Electronic Trading Services. 5.1 SINO may provide Client with Electronic trading facilities and services which may include but is not necessarily limited to WebTrade, Touch Tone Trade or PDA Trade (collectively called "Electronic Trading Services") and they are provided upon the provisions of This Agreement and other terms and conditions to be specified by SINO from time to time. The Client accepts the risks of receiving or gaining access to services through and communication and conducting transactions over the Electronic or other electronic means or facilities. 5.2 When using the Electronic Trading Services, the Client warrant 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 Client’s Access Codes. The Client also undertakes to use the Client’s Access Codes with caution and review every order before placing it. 5.3 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 the Electronic Trading Services. 5.4 When the open an account through Electronic, in addition to completing and returning the Agreement online, the Client agrees and undertakes to return to SINO the hard copy of the Agreement duly completed and signed by the Client before or certified by a professional person such as a branch manager of a bank, certified public accountant, lawyer, notary public or any other person acceptable to SINO. SINO shall be entitled to refuse to execute the Client’s instructions until it has received such hard copy of the Agreement. 5.5 Unless otherwise agreed by SINO, SINO is not obliged to execute the Client’s instructions until there are sufficient cleared funds or securities in the Client’s account to settle the Client’s transactions. 5.6 SINO will not be deemed to have received the Client’s instructions or executed the Client’s orders unless and until the Client in receipt of Sino’s message acknowledging receipt or confirming execution of the Client’s orders. The Client agrees to immediately notify SINO if the Client does not receive Sino’s message acknowledging receipt or confirming execution of the Client’s orders, the Client in receipt of any messages in respect of transactions which the Client did not instruct, or the Client becomes aware of any unauthorized use of the Client’s Access Codes. 3.7 The Electronic Trading Services provide the Client with an additional means to place instructions to SINO or gain access to information relating to the Client’s account. The Client may also do so by calling one of Sino’s sales representatives direct. If the Client has any problems in reaching SINO through the Electronic Trading Services, the Client may use other methods to communicate with SINO and inform SINO. 5.8 The Client may give on-line instructions to SINO regarding fund deposit, fund withdrawal and transfer of securities followed by hard copy of such instructions. However, SINO is authorized at its discretion to act upon the Client’s on-line instructions alone. The Client’s account will be credited with the relevant funds or securities once SINO receives the Client’s cleared funds or securities. 5.9 In the case of securities transfer, the Client will be responsible for arranging the relevant third party to deliver the securities to the Client or to receive the Client’s securities, and that any handling, transfer or custodian fees and charges shall be at the Client’s costs. 5.10 The Electronic Trading Services may provide for informational purposes only and data is published by third parties. Owing to market volatility and possible delay in the data-transmission process, the data may not be real-time market quotes for the relevant products. SINO does not guarantee the timeliness, sequence, accuracy, adequacy or completeness of such information. SINO gives no express or implied warranties with respect to such information. 5.11 After the execution of the Client’s trading orders, the Client accepts that SINO may send the Client and the Client agree to receive trade confirmations of the Client’s transactions through electronic posting to the Client’s account or other electronic means in lieu of printed confirmations. The Client shall print out the confirmations or make the Client’s own arrangements to maintain the Client’s own records if necessary. SINO will also send the Client relevant statements summarizing entries in the Client’s account by mail or otherwise.
Appears in 1 contract
Samples: Client Agreement
Electronic Trading Services. 5.1 SINO 7.1 The Customer may provide Client with Electronic trading facilities and services which may include but is not necessarily limited to WebTrade, Touch Tone Trade or PDA Trade (collectively called "access the Account through the Electronic Trading Services") Service. Should the Customer experience any problems in reaching MSL through the Electronic Trading Service, the Customer may attempt to communicate with MSL by telephone and they are provided upon inform MSL of the difficulty the Customer is experiencing.
7.2 The Customer agrees to abide by the provisions of This this Agreement and other terms and conditions to be specified by SINO from time to time. The Client accepts whenever the risks of receiving or gaining access to services through and communication and conducting transactions over the Electronic or other electronic means or facilities.
5.2 When using Customer uses the Electronic Trading Services, Service. Any additional services offered through the Client warrant Electronic Trading Service in the future will only be used by the Customer in accordance with the provisions of this Agreement and any additional provisions applicable thereto.
7.3 The Customer understands that the Client Electronic Trading Service is a semi-automated facility, which enables the only authorized user of Customer to send electronic Instructions to buy, sell and otherwise deal with Securities and receive information services.
7.4 The Customer acknowledges that the Client’s Access Codes Electronic Trading Service and will be responsible for all instructions placed and all transactions conducted with the use of the Client’s Access Codessoftware comprised in it are proprietary to MSL and/or third party provider(s). The Client also Customer agrees and undertakes to use that the Client’s Access Codes with caution and review every order before placing it.
5.3 The Client Customer shall not not, and shall not attempt to to, tamper with, modify, decompile, reverse engineer or otherwise alter in any way, or and shall not attempt to gain unauthorized access to to, any part of the Electronic Trading Services.
5.4 When Service and the open an account through Electronicsoftware comprised in it. The Customer agrees that MSL may, in addition at MSL’s absolute discretion, suspend or terminate the Customer’s Access Code and/or close the Account immediately without notice to completing the Customer, and returning take action against the Customer if 5 the Customer at any time breaches this Agreement online, the Client agrees and undertakes to return to SINO the hard copy of the Agreement duly completed and signed by the Client before or certified by a professional person such as a branch manager of a bank, certified public accountant, lawyer, notary public or any other agreement or undertaking, rules, regulations, orders and laws of Hong Kong or of the country concerned or if MSL at any time reasonably suspects that the Customer has breached the same. The Customer undertakes to notify MSL immediately if the Customer becomes aware that any other person acceptable to SINO. SINO is doing any of the above.
7.5 The Customer shall be entitled to refuse to execute the Client’s instructions until it has received such hard copy only user of the AgreementElectronic Trading Service under the Account. The Customer shall be responsible for the confidentiality and use of the Access Code and agrees to undertake: (a) not to disclose any Access Code to any third party; (b) not to write down or record any Access Code in a way that could facilitate misuse or fraud; and (c) to immediately report any loss, unauthorized disclosure or misuse of the Customer’s Access Code to MSL. The Customer acknowledges and agrees that the Customer shall be solely responsible for all Instructions entered through the Electronic Trading Service using its Access Code.
