Common use of Electronic Trading Services Clause in Contracts

Electronic Trading Services. 2.1 Upon the Client’s request, the Dealer may provide the Client with ETS. The Client acknowledge that the Client shall use the ETS at its own risk and the usage of the ETS is subject to the terms and conditions to be specified by the Dealer from time to time and any applicable laws and regulations. 2.2 When using the ETS, the Client hereby warrants that he is the only authorized user of the Access Codes and the Client shall be fully responsible for all instructions placed with the use, application and security of the Access Codes (whether authorized by the Client or not). The Dealer shall not be responsible for loss incurred as a result of carrying out such Investment orders. The Client shall, upon demand, indemnify the Dealer against any loss or damage as a result of any Investment orders made through the ETS. 2.3 The Client acknowledges that the ETS belongs to the Dealer. The Client shall not attempt to tamper with, decompile, modify, dissemble, reverse engineer, damage, destroy or otherwise alter in any way, or attempt to gain unauthorized access to the ETS. 2.4 The Dealer shall not be deemed to have received the Client’s instructions or executed its Investment order(s) unless and until the Dealer’s message acknowledging receipt or confirming execution of the Client’s order(s) is duly and clearly received by the Client. In circumstances including but not limited to the case where there is any computer system failure, ETS system error, or inaccurate pricing (in cases where the pricing does not represent the true and accurate pricing quoted in the international Bullion market, the Client shall accept the pricing as determined by the Dealer in its professional capacity and in good faith as the conclusive accurate pricing) resulting in the issuance of an incorrect confirmation by the Dealer, the Dealer has the absolute right to make any necessary amendment or even cancel such confirmation unilaterally and the Client shall fully accept any such amendment by the Dealer and shall be responsible for any consequences arising herein. 2.5 The Client acknowledges that the giving of an Investment order through the ETS does not guarantee execution of an order by the Dealer. The Dealer, its employees or agents shall not be held liable for failure to execute any Investment order. 2.6 The Dealer may refuse to accept or carry out any Investment orders without being obliged to give any reason for such refusal. The Dealer may refuse to accept or carry out any Investment orders for any reason whatsoever, which may include but is not limited to failure to maintain or deposit the Initial Margin required by the Dealer. 2.7 The Client agrees to pay all subscription, service and usage fees, if any, that the Dealer may charge it for use of the ETS and agrees that the Dealer may change such fees without giving the Client any prior notice. 2.8 The Client shall be responsible for the accuracy of the Investment orders placed on the ETS and the Dealer shall be entitled to rely and act on such Investment orders. The Client hereby agrees to carefully review every Investment order before it is made and acknowledge that once an Investment order is given through the ETS, it may not be rescinded or withdrawn without the express consent or confirmation of the Dealer, which shall not be obliged to accept such a request. The Client acknowledges that Investment orders may only be cancelled or amended before execution and in the case of full or partial execution of the Investment order, the Client shall be fully or partially responsible, as the case may be, for the execution of the Investment Order and the Client shall not hold the Dealer liable for such execution. 2.9 The Client is fully aware that financial data or other information published by third parties may be provided in the ETS and such data may not be the latest real-time market quotes. The Client acknowledges that the Dealer has no basis to independently verify the accuracy of such data and shall in no way treat such data provided in the ETS as a warranty, recommendation or endorsement from the Dealer in respect of any Investments. The Dealer shall not be held liable for any losses incurred by the Client in reliance of such data or from system failure of the ETS resulting in the data being incorrect. 2.10 The Client agrees that he shall not use the financial data or other information published on the ETS for use in his course of ordinary business, or make available, reproduce, publish or circulate such financial data or other information without the prior written consent of the Dealer. 2.11 The Client hereby acknowledges that any information provided in the ETS is provided on an “as is”, or “as available” basis and reliance on such information is at the Client’s own risk. The Dealer does not confirm, warrant or guarantee the timeliness, sequence, accuracy adequacy, continuity or completeness of such information and gives no express or implied warranties (including but not limited to warranties of merchantability or fitness for a particular use) in respect of such information. 