Company's Liability. 9.1. The Company cannot be liable for any unauthorised access by third parties to the Client’s personal information or leakages during data transmissions towards the Company’s representatives through the Internet. 9.2. The Company cannot be liable for any electricity malfunctions, which may lead to inadequacy in the Trading platform performance and/or for any losses or damages that may arise because of technical failures which may result in any part of the trading cycle i.e. from the price feed to the execution and settlement of any trades. 9.3. The Company is not liable for damages that the Client may suffer as a result of incorrect market data transmissions, technical problems and other malfunctions, network overloads, computer viruses, etc. The Client should understand that in case of any technical failure he or she may have limited access to the Trading platform. The Company may notify the Client in advance if it will be necessary to temporally suspend his or her access to the Trading platform because of the above-mentioned reasons. 9.4. The Company reserves the right to terminate the Client’s access to the Trading platform in its sole discretion in cases this measure is required. Such cases include the following: a) The Client violates the conditions of the present Agreement and does not fulfil his/her obligations; b) There is a problem with the Internet connection or the electricity supply of the Trading platform; c) There is a need to protect the Client’s interests because of his or her personal details security threat. 9.5. The Company has the right to cancel a transaction (trade) with Forex and CFD buying or selling if the contract has been made on a price that does not reflect fair market price. In this case, the Company will inform the Client about any mistakes regarding the trade price and cancel the Client’s trade. If deem necessary, the Company may restrict the volume of the Client’s trades or impose other restrictions. Profits of the contract with incorrect price will be paid in accordance with the current market quotes, which can be found on xxx.xxxxxxxx.xxx and that will be in communication with the bank-to-bank trade results. 9.6. The Company will not advise the Client about the merits of a particular Order or give him any form of investment advice and the Client acknowledges that the Services do not include the provision of investment advice in Financial Instruments or the Underlying Markets or Underlying Assets. The Client alone will decide how to handle his Trading Account and place Orders and take relevant decisions based on his own judgement.
Appears in 1 contract
Samples: Client Agreement
Company's Liability. 9.1. The Company cannot be liable for any unauthorised access by third parties to the Client’s personal information or leakages during data transmissions towards the Company’s representatives through the Internet.
9.2. The Company cannot be liable for any electricity malfunctions, which may lead to inadequacy in the Trading platform performance and/or for any losses or damages that may arise because of technical failures which may result in any part of the trading cycle i.e. from the price feed to the execution and settlement of any trades.
9.3. The Company is not liable for damages that the Client may suffer as a result of incorrect market data transmissions, technical problems and other malfunctions, network overloads, computer viruses, etc. The Client should understand that in case of any technical failure he or she may have limited access to the Trading platform. The Company may notify the Client in advance if it will be necessary to temporally suspend his or her access to the Trading platform because of the above-mentioned reasons.
9.4. The Company reserves the right to terminate the Client’s access to the Trading platform in its sole discretion in cases this measure is required. Such cases include the following:
a) The Client violates the conditions of the present Agreement and does not fulfil his/her obligations;
b) There is a problem with the Internet connection or the electricity supply of the Trading platform;
c) There is a need to protect the Client’s interests because of his or her personal details security threat.
9.5. The Company has the right to cancel a transaction (trade) with Forex and CFD buying or selling if the contract has been made on a price that does not reflect fair market price. In this case, the Company will inform the Client about any mistakes regarding the trade price and cancel the Client’s trade. If deem necessary, the Company may restrict the volume of the Client’s trades or impose other restrictions. Profits of the contract with incorrect price will be paid in accordance with the current market quotes, which can be found on xxx.xxxxxxxx.xxx and that will be in communication with the bank-to-bank trade results. .
9.6. The Company will not advise the Client about the merits of a particular Order or give him any form of investment advice and the Client acknowledges that the Services do not include the provision of investment advice in Financial Instruments or the Underlying Markets or Underlying Assets. The Client alone will decide how to handle his Trading Account and place Orders and take relevant decisions based on his own judgement.
