ELECTRONIC TRADING TERMS. 16.1. You will responsible for providing the System to enable you to use an Electronic Service. 16.2. You will be responsible for the installation and proper use of any virus detection/scanning program we require from time to time. 16.3. We may execute all Transaction upon you placing them with us on the terms received by us. 16.4. We shall have no liability for any losses which you suffer as a result of Transaction which you place or are placed on your behalf incorrectly or unintentionally or for Orders or instructions which are not received by us. Unless we are specifically notified of the contrary, we are entitled to assume that Orders which appear to be placed on your behalf are validly given by you, and all Transactions resulting from such orders shall be conclusively binding on you. Unless we expressly agree otherwise in writing, you have no right to cancel, amend or revoke any Transaction on the basis that it was not given by you or was given erroneously or accidently or on the basis of any incorrect understanding. 16.5. Without prejudice to the above, we have no obligation to accept any Order or to effect any Transaction and we may decline to accept or act upon any order or give effect to any Transaction without providing any reason. 16.6. When using an Electronic Trading Platform, you must: a) Ensure that the System is maintained in good order and is suitable for us with such Electronic Trading Platform b) Where we request, run such tests and provide such information to us as we shall reasonable consider necessary to establish that the System satisfies the requirements notified by us to you from time to time. c) Carry out virus checks on a regular basis. d) inform us immediately of any unauthorized access to an Electronic Trading Platform or any unauthorized Transaction or instruction which you know of or suspect and, if within your control, cause such unauthorized us to cease; and e) Not at any time leave the terminal from which you have accessed such Electronic Trading Platform or let anyone else use the terminal until you have logged off such Electronic Trading Platform. 16.7. In the event you become aware of a material defect, malfunction or virus in the System or in an Electronic Trading Platform, you shall immediately notify us of such defect, malfunction or virus and cease all use of such Electronic Trading Platform until you have received permission from us to resume use. 16.8. All rights in patents, copyrights, design rights, trademarks and any other intellectual property rights (whether registered or unregistered) relating to the Electronic Trading Platforms remain vested in us or our licensors. You will not copy, interfere with, tamper with, alter, amend or modify the Electronic Trading Platforms or their software elements, nor purport to do any of the same or permit any of the same to be done, except in so far as such acts are expressly permitted by law. Any copies of the Electronic Trading Platforms and their software elements made in accordance with applicable law are subject to the terms and conditions of this Agreement. You shall ensure that all the licensors trademarks and copyright and restricted rights notices are reproduced on these copies. You shall maintain an up to date written record of the number of copies of the Electronic Trading Platforms and their software elements made by you. If we so request, you shall as soon as reasonably practical, provide to us a statement of the number and whereabouts such copies. 16.9. We shall have no liability to you for damage which you may suffer as a result of transmission errors, technical faults, malfunctions, and illegal intervention in network equipment, network overloads, malicious blocking of access by third parties, internet malfunctions, interruptions or other deficiencies on the part of internet service providers. You acknowledge that access to Electronic Trading Platform may be limited or unavailable due to such system errors, and that we reserve the right upon notice to suspend access to Electronic Trading Platforms for this reason. 16.10. Neither we nor any third party software provider accepts any liability in respect of any delays, inaccuracies, errors or omissions in any data provided to us in connection with an Electronic Trading platform. 16.11. We do not accept any liability in respect of any delays, inaccuracies or errors in Prices quoted to you if these delays, inaccuracies or errors are caused by a third party services providers (such as price feed providers, liquidity providers, regulated stock exchanges, other execution venues) with which we may collaborate. Our obligations in this respect relate solely to selecting such providers with proper skill and care having regard to their competencies and credentials. 16.12. We shall not be obliged to execute any instruction /order which has been identified or we reasonable believe was based on errors caused by delays of the system to update Prices and do not reflect the real prices in the relevant underlying market. We do not accept any liability towards executed trades that have been based and have been the result of delays as described above. 16.13. We shall have no liability to you (whether in contract of in tor, including negligence) in the event that any viruses, worms, software bombs or similar items are introduced into the system via Electronic Trading Platform or on any software provided by is to you in order to enable you to use the Electronic Trading Platform, provided that we have taken reasonable steps to prevent any such matters. 16.14. You shall ensure that no computer viruses, malware or similar items are introduced into our computer system or network and will indemnify us on demand for any loss that we suffer arising as a result of any such introduction. 16.15. We shall not be liable for any loss, liability or cost whatsoever arising from any unauthorized use of the Electronic Trading Platforms. You shall on demand indemnify, protect and hold us harmless from and against all losses, liabilities, judgments, suits, actions, proceedings, claims, damages and costs resulting from or arising out of any act or omission by any person using an Electronic Trading Platforms by using your designated passwords or access codes whether or not you authorized such use. 16.16. We shall not be liable for any act taken by or on the instruction of an exchange, clearing house, execution venue or regulatory body. 16.17. We may suspend or permanently withdraw an Electronic Trading Platform, or change the composition, mode of operation, available or any trading limits by giving you 24 hours’ notice.
Appears in 5 contracts
Samples: Client Agreement, Client Agreement, Client Agreement
ELECTRONIC TRADING TERMS. 16.121.1. You will be responsible for providing the System to enable you to use an Electronic Service.
16.221.2. You will be responsible for the installation and proper use of any virus detection/scanning program we require from time to time.
16.321.3. We may execute all Transaction Transactions upon you placing them with us on the terms received by us.
16.421.4. We shall have no liability for any losses which you suffer as a result of Transaction Transactions which you place or are placed on your behalf incorrectly or unintentionally or for Orders or instructions which are not received by us. Unless we are specifically notified of the contrary, we are entitled to assume that Orders which appear to be placed on your behalf are validly given by you, and all Transactions resulting from such orders shall be conclusively binding on you. Unless we expressly agree otherwise in writing, you have no right to cancel, amend or revoke any Transaction on the basis that it was not given by you or was given erroneously or accidently accidentally or on the basis of any incorrect understanding.
16.521.5. Without prejudice to the above, we have no obligation to accept any Order or to effect any Transaction and we may decline to accept or act upon any order or give effect to any Transaction without providing any reason.
16.621.6. When using an Electronic Trading Platform, you must:
a) Ensure ensure that the System is maintained in good order and is suitable for us use with such Electronic Trading Platform;
b) Where where we request, run such tests and provide such information to us as we shall reasonable reasonably consider necessary to establish that the System satisfies the requirements notified by us to you from time to time.;
c) Carry carry out virus checks on a regular basis.;
d) inform us immediately of any unauthorized unauthorised access to an Electronic Trading Platform or any unauthorized unauthorised Transaction or instruction which you know of or suspect and, if within your control, cause such unauthorized us unauthorised use to cease; and
e) Not not at any time leave the terminal from which you have accessed such Electronic Trading Platform or let anyone else use the terminal until you have logged off such Electronic Trading Platform.
16.721.7. In the event you become aware of a material defect, malfunction or virus in the System or in an Electronic Trading Platform, you shall immediately notify us of such defect, malfunction or virus and cease all use of such Electronic Trading Platform until you have received permission from us to resume use.
16.821.8. All rights in patents, copyrights, design rights, trademarks trade marks and any other intellectual property rights (whether registered or unregistered) relating to the Electronic Trading Platforms remain vested in us or our licensors. You will not copy, interfere with, tamper with, alter, amend or modify the Electronic Trading Platforms or any part or parts thereof unless expressly permitted by us in writing, reverse compile or disassemble the Electronic Platforms or their software elements, nor purport to do any of the same or permit any of the same to be done, except in so far as such acts are expressly permitted by law. Any copies of the Electronic Trading Platforms and their software elements made in accordance with applicable law are subject to the terms and conditions of this Agreement. You shall ensure that all the licensors trademarks and copyright and restricted rights notices are reproduced on these copies. You shall maintain an up to up-to-date written record of the number of copies of the Electronic Trading Platforms and their software elements made by you. If we so request, you shall as soon as reasonably practical, provide to us a statement of the number and whereabouts such copies.
16.921.9. We shall have no liability to you for damage which you may suffer as a result of transmission errors, technical faults, malfunctions, and illegal intervention in network equipment, network overloads, malicious blocking of access by third parties, internet malfunctions, interruptions or other deficiencies on the part of internet service providers. You acknowledge that access to Electronic Trading Platform Platforms may be limited or unavailable due to such system errors, and that we reserve the right upon notice to suspend access to Electronic Trading Platforms for this reason.
16.1021.10. Neither we nor any third party software provider accepts any liability in respect of any delays, inaccuracies, errors or omissions in any data provided to us you in connection with an Electronic Trading platformPlatform.
16.1121.11. We do not accept any liability in respect of any delays, inaccuracies or errors in Prices quoted to you if these delays, inaccuracies or errors are caused by a third party services service providers (such as price feed providers, liquidity providers, regulated stock exchanges, other execution venues) with which we may collaborate. Our obligations in this respect relate solely to selecting such providers with proper skill and care having regard to their competencies and credentials.
16.1221.12. We shall not be obliged to execute any instruction /order / Order which has been identified or we reasonable reasonably believe was based on errors caused by delays of the system to update Prices and do not reflect the real prices in the relevant underlying market. We do not accept any liability towards executed trades that have been based and have been the result of delays as described above.
16.1321.13. We shall have no liability to you (whether in contract of in tortort, including negligence) in the event that any viruses, worms, software bombs or similar items are introduced into the system System via an Electronic Trading Platform or on any software provided by is us to you in order to enable you to use the Electronic Trading Platform, provided that we have taken reasonable steps to prevent any such matters.
16.1421.14. You shall ensure that no computer viruses, malware or similar items are introduced into our computer system or network and will indemnify us on demand for any loss that we suffer arising as a result of any such introduction.
16.1521.15. We shall not be liable for any loss, liability or cost whatsoever arising from any unauthorized use of the Electronic Trading Platforms. You shall on demand indemnify, protect and hold us harmless from and against all losses, liabilities, judgments, suits, actions, proceedings, claims, damages and costs resulting from or arising out of any act or omission by any person using an Electronic Trading Platforms by using your designated passwords or access codes whether or not you authorized such use.
16.1621.16. We shall not be liable for any act taken by or on the instruction of an exchange, clearing house, execution venue or regulatory body.
16.1721.17. We may suspend or permanently withdraw an Electronic Trading PlatformPlatforms, or change the composition, mode of operation, available availability or any trading limits limits, by giving you 24 hours’ hours written notice.
21.18. We have the right, unilaterally and with immediate effect, to suspend or withdraw permanently your
a) any licence granted to use which relates to the Electronic Trading Platforms; or
b) this Agreement.
21.19. In the event of a termination of the use of an Electronic Trading Platform for any reason, upon request by us, you shall, at our option, return to us or destroy all hardware, software and documentation we have provided you in connection with such Electronic Trading Platform and any copies thereof.
21.20. The provisions of this Clause 21 apply without prejudice to any other terms of this Agreement, relating to the limitation of liability and indemnities.
21.21. Use of robots, automated trading systems and generally algorithmic trading and high frequency algorithmic trading through our Electronic Trading Platforms (collectively “Algorithmic Trading”) is permitted only with our prior written consent.
21.22. In all cases where you have received our prior written consent to such Algorithmic Trading, such trading is subject to the following terms:
a) Simultaneous use of different trading devices is prohibited.
b) You are required to test software, equipment and devices prior to using them for the purposes of the trading activity. You are solely and fully responsible for any errors or failures or other consequences of any automated systems which you use.
c) Where we permit electronic communications through a customised interface, such communications will be subject to the terms and condition which apply to the use of such interface.
Appears in 5 contracts
Samples: Investment Services Agreement, Investment Services Agreement, Investment Services Agreement
ELECTRONIC TRADING TERMS. 16.1. You will responsible for providing the System to enable you to use an Electronic Service.
16.2. You will be responsible for the installation and proper use of any virus detection/scanning program we the Company may require from time to time.
16.3. We The Company may execute all Transaction Transactions upon you placing them with us on the terms received by us.
16.4. We The Company shall have no liability for any losses which you suffer as a result of Transaction Transactions which you place or are placed on your behalf incorrectly or unintentionally or for Orders or instructions which are not received by usthe Company. Unless we are the Company is specifically notified of the contrary, we are is entitled to assume that Orders which appear to be placed on your behalf are validly given by you, and all Transactions resulting from such orders shall be conclusively binding on you. Unless we the Company expressly agree otherwise in writing, you have no right to cancel, amend or revoke any Transaction on the basis that it was not given by you or was given erroneously or accidently accidentally or on the basis of any incorrect understanding.
