Common use of COMPANY LIABILITY AND INDEMNITY Clause in Contracts

COMPANY LIABILITY AND INDEMNITY. It shall be noted that the Company will perform transactions in good faith and with proper due diligence but shall not be held liable for any omission, deliberate omission or fraud by any person, firm or company from whom the Company receives instructions for the execution of the client’s orders and/or from which transactions are carried out on behalf of the client, including where this would be the result of negligence, deliberate omission or fraud on the part of the Company. The Company will not be held liable for any lost opportunities by the client that have resulted in either losses or reduction (or increase) in the value of the client’s Financial Instruments. In case the Company incurs any claims, losses, damage, liability or expenses that arise throughout the provision of the services and all related operations that are performed as a means for these services to be performed for the client, as these are agreed in this agreement, the client is fully liable for these losses/expenses/liabilities/claims whereas the Company bears absolutely no responsibility and it is therefore the client’s responsibility to indemnify the Company for the aforementioned. The Company shall not be held liable for any damage caused to the Client as a result of any omission, negligence, deliberate omission or fraud by the bank where the bank account is maintained. The Company shall not be held liable for the loss of Financial Instruments and funds of the client in cases where the client’s assets are kept by a third party such as a bank or for an act, which was carried out based on inaccurate information at its disposal prior to being informed by the client, of any change in the said information. The Company makes every possible effort to ensure that the banks and financial institutions to which the client’s funds and/or Financial Instruments are deposited are of good standing and reputation. However, the Company shall not be held liable in the event of a loss resulting from deterioration of the financial standing of a bank or financial institution, or for an event such as a liquidation, receivership or any other event that causes the bank or financial institution to fail and therefore leads to a loss of all or part of the funds deposited. The Company being a member of the Investors Compensation Fund (the “Fund” or the “ICF”) provides the covered clients with the extra security of receiving compensation from the Fund, for any claims arising from the malfunction on behalf of the Company or if the Company fails to fulfil its obligations regardless of whether that obligation arises from a breach of applicable laws or regulations, the Agreement or from any wrongdoing by the Company. By accepting the Agreement, the Client has read, understood and accepted the information under the title “Investor Compensation Fund” as this information is loaded on the Company’s main website and it is publicly available for all clients. Payments under the Investor Compensation Fund are subject to a maximum payment to any covered client of EUR 20 000. Without prejudice to any other terms of this Agreement, the Company will not be liable for: • Systems errors (Company’s or service providers) • Delays • Viruses • Unauthorized use • For any act taken by or on the instruction of a market, clearing house or regulatory body. The Company shall not be liable to the client for any partial or non-performance of its obligations hereunder by reason of any cause beyond the reasonable control of the Company, including any breakdown, delay, malfunction or failure of transmission, communication or computer facilities, industrial action, act of terrorism, act of God, acts and regulations of any governmental or supra national bodies or authorities or the failure by the relevant intermediate broker or agent, agent or principal of the Company’s custodian, sub-custodian, dealer, market, clearing house or regulatory or self-regulatory organization, for any reason, to perform its obligations. Neither the Company nor its directors, officers, employees or agents shall be liable for any losses, damages, costs or expenses, whether arising out of negligence, breach of contract, misrepresentation or otherwise, incurred or suffered by the Client under this Agreement (including any transaction or where the Company has declined to enter into a proposed transaction). In no circumstance, shall the Company have liability for losses suffered by the client or any third party for any special or consequential damage, loss of profits, loss of goodwill or loss of business opportunity arising under or in connection with this agreement, whether arising out of negligence, breach of contract, misrepresentation or otherwise. The client shall pay to the Company such sums as it may from time to time require in order to maintain the margin in the client’s accounts with the Company and, on a full indemnity basis, any losses, liabilities, costs or expenses (including legal fees), taxes, imposts and levies which the Company may incur or be subjected to with respect to any of the client’s accounts or any transaction or any matching transaction on a market or with an intermediate broker or as a result of any misrepresentation by the client or any violation by the client of his obligations under this Agreement or by enforcement of the Company’s rights. The client acknowledges that he has not relied on or has not been induced to enter into this Agreement by a representation other than those expressly set out in this Agreement. The Company will not be liable to the client for a representation that is not set out in this Agreement and that is not fraudulent.