9.7. The Company will not be under any duty to provide the Client with any legal, tax or other advice relating to any Transaction. The Client may wish to seek independent professional advice before entering into a Transaction.
9.8. The Company will perform the Client’s transactions in good faith and with proper due diligence but shall not be held liable for any Client omission or fraud. The Company is not liable for any losses that have been caused by the Client’s trading activity.
9.9. In case the Company incurs losses and damages that arise from the Client’s actions, then the Client is liable to refund all losses and to cover the Company’s expenses. 9.10. The Company is not liable for the Client's funds losses that arise from the Client’s trading activities that were based on fail market data, unless the Client notifies the Company about this fact.
Appears in 1 contract
Samples: Client Agreement
Company's Liability. 9.1. The Company cannot be liable for any unauthorised access by third parties to the Client’s personal information or leakages during data transmissions towards the Company’s representatives through the Internet.
9.2. The Company cannot be liable for any electricity malfunctions, which may lead to inadequacy in the Trading platform performance and/or for any losses or damages that may arise because of technical failures which may result in any part of the trading cycle i.e. from the price feed to the execution and settlement of any trades.
9.3. The Company is not liable for damages that the Client may suffer as a result of incorrect market data transmissions, technical problems and other malfunctions, network overloads, computer viruses, etc. The Client should understand that in case of any technical failure he or she may have limited access to the Trading platform. The Company may notify the Client in advance if it will be necessary to temporally suspend his or her access to the Trading platform because of the above-mentioned reasons.
9.4. The Company reserves the right to terminate the Client’s access to the Trading platform in its sole discretion in cases this measure is required. Such cases include the following:
a) a. The Client violates the conditions of the present Agreement and does not fulfil his/her obligations;
b) b. There is a problem with the Internet connection or the electricity supply of the Trading platform;
c) c. There is a need to protect the Client’s interests because of his or her personal details security threat.
9.5. The Company has the right to cancel a transaction (trade) with Forex and CFD buying or selling if the contract has been made on a price that does not reflect fair market price. In this case, the Company will inform the Client about any mistakes regarding the trade price and cancel the Client’s trade. If deem necessary, the Company may restrict the volume of the Client’s trades or impose other restrictions. Profits of the contract with incorrect price will be paid in accordance with the current market quotes, which can be found on xxx.xxxxxxxx.xxx and that will be in communication with the bank-to-bank trade results. .
9.6. The Company will not advise the Client about the merits of a particular Order or give him any form of investment advice and the Client acknowledges that the Services do not include the provision of investment advice in Financial Instruments or the Underlying Markets or Underlying Assets. The Client alone will decide how to handle his Trading Account and place Orders and take relevant decisions based on his own judgement.
9.7. The Company will not be under any duty to provide the Client with any legal, tax or other advice relating to any Transaction. The Client may wish to seek independent professional advice before entering into a Transaction.
9.8. The Company will perform the Client’s transactions in good faith and with proper due diligence but shall not be held liable for any Client omission or fraud. The Company is not liable for any losses that have been caused by the Client’s trading activity.
9.9. In case the Company incurs losses and damages that arise from the Client’s actions, then the Client is liable to refund all losses and to cover the Company’s expenses.
9.10. The Company is not liable for the Client's funds losses that arise from the Client’s trading activities that were based on fail market data, unless the Client notifies the Company about this fact.
9.11. Also, the Company cannot be liable for:
a. The Company’s system errors;
b. Quotes delays;
c. Internet viruses;
d. Illegal Trading terminal usage;
e. Actions of the clearing institutions or others that regulate financial markets.