16.5. Without prejudice to the above, we have no obligation to accept any Order or to effect any Transaction and we may decline to accept or act upon any order or give effect to any Transaction without providing any reason.
16.6. When using an Electronic Trading Platform, you must:
a) Ensure ensure that the System is maintained in good order and is suitable for us use with such Electronic Trading Platform;
b) Where we requestwhere is requested, run such tests and provide such information to us the Company as we it shall reasonable reasonably consider necessary to establish that the System satisfies the requirements notified by us the Company to you from time to time.;
c) Carry carry out virus checks on a regular basis.;
d) inform us the Company immediately of any unauthorized unauthorised access to an Electronic Trading Platform or any unauthorized unauthorised Transaction or instruction which you know of or suspect and, if within your control, cause such unauthorized us unauthorised use to cease; and
e) Not not at any time leave the terminal from which you have accessed such Electronic Trading Platform or let anyone else use the terminal until you have logged off such Electronic Trading Platform.
16.7. In the event you become aware of a material defect, malfunction or virus in the System or in an Electronic Trading Platform, you shall immediately notify us the Company of such defect, malfunction or virus and cease all use of such Electronic Trading Platform until you have received permission from us the Company to resume use.
16.8. All rights in patents, copyrights, design rights, trademarks trade marks and any other intellectual property rights (whether registered or unregistered) relating to the Electronic Trading Platforms remain vested in us or our licensors. You will not copy, interfere with, tamper with, alter, amend or modify the Electronic Trading Platforms or any part or parts thereof unless expressly permitted by us in writing, reverse compile or disassemble the Electronic Platforms or their software elements, nor purport to do any of the same or permit any of the same to be done, except in so far as such acts are expressly permitted by law. Any copies of the Electronic Trading Platforms and their software elements made in accordance with applicable law are subject to the terms and conditions of this Agreement. You shall ensure that all the licensors trademarks and copyright and restricted rights notices are reproduced on these copies. You shall maintain an up to up-to-date written record of the number of copies of the Electronic Trading Platforms and their software elements made by you. If we so request, you shall as soon as reasonably practical, provide to us a statement of the number and whereabouts such copies.
16.9. We shall have no liability to you for damage which you may suffer as a result of transmission errors, technical faults, malfunctions, and illegal intervention in network equipment, network overloads, malicious blocking of access by third parties, internet malfunctions, interruptions or other deficiencies on the part of internet service providers. You acknowledge that access to Electronic Trading Platform Platforms may be limited or unavailable due to such system errors, and that we reserve the right upon notice to suspend access to Electronic Trading Platforms for this reason.
16.10. Neither we nor any third party software provider accepts any liability in respect of any delays, inaccuracies, errors or omissions in any data provided to us in connection with an Electronic Trading platform.
16.11. We do not accept any liability in respect of any delays, inaccuracies or errors in Prices quoted to you if these delays, inaccuracies or errors are caused by a third party services providers (such as price feed providers, liquidity providers, regulated stock exchanges, other execution venues) with which we may collaborate. Our obligations in this respect relate solely to selecting such providers with proper skill and care having regard to their competencies and credentials.
16.12. We shall not be obliged to execute any instruction /order which has been identified or we reasonable believe was based on errors caused by delays of the system to update Prices and do not reflect the real prices in the relevant underlying market. We do not accept any liability towards executed trades that have been based and have been the result of delays as described above.
16.13. We shall have no liability to you (whether in contract of in tortort, including negligence) in the event that any viruses, worms, software bombs or similar items are introduced into the system System via an Electronic Trading Platform or on any software provided by is us to you in order to enable you to use the Electronic Trading Platform, provided that we have taken reasonable steps to prevent any such matters.
16.14. You shall ensure that no computer viruses, malware or similar items are introduced into our computer system or network and will indemnify us on demand for any loss that we suffer arising as a result of any such introduction.
16.15. We shall not be liable for any loss, liability or cost whatsoever arising from any unauthorized use of the Electronic Trading Platforms. You shall on demand indemnify, protect and hold us harmless from and against all losses, liabilities, judgments, suits, actions, proceedings, claims, damages and costs resulting from or arising out of any act or omission by any person using an Electronic Trading Platforms by using your designated passwords or access codes whether or not you authorized such use.
16.16. We shall not be liable for any act taken by or on the instruction of an exchange, clearing house, execution venue or regulatory body.
16.17. We may suspend or permanently withdraw an Electronic Trading PlatformPlatforms, or change the composition, mode of operation, available availability or any trading limits limits, by giving you 24 hours’ hours written notice. We have the right, unilaterally and with immediate effect, to suspend or withdraw permanently your ability to use any Electronic Trading Platforms, or any part thereof, without notice, where we consider it necessary or advisable to do so, for example due to your non-compliance with the Applicable Laws and Regulations, breach of any provisions of this Agreement, on the occurrence of an Event of Default, network problems, failure of power supply, for maintenance, or to protect you when there has been a breach of security. Use of robots, automated trading systems and generally algorithmic trading and high frequency algorithmic trading through our Electronic Trading Platforms (collectively “Algorithmic Trading”) is permitted only with our prior written consent. In all cases where you have received our prior written consent to such Algorithmic Trading, such trading is subject to the following terms: Simultaneous use of different trading devices is prohibited. Where we permit electronic communications through a customised interface, such communications will be subject to the terms and condition which apply to the use of such interface.
Appears in 4 contracts
Samples: Client Agreement, Client Agreement, Client Agreement
ELECTRONIC TRADING TERMS. 16.1. You will responsible for providing the System to enable you to use an Electronic Service.
16.2. You will be responsible for the installation and proper use of any virus detection/scanning program we the Company may require from time to time.
16.3. We The Company may execute all Transaction Transactions upon you placing them with us on the terms received by us.
16.4. We The Company shall have no liability for any losses which you suffer as a result of Transaction Transactions which you place or are placed on your behalf incorrectly or unintentionally or for Orders or instructions which are not received by usthe Company. Unless we are the Company is specifically notified of the contrary, we are is entitled to assume that Orders which appear to be placed on your behalf are validly given by you, and all Transactions resulting from such orders shall be conclusively binding on you. Unless we the Company expressly agree otherwise in writing, you have no right to cancel, amend or revoke any Transaction on the basis that it was not given by you or was given erroneously or accidently accidentally or on the basis of any incorrect understanding.
16.5. Without prejudice to the above, we have no obligation to accept any Order or to effect any Transaction and we may decline to accept or act upon any order or give effect to any Transaction without providing any reason.
16.6. When using an Electronic Trading Platform, you must:
a) Ensure ensure that the System is maintained in good order and is suitable for us use with such Electronic Trading Platform;
b) Where we requestwhere is requested, run such tests and provide such information to us the Company as we it shall reasonable reasonably consider necessary to establish that the System satisfies the requirements notified by us the Company to you from time to time.;
c) Carry carry out virus checks on a regular basis.;
d) inform us the Company immediately of any unauthorized unauthorised access to an Electronic Trading Platform or any unauthorized unauthorised Transaction or instruction which you know of or suspect and, if within your control, cause such unauthorized us unauthorised use to cease; and
e) Not not at any time leave the terminal from which you have accessed such Electronic Trading Platform or let anyone else use the terminal until you have logged off such Electronic Trading Platform.
16.7. In the event you become aware of a material defect, malfunction or virus in the System or in an Electronic Trading Platform, you shall immediately notify us the Company of such defect, malfunction or virus and cease all use of such Electronic Trading Platform until you have received permission from us the Company to resume use.
16.8. All rights in patents, copyrights, design rights, trademarks and any other intellectual property rights (whether registered or unregistered) relating to the Electronic Trading Platforms remain vested in us or our licensors. You will not copy, interfere with, tamper with, alter, amend or modify the Electronic Trading Platforms or any part or parts thereof unless expressly permitted by us in writing, reverse compile or disassemble the Electronic Platforms or their software elements, nor purport to do any of the same or permit any of the same to be done, except in so far as such acts are expressly permitted by law. Any copies of the Electronic Trading Platforms and their software elements made in accordance with applicable law are subject to the terms and conditions of this Agreement. You shall ensure that all the licensors trademarks and copyright and restricted rights notices are reproduced on these copies. You shall maintain an up to up-to-date written record of the number of copies of the Electronic Trading Platforms and their software elements made by you. If we so request, you shall as soon as reasonably practical, provide to us a statement of the number and whereabouts such copies.
16.9. We shall have no liability to you for damage which you may suffer as a result of transmission errors, technical faults, malfunctions, and illegal intervention in network equipment, network overloads, malicious blocking of access by third parties, internet malfunctions, interruptions or other deficiencies on the part of internet service providers. You acknowledge that access to Electronic Trading Platform Platforms may be limited or unavailable due to such system errors, and that we reserve the right upon notice to suspend access to Electronic Trading Platforms for this reason.
16.10. Neither we nor any third party software provider accepts any liability in respect of any delays, inaccuracies, errors or omissions in any data provided to us in connection with an Electronic Trading platform.
16.11. We do not accept any liability in respect of any delays, inaccuracies or errors in Prices quoted to you if these delays, inaccuracies or errors are caused by a third party services providers (such as price feed providers, liquidity providers, regulated stock exchanges, other execution venues) with which we may collaborate. Our obligations in this respect relate solely to selecting such providers with proper skill and care having regard to their competencies and credentials.
16.12. We shall not be obliged to execute any instruction /order which has been identified or we reasonable believe was based on errors caused by delays of the system to update Prices and do not reflect the real prices in the relevant underlying market. We do not accept any liability towards executed trades that have been based and have been the result of delays as described above.
16.13. We shall have no liability to you (whether in contract of in tortort, including negligence) in the event that any viruses, worms, software bombs or similar items are introduced into the system System via an Electronic Trading Platform or on any software provided by is us to you in order to enable you to use the Electronic Trading Platform, provided that we have taken reasonable steps to prevent any such matters.
16.14. You shall ensure that no computer viruses, malware or similar items are introduced into our computer system or network and will indemnify us on demand for any loss that we suffer arising as a result of any such introduction.
16.15. We shall not be liable for any loss, liability or cost whatsoever arising from any unauthorized use of the Electronic Trading Platforms. You shall on demand indemnify, protect and hold us harmless from and against all losses, liabilities, judgments, suits, actions, proceedings, claims, damages and costs resulting from or arising out of any act or omission by any person using an Electronic Trading Platforms by using your designated passwords or access codes whether or not you authorized such use.
16.16. We shall not be liable for any act taken by or on the instruction of an exchange, clearing house, execution venue or regulatory body.
16.17. We may suspend or permanently withdraw an Electronic Trading PlatformPlatforms, or change the composition, mode of operation, available availability or any trading limits limits, by giving you 24 hours’ hours written notice. We have the right, unilaterally and with immediate effect, to suspend or withdraw permanently your ability to use any Electronic Trading Platforms, or any part thereof, without notice, where we consider it necessary or advisable to do so, for example due to your non-compliance with the Applicable Laws and Regulations, breach of any provisions of this Agreement, on the occurrence of an Event of Default, network problems, failure of power supply, for maintenance, or to protect you when there has been a breach of security. Use of robots, automated trading systems and generally algorithmic trading and high frequency algorithmic trading through our Electronic Trading Platforms (collectively “Algorithmic Trading”) is permitted only with our prior written consent. In all cases where you have received our prior written consent to such Algorithmic Trading, such trading is subject to the following terms: Simultaneous use of different trading devices is prohibited. Where we permit electronic communications through a customised interface, such communications will be subject to the terms and condition which apply to the use of such interface.
Appears in 3 contracts
Samples: Client Agreement, Client Agreement, Client Agreement
ELECTRONIC TRADING TERMS. 16.122.1. You will be responsible for providing the System to enable you to use an Electronic Service.
16.222.2. You will be responsible for the installation and proper use of any virus detection/scanning program we require from time to time.
16.322.3. We may execute all Transaction Transactions upon you placing them with us on the terms received by us.
16.422.4. We shall have no liability for any losses which you suffer as a result of Transaction Transactions which you place or are placed on your behalf incorrectly or unintentionally or for Orders or instructions which are not received by us. Unless we are specifically notified of the contrary, we are entitled to assume that Orders which appear to be placed on your behalf are validly given by you, and all Transactions resulting from such orders shall be conclusively binding on you. Unless we expressly agree otherwise in writing, you have no right to cancel, amend or revoke any Transaction on the basis that it was not given by you or was given erroneously or accidently accidentally or on the basis of any incorrect understanding.
