6.4 Unless otherwise advised, the Client authorises Rivkin Securities to monitor on an ongoing basis their investment portfolios and Rivkin Securities may (in its sole and unfettered discretion) determine to contact the Client when investment advisers, trainers or executive staff of Rivkin Securities determine that intervention or alternative action is required so as to assist the Client with their investment portfolio.
6.5 The Client agrees and acknowledges that Rivkin Securities may, from time to time and without further notice to the Client be required either by law or ASX regulations to provide information about the Client and its dealings with Rivkin Securities to the ASX, the Australian Securities and Investment Commissions or any other regulatory authority.
6.6 The Client authorises Rivkin Securities to supply relevant information contained in the Client’s application form and other records to a credit reporting agency and to obtain credit reports about the Client from a credit reporting agency.
7. FEES, TAXES AND CHARGES
7.1 In consideration for Rivkin Securities providing any General Advice and/or Private Client Execution Services, the Client agrees to pay to Rivkin Securities the fees/commissions that are imposed for these services.
7.2 The Client also agrees to pay all taxes charges including Capital Gains Tax and expenses associated with this Agreement and recognises that it is solely responsible for the payment of all fees and charges which arise from any investments held with Rivkin Securities.
7.3 All payments or amounts payable under this Agreement are inclusive of any liability to taxation under the GST Act.
7.4 In respect of the Private Client Execution Services:
a. Rivkin Securities receives a payment (“Brokerage Payment”) from the Broker for the Private Client Execution Service. Please refer to the Rivkin Securities Financial Services Guide for details of the basis for calculating these payments; and
b. the Client acknowledges that the commissions charged by the Broker for each trade, having regard to the provision of the Private Client Execution Service, General Advice and the use of the Technology that Rivkin Securities provides, may from time to time amend its commission increasing the charges to the Client by giving a minimum of 30 days written notice.
8. AUTHORISED PERSONS
8.1 The Client will appoint Authorised Persons for the purpose of giving and receiving instructions under this Agreement and will notify Rivkin Securities of their identities, the number necessary for a valid instruction and provide specimen signatures. At the commencement Date the people who are the Authorised Persons are as identified in the Rivkin Securities Authorised Agent Form. After that, the Client may, at any time, vary their authorised persons by written notice to Rivkin Securities.
8.2 Rivkin Securities will only act following the receipt of instructions from an Authorised Person of the Client.
9. ADDITIONAL SERVICES
9.1 The Client agrees that where they wish to use Rivkin Securities’ Private Client Execution Services they will sign such associated terms and conditions for that service as Rivkin Securities may require and direct.
9.2 Rivkin Securities may provide to the Client General Advice, however such advice does not specifically refer to or take into account the Client’s personal circumstances or investment portfolio and represents general advice and the Client acknowledges and agrees that:
a. in providing this advice, Rivkin Securities did not take into account the investment objectives, financial situation and particular needs of the Client; and
b. before making any investment decision on the basis of that advice, the Client must consider, with or without the assistance of a securities adviser, whether the advice is appropriate for them having regard to their particular investment needs, objectives and financial circumstances.
9.3 Rivkin Securities will not be liable for any damages of any kind sustained or incurred by the Client arising from the use of the Rivkin Securities site, Rivkin Securities market reports or other products in which Rivkin Securities provides General Advice, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
9.4 The Client agrees that where they are provided with Access to the Rivkin Securities website:
a. they are responsible for the selection of their password in using the Rivkin Securities Website and are also responsible for ensuring that the password is kept secure;
b. they will not use the Rivkin Securities website and Technology in connection with any trade or business activities or to hold or monitor security trading for any other person;
c. they will not seek to upload, post, reproduce or distribute any information, software or other material protected by copyright or any other intellectual property right of Rivkin Securities (as well as rights of publicity and privacy), or any part or parts of the General Advice without Rivkin Securities’ prior written consent; and
d. they will not in any way express or imply that any opinions of the Client are endorsed by Rivkin Securities without the prior written consent of Rivkin Securities.
10. THIRD PARTIES
10.1 The Client acknowledges where a Rivkin Securities’ recommendation includes the recommendation of a product or service of a Third Party, Rivkin Securities is not liable in any manner whatsoever for the conduct of the Third Party nor the quality of the product or service of that Third Party.
10.2 The Client acknowledges that they must perform their own due diligence in respect of any Third Party recommendation on behalf of Rivkin Securities and it’s advisers.
11. INSUFFICIENT FUNDS OR LACK OF STOCK
11.1 In respect of the Private Client Execution Service, where the:
a. account stipulated by the Client has insufficient funds to complete a transaction, Rivkin Securities will not direct the Broker to purchase the Securities/Derivatives for the Client; and
b. if the Client fails to hold sufficient Securities/Derivatives or has not completed the required CHESS holdings transfer, Rivkin Securities will not direct the Broker to sell the Securities/Derivatives for the Client.