Electronic Trading. Upon the electronic acceptance of the terms and conditions by the client, the client is entitled to apply for access codes to gain online access to the Company’s electronic systems and/or trading platforms, thereby being able to place orders for transactions, to either buy or sell any financial instrument available through the Company. Furthermore, the client will be able to trade on the Company’s trading platform, through the Company with the use of a personal computer, smartphone or any other similar device that is connected to the internet. In this respect, the client understands that the Company can, at its absolute discretion, terminate the client’s access to the Company’s systems in order to protect both the Company’s and clients’ interests and to ensure the systems’ effectiveness and efficiency. The client agrees that he will keep the access codes in a safe place and will not reveal them to any other person. The client will not proceed and avoid proceeding in any action that could probably allow the irregular or unauthorized access or use of the trading platform. The client agrees not to attempt to abuse the trading platform in an attempt to make illegal profits or to attempt to profit by taking advantage of the server latency or by applying practices such as price manipulation, lag trading, time manipulation. The client will make every possible effort to keep the access codes secret and known only to him and he will be liable of any orders received by the Company through his trading account under his access codes. Furthermore, any orders received by the Company will be considered as received from the client. In cases where a third person is assigned as an authorized representative to act on behalf of the client, the Company should be informed accordingly, and the client will be responsible for all orders given through and under the authorised representative’s account password. The client is responsible to monitor his account and to notify the Company immediately if it comes to his attention that his access codes are lost or being used by an unauthorized third party. Also, the client agrees to immediately notify the Company should he become aware of any failure by the client to receive a message indicating the reception and/or execution of an order, the accurate confirmation of an execution, any information for client’s account balances, positions or transactions history as well as in case the client receives confirmation of an order that he did not place. The client acknowledges that the Company may choose not to take action based on orders transmitted to the Company using electronic means other than those orders transmitted to the Company using the predetermined electronic means such as the trading platform, and the Company shall have no liability towards the client for failing to take action based on such order(s). The client agrees to use software programs developed by third parties including but not limited to the generality of those mentioned above, browser software that supports Data Security Protocols compatible with protocols used by the Company. Moreover, the client agrees to follow the access procedure (Login) of the Company that supports such protocols. The Company will not be held responsible in the event of an unauthorized access from third persons to information including, but not limited to, electronic addresses and/or personal data, through the exchange of these data between the client and the Company and/or any other party using the Internet or other network or electronic mean available. The Company is not responsible for any power cuts or failures that prevent the use of the system and/or the trading platform and cannot be responsible for not fulfilling any obligations under this Agreement because of network connection or electricity failures. In the case of such electricity / communication/ Internet failures, if the client wishes to place an order, then the alternative means of communication/placing orders will be by phone. The Company reserves the right to decline any verbal instruction in cases where its telephone recording system is not operational or in cases where the Company is not satisfied of the caller’s/client’s identity or in cases where the transaction is complicated or in cases where the connection is not good. The Company further reserves the right to ask the client to give instructions regarding the client’s transactions by other means that it deems appropriate under the circumstances. The Company shall have no liability for any potential damage the client may suffer as a result of transmission errors, technical faults, malfunctions, illegal intervention in network equipment, network overloads, viruses, system errors, delays in execution, malicious blocking of access by third parties, internet malfunctions, interruptions or other deficiencies on the part of internet service providers. The client acknowledges that access to electronic systems / trading platforms may be limited or unavailable due to such system errors, and that the Company reserves its right upon notifying the client to suspend access to electronic systems / trading platforms for this reason. The Company has the right, unilaterally and with immediate effect, to suspend or limit the client’s ability to use any electronic service, or any part of it thereof, without notice, where the Company consider it necessary or advisable to do so, for example due to the client’s non-compliance with the applicable laws, breach of any provisions of this agreement, upon the occurrence of an Event of Default, network problems, failure of power supply, for maintenance, or to protect the client when there has been a breach of security. In addition, the use of an electronic service may be terminated automatically, upon the termination (for whatever reason) of any license granted to the Company which relates to the electronic service or this agreement. The use of an electronic service may be terminated immediately if an electronic service is withdrawn by any Market or the Company is required to withdraw the facility in order to comply with applicable laws.
Appears in 5 contracts
Samples: Terms and Conditions, Terms and Conditions, Terms and Conditions
Electronic Trading. Upon the electronic acceptance of the terms and conditions by the client, the client is entitled to apply 10.1. The Company will provide you with Access Codes for access codes to gain gaining online access to the Company’s electronic systems website and/or trading platforms, thereby being able to place orders for transactions, to either buy or sell any financial instrument Financial Instrument available through from the Company and entering into Transactions with the Company. FurthermoreFurther, the client you will be able to trade on the Company’s trading platform, Trading Platforms with and through the Company with the use of a personal computer, smartphone or any other similar device that is connected to the internet. In this respect, the client understands you understand that the Company can, at its absolute discretion, terminate the client’s your access to the Company’s systems in order to protect both the Company’s and clients’ your interests and to ensure the systems’ effectiveness and efficiencyandefficiency.
10.2. The client agrees You agree that he you will keep the access codes Access Codes in a safe place chosen in your discretion and will not reveal them to any other person. The client You will not proceed and will avoid proceeding in any action that could probably allow the irregular or unauthorized access or use of the trading platformTrading Platforms.
10.3. The client agrees not You are responsible for all acts or omissions that occur within the Website through the use of your registration information. If you believe that someone has used or is using your registration information, user name or password to attempt to abuse access any Service without your authorization, you should notify the trading platform in an attempt to make illegal profits or to attempt to profit by taking advantage of the server latency or by applying practices such as price manipulation, lag trading, time manipulationCompany immediately. The client will You must make every effort possible effort to keep the access codes Access Codes secret and known only to him you and he you will be liable of any orders Orders received by the Company through his your trading account Account under his access codesyour Access Codes. FurthermoreFurther, any orders Orders received by the Company will be considered as received from the clientyou. In cases where a third person is assigned as an authorized representative to act on behalf of the clientyou, the Company should be informed accordingly, and the client you will be responsible for all orders Orders given through and under the authorised representative’s account passwordAccount Password.
10.4. The client is You are responsible to monitor his account your Account and to notify the Company immediately if it comes to his your attention that his access codes your Access Codes are lost or being used by an unauthorized third party. Also, the client agrees you agree to immediately notify the Company should he you become aware of any failure by the client you to receive a message indicating the reception and/or execution of an orderOrder, the accurate confirmation of an execution, any information for client’s account your Account balances, positions orders or transactions history as well as in case the client receives you receive confirmation of an order Order that he you did not place.
10.5. The client acknowledges You acknowledge that the Company may choose not to take action based on orders Orders transmitted to the Company using electronic means other than those orders Orders transmitted to the Company using the predetermined electronic means such as the trading platformTrading Platform, and the Company shall have no liability towards the client Client for failing to take action based on such order(s)Orders.
10.6. The client agrees You agree to use software programs developed by third parties including but not limited to the generality of those mentioned above, browser software that supports Data Security Protocols compatible with protocols used by the Company. Moreover, the client agrees you agree to follow the access procedure (Login) of the Company that supports such protocols.
10.7. The Company will not be held responsible in the event of an unauthorized access from third persons to information including, but not limited to, electronic addresses and/or personal data, through the exchange of these data between the client you and the Company and/or any other party using the Internet or other network or electronic mean means available.
10.8. The Company is not responsible for any power cuts or failures that prevent the use of the system and/or the trading platform Trading Platform and cannot be responsible for not fulfilling any obligations under this Agreement because of network connection or electricity failures. In the case of such electricity / communication/ Internet failures, if the client wishes to place an order, then the alternative means of communication/placing orders will be by phone. The Company reserves the right to decline any verbal instruction in cases where its telephone recording system is not operational or in cases where the Company is not satisfied of the caller’s/client’s identity or in cases where the transaction is complicated or in cases where the connection is not good. The Company further reserves the right to ask the client you to give instructions regarding the client’s your transactions by other means that it deems appropriate under the circumstancesappropriate.