5.5 Unless otherwise agreed by SINO7.6 The Customer further acknowledges and agrees that, SINO is not obliged as a condition of using the Electronic Trading Service to execute give Instructions, the Client’s instructions until there are sufficient cleared funds or securities in the Client’s account to settle the Client’s transactions.
5.6 SINO will not be deemed to have received the Client’s instructions or executed the Client’s orders unless and until the Client in receipt of Sino’s message acknowledging receipt or confirming execution of the Client’s orders. The Client agrees to Customer shall immediately notify SINO if the Client does not receive Sino’s message acknowledging receipt or confirming execution of the Client’s orders, the Client in receipt of any messages MSL if: (a) immediately after an Instruction in respect of transactions the Account has been placed through the Electronic Trading Service, the Customer has not received: (i) an order reference number; and (ii) an accurate acknowledgement of the Instruction or of its execution (whether by hard copy, electronic or verbal means); (b) the Customer has received acknowledgement (whether by hard copy, electronic or verbal means) of a Transaction which the Client Customer did not instruct, instruct or if any similar conflict arises; or (c) the Client Customer becomes aware of any unauthorized use of the Client’s Access CodesUser ID, Password or PIN.
3.7 7.7 The Customer agrees that if the Customer fails to notify MSL forthwith when any of the situations described in Clause 7.6 occurs, neither MSL nor any of MSL’s directors, employees, agents or representatives shall have any liability to the Customer, or to any other person for any obligations, claims or other liabilities with respect to the handling, mishandling or loss of any Instruction unless such loss results from the fraud, gross negligence or wilful default on the part of MSL.
7.8 MSL has no responsibility to inform the Customer of any difficulties MSL or other third parties experience concerning use of the Electronic Trading Services provide Service or to take any action in connection with these difficulties. MSL also will have no duty or obligation to verify, correct, complete or update any information displayed in the Client with an additional means Electronic Trading Service. The Customer will make its own independent decision to place instructions access or use the Electronic Trading Service or to SINO execute any Transaction and the Customer acknowledges and agrees that the Electronic Trading Service does not and will not serve as the primary basis for any of the Customer’s investment decisions concerning its Accounts.
(a) the real-time quote service and other market information available at MSL’s website is provided by a third party service provider appointed by MSL from time to time;
(b) neither MSL nor any of MSL’s directors, employees, agents, representatives or gain access to information relating third party service providers shall be responsible to the ClientCustomer for any losses, costs, expenses, damages or claims which the Customer may suffer as a result of or in connection with any respect of the real-time quote service including the Customer’s account. The Client may also do so by calling one of Sino’s sales representatives direct. If reliance on such service;
(c) the Client has any problems in reaching SINO market data and information available through the Electronic Trading ServicesService is provided to MSL by each participating Securities exchange(s) or association(s) or agent(s) (which disseminate such data and information) with assertion of a proprietary interest in such data and information;
(d) MSL will not be liable for any loss of profits or anticipated savings (in either case, whether direct or indirect) or any special, indirect, incidental or consequential damages which the Client Customer may use other methods to communicate with SINO and inform SINO.
5.8 The Client may give on-line instructions to SINO regarding fund deposit, fund withdrawal and transfer of securities followed by hard copy of such instructions. However, SINO is authorized at its discretion to act upon incur or experience because the Client’s on-line instructions alone. The Client’s account will be credited with Customer entered into this Agreement or relied on the relevant funds or securities once SINO receives the Client’s cleared funds or securities.
5.9 In the case of securities transfer, the Client will be responsible for arranging the relevant third party to deliver the securities to the Client or to receive the Client’s securities, and that any handling, transfer or custodian fees and charges shall be at the Client’s costs.
5.10 The Electronic Trading Services may provide for informational purposes only Service, even if MSL knows of the possibility of those losses or damages;
(e) MSL (and data is published any of MSL’s affiliate) are not and will not be, by third parties. Owing to market volatility and possible delay in virtue of providing the data-transmission processElectronic Trading Service, the data may not be real-time market quotes an advisor or fiduciary for the relevant products. SINO does not guarantee Customer; and
(f) no party guarantees the timeliness, sequence, accuracy, adequacy accuracy or completeness of market data or any other market information and neither MSL, MSL’s directors, employees, agents or representatives nor any disseminating party shall be liable in any way for any loss or damage arising from or caused by any inaccuracy, error or delay in or omission from any such information. SINO gives no express data, information or implied warranties with respect message, or the transmission or delivery of the same, non-performance or interruption of any such data, message or information whether or not due to such informationany negligent act of MSL or any disseminating party, or shall be liable in any way for the correctness, quality, accuracy, security, completeness, reliability, performance, timeliness, pricing or continued availability of the Electronic Trading Service or for delays or omissions of the Electronic Trading Service, or for the failure of any connection or communication service to provide or maintain the Customer’s access to the Electronic Trading Service, or for any interruption or disruption of the Customer’s access or any erroneous communications between the Customer and MSL, or to any force majeure event as described under Clause 48 of this Section I, or any other cause beyond MSL’s control or the reasonable control of any disseminating party.
5.11 After 7.9 The Customer understands, acknowledges and agrees that: 6 The Customer shall use all such data, information and real-time quotes for the Customer’s personal use and reference only, and these must not to be reproduced, duplicated, sub-listed or transmitted or used for commercial purposes, and the Customer shall not furnish such data to any other person or entity for any reason.
7.10 By applying for and using the Electronic Trading Service, the Customer acknowledges, represents and warrants that:
(a) the Customer is legally entitled to open and use the Electronic Trading Service;
(b) no breach of any law, regulation or governmental or other requirement whether of the Customer’s jurisdiction of residence or domicile, or any other relevant jurisdiction will arise as a result of any use by the Customer of the Electronic Trading Service; and
(c) due to the public nature of the internet and other reasons, the Internet is inherently not always a reliable medium of communication and that such lack of reliability is beyond MSL’s control and therefore MSL shall have no liability whatsoever, including but not limited to liability due to: unpredictable traffic congestion, delays in transmission, interruption, transmission blackout, incorrect data transmission, misrepresentation, virus infection, system or platform being attacked by hacker, malfunction of the system or platform, other factors causing the incompletion of the Customer’s Instruction or interference by unauthorized persons. By using the Electronic Trading Services the Customer accepts all of the abovementioned and other risks including without limitation to the possible failure or delay in the transmission and receipt of Instructions and other information that may result in failure or delay in the execution of Instructions and /or any loss arising from prices different from those prevailing at the Client’s trading time the Instructions were given.
