Company's Liability. 26.1. Nothing in this Agreement excludes or limits the Company’s liability for any matter that cannot be excluded or limited under Applicable Regulations. 26.2. The Company will not be liable to the Client for any loss which arises as a result of: a. The Company’s compliance with, or the exercising of any of the Company’s rights in accordance with, Applicable Regulations or this Agreement; b. The Client’s negligence, fraud or breach of this Agreement or Applicable Regulations; c. Any abnormal market condition or force majeure event; d. any delays, delivery failures, or failures in transmission of any order or any other communication or any other loss or damage resulting from the transfer of data over mobile or other communications networks and facilities outside of of the Company’s control; and e. Any features, Market data or third-party content available on the Company’s Website, Platform or e-mails, are provided on an “as is” and “if available” basis. 26.3. Neither the Company nor the directors, officers, servants, agents or representatives of the Company shall be liable to the Client (except in the case of fraud) for any consequential, indirect, special, incidental, punitive or exemplary loss, liability or cost which the Client may suffer or incur arising from the act of omissions of the Company under this Agreement regardless of how such loss, liability or cost was caused and regardless of whether it was foreseeable or not. For the purposes of this paragraph, a loss, liability or cost includes any loss, liability or cost (as appropriate) arising from the Client being unable to sell Financial Instruments where the price is falling, or from not being able to purchase Financial Instruments where the price is rising, or from being unable to enter into or complete another trade which requires him to have disposed of or purchased the Financial Instruments or any other loss, liability or cost arising as a result of loss of business, profits, goodwill or data and any indirect, special, incidental, consequential, punitive or exemplary loss, liability or cost, whether arising from negligence, breach of contract or otherwise and whether foreseeable or not. 26.4. For the avoidance of doubt, the Company’s third-party providers are not responsible for and have not participated in the determination of the Company’s prices and they exclude all warranties, undertakings or representations (either express or implied) relating to the Client’s use of the Company’s Platform or the Company’s Website. Without limiting the foregoing, in no event whatsoever shall the Company’s third-party providers be liable for any loss, regardless of whether they are aware of such loss and whether such liability is based on breach of contract, tort or otherwise. 26.5. Save in the event of the Company’s negligence, willful default or fraud, the Company will not be liable for any loss or damage caused by a hacker’s attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Company’s Platform or Website or to the Client’s downloading of any material posted on it, or on any website (including our Website) linked to it.
Appears in 4 contracts
Samples: Client Agreement, Client Agreement, Client Agreement
Company's Liability. 26.129.1. Nothing in this Agreement excludes or limits the Company’s liability for any matter that cannot be excluded or limited under Applicable Regulations.
26.229.2. The Company will not be liable to the Client for any loss which arises as a result of:
a. a) The Company’s compliance with, or the exercising of any of the Company’s rights in accordance with, Applicable Regulations or this Agreement;
b. b) The Client’s negligence, fraud or breach of this Agreement or Applicable Regulations;
c. c) Any abnormal market condition or force majeure event;
d. any d) Any delays, delivery failures, or failures in transmission of any order or any other communication or any other loss or damage resulting from the transfer of data over mobile or other communications networks and facilities outside of of the Company’s control; and
e. e) Any features, Market market data or third-third party content available on the Company’s Website, Platform or e-mails, are provided on an “"as is” " and “"if available” " basis.
26.329.3. Neither the Company nor the directors, officers, servants, agents or representatives of the Company shall be liable to the Client (except in the case of fraud) for any consequential, indirect, special, incidental, punitive or exemplary loss, liability or cost which the Client may suffer or incur arising from the act of omissions of the Company under this Agreement regardless of how such loss, liability or cost was caused and regardless of whether it was foreseeable or not. For the purposes of this paragraph, a loss, liability or cost includes any loss, liability or cost (as appropriate) arising from the Client being unable to sell Financial Instruments where the price is falling, or from not being able to purchase Financial Instruments where the price is rising, or from being unable to enter into or complete another trade which requires him to have disposed of or purchased the Financial Instruments or any other loss, liability or cost arising as a result of loss of business, profits, goodwill or data and any indirect, special, incidental, consequential, punitive or exemplary loss, liability or cost, whether arising from negligence, breach of contract or otherwise and whether foreseeable or not.
