Common use of Acknowledgement of Risks Clause in Contracts

Acknowledgement of Risks. 19.1 The Client unreservedly acknowledges and accepts that, regardless of any information which may be offered by the Company, the value of any investment in Financial Instruments may fluctuate downwards or upwards and it is even probable that the investment may become of no value. 19.2 The Client unreservedly acknowledges and accepts that he runs a great risk of incurring losses and damages as a result of the purchase and/or sale of any Financial Instrument and accepts and declares that he is willing to undertake this risk. 19.3 The Client declares that he has read, comprehends and unreservedly accepts the following: (a) Information of the previous performance of a Financial Instrument does not guarantee its current and/or future performance. The use of historical data does not constitute a binding or safe forecast as to the corresponding future performance of the Financial Instruments to which the said information refers. (b) Some Financial Instruments may not become immediately liquid as a result e.g. of reduced demand and the Client may not be in a position to sell them or easily obtain information on the value of these Financial Instruments or the extent of the associated risks. (c) When a Financial Instrument is traded in a currency other than the currency of the Client’s country of residence, any changes in the exchange rates may have a negative effect on its value, price and performance. (d) A Financial Instrument on foreign markets may entail risks different to the usual risks of the markets in the Client’s country of residence. In some cases, these risks may be greater. The prospect of profit or loss from transactions on foreign markets is also affected by exchange rate fluctuations. (e) The Client must not invest in Financial Instruments unless he is willing to undertake the risks of losing entirely all the money which he has invested and also any additional commissions and other expenses and losses incurred. 19.4 The Client acknowledges and accepts that there may be other risks which are not contained in this Clause 19 and has read and accepted all information under the titles ― GENERAL RISK DISCLOSURE as this information is loaded on the Company‘s webpage publicly available to all Clients. 19.5 Access to the Online Service or any portion thereof, may be restricted or unavailable during periods of peak demands, extreme market volatility, systems upgrades or any other reasons. Colmex Pro or its Service Provider(s), affiliates, custodians etc., (“Service Provider(s)”) makes no express or implied representations or warranties to the Client regarding the usability, condition or operation thereof. Colmex Pro and/or its Service Provider(s) do not warrant that access to, or use of the Online Service will be uninterrupted or error free or that the Online Service will meet any particular criteria of performance or quality. Colmex Pro or anyone else involved in creating, producing, delivering or managing the Online Service shall, under no circumstances including negligence, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Online Service, or out of any breach of any warranty, including, without limitation, those for business interruption or loss of profits. Neither Colmex Pro nor any of Colmex Pro’s directors, officers, employees, agents, contractors, affiliates, third party vendors, facilities, information providers, licensors, exchanges, clearing organizations or other suppliers providing data, information, or services, warrant that the Online Service will be uninterrupted or error free; nor does Colmex Pro make any warranty as to the results that may be obtained from the use of the Online Service or as to the timeliness, sequence, accuracy, completeness, reliability or content of any information, service, or transaction provided through the Online Service. In the events where the Client’s access to the Online Service, or any portion thereof, is restricted, unavailable or delayed, the Client agrees to use other available means (if any), provided by Colmex Pro, to place the Client’s order/request(s) for transaction(s) or to access information. Colmex Pro is not liable for any losses, lost opportunities or increased costs, increased commissions etc., that may result from the Client’s inability to use the Online Service to place order/request(s) for transactions, receive confirmation for transactions or access information. The Client expressly agrees that the use of the Online Service is at Client’s sole risk. The Client acknowledges full responsibility and risk of loss that may result from use of, or materials obtained through, the Online Service. By placing order/request(s) through the Online Service, the Client acknowledges that the Client order/request(s) may not be reviewed by Colmex Pro prior to execution. The Client agrees that Colmex Pro is not liable for any losses, lost opportunities or increased costs, increased commissions/charges/costs etc., that may result from the execution of order/request(s) made by the Client.

