CUSTOMER REPRESENTATIONS
GENERAL REPRESENTATIONS AND WARRANTIES.
Customer represents and warrants that:
Customer is of sound mind, legal age and legal competence;
Customer (if not a natural person) is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; Execution and delivery of this Agreement and all transactions contemplated hereunder have been duly authorized by Customer and will not violate any statute, rule, regulation, ordinance, charter, by-law or policy applicable to Customer; 6 Each person executing and delivering this Agreement has been duly authorized by Customer to do so; No person other than the Customer has or will have an interest in Customer’s Account; Regardless of any subsequent determination to the contrary, Customer is suitable to trade over-the-counter products; Customer is not now an employee of any exchange, any corporation in which any exchange owns a majority of the capital stock, any member of any exchange and/or firm registered on any exchange, or any bank, trust, or insurance company that trades the same instruments as those offered by STU, and in the event that Customer becomes so employed, Customer will promptly notify TMT via email of such employment; The customer has read and understands the Risk Disclosure Statement, Arbitration Agreement and Trading Policies contained in this Agreement; The customer has conducted simulated trading using the demo trading platform for a period that has allowed the Customer to develop a full understanding of the trading platform; All information provided by Customer to TMT, including information regarding Customer’s trading experience and investment sophistication, is true, correct and complete. Customer binds himself to notify TMT promptly of any changes in such information. Customer cannot engage in transactions for purposes of arbitrage or exploitation of temporary inaccuracies or technical discrepancies.
DISCLOSURE OF FINANCIAL INFORMATION. The financial information disclosed to STU in the Application is warranted by Customer to be an accurate representation of the Customer’s current financial condition. 1. Customer represents and warrants that in determining Customer’s Net Worth, Gross Income, Total Assets and Liabilities were correctly calculated. 2. Customer represents and warrants that in determining the value of Total Assets, the Customer included cash and/or cash equivalents, U.S. Government and Marketable securities, real estate owned (excluding primary residence), the cash value of life insurance and other valuable Assets.
6 THIRD PARTIES
6.1 NO SEPARATE AGREEMENTS.
Customer acknowledges that Customer must have no separate agreement with
Customer’s broker or any TMT employee or agent regarding the trading in Customer’s
Account, including any agreement to guarantee profits or limit losses in Customer’s
Account. Customer is under obligation to notify TMT Compliance Department
immediately in writing as to any agreement of this type.
Customer understands that any representations made by anyone concerning
Customer’s Account that differs from any statements Customer receives from STU
must be brought to the attention of TMT’ Compliance Department immediately in
writing.
Customer understands that Customer must authorize every transaction prior to its
execution unless Customer has delegated discretion to another party by signing TMT’
limited power of attorney (“LPOA”).
Customer agrees to bring any disputed transactions to the attention of TMT’
Compliance Department pursuant to the notice requirements of this Agreement.
Customer agrees to indemnify and hold TMT harmless from all damages or liability
resulting from Customer’s failure to notify TMT’ Compliance Department within one (1) 5.1 GENERAL COMMUNICATIONS.
Reports, statements, notices and any other communications shall be transmitted to
Customer electronically by posting to Customer’s online Account or via email to the email
address provided in Customer’s application or to such other email address as Customer may
from time to time designate to TMT.
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business day of any of the occurrences referred to herein. All notices required under
this section shall be sent to TMT at its address.
6.2 REVENUE SHARING DISCLOSURE.
Customer acknowledges that TMT may enter into revenue sharing arrangements with
or retain the services any other third-party vendors in connection with technical
support, back-office and operational support functions relating to Customer’s
Accounts.
TMT reserves the right to enter into such compensation or revenue sharing
arrangements any other third-party vendors based on the volume traded, bid/offer
pricing or other outside commission or revenue sharing models.
7 COMPLIANCE
7.1 ANTI-MONEY LAUNDERING PROCEDURES.
Customer agrees to and acknowledges that TMT may conduct the following procedures at the
time of the opening and throughout the existence of the Account:
7.2 VERIFICATION PROCESSES:
In accordance with anti-money laundering and combating the funding of terrorism
standards, STU may identify and verify any person who signs up for its services. When
a customer opens an account, TMT is required to collect information such as – but not
limited to – name and surname, date of birth and residential address. The customer
acknowledges and agrees that TMT reserves the right to close the account at its sole
discretion if Company comes across any problem with the verification checks.
E-mail verification: After the Customer completes the sign-up form, Customer will be
asked to verify his/her email address via an activation link. If this step is not
completed, the access to the account will be denied.
2-factor authentication: After the Customer completes the sign-up form in order to
access the account he needs to enable Two-factor authentication (2FA) on his account.
2FA is an extra layer on account owned by TMT to protect your account and data from
unauthorized access attempts.
