may also request a detailed statement at any time.
7.7. The Brokerage Company shall obtain a statement of the Client’s bank account to which the cash distributions of the Client’s dividends must be transferred, and such statement must be signed by the Client to confirm his acceptance thereof.
8.1. The Client and the Brokerage Company agree that any of the following shall be sufficient evidence for the Brokerage Company to execute a Trade on behalf of the Client.
8.2. The Brokerage Company may rely on instructions which purport to have been given by the Client or an Authorised Representative and which the Brokerage Company reasonably accepts in good faith to have been given by the Client or the Authorised Representative (as the case may be). The Brokerage Company will not be obliged to confirm the authenticity of such instruction, provided that the Brokerage Company takes all necessary measures to verify the identity of the Client or the Authorised Representative (as the case may be). Without prejudice to the provisions of Clause 7, the Brokerage Company shall not be liable to the Client for any losses or other liabilities arising from any of the following:
8.3. All notices and correspondence sent by the Brokerage Company to the Client (regardless of how it was sent) shall be considered received personally by the Client at the time of dispatch. However, instructions and correspondence sent by the Client to the Brokerage Company shall be considered valid when actually received by and agreed to by the Brokerage Company.
9.1. The Client acknowledges and agrees that giving Instructions by telephone, or internet (whether via the Internet Trading System, email, Mobile App or otherwise) is not a completely reliable, secure, and confidential means of communication.
9.2. The Client shall take the necessary care to ensure that no unauthorised person issues any Electronic Instruction on behalf of the Client, including complying with its obligations under Clause 4.12
9.3. If the Client chooses to issue Electronic Instructions, it does so entirely at its own risk. Accordingly, the Client shall indemnify and hold harmless the Brokerage Company from any liability, loss, damages, claims, lawsuits, or expenses of any other nature suffered or incurred by the Brokerage Company arising out of or in connection with or as a result of:
9.4. The Brokerage Company may in its sole discretion contact the Client at any time to verify the authenticity of any Electronic Instruction purported to be provided by the Client. The Client acknowledges and agrees that if the Brokerage Company attempts to contact the Client but is unable to confirm and/or verify the authenticity of the Electronic Instruction, the Brokerage Company may, in its sole discretion, elect not to execute it.
9.5. The Client acknowledges the risk that communications, instructions, claims, and documents transmitted to or from the Brokerage Company through an electronic channel may be intercepted, monitored, altered, compromised, contain malicious software, or be subject to interference by third parties, not within the control of the Brokerage Company. The Client further acknowledges and consents that the Brokerage Company is not accountable or liable to the Client or any third party for any losses arising from such events. The Client waives all claims of whatsoever nature in relation to these occurrences.
9.6. Phone calls may be recorded for training and control purposes. The Client consents that calls pertaining to Client orders are recorded in compliance with SCA regulations.
10.1. The Client agrees that upon receiving official instructions issued by the SCA, Market or any competent court in the UAE, the Brokerage Company shall have the right to close, suspend or freeze any dealings on the Brokerage Account without any liability whatsoever on the Brokerage Company.
10.2. The Client acknowledges that the Brokerage Company shall also have the right to close the Brokerage Account if the Client provides the Brokerage Company with any incorrect information, misuses the Brokerage Account, or violates the Applicable Laws.
11.1. This Agreement will take effect on the date the Brokerage Company receives from the Client, fully complete Brokerage Account opening form, submitted online (including the Client’s online consent to comply with this Agreement) and all required documents, in the format and language acceptable to the Brokerage Company (the “Effective Date”).
11.2. The term of this agreement shall run for [one year] from the Effective Date and shall be automatically renewed until it is terminated.
11.3. This Agreement may be terminated by either Party:
11.4. Termination of the Agreement shall not affect the Brokerage Company’s ability to complete all outstanding or pending transactions committed to for and on behalf of the Client. The Brokerage Company shall not, however, following termination, enter into any further obligations or transactions on behalf of the Client.
11.5. In any event, termination of the Agreement will not prejudice any of the Parties’ outstanding obligations which have arisen under the Agreement. Such obligations will remain valid and effective as between the Parties until such obligations are discharged.
11.6. The Brokerage Company is hereby authorised, if the Client is unable to pay all amounts due and payable to the Brokerage Company, to deduct from the Brokerage Account such amounts as necessary to settle the amounts.
12.1. Subject to any disclosure required to be made under Applicable Laws, including to any applicable governmental authorities, the Brokerage Company shall maintain the confidentiality of Client data, transactions, orders and Instructions and not utilize them for any other purpose other than the purpose agreed under this Agreement. The personal data of the Client shall be processed for the purpose for which it has been obtained or such similar purpose and for the duration required for the purpose to be completed, as required under Applicable Laws.
