Common use of Electronic Trading Service Clause in Contracts

Electronic Trading Service. 7.1 The provisions in this Clause 7 shall apply only to any Account in respect of which the Client has requested and the Broker has agreed to provide with Electronic Trading Service on the terms and conditions of this Agreement, as amended or supplemented by any notice, letter, publication or such other documents as may be issued from time to time by the Broker. 7.2 When using the Electronic Trading Service, the Client warrants that the Client is the only authorized user of the Client’s Access Codes and will be responsible for all instructions placed and all Transactions conducted with the use of the Access Codes. The Client shall be responsible for the confidentiality, security and use of the Access Codes issued to the Client by the Broker. The Broker may use authentication technologies in connection with the Electronic Trading Service. 7.3 The Client acknowledges that it may not be possible to change or cancel an instruction given through Electronic Trading Service and agrees to exercise caution before placing orders. 7.4 The Broker may (but not have obligations) monitor and/or record any of the Client’s instructions given or orders transacted through the Electronic Trading Service. The Client agrees to accept such recording (or a transcript thereof) as final and conclusive evidence of the contents and nature of the relevant instructions and Transactions and as binding on the Client. 7.5 The Broker will not be deemed to have received or executed the instructions from the Client given through the Electronic Trading Service unless and until the Client has received the relevant acknowledgement or confirmation in such manner specified by the Broker from time to time (including without limitation by posting the status of the instructions in order journals on the website which is operated by the Broker and is freely accessible by the Client). The Broker is also entitled to correct any errors in such acknowledgement or confirmation without incurring any liability in connection therewith. 7.6 The Client shall immediately notify the Broker if: (A) an instruction has been placed through the Electronic Trading Service and the Client has not received an instruction number or acknowledgement of receipt of the instruction or of its execution from the Broker (whether by hard copy, electronic or verbal means); or (B) the Client has received acknowledgement of a Transaction (whether by hard copy, electronic or verbal means) which the Client did not instruct, or is inconsistent with the Client’s instruction or the Client has any suspicion of unauthorized access to the Electronic Trading Service; or (C) the Client becomes aware of or suspicious of any loss, theft, or unauthorized disclosure or use of the Client’s Access Codes; or otherwise, the Broker or its agents, employees or representatives will not be responsible or liable to the Client or any other person whose claim may arise through the Client for any claim with respect to handling, mishandling or loss of instruction placed through the Electronic Trading Service. 7.7 The Broker reserves the right to suspend the Electronic Trading Service if an incorrect Access Code has been input on or for more than 3 occasions. The Electronic Trading Service may also be not available for certain period of time to the Client without prior notice for maintenance or system update from time to time or any other reason that the Broker considers necessary. 7.8 Notwithstanding any other provisions in this Agreement, where the Client is provided with Electronic Trading Service, following execution of the Client’s trading orders, the Client accepts that the Broker may send to the Client and the Client agrees to receive trading confirmations and records (including but not limited to contract notes and statement of transactions) at the Client’s email address (as provided in the Client Information Statement or notified by the Client from time to time) or other electronic means in lieu of printed documents. Any such information will be freely accessible by the Client after such sending by the Broker and the Client shall print out such documents or make its own arrangement forthwith without delay to maintain its own records if necessary. If the Client insists to receive its trading confirmation and records in printed documents, the Broker is entitled to charge a reasonable fee for providing such service. 7.9 The Client agrees that should Client experience any problems in reaching the Broker through the Electronic Trading Service or vice versa, the Client shall attempt to use an alternative method or device, as the Broker may make available, to communicate with the Broker to place the Client’s orders and to inform the Broker of the difficulty the Client has experienced. 7.10 The Client acknowledges that the Electronic Trading Service, the website operated by the Broker, and the software comprised in them, are licensed or proprietary to the Broker. The Client shall not, and shall not attempt to, tamper with, modify, decompile, reverse engineer or otherwise alter in any way or gain unauthorized access to, any part of the Electronic Trading Service, the website operated by the Broker or any of the software comprised in them. 7.11 The Client acknowledges that the Client has fully understood the implications of the risks associated with the Electronic Trading Service as set out in the Risk Disclosure Statement but agrees that the benefits of using the Electronic Trading Service outweigh these risks and waive any claim the Client might have against the Broker or any Broker Group Company arising from: (A) systemic failures (including hardware and software failures); (B) the Broker’s acceptance of any unauthorized instructions which appear or which the Broker believes to be from the Client; (C) failure or delay in the execution of instructions from the Client or execution of the Client’s instructions at prices different from those prevailing at the time the instructions were given; (D) the Client’s access to the website of the Broker or the Electronic Trading Service being limited or unavailable; (E) failure to or delay in dispatch or delivery of any notice or information provided or requested via the Electronic Trading Service or any inaccuracy, error or omission in or from any such notice or in or from any information contained in any such notice; (F) Client’s failure to use the Electronic Trading Service in accordance with the Agreement or any relevant agreement between the Broker and the Client; and (G) the Client’s reliance, use or otherwise acting upon any information or materials provided via the Electronic Trading Service or the website operated by the Broker. 7.12 The Client shall be responsible at his own costs and expenses for obtaining and maintaining the suitable equipment to have access to the Electronic Trading Service. 7.13 The Client acknowledges that the Client has read and understood the Broker’s procedure guide relating to the use, operation, security measures and procedures of the Electronic Trading Service made available to the Client on the Broker's Internet website, and further acknowledges that such guide may be amended or supplemented by the Broker from time to time, which shall be binding on the Client in respect of the Client's use of the Electronic Trading Service.