7.11 The Customer agrees to indemnify MSL on demand from all liabilities, losses, claims, damages, orders, the Client accepts that SINO judgments, suits, actions, proceedings, costs (including legal fees) and expenses (collectively referred to as “Losses”) MSL may send the Client and the Client agree to receive trade confirmations suffer or incur as a result of the ClientCustomer’s transactions through electronic posting use of the Electronic Trading Service, including any breach of this Clause 7 or breaches of security of the Electronic Trading Service (including any access or entry into any of MSL’s other systems not covered by this Agreement), except to the Clientextent such Losses are due to MSL’s account gross negligence or other electronic means in lieu of printed confirmations. The Client shall print out the confirmations or make the Client’s own arrangements to maintain the Client’s own records if necessary. SINO will also send the Client relevant statements summarizing entries in the Client’s account by mail or otherwisewillful misconduct.
Appears in 1 contract
Samples: Client Trading Agreement
Electronic Trading Services. 5.1 SINO 7.1 The Customer may provide Client with Electronic trading facilities and services which may include but is not necessarily limited to WebTrade, Touch Tone Trade or PDA Trade (collectively called "access the Account through the Electronic Trading Services") Service. Should the Customer experience any problems in reaching MFL through the Electronic Trading Service, the Customer may attempt to communicate with MFL by telephone and they are provided upon inform MFL of the difficulty the Customer is experiencing.
7.2 The Customer agrees to abide by the provisions of This this Agreement and other terms and conditions to be specified by SINO from time to time. The Client accepts whenever the risks of receiving or gaining access to services through and communication and conducting transactions over the Electronic or other electronic means or facilities.
5.2 When using Customer uses the Electronic Trading Services, Service. Any additional services offered through the Client warrant Electronic Trading Service in the future will only be used by the Customer in accordance with the provisions of this Agreement and any additional provisions applicable thereto.
7.3 The Customer understands that the Client Electronic Trading Service is a semi-automated facility, which enables the only authorized user of Customer to send electronic Instructions to buy, sell and otherwise deal with Contracts and receive information services.
7.4 The Customer acknowledges that the Client’s Access Codes Electronic Trading Service and will be responsible for all instructions placed and all transactions conducted with the use of the Client’s Access Codessoftware comprised in it are proprietary to MFL and/or third party provider(s). The Client also Customer agrees and undertakes to use that the Client’s Access Codes with caution and review every order before placing it.
5.3 The Client Customer shall not not, and shall not attempt to to, tamper with, modify, decompile, reverse engineer or otherwise alter in any way, or and shall not attempt to gain unauthorized access to to, any part of the Electronic Trading Services.
5.4 When Service and the open an account through Electronicsoftware comprised in it. The Customer agrees that MFL may, in addition at MFL’s absolute discretion, suspend or terminate the Customer’s Access Code and/or close the Account immediately without notice to completing the Customer, and returning take action against the Customer if the Customer at any time breaches this Agreement online, the Client agrees and undertakes to return to SINO the hard copy of the Agreement duly completed and signed by the Client before or certified by a professional person such as a branch manager of a bank, certified public accountant, lawyer, notary public or any other agreement or undertaking, rules, regulations, orders and laws of Hong Kong or of the country concerned or if MFL at any time reasonably suspects that the Customer has breached the same. The Customer undertakes to notify MFL immediately if the Customer becomes aware that any other person acceptable to SINO. SINO is doing any of the above.
7.5 The Customer shall be entitled to refuse to execute the Client’s instructions until it has received such hard copy only user of the AgreementElectronic Trading Service under the Account. The Customer shall be responsible for the confidentiality and use of the Access Code and undertakes: (a) not to disclose any Access Code to any third party; (b) not to write down or record any Access Code in a way that could facilitate misuse or fraud; and (c) to immediately report any loss, unauthorized disclosure or misuse of the Customer’s Access Code to MFL. The Customer acknowledges and agrees that the Customer shall be solely responsible for all Instructions entered through the Electronic Trading Service using its Access Code.
5.5 Unless otherwise agreed by SINO7.6 The Customer further acknowledges and agrees that, SINO is not obliged as a condition of using the Electronic Trading Service to execute give Instructions, the Client’s instructions until there are sufficient cleared funds or securities in the Client’s account to settle the Client’s transactions.
5.6 SINO will not be deemed to have received the Client’s instructions or executed the Client’s orders unless and until the Client in receipt of Sino’s message acknowledging receipt or confirming execution of the Client’s orders. The Client agrees to Customer shall immediately notify SINO if the Client does not receive Sino’s message acknowledging receipt or confirming execution of the Client’s orders, the Client in receipt of any messages MFL if: (a) immediately after an Instruction in respect of transactions the Account has been placed through the Electronic Trading Service, the Customer has not received: (i) an order reference number; and (ii) an accurate acknowledgement of the Instruction or of its execution (whether by hard copy, electronic or verbal means); (b) the Customer has received acknowledgement (whether by hard copy, electronic or verbal means) of a Transaction which the Client Customer did not instruct, instruct or if any similar conflict arises; or (c) the Client Customer becomes aware of any unauthorized use of the Client’s Access CodesUser ID, Password or PIN.
3.7 7.7 The Customer agrees that if the Customer fails to notify MFL forthwith when any of the situations described in Clause 7.6 occurs, neither MFL nor any of MFL’s directors, employees, agent or representatives shall have any liability to the Customer, or to any other person for any obligations, claims or other liabilities with respect to the handling, mishandling or loss of any Instruction unless such loss results from the fraud, gross negligence or wilful default on the part of MFL.