Appears in 5 contracts

Samples: Terms and Conditions, Terms and Conditions, Terms and Conditions

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COMPANY LIABILITY AND INDEMNITY. It shall be noted that the Company will perform transactions in good faith and with proper due diligence but shall not be held liable for any omission, deliberate omission or fraud by any person, firm or company from whom the Company receives instructions for the execution of the client’s orders and/or from which transactions are carried out on behalf of the client, including where this would be the result of negligence, deliberate omission or fraud on the part of the Company. The Company will not be held liable for any lost opportunities by the client you that have resulted in either losses or reduction (or increase) in the value of the client’s your Financial Instruments. In case the Company incurs any claims, losses, damage, liability or expenses that arise throughout the provision of the services Services and all related operations that are performed as a means mean for these services Services to be performed for the client, to you as these are agreed in this agreementAgreement or in relation to the potential disposal of your Financial Instruments, the client is you are fully liable for these losses/expenses/liabilities/claims whereas the Company bears absolutely no responsibility and it is therefore the client’s is, therefore, your responsibility to indemnify the Company for the aforementioned. The Company shall not be held liable for any damage caused to the Client you as a result of any omission, negligence, deliberate omission or fraud by the bank where the Company’s bank account is maintained. The Company shall not be held liable for the loss of Financial Instruments and funds of the client you in cases where the client’s your assets are kept by a third party such as a bank bank, or for an act, which was carried out based on inaccurate information at its disposal prior to being informed by the clientyou, of any change in the said information. The Company makes every possible effort etfort to ensure that the banks Banks and financial institutions to which the client’s your funds and/or Financial Instruments are deposited are of good standing and reputation. However, the Company shall not be held liable in the event of a loss resulting from deterioration of the financial standing of a bank or financial institution, or for an event such as a liquidation, receivership or any other event that causes the bank Bank or financial institution to fail of a failure and therefore leads to a loss of all or part of the funds deposited. The Company being a member of the Investors Compensation Fund (the “Fund” or the “ICF”) provides the covered clients with the extra security of receiving compensation from the Fund, for any claims arising from the malfunction on behalf of the Company or if the Company fails to fulfil its obligations regardless of whether that obligation arises from a breach of applicable laws or regulations, the Agreement or from any wrongdoing by the Company. By accepting the Agreement, the Client has read, understood and accepted the information under the title “Investor Compensation Fund” as this information is loaded on the Company’s main website and it is publicly available for all clients. Payments under the Investor Compensation Fund are subject to a maximum payment to any covered client of EUR 20 000. Without prejudice to any other terms of this Agreement, the Company will not be liable for: Systems errors (Company’s or service providers) Delays Viruses Unauthorized use For any act taken by or on the instruction of a marketMarket, clearing house or regulatory body. ● We shall not be held responsible in the case of delays or other errors caused during the transmission of orders and/or messages via computer. We shall not be held responsible for the information received via computer or for any loss which you may incur in case this information is inaccurate. The Company shall not be liable to the client you for any partial or non-performance of its obligations hereunder by reason of any cause beyond the reasonable control of the Company, including without limitation any breakdown, delay, malfunction or failure of transmission, communication or computer facilities, industrial action, act of terrorism, act of God, acts and regulations of any governmental or supra national supranational bodies or authorities or the failure by the relevant intermediate broker or agent, agent or principal of the Company’s custodian, sub-custodian, dealer, marketMarket, clearing house or regulatory or self-regulatory organization, for any reason, to perform its obligations. Neither the Company nor its directors, officers, employees employees, or agents shall be liable for any losses, damages, costs or expenses, whether arising out of negligence, breach of contract, misrepresentation or otherwise, incurred or suffered sutfered by the Client you under this Agreement (including any transaction Transaction or where the Company has declined to enter into a proposed transactionTransaction). In no circumstance, shall the Company have has liability for losses suffered sutfered by the client you or any third party for any special or consequential damage, loss of profits, loss of goodwill or loss of business opportunity arising under or in connection with this agreementAgreement, whether arising out of negligence, breach of contract, misrepresentation or otherwise. The client You shall pay to the Company such sums as it may from time to time require in order to maintain the margin in the client’s or towards satisfaction of any debit balance on any of your accounts with the Company and, on a full indemnity basis, any losses, liabilities, costs or expenses (including legal fees), taxes, imposts and levies which the Company may incur or be subjected to with respect to any of the client’s your accounts or any transaction Transaction or any matching transaction Transaction on a market Market or with an intermediate broker or as a result of any misrepresentation by the client you or any violation by the client you of his your obligations under this Agreement (including any Transaction) or by the enforcement of the Company’s rights. The client acknowledges You acknowledge that he has you have not relied on or has not been induced to enter into this Agreement by a representation other than those expressly set out in this Agreement. The Company will not be liable to the client you for a representation that is not set out in this Agreement and that is not fraudulent.