Electronic Trading Service. 7.1 5.1 The provisions in this Clause 7 shall 5 apply only to any Account in respect of which the Client has requested and the Broker has agreed to provide with Electronic Trading Service on the terms and conditions of this Agreement, as amended or supplemented by any notice, letter, publication or such other documents as may be issued from time to time by the Broker. 7.2 5.2 When using the Electronic Trading Service, the Client warrants that the Client is the only authorized user of the Client’s Access Codes and will be responsible for all instructions placed and all Transactions conducted with the use of the Access Codes. The Client shall be responsible for the confidentiality, security and use of the Access Codes issued to the Client by the Broker. The Broker may use authentication technologies in connection with the Electronic Trading Service. The Client shall comply with the procedure guide issued by the Broker (set out in Clause 5.10 below) in relation to the operations and security measures of Electronic Trading Service and the Client undertakes to logoff the Electronic Trading Service immediately following the completion of each Electronic Trading Service session. 7.3 5.3 The Client acknowledges that it may not be possible to change or cancel an instruction given through Electronic Trading Service and agrees to exercise caution before placing orders. 7.4 5.4 The Broker may (but not have obligations) monitor and/or record any of the Client’s instructions given or orders transacted through the Electronic Trading Service. The Client agrees to accept such recording (or a transcript thereof) as final and conclusive evidence of the contents and nature of the relevant instructions and Transactions and as binding on the Client. 7.5 5.5 The Broker will not be deemed to have received or executed the instructions from the Client given through the Electronic Trading Service unless and until the Client has received the relevant acknowledgement or confirmation in such manner specified by the Broker from time to time (including without limitation by posting the status of the instructions in order journals on the website which is operated by the Broker and is freely accessible by the Client). The Broker is also entitled to correct any errors in such acknowledgement or confirmation without incurring any liability in connection therewith. 7.6 5.6 The Client shall immediately notify the Broker if: (A) an instruction has been placed through the Electronic Trading Service and the Client has not received an instruction number or acknowledgement of receipt of the instruction or of its execution from the Broker (whether by hard copy, electronic or verbal means); or (B) the Client has received acknowledgement of a Transaction (whether by hard copy, electronic or verbal means) which the Client did not instruct, or is inconsistent with the Client’s instruction or the Client has any suspicion of unauthorized access to the Electronic Trading Service; or (C) the Client becomes aware of or suspicious of any loss, theft, or unauthorized disclosure or use of the Client’s Access Codes; or otherwise, the Broker or its agents, employees or representatives will not be responsible or liable to the Client or any other person whose claim may arise through the Client for any claim with respect to handling, mishandling or loss of instruction placed through the Electronic Trading Service. Without limiting the generality of the foregoing, the Client acknowledges and agrees that it may not be possible to amend or cancel an instruction after it has been given through the Electronic Trading Service and that an instruction may only be amended or cancelled if it has not been executed by the Broker. In such circumstances, the Broker will use its reasonable efforts to amend or cancel the instruction according to the Client's intention but, notwithstanding an acknowledgement by the Broker in relation to the amendment or cancellation, there is no guarantee that the amendment or cancellation will occur. If the amendment or cancellation does not occur, the Client shall remain liable for the original instruction. 7.7 5.7 The Broker reserves the right to suspend the Electronic Trading Service if an incorrect Access Code has been input on or for more than 3 occasions. The Electronic Trading Service may also be not available for certain period of time to the Client without prior notice for maintenance or system update from time to time or any other reason that the Broker considers necessary. 