7.8 MFL has no responsibility to inform the Customer of any difficulties MFL or other third parties experience concerning use of the Electronic Trading Services provide Service or to take any action in connection with these difficulties. MFL also will have no duty or obligation to verify, correct, complete or update any information displayed in the Client with an additional means Electronic Trading Service. The Customer will make its own independent decision to place instructions access or use the Electronic Trading Service or to SINO execute any Transaction and the Customer acknowledges and agrees that the Electronic Trading Service does not and will not serve as the primary basis for any of the Customer’s investment decisions concerning its Accounts.
(a) the real-time quote service and other market information available at MFL’s website is provided by a third party service provider appointed by MFL from time to time;
(b) neither MFL nor any of MFL’s directors, employees, agents, representatives or gain access to information relating third party service provider shall be responsible to the ClientCustomer for any losses, costs, expenses, damages or claims which the Customer may suffer as a result of or in connection with any respect of the real-time quote service including the Customer’s account. The Client may also do so by calling one of Sino’s sales representatives direct. If reliance on such service;
(c) the Client has any problems in reaching SINO market data and information available through the Electronic Trading ServicesService is provided to MFL by each participating exchange(s) or association(s) or agent(s) (which disseminate such data and information) with assertion of a proprietary interest in such data and information;
(d) MFL will not be liable for any loss of profits or anticipated savings (in either case, whether direct or indirect) or any special, indirect, incidental or consequential damages which the Client Customer may use other methods to communicate with SINO and inform SINO.
5.8 The Client may give on-line instructions to SINO regarding fund deposit, fund withdrawal and transfer of securities followed by hard copy of such instructions. However, SINO is authorized at its discretion to act upon incur or experience because the Client’s on-line instructions alone. The Client’s account will be credited with Customer entered into this Agreement or relied on the relevant funds or securities once SINO receives the Client’s cleared funds or securities.
5.9 In the case of securities transfer, the Client will be responsible for arranging the relevant third party to deliver the securities to the Client or to receive the Client’s securities, and that any handling, transfer or custodian fees and charges shall be at the Client’s costs.
5.10 The Electronic Trading Services may provide for informational purposes only Service, even if MFL knows of the possibility of those losses or damages;
(e) MFL (and data is published any of MFL’s affiliate) are not and will not be, by third parties. Owing to market volatility and possible delay in virtue of providing the data-transmission processElectronic Trading Service, the data may not be real-time market quotes an advisor or fiduciary for the relevant products. SINO does not guarantee Customer; and
(f) no party guarantees the timeliness, sequence, accuracy, adequacy accuracy or completeness of market data or any other market information and neither MFL, MFL’s directors, employees, agents or representatives nor any disseminating party shall be liable in any way for any loss or damage arising from or caused by any inaccuracy, error or delay in or omission from any such information. SINO gives no express data, information or implied warranties with respect message, or the transmission or delivery of the same, non-performance or interruption of any such data, message or information whether or not due to such informationany negligent act of MFL or any disseminating party, or shall be liable in any way for the correctness, quality, accuracy, security, completeness, reliability, performance, timeliness, pricing or continued availability of the Electronic Trading Service or for delays or omissions of the Electronic Trading Service, or for the failure of any connection or communication service to provide or maintain the Customer’s access to the Electronic Trading Service, or for any interruption or disruption of the Customer’s access or any erroneous communications between the Customer and MFL, or to any force majeure event as described under Clause 41 of this Section I, or any other cause beyond MFL’s control or the reasonable control of any disseminating party.
5.11 After 7.9 The Customer understands, acknowledges and agrees that: The Customer shall use all such data, information and real-time quotes for the Customer’s personal use and reference only, and these must not to be reproduced, duplicated, sub-listed or transmitted or used for commercial purposes, and the Customer shall not furnish such data to any other person or entity for any reason.
7.10 By applying for and using the Electronic Trading Service, the Customer acknowledges, represents and warrants that:
(a) the Customer is legally entitled to open and use the Electronic Trading Service;
(b) no breach of any law, regulation or governmental or other requirement whether of the Customer’s jurisdiction of residence or domicile, or any other relevant jurisdiction will arise as a result of any use by the Customer of the Electronic Trading Service; and
(c) due to the public nature of the internet and other reasons, the Internet is inherently not always a reliable medium of communication and that such lack of reliability is beyond MFL’s control and therefore MFL shall have no liability whatsoever, including but not limited to liability due to: unpredictable traffic congestion, delays in transmission, interruption, transmission blackout, incorrect data transmission, misrepresentation, virus infection, system or platform being attacked by hacker, malfunction of the system or platform, other factors causing the incompletion of the Customer’s Instruction or interference by unauthorized persons. By using the Electronic Trading Services the Customer accepts all of the abovementioned and other risks including without limitation to the possible failure or delay in the transmission and receipt of Instructions and other information that may result in failure or delay in the execution of Instructions and /or any loss arising from prices different from those prevailing at the Client’s trading orderstime the Instructions were given.
7.11 The Customer agrees to indemnify MFL on demand from all liabilities, the Client accepts that SINO losses, claims, damages, judgments, suits, actions, proceedings, costs (including legal fees) and expenses (collectively referred to as “Losses”) MFL may send the Client and the Client agree to receive trade confirmations suffer or incur as a result of the ClientCustomer’s transactions through electronic posting use of the Electronic Trading Service, including any breach of this Clause 7 or breaches of security of the Electronic Trading Service (including any access or entry into any of MFL’s other systems not covered by this Agreement), except to the Clientextent such Losses are due to MFL’s account 8 gross negligence or other electronic means in lieu of printed confirmations. The Client shall print out the confirmations or make the Client’s own arrangements to maintain the Client’s own records if necessary. SINO will also send the Client relevant statements summarizing entries in the Client’s account by mail or otherwisewilful misconduct.
Appears in 1 contract
Samples: Client Trading Agreement
Electronic Trading Services. 5.1 SINO 7.1 The Customer may provide Client with Electronic trading facilities and services which may include but is not necessarily limited to WebTrade, Touch Tone Trade or PDA Trade (collectively called "access the Account through the Electronic Trading Services") Service. Should the Customer experience any problems in reaching MFL through the Electronic Trading Service, the Customer may attempt to communicate with MFL by telephone and they are provided upon inform MFL of the difficulty the Customer is experiencing.
