Common use of Electronic Trading Services Clause in Contracts

Electronic Trading Services. (1) You are responsible for ensuring that your use of the Electronic Trading Services is compliant with this Agreement and all Applicable Regulations which apply to your use of our Electronic Trading Services. (2) We have no obligation to accept, or to subsequently execute or cancel, all or any part of a Transaction or any Instruction that you seek to execute or cancel through an Electronic Trading Service. Without limitation of the foregoing, we have no responsibility for transmissions that are inaccurate or not received by us, and we may execute any Transaction on the terms actually received by us. (3) You authorise us to act on any instruction given or appearing to be given by you using the Security Details and received by us in relation to any Electronic Trading Service you use (“Instruction”). Unless we agree otherwise with you, you will have no right to amend or revoke an Instruction once received by us. You will be responsible for the genuineness and accuracy, both as to content and form, of any Instruction received by us. (4) You acknowledge we have the right, unilaterally and with immediate effect, to suspend or terminate (at any time, with or without cause or prior notice) all or any part of any Electronic Trading Service, or your access to any Electronic Trading Service, to change the nature, composition or availability of any Electronic Trading Service, or to change the limits we set on the trading you may conduct through any Electronic Trading Service. (5) In accordance with Term 3, all prices shown on any Electronic Trading Service are quotes, are subject to constant change and do not result in the initiation of a Transaction unless the process in Term 3 is followed. (6) Use of any high speed or automated mass data entry system with any Electronic Trading Service will only be permitted with our prior written consent exercised in our absolute discretion. (7) In respect of a direct market access system to any Exchange in respect of which you may submit orders or receive information or data using any Electronic Trading Service, you agree that we may require that you provide us with information in relation to you and your use or intended use of this service. You further agree that we may monitor your use of this system, we may require you to comply with certain conditions in relation to your use and may at our absolute discretion remove your access to this service at any time. (8) Where we permit electronic communications between you and us to be based on a customised interface, those communications will be interpreted by and subject to any rules of engagement for such interface protocol that are provided to you. (9) You are required to test any customised interface prior to using it in a live environment and you agree you will be responsible for any errors or failure in your implementation of the interface protocol. Use of any customised interface shall be subject to our prior written consent exercised in our absolute discretion.

Appears in 2 contracts

Samples: Client Agreement, Client Agreement

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Electronic Trading Services. (1) You are responsible for ensuring that your use of the Electronic Trading Services is compliant with this Agreement and all Applicable Regulations which apply to your use of our Electronic Trading Services. (2) We have no obligation to accept, or to subsequently execute or cancel, all or any part of a Transaction or any Instruction that you seek to execute or cancel through an Electronic Trading Service. Without limitation of the foregoing, we have no responsibility for transmissions that are inaccurate or not received by us, and we may execute any Transaction on the terms actually received by us. (3) You authorise us to act on any instruction given or appearing to be given by you using the Security Details and received by us in relation to any Electronic Trading Service you use (“Instruction”). Unless we agree otherwise with you, you will have no right to amend or revoke an Instruction once received by us. You will be responsible for the genuineness and accuracy, both as to content and form, of any Instruction received by us. (4) You acknowledge we have the right, unilaterally and with immediate effect, to suspend or terminate (at any time, with or without cause or prior notice) all or any part of any Electronic Trading Service, or your access to any Electronic Trading Service, to change the nature, composition or availability of any Electronic Trading Service, or to change the limits we set on the trading you may conduct through any Electronic Trading Service. (5) In accordance with Term 34, all prices shown on any Electronic Trading Service are quotes, are subject to constant change and do not result in the initiation of a Transaction unless the process in Term 3 4 is followed. (6) Use of any high speed or automated mass data entry system with any Electronic Trading Service will only be permitted with our prior written consent exercised in our absolute discretion. (7) In respect of a direct market access system to any Exchange in respect of which you may submit orders or receive information or data using any Electronic Trading Service, you agree that we may require that you provide us with information in relation to you and your use or intended use of this service. You further agree that we may monitor your use of this system, we may require you to comply with certain conditions in relation to your use and may at our absolute discretion remove your access to this service at any time. (8) Where we permit electronic communications between you and us to be based on a customised interface using a protocol such as Financial Information Exchange protocol (FIX), Representational State Transfer (REST) or any other such interface, those communications will be interpreted by and subject to any rules of engagement for such interface protocol that are provided to you. (9) You are required to test any customised interface prior to using it in a live environment and you agree you will be responsible for any errors or failure in your implementation of the interface protocol. Use of any customised interface shall be subject to our prior written consent exercised in our absolute discretion.