Appears in 3 contracts

Samples: Investment Services Agreement, Investment Services Agreement, Investment Services Agreement

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Acknowledgement of Risks. 19.1 24.1 The Client unreservedly unconditionally acknowledges and accepts that, regardless of any information which may be offered provided by the Company, the value of any investment in Financial Instruments may fluctuate downwards or upwards and it is even probable that the investment may become of no value.; 19.2 24.2 The Client unreservedly unconditionally acknowledges and accepts that he runs a great risk of incurring losses and damages as a result of the purchase and/or sale of any Financial Instrument and unconditionally accepts and declares that he is willing to undertake this risk.; 19.3 24.3 The Client declares that he has read, comprehends and unreservedly unconditionally accepts the following: (a) Information of the previous performance of a Financial Instrument does not guarantee its current and/or future performance. The use of historical data does not constitute a binding or safe forecast as to the corresponding future performance of the Financial Instruments to which the said information refers.; (b) Some Financial Instruments may not become immediately liquid as a result e.g. of reduced demand and the Client may not be in a position to sell them or easily obtain information on the value of these Financial Instruments or the extent of the associated risks.; (c) When a Financial Instrument is traded in a currency other than the currency of the Client’s Client 's country of residence, any changes in the exchange rates may have a negative effect on its value, price and performance.; (d) A Financial Instrument on foreign markets may entail risks different to the usual risks of the markets in the Client’s 's country of residence. In some cases, these risks may be greater. The prospect of profit or loss from transactions on foreign markets is also affected by exchange rate fluctuations.; (e) The Financial Instruments offered by the Company are a non-delivery spot transaction and CFD Contract giving an opportunity to trade on changes in currency rates, commodities, stock market indices or share prices called the Underlying Assets; (f) The value of the Financial instruments is directly affected by the price of the security or any other Underlying Asset which is the object of the acquisition; (g) The Client must should not invest in purchase Financial Instruments unless he is willing to undertake the risks of losing entirely all the money which he has invested and also any additional commissions and other expenses and losses incurred. 19.4 (h) CFDs are complex instruments and come with a high risk of losing money rapidly due to leverage. You should consider whether you understand how CFDs, or any other products work and whether you can afford to take this risk. 24.4 The Client acknowledges and accepts that there may be other risks which are not contained in this Clause 19 Paragraph 24 and has read and accepted all information under the titles ― GENERAL RISK DISCLOSURE "General Risk Disclosure" as this information is loaded on the Company‘s Company's webpage publicly public and available to all Clients. 19.5 Access to the Online Service or any portion thereof, may be restricted or unavailable during periods of peak demands, extreme market volatility, systems upgrades or any other reasons. Colmex Pro or its Service Provider(s), affiliates, custodians etc., (“Service Provider(s)”) makes no express or implied representations or warranties to the Client regarding the usability, condition or operation thereof. Colmex Pro and/or its Service Provider(s) do not warrant that access to, or use of the Online Service will be uninterrupted or error free or that the Online Service will meet any particular criteria of performance or quality. Colmex Pro or anyone else involved in creating, producing, delivering or managing the Online Service shall, under no circumstances including negligence, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Online Service, or out of any breach of any warranty, including, without limitation, those for business interruption or loss of profits. Neither Colmex Pro nor any of Colmex Pro’s directors, officers, employees, agents, contractors, affiliates, third party vendors, facilities, information providers, licensors, exchanges, clearing organizations or other suppliers providing data, information, or services, warrant that the Online Service will be uninterrupted or error free; nor does Colmex Pro make any warranty as to the results that may be obtained from the use of the Online Service or as to the timeliness, sequence, accuracy, completeness, reliability or content of any information, service, or transaction provided through the Online Service. In the events where the Client’s access to the Online Service, or any portion thereof, is restricted, unavailable or delayed, the Client agrees to use other available means (if any), provided by Colmex Pro, to place the Client’s order/request(s) for transaction(s) or to access information. Colmex Pro is not liable for any losses, lost opportunities or increased costs, increased commissions etc., that may result from the Client’s inability to use the Online Service to place order/request(s) for transactions, receive confirmation for transactions or access information. The Client expressly agrees that the use of the Online Service is at Client’s sole risk. The Client acknowledges full responsibility and risk of loss that may result from use of, or materials obtained through, the Online Service. By placing order/request(s) through the Online Service, the Client acknowledges that the Client order/request(s) may not be reviewed by Colmex Pro prior to execution. The Client agrees that Colmex Pro is not liable for any losses, lost opportunities or increased costs, increased commissions/charges/costs etc., that may result from the execution of order/request(s) made by the Client.