7.2 The Customer agrees to abide by the provisions of This this Agreement and other terms and conditions to be specified by SINO from time to time. The Client accepts whenever the risks of receiving or gaining access to services through and communication and conducting transactions over the Electronic or other electronic means or facilities.
5.2 When using Customer uses the Electronic Trading Services, Service. Any additional services offered through the Client warrant Electronic Trading Service in the future will only be used by the Customer in accordance with the provisions of this Agreement and any additional provisions applicable thereto.
7.3 The Customer understands that the Client Electronic Trading Service is a semi-automated facility, which enables the only authorized user of Customer to send electronic Instructions to buy, sell and otherwise deal with Contracts and receive information services.
7.4 The Customer acknowledges that the Client’s Access Codes Electronic Trading Service and will be responsible for all instructions placed and all transactions conducted with the use of the Client’s Access Codessoftware comprised in it are proprietary to MFL and/or third party provider(s). The Client also Customer agrees and undertakes to use that the Client’s Access Codes with caution and review every order before placing it.
5.3 The Client Customer shall not not, and shall not attempt to to, tamper with, modify, decompile, reverse engineer or otherwise alter in any way, or and shall not attempt to gain unauthorized access to to, any part of the Electronic Trading Services.
5.4 When Service and the open an account through Electronicsoftware comprised in it. The Customer agrees that MFL may, in addition at MFL’s absolute discretion, suspend or terminate the Customer’s Access Code and/or close the Account immediately without notice to completing the Customer, and returning take action against the Customer if the Customer at any time breaches this Agreement online, the Client agrees and undertakes to return to SINO the hard copy of the Agreement duly completed and signed by the Client before or certified by a professional person such as a branch manager of a bank, certified public accountant, lawyer, notary public or any other agreement or undertaking, rules, regulations, orders and laws of Hong Kong or of the country concerned or if MFL at any time reasonably suspects that the Customer has breached the same. The Customer undertakes to notify MFL immediately if the Customer becomes aware that any other person acceptable to SINO. SINO is doing any of the above.
7.5 The Customer shall be entitled to refuse to execute the Client’s instructions until it has received such hard copy only user of the AgreementElectronic Trading Service under the Account. The Customer shall be responsible for the confidentiality and use of the Access Code and undertakes: (a) not to disclose any Access Code to any third party; (b) not to write down or record any Access Code in a way that could facilitate misuse or fraud; and (c) to immediately report any loss, unauthorized disclosure or misuse of the Customer’s Access Code to MFL. The Customer acknowledges and agrees that the Customer shall be solely responsible for all Instructions entered through the Electronic Trading Service using its Access Code.
5.5 Unless otherwise agreed by SINO7.6 The Customer further acknowledges and agrees that, SINO is not obliged as a condition of using the Electronic Trading Service to execute give Instructions, the Client’s instructions until there are sufficient cleared funds or securities in the Client’s account to settle the Client’s transactions.
5.6 SINO will not be deemed to have received the Client’s instructions or executed the Client’s orders unless and until the Client in receipt of Sino’s message acknowledging receipt or confirming execution of the Client’s orders. The Client agrees to Customer shall immediately notify SINO if the Client does not receive Sino’s message acknowledging receipt or confirming execution of the Client’s orders, the Client in receipt of any messages MFL if: (a) immediately after an Instruction in respect of transactions the Account has been placed through the Electronic Trading Service, the Customer has not received: (i) an order reference number; and (ii) an accurate acknowledgement of the Instruction or of its execution (whether by hard copy, electronic or verbal means); (b) the Customer has received acknowledgement (whether by hard copy, electronic or verbal means) of a Transaction which the Client Customer did not instruct, instruct or if any similar conflict arises; or (c) the Client Customer becomes aware of any unauthorized use of the Client’s Access CodesUser ID, Password or PIN.
3.7 7.7 The Customer agrees that if the Customer fails to notify MFL forthwith when any of the situations described in Clause 7.6 occurs, neither MFL nor any of MFL’s directors, employees, agent or representatives shall have any liability to the Customer, or to any other person for any obligations, claims or other liabilities with respect to the handling, mishandling or loss of any Instruction unless such loss results from the fraud, gross negligence or wilful default on the part of MFL.
7.8 MFL has no responsibility to inform the Customer of any difficulties MFL or other third parties experience concerning use of the Electronic Trading Services provide Service or to take any action in connection with these difficulties. MFL also will have no duty or obligation to verify, correct, complete or update any information displayed in the Client with an additional means Electronic Trading Service. The Customer will make its own independent decision to place instructions access or use the Electronic Trading Service or to SINO execute any Transaction and the Customer acknowledges and agrees that the Electronic Trading Service does not and will not serve as the primary basis for any of the Customer’s investment decisions concerning its Accounts.
7.9 The Customer understands, acknowledges and agrees that:
(a) the real-time quote service and other market information available at MFL’s website is provided by a third party service provider appointed by MFL from time to time;
(b) neither MFL nor any of MFL’s directors, employees, agents, representatives or gain access to information relating third party service provider shall be responsible to the ClientCustomer for any losses, costs, expenses, damages or claims which the Customer may suffer as a result of or in connection with any respect of the real-time quote service including the Customer’s account. The Client may also do so by calling one of Sino’s sales representatives direct. If reliance on such service;
(c) the Client has any problems in reaching SINO market data and information available through the Electronic Trading ServicesService is provided to MFL by each participating exchange(s) or association(s) or agent(s) (which disseminate such data and information) with assertion of a proprietary interest in such data and information;
(d) MFL will not be liable for any loss of profits or anticipated savings (in either case, whether direct or indirect) or any special, indirect, incidental or consequential damages which the Client Customer may use other methods to communicate with SINO and inform SINO.
5.8 The Client may give on-line instructions to SINO regarding fund deposit, fund withdrawal and transfer of securities followed by hard copy of such instructions. However, SINO is authorized at its discretion to act upon incur or experience because the Client’s on-line instructions alone. The Client’s account will be credited with Customer entered into this Agreement or relied on the relevant funds or securities once SINO receives the Client’s cleared funds or securities.