2.12 The Client acknowledges and agrees to immediately notify the Dealer if:- (a) an instruction has been placed through the ETS and the Client has not received an order number or has not received an accurate acknowledgement of the instruction or of its execution (whether by hard copy, electronic or verbal means); (b) the Client has received acknowledgment (whether by hard copy, electronic or verbal means) of a transaction which the Client did not instruct, or becomes aware of any similar conflict; (c) the Client becomes aware of any of the acts stated in Article 2.3 being done or attempted by any person; (d) the Client becomes aware of any unauthorized use of the Client’s Access Code; or (e) the Client has difficulties with regard to the use of the ETS. 2.13 The Client expressly aggress that the Dealer may communicate with or give notice to the Client via the ETS or by any other electronic means or facilities and that any such notice or communication shall be deemed to have been received at the time of transmission of the message to the Client. 2.14 The Client acknowledges that: (a) access to the ETS may be limited or unavailable at certain periods of time, market volatility, systems upgrade or maintenance or for any other reasons and the Client shall not hold the Dealer liable in cases where any such circumstances arise; (b) ETS may not be a completely reliable means of communication; and (c) the Investment orders may not be executed immediately after it is placed and may not be executed at the price when the Investment orders were made. In all such circumstances, the Client shall accept the price being reviewed by the Dealer as the ultimate accurate price. 2.15 It may be necessary for the Dealer to suspend some or all of the ETS for routine or emergency maintenance. In the event of such suspension, the Dealer shall take reasonable steps to notify the Client prior to the suspension. The Client also acknowledges that the Dealer may at any time in its sole discretion and without prior notice to the Client, suspend, prohibit, restrict or terminate the Client’s access to the ETS and his ability to place Investment orders, which will not affect the rights and/or obligations of either party incurred prior to the time of such suspension, prohibition, restriction or termination of access or closing of the electronic account. 2.16 The Dealer shall not be liable to the Client for any losses, expenses whatsoever in relation to any private or confidential information being accessed or destroyed by hackers or any incorrect messages or Notices being issued to the Client resulting from any unauthorized invasion or destruction of the computer systems of the Client and/or the Dealer by hackers. 2.17 The Client agrees that he will not hold the Dealer, its employees nor any third parties 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 ETS resulting from the act or commission of any third parties even if the Dealer, its employees and any third parties had been advised of the possibility of any loss or damage; or (b) Resulting from a cause over which the Dealer, its employees nor any third parties do not have control, including but not limited to any governmental restriction, suspension of trading, failure of electronic or mechanical equipment or communication lines, telephone or other interconnection problems, incompatibility of computer hardware or software, failure of unavailability of internet access, problems with internet service providers or other equipment or services relating to the Client’s or the Dealer’s computer system, power failure, black-outs, problem with data transmission facilities, unauthorized access, theft, fire, storms, riots, war, strikes, civil disorder, acts or threatened acts of terrorism, natural disasters or labor disputes, etc. 2.18 The Client agrees that the Dealer shall not be responsible for any damage to the Client’s computer, software, modem, telephone or other property resulting from his use of the ETS. 2.19 The Dealer shall not be liable for any transmission error or execution delays of the Investment orders placed on the ETS due to breakdown, failure of transmission, failure of communication facilities or any other circumstances beyond the Dealer’s control or anticipation. 2.20 The Client agrees to indemnify and hold the Dealer, its employees nor any third parties harmless from and against any and all claims, losses, liability, costs and expenses arising out of or in connection with the Client’s use of the ETS. This obligation shall remain in full force and effect and shall be enforceable notwithstanding termination of this agreement. 2.21 The Client may terminate his ETS account upon receipt by the Dealer of a written notice in the form being acceptable by the Dealer of its termination seven (7) Business Days prior to the effective date of the termination. 2.22 Unless otherwise specified, this Article 2 shall be without prejudice and in addition to all the other provisions in this agreement.

