In this Agreement, “I/We”, “me/us”, “my/our” and “mine/ours” refer to the account owner/s or party/ies having an interest in the account, agreeing to be bounded by the Terms and Conditions of this Agreement. On the other hand, “GLOBALINKS” refers to GLOBALINKS SECURITIES AND STOCKS, INC., its employees, officers, agents and directors and “GTRADE” refers to the online trading platform of GLOBALINKS.
I/We agree that the PSE, its directors, officers and employees shall not be liable to me/us for all damages directly or indirectly suffered as a result of the use or availment of GTRADE. In consideration of GLOBALINKS acting as my/our stockbroker in trading equity securities, I/we hereby consent to all transactions being governed by the rules and regulations of the Philippine Stock Exchange (PSE), the Securities and Exchange Commission (SEC), the Bangko Sentral ng Pilipinas (BSP), the Anti-Money Laundering Council (AMLC), the Securities Clearing Corporation of the Philippines (SCCP), the Philippine Depository and Trust Corporation (PDTC), other customs and usages of the foregoing, and the following Terms and Conditions:
I/We irrevocably appoint and constitute GLOBALINKS as my/our true and lawful attorney-in-fact, with full power and authority to:
Open an account for and in my/our name, as may be necessary under this Agreement.
Provide stock brokerage services, and act for my/our behalf in trading and/or lending securities.
Execute bills of sale, receipts, assignments of all rights, title and interest to the purchaser/s thereof, or other instruments in writing or documents necessary to deliver or accept delivery of stock certificates.
Perform related acts in accordance with powers conferred to GLOBALINKS, which were deemed ratified in all respects.
Rely on any instruments, notices and communications believed to have originated from me/us in which I/we shall be bounded.
I/We represent and warrant all my/our information in the Customer Account Information Form (CAIF) are true, complete and accurate. I/we shall inform GLOBALINKS immediately of any change in said information. I/We shall also authorize GLOBALINKS to conduct background checks to verify my/our submitted information and to ascertain my/our financial situation & investment objectives.
I/We are aware of GLOBALINKS’s explicit policy that business transactions will not be conducted with me/us if I/we fail to provide satisfactory evidence of my/our identity upon opening my/our account. The specimen signatures below and on my/our CAIF are true and official, and can be used for verification at all times and for all purposes.
Policy on GTRADE use is incorporated herein and is an integral part of this Agreement as if fully set forth herein:
I/We are the sole, exclusive and authorized User/s and owner/s of this account, responsible in using and protecting my/our account. All transactions entered under my/our account shall be binding on me/us.
I/We acknowledge that GTRADE and the GLOBALINKS website, including applications, software, media and other contents thereof, are proprietary to GLOBALINKS.
I/We warrant and undertake that I/we shall neither attempt to tamper with, modify, decompile, reverse engineer or alter GTRADE in any way, nor attempt to gain unauthorized access to any part of GTRADE or to any contents of GLOBALINKS Website.
I/We agree that, as a condition of using GTRADE, I/we shall report within twenty-four (24) hours irregularities in my/our online transactions and/or correspondences, or detection of any unauthorized use on my/our account. Otherwise, GLOBALINKS or any other person shall not bear any liabilities from me/us if I/we fail to notify GLOBALINKS immediately.
I/We also undertake to immediately notify GLOBALINKS if any of the actions mentioned were known to be perpetrated by another person or entity, and that I/we will cooperate in defending and indemnifying GLOBALINKS against any liabilities, costs or damages arising out of claims and suits based upon or relating to such access or use.
To ensure GTRADE performance and reliability, I/we agree that GLOBALINKS reserves the right to suspend GTRADE’s service and access without prior notice, during scheduled or unscheduled system maintenance, repairs and upgrades. I/We also agree that GLOBALINKS has the right to modify or enhance GTRADE or any of its pages and features at its sole discretion and without prior notice.
I/We shall not hold GLOBALINKS or any of its directors, officers, employees and agents responsible for the following:
Accessibility of, transmission quality, outages to, or malfunction of any telephone circuits, Internet service, computer hardware or software (including viruses and bugs) or related/incidental problems.