10.9. The Company shall have no liability for any potential damage the client you may suffer as a result of transmission errors, technical faults, malfunctions, illegal intervention in network equipment, network overloads, viruses, system errors, delays in execution, malicious blocking of access by third parties, internet malfunctions, interruptions or other deficiencies on the part of internet service providers. The client acknowledges You acknowledge that access to electronic systems / systems/trading platforms may be limited or unavailable due to such system errors, and that the Company reserves its right upon notifying the client you to suspend access to electronic systems / systems/trading platforms for this reason.
10.10. In the event the Company, in its sole discretion, determines that a Transaction was affected by a substantial error or technical malfunction in any way (whether before or after the Transaction was opened), the Company may cancel, void and/or terminate the Transaction, in its sole discretion. The Company may take any such action even after the Transaction is closed and settled, thus reversing any payout already made to or from your account. You hereby acknowledge that such action may affect the balance in your account. In any such event, the Company shall provide notice to you explaining the error or malfunction and the actions taken by it.
10.11. The Company has the right, unilaterally and with immediate effect, to suspend or limit the client’s withdraw permanently your ability to use any electronic serviceElectronic Service, or any part of it thereof, without notice, where the Company consider considers it necessary or advisable to do so, for example due to the client’s your non-compliance with the applicable lawsRegulations, breach of any provisions of this agreementAgreement, upon on the occurrence of an Event of DefaultDefault (as defined in Section 40.6 hereof), network problems, failure of power supply, for maintenance, or to protect the client you when there has been a breach of security. In addition, the use of an electronic a service may be terminated automatically, upon the termination (for whatever reason) of any license granted to the Company which relates to the electronic service or this agreementAgreement. The use of an electronic a service may be terminated immediately if an electronic the service is withdrawn by any Market market or the Company is required to withdraw the facility in order to comply with applicable lawsRegulations.
Appears in 4 contracts
Samples: Terms and Conditions, Terms & Conditions, Terms & Conditions
Electronic Trading. Upon the electronic acceptance of the terms and conditions by the clientBy signing this Agreement, the client Client is entitled to apply for access codes to gain online access to codes, within the Company’s 's electronic systems and/or trading platformssystems, thereby being able in order to place orders for transactions, to either buy or sell any financial instrument available through the Company. Furthermore, the client will be able to trade on give orders for the purchase or sale of Financial Instruments with the Company’s trading platform, through a compatible Personal Computer of the Company with the use of a personal computerClient, smartphone or any other similar device that is connected to the internet. In this respect, the client The Client acknowledges and understands that the Company canreserves the right, at its absolute discretion, to terminate the client’s Client's access to the Company’s 's electronic systems or part of them in order to protect both the Company’s and clients’ interests and to ensure the systems’ effectiveness effective and efficiencyefficient operation of its systems and protect the interests of all its Clients and its own. In such cases the Company may close any or all trading accounts of the Client under. The client Client agrees and states that he will keep the access codes in a safe place the access codes and will not reveal them to any other person. The client He will not proceed and avoid proceeding in any action that could probably allow the irregular or unauthorized access or use of the trading platformElectronic System. The client Client agrees not to attempt to abuse use the trading platform in an attempt to make illegal profits or to attempt to profit abusive way by taking advantage lag trading and/or usage of the server latency or by applying practices such as latency, price manipulation, lag trading, time manipulationmanipulation and similar practices. In such a case the Company will reverse all related Client's trades and close any or all trading accounts of the Client. The client Client will make every possible effort all necessary efforts to keep the his access codes secret and known only to him and he him. Also, the Client will be liable of for all orders given through and under his access codes and any such orders received by the Company through his trading account under his access codes. Furthermore, any orders received by the Company company will be considered as received from by the clientClient. In cases where a third person is assigned as an authorized representative to act on behalf of the clientClient, the Company should be informed accordingly, and the client Client will be responsible for all orders given through and under the authorised representative’s account password's access codes. The client is responsible to monitor his account and Client undertakes to notify the Company immediately if it comes to his attention that his access codes are lost or being used by an unauthorized third party. Also, the client agrees to immediately notify the Company should he become aware of any failure by the client to receive a message indicating the reception and/or execution of an order, the accurate confirmation of an execution, any information for client’s account balances, positions or transactions history as well as in case the client receives confirmation of an order that he did not placeunauthorized. The client Client acknowledges that the Company may choose will not to take action based on orders transmitted to the Company using electronic means other than those orders transmitted to the Company using the predetermined electronic means such as the trading platform, and the Company shall have no liability towards the client for failing to take action based on such order(s)means. The client Client agrees to use software programs developed by third parties including but not limited to the generality of those mentioned above, browser software that supports Data Security Protocols compatible with protocols used by the Company. Moreover, the client Client agrees to follow the access procedure (Login) of the Company for Electronic Services that supports support such protocols. The Client acknowledges that the Company will not be held responsible in the event of an bears no responsibility if unauthorized access from third persons have access to information includinginformation, but not limited toincluding electronic addresses, electronic addresses and/or communication and personal data, through when the exchange of these data above are transmitted between the client Client and the Company and/or or any other party party, using the Internet internet or other network communication facilities, telephone, or any other electronic mean availablemeans. The Company is not an Internet Service Provider nor is responsible for any power cuts or electricity failures that prevent the use of the system and/or the trading platform and cannot be responsible for not fulfilling any obligations under this Agreement agreement because of network the internet connection or electricity failures. In the case of such electricity / communication/ Internet failures, if and the client Client wishes to place an orderexecute a position, then he must telephone our operators on the alternative means of communication/placing orders will be by phonephone line and give a verbal instruction. The Company reserves the right to decline any verbal instruction in cases where its telephone recording system is not operational or in cases where the Company is not satisfied of the caller’scaller's/client’s Client's identity or in cases where the transaction is complicated or in cases where the connection is not good. The Company further complicated, and reserves the right to ask the client to give instructions regarding the client’s transactions by other means means. The Client acknowledges that it deems appropriate under the circumstancesCompany bears no responsibility for any loss of the Client due to inability of the Client to access the Company's Trading Platform if this inability was (1) a result of the Client's failure to keep the Trading Platform software provided to the Client up to date with all necessary updates and upgrades, (2) caused by any other mechanical, software, computer, telecommunications or other electronic systems failure in the control of the Client or the Company. The Company shall have no liability is responsible to keep its Trading Platform and other electronic system used with the latest updates and upgrades originated from the relevant software/hardware provider and perform any necessary restarts of the Company's Servers which are either under the Company's control or not, in order to ensure the efficient and effective operation of its electronic system. These actions may cause any electronic system including the Company's Trading Platform being inaccessible by the Client for any potential damage the client may suffer as a result period of transmission errors, technical faults, malfunctions, illegal intervention in network equipment, network overloads, viruses, system errors, delays in execution, malicious blocking of access by third parties, internet malfunctions, interruptions or other deficiencies on the part of internet service providerstime. The client acknowledges that access to electronic systems / trading platforms may be limited or unavailable due to such system errors, and Client acknowledge that the Company reserves its right upon notifying bears no responsibility for any loss of the client to suspend access to electronic systems / trading platforms for this reason. The Company has the right, unilaterally and with immediate effect, to suspend or limit the client’s ability to use any electronic service, or any part of it thereof, without notice, where the Company consider it necessary or advisable to do so, for example Clients caused due to the client’s non-compliance with the applicable laws, breach of actions described herein or any provisions of this agreement, upon the occurrence of an Event of Default, network problems, failure of power supply, for maintenance, or to protect the client when there has been a breach of security. In addition, the use of an electronic service may be terminated automatically, upon the termination (for whatever reason) of any license granted to the Company which relates to the electronic service or this agreement. The use of an electronic service may be terminated immediately if an electronic service is withdrawn by any Market or the Company is required to withdraw the facility in order to comply with applicable lawsother maintains action.
