Common use of Electronic Trading Clause in Contracts

Electronic Trading. 8.1. Once the Agreement is in effect in accordance with paragraph 5.1 the Client shall: (a) Download and install the Trading Platform software (the “Software”) available online at the Website and/or access his or her account through the web-based Trading Platform of the Company; and (b) Receive, through an e-mail, access codes, and specifically the Access Data to enable him/her to log-in to the Trading Platform(s) in order to send and/or modify Orders for the purposes of trading financial instruments. 8.2. The Software, which may have been developed by a party other than Company, supports data security protocols compatible with the protocols used by the Company. 8.3. The Client shall be solely responsible for any Orders sent and/or received through the Trading Platform from the Client or his/her Authorized Representatives. 8.4. The Client shall ensure that his Access Codes remain confidential at all times. If, under any circumstances, the Client reveals the Access Codes to either a natural or legal person, other than his authorized representative, the Company shall bear no responsibility for any loss that arises, including but not limited to financial loss, as result of the Client’s actions. Without prejudice to any other provisions of this Agreement, the Client will be liable for all Transactions and/or Contracts executed by means of his or her Access Codes, even if such may be wrongful. 8.5. The Client shall immediately inform the Company if it comes to his attention that the Access Codes have been used, either for trading or other purposes, without his expressed consent. The Client accepts that Company is unable to identify any instances where a person, other than the Client or his Authorized Representative, is logging-in to the Trading Platform without the Client’s expressed consent. 8.6. The Client accepts that Company reserves the right to temporarily or permanently terminate the Client’s access to the Trading Platform in order to ensure and/or restore the orderly operation of the Trading Platform and protect the interests of the Company or the Client or both. Under such circumstances as the Company may, at its discretion, see fit the Company may close the Client’s Trading Account. 8.7. The Client accepts that the Company bears no responsibility if either a natural or legal person attains through unauthorized access any information, including information regarding Client’s trading, whilst such information is being transmitted from the Client to the Company (or any other party authorized by the Company) and vice versa, irrespective whether that transmission occurs through electronic or other means. 8.8. The Client accepts that the Company bears no responsibility for any loss, including but not limited financial loss, incurred by the Client due to inability of the latter to access the Trading Platform if this has been caused: (a) Due to the Client’s failure to maintain the Software updated as required; or (b) Due to any mechanical, software, computer, telecommunications or electronic system failure that could have been controlled by either the Client or the Company; or (c) Internet failure. 8.9. Company is responsible for maintaining its Trading Platform and other related systems updated; therefore, the Client accepts that the Company or a relevant third party may, from time to time, perform maintenance that may include shutting down, restarting, or refreshing the servers to ensure the effective and efficient operation of the Trading Platform or other related systems; these actions may cause the Trading Platform and/or other related systems to be inaccessible for a period of time. The Client accepts that the Company bears no responsibility for any loss, including financial loss, caused due to the above. 8.10. The Client accepts that Company is not an internet service or electricity provider and consequently, the Client accepts that Company is not responsible for any failure to provide an investment or ancillary service pursuant to this Agreement, if such failure arises as a direct or an indirect result of an internet service or electricity failure. Accordingly, any Order sent by the Client or on the Client’s behalf via Company’s Trading Platform or by e-mail shall only be deemed to have been received when such Order has been recorded as executed by Company. 8.11. The Client accepts that when using Company’s Trading Platform, the Client must: (a) ensure that his or her computer systems are maintained in good order and are suitable for use with Company’s Trading Platform; (b) run such tests and provide such information to the Company as the Company shall reasonably consider necessary to establish that the Client’s computer systems satisfy the requirements notified by Company to the Client from time to time; (c) carry out virus checks on a regular basis; (d) inform the Company immediately of any unauthorized Transaction or Order which the Client knows of or suspects and, if within the Client’s control, cause such unauthorized use to cease; and (e) not at any time leave the computer terminal from which the Client has accessed Company’s Trading Platform or let anyone else use such computer terminal until the Client has logged off from Company’s Trading Platform. 8.12. The Client understands and agrees that Company is the sole counterparty in relation to the platform providers, and therefore the Client will not bring any legal action, whether in tort, including negligence, breach of contract or otherwise, to any third party software and/or technology providers whose products and services assist in providing the platform to the Client.

Appears in 5 contracts

Samples: Client Agreement, Client Agreement, Client Agreement

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Electronic Trading. 8.1. 8.1 Once the Agreement is in effect in accordance with paragraph 5.1 the Client shall: (a) Download and install the Trading Platform software (the “Software”) available online at the Website and/or access his or her account through the web-based Trading Platform of the Company; and (b) Receive, through an e-mail, access codes, and specifically the Access Data to enable him/her to log-in to the Trading Platform(s) in order to send and/or modify Orders for the purposes of trading financial instrumentsFinancial Instruments. 8.2. 8.2 The Software, which may have been developed by a party other than Company, supports data security protocols compatible with the protocols used by the Company. 8.3. 8.3 The Client shall be solely responsible for any Orders sent and/or received through the Trading Platform from the Client or his/her Authorized Representatives. 8.4. 8.4 The Client shall ensure that his Access Codes remain Data remains confidential at all times. If, under any circumstances, the Client reveals the Access Codes Data to either a natural or legal person, other than his authorized representative, the Company shall bear no responsibility for any loss that arises, including but not limited to financial loss, as result of the Client’s actions. Without prejudice to any other provisions of this Agreement, the Client will be liable for all Transactions and/or Contracts executed by means of his or her Access CodesData, even if such may be wrongful. 8.5. 8.5 The Client shall immediately inform the Company if it comes to his attention that the Access Codes Data have been used, either for trading or other purposes, without his expressed consent. The Client accepts that Company is unable to identify any instances where a person, other than the Client or his Authorized Representative, is logging-in to the Trading Platform without the Client’s expressed consent. 8.6. 8.6 The Client accepts that Company reserves the right to temporarily or permanently terminate the Client’s access to the Trading Platform in order to ensure and/or restore the orderly operation of the Trading Platform and protect the interests of the Company or the Client or both. Under such circumstances as the Company may, at its discretion, see fit the Company may close the Client’s Trading Account. 8.7. 8.7 The Client accepts that the Company bears no responsibility if either a natural or legal person attains through unauthorized access any information, including information regarding Client’s trading, whilst such information is being transmitted from the Client to the Company (or any other party authorized by the Company) and vice versa, irrespective whether that transmission occurs through electronic or other means. 8.8. 8.8 The Client accepts that the Company bears no responsibility for any loss, including but not limited financial loss, incurred by the Client due to inability of the latter to access the Trading Platform if this has been caused:to (a) Due to the Client’s failure to maintain the Software updated as required; or (b) Due to any mechanical, software, computer, telecommunications or electronic system failure that could have been controlled by either the Client or the Company; or (c) Internet failure. 8.9. 8.9 Company is responsible for maintaining its Trading Platform and other related systems updated; therefore, the Client accepts that the Company or a relevant third party may, from time to time, perform maintenance that may include shutting down, restarting, or refreshing the servers to ensure the effective and efficient operation of the Trading Platform or other related systems; these actions may cause the Trading Platform and/or other related systems to be inaccessible for a period of time. The Client accepts that the Company bears no responsibility for any loss, including financial loss, caused due to the above. 8.10. 8.10 The Client accepts that Company is not an internet service or electricity provider and consequently, the Client accepts that Company is not responsible for any failure to provide an investment or ancillary service pursuant to this Agreement, if such failure arises as a direct or an indirect result of an internet service or electricity failure. Accordingly, any Order sent by the Client or on the Client’s behalf via Company’s Trading Platform or by e-mail shall only be deemed to have been received when such Order has been recorded as executed by Company. 8.118.11 If for any reason the Client is unable to access the Trading Platform in order to send an Order for the purposes of trading Financial Instruments he may contact the Brokerage Department by email at xxxxxxx@xx00.xxx or call on +000 00000000 to place a verbal Order. It should be noted that the Company reserves the right to reject such verbal Order when the operator of the Brokerage Department is not satisfied with the Client’s identify or clarity of Orders. Under such circumstances, the Company reserves the right to request from the Client to transmit an Order through other means. The Client accepts that the times of excessive transaction flow there might be some delay in connecting over the telephone with a member of the Brokerage Department, especially when there are important market announcements. 8.12 The Client accepts that when using Company’s Trading Platform, the Client must: (a) ensure that his or her computer systems are maintained in good order and are suitable for use with Company’s Trading Platform; (b) run such tests and provide such information to the Company as the Company shall reasonably consider necessary to establish that the Client’s computer systems satisfy the requirements notified by Company to the Client from time to time; (c) carry out virus checks on a regular basis; (d) inform the Company immediately of any unauthorized Transaction or Order which the Client knows of or suspects and, if within the Client’s control, cause such unauthorized use to cease; and (e) not at any time leave the computer terminal from which the Client has accessed Company’s Trading Platform or let anyone else use such computer terminal until the Client has logged off from Company’s Trading Platform. 8.12. 8.13 The Client understands and agrees that Company is the sole counterparty in relation to the platform providers, and therefore the Client will not bring any legal action, whether in tort, including negligence, breach of contract or otherwise, to any third party software and/or technology providers whose products and services assist in providing the platform to the Client.