Appears in 2 contracts

Samples: Service Agreement, Service Agreement

Acknowledgement of Risks. 19.1 28.1. The Client unreservedly unconditionally acknowledges and accepts that, regardless of any information which may be offered provided by the Company, the value of any investment in Financial Instruments may fluctuate downwards or upwards and it is even probable that the investment may become of no value.; 19.2 28.2. The Client unreservedly unconditionally acknowledges and accepts that he runs a great risk of incurring losses and damages as a result of the purchase and/or sale of any Financial Instrument and unconditionally accepts and declares that he is willing to undertake this risk.; 19.3 28.3. The Client declares that he has read, comprehends and unreservedly unconditionally accepts the following: (a) a. Information of the previous performance of a Financial Instrument does not guarantee its current and/or future performance. The use of historical data does not constitute a binding or safe forecast as to the corresponding future performance of the Financial Instruments to which the said information refers.; (b) b. Some Financial Instruments may not become immediately liquid as a result e.g. of reduced demand and the Client may not be in a position to sell them or easily obtain information on the value of these Financial Instruments or the extent of the associated risks.; (c) c. When a Financial Instrument is traded in a currency other than the currency of the Client’s country of residence, any changes in the exchange rates may have a negative effect on its value, price and performance.; (d) d. A Financial Instrument on foreign markets may entail risks different to the usual risks of the markets in the Client’s country of residence. In some cases, these risks may be greater. The prospect of profit or loss from transactions on foreign markets is also affected by exchange rate fluctuations.; (e) e. The Financial Instruments offered by the Company are a non-delivery spot transaction and CFD Contract giving an opportunity to trade on changes in currency rates, commodities, stock market indices or share prices called the underlying instrument; f. The value of the Financial instruments is directly affected by the price of the security or any other underlying asset which the object of the acquisition is; g. The Client must should not invest in purchase Financial Instruments unless he is willing to undertake the risks of losing entirely all the money which he has invested invested, and also any additional commissions and other expenses and losses incurred. 19.4 28.4. The Client acknowledges and accepts that there may be other risks which are not contained in this Clause 19 section and has read and accepted all information under the titles ― GENERAL RISK DISCLOSURE title “Risk Disclosure Statement” as this information is loaded on the Company‘s Company’s webpage publicly public and available to all Clients. 19.5 Access to the Online Service or any portion thereof, may be restricted or unavailable during periods of peak demands, extreme market volatility, systems upgrades or any other reasons. Colmex Pro or its Service Provider(s), affiliates, custodians etc., (“Service Provider(s)”) makes no express or implied representations or warranties to the Client regarding the usability, condition or operation thereof. Colmex Pro and/or its Service Provider(s) do not warrant that access to, or use of the Online Service will be uninterrupted or error free or that the Online Service will meet any particular criteria of performance or quality. Colmex Pro or anyone else involved in creating, producing, delivering or managing the Online Service shall, under no circumstances including negligence, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Online Service, or out of any breach of any warranty, including, without limitation, those for business interruption or loss of profits. Neither Colmex Pro nor any of Colmex Pro’s directors, officers, employees, agents, contractors, affiliates, third party vendors, facilities, information providers, licensors, exchanges, clearing organizations or other suppliers providing data, information, or services, warrant that the Online Service will be uninterrupted or error free; nor does Colmex Pro make any warranty as to the results that may be obtained from the use of the Online Service or as to the timeliness, sequence, accuracy, completeness, reliability or content of any information, service, or transaction provided through the Online Service. In the events where the Client’s access to the Online Service, or any portion thereof, is restricted, unavailable or delayed, the Client agrees to use other available means (if any), provided by Colmex Pro, to place the Client’s order/request(s) for transaction(s) or to access information. Colmex Pro is not liable for any losses, lost opportunities or increased costs, increased commissions etc., that may result from the Client’s inability to use the Online Service to place order/request(s) for transactions, receive confirmation for transactions or access information. The Client expressly agrees that the use of the Online Service is at Client’s sole risk. The Client acknowledges full responsibility and risk of loss that may result from use of, or materials obtained through, the Online Service. By placing order/request(s) through the Online Service, the Client acknowledges that the Client order/request(s) may not be reviewed by Colmex Pro prior to execution. The Client agrees that Colmex Pro is not liable for any losses, lost opportunities or increased costs, increased commissions/charges/costs etc., that may result from the execution of order/request(s) made by the Client.