Appears in 2 contracts

Samples: Margin Trading Customer Agreement, Margin Trading Customer Agreement

Electronic Trading Services. (1) You are responsible for ensuring that your use of the Electronic Trading Services is compliant with this Agreement and all Applicable Regulations which apply to your use of our Electronic Trading Services. (2) We have no obligation to accept, or to subsequently execute or cancel, all or any part of a Transaction or any Instruction that you seek to execute or cancel through an Electronic Trading Service. Without limitation of the foregoing, we have no responsibility for transmissions that are inaccurate or not received by us, and we may execute any Transaction on the terms actually received by us. (3) You authorise us to act on any instruction given or appearing to be given by you using the Security Details and received by us in relation to any through our Electronic Trading Service Platform or through your account. We are not obliged to act on any such instruction, or to execute any particular Instruction to Deal, and need not give any reasons for declining to do so. Instructions to Deal that you use give form a commitment which may only subsequently be amended or revoked by you with our prior consent (“Instruction”). Unless we agree otherwise with you, you such consent will have no right not be unreasonably withheld) at any time before the Instruction to amend or revoke an Instruction once received by usDeal is executed. You will be responsible for the genuineness and accuracy, both as to content and form, of any Instruction instruction received by us. (4) . You acknowledge we have the right, unilaterally and with immediate effect, to suspend or terminate (at any time, with or without cause or prior notice) all or any part of any Electronic Online Trading ServiceFacility, or your access to any Electronic Online Trading ServiceFacility, to change the nature, composition or availability of any Electronic Online Trading ServiceFacility, or to change the limits we set on the trading you may conduct through any Online Trading Facility. You agree that you will not use any automated software, algorithm, trading signals or trading strategy, other than those that we make available to you on our Electronic Trading Service. (5) Platform, without our prior written consent. In accordance case of violation of this clause, we reserve the right to suspend or terminate your account with Term 3us with immediate effect. The Company reserves the right to take such measures also in cases where we identify excessive traffic and messages generated from your account. In the event that you receive any data, all prices shown on any information or software via an Electronic Trading Service other than that which you are quotesentitled to receive pursuant to this Agreement, you will immediately notify us and will not use, in any way whatsoever, such data, information or software. You will take all reasonable steps to ensure that no computer viruses, worms, software bombs or similar items are subject introduced into the System or software you use to constant change access our Electronic Trading Services. We and our licensors (as the case may be) will retain the intellectual property rights in all elements of the Software and such software and databases contained within the Electronic Trading Services and you will not in any circumstances, obtain title or interest in such elements other than as set out in this Agreement. With respect to any market data or other information that we or any third-party service provider provide to you in connection with your use of our Online Trading Facility, you agree that: a. we and any such provider are not responsible or liable if any such data or information is inaccurate or incomplete in any respect; b. we and any such provider are not responsible or liable for any actions that you take or do not result take based on such data or information; c. you will use such data or information solely for the purposes set out in this Agreement; d. such data or information is proprietary to us and any such provider and you will not retransmit, redistribute, publish, disclose or display in whole or in part such data or information to third parties except as required by Applicable Laws, Rules and/or Regulations or as agreed between us; e. you will use such data or information solely in compliance with the initiation of a Transaction unless the process in Term 3 is followed.Applicable Laws, Rules and/or Regulations; f. you will pay such market data charges and any applicable taxes (6) Use of any high speed or automated mass data entry system with any Electronic Trading Service will only be permitted with our prior written consent exercised in our absolute discretion. (7) In respect of a if applicable, for direct market access system for example) associated with your use of our Online Trading Facility or use of market data as we inform you from time to any Exchange in respect of which you may submit orders or receive information or data using any Electronic Trading Service, you agree that time; g. we may require that you provide us with information in relation to you and your use or intended use of this service. You further agree that market data; h. we may monitor your use of this system, our market data; i. we may require you to comply with certain conditions in relation to your use and of market data; and j. we may at our absolute discretion remove your access to this service market data at any time. (8) Where we permit electronic communications between . In addition to the above, in respect of certain types of Exchange data that you and us elect to be based on a customised interfacereceive via our Online Trading Facility, those communications will be interpreted by and subject you hereby agree to any rules terms and conditions relating to the redistribution and use of engagement for such interface protocol data that are provided we may provide to youyou from time to time. (9) You are required to test any customised interface prior to using it in a live environment and you agree you will be responsible for any errors or failure in your implementation of the interface protocol. Use of any customised interface shall be subject to our prior written consent exercised in our absolute discretion.