26.429.4. For the avoidance of doubtTo clarify, the Company’s third-party providers are not responsible for engaged by the Company hold no responsibility for, and have not participated in been involved in, determining the determination prices set by the Company. They explicitly disclaim all warranties, undertakings, or representations, whether expressed or implied, regarding the Client's utilization of the Company’s prices and they exclude all warranties's Platform or Website. Furthermore, undertakings or representations (either express or implied) relating to the Client’s use of the Company’s Platform or the Company’s Website. Without limiting the foregoing, in no event whatsoever shall the Company’s 's third-party providers shall not, under any circumstances, be held liable for any loss, regardless of whether they are aware their awareness of such loss loss, and irrespective of whether such liability is based on arises from breach of contract, tort tort, or otherwiseany other legal basis.
26.529.5. Save Except in the event cases of the Company’s 's negligence, willful default wilful default, or fraud, the Company will shall not be held liable for any loss or damage caused by arising from a hacker’s 's attack, viruses viruses, or other technologically harmful material materials that may infect your the Client's computer equipment, computer programs, data data, or other proprietary material due to your use materials as a result of using the Company’s 's Platform or Website Website, or to the Client’s downloading of any material posted on itfrom the Company's Platform or Website, or on from any website (including our Website) Website linked to it.
Appears in 2 contracts
Samples: Client Agreement, Client Agreement
Company's Liability. 26.129.1. Nothing in this Agreement excludes or limits the Company’s liability for any matter that cannot be excluded or limited under Applicable Regulations.
26.229.2. The Company will not be liable to the Client for any loss which arises as a result of:
a. a) The Company’s compliance with, or the exercising of any of the Company’s rights in accordance with, Applicable Regulations or this Agreement;
b. b) The Client’s negligence, fraud or breach of this Agreement or Applicable Regulations;
c. c) Any abnormal market condition or force majeure event;
d. any d) Any delays, delivery failures, or failures in transmission of any order or any other communication or any other loss or damage resulting from the transfer of data over mobile or other communications networks and facilities outside of of the Company’s control; andover
e. e) Any features, Market market data or third-third party content available on the Company’s Website, Platform or e-mails, are provided on an “"as is” " and “"if available” " basis.
26.329.3. Neither the Company nor the directors, officers, servants, agents or representatives of the Company shall be liable to the Client (except in the case of fraud) for any consequential, indirect, special, incidental, punitive or exemplary loss, liability or cost which the Client may suffer or incur arising from the act of omissions of the Company under this Agreement regardless of how such loss, liability or cost was caused and regardless of whether it was foreseeable or not. For the purposes of this paragraph, a loss, liability or cost includes any loss, liability or cost (as appropriate) arising from the Client being unable to sell Financial Instruments where the price is falling, or from not being able to purchase Financial Instruments where the price is rising, or from being unable to enter into or complete another trade which requires him to have disposed of or purchased the Financial Instruments or any other loss, liability or cost arising as a result of loss of business, profits, goodwill or data and any indirect, special, incidental, consequential, punitive or exemplary loss, liability or cost, whether arising from negligence, breach of contract or otherwise and whether foreseeable or not.
26.429.4. For the avoidance of doubtTo clarify, the Company’s third-party providers are not responsible for engaged by the Company hold no responsibility for, and have not participated in been involved in, determining the determination prices set by the Company. They explicitly disclaim all warranties, undertakings, or representations, whether expressed or implied, regarding the Client's utilization of the Company’s prices and they exclude all warranties's Platform or Website. Furthermore, undertakings or representations (either express or implied) relating to the Client’s use of the Company’s Platform or the Company’s Website. Without limiting the foregoing, in no event whatsoever shall the Company’s 's third-party providers shall not, under any circumstances, be held liable for any loss, regardless of whether they are aware their awareness of such loss loss, and irrespective of whether such liability is based on arises from breach of contract, tort tort, or otherwiseany other legal basis.