16.522.5. Without prejudice to the above, we have no obligation to accept any Order or to effect any Transaction and we may decline to accept or act upon any order or give effect to any Transaction without providing any reason.
16.622.6. When using an Electronic Trading Platform, you must:
a) Ensure ensure that the System is maintained in good order and is suitable for us use with such Electronic Trading Platform;
b) Where where we request, run such tests and provide such information to us as we shall reasonable reasonably consider necessary to establish that the System satisfies the requirements notified by us to you from time to time.;
c) Carry carry out virus checks on a regular basis.;
d) inform us immediately of any unauthorized unauthorised access to an Electronic Trading Platform or any unauthorized unauthorised Transaction or instruction which you know of or suspect and, if within your control, cause such unauthorized us unauthorised use to cease; and
e) Not not at any time leave the terminal from which you have accessed such Electronic Trading Platform or let anyone else use the terminal until you have logged off such Electronic Trading Platform.
16.722.7. In the event you become aware of a material defect, malfunction or virus in the System or in an Electronic Trading Platform, you shall immediately notify us of such defect, malfunction or virus and cease all use of such Electronic Trading Platform until you have received permission from us to resume use.
16.822.8. All rights in patents, copyrights, design rights, trademarks trade marks and any other intellectual property rights (whether registered or unregistered) relating to the Electronic Trading Platforms remain vested in us or our licensors. You will not copy, interfere with, tamper with, alter, amend or modify the Electronic Trading Platforms or any part or parts thereof unless expressly permitted by us in writing, reverse compile or disassemble the Electronic Platforms or their software elements, nor purport to do any of the same or permit any of the same to be done, except in so far as such acts are expressly permitted by law. Any copies of the Electronic Trading Platforms and their software elements made in accordance with applicable law are subject to the terms and conditions of this Agreement. You shall ensure that all the licensors trademarks and copyright and restricted rights notices are reproduced on these copies. You shall maintain an up to up-to-date written record of the number of copies of the Electronic Trading Platforms and their software elements made by you. If we so request, you shall as soon as reasonably practical, provide to us a statement of the number and whereabouts such copies.
16.922.9. We shall have no liability to you for damage which you may suffer as a result of transmission errors, technical faults, malfunctions, and illegal intervention in network equipment, network overloads, malicious blocking of access by third parties, internet malfunctions, interruptions or other deficiencies on the part of internet service providers. You acknowledge that access to Electronic Trading Platform Platforms may be limited or unavailable due to such system errors, and that we reserve the right upon notice to suspend access to Electronic Trading Platforms for this reason.
16.1022.10. Neither we nor any third party software provider accepts any liability in respect of any delays, inaccuracies, errors or omissions in any data provided to us you in connection with an Electronic Trading platformPlatform.
16.1122.11. We do not accept any liability in respect of any delays, inaccuracies or errors in Prices quoted to you if these delays, inaccuracies or errors are caused by a third party services service providers (such as price feed providers, liquidity providers, regulated stock exchanges, other execution venues) with which we may collaborate. Our obligations in this respect relate solely to selecting such providers with proper skill and care having regard to their competencies and credentials.
16.1222.12. We shall not be obliged to execute any instruction /order / Order which has been identified or we reasonable reasonably believe was based on errors caused by delays of the system to update Prices and do not reflect the real prices in the relevant underlying market. We do not accept any liability towards executed trades that have been based and have been the result of delays as described above.
16.1322.13. We shall have no liability to you (whether in contract of in tortort, including negligence) in the event that any viruses, worms, software bombs or similar items are introduced into the system System via an Electronic Trading Platform or on any software provided by is us to you in order to enable you to use the Electronic Trading Platform, provided that we have taken reasonable steps to prevent any such matters.
16.1422.14. You shall ensure that no computer viruses, malware or similar items are introduced into our computer system or network and will indemnify us on demand for any loss that we suffer arising as a result of any such introduction.
16.1522.15. We shall not be liable for any loss, liability or cost whatsoever arising from any unauthorized use of the Electronic Trading Platforms. You shall on demand indemnify, protect and hold us harmless from and against all losses, liabilities, judgments, suits, actions, proceedings, claims, damages and costs resulting from or arising out of any act or omission by any person using an Electronic Trading Platforms by using your designated passwords or access codes whether or not you authorized such use.such
16.1622.16. We shall not be liable for any act taken by or on the instruction of an exchange, clearing house, execution venue or regulatory body.
16.1722.17. We may suspend or permanently withdraw an Electronic Trading PlatformPlatforms, or change the composition, mode of operation, available availability or any trading limits limits, by giving you 24 hours’ hours written notice.
22.18. We have the right, unilaterally and with immediate effect, to suspend or withdraw permanently your ability to use any Electronic Trading Platforms, or any part thereof, without notice, where we consider it necessary or advisable to do so, for example due to your non-compliance with the Applicable Laws and Regulations, breach of any provisions of this Agreement, on the occurrence of an Event of Default, network problems, failure of power supply, for maintenance, or to protect you when there has been a breach of security. In addition, the use of an Electronic Trading Platform may be terminated automatically, upon the termination (for whatever reason) of:
a) any licence granted to use which relates to the Electronic Trading Platforms; or
b) this Agreement.
22.19. In the event of a termination of the use of an Electronic Trading Platform for any reason, upon request by us, you shall, at our option, return to us or destroy all hardware, software and documentation we have provided you in connection with such Electronic Trading Platform and any copies thereof.
22.20. The provisions of this Clause 22 apply without prejudice to any other terms of this Agreement, relating to the limitation of liability and indemnities.
22.21. Use of robots, automated trading systems and generally algorithmic trading and high frequency algorithmic trading through our Electronic Trading Platforms (collectively “Algorithmic Trading”) is permitted only with our prior written consent.
22.22. In all cases where you have received our prior written consent to such Algorithmic Trading, such trading is subject to the following terms:
a) Simultaneous use of different trading devices is prohibited.
b) You are required to test software, equipment and devices prior to using them for the purposes of the trading activity. You are solely and fully responsible for any errors or failures or other consequences of any automated systems which you use.
c) Where we permit electronic communications through a customised interface, such communications will be subject to the terms and condition which apply to the use of such interface.
Appears in 3 contracts
Samples: Investment Services Agreement, Investment Services Agreement, Investment Services Agreement
ELECTRONIC TRADING TERMS. 16.115.1. You will be responsible for providing the System to enable you to use an Electronic Service.
16.215.2. You will be responsible for the installation and proper use of any virus detection/scanning program we may require from time to time.
16.315.3. We may execute all Transaction Transactions upon you placing them with us and on the terms received by us.
16.415.4. We shall have no liability for for: (i) any losses which you suffer as because of a result of Transaction which you place placed, or are was placed on your behalf behalf, incorrectly or unintentionally unintentionally; or for (ii) Orders or instructions which are not received by us. Unless we are specifically notified of the contrary, we are entitled to assume that Orders which appear to be placed on your behalf are were validly given by you, and all Transactions resulting from such orders Orders shall be conclusively binding on you. Unless we expressly agree otherwise in writing, you have no right to cancel, amend or revoke any Transaction on the basis that it was not given by you you, or was given erroneously or accidently accidently, or was based on the basis of any incorrect understanding.
16.515.5. Without prejudice to the above, we have no obligation to accept any Order or to effect any Transaction and we may decline to accept or act upon any order Order or give effect to any Transaction without providing any reason.
16.615.6. When using an Electronic Trading Platform, you must:
a) Ensure ensure that the System is maintained in good order and is suitable for us with such Electronic Trading Platform;
b) Where where we request, run such tests and provide such information to us as we shall reasonable consider necessary to establish that the System satisfies the requirements notified by us to you from time to time.;
c) Carry carry out virus checks on a regular basis.;
d) inform us immediately of any unauthorized access to an Electronic Trading Platform or any unauthorized Transaction or instruction which you know of or suspect and, if within your control, cause such unauthorized us to cease; and
e) Not not at any time leave the terminal from which you have accessed such Electronic Trading Platform or let anyone else use the terminal until you have logged off such Electronic Trading Platform.
16.715.7. In the event you become aware of a material defect, malfunction or virus in the System or in an Electronic Trading Platform, you shall immediately notify us of such defect, malfunction or virus and cease all use of such Electronic Trading Platform until you have received permission from us to resume use.
16.815.8. All rights in patents, copyrights, design rights, trademarks and any other intellectual property rights (whether registered or unregistered) relating to the Electronic Trading Platforms remain vested in us or our licensors. You will not copy, interfere with, tamper with, alter, amend or modify the Electronic Trading Platforms or their software elements, nor purport to do any of the same or permit any of the same to be done, except in so far as such acts are expressly permitted by law. Any copies of the Electronic Trading Platforms and their software elements made in accordance with applicable law are subject to the terms and conditions of this Agreement. You shall ensure that all the licensors licensors’ trademarks and copyright and restricted rights notices are reproduced on these copies. You shall maintain an up to up-to-date written record of the number of copies of the Electronic Trading Platforms and their software elements made by you. If we so request, you shall as soon as reasonably practical, provide to us a statement of the number and whereabouts such copies.
16.915.9. We shall have no liability to you for damage which you may suffer as a result of transmission errors, technical faults, malfunctions, and illegal intervention in network equipment, network overloads, malicious blocking of access by third parties, internet malfunctions, interruptions or other deficiencies on the part of internet service providers. You acknowledge that access to Electronic Trading Platform may be limited or unavailable due to such system errors, and that we reserve the right upon notice to suspend access to Electronic Trading Platforms for this reason.
16.1015.10. Neither we nor any third third-party software provider accepts any liability in respect of any delays, inaccuracies, errors or omissions in any data provided to us in connection with an Electronic Trading platform.
16.1115.11. We do not accept any liability in respect of any delays, inaccuracies or errors in Prices quoted to you if these delays, inaccuracies or errors are caused by a third third-party services providers (such as price feed providers, the Liquidity Provider, other liquidity providers, regulated stock exchanges, or other execution venues) with which we may collaborate. Our obligations in this respect relate solely to selecting such providers with proper skill and care having regard to their competencies and credentials.
16.1215.12. We shall not be obliged to execute any instruction /order instruction/Order which has been identified or we reasonable reasonably believe was based on errors caused by delays of the system to update Prices and do not reflect the real prices in the relevant underlying market. We do not accept any liability towards executed trades that have been based and have been the result of delays as described above.
16.1315.13. We shall have no liability to you (whether in contract of contract; or in tortort, including but not limited to negligence; or otherwise) in the event that any viruses, worms, software bombs or similar items are introduced into the system via Electronic Trading Platform or on any software provided by is us to you in order to enable you to use the Electronic Trading Platform, provided that we have taken reasonable steps to prevent any such matters.
16.1415.14. You shall ensure that no computer viruses, malware or similar items are introduced into our computer system or network and will indemnify us on demand for any loss that we suffer arising as a result of any such introduction.
16.1515.15. We shall not be liable for any loss, liability or cost whatsoever arising from any unauthorized use of the Electronic Trading Platforms. You shall on demand indemnify, protect and hold us harmless from and against all losses, liabilities, judgments, suits, actions, proceedings, claims, damages and costs resulting from or arising out of any act or omission by any person using an Electronic Trading Platforms by using your designated passwords or access codes codes, whether or not you authorized such use.
16.16. We shall not be liable for any act taken by or on the instruction of an exchange, clearing house, execution venue or regulatory body.
16.17. We may suspend or permanently withdraw an Electronic Trading Platform, or change the composition, mode of operation, available or any trading limits by giving you 24 hours’ notice.
Appears in 2 contracts
Samples: Client Agreement, Client Agreement
ELECTRONIC TRADING TERMS. 16.118.1. You will responsible for providing the System to enable you to use an Electronic Service.
16.218.2. You will be responsible for the installation and proper use of any virus detection/scanning program we require from time to time.
16.318.3. We may execute all Transaction upon you placing them with us on the terms received by us.
16.418.4. We shall have no liability for any losses which you suffer as a result of Transaction which you place or are placed on your behalf incorrectly or unintentionally or for Orders or instructions which are not received by us. Unless we are specifically notified of the contrary, we are entitled to assume that Orders which appear to be placed on your behalf are validly given by you, and all Transactions resulting from such orders shall be conclusively binding on you. Unless we expressly agree otherwise in writing, you have no right to cancel, amend or revoke any Transaction on the basis that it was not given by you or was given erroneously or accidently or on the basis of any incorrect understanding.