Appears in 1 contract

Samples: Client Agreement

Acknowledgement of Risks. 19.1 24.1 The Client unreservedly unconditionally acknowledges and accepts that, regardless of any information which may be offered provided by the Company, the value of any investment in Financial Instruments may fluctuate downwards or upwards and it is even probable that the investment may become of no value.; 19.2 24.2 The Client unreservedly unconditionally acknowledges and accepts that he runs a great risk of incurring losses and damages as a result of the purchase and/or sale of any Financial Instrument and unconditionally accepts and declares that he is willing to undertake this risk.; 19.3 24.3 The Client declares that he has read, comprehends and unreservedly unconditionally accepts the following: (a) Information of the previous performance of a Financial Instrument does not guarantee its current and/or future performance. The use of historical data does not constitute a binding or safe forecast as to the corresponding future performance of the Financial Instruments to which the said information refers.; (b) Some Financial Instruments may not become immediately liquid as a result e.g. of reduced demand and the Client may not be in a position to sell them or easily obtain information on the value of these Financial Instruments or the extent of the associated risks.result (c) When a Financial Instrument is traded in a currency other than the currency of the Client’s Client 's country of residence, any changes in the exchange rates may have a negative effect on its value, price and performance.; (d) A Financial Instrument on foreign markets may entail risks different to the usual risks of the markets in the Client’s 's country of residence. In some cases, these risks may be greater. The prospect of profit or loss from transactions on foreign markets is also affected by exchange rate fluctuations.; (e) The Financial Instruments offered by the Company are a non-delivery spot transaction and CFD Contract giving an opportunity to trade on changes in currency and cryptocurrency rates, commodities, stock market indices or share prices called the Underlying Assets; (f) The value of the Financial instruments is directly affected by the price of the security or any other Underlying Asset which is the object of the acquisition; (g) The Client must should not invest in purchase Financial Instruments unless he is willing to undertake the risks of losing entirely all the money which he has invested and also any additional commissions and other expenses and losses incurred. 19.4 (h) CFDs are complex instruments and come with a high risk of losing money rapidly due to leverage. You should consider whether you understand how CFDs, or any other products work and whether you can afford to take this risk. 24.4 The Client acknowledges and accepts that there may be other risks which are not contained in this Clause 19 Paragraph 24 and has read and accepted all information under the titles ― GENERAL RISK DISCLOSURE "General Risk Disclosure" as this information is loaded on the Company‘s Company's webpage publicly public and available to all Clients. 19.5 Access to the Online Service or any portion thereof, may be restricted or unavailable during periods of peak demands, extreme market volatility, systems upgrades or any other reasons. Colmex Pro or its Service Provider(s), affiliates, custodians etc., (“Service Provider(s)”) makes no express or implied representations or warranties to the Client regarding the usability, condition or operation thereof. Colmex Pro and/or its Service Provider(s) do not warrant that access to, or use of the Online Service will be uninterrupted or error free or that the Online Service will meet any particular criteria of performance or quality. Colmex Pro or anyone else involved in creating, producing, delivering or managing the Online Service shall, under no circumstances including negligence, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Online Service, or out of any breach of any warranty, including, without limitation, those for business interruption or loss of profits. Neither Colmex Pro nor any of Colmex Pro’s directors, officers, employees, agents, contractors, affiliates, third party vendors, facilities, information providers, licensors, exchanges, clearing organizations or other suppliers providing data, information, or services, warrant that the Online Service will be uninterrupted or error free; nor does Colmex Pro make any warranty as to the results that may be obtained from the use of the Online Service or as to the timeliness, sequence, accuracy, completeness, reliability or content of any information, service, or transaction provided through the Online Service. In the events where the Client’s access to the Online Service, or any portion thereof, is restricted, unavailable or delayed, the Client agrees to use other available means (if any), provided by Colmex Pro, to place the Client’s order/request(s) for transaction(s) or to access information. Colmex Pro is not liable for any losses, lost opportunities or increased costs, increased commissions etc., that may result from the Client’s inability to use the Online Service to place order/request(s) for transactions, receive confirmation for transactions or access information. The Client expressly agrees that the use of the Online Service is at Client’s sole risk. The Client acknowledges full responsibility and risk of loss that may result from use of, or materials obtained through, the Online Service. By placing order/request(s) through the Online Service, the Client acknowledges that the Client order/request(s) may not be reviewed by Colmex Pro prior to execution. The Client agrees that Colmex Pro is not liable for any losses, lost opportunities or increased costs, increased commissions/charges/costs etc., that may result from the execution of order/request(s) made by the Client.