Appears in 1 contract

Samples: Customer Agreement

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Electronic Trading Services. (1) You are responsible for ensuring that your use of the Electronic Trading Services is compliant with this Agreement and all Applicable Regulations which apply to your use of our Electronic Trading Services. (2) We have no obligation to accept, or to subsequently execute or cancel, all or any part of a Transaction or any Instruction that you seek to execute or cancel through an Electronic Trading Service. Without limitation of the foregoing, we have no responsibility for transmissions that are inaccurate or not received by us, and we may execute any Transaction on the terms actually received by us. (3) 44.1 You authorise us to act on any instruction given or appearing to be given by you using the Security Details and received by us in relation to any through our Electronic Trading Service Platform or through your account. We are not obliged to act on any such instruction, or to execute any particular Instruction to Deal, and need not give any reasons for declining to do so. Instructions to Deal that you use give form a commitment which may only subsequently be amended or revoked by you with our prior consent (“Instruction”). Unless we agree otherwise with you, you such consent will have no right not be unreasonably withheld) at any time before the Instruction to amend or revoke an Instruction once received by usDeal is executed. You will be responsible for the genuineness and accuracy, both as to content and form, of any Instruction instruction received by us. (4) 44.2 You acknowledge we have the right, unilaterally and with immediate effect, to suspend or terminate (at any time, with or without cause or prior notice) all or any part of any Electronic Online Trading ServiceFacility, or your access to any Electronic Online Trading ServiceFacility, to change the nature, composition or availability of any Electronic Online Trading ServiceFacility, or to change the limits we set on the trading you may conduct through any Online Trading Facility. 44.3 You agree that you will not use any automated software, algorithm, trading signals or trading strategy, other than those that we make available to you on our Electronic Trading ServicePlatform, without our prior written consent. In case of violation of this clause, we reserve the right to suspend or terminate your account with us with immediate effect. The Company reserves the right to take such measures also in cases where we identify excessive traffic and messages generated from your account. (5) 44.4 In accordance with Term 3the event that you receive any data, all prices shown on any information or software via an Electronic Trading Service other than that which you are quotesentitled to receive pursuant to this Agreement, you will immediately notify us and will not use, in any way whatsoever, such data, information or software. 44.5 You will take all reasonable steps to ensure that no computer viruses, worms, software bombs or similar items are subject introduced into the System or software you use to constant change access our Electronic Trading Services. 44.6 We and our licensors (as the case may be) will retain the intellectual property rights in all elements of the Software and such software and databases contained within the Electronic Trading Services and you will not in any circumstances, obtain title or interest in such elements other than as set out in this Agreement. 44.7 With respect to any market data or other information that we or any third -party service provider provide to you in connection with your use of our Online Trading Facility, you agree that: a. we and any such provider are not responsible or liable if any such data or information is inaccurate or incomplete in any respect; b. we and any such provider are not responsible or liable for any actions that you take or do not result take based on such data or information; c. you will use such data or information solely for the purposes set out in this Agreement; d. such data or information is proprietary to us and any such provider and you will not retransmit, redistribute, publish, disclose or display in whole or in part such data or information to third parties except as required by Applicable Laws and Regulations or as agreed between us; e. you will use such data or information solely in compliance with the initiation of a Transaction unless the process in Term 3 is followed.Applicable Laws and Regulations; f. you will pay such market data charges and any applicable taxes (6) Use of any high speed or automated mass data entry system with any Electronic Trading Service will only be permitted with our prior written consent exercised in our absolute discretion. (7) In respect of a if applicable, for direct market access system for example) associated with your use of our Online Trading Facility or use of market data as we inform you from time to any Exchange in respect of which you may submit orders or receive information or data using any Electronic Trading Service, you agree that time; g. we may require that you provide us with information in relation to you and your use or intended use of this service. You further agree that market data; h. we may monitor your use of this system, our market data; i. we may require you to comply with certain conditions in relation to your use and of market data; and j. we may at our absolute discretion remove your access to this service market data at any time. (8) Where we permit electronic communications between 44.8 In addition to the above, in respect of certain types of Exchange data that you and us elect to be based on a customised interfacereceive via our Online Trading Facility, those communications will be interpreted by and subject you hereby agree to any rules terms and conditions relating to the redistribution and use of engagement for such interface protocol data that are provided we may provide to youyou from time to time. (9) You are required to test any customised interface prior to using it in a live environment and you agree you will be responsible for any errors or failure in your implementation of the interface protocol. Use of any customised interface shall be subject to our prior written consent exercised in our absolute discretion.

Appears in 1 contract

Samples: Client Agreement

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