7.8 5.8 Notwithstanding any other provisions in this Agreement, where the Client is provided with Electronic Trading Service, following execution of the Client’s trading orders, the Client accepts that the Broker may send to the Client and the Client agrees to receive trading confirmations and records (including but not limited to contract notes and statement of transactions) at through electronic posting to the Account, the website operated by the Broker or the Client’s email address (as provided in the Client Information Statement Account Opening Form or notified by the Client from time to time) or other electronic means in lieu of printed documents. Any such information will be freely accessible by the Client after such sending by the Broker and the Client shall print out such documents or make its own arrangement forthwith without delay to maintain its own records if necessary. If the Client insists to receive its trading confirmation and records in printed documents, the Broker is entitled to charge a reasonable fee for providing such service. 7.9 5.9 The Client agrees that should Client experience any problems in reaching the Broker through the Electronic Trading Service or vice versa, the Client shall attempt to use an alternative method or device, as the Broker may make available, to communicate with the Broker to place the Client’s orders and to inform the Broker of the difficulty the Client has experienced. 7.10 5.10 The Client acknowledges that the Client has read and understood the Broker’s procedure guide relating to the use, operation, security measures and procedures of the Electronic Trading Service, and further acknowledges that such guide may be amended or supplemented by the Broker from time to time, which shall be binding on the Client in respect of the Client's use of the Electronic Trading Service. 5.11 The Client acknowledges that the Electronic Trading Service, the website operated by the Broker, Broker and the software comprised in them, are licensed or proprietary to the BrokerBroker and its agents, contractors and service providers. The Client shall not, and shall not attempt to, tamper with, modify, decompile, reverse engineer or otherwise alter in any way or gain unauthorized access to, any part of the Electronic Trading Service, the website operated by the Broker or any of the software comprised in them. 7.11 5.12 The Client acknowledges that the Client has fully understood the implications of the risks associated with the Electronic Trading Service as set out in the Risk Disclosure Statement but agrees that the benefits of using the Electronic Trading Service outweigh these risks and waive waives any claim the Client might have against the Broker or any Broker Group Company arising from: (A) systemic failures (including hardware and software failures); (B) the Broker’s acceptance of any unauthorized instructions which appear or which the Broker believes to be from the Client; (C) failure or delay in the execution of instructions from the Client or execution of the Client’s instructions at prices different from those prevailing at the time the instructions were given; (D) the Client’s access to the website of the Broker or the Electronic Trading Service being limited or unavailable; (E) failure to or delay in dispatch or delivery of any notice or information provided or requested via the Electronic Trading Service or any inaccuracy, error or omission in or from any such notice or in or from any information contained in any such notice; (F) Client’s failure to use the Electronic Trading Service in accordance with the Agreement or any relevant agreement between the Broker and the Client; and (G) the Client’s reliance, use or otherwise acting upon any information or materials provided via the Electronic Trading Service or the website operated by the Broker. 7.12 The Client shall be responsible at his own costs and expenses for obtaining and maintaining the suitable equipment to have access to the Electronic Trading Service. 7.13 The Client acknowledges that the Client has read and understood the Broker’s procedure guide relating to the use, operation, security measures and procedures of the Electronic Trading Service made available to the Client on the Broker's Internet website, and further acknowledges that such guide may be amended or supplemented by the Broker from time to time, which shall be binding on the Client in respect of the Client's use of the Electronic Trading Service.