16.518.5. Without prejudice to the above, we have no obligation to accept any Order or to effect any Transaction and we may decline to accept or act upon any order or give effect to any Transaction without providing any reason.
16.618.6. When using an Electronic Trading Platform, you must:
a) Ensure that the System Stem is maintained in good order and is suitable for us with such Electronic Trading Platform
b) Where we request, run such tests and provide such information to us as we shall reasonable consider necessary to establish that the System satisfies the requirements notified by us to you from time to time.
c) Carry out virus checks on a regular basis.
d) inform us immediately of any unauthorized access to an Electronic Trading Platform or any unauthorized Transaction or instruction which you know of or suspect and, if within your control, cause such unauthorized us to cease; and
e) Not at any time leave the terminal from which you have accessed such Electronic Trading Platform or let anyone else use the terminal until you have logged off such Electronic Trading Platform.
16.718.7. In the event you become aware of a material defect, malfunction or virus in the System or in an Electronic Trading Platform, you shall immediately notify us of such defect, malfunction or virus and cease all use of such Electronic Trading Platform until you have received permission from us to resume use.
16.818.8. All rights in patents, copyrights, design rights, trademarks and any other intellectual property rights (whether registered or unregistered) relating to the Electronic Trading Platforms remain vested in us or our licensors. You will not copy, interfere with, tamper with, alter, amend or modify the Electronic Trading Platforms or their software elements, nor purport to do any of the same or permit any of the same to be done, except in so far as such acts are expressly permitted by law. Any copies of the Electronic Trading Platforms and their software elements made in accordance with applicable law are subject to the terms and conditions of this Agreement. You shall ensure that all the licensors trademarks and copyright and restricted rights notices are reproduced on these copies. You shall maintain an up to date written record of the number of copies of the Electronic Trading Platforms and their software elements made by you. If we so request, you shall as soon as reasonably practical, provide to us a statement of the number and whereabouts such copies.
16.918.9. We shall have no liability to you for damage which you may suffer as a result of transmission errors, technical faults, malfunctions, and illegal intervention in network equipment, network overloads, malicious blocking of access by third parties, internet malfunctions, interruptions or other deficiencies on the part of internet service providers. You acknowledge that access to Electronic Trading Platform may be limited or unavailable due to such system errors, and that we reserve the right upon notice to suspend access to Electronic Trading Platforms for this reason.
16.1018.10. Neither we nor any third party software provider accepts any liability in respect of any delays, inaccuracies, errors or omissions in any data provided to us in connection with an Electronic Trading platform.
16.11platform 18.11. We do not accept any liability in respect of any delays, inaccuracies or errors in Prices quoted to you if these delays, inaccuracies or errors are caused by a third party services providers (such as price feed providers, liquidity providers, regulated stock exchanges, other execution venues) with which we may collaborate. Our obligations in this respect relate solely to selecting such providers with proper skill and care having regard to their competencies and credentials.
16.12. We shall not be obliged to execute any instruction /order which has been identified or we reasonable believe was based on errors caused by delays of the system to update Prices and do not reflect the real prices in the relevant underlying market. We do not accept any liability towards executed trades that have been based and have been the result of delays as described above.
16.13. We shall have no liability to you (whether in contract of in tor, including negligence) in the event that any viruses, worms, software bombs or similar items are introduced into the system via Electronic Trading Platform or on any software provided by is to you in order to enable you to use the Electronic Trading Platform, provided that we have taken reasonable steps to prevent any such matters.
16.14. You shall ensure that no computer viruses, malware or similar items are introduced into our computer system or network and will indemnify us on demand for any loss that we suffer arising as a result of any such introduction.
16.15. We shall not be liable for any loss, liability or cost whatsoever arising from any unauthorized use of the Electronic Trading Platforms. You shall on demand indemnify, protect and hold us harmless from and against all losses, liabilities, judgments, suits, actions, proceedings, claims, damages and costs resulting from or arising out of any act or omission by any person using an Electronic Trading Platforms by using your designated passwords or access codes whether or not you authorized such use.
16.16. We shall not be liable for any act taken by or on the instruction of an exchange, clearing house, execution venue or regulatory body.
16.17. We may suspend or permanently withdraw an Electronic Trading Platform, or change the composition, mode of operation, available or any trading limits by giving you 24 hours’ notice.
Appears in 1 contract
Samples: Terms and Conditions
ELECTRONIC TRADING TERMS. 16.1. You will responsible for providing the System to enable you to use an Electronic Service.
16.2. You will be responsible for the installation and proper use of any virus detection/scanning program we the Company may require from time to time.
16.3. We The Company may execute all Transaction Transactions upon you placing them with us on the terms received by us.
16.4. We The Company shall have no liability for any losses which you suffer as a result of Transaction Transactions which you place or are placed on your behalf incorrectly or unintentionally or for Orders or instructions which are not received by usthe Company. Unless we are the Company is specifically notified of the contrary, we are is entitled to assume that Orders which appear to be placed on your behalf are validly given by you, and all Transactions resulting from such orders shall be conclusively binding on you. Unless we the Company expressly agree otherwise in writing, you have no right to cancel, amend or revoke any Transaction on the basis that it was not given by you or was given erroneously or accidently accidentally or on the basis of any incorrect understanding.
16.5. Without prejudice to the above, we have no obligation to accept any Order or to effect any Transaction and we may decline to accept or act upon any order or give effect to any Transaction without providing any reason.
16.6. When using an Electronic Trading Platform, you must:
a) Ensure ensure that the System is maintained in good order and is suitable for us use with such Electronic Trading Platform;
b) Where we requestwhere is requested, run such tests and provide such information to us the Company as we it shall reasonable reasonably consider necessary to establish that the System satisfies the requirements notified by us the Company to you from time to time.;
c) Carry carry out virus checks on a regular basis.;
d) inform us the Company immediately of any unauthorized unauthorised access to an Electronic Trading Platform or any unauthorized unauthorised Transaction or instruction which you know of or suspect and, if within your control, cause such unauthorized us unauthorised use to cease; and
e) Not not at any time leave the terminal from which you have accessed such Electronic Trading Platform or let anyone else use the terminal until you have logged off such Electronic Trading Platform.
16.7. In the event you become aware of a material defect, malfunction or virus in the System or in an Electronic Trading Platform, you shall immediately notify us the Company of such defect, malfunction or virus and cease all use of such Electronic Trading Platform until you have received permission from us the Company to resume use.
16.8. All rights in patents, copyrights, design rights, trademarks and any other intellectual property rights (whether registered or unregistered) relating to the Electronic Trading Platforms remain vested in us or our licensors. You will not copy, interfere with, tamper with, alter, amend or modify the Electronic Trading Platforms or any part or parts thereof unless expressly permitted by us in writing, reverse compile or disassemble the Electronic Platforms or their software elements, nor purport to do any of the same or permit any of the same to be done, except in so far as such acts are expressly permitted by law. Any copies of the Electronic Trading Platforms and their software elements made in accordance with applicable law are subject to the terms and conditions of this Agreement. You shall ensure that all the licensors trademarks and copyright and restricted rights notices are reproduced on these copies. You shall maintain an up to up-to-date written record of the number of copies of the Electronic Trading Platforms and their software elements made by you. If we so request, you shall as soon as reasonably practical, provide to us a statement of the number and whereabouts such copies.
16.9. We shall have no liability to you for damage which you may suffer as a result of transmission errors, technical faults, malfunctions, and illegal intervention in network equipment, network overloads, malicious blocking of access by third parties, internet malfunctions, interruptions or other deficiencies on the part of internet service providers. You acknowledge that access to Electronic Trading Platform Platforms may be limited or unavailable due to such system errors, and that we reserve the right upon notice to suspend access to Electronic Trading Platforms for this reason.
16.10. Neither we nor any third party software provider accepts any liability in respect of any delays, inaccuracies, errors or omissions in any data provided to us in connection with an Electronic Trading platform.
16.11. We do not accept any liability in respect of any delays, inaccuracies or errors in Prices quoted to you if these delays, inaccuracies or errors are caused by a third party services providers (such as price feed providers, liquidity providers, regulated stock exchanges, other execution venues) with which we may collaborate. Our obligations in this respect relate solely to selecting such providers with proper skill and care having regard to their competencies and credentials.
16.12. We shall not be obliged to execute any instruction /order which has been identified or we reasonable believe was based on errors caused by delays of the system to update Prices and do not reflect the real prices in the relevant underlying market. We do not accept any liability towards executed trades that have been based and have been the result of delays as described above.
16.13. We shall have no liability to you (whether in contract of in tortort, including negligence) in the event that any viruses, worms, software bombs or similar items are introduced into the system System via an Electronic Trading Platform or on any software provided by is us to you in order to enable you to use the Electronic Trading Platform, provided that we have taken reasonable steps to prevent any such matters.
16.14. You shall ensure that no computer viruses, malware or similar items are introduced into our computer system or network and will indemnify us on demand for any loss that we suffer arising as a result of any such introduction.
16.15. We shall not be liable for any loss, liability or cost whatsoever arising from any unauthorized use of the Electronic Trading Platforms. You shall on demand indemnify, protect and hold us harmless from and against all losses, liabilities, judgments, suits, actions, proceedings, claims, damages and costs resulting from or arising out of any act or omission by any person using an Electronic Trading Platforms by Platformsby using your designated passwords or access codes whether or not you authorized such use.
16.16. We shall not be liable for any forany act taken by takenby or on the instruction of an exchange, clearing house, execution venue or regulatory body.
16.17. We may suspend or permanently withdraw an Electronic Trading PlatformPlatforms, or change the composition, mode of operation, available availability or any trading limits limits, by giving you 24 hours’ hours written notice. We have the right, unilaterally and with immediate effect, to suspend or withdraw permanently your ability to use any Electronic Trading Platforms, or any part thereof, without notice, where we consider it necessary or advisable to do so, for example due to your non-compliance with the Applicable Laws and Regulations, breach of any provisions of this Agreement, on the occurrence of an Event of Default, network problems, failure of power supply, for maintenance, or to protect you when there has been a breach of security. Use of robots, automated trading systems and generally algorithmic trading and high frequency algorithmic trading through our Electronic Trading Platforms (collectively “Algorithmic Trading”) is permitted only with our prior written consent. In all cases where you have received our prior written consent to such Algorithmic Trading, such trading is subject to the following terms: Simultaneous use of different trading devices is prohibited. Where we permit electronic communications through a customised interface, such communications will be subject to the terms and condition which apply to the use of such interface.
Appears in 1 contract
Samples: Client Agreement
ELECTRONIC TRADING TERMS. 16.1. You will responsible for providing the System to enable you to use an Electronic Service.
16.2. You will be responsible for the installation and proper use of any virus detection/scanning program we the Company may require from time to time.
16.3. We The Company may execute all Transaction Transactions upon you placing them with us on the terms received by us.
16.4. We The Company shall have no liability for any losses which you suffer as a result of Transaction Transactions which you place or are placed on your behalf incorrectly or unintentionally or for Orders or instructions which are not received by usthe Company. Unless we are the Company is specifically notified of the contrary, we are is entitled to assume that Orders which appear to be placed on your behalf are validly given by you, and all Transactions resulting from such orders shall be conclusively binding on you. Unless we the Company expressly agree otherwise in writing, you have no right to cancel, amend or revoke any Transaction on the basis that it was not given by you or was given erroneously or accidently accidentally or on the basis of any incorrect understanding.
16.5. Without prejudice to the above, we have no obligation to accept any Order or to effect any Transaction and we may decline to accept or act upon any order or give effect to any Transaction without providing any reason.
16.6. When using an Electronic Trading Platform, you must:
a) Ensure ensure that the System is maintained in good order and is suitable for us use with such Electronic Trading Platform;
b) Where we requestwhere is requested, run such tests and provide such information to us the Company as we it shall reasonable reasonably consider necessary to establish that the System satisfies the requirements notified by us the Company to you from time to time.;
c) Carry carry out virus checks on a regular basis.;
d) inform us the Company immediately of any unauthorized unauthorised access to an Electronic Trading Platform or any unauthorized unauthorised Transaction or instruction which you know of or suspect and, if within your control, cause such unauthorized us unauthorised use to cease; and
e) Not not at any time leave the terminal from which you have accessed such Electronic Trading Platform or let anyone else use the terminal until you have logged off such Electronic Trading Platform.
16.7. In the event you become aware of a material defect, malfunction or virus in the System or in an Electronic Trading Platform, you shall immediately notify us the Company of such defect, malfunction or virus and cease all use of such Electronic Trading Platform until you have received permission from us the Company to resume use.