Appears in 2 contracts
Samples: Terms and Conditions, Terms and Conditions
Electronic Trading. Upon the electronic acceptance of the terms and conditions by the clienta) By accepting this Agreement, the client Client is entitled to apply for access codes Access Codes to gain online access to the Company’s electronic systems and/or trading platforms, thereby being able to place orders for transactions, transactions to either buy or sell any financial instrument Financial Instrument available through from the Company. Furthermore.
b) Further, the client Client will be able to trade on the Company’s trading platform, Trading Platform with and through the Company with the use of a personal computerPersonal Computer, smartphone or any other similar device that is connected to the internet. In this respect, the client Client understands that the Company can, at its absolute discretion, terminate the clientClient’s access to the Company’s systems in order to protect both the Company’s and clients’ interests and to ensure the systems’ effectiveness and efficiency.
1. The client Client agrees that he he/she will keep the access codes Access Codes in a safe place chosen in his/her discretion and will not reveal them to any other person. The client Client will not proceed and avoid proceeding in any action that could probably allow the irregular or unauthorized access or use of the trading platformTrading Platform.
2. The client Client agrees not to attempt to abuse the trading platform Trading Platform in an attempt to make illegal profits or to attempt to profit by taking advantage of the server latency latency, or by applying practices such as price manipulation, lag trading, time manipulationmanipulation or any form of Abusive Trading.
3. The client Client will make every effort possible effort to keep the access codes Access Codes secret and known only to him and he will be liable of any orders Orders received by the Company through his trading account Account under his access codesAccess Codes. FurthermoreFurther, any orders Orders received by the Company will be considered as received from the clientClient. In cases where a third person is assigned as an authorized representative to act on behalf of the clientClient, the Company should be informed accordingly, and the client Client will be responsible for all orders Orders given through and under the authorised representative’s account passwordAccount Password.
4. The client Client is responsible to monitor his account Account and to notify the Company immediately if it comes to his attention that his access codes Access Codes are lost or being used by an unauthorized third party. Also, the client Client agrees to immediately notify the Company should he become aware of any failure by the client Client to receive a message indicating the reception and/or execution of an orderOrder, the accurate confirmation of an execution, any information for clientClient’s account Account balances, positions or transactions history as well as in case the client Client receives confirmation of an order Order that he did not place.
5. The client Client acknowledges that the Company may choose not to take action based on orders Orders transmitted to the Company using electronic means other than those orders Orders transmitted to the Company theCompany using the predetermined electronic means such as the trading platformTrading Platform, and the Company shall have no liability towards the client Client for failing to take action based on such order(s)Orders.
6. The client Client agrees to use software programs developed by third parties including but not limited to the generality of those mentioned above, browser software that supports Data Security Protocols compatible with protocols used by the Company. Moreover, the client Client agrees to follow the access procedure (Login) of the Company that supports such protocols.
7. It is absolutely prohibited for the Client to take any of the following actions in relation to the Company’s systems and/or Platform(s) and/or Client Account:
a. Use, without the prior and written consent of the Company, of any software, which applies artificial intelligence analysis to the Company’s systems and/or Platform(s) and/or Client Account.
b. Intercept, monitor, damage or modify any communication which is not intended for him.
c. Use any type of spider, virus, worm, Trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the Platform(s) or the communication system or any system of the Company.
d. Send any unsolicited commercial communication not permitted under applicable law or Applicable Regulations. Do anything that will or may violate the integrity of the Company computer system or Platform(s) or cause such system(s) to malfunction or stop their operation.
e. Unlawfully access or attempt to gain access, reverse engineer or otherwise circumvent any security measures that the Company has applied to the Platform(s).
f. Do any action that could potentially allow the irregular or unauthorised access or use of the Platform(s).
g. Send massive requests on the server which may cause delays in the execution time
h. Abusive Trading.
8. Should the Company reasonably suspect that the Client has violated the terms of the above paragraph, it is entitled to take one or more of the measures of Events of Default of this Client Agreement. The Company will not be held responsible in the event of an unauthorized access from third persons to information including, but not limited to, electronic addresses and/or personal data, through the exchange of these data between the client Client and the Company and/or any other party using the Internet or other network or electronic mean available. The Company is not responsible for any power cuts or failures that prevent the use of the system and/or the trading platform and cannot be responsible for not fulfilling any obligations under this Agreement because of network connection or electricity failures. In the case of such electricity / communication/ Internet failures, if the client wishes to place an order, then the alternative means of communication/placing orders will be by phone. The Company reserves the right to decline any verbal instruction in cases where its telephone recording system is not operational or in cases where the Company is not satisfied of the caller’s/client’s identity or in cases where the transaction is complicated or in cases where the connection is not good. The Company further reserves the right to ask the client to give instructions regarding the client’s transactions by other means that it deems appropriate under the circumstances. The Company shall have no liability for any potential damage the client may suffer as a result of transmission errors, technical faults, malfunctions, illegal intervention in network equipment, network overloads, viruses, system errors, delays in execution, malicious blocking of access by third parties, internet malfunctions, interruptions or other deficiencies on the part of internet service providers. The client acknowledges that access to electronic systems / trading platforms may be limited or unavailable due to such system errors, and that the Company reserves its right upon notifying the client to suspend access to electronic systems / trading platforms for this reason. The Company has the right, unilaterally and with immediate effect, to suspend or limit the client’s ability to use any electronic service, or any part of it thereof, without notice, where the Company consider it necessary or advisable to do so, for example due to the client’s non-compliance with the applicable laws, breach of any provisions of this agreement, upon the occurrence of an Event of Default, network problems, failure of power supply, for maintenance, or to protect the client when there has been a breach of security. In addition, the use of an electronic service may be terminated automatically, upon the termination (for whatever reason) of any license granted to the Company which relates to the electronic service or this agreement. The use of an electronic service may be terminated immediately if an electronic service is withdrawn by any Market or the Company is required to withdraw the facility in order to comply with applicable laws.
Appears in 2 contracts
Samples: User Agreement, User Agreement
Electronic Trading. Upon the electronic acceptance of the terms and conditions by the client7.1 By signing this Agreement, the client Client is entitled to apply for access codes codes, within the Company‘s electronic systems, in order to gain online access to the Company’s electronic systems and/or trading platforms, thereby being able to place orders for transactions, to either buy or sell any financial instrument available through the Company. Furthermore, the client will be able to trade on give orders for the purchase or sale of Financial Instruments with the Company’s trading platform, through a compatible Personal Computer of the Company with the use of a personal computerClient, smartphone or any other similar device that is connected to the internet. In this respect, the client The Client acknowledges and understands that the Company canreserves the right, at its absolute discretion, to terminate the client’s Client‘s access to the Company’s Company‘s electronic systems or part of them in order to protect both the Company’s and clients’ interests and to ensure the systems’ effectiveness effective and efficiencyefficient operation of its systems and protect the interests of all its Clients and its own. In such cases, the Company may close any or all trading accounts of the Client under paragraph 18.6.
7.2 The client Client agrees and states that he will keep the access codes in a safe place the access codes and will not reveal them to any other person. The client He will not proceed and avoid proceeding in any action that could probably may allow the an irregular or unauthorized access or use of the trading platform. Electronic System.
7.3 The client agrees not to attempt to abuse the trading platform in an attempt to make illegal profits or to attempt to profit by taking advantage of the server latency or by applying practices such as price manipulation, lag trading, time manipulation. The client Client will make every possible effort all necessary efforts to keep the his access codes secret and known only to him and he him. Also, the Client will be liable of any for all orders received by the Company given through his trading account and under his access codes. Furthermore, codes and any such orders received by the Company will be considered as received from submitted by the clientClient. In cases where a third person is assigned as an authorized representative to act on behalf of the clientClient, the Company should be informed accordingly, and the client Client will be responsible for all orders given through and under the authorised representative’s account password. access codes.