Appears in 2 contracts

Samples: Client Agreement, Client Agreement

Electronic Trading. 8.1. 8.1 Once the Agreement is in effect in accordance with paragraph 5.1 the Client shall: (a) Download and install the Trading Platform software (the “Software”) available online at the Website and/or access his or her account through the web-based Trading Platform of the Company; and (b) Receive, through an e-mail, access codes, and specifically the Access Data to Datato enable him/her to log-in to the Trading Platform(s) in order to send and/or modify Orders for the purposes thepurposes of trading financial instruments. 8.2. 8.2 The Software, which may have been developed by a party aparty other than Company, supports data security protocols compatible with the protocols used by the Company. 8.3. 8.3 The Client shall be solely responsible for any Orders sent and/or received through the Trading Platform from the Client or his/her Authorized Representatives. 8.4. 8.4 The Client shall ensure that his Access Codes remain confidential at all times. If, under any circumstances, the Client reveals the Access Codes to either a natural or legal person, other than his authorized representative, the Company shall bear no responsibility for any loss that arises, including but not limited to financial loss, as result of the Client’s actions. Without prejudice to any other provisions of this Agreement, the Client will be liable for all Transactions and/or Contracts executed by means of his or her Access Codes, even if such may be wrongful. 8.5. 8.5 The Client shall immediately inform the Company if it comes to his attention that the Access Codes have been used, either for trading or other purposes, without his expressed consent. The Client accepts that the Company is unable to identify any instances where a person, other than the Client or his Authorized Representative, is logging-in to the Trading Platform without the Client’s expressed consent. 8.6. 8.6 The Client accepts that Company reserves the right to temporarily or permanently terminate the Client’s access to the Trading Platform in order to ensure and/or restore the orderly operation of the Trading Platform and protect the interests of the Company or the Client or both. Under such circumstances as the Company may, at its discretion, see fit the Company may close the Client’s Trading Account. 8.7. 8.7 The Client accepts that the Company bears no responsibility if either a natural or legal person attains through unauthorized access any information, including information regarding Client’s trading, whilst such information is being transmitted from the Client to the Company (or any other party authorized by the Company) and vice versa, irrespective whether that transmission occurs through electronic or other means. 8.8. 8.8 The Client accepts that the Company bears no responsibility for any loss, including but not limited financial loss, incurred by the Client due to inability of the latter to access the Trading Platform if this has been caused: (a) Due to the Client’s failure to maintain the Software updated as required; or (b) Due to any mechanical, software, computer, telecommunications or electronic system failure that could have been controlled by either the Client or the Company; or (c) Internet failure. 8.9. 8.9 Company is responsible for maintaining its Trading Platform and other related systems updated; therefore, the Client accepts that the Company or a relevant third party may, from time to time, perform maintenance that may include shutting down, restarting, or refreshing the servers to ensure the effective and efficient operation of the Trading Platform or other related systems; these actions may cause the Trading Platform and/or other related systems to be inaccessible for a period of time. The Client accepts that the Company bears no responsibility for any loss, including financial loss, caused due to the above. 8.10. 8.10 The Client accepts that Company is not an internet service or electricity provider and consequently, the Client accepts that Company is not responsible for any failure to provide an investment or ancillary service pursuant to this Agreement, if such failure arises as a direct or an indirect result of an internet service or electricity failure. Accordingly, any Order sent by the Client or on the Client’s behalf via Company’s Trading Platform or by e-mail shall only be deemed to have been received when such Order has been recorded as executed by Company. 8.118.11 If for any reason the Client is unable to access the Trading Platform in order to send an Order for the purposes of trading financial instruments he may contact the Brokerage Department by email at xxxxxxxx.xxxxxxxx@xxxxxxxxxxx.xx or call on +000 00 000 000 to place a verbal Order. It should be noted that the Company reserves the right to reject such verbal Order when the operator of the Brokerage Department is not satisfied with the Client’s identify or clarity of Orders. Under such circumstances, the Company reserves the right to request from the Client to transmit an Order through other means. The Client accepts that the times of excessive transaction flow there might be some delay in connecting over the telephone with a member of the Brokerage Department, especially when there are important market announcements. 8.12 The Client accepts that when using Company’s Trading Platform, the Client must: (a) ensure that his or her computer systems are maintained in good order and are suitable for use with Company’s Trading Platform; (b) run such tests and provide such information to the Company as the Company shall reasonably consider necessary to establish that the Client’s computer systems satisfy the requirements notified by Company to the Client from time to time; (c) carry out virus checks on a regular basis; (d) inform the Company immediately of any unauthorized Transaction or Order which the Client knows of or suspects and, if within the Client’s control, cause such unauthorized use to cease; and (e) not at any time leave the computer terminal from which the Client has accessed Company’s Trading Platform or let anyone else use such computer terminal until the Client has logged off from Company’s Trading Platform. 8.12. 8.13 The Client understands and agrees that Company is the sole counterparty in relation to the platform providers, and therefore the Client will not bring any legal action, whether in tort, including negligence, breach of contract or otherwise, to any third party software and/or technology providers whose products and services assist in providing the platform to the Client.