13.1. In the event that any provision of this Agreement is or becomes illegal, invalid or unenforceable as per any law or regulation issued by any relevant governmental or regulatory authority in the UAE, any such action shall not affect the legality, validity or enforceability of the remaining provisions of the Agreement.
14.1. All correspondence, communications and notices shall be sent to the address, telephone number, email address, SMS, Mobile App (as the case maybe) as indicated in the online Brokerage Account opening form or to such other contact particulars as a Party may from time to time notify the other in writing.
15.1. The Brokerage Company may amend any provisions of this Agreement provided it notifies the Client through the designated Notification Channels in compliance with Applicable Law with a copy of the proposed amendments to this Agreement (including but not limited to providing a hyperlink for the Client to access such proposed amendments). The Client shall provide its acceptance in the manner prescribed under such Notification Channels.
15.2. Any such amendments will become effective on the date which may stipulated by the Brokerage Company under such notice of amendment.
15.3. The Client acknowledges that to the extent the Client continues to deal with Brokerage Company after the effective date of such amendment, whether by using the Brokerage Account, providing Instructions or utilizing a service provided by the Brokerage Company, the Client shall be deemed to have accepted the amendments to this Agreement.
15.4. In the event of amendment of this Agreement, and the Client:
communicates his/her objection to the Brokerage Company within fifteen (15) days following the issuance of the amendment notice through the Notification Channels, the Client reserves the right to request the closure of its Brokerage impacted Account. This request will be facilitated without incurring any charges, provided there are no outstanding liabilities owed to the Brokerage Company.
15.5. The Client shall be deemed to unconditionally approve any amendment or addition to any Clause or provision of this Agreement if so required by the Market or the SCA in accordance with Applicable Law, provided that the Client has been notified of the amendment or addition made to this Agreement at the requirement by the Market or the SCA, within a period not exceeding 30 (thirty) days after the amendment or addition is made.
16.1. This Agreement shall be governed and construed in accordance with the laws of the UAE.
16.2. The Parties submit to the exclusive jurisdiction of the Courts of the UAE as applicable in the circumstances of any given claim, dispute or differences which may arise hereunder.
17.1. This Agreement was made in Arabic and English languages. In the event of any discrepancy between the Arabic and English language, the Arabic text will prevail.
17.2. By clicking on the “I accept” button, the Client is consenting to be bound by the terms of, and becomes a party to, this agreement. This Agreement will become valid, effectual, and binding on the parties from the date of such acceptance.
18.1. The Brokerage Company is obligated to follow the procedures for dealing and investigating any complaint submitted by the client and dealing with it in a fair, consistent, and prompt manner.
18.2. Complaints should be submitted by e-mail to compliance@intlsecurities.ae or on the phone at +97124942777.
18.3. The Brokerage Company shall verify the complaint.
18.4. The customer is periodically notified about the procedures taken in handling the complaint.
18.5. The Customer shall be notified by a dated letter of the decision taken in the complaint.
18.6. In the event of finding that another party is wholly or partly responsible for the subject matter of the complaint, the complainant shall be notified by a dated letter, and in the event of the complainant’s approval, it shall be referred immediately, with a written notification to the complainant of the date the complaint was referred, the person responsible for the complaint in the entity referred to it, and contact details And communication, and if the complainant refuses the referral or does not respond to the dated letter within a period not exceeding (10) working days, it will be considered within the limits of the available documents and information.
These specific terms & conditions for electronic signature (“Special T&Cs for Electronic Signature”) apply to your Electronic Signature (as defined below), in conjunction with the General Terms and Conditions for Brokerage Accounts. In cases where these Special T&Cs for Electronic Signature contradict the Account Terms, these Special T&Cs for Electronic Signature will take precedence concerning application of your Electronic Signature. The term 'Electronic Signature' (hereinafter referred to as 'E-Signature') holds the meaning ascribed in Federal Law No. (46) of 2021 On Electronic Transactions and Trust Services, along with any subsequent amendments.
19.1. By selecting "I Accept," you are electronically acknowledging and endorsing these Special T&Cs for Electronic Signature. You thereby provide your consent to be legally obligated by the specific terms and conditions outlined in these Special T&Cs for Electronic Signature. You acknowledge that your E-Signature holds the same legal effect and evidential weight as your physical signature under these Special T&Cs for Electronic Signature.