f. Transactions made via the Client Terminal;
g. Any failure by the Company to perform any of its obligations under the Agreement because of Force Majeure Event or any other cause beyond its control;
h. The acts, omissions, or negligence of any third party;
i. Any person obtaining the Client’s Access Data that the Company has issued to the Client prior to the Client’s reporting to the Company of the misuse of his Access Data;
j. All Orders given through and under the Client’s Access Data;
k. Unauthorized third persons having access to information, including electronic addresses, electronic communication, personal data, and Access Data when the above are transmitted between the Parties or any other party, using the internet or other network communication facilities, post, telephone, or any other electronic means;
l. A delay transmitting any Order for Execution;
m. Currency risk;
n. Slippage;
o. Any of the risks related to Forex and CFD trading materialises;
p. Any changes in the rates of tax;
q. Any actions or representations of the Introducer; r. The Client relying on Trailing Stop and/or Expert Adviser;
9.12. The Company is not liable for failing to fulfil its obligations towards the Client if it has been caused by reasons beyond its control (hardware failure, quotes failure or delay, force majeure, etc.)
9.13. The Company is not liable for closing a trade (it is the Client’s responsibility).
9.14. The Company as well as any of its representatives is not liable for the Client losses that arise from negligent or violation of provisions of this Agreement.
9.15. The Client confirms that he or she accepts this Agreement of his or her own free will. The Company cannot be liable for any situations that are not described in this Agreement and it cannot be considered as fraud from the Company’s side.
9.16. If the Company incurs any claims, damage, liability, costs or expenses, which may arise due to the execution or as a result of the execution of the Agreement and/or in relation to the provision of the Services and/or in relation to any Order it is understood that the Company bears no responsibility whatsoever and it is the Client’s responsibility to indemnify the Company for such.
9.17. The Company shall in no circumstances be liable to the Client for any consequential, special or indirect losses, damages, loss of profits, loss of opportunity (including in relation to subsequent market movements), costs or expenses the Client may suffer in relation to the Agreement.
9.18. The site, services, site’s content and the software used in connection therewith are provided “as is”, and we make no warranty or representation, whether express or implied (whether by law, statute, or otherwise), including but not limited to implied warranties and conditions of merchantability, satisfactory quality, fitness for a particular purpose, completeness or accuracy, non-infringement of third parties’ rights or of applicable laws and regulation in respect of the site, services, site’s content and the software used in connection therewith, or that the site, services, site’s content and the software used in connection therewith will be uninterrupted, timely, secure or error-free, or that defects will be corrected, or will be free of viruses or bugs or as to results or the accuracy of any information through the site or services.
9.19. You acknowledge that the platform may not work error free. There is no warranty that the functions contained in the platform will meet your requirements or that the operation of the platform will be uninterrupted or error free. Also, there is no warranty or condition of title, quiet enjoyment, quiet possession, and correspondence to description or non-infringement, regarding the platform. The entire risk, if any, as to the quality of or arising out of use or performance of the platform or the use of the internet generally remains solely with you. The platform and the use of the platform through an internet connection are provided on an “as is” and “as available” basis and with all faults, and all warranties and conditions are disclaimed, either expressed, implied or statutory, including, but not limited to, any (if any) implied warranties or conditions of merchantability, non-infringement, title, satisfactory quality, fitness for a particular purpose, lack of viruses, accuracy or completeness of responses, results, and of lack of negligence or lack of workmanlike effort, all with regard to the platform and use or inability of use thereof. You hereby specifically agree and acknowledge that the above warranty is exhaustive and is in lieu of any other warranty, express or implied.
9.20. In no event shall licensor be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever (including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) with respect to the platform and the use or inability of use thereof, or otherwise under or in connection with any provision of these terms, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of the licensor and even if the licensor has been advised of the possibility of such damages.
9.21. In no event shall the licensor or its directors, officers, employees, contractors and agents be liable for lost profits, lost sales, lost business, lost opportunity, lost information or data, lost or wasted time or any indirect, special, incidental, punitive, or consequential damages (however caused, whether foreseeable or unforeseeable, whether based in contract, tort, or other product or strict liability, and regardless of whether licensor is made aware of the possibility of such damages.) Arising out of, or with respect to, the platform and/or the use or inability of use thereof.