7.4 The client is responsible to monitor his account and Client undertakes to notify the Company immediately if it comes to his attention that his access codes are lost or being used by an unauthorized third party. Also, the client agrees to immediately notify the Company should he become aware of any failure by the client to receive a message indicating the reception and/or execution of an order, the accurate confirmation of an execution, any information for client’s account balances, positions or transactions history as well as in case the client receives confirmation of an order that he did not place. unauthorized.
7.5 The client Client acknowledges that the Company may choose will not to take action based on orders transmitted to the Company using electronic means other than those orders transmitted to the Company using the predetermined electronic means such as the trading platform, and the Company shall have no liability towards the client for failing to take action based on such order(s). means.
7.6 The client Client agrees to use software programs developed by third parties including but not limited to the generality of those mentioned abovethird-parties, browser software that supports Data Security Protocols compatible with protocols used by the Company. Moreover, the client Client agrees to follow the access procedure (Login) of the Company for Electronic Services that supports support such protocols. .
7.7 The Client acknowledges that the Company will not be held responsible in the event of an bears no responsibility if unauthorized access from third persons have access to information includinginformation, but not limited toincluding electronic addresses, electronic addresses and/or communication and personal data, through when the exchange of these data above are transmitted between the client Client and the Company and/or or any other party party, using the Internet internet or other network communication facilities, telephone, or any other electronic mean means.
7.8 The Client acknowledges that the Company bears no responsibility for any loss of the Client due to the inability of the Client to access the Company's Trading Platform(s) if this inability was:
(a) a result of the Client’s failure to keep the Trading Platform software provided to the Client up to date with all necessary updates and upgrades;
(b) caused by any other mechanical, software, computer, telecommunications or other electronic systems failure outside of the control of the Client or the Company.
7.9 The Client understands and agrees that the Platform services are provided by third party, “as is”, "as available", without warranty of any kind by the system provider, express, implied or statutory (including, without limitation, timeliness, sequence, completeness, accuracy, or freedom from interruption), any implied warranties arising from trade usage, course of dealing or course of performance, or the implied warranties of merchantability, fitness, for a particular purpose, title and Non-infringement. The entire risk as to the quality and performance of the services offered through the Trading System is with the Client.
7.10 Furthermore, there is no representation by the Company that such services or any information provided in connection therewith, will meet the Client’s requirements, be error free, or operate without interruption. The Company, its broker/dealer, and its clearing broker rely upon sophisticated computer software and hardware to execute transactions, which are subject to failure due to a variety of factors. In addition, the exchanges, such as NASDAQ and the electronic communication networks (“ECN”) have computer systems that sometimes malfunction. The Client understands that among other events, the Client may experience losses due to system crashes during both peak and low volume periods, the loss of orders and delayed, conflicting and inaccurate confirmations on orders or cancellations that initiated by the Client, without any liability of the Company.
7.11 The Client hereby accepts, consents, agrees, and acknowledges that in the remote case(s) of any Company platform trading malfunction, the Company at its sole discretion, may either reverse any or all types of previous transactions performed by the Client in any of his trading accounts, irrespective of whether this trading activity is resulting in profits and/or losses, as the case may be, for the Client and/or credit and/or debit, as the case may be, the Client’s trading account for the said profit and/or loss.
7.12 The Company is not an Internet Service Provider, nor is responsible for any power cuts or electricity failures that prevent the use of the system and/or the trading platform and cannot be responsible for not fulfilling any obligations under this Agreement agreement because of network the internet connection or electricity failures. In the case of such electricity / communication/ Internet failuresfailures and If the Client wishes to execute a position, if the client wishes to place an order, then must telephone our operators on the alternative means of communication/placing orders will be by phonephone line +000 00-000000 and give them verbal instructions. The Company reserves the right to decline any verbal instruction instructions in cases where its telephone recording system is not operational or in cases where the Company is not satisfied of the caller’s/clientClient’s identity or in cases where the transaction is complicated or in cases where the connection is not good. The Company further and reserves the right to ask the client Client to give instructions regarding the client’s transactions by other means that it deems appropriate means.
7.12 The Client agrees not to use the platforms in an abusive way by lag trading and/or usage of server latency, price manipulation, and similar practices which fall under the circumstancesdefinition of market abuse. The Company shall have no liability for any potential damage the client Such practices may suffer as a result of transmission errorsinclude, technical faultsbut not limited to, malfunctions, illegal intervention in network equipment, network overloads, viruses, system errors, delays in execution, malicious blocking of access by third parties, internet malfunctions, interruptions or other deficiencies on the part of internet service providers. The client acknowledges that access to electronic systems / trading platforms may be limited or unavailable due to such system errors, and that the Company reserves its right upon notifying the client to suspend access to electronic systems / trading platforms for this reason. The Company has the right, unilaterally and with immediate effect, to suspend or limit the client’s ability to use any electronic service, or any part of it thereof, without notice, where the Company consider it necessary or advisable to do so, for example due to the client’s non-compliance with the applicable laws, breach of any provisions of this agreement, upon the occurrence of an Event of Default, network problems, failure of power supply, for maintenance, or to protect the client when there has been a breach of security. In additionxxxxxxx xxxxxxx, the use misuse of an electronic service may be terminated automatically, upon the termination (for whatever reason) information and directors trading in shares of any license granted to the Company which relates to the electronic service or this agreementtheir own companies. The use of an electronic service any high frequency trading, scalping, automated data entry or automated trading will only be permitted with our prior written consent. Accordingly, a significant number of trades within short duration may be terminated immediately if an electronic service is withdrawn by any Market or the Company is required to withdraw the facility in order to comply with applicable lawsdeemed as market abuse.
Appears in 2 contracts
Samples: Investment Services Agreement, Investment Services Agreement
Electronic Trading. Upon the electronic acceptance of the terms and conditions by the clienta) By accepting this Agreement, the client Client is entitled to apply for access codes Access Codes to gain online access to the Company’s electronic systems and/or trading platforms, thereby being able to place orders for transactions, to either buy or sell any financial instrument available through the Company. Furthermoreonline
b) Further, the client Client will be able to trade on the Company’s trading platform, Trading Platform with and through the Company with the use of a personal computerPersonal Computer, smartphone or any other similar device that is connected to the internet. In this respect, the client Client understands that the Company can, at its absolute discretion, terminate the clientClient’s access to the Company’s systems in order to protect both the Company’s and clients’ interests and to ensure the systems’ effectiveness and efficiency.
1. The client Client agrees that he he/she will keep the access codes Access Codes in a safe place chosen in his/her discretion and will not reveal them to any other person. The client Client will not proceed and avoid proceeding in any action that could probably allow the irregular or unauthorized access or use of the trading platformTrading Platform.
2. The client Client agrees not to attempt to abuse the trading platform Trading Platform in an attempt to make illegal profits or to attempt to profit by taking advantage of the server latency latency, or by applying practices such as price manipulation, lag trading, time manipulationmanipulation or any form of Abusive Trading.
3. The client Client will make every effort possible effort to keep the access codes Access Codes secret and known only to him and he will be liable of any orders Orders received by the Company through his trading account Account under his access codesAccess Codes. FurthermoreFurther, any orders Orders received by the Company will be considered as received from the clientClient. In cases where a third person is assigned as an authorized representative to act on behalf of the clientClient, the Company should be informed accordingly, and the client Client will be responsible for all orders Orders given through and under the authorised representative’s account passwordAccount Password.
4. The client Client is responsible to monitor his account Account and to notify the Company immediately if it comes to his attention that his access codes Access Codes are lost or being used by an unauthorized third party. Also, the client Client agrees to immediately notify the Company should he become aware of any failure by the client Client to receive a message indicating the reception and/or execution of an orderOrder, the accurate confirmation of an execution, any information for clientClient’s account Account balances, positions or transactions history as well as in case the client Client receives confirmation of an order Order that he did not place.