Appears in 2 contracts

Samples: Client Agreement, Client Agreement

Electronic Trading. 8.1. 8.1 Once the Agreement is in effect in accordance with paragraph 5.1 the Client shall: (a) Download and install the Trading Platform software (the “Software”) available online at the Website and/or access his or her account through the web-based Trading Platform of the Company; and (b) Receive, through an e-mail, access codes, and specifically the Access Data to enable him/her to log-in to the Trading Platform(s) in order to send and/or modify Orders for the purposes of trading financial instruments. 8.2. 8.2 The Software, which may have been developed by a party other than Company, supports data security protocols compatible with the protocols used by the Company. 8.3. 8.3 The Client shall be solely responsible for any Orders sent and/or received through the Trading Platform from the Client or his/her Authorized Representatives. 8.4. 8.4 The Client shall ensure that his Access Codes remain confidential at all times. If, under any circumstances, the Client reveals the Access Codes to either a natural or legal person, other than his authorized representative, the Company shall bear no responsibility for any loss that arises, including but not limited to financial loss, as result of the Client’s actions. Without prejudice to any other provisions of this Agreement, the Client will be liable for all Transactions and/or Contracts executed by means of his or her Access Codes, even if such may be wrongful. 8.5. 8.5 The Client shall immediately inform the Company if it comes to his attention that the Access Codes have been used, either for trading or other purposes, without his expressed consent. The Client accepts that Company is unable to identify any instances where a person, other than the Client or his Authorized Representative, is logging-in to the Trading Platform without the Client’s expressed consent. 8.6. 8.6 The Client accepts that Company reserves the right to temporarily or permanently terminate the Client’s access to the Trading Platform in order to ensure and/or restore the orderly operation of the Trading Platform and protect the interests of the Company or the Client or both. Under such circumstances as the Company may, at its discretion, see fit the Company may close the Client’s Trading Account. 8.7. 8.7 The Client accepts that the Company bears no responsibility if either a natural or legal person attains through unauthorized access any information, including information regarding Client’s trading, whilst such information is being transmitted from the Client to the Company (or any other party authorized by the Company) and vice versa, irrespective whether that transmission occurs through electronic or other means. 8.8. 8.8 The Client accepts that the Company bears no responsibility for any loss, including but not limited financial loss, incurred by the Client due to inability of the latter to access the Trading Platform if this has been caused: (a) Due due to the Client’s failure to maintain the Software updated as required; or (b) Due due to any mechanical, software, computer, telecommunications or electronic system failure that could have been controlled by either the Client or the Company; or (c) Internet internet failure. 8.9. 8.9 Company is responsible for maintaining its Trading Platform and other related systems updated; therefore, the Client accepts that the Company or a relevant third party may, from time to time, perform maintenance that may include shutting down, restarting, or refreshing the servers to ensure the effective and efficient operation of the Trading Platform or other related systems; these actions may cause the Trading Platform and/or other related systems to be inaccessible for a period of time. The Client accepts that the Company bears no responsibility for any loss, including financial loss, caused due to the above. 8.10. 8.10 The Client accepts that Company is not an internet service or electricity provider and consequently, the Client accepts that Company is not responsible for any failure to provide an investment or ancillary service pursuant to this Agreement, if such failure arises as a direct or an indirect result of an internet service or electricity failure. Accordingly, any Order sent by the Client or on the Client’s behalf via Company’s Trading Platform or by e-e- mail shall only be deemed to have been received when such Order has been recorded as executed by Company. 8.118.11 If for any reason the Client is unable to access the Trading Platform in order to send an Order for the purposes of trading financial instruments he may contact the Brokerage Department by email at xxxxxxx@xxxx.xxx to place a verbal Order. It should be noted that the Company reserves the right to reject such verbal Order when the operator of the Brokerage Department is not satisfied with the Client’s identify or clarity of Orders. Under such circumstances, the Company reserves the right to request from the Client to transmit an Order through other means. The Client accepts that the times of excessive transaction flow there might be some delay in connecting over the telephone with a member of the Brokerage Department, especially when there are important market announcements. 8.12 The Client accepts that when using Company’s Trading Platform, the Client must: (a) ensure that his or her computer systems are maintained in good order and are suitable for use with Company’s Trading Platform; (b) run such tests and provide such information to the Company as the Company shall reasonably consider necessary to establish that the Client’s computer systems satisfy the requirements notified by Company to the Client from time to time; (c) carry out virus checks on a regular basis; (d) inform the Company immediately of any unauthorized Transaction or Order which the Client knows of or suspects and, if within the Client’s control, cause such unauthorized use to cease; and (e) not at any time leave the computer terminal from which the Client has accessed Company’s Trading Platform or let anyone else use such computer terminal until the Client has logged off from Company’s Trading Platform. 8.12. 8.13 The Client understands and agrees that Company is the sole counterparty in relation to the platform providers, and therefore the Client will not bring any legal action, whether in tort, including negligence, breach of contract or otherwise, to any third party software and/or technology providers whose products and services assist in providing the platform to the Client.

Appears in 1 contract

Samples: Terms and Conditions

Electronic Trading. 8.1. 8.1 Once the Agreement is in effect in accordance with paragraph 5.1 the Client shall: (a) Download and install the Trading Platform software (the “Software”) available online at the Website and/or access his or her account through the web-based Trading Platform of the Company; and (b) Receive, through an e-mail, access codes, and specifically the Access Data to enable him/her to log-in to the Trading Platform(s) in order to send and/or modify Orders for the purposes of trading financial instruments. 8.2. 8.2 The Software, which may have been developed by a party other than Company, supports data security protocols compatible with the protocols used by the Company. 8.3. 8.3 The Client shall be solely responsible for any Orders sent and/or received through the Trading Platform from the Client or his/her Authorized Representatives. 8.4. 8.4 The Client shall ensure that his Access Codes remain confidential at all times. If, under any circumstances, the Client reveals the Access Codes to either a natural or legal person, other than his authorized representative, the Company shall bear no responsibility for any loss that arises, including but not limited to financial loss, as result of the Client’s actions. Without prejudice to any other provisions of this Agreement, the Client will be liable for all Transactions and/or Contracts executed by means of his or her Access Codes, even if such may be wrongful. 8.5. 8.5 The Client shall immediately inform the Company if it comes to his attention that the Access Codes have been used, either for trading or other purposes, without his expressed consent. The Client accepts that Company is unable to identify any instances where a person, other than the Client or his Authorized Representative, is logging-in to the Trading Platform without the Client’s expressed consent. 8.6. 8.6 The Client accepts that Company reserves the right to temporarily or permanently terminate the Client’s access to the Trading Platform in order to ensure and/or restore the orderly operation of the Trading Platform and protect the interests of the Company or the Client or both. Under such circumstances as the Company may, at its discretion, see fit the Company may close the Client’s Trading Account. 8.7. 8.7 The Client accepts that the Company bears no responsibility if either a natural or legal person attains through unauthorized access any information, including information regarding Client’s trading, whilst such information is being transmitted from the Client to the Company (or any other party authorized by the Company) and vice versa, irrespective whether that transmission occurs through electronic or other means. 8.8. 8.8 The Client accepts that the Company bears no responsibility for any loss, including but not limited financial loss, incurred by the Client due to inability of the latter to access the Trading Platform if this has been caused: (a) Due due to the Client’s failure to maintain the Software updated as required; or (b) Due due to any mechanical, software, computer, telecommunications or electronic system failure that could have been controlled by either the Client or the Company; or (c) Internet internet failure. 8.9. 8.9 Company is responsible for maintaining its Trading Platform and other related systems updated; therefore, the Client accepts that the Company or a relevant third party may, from time to time, perform maintenance that may include shutting down, restarting, or refreshing the servers to ensure the effective and efficient operation of the Trading Platform or other related systems; these actions may cause the Trading Platform and/or other related systems to be inaccessible for a period of time. The Client accepts that the Company bears no responsibility for any loss, including financial loss, caused due to the above. 8.10. 8.10 The Client accepts that Company is not an internet service or electricity provider and consequently, the Client accepts that Company is not responsible for any failure to provide an investment or ancillary service pursuant to this Agreement, if such failure arises as a direct or an indirect result of an internet service or electricity failure. Accordingly, any Order sent by the Client or on the Client’s behalf via Company’s Trading Platform or by e-mail shall only be deemed to have been received when such Order has been recorded as executed by Company. 8.118.11 If for any reason the Client is unable to access the Trading Platform in order to send an Order for the purposes of trading financial instruments he may contact the Brokerage Department by email at xxxx@xxxxxxxxxxxxxx.xxx to place a verbal Order. It should be noted that the Company reserves the right to reject such verbal Order when the operator of the Brokerage Department is not satisfied with the Client’s identify or clarity of Orders. Under such circumstances, the Company reserves the right to request from the Client to transmit an Order through other means. The Client accepts that the times of excessive transaction flow there might be some delay in connecting over the telephone with a member of the Brokerage Department, especially when there are important market announcements. 8.12 The Client accepts that when using Company’s Trading Platform, the Client must: (a) ensure that his or her computer systems are maintained in good order and are suitable for use with Company’s Trading Platform; (b) run such tests and provide such information to the Company as the Company shall reasonably consider necessary to establish that the Client’s computer systems satisfy the requirements notified by Company to the Client from time to time; (c) carry out virus checks on a regular basis; (d) inform the Company immediately of any unauthorized Transaction or Order which the Client knows of or suspects and, if within the Client’s control, cause such unauthorized use to cease; and (e) not at any time leave the computer terminal from which the Client has accessed Company’s Trading Platform or let anyone else use such computer terminal until the Client has logged off from Company’s Trading Platform. 8.12. 8.13 The Client understands and agrees that Company is the sole counterparty in relation to the platform providers, and therefore the Client will not bring any legal action, whether in tort, including negligence, breach of contract or otherwise, to any third party software and/or technology providers whose products and services assist in providing the platform to the Client.