Appears in 1 contract

Samples: Service Agreement

Acknowledgement of Risks. 19.1 25.1. The Client unreservedly unconditionally acknowledges and accepts that, regardless of any information which may be offered provided by the Company, the value of any investment in Financial Instruments may fluctuate downwards or upwards and it is even probable that the investment may become of no value.; 19.2 25.2. The Client unreservedly unconditionally acknowledges and accepts that he runs a great risk of incurring losses and damages as a result of the purchase and/or sale of any Financial Instrument and unconditionally accepts and declares that he is willing to undertake this risk.; 19.3 25.3. The Client declares that he has read, comprehends and unreservedly unconditionally accepts the following: (a) i. Information of the previous performance of a Financial Instrument does not guarantee its current and/or future performance. The use of historical data does not constitute a binding or safe forecast as to the corresponding future performance of the Financial Instruments to which the said information refers.informationrefers; (b) ii. Some Financial Instruments may not become immediately liquid as a result e.g. of reduced demand and the Client may not be in a position to sell them or easily obtain information on the value of these Financial Instruments or the extent of the associated risks.; (c) iii. When a Financial Instrument is traded in a currency other than the currency of the Client’s Client‘s country of residence, any changes in the exchange rates may have a negative effect on its value, price and performance.; (d) iv. A Financial Instrument on foreign markets may entail risks different to the usual risks of the markets in the Client’s Client‘s country of residence. In some cases, these risks may be greater. The prospect of profit or loss from transactions on foreign markets is also affected by exchange rate fluctuations.; (e) v. The Financial Instruments offered by the Company are a non-delivery spot transaction and CFD Contract giving an opportunity to trade on changes in currency rates, commodities, stock market indices or share prices called the underlyinginstrument; vi. The value of the Financial instruments is directly affected by the price of the security or any other underlying asset which is the object of theacquisition; vii. The Client must should not invest in purchase Financial Instruments unless he is willing to undertake the risks of losing entirely all the money which he has invested and also any additional commissions and other expenses and losses incurredexpensesincurred. 19.4 25.4. The Client acknowledges and accepts that there may be other risks which are not contained in this Clause 19 Paragraph 25 and has read and accepted all information under the titles ― GENERAL RISK DISCLOSURE “General Risk Disclosure” as this information is loaded on the Company‘s webpage publicly public and available to all Clients. 19.5 Access to the Online Service or any portion thereof, may be restricted or unavailable during periods of peak demands, extreme market volatility, systems upgrades or any other reasons. Colmex Pro or its Service Provider(s), affiliates, custodians etc., (“Service Provider(s)”) makes no express or implied representations or warranties to the Client regarding the usability, condition or operation thereof. Colmex Pro and/or its Service Provider(s) do not warrant that access to, or use of the Online Service will be uninterrupted or error free or that the Online Service will meet any particular criteria of performance or quality. Colmex Pro or anyone else involved in creating, producing, delivering or managing the Online Service shall, under no circumstances including negligence, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Online Service, or out of any breach of any warranty, including, without limitation, those for business interruption or loss of profits. Neither Colmex Pro nor any of Colmex Pro’s directors, officers, employees, agents, contractors, affiliates, third party vendors, facilities, information providers, licensors, exchanges, clearing organizations or other suppliers providing data, information, or services, warrant that the Online Service will be uninterrupted or error free; nor does Colmex Pro make any warranty as to the results that may be obtained from the use of the Online Service or as to the timeliness, sequence, accuracy, completeness, reliability or content of any information, service, or transaction provided through the Online Service. In the events where the Client’s access to the Online Service, or any portion thereof, is restricted, unavailable or delayed, the Client agrees to use other available means (if any), provided by Colmex Pro, to place the Client’s order/request(s) for transaction(s) or to access information. Colmex Pro is not liable for any losses, lost opportunities or increased costs, increased commissions etc., that may result from the Client’s inability to use the Online Service to place order/request(s) for transactions, receive confirmation for transactions or access information. The Client expressly agrees that the use of the Online Service is at Client’s sole risk. The Client acknowledges full responsibility and risk of loss that may result from use of, or materials obtained through, the Online Service. By placing order/request(s) through the Online Service, the Client acknowledges that the Client order/request(s) may not be reviewed by Colmex Pro prior to execution. The Client agrees that Colmex Pro is not liable for any losses, lost opportunities or increased costs, increased commissions/charges/costs etc., that may result from the execution of order/request(s) made by the Client.