Electronic Trading Services. 2.1 Upon the Client’s request, the Dealer may provide the Client with ETS. The Client acknowledge that the Client shall use the ETS at its own risk and the usage of the ETS is subject to the terms and conditions to be specified by the Dealer from time to time and any applicable laws and regulations. 2.2 When using the ETS, the Client hereby warrants that the he is the only authorized user of the Access Codes and the Client shall be fully responsible for all instructions placed with the use, application and security of the Access Codes (whether authorized by the Client or not). The Dealer shall not be responsible for loss incurred as a result of carrying out such Investment orders. The Client shall, upon demand, indemnify the Dealer against any loss or damage as a result of any Investment orders made through the ETS. 2.3 The Client acknowledges acknowledge that the ETS belongs to the Dealer. The Client shall not attempt to tamper with, decompile, modify, dissemble, reverse engineer, damage, destroy or otherwise alter in any way, or attempt to gain unauthorized access to the ETS. 2.4 The Dealer shall not be deemed to have received the Client’s instructions or executed its Investment order(s) unless and until the Dealer’s message acknowledging receipt or confirming execution of the Client’s order(s) is duly and clearly received by the Client. In circumstances including but not limited to the case where there is any computer system failure, ETS system error, or inaccurate pricing (in cases where the pricing does not represent the true and accurate pricing quoted in the international Bullion market, the Client shall accept the pricing as determined by the Dealer in its professional capacity and in good faith as the conclusive accurate pricing) resulting in the issuance of an incorrect confirmation by the Dealer, the Dealer has the absolute right to make any necessary amendment or even cancel such confirmation unilaterally and the Client shall fully accept any such amendment by the Dealer and shall be responsible for any consequences arising herein. 2.5 The Client acknowledges that the giving of an Investment order through the ETS does not guarantee execution of an order by the Dealer. The Dealer, its employees or agents shall not be held liable for failure to execute any Investment order. 2.6 The Dealer may refuse to accept or carry out any Investment orders without being obliged to give any reason for such refusal. The Dealer may refuse to accept or carry out any Investment orders for any reason whatsoever, which may include but is not limited to failure to maintain or deposit the Initial Margin required by the Dealer. 2.7 The Client agrees to pay all subscription, service and usage fees, if any, that the Dealer may charge it for use of the ETS and agrees that the Dealer may change such fees without giving the Client any prior notice. 2.8 The Client shall be responsible for the accuracy of the Investment orders placed on the ETS and the Dealer shall be entitled to rely and act on such Investment orders. The Client hereby agrees to carefully review every Investment order before it is made and acknowledge that once an Investment order is given through the ETS, it may not be rescinded or withdrawn without the express consent or confirmation of the Dealer, which shall not be obliged to accept such a request. The Client acknowledges that Investment orders may only be cancelled or amended before execution and in the case of full or partial execution of the Investment order, the Client shall be fully or partially responsible, as the case may be, for the execution of the Investment Order and the Client shall not hold the Dealer liable for such execution. 2.9 The Client is fully aware that financial data or other information published by third parties may be provided in the ETS and such data may not be the latest real-time market quotes. The Client acknowledges that the Dealer has no basis to independently verify the accuracy of such data and shall in no way treat such data provided in the ETS as a warranty, recommendation or endorsement from the Dealer in respect of any Investments. The Dealer shall not be held liable for any losses incurred by the Client in reliance of such data or from system failure of the ETS resulting in the data being incorrect. 2.10 The Client agrees that he shall not use the financial data or other information published on the ETS for use in his course of ordinary business, or make available, reproduce, publish or circulate such financial data or other information without the prior written consent of the Dealer. 2.11 The Client hereby acknowledges that any information provided in the ETS is provided on an “as is”, or “as available” basis and reliance on such information is at the Client’s own risk. The Dealer does not confirm, warrant or guarantee the timeliness, sequence, accuracy adequacy, continuity or completeness of such information and gives no express or implied warranties (including but not limited to warranties of merchantability or fitness for a particular use) in respect of such information. 