Appears in 1 contract

Samples: Client Agreement

Electronic Trading. 8.1. 8.1 Once the Agreement is in effect in accordance with paragraph 5.1 the Client shall: (a) Download and install the Trading Platform software (the “Software”) available online at the Website and/or access his or her account through the web-based Trading Platform of the Company; and (b) Receive, through an e-mail, access codes, and specifically the Access Data to enable him/her to log-in to the Trading Platform(s) in order to send and/or modify Orders for the purposes of trading financial instruments. 8.2. 8.2 The Software, which may have been developed by a party other than the Company, supports data security protocols compatible with the protocols used by the Company. 8.3. 8.3 The Client shall be solely responsible for any Orders sent and/or received through the Trading Platform from the Client or his/her Authorized Representatives. 8.4. 8.4 The Client shall ensure that his Access Codes remain confidential at all times. If, under any circumstances, the Client reveals the Access Codes to either a natural or legal person, other than his authorized representative, the Company shall bear no responsibility for any loss that arises, including but not limited to financial loss, as a result of the Client’s actions. Without prejudice to any other provisions of this Agreement, the Client will be liable for all Transactions and/or Contracts executed by means of his or her Access Codes, even if such may be wrongful. 8.5. 8.5 The Client shall immediately inform the Company if it comes to his attention that the Access Codes have been used, either for trading or other purposes, without his expressed consent. The Client accepts that the Company is unable to identify any instances where a person, other than the Client or his Authorized Representative, is logging-in to the Trading Platform without the Client’s expressed consent. 8.6. 8.6 The Client accepts that the Company reserves the right to temporarily or permanently terminate the Client’s access to the Trading Platform in order to ensure and/or restore the orderly operation of the Trading Platform and protect the interests of the Company or the Client or both. Under such circumstances as the Company may, at its discretion, see fit the Company may close the Client’s Trading Account. 8.7. 8.7 The Client accepts that the Company bears no responsibility if either a natural or legal person attains through unauthorized access any information, including information regarding Client’s trading, whilst such information is being transmitted from the Client to the Company (or any other party authorized by the Company) and vice versa, irrespective whether that transmission occurs through electronic or other means. 8.8. 8.8 The Client accepts that the Company bears no responsibility for any loss, including but not limited to financial loss, incurred by the Client due to inability of the latter to access the Trading Platform if this has been caused: (a) Due due to the Client’s failure to maintain the Software updated as required; or (b) Due due to any mechanical, software, computer, telecommunications or electronic system failure that could have been controlled by either the Client or the Company; or (c) Internet internet failure. 8.9. 8.9 The Company is responsible for maintaining its Trading Platform and other related systems updated; therefore, the Client accepts that the Company or a relevant third party may, from time to time, perform maintenance that may include shutting down, restarting, or refreshing the servers to ensure the effective and efficient operation of the Trading Platform or other related systems; these actions may cause the Trading Platform and/or other related systems to be inaccessible for a period of time. The Client accepts that the Company bears no responsibility for any loss, including financial loss, caused due to the above. 8.10. 8.10 The Client accepts that the Company is not an internet service or electricity provider and consequently, the Client accepts that the Company is not responsible for any failure to provide an investment or ancillary service pursuant to this Agreement, if such failure arises as a direct or an indirect result of an internet service or electricity failure. Accordingly, any Order sent by the Client or on the Client’s behalf via the Company’s Trading Platform or by e-mail shall only be deemed to have been received when such Order has been recorded as executed by the Company. 8.118.11 If for any reason the Client is unable to access the Trading Platform in order to send an Order for the purposes of trading financial instruments he may contact the Brokerage Department by email at xxxx@xxxxxxxxxx.xxx or call on to place a verbal Order. It should be noted that the Company reserves the right to reject such verbal Order when the operator of the Brokerage Department is not satisfied with the Client’s identify or clarity of Orders. Under such circumstances, the Company reserves the right to request from the Client to transmit an Order through other means. The Client accepts that at the times of excessive transaction flow there might be some delay in connecting over the telephone with a member of the Brokerage Department, especially when there are important market announcements. 8.12 The Client accepts that when using the Company’s Trading Platform, the Client must: (a) ensure that his or her computer systems are maintained in good order and are suitable for use with the Company’s Trading Platform; (b) run such tests and provide such information to the Company as the Company shall reasonably consider necessary to establish that the Client’s computer systems satisfy the requirements notified by the Company to the Client from time to time; (c) carry out virus checks on a regular basis; (d) inform the Company immediately of any unauthorized Transaction or Order which the Client knows of or suspects and, if within the Client’s control, cause such unauthorized use to cease; and (e) not at any time to leave the computer terminal from which the Client has accessed to the Company’s Trading Platform or let anyone else use such computer terminal until the Client has logged off from Company’s Trading Platform. 8.12. 8.13 The Client understands and agrees that the Company is the sole counterparty in relation to the platform providers, and therefore the Client will not bring any legal action, whether in tort, including negligence, breach of contract or otherwise, to any third third-party software and/or technology providers whose products and services assist in providing the platform to the Client.