26.529.5. Save Except in the event cases of the Company’s 's negligence, willful default wilful default, or fraud, the Company will shall not be held liable for any loss or damage caused by arising from a hacker’s 's attack, viruses viruses, or other technologically harmful material materials that may infect your the Client's computer equipment, computer programs, data data, or other proprietary material due to your use materials as a result of using the Company’s 's Platform or Website Website, or to the Client’s downloading of any material posted on itfrom the Company's Platform or Website, or on from any website (including our Website) Website linked to it.
Appears in 1 contract
Samples: Client Agreement
Company's Liability. 26.129.1. Nothing in this Agreement excludes or limits the Company’s liability for any matter that cannot be excluded or limited under Applicable Regulations.
26.229.2. The Company will not be liable to the Client for any loss which arises as a result of:
a. a) The Company’s compliance with, or the exercising of any of the Company’s rights in accordance with, Applicable Regulations or this Agreement;
b. b) The Client’s negligence, fraud or breach of this Agreement or Applicable Regulations;
c. c) Any abnormal market condition or force majeure event;
d. any d) Any delays, delivery failures, or failures in transmission of any order or any other communication or any other loss or damage resulting from the transfer of data over mobile or other communications networks and facilities outside of of the Company’s control; and
e. Any features, Market data or third-party content available on the Company’s Website, Platform or e-mails, are provided on an “as is” and “if available” basis.
26.329.3. Neither the Company nor the directors, officers, servants, agents or representatives of the Company shall be liable to the Client (except in the case of fraud) for any consequential, indirect, special, incidental, punitive or exemplary loss, liability or cost which the Client may suffer or incur arising from the act of omissions of the Company under this Agreement regardless of how such loss, liability or cost was caused and regardless of whether it was foreseeable or not. For the purposes of this paragraph, a loss, liability or cost includes any loss, liability or cost (as appropriate) arising from the Client being unable to sell Financial Instruments where the price is falling, or from not being able to purchase Financial Instruments where the price is rising, or from being unable to enter into or complete another trade which requires him to have disposed of or purchased the Financial Instruments or any other loss, liability or cost arising as a result of loss of business, profits, goodwill or data and any indirect, special, incidental, consequential, punitive or exemplary loss, liability or cost, whether arising from negligence, breach of contract or otherwise and whether foreseeable or not.
26.429.4. For the avoidance of doubtTo clarify, the Company’s third-party providers are not responsible for engaged by the Company hold no responsibility for, and have not participated in been involved in, determining the determination prices set by the Company. They explicitly disclaim all warranties, undertakings, or representations, whether expressed or implied, regarding the Client's utilization of the Company’s prices and they exclude all warranties's Platform or Website. Furthermore, undertakings or representations (either express or implied) relating to the Client’s use of the Company’s Platform or the Company’s Website. Without limiting the foregoing, in no event whatsoever shall the Company’s 's third-party providers shall not, under any circumstances, be held liable for any loss, regardless of whether they are aware their awareness of such loss loss, and irrespective of whether such liability is based on arises from breach of contract, tort tort, or otherwiseany other legal basis.
26.529.5. Save Except in the event cases of the Company’s 's negligence, willful default wilful default, or fraud, the Company will shall not be held liable for any loss or damage caused by arising from a hacker’s 's attack, viruses viruses, or other technologically harmful material materials that may infect your the Client's computer equipment, computer programs, data data, or other proprietary material due to your use materials as a result of using the Company’s 's Platform or Website Website, or to the Client’s downloading of any material posted on itfrom the Company's Platform or Website, or on from any website (including our Website) Website linked to it.
Appears in 1 contract
Samples: Client Agreement