My/Our inability to use or access GTRADE due to any unauthorized actions or transactions using my customer ID and password, or for any other cause beyond GLOBALINKS’s control.
Although reasonable due diligence has been made in choosing the Service Provider of GTRADE, there is no guarantee of its performance and availability through the Internet, and no such assurance has been hereby made or deemed to have been made by GLOBALINKS in virtue hereof.
I/We understand that GLOBALINKS Trading Hours are governed by official PSE trading hours, and that I/we understand that orders given after such period shall be posted by GLOBALINKS on the succeeding PSE Pre-Open period on a first-come, first-served basis. I/We also know that the PSE Trading Schedule may be changed as per PSE discretion.
I/We understand and agree that:
I/We shall deposit funds of my/our account through different payment means and channels designated by GLOBALINKS. I/We understand that changes or updates in payment channels shall be announced either in writing or in the GLOBALINKS Website.
I/We understand that deposits made into my/our account in the form of check shall only be available for use once cleared by the drawee bank.
Any requests for fund withdrawals shall be made in writing to be delivered to GLOBALINKS office. I/We will ensure that funds are cleared and available prior submission of the withdrawal request.
I/We also understand that the request is subjected to GLOBALINKS approval, and that I/we shoulder the risk/s inherent in making this request.
I/We shall abide by provisions indicated in Section 12 hereinafter regarding withdrawal of funds for joint accounts.
I/We shall abide by the following provisions:
I/We are responsible for posting, amendment, cancellation and execution of my/our online purchase and sale orders, and that I/we agree that GLOBALINKS shall accept my/our orders made orally (in person, through the telephone or other related means), made in writing (sent by messenger, fax, electronic mail, etc.), or through another person in the event that GTRADE system is down or is experiencing technical difficulties.
I/We are aware that I/we intend to fund my/our account with GLOBALINKS in connection with my/our purchases of securities or other transactions done and services rendered.
I/We hereby authorize GLOBALINKS to automatically debit my/our account as and when I/we purchase securities, whenever I/we have any other amounts owing to GLOBALINKS, in such amounts as may be necessary to fully settle my/our account/s with GLOBALINKS, including without limitation the purchase price of securities, commissions, taxes and other applicable fees, costs, levies or duties.
I/We understand that I/we shall be allowed to purchase securities up to the cash amount deposited in my account and any cleared funds that I/we have with GLOBALINKS.
I/We are prohibited to instruct a short sale order of securities. In cases when a short sale is inadvertently accepted and/or executed, GLOBALINKS shall cancel or liquidate the order at its sole discretion.
GLOBALINKS may cancel or reject my/our order if my/our cash to purchase or securities to sell is insufficient, if my/our orders are deemed to have violated any law or regulations, if order has been rejected cancelled by the PSE for whatever reason, or any reason GLOBALINKS deems necessary to prompt such actions.
I/We agree to pay the following fees and charges for trading and stock brokerage services indicated in the CAIF. I/We also understand that such fees and charges shall be subjected to change anytime, and I/we shall be bounded by such changes upon receipt of information from GLOBALINKS. Moreover, should I/we want to ask for arrangements in trading fees and charges, I/we must notify GLOBALINKS in writing and secure the approval of GLOBALINKS President and Chief Executive Officer prior effecting such arrangements.
I/We agree that all purchased securities will be settled not later than 11:00 AM of the third trading day (T+3) after the transaction date, or the Settlement Date. I/We further agree that penalties and interest charges at prevailing interest rates shall be imposed for each day that my/our account is past due, and purchased securities shall only be registered in my/our name once the purchase has been fully paid. I/We understand that my/our account shall be exposed on market risks if I/we are unable to settle my/our purchases on time and therefore, I/we indemnify GLOBALINKS free and harmless against liabilities that may arise from the delayed payment.