Appears in 1 contract

Samples: Client Agreement

Electronic Trading. 8.1. 8.1 Once the Agreement is in effect in accordance with paragraph 5.1 the Client shall: (a) Download and install the Trading Platform software (the “Software”) available online at the Website and/or access his or her account through the web-based Trading Platform of the Company; and (b) Receive, through an e-mail, access codes, and specifically the Access Data to enable him/her to log-in to the Trading Platform(s) in order to send and/or modify Orders for the purposes of trading financial instruments. 8.2. 8.2 The Software, which may have been developed by a party other than the Company, supports data security protocols compatible with the protocols used by the Company. 8.3. 8.3 The Client shall be solely responsible for any Orders sent and/or received through the Trading Platform from the Client or his/her Authorized Representatives. 8.4. 8.4 The Client shall ensure that his Access Codes remain confidential at all times. If, under any circumstances, the Client reveals the Access Codes to either a natural or legal person, other than his authorized representative, the Company shall bear no responsibility for any loss that arises, including but not limited to financial loss, as a result of the Client’s actions. Without prejudice to any other provisions of this Agreement, the Client will be liable for all Transactions and/or Contracts executed by means of his or her Access Codes, even if such may be wrongful. 8.5. 8.5 The Client shall immediately inform the Company if it comes to his attention that the Access Codes have been used, either for trading or other purposes, without his expressed consent. The Client accepts that the Company is unable to identify any instances where a person, other than the Client or his Authorized Representative, is logging-in to the Trading Platform without the Client’s expressed consent. 8.6. 8.6 The Client accepts that the Company reserves the right to temporarily or permanently terminate the Client’s access to the Trading Platform in order to ensure and/or restore the orderly operation of the Trading Platform and protect the interests of the Company or the Client or both. Under such circumstances as the Company may, at its discretion, see fit the Company may close the Client’s Trading Account. 8.7. 8.7 The Client accepts that the Company bears no responsibility if either a natural or legal person attains through unauthorized access any information, including information regarding Client’s trading, whilst such information is being transmitted from the Client to the Company (or any other party authorized by the Company) and vice versa, irrespective whether that transmission occurs through electronic or other means. 8.8. 8.8 The Client accepts that the Company bears no responsibility for any loss, including but not limited to financial loss, incurred by the Client due to inability of the latter to access the Trading Platform if this has been caused: (a) Due due to the Client’s failure to maintain the Software updated as required; or (b) Due due to any mechanical, software, computer, telecommunications or electronic system failure that could have been controlled by either the Client or the Company; or (c) Internet internet failure. 8.9. 8.9 The Company is responsible for maintaining its Trading Platform and other related systems updated; therefore, the Client accepts that the Company or a relevant third party may, from time to time, perform maintenance that may include shutting down, restarting, or refreshing the servers to ensure the effective and efficient operation of the Trading Platform or other related systems; these actions may cause the Trading Platform and/or other related systems to be inaccessible for a period of time. The Client accepts that the Company bears no responsibility for any loss, including financial loss, caused due to the above. 8.10. 8.10 The Client accepts that the Company is not an internet service or electricity provider and consequently, the Client accepts that the Company is not responsible for any failure to provide an investment or ancillary service pursuant to this Agreement, if such failure arises as a direct or an indirect result of an internet service or electricity failure. Accordingly, any Order sent by the Client or on the Client’s behalf via the Company’s Trading Platform or by e-mail shall only be deemed to have been received when such Order has been recorded as executed by the Company. 8.118.11 If for any reason the Client is unable to access the Trading Platform in order to send an Order for the purposes of trading financial instruments he may contact the Brokerage Department by email at xxxxxxxxxxxxx.xxx@xxxxx.xxx or call on to place a verbal Order. It should be noted that the Company reserves the right to reject such verbal Order when the operator of the Brokerage Department is not satisfied with the Client’s identify or clarity of Orders. Under such circumstances, the Company reserves the right to request from the Client to transmit an Order through other means. The Client accepts that at the times of excessive transaction flow there might be some delay in connecting over the telephone with a member of the Brokerage Department, especially when there are important market announcements 8.12 The Client accepts that when using the Company’s Trading Platform, the Client must: (a) ensure that his or her computer systems are maintained in good order and are suitable for use with the Company’s Trading Platform; (b) run such tests and provide such information to the Company as the Company shall reasonably consider necessary to establish that the Client’s computer systems satisfy the requirements notified by the Company to the Client from time to time; (c) carry out virus checks on a regular basis; ; (d) inform the Company immediately of any unauthorized Transaction or Order which the Client knows of or suspects and, if within the Client’s control, cause such unauthorized use to cease; and and (e) not at any time to leave the computer terminal from which the Client has accessed to the Company’s Trading Platform or let anyone else use such computer terminal until the Client has logged off from Company’s Trading Platform. 8.12. 8.13 The Client understands and agrees that the Company is the sole counterparty in relation to the platform providers, and therefore the Client will not bring any legal action, whether in tort, including negligence, breach of contract or otherwise, to any third third-party software and/or technology providers whose products and services assist in providing the platform to the Client.

Appears in 1 contract

Samples: Client Agreement

Electronic Trading. 8.1. 8.1 Once the Agreement is in effect in accordance with paragraph 5.1 the Client shall: (a) Download and install the Trading Platform software (the “Software”) available online at the Website and/or access his or her account through the web-based Trading Platform of the Company; and (b) Receive, through an e-mail, access codes, and specifically the Access Data to enable him/her to log-in to the Trading Platform(s) in order to send and/or modify Orders for the purposes of trading financial instruments. 8.2. 8.2 The Software, which may have been developed by a party other than Company, supports data security protocols compatible with the protocols used by the Company. 8.3. 8.3 The Client shall be solely responsible for any Orders sent and/or received through the Trading Platform from the Client or his/her Authorized Representatives. 8.4. 8.4 The Client shall ensure that his Access Codes remain confidential at all times. If, under any circumstances, the Client reveals the Access Codes to either a natural or legal person, other than his authorized representative, the Company shall bear no responsibility for any loss that arises, including but not limited to financial loss, as result of the Client’s actions. Without prejudice to any other provisions of this Agreement, the Client will be liable for all Transactions and/or Contracts executed by means of his or her Access Codes, even if such may be wrongful. 8.5. 8.5 The Client shall immediately inform the Company if it comes to his attention that the Access Codes have been used, either for trading or other purposes, without his expressed consent. The Client accepts that Company is unable to identify any instances where a person, other than the Client or his Authorized Representative, is logging-in to the Trading Platform without the Client’s expressed consent. 8.6. 8.6 The Client accepts that Company reserves the right to temporarily or permanently terminate the Client’s access to the Trading Platform in order to ensure and/or restore the orderly operation of the Trading Platform and protect the interests of the Company or the Client or both. Under such circumstances as the Company may, at its discretion, see fit the Company may close the Client’s Trading Account. 8.7. 8.7 The Client accepts that the Company bears no responsibility if either a natural or legal person attains through unauthorized access any information, including information regarding Client’s trading, whilst such information is being transmitted from the Client to the Company (or any other party authorized by the Company) and vice versa, irrespective whether that transmission occurs through electronic or other means. 8.8. 8.8 The Client accepts that the Company bears no responsibility for any loss, including but not limited financial loss, incurred by the Client due to inability of the latter to access the Trading Platform if this has been causedbeencaused: (a) Due to the Client’s failure to maintain the Software updated as required; or (b) Due to any mechanical, software, computer, telecommunications or electronic system failure that could have been controlled by either the Client or the Company; or (c) Internet failure. 8.9. 8.9 Company is responsible for maintaining its Trading Platform and other related systems updated; therefore, the Client accepts that the Company or a relevant third party may, from time to time, perform maintenance that may include shutting down, restarting, or refreshing the servers to ensure the effective and efficient operation of the Trading Platform or other related systems; these actions may cause the Trading Platform and/or other related systems to be inaccessible for a period of time. The Client accepts that the Company bears no responsibility for any loss, including financial loss, caused due to the above. 8.10. 8.10 The Client accepts that Company is not an internet service or electricity provider and consequently, the Client accepts that Company is not responsible for any failure to provide an investment or ancillary service pursuant to this Agreement, if such failure arises as a direct or an indirect result of an internet service or electricity failure. Accordingly, any Order sent by the Client or on the Client’s behalf via Company’s Trading Platform or by e-mail shall only be deemed to have been received when such Order has been recorded as executed by Company. 8.118.11 If for any reason the Client is unable to access the Trading Platform in order to send an Order for the purposes of trading financial instruments he may contact the Brokerage Department by email at xxxxxxx.xx@xxxx.xxx or call on +000 00 000 000 to place a verbal Order. It should be noted that the Company reserves the right to reject such verbal Order when the operator of the Brokerage Department is not satisfied with the Client’s identify or clarity of Orders. Under such circumstances, the Company reserves the right to request from the Client to transmit an Order through other means. The Client accepts that the times of excessive transaction flow there might be some delay in connecting over the telephone with a member of the Brokerage Department, especially when there are important market announcements. 8.12 The Client accepts that when using Company’s Trading Platform, the Client must: (a) ensure that his or her computer systems are maintained in good order and are suitable for use with Company’s Trading Platform; (b) run such tests and provide such information to the Company as the Company shall reasonably consider necessary to establish that the Client’s computer systems satisfy the requirements notified by Company to the Client from time to time; (c) carry out virus checks on a regular basis; (d) inform the Company immediately of any unauthorized Transaction or Order which the Client knows of or suspects and, if within the Client’s control, cause such unauthorized use to cease; and (e) not at any time leave the computer terminal from which the Client has accessed Company’s Trading Platform or let anyone else use such computer terminal until the Client has logged off from Company’s Trading Platform. 8.12. 8.13 The Client understands and agrees that Company is the sole counterparty in relation to the platform providers, and therefore the Client will not bring any legal action, whether in tort, including negligence, breach of contract or otherwise, to any third party software and/or technology providers whose products and services assist in providing the platform to the Client.

