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16.4 If we are required by the Agreement or the law to communicate with you in writing, we will
communicate with you via e-mail on your registered e-mail address, portray a message on the trading platforms or on FxPro Direct or communicate with you via post if this is necessary.
16.5 It is your responsibility to ensure that you have read all and any messages on the trading
platforms.
16.6 You can contact us by either calling or e-mailing us via your registered e-mail address. You
understand that when trading CFDs time is of the essence and you are going to be solely responsible for ensuring that any communication is communicated to us on time
16.7 The Client is solely responsible for the privacy of any information contained within the
communication received by FxPro.
16.8 Moreover, the Client accepts that any loss that arises as a result of unauthorised access of a
third party to the Client’s Accounts is not the responsibility of FxPro.
16.9 FxPro bears no responsibility for any loss that arises as a result of delayed or unreceived
communication sent to the Client by the Firm.
16.10 The Client consents and authorises us to contact himherthem directly andor indirectly, to
telephone or contact you at any time for any business or promotional reasons. You understand and agree that we may provide you with information via e-mail, via our Website,
platforms, FxPro Direct or otherwise.
16.11 You further consent that any communication received by FxPro, from time to time, in relation
to the Agreement -or any other communication in relation to marketing- does not breach any of the Client’s rights under the Agreement or applicable legislation.
17. RECORDINGS AND MONITORING OF COMMINICATION
17.1 The content of all incoming and outgoing telephone calls ‘the Telephone Record’ between
the Client and the Firm are recorded and saved as a magnetic or electronic andor other record. The Client agrees that the Firm has the right to use the Telephone Records as it deems
necessary, including but not limited to instances when a dispute arises between the Client and the Firm.
17.2 All instructions received from the Client, during a telephone call, in relation to trading financial
instruments shall be conclusive and binding unless conditions described in the Agreement are triggered.
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17.3 FxPro may provide copies of such recordings of telephone calls to a regulatory authority andor
other authority of a competent authority, without informing the Client. FxPro shall have no obligation to provide any such copy to the Client.
17.4 You further agree and accept that we will also record any other communication between you
and FxPro, in any form, including e-mails and chat messages.
17.5 Notwithstanding any other clause in this, we may use this information for training,
investigation or any other legal or regulatory or other purposes including using such information to defend and or initiate any legal dispute.
17.6 You are obliged to keep any information with regards to your relationship with FxPro
confidential at all times, as we will not be responsible for safe-keeping this information.
18. REPRESENTATIONS AND WARRANTIES
18.1 The Client represents and warrants that heshe has not been coerced or otherwise persuaded
to enter into the Agreement andor has not entered into the Agreement based on any representation other than what is included in the Agreement.
18.2 To the extent that the Client is a natural person, the Client warrants that he she is over 18
eighteen years of age in case the Client is a natural person or has full capacity in case the Client is a legal person; therefore, the Client may enter into the Agreement.
18.3 To the extent that the Client is a legal person, the Client hereby warrants that the entry into
the Agreement and use of the services offered by FxPro does not breach the constitutional documents of the Client.
18.4 The Client warrants that heshe is fully aware of any requirements and implications, including
but not limited to any restrictions or reporting requirements, set by hisher local jurisdiction in relation to entering the Agreement and any trading heshe undertakes with the Firm and
further undertakes to comply with all such applicable requirements.
18.5 The Client represents and warrants that any trading in financial instruments is proportional
andor reasonable to hisher specific financial situation and that independent financial advice has been sought, or will be sought if necessary. You further understand and accept that
investing in CFDs involves significant risk of loss and trading CFDs should not be considered as an investment but rather constitutes speculative trading. Make sure that you do not invest
more than you can afford to lose.
18.6 You further represent and warrant that the information provided during the completion of the
appropriateness test, accurately reflects your personal and other circumstances and you have
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not provided us with any false or misleading information. You hereby further warrant that should any information provided during this process becomes invalid, you will immediately
inform us in writing of the change in your circumstances.
18.7 The Client represents and warrants that heshe will not redistribute to any third party
information concerning financial instruments including but not limited to pricing information and chart data on offer by FxPro.
18.8 Further the Client hereby warrants and covenants that:
a the funds, belong to the Client and are free of any lien, charge, pledge or other
encumbrance; b
the funds, are not the direct or indirect proceeds of any illegal act or omission or product of any criminal activity andor proceeds from any predicate offence; and
c heshe acts for hisherself and is not a representative or trustee of a third person,
unless heshe produces to the satisfaction of the Firm documents to the contrary.
18.9 The Client warrants the authenticity and validity of any document sent to FxPro during a the
account opening process and b throughout the duration of the contractual relationship between the parties. It is the responsibility of the Client to inform the Firm immediately upon
any change in his her circumstances. In the event that FxPro believes, in its sole discretion, that any document is missing andor is incorrect to request from you to send such a document
within a set time-frame. If you fail to do so, we may take any action we may deem necessary in the circumstances.
19. EXCLUSION OF LIABILITY