5. The client Client acknowledges that the Company may choose not to take action based on orders Orders transmitted to the Company using electronic means other than those orders transmitted to Orders transmittedto the Company using the predetermined electronic means such as the trading platformTrading Platform, and the Company shall have no liability towards the client Client for failing to take action based on such order(s)Orders.
6. The client Client agrees to use software programs developed by third parties including but not limited to the generality of those mentioned above, browser software that supports Data Security Protocols compatible with protocols used by the Company. Moreover, the client Client agrees to follow the access procedure (Login) of the Company that supports such protocols.
7. It is absolutely prohibited for the Client to take any of the following actions in relation to the Company’s systems and/or Platform(s) and/or Client Account:
a. Use, without the prior and written consent of the Company, of any software, which applies artificial intelligence analysis to the Company’s systems and/or Platform(s) and/or Client Account.
b. Intercept, monitor, damage or modify any communication which is not intended for him.
c. Use any type of spider, virus, worm, Trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the Platform(s) or the communication system or any system of the Company.
d. Send any unsolicited commercial communication not permitted under applicable law or Applicable Regulations. Do anything that will or may violate the integrity of the Company computer system or Platform(s) or cause such system(s) to malfunction or stop their operation.
e. Unlawfully access or attempt to gain access, reverse engineer or otherwise circumvent any security measures that the Company has applied to the Platform(s).
f. Do any action that could potentially allow the irregular or unauthorised access or use of the Platform(s).
g. Send massive requests on the server which may cause delays in the execution time
h. Abusive Trading.
8. Should the Company reasonably suspect that the Client has violated the terms of the above paragraph, it is entitled to take one or more of the measures of Events of Default of this Client Agreement. The Company will not be held responsible in the event of an unauthorized access from third persons to information including, but not limited to, electronic addresses and/or personal data, through the exchange of these data between the client Client and the Company and/or any other party using the Internet or other network or electronic mean available. The Company is not responsible for any power cuts or failures that prevent the use of the system and/or the trading platform Trading Platform and cannot be responsible for not fulfilling any obligations under this Agreement because of network connection or electricity failures. In the case of such electricity / communication/ Internet failures, if the client Client wishes to place an orderOrder, then the alternative means of communicationcommunications/placing orders will be by phone, or by submitting their trade orders to the Dealing Room Department in writing to xxxxxxx@xxxxxx.xxxxxxxx.xxx. The Company reserves the right to decline any verbal instruction in cases where its telephone recording system is not operational or in cases where the Company is not satisfied of the caller’s/clientClient’s identity or in cases where the transaction is complicated or in cases where the connection quality of the line is not goodpoor. The Company further reserves the right to ask the client Client to give instructions regarding the clientClient’s transactions by other means that it deems appropriate under the circumstancesappropriate. The Company shall have no liability for any potential damage the client Client may suffer as a result of transmission errors, technical faults, malfunctions, illegal intervention in network equipment, network overloads, viruses, system errors, delays in execution, malicious blocking of access by third parties, internet malfunctions, interruptions or other deficiencies on the part of internet service providers. The client Client acknowledges that access to electronic systems / trading platforms may be limited or unavailable due to such system errors, and that the Company reserves its right upon notifying the client Client to suspend access to electronic systems / trading platforms for this reason. The Company has the right, unilaterally and with immediate effect, to suspend or limit the clientwithdraw permanently Client’s ability to use any electronic serviceElectronic Service, or any part of it thereof, without notice, where the Company consider it necessary or advisable to do so, for example due to the clientClient’s non-non- compliance with the applicable lawsApplicable Regulations, breach of any provisions of this agreementAgreement, upon on the occurrence of an Event of Default, network problems, failure of power supply, for maintenance, or to protect the client Client when there has been a breach of security. In addition, the use of an electronic service Electronic Service may be terminated automatically, upon the termination (for whatever reason) of any license granted to the Company which relates to the electronic service Electronic Service; or this agreementAgreement. The use of an electronic service Electronic Service may be terminated immediately if an electronic service Electronic Service is withdrawn by any Market or the Company is required to withdraw the facility in order to comply with applicable lawsApplicable Regulations.
Appears in 1 contract
Samples: User Agreement
Electronic Trading. Upon the electronic acceptance of the terms and conditions by the client9.1. By accepting this Agreement, the client Client is entitled to apply for access codes Access Codes to gain online access to the Company’s electronic systems and/or trading platforms, thereby being able to place orders for transactions, transactions to either buy or sell any financial instrument Financial Instrument available through from the Company.
9.2. FurthermoreFurther, the client Client will be able to trade on the Company’s trading platform, Trading Platform with and through the Company with the use of a personal computerPersonal Computer, smartphone or any other similar device that is connected to the internet. In this respect, the client Client understands that the Company can, at its absolute discretion, terminate the clientClient’s access to the Company’s systems in order to protect both the Company’s and clients’ interests and to ensure the systems’ effectiveness and efficiency.
9.3. The client Client agrees and declares that:
a) The Client agrees that he he/she will keep the access codes Access Codes in a safe place chosen in his/her discretion and will not reveal them to any other person. The client Client will not proceed and avoid proceeding in any action that could probably allow the irregular or unauthorized access or use of the trading platform. Trading Platform.
b) The client Client agrees not to attempt to abuse the trading platform Trading Platform in an attempt to make illegal profits or to attempt to profit by taking advantage of the server latency latency, or by applying practices such as price manipulation, lag trading, time manipulation. manipulation or any form of Abusive Trading.
c) The client Client will make every effort possible effort to keep the access codes Access Codes secret and known only to him and he will be liable of any orders Orders received by the Company through his trading account Account under his access codesAccess Codes. FurthermoreFurther, any orders Orders received by the Company will be considered as received from the clientClient. In cases where a third person is assigned as an authorized representative to act on behalf of the clientClient, the Company should be informed accordingly, and the client Client will be responsible for all orders Orders given through and under the authorised representative’s account password. Account Password.
d) The client Client is responsible to monitor his account Account and to notify the Company immediately if it comes to his attention that his access codes Access Codes are lost or being used by an unauthorized third party. Also, the client Client agrees to immediately notify the Company should he become aware of any failure by the client Client to receive a message indicating the reception and/or execution of an orderOrder, the accurate confirmation of an execution, any information for clientClient’s account Account balances, positions or transactions history as well as in case the client Client receives confirmation of an order Order that he did not place. .
e) The client Client acknowledges that the Company may choose not to take action based on orders Orders transmitted to the Company using electronic means other than those orders Orders transmitted to the Company using the predetermined electronic means such as the trading platformTrading Platform, and the Company shall have no liability towards the client Client for failing to take action based on such order(s). Orders.
f) The client Client agrees to use software programs developed by third parties including but not limited to the generality of those mentioned above, browser software that supports Data Security Protocols compatible with protocols used by the Company. Moreover, the client Client agrees to follow the access procedure (Login) of the Company that supports such protocols.
g) It is absolutely prohibited for the Client to take any of the following actions in relation to the Company’s systems and/or Platform(s) and/or Client Account:
i. Use, without the prior and written consent of the Company, of any software, which applies artificial intelligence analysis to the Company’s systems and/or Platform(s) and/or Client Account.
ii. Intercept, monitor, damage or modify any communication which is not intended for him.
iii. Use any type of spider, virus, worm, Trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the Platform(s) or the communication system or any system of the Company.
iv. Send any unsolicited commercial communication not permitted under applicable law or Applicable Regulations.
v. Do anything that will or may violate the integrity of the Company computer system or Platform(s) or cause such system(s) to malfunction or stop their operation.
vi. Unlawfully access or attempt to gain access, reverse engineer or otherwise circumvent any security measures that the Company has applied to the Platform(s).
vii. Do any action that could potentially allow the irregular or unauthorised access or use of the Platform(s).
viii. Send massive requests on the server which may cause delays in the execution time
ix. Abusive Trading.
h) Should the Company reasonably suspect that the Client has violated the terms of the above paragraph, it is entitled to take one or more of the measures of Events of Default of this Client Agreement.