2.12 The Client acknowledges and agrees to immediately notify the Dealer if:-if: (a) an instruction has been placed through the ETS and the Client has not received an order number or has not received an accurate acknowledgement of the instruction or of its execution (whether by hard copy, electronic or verbal means); (b) the Client has received acknowledgment (whether by hard copy, electronic or verbal means) of a transaction which the Client did not instruct, instruct or becomes aware of any similar conflict; (c) the Client becomes aware of any of the acts stated in Article 2.3 being done or attempted by any person; (d) the Client becomes aware of any unauthorized use of the Client’s Access Code; or (e) the Client has difficulties with regard to the use of the ETS. 2.13 The Client expressly aggress that the Dealer may communicate with or give notice to the Client via the ETS or by any other electronic means or facilities and that any such notice or communication shall be deemed to have been received at the time of transmission of the message to the Client. 2.14 The Client acknowledges that: (a) access to the ETS may be limited or unavailable at certain periods of time, market volatility, systems upgrade or maintenance or for any other reasons and the Client shall not hold the Dealer liable in cases where any such circumstances arise; (b) ETS may not be a completely reliable means of communication; and (c) the Investment orders may not be executed immediately after it is placed and may not be executed at the price when the Investment orders were made. In all such circumstances, the Client shall accept the price being reviewed by the Dealer as the ultimate accurate price. 2.15 It may be necessary for the Dealer to suspend some or all of the ETS for routine or emergency maintenance. In the event of such suspension, the Dealer shall take reasonable steps to notify the Client prior to the suspension. The Client also acknowledges that the Dealer may at any time in its sole discretion and without prior notice to the Client, suspend, prohibit, restrict or terminate the Client’s access to the ETS and his ability to place Investment orders, which will not affect the rights and/or obligations of either party incurred prior to the time of such suspension, prohibition, restriction or termination of access or closing of the electronic account. 2.16 The Dealer shall not be liable to the Client for any losses, expenses whatsoever in relation to any private or confidential information being accessed or destroyed by hackers or any incorrect messages or Notices being issued to the Client resulting from any unauthorized invasion or destruction of the computer systems of the Client and/or the Dealer by hackers. 2.17 The Client agrees aggress that he will not hold the Dealer, its employees nor any third parties liable for any loss or damage:- (a) of any kind, whether direct, indirect, special, special ,consequential or incidental, resulting from access or use of or reliance on information supplied by, or inability to access or use, the ETS resulting from the act or commission of any third parties even if the Dealer, its employees and any third parties had been advised of the possibility of any loss or damage; or (b) Resulting from a cause over which the Dealer, its employees nor any third parties do not have control, including but not limited to any governmental restriction, suspension of trading, failure of electronic or mechanical equipment or communication lines, telephone or other interconnection problems, incompatibility of computer hardware or software, failure of unavailability of internet access, problems with internet service providers or other equipment or services relating to the Client’s or the Dealer’s computer system, power failure, black-outs, problem with data transmission facilities, unauthorized access, theft, fire, storms, riots, war, strikes, civil disorder, acts or threatened acts of terrorism, natural disasters or labor labour disputes, etc. 2.18 The Client agrees that the Dealer shall not be responsible for any damage to the Client’s computer, software, modem, telephone or other property resulting from his use of the ETS. 2.19 The Dealer shall not be liable for any transmission error or execution delays of the Investment orders placed on the ETS due to breakdown, failure of transmission, failure of communication facilities or any other circumstances beyond the Dealer’s control or anticipation. 2.20 The Client agrees to indemnify and hold the Dealer, its employees nor any third parties harmless from and against any and all claims, losses, liability, costs and expenses arising out of or in connection with the Client’s use of the ETS. This obligation shall remain in full force and effect and shall be enforceable notwithstanding termination of this agreement. 2.21 The Client may terminate his ETS account upon receipt by the Dealer of a written notice in the form being acceptable by the Dealer of its termination seven (7) Business Days prior to the effective date of the termination. 2.22 Unless otherwise specified, this Article 2 shall be without prejudice and in addition to all the other provisions in this agreement.