19.2. Furthermore, you acknowledge that your utilization of a keyboard, mouse, or any other device to click on a tick box, an item, button, icon, or any similar action while dealing with the Brokerage Company, whether it involves accessing the Brokerage Company's Website, its system, Mobile App, or executing any Trade or any other transaction related to any agreement, recognition, consent, disclosure, or condition, constitutes your endorsement, acceptance, and agreement. This acknowledgment is deemed to have been made by means of a wet ink signature.
19.3. You further acknowledge that no certification authority or third-party verification is necessary to validate your E-Signature. The absence of such certification or third-party validation does not impact the legal validity and enforceability of your E-Signature or any ensuing contract between you and the Brokerage Company.
19.4. You further confirm that you possess the authorization to enter into these Special T&Cs for Electronic Signatureon behalf of all individuals who own or have authorization to access any of your accounts. Such individuals will be bound by the conditions stipulated in these Special T&Cs for Electronic Signature. These Special T&Cs for Electronic Signature shall govern all future electronic or online applications filed by the Client in relation to any services provided by the Brokerage Company to the Client, and you shall be bound by the terms and conditions as set out under these Special T&Cs for Electronic Signature, as may be amended from time to time.
19.5. You hereby explicitly grant consent to the Brokerage Company to exclusively deliver all requisite notices, disclosures, authorizations, acknowledgments, and other documents electronically (whether through the Notification Channels or otherwise), throughout the duration of your association with the Brokerage Company.
20.1. The Brokerage Company may permit the opening of Brokerage Accounts for minors by their guardian, subject to Applicable Law and the internal policies of the Brokerage Company. These Brokerage Accounts can only be operated by the guardian of the minor until the minor reaches the age of majority as defined by Applicable Law.
20.2. The guardian's responsibilities include:
Any schedules, exhibits and annexes attached to this ETRADE agreement shall be considered as an integral part thereof and shall be interpreted accordingly.
1.1. The Brokerage Company has made available an Internet Trading System through which the Client may issue Instructions to the Brokerage Company.
1.2. The Brokerage Company hereby grants the Client a limited, non-exclusive, and non-transferable license to use the Internet Trading System until the earlier of the termination by the Brokerage Company of the Client’s use of the Internet Trading System or the termination of this Agreement.
1.3. The Brokerage Company shall provide the Client with a User ID and Password which the Client must use to access the Internet Trading System. The customer must also maintain the confidentiality of this information, and the customer is legally liable for its misuse. If the Client enters wrong or incorrect OTP (second verification) consecutively for more than 3 (three) times, the Client’s account will be blocked, and the Client shall immediately notify the Brokerage Company.
1.4. The Brokerage Company may suspend or terminate the Client’s use of the Internet Trading System by advance notification to the Client. The Brokerage Company will have the right to suspend or terminate Client’s use of the Internet Trading System without notifying the Client in advance, including in circumstances where:
1.5. The Brokerage Company shall not charge the Client any fees (other than any fees relating to the execution of a Trade) in relation to use of the Internet Trading System but reserves the right to do so at any time. In the event that the Brokerage Company exercises its right to charge any fees, it shall first notify SCA and then notify the Client in writing at least twenty (20) working days prior to the application of such fees. If no objections are raised by the Client within ten (10) days from the date of such notice, the Brokerage Company will assume that such fees are accepted by the Client. The fees payable to the Brokerage Company is available on the Website and can be accessed at www.intlsecurities.ae/schedule-of-fees-and-interest.
1.6. The Client shall, in addition to the terms of this ETRADE agreement, comply with any additional terms and conditions related to the use of the Website and Internet Trading System which are or may become available on the Website.
1.7. The Client is fully responsible for maintaining and safekeeping the User ID and Password.
1.8. The Client shall be solely responsible for ensuring that:
1.9. Unless and until the Client notifies the Brokerage Company of the loss, theft, or disclosure of its Security Information, the Client will be responsible for any Trade effected by the Brokerage Company as a result of the unauthorised use of the Client’s Security Information and will hold harmless the Brokerage Company from any liability arising out of such unauthorised use.
1.10. Upon receipt of a written notice from the Client pursuant to Clause 1.8 (B) above, the Brokerage Company shall, as soon as practicable, cancel the User ID and Password and issue a new User ID and Password to the Client.
1.11. The Brokerage Company will try to ensure the accuracy, adequacy and completeness of the Brokerage Company Website and the Internet Trading System, however:
1.12. Intellectual Property Rights in all Information, publications, applications and/or other materials contained in or relating to the Website and the Internet Trading System are owned by the Brokerage Company. All rights are reserved by the Brokerage Company and no proprietary rights or ownership rights vest in the Client by reason of any permission or access granted by the Brokerage Company to the Client to use the Website and the Internet Trading System.