5.9 In the case of securities transfer, the Client will be responsible for arranging the relevant third party to deliver the securities to the Client or to receive the Client’s securities, and that any handling, transfer or custodian fees and charges shall be at the Client’s costs.
5.10 The Electronic Trading Services may provide for informational purposes only Service, even if MFL knows of the possibility of those losses or damages;
(e) MFL (and data is published any of MFL’s affiliate) are not and will not be, by third parties. Owing to market volatility and possible delay in virtue of providing the data-transmission processElectronic Trading Service, the data may not be real-time market quotes an advisor or fiduciary for the relevant products. SINO does not guarantee Customer; and
(f) no party guarantees the timeliness, sequence, accuracy, adequacy accuracy or completeness of market data or any other market information and neither MFL, MFL’s directors, employees, agents or representatives nor any disseminating party shall be liable in any way for any loss or damage arising from or caused by any inaccuracy, error or delay in or omission from any such informationdata, information or message, or the transmission or delivery of the same, non-performance or interruption of any such data, message or information whether or not due to any negligent act of MFL or any disseminating party, or shall be liable in any way for the correctness, quality, accuracy, security, completeness, reliability, performance, timeliness, pricing or continued availability of the Electronic Trading Service or for delays or omissions of the Electronic Trading Service, or for the failure of any connection or communication service to provide or maintain the Customer’s access to the Electronic Trading Service, or for any interruption or disruption of the Customer’s access or any erroneous communications between the Customer and MFL, or to any force majeure event as described under Clause 41 of this Section I, or any other cause beyond MFL’s control or the reasonable control of any disseminating party. SINO gives no express The Customer shall use all such data, information and real-time quotes for the Customer’s personal use and reference only, and these must not to be reproduced, duplicated, sub-listed or implied warranties with respect transmitted or used for commercial purposes, and the Customer shall not furnish 7 such data to such informationany other person or entity for any reason.
5.11 After 7.10 By applying for and using the Electronic Trading Service, the Customer acknowledges, represents and warrants that:
(a) the Customer is legally entitled to open and use the Electronic Trading Service;
(b) no breach of any law, regulation or governmental or other requirement whether of the Customer’s jurisdiction of residence or domicile, or any other relevant jurisdiction will arise as a result of any use by the Customer of the Electronic Trading Service; and
(c) due to the public nature of the internet and other reasons, the Internet is inherently not always a reliable medium of communication and that such lack of reliability is beyond MFL’s control and therefore MFL shall have no liability whatsoever, including but not limited to liability due to: unpredictable traffic congestion, delays in transmission, interruption, transmission blackout, incorrect data transmission, misrepresentation, virus infection, system or platform being attacked by hacker, malfunction of the system or platform, other factors causing the incompletion of the Customer’s Instruction or interference by unauthorized persons. By using the Electronic Trading Services the Customer accepts all of the abovementioned and other risks including without limitation to the possible failure or delay in the transmission and receipt of Instructions and other information that may result in failure or delay in the execution of Instructions and /or any loss arising from prices different from those prevailing at the Client’s trading orderstime the Instructions were given.
7.11 The Customer agrees to indemnify MFL on demand from all liabilities, the Client accepts that SINO losses, claims, damages, judgments, suits, actions, proceedings, costs (including legal fees) and expenses (collectively referred to as “Losses”) MFL may send the Client and the Client agree to receive trade confirmations suffer or incur as a result of the ClientCustomer’s transactions through electronic posting use of the Electronic Trading Service, including any breach of this Clause 7 or breaches of security of the Electronic Trading Service (including any access or entry into any of MFL’s other systems not covered by this Agreement), except to the Clientextent such Losses are due to MFL’s account gross negligence or other electronic means in lieu of printed confirmations. The Client shall print out the confirmations or make the Client’s own arrangements to maintain the Client’s own records if necessary. SINO will also send the Client relevant statements summarizing entries in the Client’s account by mail or otherwisewilful misconduct.
Appears in 1 contract
Samples: Client Trading Agreement
Electronic Trading Services. 5.1 SINO 2.1 Upon customer's request, SSIL may provide Client customer with Electronic trading facilities Trading Services (being the electronic facility which enables customer to give instructions to, and obtain information and services from SSIL in relation to Investments) which may include but is not necessarily limited to WebTrade, Touch Tone Trade or PDA Trade (collectively called "SSIL 's e-trading system and SSIL 's website. Customer acknowledges that the usage of SSIL 's Electronic Trading Services") and they are provided upon Services is subject to the provisions of This Agreement and other terms and conditions to be specified by SINO SSIL from time to time. The Client accepts the risks of receiving or gaining access to services through time and communication any applicable laws and conducting transactions over the Electronic or other electronic means or facilitiesregulations.
5.2 2.2 When using the SSIL 's Electronic Trading Services, the Client warrant customer hereby warrants that the Client he is the only authorized user of the Client’s SSIL's user identification code(s), password(s), login name(s) or personal identifier(s) ("Access Codes Codes") as may be issued by SSIL from time to time and will be responsible customer shall accept full responsibility for all instructions placed and all transactions conducted with the use of the Client’s Access Codes. The Client also undertakes to use the Client’s his Access Codes with caution and review every order before placing it(whether authorized by customer or not).
5.3 The Client shall not and 2.3 Customer shall not attempt to tamper with, de-compile, modify, decompile, reverse engineer or otherwise alter in any way, or gain unauthorized access to the SSIL 's Electronic Trading Services.
5.4 2.4 When customer opens an electronic trading account with SSIL, he shall duly complete and return the open an account through ElectronicApplication Form for Electronic Trading Services. In addition, in addition to completing and returning the Agreement online, the Client customer hereby agrees and undertakes to return to SINO SSIL the hard copy of the Agreement this agreement and client information statement duly completed and signed executed by the Client before or certified by a professional person such customer together with any required documents as a branch manager of a bank, certified public accountant, lawyer, notary public or any other person acceptable to SINO. SINO shall be entitled to refuse to execute the Client’s instructions until it has received such hard copy of the Agreementsoon as practicable.
5.5 Unless otherwise agreed by SINO, SINO is not obliged to execute the Client’s instructions until there are sufficient cleared funds or securities in the Client’s account to settle the Client’s transactions.