Appears in 2 contracts

Samples: www.stonecoin.biz, www.stonecoin.biz

COMPANY LIABILITY AND INDEMNITY. It shall be noted that the Company and any entity related to the Company, will perform transactions in good faith and with proper due diligence but shall not be held liable for any omission, deliberate omission or fraud by any person, firm or company from whom the Company receives instructions for the execution of the client’s orders Orders and/or from which transactions are carried out on behalf of the clientyou, including where this would be the result of negligence, deliberate omission or fraud on the part of the Company. The Company will not be held liable for any lost opportunities by the client you that have resulted in either losses or reduction (or increase) in the value of the client’s your Financial Instruments. In case the Company incurs any claims, losses, damage, liability or expenses that arise throughout the provision of the services Services and all related operations that are performed as a means mean for these services Services to be performed for the client, to you as these are agreed in this agreementAgreement or in relation to the potential disposal of your Financial Instruments, the client is you are fully liable for these losses/expenses/liabilities/claims whereas the Company bears absolutely no responsibility and it is therefore the client’s your responsibility to indemnify the Company for the aforementioned. The Company shall not be held liable for any damage caused to the Client you as a result of any omission, negligence, deliberate omission or fraud by the bank where the Company’s bank account is maintained. The Company shall not be held liable for the loss of Financial Instruments and funds of the client you in cases where the client’s your assets are kept by a third party such as a bank bank, or for an act, which was carried out based on inaccurate information at its disposal prior to being informed by the clientyou, of any change in the said information. The Company makes every possible effort to ensure that the banks Banks and financial institutions to which the client’s your funds and/or Financial Instruments are deposited are of good standing and reputation. However, the Company shall not be held liable in the event of a loss resulting from deterioration of the financial standing of a bank or financial institution, or for an event such as a liquidation, receivership or any other event that causes the bank Bank or financial institution to fail of a failure and therefore leads to a loss of all or part of the funds deposited. The Company being a member of the Investors Compensation Fund (the "Fund” or the “ICF”") provides the covered retail clients with the extra security of receiving compensation from the Fund, for any claims arising from the malfunction on behalf of the Company or if the Company fails to fulfil its obligations regardless of whether that obligation arises from a breach of applicable laws law or regulations, the Agreement or from any wrongdoing by the Company. By accepting the Agreement, the Client has Agreement you have read, understood and accepted the information under the title “Investor Compensation Fund” "INVESTOR COMPENSATION FUND" as this information is loaded on the Company’s main website public and it is publicly available for all clientsClients. Payments under the Investor Compensation Fund in respect of investments are subject to a maximum payment to any covered client retail investor of EUR 20 00020,000. Without prejudice to any other terms of this Agreement, the Company will not be liable for: • Systems errors (Company’s or service providers) • Delays • Viruses • Unauthorized use • For any act taken by or on the instruction of a market, clearing house or regulatory body. The Company shall not be liable to the client for any partial or non-performance of its obligations hereunder by reason of any cause beyond the reasonable control of the Company, including any breakdown, delay, malfunction or failure of transmission, communication or computer facilities, industrial action, act of terrorism, act of God, acts and regulations of any governmental or supra national bodies or authorities or the failure by the relevant intermediate broker or agent, agent or principal of the Company’s custodian, sub-custodian, dealer, market, clearing house or regulatory or self-regulatory organization, for any reason, to perform its obligations. Neither the Company nor its directors, officers, employees or agents shall be liable for any losses, damages, costs or expenses, whether arising out of negligence, breach of contract, misrepresentation or otherwise, incurred or suffered by the Client under this Agreement (including any transaction or where the Company has declined to enter into a proposed transaction). In no circumstance, shall the Company have liability for losses suffered by the client or any third party for any special or consequential damage, loss of profits, loss of goodwill or loss of business opportunity arising under or in connection with this agreement, whether arising out of negligence, breach of contract, misrepresentation or otherwise. The client shall pay to the Company such sums as it may from time to time require in order to maintain the margin in the client’s accounts with the Company and, on a full indemnity basis, any losses, liabilities, costs or expenses (including legal fees), taxes, imposts and levies which the Company may incur or be subjected to with respect to any of the client’s accounts or any transaction or any matching transaction on a market or with an intermediate broker or as a result of any misrepresentation by the client or any violation by the client of his obligations under this Agreement or by enforcement of the Company’s rights. The client acknowledges that he has not relied on or has not been induced to enter into this Agreement by a representation other than those expressly set out in this Agreement. The Company will not be liable to the client for a representation that is not set out in this Agreement and that is not fraudulent.:

Appears in 1 contract

Samples: Terms and Conditions

COMPANY LIABILITY AND INDEMNITY. It shall be noted that the Company and any entity related to the Company, will perform transactions in good faith and with proper due diligence but shall not be held liable for any omission, deliberate omission or fraud by any person, firm or company from whom the Company receives instructions for the execution of the client’s orders Orders and/or from which transactions transac- tions are carried out on behalf of the clientyou, including where this would be the result of negligence, deliberate omission or fraud on the part of the Company. The Company will not be held liable for any lost opportunities by the client you that have resulted in either losses or reduction (or increase) in the value of the client’s your Financial Instruments. In case the Company incurs any claims, losses, damage, liability or expenses that arise throughout the provision of the services Services and all related operations that are performed as a means mean for these services Services to be performed for the client, to you as these are agreed in this agreementAgreement or in relation to the potential disposal of your Financial Instruments, the client is you are fully liable for these losses/expenses/liabilities/claims whereas the Company bears absolutely no responsibility and it is therefore the client’s your responsibility to indemnify the Company for the aforementioned. The Company shall not be held liable for any damage caused to the Client you as a result of any omission, negligence, deliberate omission or fraud by the bank where the Company’s bank account is maintained. 1919 The Company shall not be held liable for the loss of Financial Instruments and funds of the client you in cases where the client’s your assets are kept by a third party such as a bank bank, or for an act, which was carried out based on inaccurate information at its disposal prior to being informed by the clientyou, of any change in the said information. The Company makes every possible effort to ensure that the banks Banks and financial institutions to which the client’s your funds and/or Financial Instruments are deposited are of good standing and reputation. However, the Company shall not be held liable in the event of a loss resulting from deterioration deterio- ration of the financial standing of a bank or financial institution, or for an event such as a liquidation, receivership or any other event that causes the bank Bank or financial institution to fail of a failure and therefore leads to a loss of all or part of the funds deposited. The Company being a member of the Investors Compensation Fund (the “Fund” or the “ICF”) provides the covered clients you with the extra security of receiving compensation from the Fund, for any claims arising from the malfunction on behalf of the Company or if the Company fails to fulfil its obligations regardless of whether that obligation arises from a breach of applicable laws law or regulations, the Agreement or from any wrongdoing by the Company. By accepting the Agreement, the Client has Agreement you have read, understood and accepted the information under the title “Investor Compensation FundINVESTOR COMPENSATION FUNDas in this information is loaded on the Company’s main website and it is publicly available for all clients. Payments under the Investor Compensation Fund are subject to a maximum payment to any covered client of EUR 20 000policy clause 20. Without prejudice to any other terms of this Agreement, the Company will not be liable for: • Systems errors (Company’s or service providers) • Delays • Viruses • Unauthorized use • For any act taken by or on the instruction of a market, clearing house or regulatory body. The Company shall not be liable to the client for any partial or non-performance of its obligations hereunder by reason of any cause beyond the reasonable control of the Company, including any breakdown, delay, malfunction or failure of transmission, communication or computer facilities, industrial action, act of terrorism, act of God, acts and regulations of any governmental or supra national bodies or authorities or the failure by the relevant intermediate broker or agent, agent or principal of the Company’s custodian, sub-custodian, dealer, market, clearing house or regulatory or self-regulatory organization, for any reason, to perform its obligations. Neither the Company nor its directors, officers, employees or agents shall be liable for any losses, damages, costs or expenses, whether arising out of negligence, breach of contract, misrepresentation or otherwise, incurred or suffered by the Client under this Agreement (including any transaction or where the Company has declined to enter into a proposed transaction). In no circumstance, shall the Company have liability for losses suffered by the client or any third party for any special or consequential damage, loss of profits, loss of goodwill or loss of business opportunity arising under or in connection with this agreement, whether arising out of negligence, breach of contract, misrepresentation or otherwise. The client shall pay to the Company such sums as it may from time to time require in order to maintain the margin in the client’s accounts with the Company and, on a full indemnity basis, any losses, liabilities, costs or expenses (including legal fees), taxes, imposts and levies which the Company may incur or be subjected to with respect to any of the client’s accounts or any transaction or any matching transaction on a market or with an intermediate broker or as a result of any misrepresentation by the client or any violation by the client of his obligations under this Agreement or by enforcement of the Company’s rights. The client acknowledges that he has not relied on or has not been induced to enter into this Agreement by a representation other than those expressly set out in this Agreement. The Company will not be liable to the client for a representation that is not set out in this Agreement and that is not fraudulent.:

Appears in 1 contract

Samples: Terms and Conditions

COMPANY LIABILITY AND INDEMNITY. It shall be noted that the Company and any entity related to the Company, will perform transactions in good faith and with proper due diligence but shall not be held liable for any omission, deliberate omission or fraud by any person, firm or company from whom the Company receives instructions for the execution of the client’s orders Orders and/or from which transactions are carried out on behalf of the clientyou, including where this would be the result of negligence, deliberate omission or fraud on the part of the Company. The Company will not be held liable for any lost opportunities by the client you that have resulted in either losses or reduction (or increase) in the value of the client’s your Financial Instruments. In case the Company incurs any claims, losses, damage, liability or expenses that arise throughout the provision of the services Services and all related operations that are performed as a means mean for these services Services to be performed for the client, to you as these are agreed in this agreementAgreement or in relation to the potential disposal of your Financial Instruments, the client is you are fully liable for these losses/expenses/liabilities/claims whereas the Company bears absolutely no responsibility and it is therefore the client’s your responsibility to indemnify the Company for the aforementioned. The Company shall not be held liable for any damage caused to the Client you as a result of any omission, negligence, deliberate omission or fraud by the bank where the Company’s bank account is maintained. The Company shall not be held liable for the loss of Financial Instruments and funds of the client you in cases where the client’s your assets are kept by a third party such as a bank bank, or for an act, which was carried out based on inaccurate information at its disposal prior to being informed by the clientyou, of any change in the said information. The Company makes every possible effort to ensure that the banks Banks and financial institutions to which the client’s your funds and/or Financial Instruments are deposited are of good standing and reputation. However, the Company shall not be held liable in the event of a loss resulting from deterioration of the financial standing of a bank or financial institution, or for an event such as a liquidation, receivership or any other event that causes the bank Bank or financial institution to fail of a failure and therefore leads to a loss of all or part of the funds deposited. The Company being a member of the Investors Compensation Fund (the “Fund” or the “ICF”) provides the covered clients with the extra security of receiving compensation from the Fund, for any claims arising from the malfunction on behalf of the Company or if the Company fails to fulfil its obligations regardless of whether that obligation arises from a breach of applicable laws or regulations, the Agreement or from any wrongdoing by the Company. By accepting the Agreement, the Client has read, understood and accepted the information under the title “Investor Compensation Fund” as this information is loaded on the Company’s main website and it is publicly available for all clients. Payments under the Investor Compensation Fund are subject to a maximum payment to any covered client of EUR 20 000. Without prejudice to any other terms of this Agreement, the Company will not be liable for: • Systems errors (Company’s or service providers) • Delays • Viruses • Unauthorized use • For any act taken by or on the instruction of a market, clearing house or regulatory body. The Company shall not be liable to the client for any partial or non-performance of its obligations hereunder by reason of any cause beyond the reasonable control of the Company, including any breakdown, delay, malfunction or failure of transmission, communication or computer facilities, industrial action, act of terrorism, act of God, acts and regulations of any governmental or supra national bodies or authorities or the failure by the relevant intermediate broker or agent, agent or principal of the Company’s custodian, sub-custodian, dealer, market, clearing house or regulatory or self-regulatory organization, for any reason, to perform its obligations. Neither the Company nor its directors, officers, employees or agents shall be liable for any losses, damages, costs or expenses, whether arising out of negligence, breach of contract, misrepresentation or otherwise, incurred or suffered by the Client under this Agreement (including any transaction or where the Company has declined to enter into a proposed transaction). In no circumstance, shall the Company have liability for losses suffered by the client or any third party for any special or consequential damage, loss of profits, loss of goodwill or loss of business opportunity arising under or in connection with this agreement, whether arising out of negligence, breach of contract, misrepresentation or otherwise. The client shall pay to the Company such sums as it may from time to time require in order to maintain the margin in the client’s accounts with the Company and, on a full indemnity basis, any losses, liabilities, costs or expenses (including legal fees), taxes, imposts and levies which the Company may incur or be subjected to with respect to any of the client’s accounts or any transaction or any matching transaction on a market or with an intermediate broker or as a result of any misrepresentation by the client or any violation by the client of his obligations under this Agreement or by enforcement of the Company’s rights. The client acknowledges that he has not relied on or has not been induced to enter into this Agreement by a representation other than those expressly set out in this Agreement. The Company will not be liable to the client for a representation that is not set out in this Agreement and that is not fraudulent.:

Appears in 1 contract

Samples: Terms and Conditions

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COMPANY LIABILITY AND INDEMNITY. It shall be noted that the Company and any entity related to the Company, will perform transactions in good faith and with proper due diligence but shall not be held liable for any omission, deliberate omission or fraud by any person, firm or company from whom the Company receives instructions for the execution of the client’s orders Orders and/or from which transactions transac- tions are carried out on behalf of the clientyou, including where this would be the result of negligence, deliberate omission or fraud on the part of the Company. The Company will not be held liable for any lost opportunities by the client you that have resulted in either losses or reduction (or increase) in the value of the client’s your Financial Instruments. In case the Company incurs any claims, losses, damage, liability or expenses that arise throughout the provision of the services Services and all related operations that are performed as a means mean for these services Services to be performed for the client, to you as these are agreed in this agreementAgreement or in relation to the potential disposal of your Financial Instruments, the client is you are fully liable for these losses/expenses/liabilities/claims whereas the Company bears absolutely no responsibility and it is therefore the client’s your responsibility to indemnify the Company for the aforementioned. The Company shall not be held liable for any damage caused to the Client you as a result of any omission, negligence, deliberate omission or fraud by the bank where the Company’s bank account is maintained. 1919 The Company shall not be held liable for the loss of Financial Instruments and funds of the client you in cases where the client’s your assets are kept by a third party such as a bank bank, or for an act, which was carried out based on inaccurate information at its disposal prior to being informed by the clientyou, of any change in the said information. The Company makes every possible effort e"ort to ensure that the banks Banks and financial institutions to which the client’s your funds and/or Financial Instruments are deposited are of good standing and reputation. However, the Company shall not be held liable in the event of a loss resulting from deterioration deterio- ration of the financial standing of a bank or financial institution, or for an event such as a liquidation, receivership or any other event that causes the bank Bank or financial institution to fail of a failure and therefore leads to a loss of all or part of the funds deposited. The Company being a member of the Investors Compensation Fund (the “Fund” or the “ICF”) provides the covered clients you with the extra security of receiving compensation from the Fund, for any claims arising from the malfunction on behalf of the Company or if the Company fails to fulfil its obligations regardless of whether that obligation arises from a breach of applicable laws law or regulations, the Agreement or from any wrongdoing by the Company. By accepting the Agreement, the Client has Agreement you have read, understood and accepted the information under the title “Investor Compensation FundINVESTOR COMPENSATION FUNDas in this information is loaded on the Company’s main website and it is publicly available for all clients. Payments under the Investor Compensation Fund are subject to a maximum payment to any covered client of EUR 20 000policy clause 20. Without prejudice to any other terms of this Agreement, the Company will not be liable for: • Systems errors (Company’s or service providers) • Delays • Viruses • Unauthorized use • For any act taken by or on the instruction of a market, clearing house or regulatory body. The Company shall not be liable to the client for any partial or non-performance of its obligations hereunder by reason of any cause beyond the reasonable control of the Company, including any breakdown, delay, malfunction or failure of transmission, communication or computer facilities, industrial action, act of terrorism, act of God, acts and regulations of any governmental or supra national bodies or authorities or the failure by the relevant intermediate broker or agent, agent or principal of the Company’s custodian, sub-custodian, dealer, market, clearing house or regulatory or self-regulatory organization, for any reason, to perform its obligations. Neither the Company nor its directors, officers, employees or agents shall be liable for any losses, damages, costs or expenses, whether arising out of negligence, breach of contract, misrepresentation or otherwise, incurred or suffered by the Client under this Agreement (including any transaction or where the Company has declined to enter into a proposed transaction). In no circumstance, shall the Company have liability for losses suffered by the client or any third party for any special or consequential damage, loss of profits, loss of goodwill or loss of business opportunity arising under or in connection with this agreement, whether arising out of negligence, breach of contract, misrepresentation or otherwise. The client shall pay to the Company such sums as it may from time to time require in order to maintain the margin in the client’s accounts with the Company and, on a full indemnity basis, any losses, liabilities, costs or expenses (including legal fees), taxes, imposts and levies which the Company may incur or be subjected to with respect to any of the client’s accounts or any transaction or any matching transaction on a market or with an intermediate broker or as a result of any misrepresentation by the client or any violation by the client of his obligations under this Agreement or by enforcement of the Company’s rights. The client acknowledges that he has not relied on or has not been induced to enter into this Agreement by a representation other than those expressly set out in this Agreement. The Company will not be liable to the client for a representation that is not set out in this Agreement and that is not fraudulent.fors