Furthermore, all purchase orders shall be on cash basis unless T+3 settlement or margin trading is explicitly allowed by GLOBALINKS. As mentioned beforehand, my/our account must contain sufficient funds to cover for the purchase price of the securities and all applicable fees and charges attributable to me/us as Buyer/s. If an order is processed by GLOBALINKS despite having insufficient funds, I/we shall promptly pay GLOBALINKS by depositing funds directly in my/our account through designated GLOBALINKS payment channels before 11:00 AM of the Settlement Date. Otherwise, I/we understand that GLOBALINKS may liquidate my/our account without prior notification, or may sell all or a portion of my/our securities which I/we guarantee to be free from any and all liens and encumbrances to cover unpaid orders and balances, without prejudice to GLOBALINKS’s right to collect the remaining liability after the sell-out.
I/We agree in accepting the confirmation of my/our trades in the principal account holder’s preferred mailing address, or in any such other addresses declared in the CAIF, or in updates hereafter given to GLOBALINKS in writing. Confirmations shall be deemed as good delivery and binding on me/us in the absence of any written objection by 12:00 NN of the following transaction date (T+1) from the time I/we received these documents. I/We understand that GLOBALINKS shall send all communications in my/our address last registered in GLOBALINKS system and therefore, all communications shall be deemed as personally delivered to me/us whether if I/we actually receive it or not.
I/We agree in accepting and receiving statements of account and other relevant documentation in the principal account holder’s preferred mailing address, or in any such other addresses declared in the CAIF or in updates hereafter given to GLOBALINKS in writing. Notices and account statements shall be deemed as good delivery and binding on me/us in the absence of any written objection within fifteen (15) days from the time I/we received these documents. I/We understand that GLOBALINKS shall send all communications in my/our address last registered in GLOBALINKS system and therefore, all communications shall be deemed as personally delivered to me/us whether if I/we actually receive it or not.
I/We are responsible for knowing the rights and terms of all securities in my/our account/s, and for monitoring occurrence of any reorganizations or other events (e.g. stock splits and reverse stock splits) involving my/our securities. I/We acknowledge that certain securities may grant me/us valuable rights that may expire, unless I/we take action on these rights. I/We understand that, except as required by law, GLOBALINKS is not obliged to notify me/us of such events affecting the rights granted by my/our securities or, without specific instructions from me/us, to take any action on my/our behalf with respect to such events. I/We also understand that GLOBALINKS has the option to credit cash dividends and/or maturities directly in my/our account.
I/We agree that if I/we hold this GLOBALINKS account jointly with other individual/s, this account shall be construed and legally treated as an “AND/OR Account”, and that I/we own the account equally unless we otherwise inform GLOBALINKS in writing. Moreover, I/we understand and agree with the following provisions:
Each of us shall have the right to bind the other to give instructions, consents or authorizations, or to sign or execute alone any written instrument required by GLOBALINKS regarding the account.
In case of withdrawal of funds, the check shall be made payable to all account holders or deposited in a bank account named after all account holders.
If GLOBALINKS received contradictory instructions from us prior effecting instructions, GLOBALINKS may thereafter exercise its option to act on the written instruction approved by all of us.
GLOBALINKS reserves the right to freeze our account and perform necessary actions, and that we shall indemnify GLOBALINKS against losses or suits that may arise from such actions. Furthermore, we shall bear the liabilities.
In case of death of any one of us, the account shall be the sole and absolute property of the surviving account holders and the account shall be subjected to various estate laws and regulations. We must inform GLOBALINKS of the incident within twenty-four (24) hours to regularize our account.
If the surviving account holders failed to provide the written notice of death of an account holder to GLOBALINKS and funds have been withdrawn from the account, then it is deemed that the surviving account holders have exercised the right of survivorship.
I/We understand that GLOBALINKS is a regulated entity, therefore, I/we consent GLOBALINKS to use, maintain and record my/our information, including but not limited to electronic recordings, records, accounts, orders, trades, and positions, in compliance with pertinent laws and regulations. Moreover, I/we allow GLOBALINKS to disclose my/our information to the following for business, legal or regulatory purposes:
Any employee or member of Globalinks Securities and Stocks, Inc.;
Any person whom I/we entered into an Agreement to act in my/our behalf;
Any contractor, agent or service provider that provides brokerage-related services to me/us or to GLOBALINKS; or,
Any legal or regulatory body, in compliance with law or regulations applicable to GLOBALINKS or otherwise.