5.6 SINO will 2.5 SSIL shall not be deemed to have received the Client’s customer's instructions or executed the Client’s orders its order(s) unless and until the Client in receipt of Sino’s SSIL 's message acknowledging receipt or confirming execution of the Client’s orders. The Client customer's order(s) is received by customer.
2.6 Customer agrees to immediately notify SINO pay all subscription, service and usage fees, if any, that SSIL may charge it for the Client does not receive Sino’s message acknowledging receipt or confirming execution of the Client’s orders, the Client in receipt of any messages in respect of transactions which the Client did not instruct, or the Client becomes aware of any unauthorized use of the Client’s Access Codes.
3.7 The Electronic Trading Services provide the Client with an additional means and agrees that such fees may be changed without notice.
2.7 In addition to place SSIL 's Electronic Trading Services, customer may also give instructions to SINO or gain access to information relating to the Client’s account. The Client may also do so SSIL by calling communicating with one of Sino’s its sales representatives directdirectly. If the Client has customer experiences any problems in reaching SINO through the SSIL via SSIL 's Electronic Trading Services, the Client he may use other methods to communicate with SINO SSIL and inform SINOSSIL of the difficulty which he is experiencing.
5.8 The Client 2.8 Customer expressly agrees that SSIL may communicate with or give on-line instructions notice to SINO regarding fund deposit, fund withdrawal and transfer of securities followed customer via SSIL 's Electronic Trading Services or by hard copy of such instructions. However, SINO is authorized at its discretion to act upon the Client’s on-line instructions alone. The Client’s account will be credited with the relevant funds other electronic means or securities once SINO receives the Client’s cleared funds or securities.
5.9 In the case of securities transfer, the Client will be responsible for arranging the relevant third party to deliver the securities to the Client or to receive the Client’s securities, facilities and that any handling, transfer such notice or custodian fees and charges shall be at communication delivered to customer by SSIL by electronic devices through the Client’s costs.
5.10 The Electronic Trading Services or otherwise shall be deemed to have been received at the time of transmission of the message to customer.
2.9 Customer acknowledges that it may provide for informational purposes only not be possible to amend or cancel his instructions or orders once given and hereby agree to carefully review every order before it is made.
2.10 Customer understands and accepts that SSIL may at any time in its sole discretion and without prior notice to customer, suspend, prohibit, restrict or terminate customer’s access to the Electronic Trading Services and his ability to trade. The suspension, prohibition, restriction or termination of access or closing of the electronic account by SSIL will not affect the rights and/or obligations of either party incurred prior to the time of the suspension, prohibition, restriction or termination of access or closing of the electronic account.
2.11 Customer is fully aware that the financial data is or other information published by third partiesparties are provided in SSIL 's Electronic Trading Services for the purpose of information and reference only. Owing to By reason of market volatility and possible delay in the data-data transmission processprocess beyond the control of SSIL, the such data may not be real-time market quotes whether for the relevant productsInvestments or otherwise. SINO Whilst SSIL considers such data to be reliable, SSIL has no independent basis to verify or confirm the accuracy or completeness of the information provided. Customer shall in no way treat such data provided in SSIL 's Electronic Trading Services as a warranty, recommendation or endorsement from SSIL in respect of any Investments.
2.12 Customer acknowledges and agrees to immediately notify SSIL if:-
(a) an instruction has been placed through the Electronic Trading Services and customer has not received an instruction number and has not received an accurate acknowledgement of the instruction or of its execution (whether by hard copy, electronic or verbal means);
(b) customer has received acknowledgment (whether by hard copy, electronic or verbal means) of a transaction which customer did not instruct or become aware of any similar conflict;
(c) customer becomes aware of any of the acts stated in Article 2.3 being done or attempted by any person;
(d) customer becomes aware of any unauthorised use of customer's Access Codes; or
(e) customer has difficulties with regard to the use of the Electronic Trading Services.
2.13 Customer hereby acknowledges that any information provided in SSIL 's Electronic Trading Services is provided on an "as is", or "as available" basis. SSIL does not confirm, warrant or guarantee the timeliness, sequence, accuracy, adequacy or completeness of such information. SINO information and gives no express or implied warranties with (including but not limited to warranties of merchantability or fitness for a particular use) in respect to of such information.
5.11 After 2.14 Customer agrees that neither SSIL nor its officers, employees, agents, third party electronic information providers ("Information Providers") or third party electronic information transmitters ("Information Transmitters") shall be liable for any loss or damage:-
(a) of any kind, whether direct, indirect, special, consequential or incidental, resulting from access or use of or reliance on information supplied by, or inability to access or use, the execution Electronic Trading Services, including without limitation damage resulting from the act, omission, mistake, delay or interruption of the Client’s trading ordersInformation Providers or the Information Transmitters, even if SSIL, its officers, employees, agents, the Client accepts that SINO may send Information Providers or the Client and the Client agree to receive trade confirmations Information Transmitters have been advised of the Client’s transactions through possibility of such loss; or
(b) resulting from a cause over which SSIL, its officers, employees, agents, Information Providers or Information Transmitters do not have control, including but not limited to any governmental restriction, suspension of trading, failure of electronic posting or mechanical equipment or communication lines, telephone or other interconnection problems, incompatibility of computer hardware or software, failure or unavailability of Internet access, problems with Internet service providers or other equipment or services relating to the Client’s account customer's or SSIL's computer system, power failure, problem with data transmission facilities, unauthorized access, theft, fire, war, strikes, civil disorder, acts or threatened acts of terrorism, natural disasters or labour disputes.
2.15 Customer agrees that SSIL shall not be responsible for any damage to customer's computer, software, modem, telephone or other electronic means property resulting from his use of the Electronic Trading Services.
2.16 SSIL shall not be liable for any transmission error or execution delays in lieu providing Electronic Trading Services to the customer save where such is due to its gross negligence or willful default.
2.17 Customer agrees to indemnify and hold SSIL, its officers, employees, agents, Information Providers and Information Transmitters harmless from and against any and all claims, losses, liability, costs and expenses arising out of printed confirmationsor in connection with customer's use of the Electronic Trading Services. The Client This obligation will survive until the termination of this agreement.