Appears in 1 contract

Samples: Terms and Conditions

COMPANY LIABILITY AND INDEMNITY. It shall be noted that the Company and any entity related to the Company, will perform transactions in good faith and with proper due diligence but shall not be held liable for any omission, deliberate omission or fraud by any person, firm or company from whom the Company receives instructions for the execution of the client’s orders Orders and/or from which transactions are carried out on behalf of the clientyou, including where this would be the result of negligence, deliberate omission or fraud on the part of the Company. The Company will not be held liable for any lost opportunities by the client you that have resulted in either losses or reduction (or increase) in the value of the client’s your Financial Instruments. In case the Company incurs any claims, losses, damage, liability liability, or expenses that arise throughout the provision of the services Services and all related operations that are performed as a means mean for these services Services to be performed for the client, to you as these are agreed in this agreementAgreement, or in relation to the client is potential disposal of your Financial Instruments, you are fully liable for these losses/expenses/liabilities/liabilities/ claims whereas the Company bears absolutely no responsibility and it is therefore the client’s your responsibility to indemnify the Company for the aforementioned. The Company shall not be held liable for any damage caused to the Client you as a result of any omission, negligence, deliberate omission or fraud by the bank where the Company’s bank account is maintained. The Company shall not be held liable for the loss of Financial Instruments and funds of the client you in cases where the client’s your assets are kept by a third party such as a bank bank, or for an act, which was carried out based on inaccurate information at its disposal prior to being informed by the clientyou, of any change in the said information. The Company makes every possible effort to ensure that the banks Banks and financial institutions to which the client’s your funds and/or and/ or Financial Instruments are deposited deposited, are of good standing and reputation. However, the Company shall not be held liable in the event of a loss resulting from deterioration of the financial standing of a bank or financial institution, or for an event such as a liquidation, receivership or any other event that causes the bank Bank or financial institution to fail of a failure and therefore leads to a loss of all or part of the funds deposited. The Company being a member of the Investors Compensation Fund (the “Fund” or the “ICF”) provides the covered clients with the extra security of receiving compensation from the Fund, for any claims arising from the malfunction on behalf of the Company or if the Company fails to fulfil its obligations regardless of whether that obligation arises from a breach of applicable laws or regulations, the Agreement or from any wrongdoing by the Company. By accepting the Agreement, the Client has read, understood and accepted the information under the title “Investor Compensation Fund” as this information is loaded on the Company’s main website and it is publicly available for all clients. Payments under the Investor Compensation Fund are subject to a maximum payment to any covered client of EUR 20 000. Without prejudice to any other terms of this Agreement, the Company will not be liable for: • Systems errors (Company’s or service providers) • Delays • Viruses • Unauthorized use • For any act taken by or on the instruction of a