I/We are aware that all investments are exposed against unfavorable investment risks, including the possible loss of a portion or the whole principal invested. Moreover, equities are not insured by the Philippine Deposit Insurance Corporation (PDIC) and that the performance of a security does not guarantee future returns. Any investment decision that I/we make or any investment strategy that I/we utilize is done so at my/our sole discretion and at my/our own risk, and based solely on my/our own evaluation of my/our financial circumstances and investment objectives.
I/We understand that GLOBALINKS neither provides tax, legal or investment advice of any kind, nor gives advice or offer any opinion with respect to the nature, potential value or suitability of any particular securities transaction or investment strategy. I/We further understand that while I/we may be able to access financial or investment information or services, the availability of such information does not constitute a recommendation to buy or sell any of the securities discussed therein, or to utilize any investment strategy.
I/We acknowledge that data provided by the Philippine Stock Exchange (PSE) and other third-party providers in GTRADE are for informational purposes only, and GLOBALINKS does not guarantee accuracy of such information. I/We agree that GLOBALINKS shall not be responsible for any loss or damage of whatever nature in connection with any transactions made upon reliance on such information.
Legal Rights. I/We represent and warrant that I/we are of legal age and I/we have full power to take action in executing, enforcing and abiding by this Agreement.
Binding Effect Assignment. This Agreement shall be personally binding between me/us and GLOBALINKS’s present and succeeding organizations, and is not re-assignable to any other third party.
Notices. All communications intended for GLOBALINKS shall be sent to Unit 2002, Unit 1801 PSE Tower, 5th Avenue corner 28th Street, Bonifacio Global City, Taguig City, Philippines 1634
Force Majeure. I/We agree that GLOBALINKS will not be liable to me/us for any delay or failure to perform any obligation, or to pay for loss or damage caused directly or indirectly by any condition or circumstance by which GLOBALINKS has no control, including but not limited to government restriction, exchange or market rulings, trading halt or suspension, internet service failure, electronic or mechanical equipment and telecommunication problems, unauthorized access, theft, operator errors, severe weather, earthquakes, floods, strikes or other labor problems, war, etc.
Severability. In case when any one or more provisions of this Agreement is invalid, void or unenforceable in any respect, then the invalidity shall be limited to such provision/s only while other provisions shall be continually implemented.
Litigation. I/We shall compensate GLOBALINKS for all actual expenses as well as attorney’s fees and cost of suit amounting not less than twenty-five (25%) of my/our indebtedness to GLOBALINKS, in the event of litigation and controversy arising from this Agreement. Venue for litigation shall be in the courts of Taguig City, and I/we hereby waive any other applicable venue.
Trading Restrictions and Account Cancellation. I/We understand and agree that GLOBALINKS shall have the sole discretion to restrict trading on my/our account, to cancel, or to close my/our account any time and without notifying me, provided that grounds were valid to warrant the aforementioned actions. Such actions will not affect the rights and/or obligations of either party incurred prior to the date that actions were effected.
I/We shall hold GLOBALINKS free and harmless from any liability, obligation, loss, damage, penalty, claim, suit, action, judgement, expense or disbursement of whatever nature which I/we may suffer arising out of any transaction, transfer or assignment of securities covered in this Agreement, except if GLOBALINKS has been proven to commit willful misconduct or gross negligence.
GLOBALINKS shall be entitled to modify a part or the whole Agreement, with advance notice in the GLOBALINKS website or in writing. My/Our failure to manifest or register my objection to the change/s in writing within thirty (30) days from receipt of notice or knowledge of the change/s shall be deemed that I/we accept such change/s.
This Agreement shall take effect upon the date of signing, as indicated below. This Agreement shall inure in favor of GLOBALINKS’s successors and assigns, and shall continue until a signed notice of revocation is received. I/We deem to have read, understood and agreed to be bound by these Terms and Conditions.