16.8. All rights in patents, copyrights, design rights, trademarks and any other intellectual property rights (whether registered or unregistered) relating to the Electronic Trading Platforms remain vested in us or our licensors. You will not copy, interfere with, tamper with, alter, amend or modify the Electronic Trading Platforms or any part or parts thereof unless expressly permitted by us in writing, reverse compile or disassemble the Electronic Platforms or their software elements, nor purport to do any of the same or permit any of the same to be done, except in so far as such acts are expressly permitted by law. Any copies of the Electronic Trading Platforms and their software elements made in accordance with applicable law are subject to the terms and conditions of this Agreement. You shall ensure that all the licensors trademarks and copyright and restricted rights notices are reproduced on these copies. You shall maintain an up to up-to-date written record of the number of copies of the Electronic Trading Platforms and their software elements made by you. If we so request, you shall as soon as reasonably practical, provide to us a statement of the number and whereabouts such copies.
16.9. We shall have no liability to you for damage which you may suffer as a result of transmission errors, technical faults, malfunctions, and illegal intervention in network equipment, network overloads, malicious blocking of access by third parties, internet malfunctions, interruptions or other deficiencies on the part of internet service providers. You acknowledge that access to Electronic Trading Platform Platforms may be limited or unavailable due to such system errors, and that we reserve the right upon notice to suspend access to Electronic Trading Platforms for this reason.
16.10. Neither we nor any third party software provider accepts any liability in respect of any delays, inaccuracies, errors or omissions in any data provided to us in connection with an Electronic Trading platform.
16.11. We do not accept any liability in respect of any delays, inaccuracies or errors in Prices quoted to you if these delays, inaccuracies or errors are caused by a third party services providers (such as price feed providers, liquidity providers, regulated stock exchanges, other execution venues) with which we may collaborate. Our obligations in this respect relate solely to selecting such providers with proper skill and care having regard to their competencies and credentials.
16.12. We shall not be obliged to execute any instruction /order which has been identified or we reasonable believe was based on errors caused by delays of the system to update Prices and do not reflect the real prices in the relevant underlying market. We do not accept any liability towards executed trades that have been based and have been the result of delays as described above.
16.13. We shall have no liability to you (whether in contract of in tortort, including negligence) in the event that any viruses, worms, software bombs or similar items are introduced into the system System via an Electronic Trading Platform or on any software provided by is us to you in order to enable you to use the Electronic Trading Platform, provided that we have taken reasonable steps to prevent any such matters.
16.14. You shall ensure that no computer viruses, malware or similar items are introduced into our computer system or network and will indemnify us on demand for any loss that we suffer arising as a result of any such introduction.
16.15. We shall not be liable for any loss, liability or cost whatsoever arising from any unauthorized use of the Electronic Trading Platforms. You shall on demand indemnify, protect and hold us harmless from and against all losses, liabilities, judgments, suits, actions, proceedings, claims, damages and costs resulting from or arising out of any act or omission by any person using an Electronic Trading Platforms by using your designated passwords or access codes whether or not you authorized such use.
16.16. We shall not be liable for any act taken by or on the instruction of an exchange, clearing house, execution venue or regulatory body.
16.17. We may suspend or permanently withdraw an Electronic Trading PlatformPlatforms, or change the composition, mode of operation, available availability or any trading limits limits, by giving you 24 hours’ hours written notice. We have the right, unilaterally and with immediate effect, to suspend or withdraw permanently your ability to use any Electronic Trading Platforms, or any part thereof, without notice, where we consider it necessary or advisable to do so, for example due to your non-compliance with the Applicable Laws and Regulations, breach of any provisions of this Agreement, on the occurrence of an Event of Default, network problems, failure of power supply, for maintenance, or to protect you when there has been a breach of security. Use of robots, automated trading systems and generally algorithmic trading and high frequency algorithmic trading through our Electronic Trading Platforms (collectively “Algorithmic Trading”) is permitted only with our prior written consent. In all cases where you have received our prior written consent to such Algorithmic Trading, such trading is subject to the following terms: Simultaneous use of different trading devices is prohibited. Where we permit electronic communications through a customised interface, such communications will be subject to the terms and condition which apply to the use of such interface.
Appears in 1 contract
Samples: Client Agreement
ELECTRONIC TRADING TERMS. 16.1. You will be responsible for providing the System to enable you to use an Electronic ServiceServices.
16.2. You will be responsible for the installation and proper use of any virus detection/scanning program we require from time to time.
16.3. We may execute all Transaction Transactions upon you placing them with us on the terms received by us.
16.4. We shall have no liability for any losses which you suffer as because of a result of Transaction which you place or are placed on your behalf incorrectly or unintentionally or for Orders or instructions which are not received by us. Unless we are specifically notified of the contrary, we are entitled to assume that Orders which appear to be placed on your behalf are validly given by you, and all Transactions resulting from such orders Orders shall be conclusively binding on you. Unless we expressly agree otherwise in writing, you have no right to cancel, amend or revoke any Transaction on the basis that it was not given by you or was given erroneously or accidently or based on the basis of any incorrect understanding.
16.5. Without prejudice to the above, we have no obligation to accept any Order or to effect any Transaction and we may decline to accept or act upon any order Order or give effect to any Transaction without providing any reason.
16.6. When using an Electronic Trading Platform, you must:
a) Ensure that the System is maintained in good order and is suitable for us with such Electronic Trading Platform
b) Where we request, run such tests and provide such information to us as we shall reasonable consider necessary to establish that the System satisfies the requirements notified by us to you from time to time.
c) Carry out virus checks on a regular basis.
d) inform us immediately of any unauthorized access to an Electronic Trading Platform or any unauthorized Transaction or instruction which you know of or suspect and, if within your control, cause such unauthorized us to cease; and
e) Not at any time leave the terminal from which you have accessed such Electronic Trading Platform or let anyone else use the terminal until you have logged off such Electronic Trading Platform.
16.7. In the event you become aware of a material defect, malfunction or virus in the System or in an Electronic Trading Platform, you shall immediately notify us of such defect, malfunction or virus and cease all use of such Electronic Trading Platform until you have received permission from us to resume use.
16.8. All rights in patents, copyrights, design rights, trademarks and any other intellectual property rights (whether registered or unregistered) relating to the Electronic Trading Platforms remain vested in us or our licensors. You will not copy, interfere with, tamper with, alter, amend or modify the Electronic Trading Platforms or their software elements, nor purport to do any of the same or permit any of the same to be done, except in so far as such acts are expressly permitted by law. Any copies of the Electronic Trading Platforms and their software elements made in accordance with applicable law are subject to the terms and conditions of this Agreement. You shall ensure that all the licensors trademarks and copyright and restricted rights notices are reproduced on these copies. You shall maintain an up to date written record of the number of copies of the Electronic Trading Platforms and their software elements made by you. If we so request, you shall as soon as reasonably practical, provide to us a statement of the number and whereabouts such copies.
16.9. We shall have no liability to you for damage which you may suffer as a result of transmission errors, technical faults, malfunctions, and illegal intervention in network equipment, network overloads, malicious blocking of access by third parties, internet malfunctions, interruptions or other deficiencies on the part of internet service providers. You acknowledge that access to Electronic Trading Platform may be limited or unavailable due to such system errors, and that we reserve the right upon notice to suspend access to Electronic Trading Platforms for this reason.
16.10. Neither we nor any third party software provider accepts any liability in respect of any delays, inaccuracies, errors or omissions in any data provided to us in connection with an Electronic Trading platform.
16.11. We do not accept any liability in respect of any delays, inaccuracies or errors in Prices quoted to you if these delays, inaccuracies or errors are caused by a third party services providers (such as price feed providers, liquidity providers, regulated stock exchanges, other execution venues) with which we may collaborate. Our obligations in this respect relate solely to selecting such providers with proper skill and care having regard to their competencies and credentials.
16.12. We shall not be obliged to execute any instruction /order /Order which has been identified or we reasonable believe was based on errors caused by delays of the system to update Prices and do not reflect the real prices in the relevant underlying market. We do not accept any liability towards executed trades that have been based and have been the result of delays as described above.
16.13. We shall have no liability to you (whether in contract of in tor, including negligence) in the event that any viruses, worms, software bombs or similar items are introduced into the system via Electronic Trading Platform or on any software provided by is to you in order to enable you to use the Electronic Trading Platform, provided that we have taken reasonable steps to prevent any such matters.
16.14. You shall ensure that no computer viruses, malware or similar items are introduced into our computer system or network and will indemnify us on demand for any loss that we suffer arising as a result of any such introduction.
16.15. We shall not be liable for any loss, liability or cost whatsoever arising from any unauthorized use of the Electronic Trading Platforms. You shall on demand indemnify, protect and hold us harmless from and against all losses, liabilities, judgments, suits, actions, proceedings, claims, damages and costs resulting from or arising out of any act or omission by any person using an Electronic Trading Platforms by using your designated passwords or access codes whether or not you authorized such use.
16.16. We shall not be liable for any act taken by or on the instruction of an exchangeExchange, clearing house, execution venue or regulatory body.
16.17. We may suspend or permanently withdraw an Electronic Trading Platform, or change the composition, mode of operation, available or any trading limits by giving you 24 hours’ notice.
Appears in 1 contract
Samples: Client Agreement
ELECTRONIC TRADING TERMS. 16.121.1. You will be responsible for providing the System to enable you to use an Electronic Service.
16.221.2. You will be responsible for the installation and proper use of any virus detection/scanning program we require from time to time.
16.321.3. We may execute all Transaction Transactions upon you placing them with us on the terms received by us.
16.421.4. We shall have no liability for any losses which you suffer as a result of Transaction Transactions which you place or are placed on your behalf incorrectly or unintentionally or for Orders or instructions which are not received by us. Unless we are specifically notified of the contrary, we are entitled to assume that Orders which appear to be placed on your behalf are validly given by you, and all Transactions resulting from such orders shall be conclusively binding on you. Unless we expressly agree otherwise in writing, you have no right to cancel, amend or revoke any Transaction on the basis that it was not given by you or was given erroneously or accidently accidentally or on the basis of any incorrect understanding.
16.521.5. Without prejudice to the above, we have no obligation to accept any Order or to effect any Transaction and we may decline to accept or act upon any order or give effect to any Transaction without providing any reason.
16.621.6. When using an Electronic Trading Platform, you must:
a) Ensure ensure that the System is maintained in good order and is suitable for us use with such Electronic Trading Platform;
b) Where where we request, run such tests and provide such information to us as we shall reasonable reasonably consider necessary to establish that the System satisfies the requirements notified by us to you from time to time.;
c) Carry carry out virus checks on a regular basis.;
d) inform us immediately of any unauthorized unauthorised access to an Electronic Trading Platform or any unauthorized unauthorised Transaction or instruction which you know of or suspect and, if within your control, cause such unauthorized us unauthorised use to cease; and
e) Not not at any time leave the terminal from which you have accessed such Electronic Trading Platform or let anyone else use the terminal until you have logged off such Electronic Trading Platform.
16.721.7. In the event you become aware of a material defect, malfunction or virus in the System or in an Electronic Trading Platform, you shall immediately notify us of such defect, malfunction or virus and cease all use of such Electronic Trading Platform until you have received permission from us to resume use.
16.821.8. All rights in patents, copyrights, design rights, trademarks trade marks and any other intellectual property rights (whether registered or unregistered) relating to the Electronic Trading Platforms remain vested in us or our licensors. You will not copy, interfere with, tamper with, alter, amend or modify the Electronic Trading Platforms or any part or parts thereof unless expressly permitted by us in writing, reverse compile or disassemble the Electronic Platforms or their software elements, nor purport to do any of the same or permit any of the same to be done, except in so far as such acts are expressly permitted by law. Any copies of the Electronic Trading Platforms and their software elements made in accordance with applicable law are subject to the terms and conditions of this Agreement. You shall ensure that all the licensors trademarks and copyright and restricted rights notices are reproduced on these copies. You shall maintain an up to up-to-date written record of the number of copies of the Electronic Trading Platforms and their software elements made by you. If we so request, you shall as soon as reasonably practical, provide to us a statement of the number and whereabouts such copies.
16.921.9. We shall have no liability to you for damage which you may suffer as a result of transmission errors, technical faults, malfunctions, and illegal intervention in network equipment, network overloads, malicious blocking of access by third parties, internet malfunctions, interruptions or other deficiencies on the part of internet service providers. You acknowledge that access to Electronic Trading Platform Platforms may be limited or unavailable due to such system errors, and that we reserve the right upon notice to suspend access to Electronic Trading Platforms for this reason.