2.18 Unless otherwise specified, this Article 2 shall print out be without prejudice and in addition to all the confirmations or make the Client’s own arrangements to maintain the Client’s own records if necessary. SINO will also send the Client relevant statements summarizing entries other provisions in the Client’s account by mail or otherwisethis agreement.
Appears in 1 contract
Samples: Client Agreement
Electronic Trading Services. 5.1 SINO 7.1 The Customer may provide Client with Electronic trading facilities and services which may include but is not necessarily limited to WebTrade, Touch Tone Trade or PDA Trade (collectively called "access the Account through the Electronic Trading Services") Service. Should the Customer experience any problems in reaching MSL through the Electronic Trading Service, the Customer may attempt to communicate with MSL by telephone and they are provided upon inform MSL of the difficulty the Customer is experiencing.
7.2 The Customer agrees to abide by the provisions of This this Agreement and other terms and conditions to be specified by SINO from time to time. The Client accepts whenever the risks of receiving or gaining access to services through and communication and conducting transactions over the Electronic or other electronic means or facilities.
5.2 When using Customer uses the Electronic Trading Services, Service. Any additional services offered through the Client warrant Electronic Trading Service in the future will only be used by the Customer in accordance with the provisions of this Agreement and any additional provisions applicable thereto.
7.3 The Customer understands that the Client Electronic Trading Service is a semi-automated facility, which enables the only authorized user of Customer to send electronic Instructions to buy, sell and otherwise deal with Securities and receive information services.
7.4 The Customer acknowledges that the Client’s Access Codes Electronic Trading Service and will be responsible for all instructions placed and all transactions conducted with the use of the Client’s Access Codessoftware comprised in it are proprietary to MSL and/or third party 5 provider(s). The Client also Customer agrees and undertakes to use that the Client’s Access Codes with caution and review every order before placing it.
5.3 The Client Customer shall not not, and shall not attempt to to, tamper with, modify, decompile, reverse engineer or otherwise alter in any way, or and shall not attempt to gain unauthorized access to to, any part of the Electronic Trading Services.
5.4 When Service and the open an account through Electronicsoftware comprised in it. The Customer agrees that MSL may, in addition at MSL’s absolute discretion, suspend or terminate the Customer’s Access Code and/or close the Account immediately without notice to completing the Customer, and returning take action against the Customer if the Customer at any time breach this Agreement online, the Client agrees and undertakes to return to SINO the hard copy of the Agreement duly completed and signed by the Client before or certified by a professional person such as a branch manager of a bank, certified public accountant, lawyer, notary public or any other agreement or undertaking, rules, regulations, orders and laws of Hong Kong or of the country concerned or if MSL at any time reasonably suspects that the Customer has breached the same. The Customer undertakes to notify MSL immediately if the Customer becomes aware that any other person acceptable to SINO. SINO is doing any of the above.
7.5 The Customer shall be entitled to refuse to execute the Client’s instructions until it has received such hard copy only user of the Agreement.
5.5 Unless otherwise agreed by SINO, SINO is not obliged to execute Electronic Trading Service under the Client’s instructions until there are sufficient cleared funds or securities in the Client’s account to settle the Client’s transactions.
5.6 SINO will not be deemed to have received the Client’s instructions or executed the Client’s orders unless and until the Client in receipt of Sino’s message acknowledging receipt or confirming execution of the Client’s ordersAccount. The Client agrees to immediately notify SINO if Customer shall be responsible for the Client does not receive Sino’s message acknowledging receipt or confirming execution of the Client’s orders, the Client in receipt of any messages in respect of transactions which the Client did not instruct, or the Client becomes aware of any unauthorized confidentiality and use of the ClientAccess Code and agrees to undertake: (a) not to disclose any Access Code to any third party; (b) not to write down or record any Access Code in a way that could facilitate misuse or fraud; and (c) to immediately report any loss, unauthorized disclosure or misuse of the Customer’s Access Codes.
3.7 The Electronic Trading Services provide the Client with an additional means Code to place instructions to SINO or gain access to information relating to the Client’s accountMSL. The Client may also do so by calling one of Sino’s sales representatives direct. If Customer acknowledges and agrees that the Client has any problems in reaching SINO Customer shall be solely responsible for all Instructions entered through the Electronic Trading ServicesService using its Access Code.
7.6 The Customer further acknowledges and agrees that, as a condition of using the Electronic Trading Service to give Instructions, the Client may use other methods to communicate with SINO Customer shall immediately notify MSL if: (a) immediately after an Instruction in respect of the Account has been placed through the Electronic Trading Service, the Customer has not received: (i) an order reference number; and inform SINO.
5.8 The Client may give on-line instructions to SINO regarding fund deposit, fund withdrawal and transfer (ii) an accurate acknowledgement of securities followed the Instruction or of its execution (whether by hard copy copy, electronic or verbal means); (b) the Customer has received acknowledgement (whether by hard copy, electronic or verbal means) of such instructions. However, SINO is authorized at its discretion to act upon a Transaction which the Client’s on-line instructions alone. The Client’s account will be credited with the relevant funds Customer did not instruct or securities once SINO receives the Client’s cleared funds or securities.
5.9 In the case of securities transfer, the Client will be responsible for arranging the relevant third party to deliver the securities to the Client or to receive the Client’s securities, and that if any handling, transfer or custodian fees and charges shall be at the Client’s costs.
5.10 The Electronic Trading Services may provide for informational purposes only and data is published by third parties. Owing to market volatility and possible delay in the data-transmission process, the data may not be real-time market quotes for the relevant products. SINO does not guarantee the timeliness, sequence, accuracy, adequacy or completeness of such information. SINO gives no express or implied warranties with respect to such information.
5.11 After the execution of the Client’s trading orders, the Client accepts that SINO may send the Client and the Client agree to receive trade confirmations of the Client’s transactions through electronic posting to the Client’s account or other electronic means in lieu of printed confirmations. The Client shall print out the confirmations or make the Client’s own arrangements to maintain the Client’s own records if necessary. SINO will also send the Client relevant statements summarizing entries in the Client’s account by mail or otherwise.similar conflict arises; or
Appears in 1 contract
Samples: Client Trading Agreement