9.22. The Client understands and accepts that the use of platform shall not be done in an abusive way by lag trading and/or usage of server latency, price manipulation, time manipulation and any similar practices. In such a case, the Company shall have the right, if applicable, to reverse all Client’s trades and close any or all his trading accounts.
9.23. In cases where the Client transfers his access codes to any unauthorised third party, the Company reserves the right, at its discretion, to terminate the Client’s access to the Company’s electronic systems or part of them in order to ensure the effective and efficient operation of its systems and protects the interests of its Clients and its own. In such cases the Company may close any or all trading accounts and limit / restrict the access to the Client’s trading account.
Appears in 1 contract
Samples: Client Agreement
Company's Liability. 9.1. The Company cannot be liable for any unauthorised access by third parties to the Client’s personal information or leakages during data transmissions towards the Company’s representatives through the Internet.
9.2. The Company cannot be liable for any electricity malfunctions, which may lead to inadequacy in the Trading platform performance and/or for any losses or damages that may arise because of technical failures which may result in any part of the trading cycle i.e. from the price feed to the execution and settlement of any trades.
9.3. The Company is not liable for damages that the Client may suffer as a result of incorrect market data transmissions, technical problems and other malfunctions, network overloads, computer viruses, etc. The Client should understand that in case of any technical failure he or she may have limited access to the Trading platform. The Company may notify the Client in advance if it will be necessary to temporally suspend his or her access to the Trading platform because of the above-mentioned reasons.
9.4. The Company reserves the right to terminate the Client’s access to the Trading platform in its sole discretion in cases this measure is required. Such cases include the following:
a) The Client violates the conditions of the present Agreement and does not fulfil his/her obligations;
b) There is a problem with the Internet connection or the electricity supply of the Trading platform;
c) There is a need to protect the Client’s interests because of his or her personal details security threat.
9.5. The Company has the right to cancel a transaction (trade) with Forex and CFD buying or selling if the contract has been made on a price that does not reflect fair market price. In this case, the Company will inform the Client about any mistakes regarding the trade price and cancel the Client’s trade. If deem necessary, the Company may restrict the volume of the Client’s trades or impose other restrictions. Profits of the contract with incorrect price will be paid in accordance with the current market quotes, which can be found on xxx.xxxxxxxx.xxx and that will be in communication with the bank-to-bank trade results. .
9.6. The Company will not advise the Client about the merits of a particular Order or give him any form of investment advice and the Client acknowledges that the Services do not include the provision of investment advice in Financial Instruments or the Underlying Markets or Underlying Assets. The Client alone will decide how to handle his Trading Account and place Orders and take relevant decisions based on his own judgement.
9.7. The Company will not be under any duty to provide the Client with any legal, tax or other advice relating to any Transaction. The Client may wish to seek independent professional advice before entering into a Transaction.
9.8. The Company will perform the Client’s transactions in good faith and with proper due diligence but shall not be held liable for any Client omission or fraud. The Company is not liable for any losses that have been caused by the Client’s trading activity.
9.9. In case the Company incurs losses and damages that arise from the Client’s actions, then the Client is liable to refund all losses and to cover the Company’s expenses.
9.10. The Company is not liable for the Client's funds losses that arise from the Client’s trading activities that were based on fail market data, unless the Client notifies the Company about this fact.
9.11. Also, the Company cannot be liable for:
a. The Company’s system errors;
b. Quotes delays;
c. Internet viruses;
d. Illegal Trading terminal usage;
e. Actions of the clearing institutions or others that regulate financial markets.
f. Transactions made via the Client Terminal;
g. Any failure by the Company to perform any of its obligations under the Agreement because of Force Majeure Event or any other cause beyond its control;
h. The acts, omissions, or negligence of any third party;
i. Any person obtaining the Client’s Access Data that the Company has issued to the Client prior to the Client’s reporting to the Company of the misuse of his Access Data;
j. All Orders given through and under the Client’s Access Data;
k. Unauthorized third persons having access to information, including electronic addresses, electronic communication, personal data, and Access Data when the above are transmitted between the Parties or any other party, using the internet or other network communication facilities, post, telephone, or any other electronic means;
l. A delay transmitting any Order for Execution;
m. Currency risk;
n. Slippage;
o. Any of the risks related to Forex and CFD trading materialises;
p. Any changes in the rates of tax;
q. Any actions or representations of the Introducer; r. The Client relying on Trailing Stop and/or Expert Adviser;
9.12. The Company is not liable for failing to fulfil its obligations towards the Client if it has been caused by reasons beyond its control (hardware failure, quotes failure or delay, force majeure, etc.)