Appears in 1 contract

Samples: Service Agreement

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Acknowledgement of Risks. 19.1 The Client unreservedly acknowledges It shall be noted that the due to market conditions and accepts that, regardless of any information which may be offered by the Companyfluctuations, the value of any investment in Financial Instruments may fluctuate downwards increase or upwards decrease, or may even be reduced to zero. Regardless of the information the Company may provide to you, you agree and it is even probable that acknowledges the investment may become possibility of no value. 19.2 these cases occurring. The Client unreservedly acknowledges that they fully understand the risks involved in trading CFDs (and accepts other similar products), including, but not limited to, the risk of loss of all funds including the entire balance of the Client’s account when the Client selects the option to use his available balance in order to keep his CFD position open or when the transaction of the client will result in loss. CFD Trading does not give you any right to the underlying instrument of the Transaction. This means that he runs you do not have any interests in, or the right to purchase any underlying shares in relation to such instruments because the CFDs represent a notional value only. You are aware and acknowledge that there is a great risk of incurring losses and damages as a result of the investment activity (purchase and/or sale of any Financial Instrument Instruments) through the Company and the Company’s Trading Platform and accepts and declares that he is you are willing to undertake this risk. 19.3 The Client declares risk upon entering into this business relationship. You declare that he has you have read, comprehends understood and unreservedly accepts accepted the following: (a1) Information of the previous performance of a Financial Instrument does not guarantee its current and/or future performance. The use of historical Historical data does are not constitute a binding or safe forecast and should not be considered as to the corresponding future performance reflective of the future returns of any Financial Instrument. 2) In cases of Financial Instruments to which the said information refers. (b) Some Financial Instruments may not become immediately liquid as a result e.g. of reduced demand and the Client may not be in a position to sell them or easily obtain information on the value of these Financial Instruments or the extent of the associated risks. (c) When a Financial Instrument is traded in a currency currencies other than the currency of the Client’s your country of residence, any changes you are running the risk of a change in the exchange rates may have a negative rate that will decrease the value and price of the Financial Instruments and in effect on its value, price and their performance. (d3) A You must be aware that you are running the risk of losing all of your funds invested, and must only purchase Financial Instrument on foreign markets Instruments if you are willing to do so, if happened. Further, all expenses and commissions incurred will be payable from you. The maximum loss that may entail risks different be incurred by any customer is the amount of money paid by them to the usual risks of Company including rolling fees for day trade deals. Each financial contract purchased by a customer via the markets in Company’s website is an individual Agreement made between that customer and the Client’s country of residenceCompany, and is not transferable, negotiable or assignable to or with any third party. In some casesBy accepting this Agreement, these risks may be greater. The prospect of profit or loss from transactions on foreign markets is also affected by exchange rate fluctuations. (e) The Client must not invest in Financial Instruments unless he is willing to undertake the risks of losing entirely all the money which he has invested and also any additional commissions and other expenses and losses incurred. 