the word “person” includes both natural and legal people; and the headings will be only for comfort and they will not affect the interpretation of the contents in the paragraphs.
2 SERVICES (1) The present Contract establishes the basic conditions that will govern all the Operations that we conduct with you as well as any Operation celebrated between you and us, valid or pending, at the time of the formalization of the present Contract or later. Except for otherwise agreed, you will have to celebrate another Contract with us with respect to any other service that we decide to provide to you. As a client you are hiring the opening of an investment account with us, to operate in the buying and/or selling of ETFs (Exchange Traded Funds) in the OTC (Over the Counter) market. Our commercial service ETF supports a high risk level and it can inflict losses that exceed your initial payment. Our commercial service is not recommendable to all people. In the General Risk Warning section a complete explanation of the risks associated to our commercial service ETF can be read and you must make sure that you understand totally these risks before formalizing this Contract with us. (2) You acknowledge that the Contractual Information is provided only with an orientation purpose and it is possible that it be inaccurate at the moment at which you open or close an Operation. The valid information that is gathered by the Contract will be the one that we disclose on our Website(s) that will be able to be updated from time to time. (3) We will act on your behalf as the main holder and not as an agent. You will conduct each and every Operation with us as the main holder, and not like agent of a third not identified party. This means that, except for otherwise agreed in writing we will treat you like our client to all effects and you will be directly and personally responsible for the fulfillment of all inherent obligations to all Operations that you perform, regardless of the fact that you are dealing with us directly or through an agent. If you act in association or in representation of a third party, regardless of the fact that you communicate to us the identity of such, we will not accept such person as an indirect client and we do not assume any obligation before the same, unless specifically agreed in writing. (4) You agree that, except for otherwise agreed in the present Contract, we are not forced: (a) to be convinced that a certain Operation is advisable for you; (b) to supervise the situation of any Operation or to advise it on the matter; We will be able, to our total discretion, to provide information to you in relation to any Operation on which you, or your agent, had asked for information, especially in relation to the procedures and the risks that such Operation implies and on the ways to reduce the risks. However, we do not assume any obligation to communicate this information to you and, in case of doing it; this will not constitute advice on investments. If, notwithstanding the fact that the format of services between you and us is of “execution only”, any broker employed by us expresses his opinion (either as an answer to your request or for other reason) in relation to any Instrument, you accept that it is not reasonable to be based on and you are not entitled to be based on this opinion and that such will not be considered advice on investments.
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