1.13. In addition to the quarterly statement specified in Clause 7.6, the Brokerage Company shall provide to the Client monthly statements of all Trades executed by it on behalf of the Client through the Internet Trading System.
Whereas:
The Client entered into a brokerage services agreement with the Brokerage Company, accordingly any schedules, exhibits and annexes attached to this agreement shall be considered as an integral part thereof and shall be interpreted.
The Brokerage Company has made available a Mobile App through which the Client may issue Instructions to the Brokerage Company.
In connection with any Mobile Instructions, THE CLIENT HEREBY ACKNOWLEDGES AND AGREES AS FOLLOWS:
For the purposes of this Form, the following words will have the following meanings:
2.1. The Brokerage Company will provide the Client with a User ID and Password.
2.2. To log on to the Mobile App, the Client must enter its Security Information and any other information requested by the Brokerage Company. The Brokerage Company will not be responsible for verifying the identity of the party entering the Security Information.
2.3. The Client must download any updates to the Mobile App as and when they become available.
2.4. Client may be automatically logged off the Mobile App if it remains inactive for a particular period of time as prescribed by the Brokerage Company.
2.5. The Client must not use the Mobile App for any purpose other than to access its brokerage account and to issue Mobile Instructions.
2.6. The Brokerage Company hereby grants to the Client a limited, non-exclusive, and non-transferable license to use the Mobile App on its mobile device from the moment that the Client downloads it to its mobile device until terminated in accordance with Clause 7 of this Form.
3.1. Brokerage Company will try to ensure the accuracy, adequacy, and completeness of the Mobile App and the Mobile App Information, however:
4.1. The Client acknowledges and agrees that giving Instructions through the Mobile App is not a completely reliable, secure, and confidential means of communication.
4.2. The Client is fully responsible for maintaining and safekeeping the Security Information.
4.3. The Client will take the necessary care to ensure that no unauthorised person issues any Mobile Instruction on behalf of the Client, including ensuring:
4.4. Unless and until the Client notifies the Brokerage Company of the loss, theft, or disclosure of its Security Information, the Client will be responsible for any Trade effected by the Brokerage Company as a result of the unauthorised use of the Client’s Security information and will not hold responsible the Brokerage Company from any liability arising out of such unauthorised use.
4.5. Upon receipt of a written notice from the Client pursuant to Clause 4.3(C) above, the Brokerage Company will, as soon as practicable, cancel the User ID and Password and issue a new User ID and Password to the Client.
If the Client enters wrong or incorrect OTP (second verification) consecutively for more than 3 (three) times, the Client’s account will be blocked, and the Client shall immediately notify the Brokerage Company.
4.7. If the Client chooses to issue a Mobile Instruction, it does so entirely at its own risk. Accordingly, the Client will indemnify and hold harmless the Brokerage Company from any liability, loss, damages, claims, lawsuits, or expenses of any other nature suffered or incurred by the Brokerage Company arising out of or in connection with or as a result of:
5.1. The Brokerage Company may in its sole discretion contact the Client at any time to verify the authenticity of any Mobile Instruction purported to be provided by the Client. The Client acknowledges and agrees that if the Brokerage Company attempts to contact the Client but is unable to confirm and/or verify the authenticity of the Mobile Instruction, the Brokerage Company may in its sole discretion, elect not to execute it.
6.1. The Brokerage Company will not charge the Client any fees (other than any fees relating to the execution of a Trade) in relation to use of the Mobile App but reserves the right to do so at any time. In the event that the Brokerage Company exercises its right to charge any fees, it will first notify SCA and then notify the Client in writing at least twenty (20) working days prior to the application of such fees. If no objections are raised by the Client within ten (10) days from the date of such notice, the Brokerage Company will assume that such fees are accepted by the Client. The fees payable to the Brokerage Company is available on the Website and can be accessed at www.intlsecurities.ae/schedule-of-fees-and-interest.
6.2. The Client is responsible for all charges levied by its cellular service provider in relation to its use of the Mobile App. Additional charges may be levied by the Client’s cellular service provider if the Client uses the Mobile App abroad.
7.1. The Brokerage Company may suspend or terminate the Client’s access to the Mobile App by advance notification to the Client. The Brokerage Company will have the right to suspend or terminate the Client’s access to the Mobile App without notifying the Client in advance, including in circumstances where:
7.2. Upon termination, the license granted to the Client by the Brokerage Company to use the Mobile App will end and the Client must delete the Mobile App from its mobile device.