19.4 The Client acknowledges and accepts you consent that there may be other risks which are not contained in this Clause 19 and has you have read and accepted all information under the titles ― GENERAL RISK DISCLOSURE terms of the "Risk Disclosure" that the Company has adopted as this information policy is loaded on mentioned in detail in the Company‘s webpage publicly Company’s main website public and available to all Clients. 19.5 Access to the Online Service or any portion thereof, may be restricted or unavailable during periods of peak demands, extreme market volatility, systems upgrades or any other reasons. Colmex Pro or its Service Provider(s), affiliates, custodians etc., (“Service Provider(s)”) makes no express or implied representations or warranties to the Client regarding the usability, condition or operation thereof. Colmex Pro and/or its Service Provider(s) do not warrant that access to, or use of the Online Service will be uninterrupted or error free or that the Online Service will meet any particular criteria of performance or quality. Colmex Pro or anyone else involved in creating, producing, delivering or managing the Online Service shall, under no circumstances including negligence, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Online Service, or out of any breach of any warranty, including, without limitation, those for business interruption or loss of profits. Neither Colmex Pro nor any of Colmex Pro’s directors, officers, employees, agents, contractors, affiliates, third party vendors, facilities, information providers, licensors, exchanges, clearing organizations or other suppliers providing data, information, or services, warrant that the Online Service will be uninterrupted or error free; nor does Colmex Pro make any warranty as to the results that may be obtained from the use of the Online Service or as to the timeliness, sequence, accuracy, completeness, reliability or content of any information, service, or transaction provided through the Online Service. In the events where the Client’s access to the Online Service, or any portion thereof, is restricted, unavailable or delayed, the Client agrees to use other available means (if any), provided by Colmex Pro, to place the Client’s order/request(s) for transaction(s) or to access information. Colmex Pro is not liable for any losses, lost opportunities or increased costs, increased commissions etc., that may result from the Client’s inability to use the Online Service to place order/request(s) for transactions, receive confirmation for transactions or access information. The Client expressly agrees that the use of the Online Service is at Client’s sole risk. The Client acknowledges full responsibility and risk of loss that may result from use of, or materials obtained through, the Online Service. By placing order/request(s) through the Online Service, the Client acknowledges that the Client order/request(s) may not be reviewed by Colmex Pro prior to execution. The Client agrees that Colmex Pro is not liable for any losses, lost opportunities or increased costs, increased commissions/charges/costs etc., that may result from the execution of order/request(s) made by the Client.