Appears in 1 contract

Samples: Client Agreement

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Electronic Trading. 8.1. 8.1 Once the Agreement is in effect in accordance with paragraph 5.1 the Client shall: (a) Download and install andinstall the Trading Platform software (the “Software”) available online Software”)availableonline at the Website and/or access his or her account through the web-based Trading Platform of the Company; and (b) Receive, through an e-mail, access codes, and specifically the Access Data to enable him/her to log-in to the Trading Platform(s) in order to send and/or modify Orders for the purposes of trading financial instruments. 8.2. 8.2 The Software, which may have been developed by a party other than Company, supports data security protocols compatible with the protocols used by the Company. 8.3. 8.3 The Client shall be solely responsible for any Orders sent and/or received through the Trading Platform from the Client or his/her Authorized Representatives. 8.4. 8.4 The Client shall ensure that his Access Codes remain confidential at all times. If, under any circumstances, the Client reveals the Access Codes to either a natural or legal person, other than his authorized representative, the Company shall bear no responsibility for any loss that arises, including but not limited to financial loss, as result of the Client’s actions. Without prejudice to any other provisions of this Agreement, the Client will be liable for all Transactions and/or Contracts executed by means of his or her Access Codes, even if such may be wrongful. 8.5. 8.5 The Client shall immediately inform the Company if it comes to his attention that the Access Codes have been used, either for trading or other purposes, without his expressed consent. The Client accepts that Company is unable to identify any instances where a person, other than the Client or his Authorized Representative, is logging-in to the Trading Platform without the Client’s expressed consent. 8.6. 8.6 The Client accepts that Company reserves the right to temporarily or permanently terminate the Client’s access to the Trading Platform in order to ensure and/or restore the orderly operation of the Trading Platform and protect the interests of the Company or the Client or both. Under such circumstances as the Company may, at its discretion, see fit the Company may close the Client’s Trading Account. 8.7. 8.7 The Client accepts that the Company bears no responsibility if either a natural or legal person attains through unauthorized access any information, including information regarding Client’s trading, whilst such information is being transmitted from the Client to the Company (or any other party authorized by the Company) and vice versa, irrespective whether that transmission occurs through electronic or other means. 8.8. 8.8 The Client accepts that the Company bears no responsibility for any loss, including but not limited financial loss, incurred by the Client due to inability of the latter to access the Trading Platform if this has been caused: (a) Due to the Client’s failure to maintain the Software updated as required; or (b) Due to any mechanical, software, computer, telecommunications or electronic system failure that could have been controlled by either the Client or the Company; or (c) Internet failure. 8.9. 8.9 Company is responsible for maintaining its Trading Platform and other related systems updated; therefore, the Client accepts that the Company or a relevant third party may, from time to time, perform maintenance that may include shutting down, restarting, or refreshing the servers to ensure the effective and efficient operation of the Trading Platform or other related systems; these actions may cause the Trading Platform and/or other related systems to be inaccessible for a period of time. The Client accepts that the Company bears no responsibility for any loss, including financial loss, caused due to the above. 8.10. 8.10 The Client accepts that Company is not an internet service or electricity provider and consequently, the Client accepts that Company is not responsible for any failure to provide an investment or ancillary service pursuant to this Agreement, if such failure arises as a direct or an indirect result of an internet service or electricity failure. Accordingly, any Order sent by the Client or on the Client’s behalf via Company’s Trading Platform or by e-mail shall only be deemed to have been received when such Order has been recorded as executed by Company. 8.118.11 If for any reason the Client is unable to access the Trading Platform in order to send an Order for the purposes of trading financial instruments he may contact the Brokerage Department by email at xxxx@xxxxxx.xx or call on +000 00 000 000 to place a verbal Order. It should be noted that the Company reserves the right to reject such verbal Order when the operator of the Brokerage Department is not satisfied with the Client’s identify or clarity of Orders. Under such circumstances, the Company reserves the right to request from the Client to transmit an Order through other means. The Client accepts that the times of excessive transaction flow there might be some delay in connecting over the telephone with a member of the Brokerage Department, especially when there are important market announcements. 8.12 The Client accepts that when using Company’s Trading Platform, the Client must: (a) ensure that his or her computer systems are maintained in good order and are suitable for use with Company’s Trading Platform; (b) run such tests and provide such information to the Company as the Company shall reasonably consider necessary to establish that the Client’s computer systems satisfy the requirements notified by Company to the Client from time to time; (c) carry out virus checks on a regular basis; (d) inform the Company immediately of any unauthorized Transaction or Order which the Client knows of or suspects and, if within the Client’s control, cause such unauthorized use to cease; and (e) not at any time leave the computer terminal from which the Client has accessed Company’s Trading Platform or let anyone else use such computer terminal until the Client has logged off from Company’s Trading Platform. 8.12. 8.13 The Client understands and agrees that Company is the sole counterparty in relation to the platform providers, and therefore the Client will not bring any legal action, whether in tort, including negligence, breach of contract or otherwise, to any third party software and/or technology providers whose products and services assist in providing the platform to the Client.