9.4. The Company will not be held responsible in the event of an unauthorized access from third persons to information including, but not limited to, electronic addresses and/or personal data, through the exchange of these data between the client Client and the Company and/or any other party using the Internet or other network or electronic mean available.
9.5. The Company is not responsible for any power cuts or failures that prevent the use of the system and/or the trading platform Trading Platform and cannot be responsible for not fulfilling any obligations under this Agreement because of network connection or electricity failures. In the case of such electricity / communication/ Internet failures, if the client Client wishes to place an orderOrder, then the alternative means of communicationcommunications/placing orders will be by phone, or by submitting their trade orders to the Dealing Room Department in writing to xxxxxxx@xxxxxxxxxxxx.xx. The Company reserves the right to decline any verbal instruction in cases where its telephone recording system is not operational or in cases where the Company is not satisfied of the caller’s/clientClient’s identity or in cases where the transaction is complicated or in cases where the connection quality of the line is not goodpoor. The Company further reserves the right to ask the client Client to give instructions regarding the clientClient’s transactions by other means that it deems appropriate under the circumstancesappropriate.
9.6. The Company shall have no liability for any potential damage the client Client may suffer as a result of transmission errors, technical faults, malfunctions, illegal intervention in network equipment, network overloads, viruses, system errors, delays in execution, malicious blocking of access by third parties, internet malfunctions, interruptions or other deficiencies on the part of internet service providers. The client Client acknowledges that access to electronic systems / trading platforms may be limited or unavailable due to such system errors, and that the Company reserves its right upon notifying the client Client to suspend access to electronic systems / trading platforms for this reason.
9.7. The Company has the right, unilaterally and with immediate effect, to suspend or limit the clientwithdraw permanently Client’s ability to use any electronic serviceElectronic Service, or any part of it thereof, without notice, where the Company consider it necessary or advisable to do so, for example due to the clientClient’s non-non- compliance with the applicable lawsApplicable Regulations, breach of any provisions of this agreementAgreement, upon on the occurrence of an Event of Default, network problems, failure of power supply, for maintenance, or to protect the client Client when there has been a breach of security.
9.8. In addition, the use of an electronic service Electronic Service may be terminated automatically, upon the termination (for whatever reason) of any license granted to the Company which relates to the electronic service Electronic Service; or this agreementAgreement. The use of an electronic service Electronic Service may be terminated immediately if an electronic service Electronic Service is withdrawn by any Market or the Company is required to withdraw the facility in order to comply with applicable lawsApplicable Regulations.
Appears in 1 contract
Samples: User Agreement
Electronic Trading. Upon the electronic acceptance of the terms and conditions by the clienta) By accepting this Agreement, the client Client is entitled to apply for access codes Access Codes to gain online access to the Company’s electronic systems and/or trading platforms, thereby being able to place orders for transactions, transactions to either buy or sell any financial instrument Financial Instrument available through from the Company. Furthermore.
b) Further, the client Client will be able to trade on the Company’s trading platform, Trading Platform with and through the Company with the use of a personal computerPersonal Computer, smartphone or any other similar device that is connected to the internet. In this respect, the client Client understands that the Company can, at its absolute discretion, terminate the clientClient’s access to the Company’s systems in order to protect both the Company’s and clients’ interests and to ensure the systems’ effectiveness and efficiency.
1. The client Client agrees that he he/she will keep the access codes Access Codes in a safe place chosen in his/her discretion and will not reveal them to any other person. The client Client will not proceed and avoid proceeding in any action that could probably allow the irregular or unauthorized access or use of the trading platformTrading Platform.
2. The client Client agrees not to attempt to abuse the trading platform Trading Platform in an attempt to make illegal profits or to attempt to profit by taking advantage of the server latency latency, or by applying practices such as price manipulation, lag trading, time manipulationmanipulation or any form of Abusive Trading.
3. The client Client will make every effort possible effort to keep the access codes Access Codes secret and known only to him and he will be liable of any orders Orders received by the Company through his trading account Account under his access codesAccess Codes. FurthermoreFurther, any orders Orders received by the Company will be considered as received from the clientClient. In cases where a third person is assigned as an authorized representative to act on behalf of the clientClient, the Company should be informed accordingly, and the client Client will be responsible for all orders Orders given through and under the authorised representative’s account passwordAccount Password.
4. The client Client is responsible to monitor his account Account and to notify the Company immediately if it comes to his attention that his access codes Access Codes are lost or being used by an unauthorized third party. Also, the client Client agrees to immediately notify the Company should he become aware of any failure by the client Client to receive a message indicating the reception and/or execution of an orderOrder, the accurate confirmation of an execution, any information for clientClient’s account Account balances, positions or transactions history as well as in case the client Client receives confirmation of an order Order that he did not place.
5. The client Client acknowledges that the Company may choose not to take action based on orders Orders transmitted to the Company using electronic means other than those orders Orders transmitted to the Company using the predetermined electronic means such as the trading platformTrading Platform, and the Company shall have no liability towards the client Client for failing to take action based on such order(s)Orders.
6. The client Client agrees to use software programs developed by third parties including but not limited to the generality of those mentioned above, browser software that supports Data Security Protocols compatible with protocols used by the Company. Moreover, the client Client agrees to follow the access procedure (Login) of the Company that supports such protocols.
7. It is absolutely prohibited for the Client to take any of the following actions in relation to the Company’s systems and/or Platform(s) and/or Client Account:
a. Use, without the prior and written consent of the Company, of any software, which applies artificial intelligence analysis to the Company’s systems and/or Platform(s) and/or Client Account.
b. Intercept, monitor, damage or modify any communication which is not intended for him.
c. Use any type of spider, virus, worm, Trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the Platform(s) or the communication system or any system of the Company.
d. Send any unsolicited commercial communication not permitted under applicable law or Applicable Regulations. Do anything that will or may violate the integrity of the Company computer system or Platform(s) or cause such system(s) to malfunction or stop their operation.
e. Unlawfully access or attempt to gain access, reverse engineer or otherwise circumvent any security measures that the Company has applied to the Platform(s).
f. Do any action that could potentially allow the irregular or unauthorised access or use of the Platform(s).
g. Send massive requests on the server which may cause delays in the execution time
h. Abusive Trading.
8. Should the Company reasonably suspect that the Client has violated the terms of the above paragraph, it is entitled to take one or more of the measures of Events of Default of this Client Agreement. The Company will not be held responsible in the event of an unauthorized access from third persons to information including, but not limited to, electronic addresses and/or personal data, through the exchange of these data between the client Client and the Company and/or any other party using the Internet or other network or electronic mean available. The Company is not responsible for any power cuts or failures that prevent the use of the system and/or the trading platform and cannot be responsible for not fulfilling any obligations under this Agreement because of network connection or electricity failures. In the case of such electricity / communication/ Internet failures, if the client wishes to place an order, then the alternative means of communication/placing orders will be by phone. The Company reserves the right to decline any verbal instruction in cases where its telephone recording system is not operational or in cases where the Company is not satisfied of the caller’s/client’s identity or in cases where the transaction is complicated or in cases where the connection is not good. The Company further reserves the right to ask the client to give instructions regarding the client’s transactions by other means that it deems appropriate under the circumstances. The Company shall have no liability for any potential damage the client may suffer as a result of transmission errors, technical faults, malfunctions, illegal intervention in network equipment, network overloads, viruses, system errors, delays in execution, malicious blocking of access by third parties, internet malfunctions, interruptions or other deficiencies on the part of internet service providers. The client acknowledges that access to electronic systems / trading platforms may be limited or unavailable due to such system errors, and that the Company reserves its right upon notifying the client to suspend access to electronic systems / trading platforms for this reason. The Company has the right, unilaterally and with immediate effect, to suspend or limit the client’s ability to use any electronic service, or any part of it thereof, without notice, where the Company consider it necessary or advisable to do so, for example due to the client’s non-compliance with the applicable laws, breach of any provisions of this agreement, upon the occurrence of an Event of Default, network problems, failure of power supply, for maintenance, or to protect the client when there has been a breach of security. In addition, the use of an electronic service may be terminated automatically, upon the termination (for whatever reason) of any license granted to the Company which relates to the electronic service or this agreement. The use of an electronic service may be terminated immediately if an electronic service is withdrawn by any Market or the Company is required to withdraw the facility in order to comply with applicable laws.