16.1021.10. Neither we nor any third party software provider accepts any liability in respect of any delays, inaccuracies, errors or omissions in any data provided to us you in connection with an Electronic Trading platformPlatform.
16.1121.11. We do not accept any liability in respect of any delays, inaccuracies or errors in Prices quoted to you if these delays, inaccuracies or errors are caused by a third party services service providers (such as price feed providers, liquidity providers, regulated stock exchanges, other execution venues) with which we may collaborate. Our obligations in this respect relate solely to selecting such providers with proper skill and care having regard to their competencies and credentials.
16.1221.12. We shall not be obliged to execute any instruction /order / Order which has been identified or we reasonable reasonably believe was based on errors caused by delays of the system to update Prices and do not reflect the real prices in the relevant underlying market. We do not accept any liability towards executed trades that have been based and have been the result of delays as described above.
16.1321.13. We shall have no liability to you (whether in contract of in tortort, including negligence) in the event that any viruses, worms, software bombs or similar items are introduced into the system System via an Electronic Trading Platform or on any software provided by is us to you in order to enable you to use the Electronic Trading Platform, provided that we have taken reasonable steps to prevent any such matters.
16.1421.14. You shall ensure that no computer viruses, malware or similar items are introduced into our computer system or network and will indemnify us on demand for any loss that we suffer arising as a result of any such introduction.
16.1521.15. We shall not be liable for any loss, liability or cost whatsoever arising from any unauthorized use of the Electronic Trading Platforms. You shall on demand indemnify, protect and hold us harmless from and against all losses, liabilities, judgments, suits, actions, proceedings, claims, damages and costs resulting from or arising out of any act or omission by any person using an Electronic Trading Platforms by using your designated passwords or access codes whether or not you authorized such use.
16.1621.16. We shall not be liable for any act taken by or on the instruction of an exchange, clearing house, execution venue or regulatory body.
16.1721.17. We may suspend or permanently withdraw an Electronic Trading PlatformPlatforms, or change the composition, mode of operation, available availability or any trading limits limits, by giving you 24 hours’ hours written notice.
21.18. We have the right, unilaterally and with immediate effect, to suspend or withdraw permanently your ability to use any Electronic Trading Platforms, or any part thereof, without notice, where we consider it necessary or advisable to do so, for example due to your non-compliance with the Applicable Laws and Regulations, breach of any provisions of this Agreement, on the occurrence of an Event of Default, network problems, failure of power supply, for maintenance, or to protect you when there has been a breach of security. In addition, the use of an Electronic Trading Platform may be terminated automatically, upon the termination (for whatever reason) of:
a) any licence granted to use which relates to the
b) this Agreement.
21.19. In the event of a termination of the use of an Electronic Trading Platform for any reason, upon request by us, you shall, at our option, return to us or destroy all hardware, software and documentation we have provided you in connection with such Electronic Trading Platform and any copies thereof.
21.20. The provisions of this Clause 21 apply without prejudice to any other terms of this Agreement, relating to the limitation of liability and indemnities.
21.21. Use of robots, automated trading systems and generally algorithmic trading and high frequency algorithmic trading through our Electronic Trading Platforms (collectively “Algorithmic Trading”) is permitted only with our prior written consent.
21.22. In all cases where you have received our prior written consent to such Algorithmic Trading, such trading is subject to the following terms:
a) Simultaneous use of different trading devices is prohibited.
b) You are required to test software, equipment and devices prior to using them for the purposes of the trading activity. You are solely and fully responsible for any errors or failures or other consequences of any automated systems which you use.
c) Where we permit electronic communications through a customised interface, such communications will be subject to the terms and condition which apply to the use of such interface.
Appears in 1 contract
Samples: Investment Services Agreement
ELECTRONIC TRADING TERMS. 16.122.1. You will be responsible for providing the System to enable you to use an Electronic Service.
16.222.2. You will be responsible for the installation and proper use of any virus detection/scanning program we require from time to time.
16.322.3. We may execute all Transaction Transactions upon you placing them with us on the terms received by us.
16.422.4. We shall have no liability for any losses which you suffer as a result of Transaction Transactions which you place or are placed on your behalf incorrectly or unintentionally or for Orders or instructions which are not received by us. Unless we are specifically notified of the contrary, we are entitled to assume that Orders which appear to be placed on your behalf are validly given by you, and all Transactions resulting from such orders shall be conclusively binding on you. Unless we expressly agree otherwise in writing, you have no right to cancel, amend or revoke any Transaction on the basis that it was not given by you or was given erroneously or accidently accidentally or on the basis of any incorrect understanding.
16.522.5. Without prejudice to the above, we have no obligation to accept any Order or to effect any Transaction and we may decline to accept or act upon any order or give effect to any Transaction without providing any reason.
16.622.6. When using an Electronic Trading Platform, you must:
a) Ensure ensure that the System is maintained in good order and is suitable for us use with such Electronic Trading Platform;
b) Where where we request, run such tests and provide such information to us as we shall reasonable reasonably consider necessary to establish that the System satisfies the requirements notified by us to you from time to time.;
c) Carry carry out virus checks on a regular basis.;
d) inform us immediately of any unauthorized unauthorised access to an Electronic Trading Platform or any unauthorized unauthorised Transaction or instruction which you know of or suspect and, if within your control, cause such unauthorized us unauthorised use to cease; and
e) Not not at any time leave the terminal from which you have accessed such Electronic Trading Platform or let anyone else use the terminal until you have logged off such Electronic Trading Platform.
16.722.7. In the event you become aware of a material defect, malfunction or virus in the System or in an Electronic Trading Platform, you shall immediately notify us of such defect, malfunction or virus and cease all use of such Electronic Trading Platform until you have received permission from us to resume use.
16.822.8. All rights in patents, copyrights, design rights, trademarks trade marks and any other intellectual property rights (whether registered or unregistered) relating to the Electronic Trading Platforms remain vested in us or our licensors. You will not copy, interfere with, tamper with, alter, amend or modify the Electronic Trading Platforms or any part or parts thereof unless expressly permitted by us in writing, reverse compile or disassemble the Electronic Platforms or their software elements, nor purport to do any of the same or permit any of the same to be done, except in so far as such acts are expressly permitted by law. Any copies of the Electronic Trading Platforms and their software elements made in accordance with applicable law are subject to the terms and conditions of this Agreement. You shall ensure that all the licensors trademarks and copyright and restricted rights notices are reproduced on these copies. You shall maintain an up to up-to-date written record of the number of copies of the Electronic Trading Platforms and their software elements made by you. If we so request, you shall as soon as reasonably practical, provide to us a statement of the number and whereabouts such copies.
16.922.9. We shall have no liability to you for damage which you may suffer as a result of transmission errors, technical faults, malfunctions, and illegal intervention in network equipment, network overloads, malicious blocking of access by third parties, internet malfunctions, interruptions or other deficiencies on the part of internet service providers. You acknowledge that access to Electronic Trading Platform Platforms may be limited or unavailable due to such system errors, and that we reserve the right upon notice to suspend access to Electronic Trading Platforms for this reason.
16.1022.10. Neither we nor any third party software provider accepts any liability in respect of any delays, inaccuracies, errors or omissions in any data provided to us you in connection with an Electronic Trading platformPlatform.
16.1122.11. We do not accept any liability in respect of any delays, inaccuracies or errors in Prices quoted to you if these delays, inaccuracies or errors are caused by a third party services service providers (such as price feed providers, liquidity providers, regulated stock exchanges, other execution venues) with which we may collaborate. Our obligations in this respect relate solely to selecting such providers with proper skill and care having regard to their competencies and credentials.regulated
16.1222.12. We shall not be obliged to execute any instruction /order / Order which has been identified or we reasonable reasonably believe was based on errors caused by delays of the system to update Prices and do not reflect the real prices in the relevant underlying market. We do not accept any liability towards executed trades that have been based and have been the result of delays as described above.
16.1322.13. We shall have no liability to you (whether in contract of in tortort, including negligence) in the event that any viruses, worms, software bombs or similar items are introduced into the system System via an Electronic Trading Platform or on any software provided by is us to you in order to enable you to use the Electronic Trading Platform, provided that we have taken reasonable steps to prevent any such matters.
16.1422.14. You shall ensure that no computer viruses, malware or similar items are introduced into our computer system or network and will indemnify us on demand for any loss that we suffer arising as a result of any such introduction.
16.1522.15. We shall not be liable for any loss, liability or cost whatsoever arising from any unauthorized use of the Electronic Trading Platforms. You shall on demand indemnify, protect and hold us harmless from and against all losses, liabilities, judgments, suits, actions, proceedings, claims, damages and costs resulting from or arising out of any act or omission by any person using an Electronic Trading Platforms by using your designated passwords or access codes whether or not you authorized such use.
16.1622.16. We shall not be liable for any act taken by or on the instruction of an exchange, clearing house, execution venue or regulatory body.
16.1722.17. We may suspend or permanently withdraw an Electronic Trading PlatformPlatforms, or change the composition, mode of operation, available availability or any trading limits limits, by giving you 24 hours’ hours written notice.
22.18. We have the right, unilaterally and with immediate effect, to suspend or withdraw permanently your ability to use any Electronic Trading Platforms, or any part thereof, without notice, where we consider it necessary or advisable to do so, for example due to your non-compliance with the Applicable Laws and Regulations, breach of any provisions of this Agreement, on the occurrence of an Event of Default, network problems, failure of power supply, for maintenance, or to protect you when there has been a breach of security. In addition, the use of an Electronic Trading Platform may be terminated automatically, upon the termination (for whatever reason) of:
a) any licence granted to use which relates to the Electronic Trading Platforms; or
b) this Agreement.
22.19. In the event of a termination of the use of an Electronic Trading Platform for any reason, upon request by us, you shall, at our option, return to us or destroy all hardware, software and documentation we have provided you in connection with such Electronic Trading Platform and any copies thereof.
22.20. The provisions of this Clause 22 apply without prejudice to any other terms of this Agreement, relating to the limitation of liability and indemnities.
22.21. Use of robots, automated trading systems and generally algorithmic trading and high frequency algorithmic trading through our Electronic Trading Platforms (collectively “Algorithmic Trading”) is permitted only with our prior written consent.
22.22. In all cases where you have received our prior written consent to such Algorithmic Trading, such trading is subject to the following terms:
a) Simultaneous use of different trading devices is prohibited.
b) You are required to test software, equipment and devices prior to using them for the purposes of the trading activity. You are solely and fully responsible for any errors or failures or other consequences of any automated systems which you use.
c) Where we permit electronic communications through a customised interface, such communications will be subject to the terms and condition which apply to the use of such interface.
Appears in 1 contract
Samples: Investment Services Agreement
ELECTRONIC TRADING TERMS. 16.1
21.1. You will be responsible for providing the System to enable you to use an Electronic Service.
16.221.2. You will be responsible for the installation and proper use of any virus detection/scanning program we require from time to time.
16.321.3. We may execute all Transaction Transactions upon you placing them with us on the terms received by us.
16.421.4. We shall have no liability for any losses which you suffer as a result of Transaction Transactions which you place or are placed on your behalf incorrectly or unintentionally or for Orders or instructions which are not received by us. Unless we are specifically notified of the contrary, we are entitled to assume that Orders which appear to be placed on your behalf are validly given by you, and all Transactions resulting from such orders shall be conclusively binding on you. Unless we expressly agree otherwise in writing, you have no right to cancel, amend or revoke any Transaction on the basis that it was not given by you or was given erroneously or accidently accidentally or on the basis of any incorrect understanding.
16.521.5. Without prejudice to the above, we have no obligation to accept any Order or to effect any Transaction and we may decline to accept or act upon any order or give effect to any Transaction without providing any reason.
16.621.6. When using an Electronic Trading Platform, you must:
a) Ensure ensure that the System is maintained in good order and is suitable for us use with such Electronic Trading Platform;
b) Where where we request, run such tests and provide such information to us as we shall reasonable reasonably consider necessary to establish that the System satisfies the requirements notified by us to you from time to time.;
c) Carry carry out virus checks on a regular basis.;
d) inform us immediately of any unauthorized unauthorised access to an Electronic Trading Platform or any unauthorized unauthorised Transaction or instruction which you know of or suspect and, if within your control, cause such unauthorized us unauthorised use to cease; and
e) Not not at any time leave the terminal from which you have accessed such Electronic Trading Platform or let anyone else use the terminal until you have logged off such Electronic Trading Platform.