marketMarket, clearing house or regulatory body. • Refer to Risk Disclosure for more details in technical risks. The Company shall not be liable to the client you for any partial or non-performance of its obligations hereunder by reason of any cause beyond the reasonable control of the Company, including without limitation any breakdown, delay, malfunction or failure of transmission, communication or computer facilities, industrial action, act of terrorism, act of God, acts and regulations of any governmental or supra national supranational bodies or authorities authorities, or the failure by the relevant intermediate broker or agent, agent or principal of the Company’s custodian, sub-custodian, dealer, marketMarket, clearing house or regulatory or self-regulatory organization, for any reason, to perform its obligations. You further acknowledge that you are responsible for reviewing the expiration dates for the CFDs, which are located on the Company’s official website. Neither the Company Company, nor its directors, officers, employees employees, or agents shall be liable for any losses, damages, costs costs, or expenses, whether arising out of negligence, breach of contract, misrepresentation or otherwise, incurred or suffered by the Client you under this Agreement (including any transaction Transaction or where the Company has declined to enter into a proposed transactionTransaction). In no circumstance, shall the Company have bear liability for losses suffered by the client you or any third party for any special or consequential damage, loss of profits, loss of goodwill or loss of business opportunity arising under or in connection with this agreementAgreement, whether arising out of negligence, breach of contract, misrepresentation or otherwise. The client You shall pay to the Company such sums sums, as it may from time to time require in order to maintain the margin in the client’s or towards satisfaction of any debit balance on any of your accounts with the Company and, on a full indemnity basis, any losses, liabilities, costs or expenses (including legal fees), taxes, imposts and levies which the Company may incur or be subjected to with respect to any of the client’s accounts your accounts, or any transaction Transaction, or any matching transaction Transaction on a market Market, or with an intermediate broker broker, or as a result of any misrepresentation by the client you, or any violation by the client you of his your obligations under this Agreement (including any Transaction), or by the enforcement of the Company’s rights. The client acknowledges You agree to defend, indemnify and hold harmless the Company and its Representatives, immediately on demand from and against any claims, demands, liabilities, damages, or costs (including attorneys’ fees, fines, or penalties) suffered, or which may be suffered by the Company and arising out of or related to: (i) any breach or alleged breach by you of the Terms; (ii) your use of the Website or Services or use by any other person accessing the Services using your user identification whether or not with your authorization; or (iii) any violation by you of any law, rule, regulation, or the rights of any third party. You acknowledge that he has you have not relied on or has not been induced to enter into this Agreement by a representation representation, other than those expressly set out in this Agreement. The Company will not be liable to the client you for a representation that is not set out in this Agreement Agreement, and that is not fraudulent.

Appears in 1 contract

Samples: afrimarkets.co.za

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