Electronic Trading Service. 7.1 The provisions in this Clause 7 shall apply only to any Account in respect of which the Client has requested and the Broker has agreed to provide with Electronic Trading Service on the terms and conditions of this Agreement, as amended or supplemented by any notice, letter, publication or such other documents as may be issued from time to time by the Broker. 7.2 When using the Electronic Trading Service, the Client warrants that the Client is the only authorized user of the Client’s Access Codes and will be responsible for all instructions placed and all Transactions conducted with the use of the Access Codes. The Client shall be responsible for the confidentiality, security and use of the Access Codes issued to the Client by the Broker. The Broker may use authentication technologies in connection with the Electronic Trading Service. 7.3 The Client acknowledges that it may not be possible to change or cancel an instruction given through Electronic Trading Service and agrees to exercise caution before placing orders. 7.4 The Broker may (but not have obligations) monitor and/or record any of the Client’s instructions given or orders transacted through the Electronic Trading Service. The Client agrees to accept such recording (or a transcript thereof) as final and conclusive evidence of the contents and nature of the relevant instructions and Transactions and as binding on the Client. 7.5 The Broker will not be deemed to have received or executed the instructions from the Client given through the Electronic Trading Service unless and until the Client has received the relevant acknowledgement or confirmation in such manner specified by the Broker from time to time (including without limitation by posting the status of the instructions in order journals on the website which is operated by the Broker and is freely accessible by the Client). The Broker is also entitled to correct any errors in such acknowledgement or confirmation without incurring any liability in connection therewith. 7.6 The Client shall immediately notify the Broker ifBrokerif: (A) an instruction has been placed through the Electronic Trading Service and the Client has not received an instruction number or acknowledgement of receipt of the instruction or of its execution from the Broker (whether by hard copy, electronic or verbal means); or (B) the Client has received acknowledgement of a Transaction (whether by hard copy, electronic or verbal means) which the Client did not instruct, or is inconsistent with the Client’s instruction or the Client has any suspicion of unauthorized access to the Electronic Trading Service; or (C) the Client becomes aware of or suspicious of any loss, theft, or unauthorized disclosure or use of the Client’s Access Codes; or otherwise, the Broker or its agents, employees or representatives will not be responsible or liable to the Client or any other person whose claim may arise through the Client for any claim with respect to handling, mishandling or loss of instruction placed through the Electronic Trading Service. 7.7 The Broker reserves the right to suspend the Electronic Trading Service if an incorrect Access Code has been input on or for more than 3 occasions. The Electronic Trading Service may also be not available for certain period of time to the Client without prior notice for maintenance or system update from time to time or any other reason that the Broker considers necessary. 7.8 Notwithstanding any other provisions in this Agreement, where the Client is provided with Electronic Trading Service, following execution of the Client’s trading orders, the Client accepts that the Broker may send to the Client and the Client agrees to receive trading confirmations and records (including but not limited to contract notes and statement of transactions) at the Client’s email address (as provided in the Client Information Statement or notified by the Client from time to time) or other electronic means in lieu of printed documents. Any such information will be freely accessible by the Client after such sending by the Broker and the Client shall print out such documents or make its own arrangement forthwith without delay to maintain its own records if necessary. If the Client insists to receive its trading confirmation and records in printed documents, the Broker is entitled to charge a reasonable fee for providing such service. 7.9 The Client agrees that should Client experience any problems in reaching the Broker through the Electronic Trading Service or vice versa, the Client shall attempt to use an alternative method or device, as the Broker may make available, to communicate with the Broker to place the Client’s orders and to inform the Broker of the difficulty the Client has experienced. 7.10 The Client acknowledges that the Electronic Trading Service, the website operated by the Broker, and the software comprised in them, are licensed or proprietary to the Broker. The Client shall not, and shall not attempt to, tamper with, modify, decompile, reverse engineer or otherwise alter in any way or gain unauthorized access to, any part of the Electronic Trading Service, the website operated by the Broker or any of the software comprised in them. 7.11 The Client acknowledges that the Client has fully understood the implications of the risks associated with the Electronic Trading Service as set out in the Risk Disclosure Statement but agrees that the benefits of using the Electronic Trading Service outweigh these risks and waive any claim the Client might have against the Broker or any Broker Group Company arising from: (A) systemic failures (including hardware and software failures); (B) the Broker’s acceptance of any unauthorized instructions which appear or which the Broker believes to be from the Client; (C) failure or delay in the execution of instructions from the Client or execution of the Client’s instructions at prices different from those prevailing at the time the instructions were givenweregiven; (D) the Client’s access to the website of the Broker or the Electronic Trading Service being limited or unavailable; (E) failure to or delay in dispatch or delivery of any notice or information provided or requested via the Electronic Trading Service or any inaccuracy, error or omission in or from any such notice or in or from any information contained in any such notice; (F) the Client’s failure to use the Electronic Trading Service in accordance with the Agreement or any relevant agreement between the Broker and the Client; and (G) the Client’s reliance, use or otherwise acting upon any information or materials provided via the Electronic Trading Service or the website operated by the Broker. 7.12 The Client shall be responsible at his own costs and expenses for obtaining and maintaining the suitable equipment to have access to the Electronic Trading Service. 7.13 The Client acknowledges that the Client has read and understood the Broker’s procedure guide relating to the use, operation, security measures and procedures of the Electronic Trading Service made available to the Client on the Broker's Internet website, and further acknowledges that such guide may be amended or supplemented by the Broker from time to time, which shall be binding on the Client in respect of the Client's use of the Electronic Trading Service.