16.721.7. In the event you become aware of a material defect, malfunction or virus in the System or in an Electronic Trading Platform, you shall immediately notify us of such defect, malfunction or virus and cease all use of such Electronic Trading Platform until you have received permission from us to resume use.
16.821.8. All rights in patents, copyrights, design rights, trademarks trade marks and any other intellectual property rights (whether registered or unregistered) relating to the Electronic Trading Platforms remain vested in us or our licensors. You will not copy, interfere with, tamper with, alter, amend or modify the Electronic Trading Platforms or any part or parts thereof unless expressly permitted by us in writing, reverse compile or disassemble the Electronic Platforms or their software elements, nor purport to do any of the same or permit any of the same to be done, except in so far as such acts are expressly permitted by law. Any copies of the Electronic Trading Platforms and their software elements made in accordance with applicable law are subject to the terms and conditions of this Agreement. You shall ensure that all the licensors trademarks and copyright and restricted rights notices are reproduced on these copies. You shall maintain an up to up-to-date written record of the number of copies of the Electronic Trading Platforms and their software elements made by you. If we so request, you shall as soon as reasonably practical, provide to us a statement of the number and whereabouts such copies.
16.921.9. We shall have no liability to you for damage which you may suffer as a result of transmission errors, technical faults, malfunctions, and illegal intervention in network equipment, network overloads, malicious blocking of access by third parties, internet malfunctions, interruptions or other deficiencies on the part of internet service providers. You acknowledge that access to Electronic Trading Platform Platforms may be limited or unavailable due to such system errors, and that we reserve the right upon notice to suspend access to Electronic Trading Platforms for this reason.
16.1021.10. Neither we nor any third party software provider accepts any liability in respect of any delays, inaccuracies, errors or omissions in any data provided to us you in connection with an Electronic Trading platformPlatform.
16.1121.11. We do not accept any liability in respect of any delays, inaccuracies or errors in Prices quoted to you if these delays, inaccuracies or errors are caused by a third party services service providers (such as price feed providers, liquidity providers, regulated stock exchanges, other execution venues) with which we may collaborate. Our obligations in this respect relate solely to selecting such providers with proper skill and care having regard to their competencies and credentials.
16.1221.12. We shall not be obliged to execute any instruction /order / Order which has been identified or we reasonable reasonably believe was based on errors caused by delays of the system to update Prices and do not reflect the real prices in the relevant underlying market. We do not accept any liability towards executed trades that have been based and have been the result of delays as described above.
16.1321.13. We shall have no liability to you (whether in contract of in tortort, including negligence) in the event that any viruses, worms, software bombs or similar items are introduced into the system System via an Electronic Trading Platform or on any software provided by is us to you in order to enable you to use the Electronic Trading Platform, provided that we have taken reasonable steps to prevent any such matters.
16.1421.14. You shall ensure that no computer viruses, malware or similar items are introduced into our computer system or network and will indemnify us on demand for any loss that we suffer arising as a result of any such introduction.
16.1521.15. We shall not be liable for any loss, liability or cost whatsoever arising from any unauthorized use of the Electronic Trading Platforms. You shall on demand indemnify, protect and hold us harmless from and against all losses, liabilities, judgments, suits, actions, proceedings, claims, damages and costs resulting from or arising out of any act or omission by any person using an Electronic Trading Platforms by using your designated passwords or access codes whether or not you authorized such use.
16.1621.16. We shall not be liable for any act taken by or on the instruction of an exchange, clearing house, execution venue or regulatory body.
16.1721.17. We may suspend or permanently withdraw an Electronic Trading PlatformPlatforms, or change the composition, mode of operation, available availability or any trading limits limits, by giving you 24 hours’ hours written notice.
21.18. We have the right, unilaterally and with immediate effect, to suspend or withdraw permanently your ability to use any Electronic Trading Platforms, or any part thereof, without notice, where we consider it necessary or advisable to do so, for example due to your non-compliance with the Applicable Laws and Regulations, breach of any provisions of this Agreement, on the occurrence of an Event of Default, network problems, failure of power supply, for maintenance, or to protect you when there has been a breach of security. In addition, the use of an Electronic Trading Platform may be terminated automatically, upon the termination (for whatever reason) of:
a) any licence granted to use which relates to the Electronic Trading Platforms; or
b) this Agreement.
21.19. In the event of a termination of the use of an Electronic Trading Platform for any reason, upon request by us, you shall, at our option, return to us or destroy all hardware, software and documentation we have provided you in connection with such Electronic Trading Platform and any copies thereof.
21.20. The provisions of this Clause 21 apply without prejudice to any other terms of this Agreement, relating to the limitation of liability and indemnities.
21.21. Use of robots, automated trading systems and generally algorithmic trading and high frequency algorithmic trading through our Electronic Trading Platforms (collectively “Algorithmic Trading”) is permitted only with our prior written consent.
21.22. In all cases where you have received our prior written consent to such Algorithmic Trading, such trading is subject to the following terms:
a) Simultaneous use of different trading devices is prohibited.
b) You are required to test software, equipment and devices prior to using them for the purposes of the trading activity. You are solely and fully responsible for any errors or failures or other consequences of any automated systems which you use.
c) Where we permit electronic communications through a customised interface, such communications will be subject to the terms and condition which apply to the use of such interface.
Appears in 1 contract
Samples: Investment Services Agreement
ELECTRONIC TRADING TERMS. 16.1. You will responsible for providing the System to enable you to use an Electronic Service.
16.2. You will be responsible for the installation and proper use of any virus detection/scanning program we the Company may require from time to time.
16.3. We The Company may execute all Transaction Transactions upon you placing them with us on the terms received by us.
16.4. We The Company shall have no liability for any losses which you suffer as a result of Transaction Transactions which you place or are placed on your behalf incorrectly or unintentionally or for Orders or instructions which are not received by usthe Company. Unless we are the Company is specifically notified of the contrary, we are is entitled to assume that Orders which appear to be placed on your behalf are validly given by you, and all Transactions resulting from such orders shall be conclusively binding on you. Unless we the Company expressly agree otherwise in writing, you have no right to cancel, amend or revoke any Transaction on the basis that it was not given by you or was given erroneously or accidently accidentally or on the basis of any incorrect understanding.
16.5. Without prejudice to the above, we have no obligation to accept any Order or to effect any Transaction and we may decline to accept or act upon any order or give effect to any Transaction without providing any reason.
16.6. When using an Electronic Trading Platform, you must:
a) Ensure a. ensure that the System is maintained in good order and is suitable for us use with such Electronic Trading Platform;
b) Where we requestb. where is requested, run such tests and provide such information to us the Company as we it shall reasonable reasonably consider necessary to establish that the System satisfies the requirements notified by us the Company to you from time to time.;
c) Carry c. carry out virus checks on a regular basis.;
d) d. inform us the Company immediately of any unauthorized unauthorised access to an Electronic Trading Platform or any unauthorized unauthorised Transaction or instruction which you know of or suspect and, if within your control, cause such unauthorized us unauthorised use to cease; and
e) Not e. not at any time leave the terminal from which you have accessed such Electronic Trading Platform or let anyone else use the terminal until you have logged off such Electronic Trading Platform.
16.7. In the event you become aware of a material defect, malfunction malfunction, or virus in the System or in an Electronic Trading Platform, you shall immediately notify us the Company of such defect, malfunction or virus and cease all use of such Electronic Trading Platform until you have received permission from us the Company to resume use.
16.8. All rights in patents, copyrights, design rights, trademarks trade marks and any other intellectual property rights (whether registered or unregistered) relating to the Electronic Trading Platforms remain vested in us or our licensors. You will not copy, interfere with, tamper with, alter, amend or modify the Electronic Trading Platforms or any part or parts thereof unless expressly permitted by us in writing, reverse compile or disassemble the Electronic Platforms or their software elements, nor purport to do any of the same or permit any of the same to be done, except in so far as such acts are expressly permitted by law. Any copies of the Electronic Trading Platforms and their software elements made in accordance with applicable law are subject to the terms and conditions of this Agreement. You shall ensure that all the licensors trademarks and copyright and restricted rights notices are reproduced on these copies. You shall maintain an up to up-to-date written record of the number of copies of the Electronic Trading Platforms and their software elements made by you. If we so request, you shall as soon as reasonably practical, provide to us a statement of the number and whereabouts such copies.
16.9. We shall have no liability to you for damage which you may suffer as a result of transmission errors, technical faults, malfunctions, and illegal intervention in network equipment, network overloads, malicious blocking of access by third parties, internet malfunctions, interruptions or other deficiencies on the part of internet service providers. You acknowledge that access to Electronic Trading Platform Platforms may be limited or unavailable due to such system errors, and that we reserve the right upon notice to suspend access to Electronic Trading Platforms for this reason.
16.10. Neither we nor any third party software provider accepts any liability in respect of any delays, inaccuracies, errors or omissions in any data provided to us in connection with an Electronic Trading platform.
16.11. We do not accept any liability in respect of any delays, inaccuracies or errors in Prices quoted to you if these delays, inaccuracies or errors are caused by a third party services providers (such as price feed providers, liquidity providers, regulated stock exchanges, other execution venues) with which we may collaborate. Our obligations in this respect relate solely to selecting such providers with proper skill and care having regard to their competencies and credentials.
16.12. We shall not be obliged to execute any instruction /order which has been identified or we reasonable believe was based on errors caused by delays of the system to update Prices and do not reflect the real prices in the relevant underlying market. We do not accept any liability towards executed trades that have been based and have been the result of delays as described above.
16.13. We shall have no liability to you (whether in contract of in tortort, including negligence) in the event that any viruses, worms, software bombs or similar items are introduced into the system System via an Electronic Trading Platform or on any software provided by is us to you in order to enable you to use the Electronic Trading Platform, provided that we have taken reasonable steps to prevent any such matters.
16.14. You shall ensure that no computer viruses, malware or similar items are introduced into our computer system or network and will indemnify us on demand for any loss that we suffer arising as a result of any such introduction.
16.15. We shall not be liable for any loss, liability or cost whatsoever arising from any unauthorized unauthorised use of the Electronic Trading Platforms. You shall on demand indemnify, protect and hold us harmless from and against all losses, liabilities, judgments, suits, actions, proceedings, claims, damages and costs resulting from or arising out of any act or omission by any person using an Electronic Trading Platforms by using your designated passwords or access codes whether or not you authorized authorised such use.
16.16. We shall not be liable for any act taken by or on the instruction of an exchange, clearing house, execution venue or regulatory body.
16.17. We may suspend or permanently withdraw an Electronic Trading PlatformPlatforms, or change the composition, mode of operation, available availability or any trading limits limits, by giving you 24 hours’ hours written notice. We have the right, unilaterally and with immediate effect, to suspend or withdraw permanently your ability to use any Electronic Trading Platforms, or any part thereof, without notice, where we consider it necessary or advisable to do so, for example due to your non-compliance with the Applicable Laws and Regulations, breach of any provisions of this Agreement, on the occurrence of an Event of Default, network problems, failure of power supply, for maintenance, or to protect you when there has been a breach of security. Use of robots, automated trading systems and generally algorithmic trading and high frequency algorithmic trading through our Electronic Trading Platforms (collectively “Algorithmic Trading”) is permitted only with our prior written consent. In all cases where you have received our prior written consent to such Algorithmic Trading, such trading is subject to the following terms: Simultaneous use of different trading devices is prohibited. Where we permit electronic communications through a customised interface, such communications will be subject to the terms and condition which apply to the use of such interface.
Appears in 1 contract
Samples: Client Agreement
ELECTRONIC TRADING TERMS. 16.1. You will responsible for providing the System to enable you to use an Electronic Service.
16.2. You will be responsible for the installation and proper use of any virus detection/scanning program we the Company may require from time to time.
16.3. We The Company may execute all Transaction Transactions upon you placing them with us on the terms received by us.
16.4. We The Company shall have no liability for any losses which you suffer as a result of Transaction Transactions which you place or are placed on your behalf incorrectly or unintentionally or for Orders or instructions which are not received by usthe Company. Unless we are the Company is specifically notified of the contrary, we are is entitled to assume that Orders which appear to be placed on your behalf are validly given by you, and all Transactions resulting from such orders shall be conclusively binding on you. Unless we the Company expressly agree otherwise in writing, you have no right to cancel, amend or revoke any Transaction on the basis that it was not given by you or was given erroneously or accidently accidentally or on the basis of any incorrect understanding.