Identity verification checks: TMT may make use of third party providers to confirm any
information that the person registers In order to complete the identity verification.
The Customer’s information may be verified by TMT, requiring the Customer to provide
official identification documents, a proof of address and/or additional documents
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which Customer will be advised to submit by TMT at the time as needed. Corporate
clients will be required to submit additional documentation such as (not limited to)
certificates of incorporation and articles of association.
At any given time, whilst the customer has an account open with TMT, further
verification checks may be carried out (which may include requests for additional
documents or information) to satisfy routine security checks. If we are not able to
verify the person’s registered details and if the customer is not able to or refuses to
provide the requested document/s and/or information, TMT has the right to suspend
the account and return any remaining balance up to the amount of the original
deposits.
7.3 MONITORING: TMT may monitor the trading activity in Accounts to investigate or identify potential money
laundering.
7.4 SECURITY AND CONFIDENTIALITY.
Customer agrees and acknowledges that Customer is the exclusive owner and solely
responsible, jointly and severally if applicable, for the confidentiality and protection of
Customer’s Account number(s) and password(s) that allow Customer to place online
orders and access TMT’ electronic trading systems.
Customer further agrees that he/she will be fully responsible for all activities including
brokerage transactions that arise from the use of Customer’s Account number(s) and
password(s).
Customer agrees to indemnify and not hold STU liable if any other person is utilizing
Customer’s confidential information and such other person provides instructions to
STU that may be contrary to Customer’s instructions.
Customer will immediately notify TMT in writing or by email of any loss, theft or
unauthorized use of Customer’s Account number and/or passwords.
7.5 INTELLECTUAL PROPERTY AND CONFIDENTIALITY.
All copyright, trademark, trade secret and other intellectual property rights in the TMT Trading Platform (“Trading Platform”) shall remain at all times the sole and exclusive
property of TMT and/or its 3rd party service providers and Customers shall have no
right or interest in the Trading Platform except for the right to access and use the
Trading Platform as specified herein.
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Customer acknowledges that the Trading Platform is confidential and has been
developed through the expenditure of substantial skill, time, effort and money.
Customer will protect the confidentiality of TMT and/or its 3rd party service providers
by allowing access to the Trading Platform only by its employees and agents on a need
to access basis.
Customer agrees to not publish, distribute, or otherwise make information available to
third parties, any information derived from or relating to the Trading Platform.
Customer will not copy, modify, decompile, reverse engineer, and make derivative
works of the Trading Platform or in the way it operates.
7.6 NO ADVICE AND NO RECOMMENDATIONS.
TMT does not and will not give investment, legal or tax advice or make trading
recommendations and Customer is aware and acknowledges this. Customer
acknowledges that TMT makes no representations concerning the tax implications or
treatment of contracts.
Customer agrees that Customer is a self-directed investor and all orders entered are
unsolicited and based on Customer’s own investment decision or the investment
decision of Customer’s duly authorized representative.
Customer agrees that neither TMT nor any of its employees may be Customer’s duly
authorized representative and that Customer will neither solicit nor rely upon TMT or
any of its employees for any such advice.
Customer understands that Customer is solely responsible for all orders entered,
including but not limited to trade qualifiers, the number of trades entered, the
suitability of any trade(s), investment strategies and risks associated with each trade,
and will not hold TMT or any of its employees liable for those investment decisions.
Customer further understands that TMT does not and will not review the
appropriateness or suitability of any transactions implemented or investment
strategies employed in Customer’s Account.
Customer hereby agrees to hold TMT and its officers, directors, employees, agents and
affiliates harmless from any liability, financial or otherwise, or expense (including
attorneys’ fees and disbursements), as incurred, as a result of any losses or damages
Customer may suffer with respect to any such decisions, instructions, transactions or
strategies employed in Customer’s Account by Customer or Customer’s duly
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authorized representative, or as a result of any breach by Customer of any of the
covenants, representations, acknowledgments or warranties herein.
7.7 TRADING RECOMMENDATIONS
Customer acknowledges that:
Any market recommendations and information communicated to Customer by TMT or
by any person within the company, does not constitute an offer to sell or the
solicitation of an offer to buy any contract such recommendation and information,
although based upon information obtained from sources believed by TMT to be
reliable, may be based solely on a broker’s opinion and that such information may be
incomplete and may be unverified; and TMT makes no representations, warranties or
guarantees as to, and shall not be responsible for, the accuracy or completeness of any
such information or trading recommendation furnished to Customer.
Customer acknowledges that TMT and/or its officers, directors, affiliates, associates,
stockholders or representatives may have a position in or may intend to buy or sell,
which are the subject of market recommendations furnished to Customer.
Furthermore, the market position of TMT or any such officer, director, affiliate,
associate, stockholder or representative may not be consistent with the
recommendations furnished to Customer by TMT.