Appears in 1 contract
Samples: User Agreement
Electronic Trading. Upon the electronic acceptance of the terms and conditions by the clientBy accepting this Agreement, the client Client is entitled to apply for access codes Access Codes to gain online access to the Company’s electronic systems and/or trading platforms, thereby being able to place orders for transactions, transactions to either buy or sell any financial instrument Financial Instrument available through from the Company. FurthermoreFurther, the client Client will be able to trade on the Company’s trading platform, Trading Platform with and through the Company with the use of a personal computerPersonal Computer, smartphone or any other similar device that is connected to the internet. In this respect, the client Client understands that the Company can, at its absolute discretion, terminate the clientClient’s access to the Company’s systems in order to protect both the Company’s and clients’ interests and to ensure the systems’ effectiveness and efficiency. The client Client agrees and declares that:
1. The Client agrees that he he/she will keep the access codes Access Codes in a safe place chosen in his/her discretion and will not reveal them to any other person. The client Client will not proceed and avoid proceeding in any action that could probably allow the irregular or unauthorized access or use of the trading platformTrading Platform.
2. The client Client agrees not to attempt to abuse the trading platform Trading Platform in an attempt to make illegal profits or to attempt to profit by taking advantage of the server latency latency, or by applying practices such as price manipulation, lag trading, time manipulation.
3. The client Client will make every effort possible effort to keep the access codes Access Codes secret and known only to him and he will be liable of any orders Orders received by the Company through his trading account Account under his access codesAccess Codes. FurthermoreFurther, any orders Orders received by the Company will be considered as received from the clientClient. In cases where a third person is assigned as an authorized representative to act on behalf of the clientClient, the Company should be informed accordingly, and the client Client will be responsible for all orders Orders given through and under the authorised representative’s account passwordAccount Password.
4. The client Client is responsible to monitor his account Account and to notify the Company immediately if it comes to his attention that his access codes Access Codes are lost or being used by an unauthorized third party. Also, the client Client agrees to immediately notify the Company should he become aware of any failure by the client Client to receive a message indicating the reception and/or execution of an orderOrder, the accurate confirmation of an execution, any information for clientClient’s account Account balances, positions or transactions history as well as in case the client Client receives confirmation of an order Order that he did not place.
5. The client Client acknowledges that the Company may choose not to take action based on orders Orders transmitted to the Company using electronic means other than those orders transmitted to Orders transmittedto the Company using the predetermined electronic means such as the trading platformTrading Platform, and the Company shall have no liability towards the client Client for failing to take action based on such order(s)Orders.
6. The client Client agrees to use software programs developed by third parties including but not limited to the generality of those mentioned above, browser software that supports Data Security Protocols compatible with protocols used by the Company. Moreover, the client Client agrees to follow the access procedure (Login) of the Company that supports such protocols.
7. The Company will not be held responsible in the event of an unauthorized access from third persons to information including, but not limited to, electronic addresses and/or personal data, through the exchange of these data between the client Client and the Company and/or any other party using the Internet or other network or electronic mean available.
8. The Company is not responsible for any power cuts or failures that prevent the use of the system and/or the trading platform Trading Platform and cannot be responsible for not fulfilling any obligations under this Agreement because of network connection or electricity failures. In the case of such electricity / communication/ Internet failures, if the client Client wishes to place an orderOrder, then the alternative means of communicationcommunications/placing orders will be by phone, or by submitting their trade orders to the Dealing Room Department in writing to xxxxxxx@xxxxxx.xxxxxxxx.xxx. The Company reserves the right to decline any verbal instruction in cases where its telephone recording system is not operational or in cases where the Company is not satisfied of the caller’s/clientClient’s identity or in cases where the transaction is complicated or in cases where the connection quality of the line is not goodpoor. The Company further reserves the right to ask the client Client to give instructions regarding the clientClient’s transactions by other means that it deems appropriate under the circumstancesappropriate.
9. The Company shall have no liability for any potential damage the client Client may suffer as a result of transmission errors, technical faults, malfunctions, illegal intervention in network equipment, network overloads, viruses, system errors, delays in execution, malicious blocking of access by third parties, internet malfunctions, interruptions or other deficiencies on the part of internet service providers. The client Client acknowledges that access to electronic systems / trading platforms may be limited or unavailable due to such system errors, and that the Company reserves its right upon notifying the client Client to suspend access to electronic systems / trading platforms for this reason.
10. The Company has the right, unilaterally and with immediate effect, to suspend or limit the clientwithdraw permanently Client’s ability to use any electronic serviceElectronic Service, or any part of it thereof, without notice, where the Company consider it necessary or advisable to do so, for example due to the clientClient’s non-non- compliance with the applicable lawsApplicable Regulations, breach of any provisions of this agreementAgreement, upon on the occurrence of an Event of Default, network problems, failure of power supply, for maintenance, or to protect the client Client when there has been a breach of security. In addition, the use of an electronic service Electronic Service may be terminated automatically, upon the termination (for whatever reason) of any license granted to the Company which relates to the electronic service Electronic Service; or this agreementAgreement. The use of an electronic service Electronic Service may be terminated immediately if an electronic service Electronic Service is withdrawn by any Market or the Company is required to withdraw the facility in order to comply with applicable lawsApplicable Regulations.
Appears in 1 contract
Samples: Terms and Conditions
Electronic Trading. Upon the electronic acceptance of the terms and conditions by the client, the client is entitled to apply for access codes to gain online access to the Company’s electronic systems and/or trading platforms, thereby being able to place orders for transactions, to either buy or sell any financial instrument available through the Company. Furthermore, the client will be able to trade on the Company’s trading platform, through the Company with the use of a personal computer, smartphone or any other similar device that is connected to the internet. In this respect, the client understands that the Company can, at its absolute discretion, terminate the client’s access to the Company’s systems in order to protect both the Company’s and clients’ interests and to ensure the systems’ effectiveness and efficiency. The client agrees that he will keep the access codes in a safe place and will not reveal them to any other person. The client will not proceed and avoid proceeding in any action that could probably allow the irregular or unauthorized access or use of the trading platform. The client agrees not to attempt to abuse the trading platform in an attempt to make illegal profits or to attempt to profit by taking advantage of the server latency or by applying practices such as price manipulation, lag trading, time manipulation. The client will make every possible effort to keep the access codes secret and known only to him and he will be liable of any orders received by the Company through his trading account under his access codes. Furthermore, any orders received by the Company will be considered as received from the client. In cases where a third person is assigned as an authorized representative to act on behalf of the client, the Company should be informed accordingly, and the client will be responsible for all orders given through and under the authorised representative’s account password. The client is responsible to monitor his account and to notify the Company immediately if it comes to his attention that his access codes are lost or being used by an unauthorized third party. Also, the client agrees to immediately notify the Company should he become aware of any failure by the client to receive a message indicating the reception and/or execution of an order, the accurate confirmation of an execution, any information for client’s account balances, positions or transactions history as well as in case the client receives confirmation of an order that he did not place. The client acknowledges that the Company may choose not to take action based on orders transmitted to the Company using electronic means other than those orders transmitted to the Company using the predetermined electronic means such as the trading platform, and the Company shall have no liability towards the client for failing to take action based on such order(s). The client agrees to use software programs developed by third parties including but not limited to the generality of those mentioned above, browser software that supports Data Security Protocols compatible with protocols used by the Company. Moreover, the client agrees to follow the access procedure (Login) of the Company that supports such protocols. The Company will not be held responsible in the event of an unauthorized access from third persons to information including, but not limited to, electronic addresses and/or personal data, through the exchange of these data between the client and the Company and/or any other party using the Internet or other network or electronic mean available. The Company is not responsible for any power cuts or failures that prevent the use of the system and/or the trading platform and cannot be responsible for not fulfilling any obligations under this Agreement because of network connection or electricity failures. In the case of such electricity / communication/ Internet failures, if the client wishes to place an order, then the alternative means of communication/placing orders will be by phone. The Company reserves the right to decline any verbal instruction in cases where its telephone recording system is not operational or in cases where the Company is not satisfied of the caller’s/client’s identity or in cases where the transaction is complicated or in cases where the connection is not good. The Company further reserves the right to ask the client to give instructions regarding the client’s transactions by other means that it deems appropriate under the circumstances. The Company shall have no liability for any potential damage the client may suffer as a result of transmission errors, technical faults, malfunctions, illegal intervention in network equipment, network overloads, viruses, system errors, delays in execution, malicious blocking of access by third parties, internet malfunctions, interruptions or other deficiencies on the part of internet service providers. The client acknowledges that access to electronic systems / trading platforms may be limited or unavailable due to such system errors, and that the Company reserves its right upon notifying the client to suspend access to electronic systems / trading platforms for this reason. The Company has the right, unilaterally and with immediate effect, to suspend or limit the client’s ability to use any electronic service, or any part of it thereof, without notice, where the Company consider it necessary or advisable to do so, for example due to the client’s non-non- compliance with the applicable laws, breach of any provisions of this agreement, upon the occurrence of an Event of Default, network problems, failure of power supply, for maintenance, or to protect the client when there has been a breach of security. In addition, the use of an electronic service may be terminated automatically, upon the termination (for whatever reason) of any license granted to the Company which relates to the electronic service or this agreement. The use of an electronic service may be terminated immediately if an electronic service is withdrawn by any Market or the Company is required to withdraw the facility in order to comply with applicable laws.