Appears in 1 contract

Samples: Client Agreement

Acknowledgement of Risks. 19.1 24.1 The Client unreservedly unconditionally acknowledges and accepts that, regardless of any information which may be offered provided by the Company, the value of any investment in Financial Instruments may fluctuate downwards or upwards and it is even probable that the investment may become of no value.; 19.2 24.2 The Client unreservedly unconditionally acknowledges and accepts that he runs a great risk of incurring losses and damages as a result of the purchase and/or sale of any Financial Instrument and unconditionally accepts and declares that he is willing to undertake this risk.; 19.3 24.3 The Client declares that he has read, comprehends and unreservedly unconditionally accepts the following: (a) Information of the previous performance of a Financial Instrument does not guarantee its current and/or future performance. The use of historical data does not constitute a binding or safe forecast as to the corresponding future performance of the Financial Instruments to which the said information refers.; (b) Some Financial Instruments may not become immediately liquid as a result e.g. of reduced demand and the Client may not be in a position to sell them or easily obtain information on the value of these Financial Instruments or the extent of the associated risks.; (c) When a Financial Instrument is traded in a currency other than the currency of the Client’s Client 's country of residence, any changes in the exchange rates may have a negative effect on its value, price and performance.; (d) A Financial Instrument on foreign markets may entail risks different to the usual risks of the markets in the Client’s 's country of residence. In some cases, these risks may be greater. The prospect of profit or loss from transactions on foreign markets is also affected by exchange rate fluctuations.; (e) The Financial Instruments offered by the Company are a non-delivery spot transaction and CFD Contract giving an opportunity to trade on changes in currency and cryptocurrency rates, commodities, stock market indices or share prices called the Underlying Assets; (f) The value of the Financial instruments is directly affected by the price of the security or any other Underlying Asset which is the object of the acquisition; (g) The Client must should not invest in purchase Financial Instruments unless he is willing to undertake the risks of losing entirely all the money which he has invested and also any additional commissions and other expenses and losses incurred. 19.4 (h) CFDs are complex instruments and come with a high risk of losing money rapidly due to leverage. You should consider whether you understand how CFDs, or any other products work and whether you can afford to take this risk. 24.4 The Client acknowledges and accepts that there may be other risks which are not contained in this Clause 19 Paragraph 24 and has read and accepted all information under the titles ― GENERAL RISK DISCLOSURE "General Risk Disclosure" as this information is loaded on the Company‘s Company's webpage publicly public and available to all Clients. 19.5 Access to the Online Service or any portion thereof, may be restricted or unavailable during periods of peak demands, extreme market volatility, systems upgrades or any other reasons. Colmex Pro or its Service Provider(s), affiliates, custodians etc., (“Service Provider(s)”) makes no express or implied representations or warranties to the Client regarding the usability, condition or operation thereof. Colmex Pro and/or its Service Provider(s) do not warrant that access to, or use of the Online Service will be uninterrupted or error free or that the Online Service will meet any particular criteria of performance or quality. Colmex Pro or anyone else involved in creating, producing, delivering or managing the Online Service shall, under no circumstances including negligence, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Online Service, or out of any breach of any warranty, including, without limitation, those for business interruption or loss of profits. Neither Colmex Pro nor any of Colmex Pro’s directors, officers, employees, agents, contractors, affiliates, third party vendors, facilities, information providers, licensors, exchanges, clearing organizations or other suppliers providing data, information, or services, warrant that the Online Service will be uninterrupted or error free; nor does Colmex Pro make any warranty as to the results that may be obtained from the use of the Online Service or as to the timeliness, sequence, accuracy, completeness, reliability or content of any information, service, or transaction provided through the Online Service. In the events where the Client’s access to the Online Service, or any portion thereof, is restricted, unavailable or delayed, the Client agrees to use other available means (if any), provided by Colmex Pro, to place the Client’s order/request(s) for transaction(s) or to access information. Colmex Pro is not liable for any losses, lost opportunities or increased costs, increased commissions etc., that may result from the Client’s inability to use the Online Service to place order/request(s) for transactions, receive confirmation for transactions or access information. The Client expressly agrees that the use of the Online Service is at Client’s sole risk. The Client acknowledges full responsibility and risk of loss that may result from use of, or materials obtained through, the Online Service. By placing order/request(s) through the Online Service, the Client acknowledges that the Client order/request(s) may not be reviewed by Colmex Pro prior to execution. The Client agrees that Colmex Pro is not liable for any losses, lost opportunities or increased costs, increased commissions/charges/costs etc., that may result from the execution of order/request(s) made by the Client.

Appears in 1 contract

Samples: Service Agreement

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