9.13. The Company is not liable for closing a trade (it is the Client’s responsibility).
9.14. The Company as well as any of its representatives is not liable for the Client losses that arise from negligent or violation of provisions of this Agreement.
9.15. The Client confirms that he or she accepts this Agreement of his or her own free will. The Company cannot be liable for any situations that are not described in this Agreement and it cannot be considered as fraud from the Company’s side.
9.16. If the Company incurs any claims, damage, liability, costs or expenses, which may arise due to the execution or as a result of the execution of the Agreement and/or in relation to the provision of the Services and/or in relation to any Order it is understood that the Company bears no responsibility whatsoever and it is the Client’s responsibility to indemnify the Company for such.
9.17. The Company shall in no circumstances be liable to the Client for any consequential, special or indirect losses, damages, loss of profits, loss of opportunity (including in relation to subsequent market movements), costs or expenses the Client may suffer in relation to the Agreement.
9.18. The site, services, site’s content and the software used in connection therewith are provided “as is”, and we make no warranty or representation, whether express or implied (whether by law, statute, or otherwise), including but not limited to implied warranties and conditions of merchantability, satisfactory quality, fitness for a particular purpose, completeness or accuracy, non-infringement of third parties’ rights or of applicable laws and regulation in respect of the site, services, site’s content and the software used in connection therewith, or that the site, services, site’s content and the software used in connection therewith will be uninterrupted, timely, secure or error-free, or that defects will be corrected, or will be free of viruses or bugs or as to results or the accuracy of any information through the site or services.
9.19. You acknowledge that the platform may not work error free. There is no warranty that the functions contained in the platform will meet your requirements or that the operation of the platform will be uninterrupted or error free. Also, there is no warranty or condition of title, quiet enjoyment, quiet possession, and correspondence to description or non-infringement, regarding the platform. The entire risk, if any, as to the quality of or arising out of use or performance of the platform or the use of the internet generally remains solely with you. The platform and the use of the platform through an internet connection are provided on an “as is” and “as available” basis and with all faults, and all warranties and conditions are disclaimed, either expressed, implied or statutory, including, but not limited to, any (if any) implied warranties or conditions of merchantability, non-infringement, title, satisfactory quality, fitness for a particular purpose, lack of viruses, accuracy or completeness of responses, results, and of lack of of use thereof. You hereby specifically agree and acknowledge that the above warranty is exhaustive and is in lieu of any other warranty, express or implied.
9.20. In no event shall licensor be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever (including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) with respect to the platform and the use or inability of use thereof, or otherwise under or in connection with any provision of these terms, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of the licensor and even if the licensor has been advised of the possibility of such damages.
9.21. In no event shall the licensor or its directors, officers, employees, contractors and agents be liable for lost profits, lost sales, lost business, lost opportunity, lost information or data, lost or wasted time or any indirect, special, incidental, punitive, or consequential damages (however caused, whether foreseeable or unforeseeable, whether based in contract, tort, or other product or strict liability, and regardless of whether licensor is made aware of the possibility of such damages.) Arising out of, or with respect to, the platform and/or the use or inability of use thereof.
9.22. The Client understands and accepts that the use of platform shall not be done in an abusive way by lag trading and/or usage of server latency, price manipulation, time manipulation and any similar practices. In such a case, the Company shall have the right, if applicable, to reverse all Client‘s trades and close any or all his trading accounts.
Appears in 1 contract
Samples: Client Agreement