Appears in 1 contract

Samples: Client Agreement

Electronic Trading. 8.1. Once the Agreement is in effect in accordance with paragraph 5.1 the Client shall: (a) Download and install the Trading Platform software (the “Software”) available online at the Website and/or and/ or access his or her account through the web-based Trading Platform of the Company; and (b) Receive, through an e-mail, access codes, and specifically the Access Data to enable him/her to log-in to the Trading Platform(s) in order to send and/or modify Orders for the purposes of trading financial instruments. 8.2. The Software, which may have been developed by a party other than the Company, supports data security protocols compatible with the protocols used by the Company. 8.3. The Client shall be solely responsible for any Orders sent and/or received through the Trading Platform from the Client or his/her Authorized Representatives. 8.4. The Client shall ensure that his Access Codes remain confidential at all times. If, under any circumstances, the Client reveals the Access Codes to either a natural or legal person, other than his authorized representative, the Company shall bear no responsibility for any loss that arises, including but not limited to financial loss, as a result of the Client’s actions. Without prejudice to any other provisions of this Agreement, the Client will be liable for all Transactions and/or Contracts executed by means of his or her Access Codes, even if such may be wrongful. 8.5. The Client shall immediately inform the Company if it comes to his attention that the Access Codes have been used, either for trading or other purposes, without his expressed consent. The Client accepts that the Company is unable to identify any instances where a person, other than the Client or his Authorized Representative, is logging-in to the Trading Platform without the Client’s expressed consent. 8.6. The Client accepts that the Company reserves the right to temporarily or permanently terminate the Client’s access to the Trading Platform in order to ensure and/or restore the orderly operation of the Trading Platform and protect the interests of the Company or the Client or both. Under such circumstances as the Company may, at its discretion, see fit the Company may close the Client’s Trading Account. 8.7. The Client accepts that the Company bears no responsibility if either a natural or legal person attains through unauthorized access any information, including information regarding Client’s trading, whilst such information is being transmitted from the Client to the Company (or any other party authorized by the Company) and vice versa, irrespective whether that transmission occurs through electronic or other means. 8.8. The Client accepts that the Company bears no responsibility for any loss, including but not limited to financial loss, incurred by the Client due to inability of the latter to access the Trading Platform if this has been caused: (a) Due due to the Client’s failure to maintain the Software updated as required; or (b) Due due to any mechanical, software, computer, telecommunications or electronic system failure that could have been controlled by either the Client or the Company; or (c) Internet internet failure. 8.9. The Company is responsible for maintaining its Trading Platform and other related systems updated; therefore, the Client accepts that the Company or a relevant third party may, from time to time, perform maintenance that may include shutting down, restarting, or refreshing the servers to ensure the effective and efficient operation of the Trading Platform or other related systems; these actions may cause the Trading Platform and/or other related systems to be inaccessible for a period of time. The Client accepts that the Company bears no responsibility for any loss, including financial loss, caused due to the above. 8.10. The Client accepts that the Company is not an internet service or electricity provider and consequently, the Client accepts that the Company is not responsible for any failure to provide an investment or ancillary service pursuant to this Agreement, if such failure arises as a direct or an indirect result of an internet service or electricity failure. Accordingly, any Order sent by the Client or on the Client’s behalf via the Company’s Trading Platform or by e-mail shall only be deemed to have been received when such Order has been recorded as executed by the Company. 8.11. If for any reason the Client is unable to access the Trading Platform in order to send an Order for the purposes of trading financial instruments he may contact the Brokerage Department by email at [xxxx@xxxxxxxxx.xxx] or call on to place a verbal Order. It should be noted that the Company reserves the right to reject such verbal Order when the operator of the Brokerage Department is not satisfied with the Client’s identify or clarity of Orders. Under such circumstances, the Company reserves the right to request from the Client to transmit an Order through other means. The Client accepts that at the times of excessive transaction flow there might be some delay in connecting over the telephone with a member of the Brokerage Department, especially when there are important market announcements. 8.12. The Client accepts that when using the Company’s Trading Platform, the Client must: (a) ensure that his or her computer systems are maintained in good order and are suitable for use with the Company’s Trading Platform; (b) run such tests and provide such information to the Company as the Company shall reasonably consider necessary to establish that the Client’s computer systems satisfy the requirements notified by the Company to the Client from time to time; (c) carry out virus checks on a regular basis; (d) inform the Company immediately of any unauthorized Transaction or Order which the Client knows of or suspects and, if within the Client’s control, cause such unauthorized use to cease; and (e) not at any time to leave the computer terminal from which the Client has accessed to the Company’s Trading Platform or let anyone else use such computer terminal until the Client has logged off from Company’s Trading Platform. 8.128.13. The Client understands and agrees that the Company is the sole counterparty in relation to the platform providers, and therefore the Client will not bring any legal action, whether in tort, including negligence, breach of contract or otherwise, to any third party software and/or technology providers whose products and services assist in providing the platform to the Client.

Appears in 1 contract

Samples: Client Agreement

Electronic Trading. 8.1. 8.1 Once the Agreement is in effect in accordance with paragraph 5.1 the Client shall: (a) Download and install the Trading Platform software (the "Software") available online at the Website and/or access his or her account through the web-based Trading Platform of the Company; and (b) Receive, through an e-mail, access codes, and specifically the Access Data to enable him/her to log-in to the Trading Platform(s) in order to send and/or modify Orders for the purposes of trading financial instruments. 8.2. 8.2 The Software, which may have been developed by a party other than Company, supports data security protocols compatible with the protocols used by the Company. 8.3. 8.3 The Client shall be solely responsible for any Orders sent and/or received through the Trading Platform from the Client or his/her Authorized Representatives. 8.4. 8.4 The Client shall ensure that his Access Codes remain confidential at all times. If, under any circumstances, the Client reveals the Access Codes to either a natural or legal person, other than his authorized representative, the Company shall bear no responsibility for any loss that arises, including but not limited to financial loss, as result of the Client’s 's actions. Without prejudice to any other provisions of this Agreement, the Client will be liable for all Transactions and/or Contracts executed by means of his or her Access Codes, even if such may be wrongful. 8.5. 8.5 The Client shall immediately inform the Company if it comes to his attention that the Access Codes have been used, either for trading or other purposes, without his expressed consent. The Client accepts that Company is unable to identify any instances where a person, other than the Client or his Authorized Representative, is logging-in to the Trading Platform without the Client’s 's expressed consent. 8.6. 8.6 The Client accepts that Company reserves the right to temporarily or permanently terminate the Client’s 's access to the Trading Platform in order to ensure and/or restore the orderly operation of the Trading Platform and protect the interests of the Company or the Client or both. Under such circumstances as the Company may, at its discretion, see fit the Company may close the Client’s 's Trading Account. 8.7. 8.7 The Client accepts that the Company bears no responsibility if either a natural or legal person attains through unauthorized access any information, including information regarding Client’s 's trading, whilst such information is being transmitted from the Client to the Company (or any other party authorized by the Company) and vice versa, irrespective whether that transmission occurs through electronic or other means. 8.8. 8.8 The Client accepts that the Company bears no responsibility for any loss, including but not limited financial loss, incurred by the Client due to inability of the latter to access the Trading Platform if this has been caused: (a) Due due to the Client’s 's failure to maintain the Software updated as required; or (b) Due due to any mechanical, software, computer, telecommunications or electronic system failure that could have been controlled by either the Client or the Company; or (c) Internet internet failure. 8.9. 8.9 Company is responsible for maintaining its Trading Platform and other related systems updated; therefore, the Client accepts that the Company or a relevant third party may, from time to time, perform maintenance that may include shutting down, restarting, or refreshing the servers to ensure the effective and efficient operation of the Trading Platform or other related systems; these actions may cause the Trading Platform and/or other related systems to be inaccessible for a period of time. The Client accepts that the Company bears no responsibility for any loss, including financial loss, caused due to the above. 8.10. 8.10 The Client accepts that Company is not an internet service or electricity provider and consequently, the Client accepts that Company is not responsible for any failure to provide an investment or ancillary service pursuant to this Agreement, if such failure arises as a direct or an indirect result of an internet service or electricity failure. Accordingly, any Order sent by the Client or on the Client’s 's behalf via Company’s 's Trading Platform or by e-mail shall only be deemed to have been received when such Order has been recorded as executed by Company. 8.118.11 If for any reason the Client is unable to access the Trading Platform in order to send an Order for the purposes of trading financial instruments he may contact the Brokerage Department by email at xxxxxxx@xxxxxxxxx.xx to place a verbal Order. It should be noted that the Company reserves the right to reject such verbal Order when the operator of the Brokerage Department is not satisfied with the Client's identify or clarity of Orders. Under such circumstances, the Company reserves the right to request from the Client to transmit an Order through other means. The Client accepts that the times of excessive transaction flow there might be some delay in connecting over the telephone with a member of the Brokerage Department, especially when there are important market announcements. 8.12 The Client accepts that when using Company’s 's Trading Platform, the Client must: (a) ensure that his or her computer systems are maintained in good order and are suitable for use with Company’s 's Trading Platform; (b) run such tests and provide such information to the Company as the Company shall reasonably consider necessary to establish that the Client’s 's computer systems satisfy the requirements notified by Company to the Client from time to time; (c) carry out virus checks on a regular basis; (d) inform the Company immediately of any unauthorized Transaction or Order which the Client knows of or suspects and, if within the Client’s 's control, cause such unauthorized use to cease; and (e) not at any time leave the computer terminal from which the Client has accessed Company’s 's Trading Platform or let anyone else use such computer terminal until the Client has logged off from Company’s 's Trading Platform. 8.12. 8.13 The Client understands and agrees that Company is the sole counterparty in relation to the platform providers, and therefore the Client will not bring any legal action, whether in tort, including negligence, breach of contract or otherwise, to any third party software and/or technology providers whose products and services assist in providing the platform to the Client.