Appears in 1 contract
Samples: Terms and Conditions
Electronic Trading. Upon the electronic acceptance of the terms and conditions by the clienta) By accepting this Agreement, the client Client is entitled to apply for access codes Access Codes to gain online access to the Company’s electronic systems and/or trading platforms, thereby being able to place orders for transactions, transactions to either buy or sell any financial instrument Financial Instrument available through from the Company. Furthermore.
b) Further, the client Client will be able to trade on the Company’s trading platform, Trading Platform with and through the Company with the use of a personal computerPersonal Computer, smartphone or any other similar device that is connected to the internet. In this respect, the client Client understands that the Company can, at its absolute discretion, terminate the clientClient’s access to the Company’s systems in order to protect both the Company’s and clients’ interests and to ensure the systems’ effectiveness and efficiency.
1. The client Client agrees that he he/she will keep the access codes Access Codes in a safe place chosen in his/her discretion and will not reveal them to any other person. The client Client will not proceed and avoid proceeding in any action that could probably allow the irregular or unauthorized access or use of the trading platformTrading Platform.
2. The client Client agrees not to attempt to abuse the trading platform Trading Platform in an attempt to make illegal profits or to attempt to profit by taking advantage of the server latency latency, or by applying practices such as price manipulation, lag trading, time manipulationmanipulation or any form of Abusive Trading.
3. The client Client will make every effort possible effort to keep the access codes Access Codes secret and known only to him and he will be liable of any orders Orders received by the Company through his trading account Account under his access codesAccess Codes. FurthermoreFurther, any orders Orders received by the Company will be considered as received from the clientClient. In cases where a third person is assigned as an authorized representative to act on behalf of the clientClient, the Company should be informed accordingly, and the client Client will be responsible for all orders Orders given through and under the authorised representative’s account passwordAccount Password.
4. The client Client is responsible to monitor his account Account and to notify the Company immediately if it comes to his attention that his access codes Access Codes are lost or being used by an unauthorized third party. Also, the client Client agrees to immediately notify the Company should he become aware of any failure by the client Client to receive a message indicating the reception and/or execution of an orderOrder, the accurate confirmation of an execution, any information for clientClient’s account Account balances, positions or transactions history as well as in case the client Client receives confirmation of an order Order that he did not place.
5. The client Client acknowledges that the Company may choose not to take action based on orders Orders transmitted to the Company using electronic means other than those orders transmitted to Orders transmittedto the Company using the predetermined electronic means such as the trading platformTrading Platform, and the Company shall have no liability towards the client Client for failing to take action based on such order(s)Orders.
6. The client Client agrees to use software programs developed by third parties including but not limited to the generality of those mentioned above, browser software that supports Data Security Protocols compatible with protocols used by the Company. Moreover, the client Client agrees to follow the access procedure (Login) of the Company that supports such protocols.
7. It is absolutely prohibited for the Client to take any of the following actions in relation to the Company’s systems and/or Platform(s) and/or Client Account:
a. Use, without the prior and written consent of the Company, of any software, which applies artificial intelligence analysis to the Company’s systems and/or Platform(s) and/or Client Account.
b. Intercept, monitor, damage or modify any communication which is not intended for him.
c. Use any type of spider, virus, worm, Trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the Platform(s) or the communication system or any system of the Company.
d. Send any unsolicited commercial communication not permitted under applicable law or Applicable Regulations. Do anything that will or may violate the integrity of the Company computer system or Platform(s) or cause such system(s) to malfunction or stop their operation.
e. Unlawfully access or attempt to gain access, reverse engineer or otherwise circumvent any security measures that the Company has applied to the Platform(s).
f. Do any action that could potentially allow the irregular or unauthorised access or use of the Platform(s).
g. Send massive requests on the server which may cause delays in the execution time
h. Abusive Trading.
8. Should the Company reasonably suspect that the Client has violated the terms of the above paragraph, it is entitled to take one or more of the measures of Events of Default of this Client Agreement. The Company will not be held responsible in the event of an unauthorized access from third persons to information including, but not limited to, electronic addresses and/or personal data, through the exchange of these data between the client Client and the Company and/or any other party using the Internet or other network or electronic mean available. The Company is not responsible for any power cuts or failures that prevent the use of the system and/or the trading platform and cannot be responsible for not fulfilling any obligations under this Agreement because of network connection or electricity failures. In the case of such electricity / communication/ Internet failures, if the client wishes to place an order, then the alternative means of communication/placing orders will be by phone. The Company reserves the right to decline any verbal instruction in cases where its telephone recording system is not operational or in cases where the Company is not satisfied of the caller’s/client’s identity or in cases where the transaction is complicated or in cases where the connection is not good. The Company further reserves the right to ask the client to give instructions regarding the client’s transactions by other means that it deems appropriate under the circumstances. The Company shall have no liability for any potential damage the client may suffer as a result of transmission errors, technical faults, malfunctions, illegal intervention in network equipment, network overloads, viruses, system errors, delays in execution, malicious blocking of access by third parties, internet malfunctions, interruptions or other deficiencies on the part of internet service providers. The client acknowledges that access to electronic systems / trading platforms may be limited or unavailable due to such system errors, and that the Company reserves its right upon notifying the client to suspend access to electronic systems / trading platforms for this reason. The Company has the right, unilaterally and with immediate effect, to suspend or limit the client’s ability to use any electronic service, or any part of it thereof, without notice, where the Company consider it necessary or advisable to do so, for example due to the client’s non-compliance with the applicable laws, breach of any provisions of this agreement, upon the occurrence of an Event of Default, network problems, failure of power supply, for maintenance, or to protect the client when there has been a breach of security. In addition, the use of an electronic service may be terminated automatically, upon the termination (for whatever reason) of any license granted to the Company which relates to the electronic service or this agreement. The use of an electronic service may be terminated immediately if an electronic service is withdrawn by any Market or the Company is required to withdraw the facility in order to comply with applicable laws.
Appears in 1 contract
Samples: User Agreement