16.5. Without prejudice to the above, we have no obligation to accept any Order or to effect any Transaction and we may decline to accept or act upon any order or give effect to any Transaction without providing any reason.
16.6. When using an Electronic Trading Platform, you must:
a) Ensure ensure that the System is maintained in good order and is suitable for us use with such Electronic Trading Platform;
b) Where we requestwhere is requested, run such tests and provide such information to us the Company as we it shall reasonable reasonably consider necessary to establish that the System satisfies the requirements notified by us the Company to you from time to time.;
c) Carry carry out virus checks on a regular basis.;
d) inform us the Company immediately of any unauthorized unauthorised access to an Electronic Trading Platform or any unauthorized unauthorised Transaction or instruction which you know of or suspect and, if within your control, cause such unauthorized us unauthorised use to cease; and
e) Not not at any time leave the terminal from which you have accessed such Electronic Trading Platform or let anyone else use the terminal until you have logged off such Electronic Trading Platform.
16.7. In the event you become aware of a material defect, malfunction or virus in the System or in an Electronic Trading Platform, you shall immediately notify us the Company of such defect, malfunction or virus and cease all use of such Electronic Trading Platform until you have received permission from us the Company to resume use.
16.8. All rights in patents, copyrights, design rights, trademarks and any other intellectual property rights (whether registered or unregistered) relating to the Electronic Trading Platforms remain vested in us or our licensors. You will not copy, interfere with, tamper with, alter, amend or modify the Electronic Trading Platforms or any part or parts thereof unless expressly permitted by us in writing, reverse compile or disassemble the Electronic Platforms or their software elements, nor purport to do any of the same or permit any of the same to be done, except in so far as such acts are expressly permitted by law. Any copies of the Electronic Trading Platforms and their software elements made in accordance with applicable law are subject to the terms and conditions of this Agreement. You shall ensure that all the licensors trademarks and copyright and restricted rights notices are reproduced on these copies. You shall maintain an up to up-to-date written record of the number of copies of the Electronic Trading Platforms and their software elements made by you. If we so request, you shall as soon as reasonably practical, provide to us a statement of the number and whereabouts such copies.
16.9. We shall have no liability to you for damage which you may suffer as a result of transmission errors, technical faults, malfunctions, and illegal intervention in network equipment, network overloads, malicious blocking of access by third parties, internet malfunctions, interruptions or other deficiencies on the part of internet service providers. You acknowledge that access to Electronic Trading Platform Platforms may be limited or unavailable due to such system errors, and that we reserve the right upon notice to suspend access to Electronic Trading Platforms for this reason.
16.10. Neither we nor any third party software provider accepts any liability in respect of any delays, inaccuracies, errors or omissions in any data provided to us in connection with an Electronic Trading platform.
16.11. We do not accept any liability in respect of any delays, inaccuracies or errors in Prices quoted to you if these delays, inaccuracies or errors are caused by a third party services providers (such as price feed providers, liquidity providers, regulated stock exchanges, other execution venues) with which we may collaborate. Our obligations in this respect relate solely to selecting such providers with proper skill and care having regard to their competencies and credentials.
16.12. We shall not be obliged to execute any instruction /order which has been identified or we reasonable believe was based on errors caused by delays of the system to update Prices and do not reflect the real prices in the relevant underlying market. We do not accept any liability towards executed trades that have been based and have been the result of delays as described above.
16.13. We shall have no liability to you (whether in contract of in tortort, including negligence) in the event that any viruses, worms, software bombs or similar items are introduced into the system System via an Electronic Trading Platform or on any software provided by is us to you in order to enable you to use the Electronic Trading Platform, provided that we have taken reasonable steps to prevent any such matters.
16.14. You shall ensure that no computer viruses, malware or similar items are introduced into our computer system or network and will indemnify us on demand for any loss that we suffer arising as a result of any such introduction.
16.15. We shall not be liable for any loss, liability or cost whatsoever arising from any unauthorized use of the Electronic Trading Platforms. You shall on demand indemnify, protect and hold us harmless from and against all losses, liabilities, judgments, suits, actions, proceedings, claims, damages and costs resulting from or arising out of any act or omission by any person using an Electronic Trading Platforms by Platformsby using your designated passwords or access codes whether or not you authorized such use.
16.16. We shall not be liable for any forany act taken by takenby or on the instruction of an exchange, clearing house, execution venue or regulatory body.
16.17. We may suspend or permanently withdraw an Electronic Trading PlatformPlatforms, or change the composition, mode of operation, available availability or any trading limits limits, by giving you 24 hours’ hours written notice. We have the right, unilaterally and with immediate effect, to suspend or withdraw permanently your ability to use any Electronic Trading Platforms, or any part thereof, without notice, where we consider it necessary or advisable to do so, for example due to your non-compliance with the Applicable Laws and Regulations, breach of any provisions of this Agreement, on the occurrence of an Event of Default, network problems, failure of power supply, for maintenance, or to protect you when there has been a breach of security. Use of robots, automated trading systems and generally algorithmic trading and high frequency algorithmic trading through our Electronic Trading Platforms (collectively “Algorithmic Trading”) is permitted only with our prior written consent. In all cases where you have received our prior written consent to such Algorithmic Trading, such trading is subject to the following terms: Simultaneous use of different trading devices is prohibited. Where we permit electronic communications through a customised interface, such communications will be subject to the terms and condition which apply to the use of such interface.
Appears in 1 contract
Samples: Client Agreement
ELECTRONIC TRADING TERMS. 16.122.1. You will be responsible for providing the System to enable you to use an Electronic Service.
16.222.2. You will be responsible for the installation and proper use of any virus detection/scanning program we require from time to time.
16.322.3. We may execute all Transaction Transactions upon you placing placing
21.1. The Orders which may be placed on each Electronic Trading Platform and the terms applicable to your trading activity with us are as set out in the Order
22.4. them with us on the terms received by us.
16.4. We shall have no liability for any losses which you suffer as a result of Transaction Transactions which you place or are placed on your behalf incorrectly or unintentionally or for Orders or instructions which are not received by us. Unless we are specifically notified of the contrary, we are entitled to assume that Orders which appear to be placed on your behalf are validly given by you, and all Transactions resulting from such orders shall be conclusively binding on you. Unless we expressly agree otherwise in writing, you have no right to cancel, amend or revoke any Transaction on the basis that it was not given by you or was given erroneously or accidently accidentally or on the basis of any incorrect understanding.
16.522.5. Without prejudice to the above, we have no obligation to accept any Order or to effect any Transaction and we may decline to accept or act upon any order or give effect to any Transaction without providing any reason.
16.622.6. When using an Electronic Trading Platform, you must:
a) Ensure ensure that the System is maintained in good order and is suitable for us use with such Electronic Trading Platform;
b) Where where we request, run such tests and provide such information to us as we shall reasonable reasonably consider necessary to establish that the System satisfies the requirements notified by us to you from time to time.;
c) Carry carry out virus checks on a regular basis.;
d) inform us immediately of any unauthorized unauthorised access to an Electronic Trading Platform or any unauthorized unauthorised Transaction or instruction which you know of or suspect and, if within your control, cause such unauthorized us unauthorised use to cease; and
e) Not not at any time leave the terminal from which you have accessed such Electronic Trading Platform or let anyone else use the terminal until you have logged off such Electronic Trading Platform.
16.722.7. In the event you become aware of a material defect, malfunction or virus in the System or in an Electronic Trading Platform, you shall immediately notify us of such defect, malfunction or virus and cease all use of such Electronic Trading Platform until you have received permission from us to resume use.
16.822.8. All rights in patents, copyrights, design rights, trademarks trade marks and any other intellectual property rights (whether registered or unregistered) relating to the Electronic Trading Platforms remain vested in us or our licensors. You will not copy, interfere with, tamper with, alter, amend or modify the Electronic Trading Platforms or any part or parts thereof unless expressly permitted by us in writing, reverse compile or disassemble the Electronic Platforms or their software elements, nor purport to do any of the same or permit any of the same to be done, except in so far as such acts are expressly permitted by law. Any copies of the Electronic Trading Platforms and their software elements made in accordance with applicable law are subject to the terms and conditions of this Agreement. You shall ensure that all the licensors trademarks and copyright and restricted rights notices are reproduced on these copies. You shall maintain an up to up-to-date written record of the number of copies of the Electronic Trading Platforms and their software elements made by you. If we so request, you shall as soon as reasonably practical, provide to us a statement of the number and whereabouts such copies.
16.922.9. We shall have no liability to you for damage which you may suffer as a result of transmission errors, technical faults, malfunctions, and illegal intervention in network equipment, network overloads, malicious blocking of access by third parties, internet malfunctions, interruptions or other deficiencies on the part of internet service providers. You acknowledge that access to Electronic Trading Platform Platforms may be limited or unavailable due to such system errors, and that we reserve the right upon notice to suspend access to Electronic Trading Platforms for this reason.
16.1022.10. Neither we nor any third party software provider accepts any liability in respect of any delays, inaccuracies, errors or omissions in any data provided to us you in connection with an Electronic Trading platformPlatform.
16.1122.11. We do not accept any liability in respect of any delays, inaccuracies or errors in Prices quoted to you if these delays, inaccuracies or errors are caused by a third party services service providers (such as price feed providers, liquidity providers, regulated stock exchanges, other execution venues) with which we may collaborate. Our obligations in this respect relate solely to selecting such providers with proper skill and care having regard to their competencies and credentials.
16.1222.12. We shall not be obliged to execute any instruction /order / Order which has been identified or we reasonable reasonably believe was based on errors caused by delays of the system to update Prices and do not reflect the real prices in the relevant underlying market. We do not accept any liability towards executed trades that have been based and have been the result of delays as described above.
16.1322.13. We shall have no liability to you (whether in contract of in tortort, including negligence) in the event that any viruses, worms, software bombs or similar items are introduced into the system System via an Electronic Trading Platform or on any software provided by is us to you in order to enable you to use the Electronic Trading Platform, provided that we have taken reasonable steps to prevent any such matters.
16.1422.14. You shall ensure that no computer viruses, malware or similar items are introduced into our computer system or network and will indemnify us on demand for any loss that we suffer arising as a result of any such introduction.
16.1522.15. We shall not be liable for any loss, liability or cost whatsoever arising from any unauthorized use of the Electronic Trading Platforms. You shall on demand indemnify, protect and hold us harmless from and against all losses, liabilities, judgments, suits, actions, proceedings, claims, damages and costs resulting from or arising out of any act or omission by any person using an Electronic Trading Platforms by using your designated passwords or access codes whether or not you authorized such use.
16.1622.16. We shall not be liable for any act taken by or on the instruction of an exchange, clearing house, execution venue or regulatory body.
16.1722.17. We may suspend or permanently withdraw an Electronic Trading PlatformPlatforms, or change the composition, mode of operation, available availability or any
22.18. We have the right, unilaterally and with immediate effect, to suspend or withdraw permanently your ability to use any Electronic Trading Platforms, or any part thereof, without notice, where we consider it necessary or advisable to do so, for example due to your non-compliance with the Applicable Laws and Regulations, breach of any provisions of this Agreement, on the occurrence of an Event of Default, network problems, failure of power supply, for maintenance, or to protect you when there has been a breach of security. In addition, the use of an Electronic Trading Platform may be terminated automatically, upon the termination (for whatever reason) of:
a) any licence granted to use which relates to the Electronic Trading Platforms; or
b) this Agreement.
22.19. In the event of a termination of the use of an Electronic Trading Platform for any reason, upon request by us, you shall, at our option, return to us or destroy all hardware, software and documentation we have provided you in connection with such Electronic Trading Platform and any copies thereof.
22.20. The provisions of this Clause 22 apply without prejudice to any other terms of this Agreement, relating to the limitation of liability and indemnities.
22.21. Use of robots, automated trading limits by giving systems and generally algorithmic trading and high frequency algorithmic trading through our Electronic Trading Platforms (collectively “Algorithmic Trading”) is permitted only with our prior written consent.
22.22. In all cases where you 24 hours’ noticehave received our prior written consent to such Algorithmic Trading, such trading is subject to the following terms:
a) Simultaneous use of different trading devices is prohibited.
b) You are required to test software, equipment and devices prior to using them for the purposes of the trading activity. You are solely and fully responsible for any errors or failures or other consequences of any automated systems which you use.
c) Where we permit electronic communications through a customised interface, such communications will be subject to the terms and condition which apply to the use of such interface.
Appears in 1 contract
Samples: Investment Services Agreement