Appears in 1 contract

Samples: Terms and Conditions

Electronic Trading. 8.1. 8.1 Once the Agreement is in effect in accordance with paragraph 5.1 the Client shall: (a) Download and install the Trading Platform software (the “Software”) available online at the Website and/or access his or her account through the web-based Trading Platform of the Company; and (b) Receive, through an e-mail, access codes, and specifically the Access Data to enable him/her to log-in to the Trading Platform(s) in order to send and/or modify Orders for the purposes of trading financial instruments. 8.2. 8.2 The Software, which may have been developed by a party other than Company, supports data security protocols compatible with the protocols used by the Company. 8.3. 8.3 The Client shall be solely responsible for any Orders sent and/or received through the Trading Platform from the Client or his/her Authorized Representatives. 8.4. 8.4 The Client shall ensure that his Access Codes remain confidential at all times. If, under any circumstances, the Client reveals the Access Codes to either a natural or legal person, other than his authorized representative, the Company shall bear no responsibility for any loss that arises, including but not limited to financial loss, as result of the Client’s actions. Without prejudice to any other provisions of this Agreement, the Client will be liable for all Transactions and/or Contracts executed by means of his or her Access Codes, even if such may be maybe wrongful. 8.5. 8.5 The Client shall immediately inform the Company if it comes to his attention that the Access Codes have been used, either for trading or other purposes, without his expressed consent. The Client accepts that Company is unable to identify any instances where a person, other than the Client or his Authorized Representative, is logging-in to the Trading Platform without the Client’s expressed consent. 8.6. 8.6 The Client accepts that Company reserves the right to temporarily or permanently terminate the Client’s access to the Trading Platform in order to ensure and/or restore the orderly operation of the Trading Platform and protect the interests of the Company or the Client or both. Under such circumstances as the Company may, at its discretion, see fit the Company may close the Client’s Trading Account. 8.7. 8.7 The Client accepts that the Company bears no responsibility if either a natural or legal person attains through unauthorized access any information, including information regarding Client’s trading, whilst such information is being transmitted from the Client to the Company (or any other party authorized by the Company) and vice versa, irrespective whether that transmission occurs through electronic or other means. 8.8. 8.8 The Client accepts that the Company bears no responsibility for any loss, including but not limited financial loss, incurred by the Client due to inability of the latter to access the Trading Platform if this has been caused: (a) Due due to the Client’s failure to maintain the Software updated as required; or (b) Due due to any mechanical, software, computer, telecommunications or electronic system failure that could have been controlled by either the Client or the Company; or (c) Internet internet failure. 8.9. 8.9 Company is responsible for maintaining its Trading Platform and other related systems updated; therefore, the Client accepts that the Company or a relevant third party may, from time to time, perform maintenance that may include shutting down, restarting, or refreshing the servers to ensure the effective and efficient operation of the Trading Platform or other related systems; these actions may cause the Trading Platform and/or other related systems to be inaccessible for a period of time. The Client accepts that the Company bears no responsibility for any loss, including financial loss, caused due to the above. 8.10. 8.10 The Client accepts that Company is not an internet service or electricity provider and consequently, the Client accepts that Company is not responsible for any failure to provide an investment or ancillary service pursuant to this Agreement, if such failure arises as a direct or an indirect result of an internet service or electricity failure. Accordingly, any Order sent by the Client or on the Client’s behalf via Company’s Trading Platform or by e-e- mail shall only be deemed to have been received when such Order has been recorded as executed by Company. 8.118.11 If for any reason the Client is unable to access the Trading Platform in order to send an Order for the purposes of trading financial instruments he may contact the Brokerage Department by email at xxxxxxx@xxxxxxx.xxx to place a verbal Order. It should be noted that the Company reserves the right to reject such verbal Order when the operator of the Brokerage Department is not satisfied with the Client’s identify or clarity of Orders. Under such circumstances, the Company reserves the right to request from the Client to transmit an Order through other means. The Client accepts that the times of excessive transaction flow there might be some delay in connecting over the telephone with a member of the Brokerage Department, especially when there are important market announcements. 8.12 The Client accepts that when using Company’s Trading Platform, the Client must: (a) ensure that his or her computer systems are maintained in good order and are suitable for use with Company’s Trading Platform; (b) run such tests and provide such information to the Company as the Company shall reasonably consider necessary to establish that the Client’s computer systems satisfy the requirements notified by Company to the Client from time to time; (c) carry out virus checks on a regular basis; (d) inform the Company immediately of any unauthorized Transaction or Order which the Client knows of or suspects and, if within the Client’s control, cause such unauthorized use to cease; and (e) not at any time leave the computer terminal from which the Client has accessed Company’s Trading Platform or let anyone else use such computer terminal until the Client has logged off from Company’s Trading Platform. 8.12. 8.13 The Client understands and agrees that Company is the sole counterparty in relation to the platform providers, and therefore the Client will not bring any legal action, whether in tort, including negligence, breach of contract or otherwise, to any third party software and/or technology providers whose products and services assist in providing the platform to the Client.

Appears in 1 contract

Samples: Terms and Conditions

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