Electronic Trading. The Company shall provide the Client with the facility to enter into Transactions or carry on dealings with the Company via an internet website or through some other electronic medium (Company’s Electronic Systems). Any such dealings will be done on the basis set out in this paragraph and on the basis of any additional agreement which the Company may enter into with the Client to regulate such activity. The Client will only be entitled to access Company’s Electronic Systems and enter into Transactions via Company’s Electronic Systems for his/her own internal business use on a non-exclusive, non-transferable basis. The Client acknowledges and accepts that the Company has the right to restrict any access to its Electronic Systems where it deems appropriate, for the smooth operation of its Electronic Systems as well as to protect other client’s interest and its own. All rights and interests and all intellectual property rights (including, without limitation, all trademarks and trade names in or relating to the Company) are owned by the Company or Company’s suppliers, and are being used by the Company under license, and will remain Company’s property or that of Company’s suppliers at all times. The Client will have no right or interest in those intellectual property rights other than the right to access Company’s Electronic Systems and to use the Services provided via the Company’s Electronic Systems. The Company reserves the right to effect any such changes and/or any substitution of all or any part of its Electronic Systems at any time, and in any manner, as it might deem fit in its exclusive discretion, and without notice to the Client. The Client may only download any content of Company’s Electronic Systems (Content) in order to use it for his/her designated purpose. The Client will treat all Content as confidential. The Client may not republish, distribute, reproduce or disclose to any person any of the Content in any form without Company’s prior written consent. The Company may make available to the Client the ability to enter into Transactions through Company’s Electronic Systems. Any Content that the Company includes on Company’s Electronic Systems in respect of a Transaction does not constitute an offer to the Client that the Company will enter into a Transaction on the terms set out. The Company may amend that Content at any time in Company’s sole discretion, including, without limitation, after the Client has submitted to the Company a firm indication of interest or other instruction indicating that he/she wishes to proceed with a Transaction. The Client acknowledges that electronic communications can be subject to delay and/or corruption and that Content of Company’s Electronic Systems may not be provided in real time or updated. The Client has the right to call Company’s Client Service Desk and made requests verbally, however no trading orders would be accepted via phone The Client acknowledges and accepts that the Company has the right not to accept any verbal instruction in case the Company’s personnel are not satisfied of the verification of the caller’s/Client’s identity or in the case the caller/Client does not provide clear instructions to the Company. The Client acknowledges that verbal instructions/requests will be treated on a first come, first serve basis and the Company bears no responsibility of possible delays on processing the verbal requests. The Client undertakes to take the necessary precautions to ensure the confidentiality of all information, including, but not limited to, the Client’s Electronic Systems access codes, user ID, portfolio details, transaction activities, account balances, as well as all other information and all orders. The Client acknowledges that the Company bears no responsibility in the case that the access codes are used unauthorised by any third party. The Client is strongly advised not to use any public computer to login with his access codes. The Client should always logout from the Company’s Electronic Systems. The Client shall be personally liable for all Orders given through and under his/her access codes and any such Orders received by the Company shall be deemed to have been received by the Client. Where an unauthorised third person is acting on behalf of the Client, the Client shall be personally liable for all Orders given through and under access codes given by the Company to the Client. The Company reserves the right to reject any Orders transmitted to the Company through any means other than the Company’s predetermined Electronic Systems. The Client undertakes to notify the Company immediately if it comes to his/her attention that Client’s Electronic Systems access codes are being used unauthorised. The Client accepts that the Company is unable to identify any instances when a person, other than the Client, is logging-in the Company’s Electronic Systems without the Client’s express consent. To the extent permitted by law: i. The Company excludes any conditions, warranties and representations, express or implied, statutory or otherwise as to condition, satisfactory quality, performance, fitness for purpose or otherwise regarding the Company’s Electronic Systems; ii. The Company will not be liable for any loss, liability or cost (including consequential loss) suffered or incurred by the Client as a result of instructions given, or any other communications being made, via the internet; iii. The Client will be solely responsible for all orders, and the accuracy of all information, sent via the internet using Client’s access codes or any personal identification issued to the Client; and iv. The Company is not liable for any damage or loss that may be caused to any equipment or software due to any viruses, defects or malfunctions in connection with the access to or use of the Company’s Electronic Systems. The Company shall maintain its Electronic Systems in such a manner as to ensure its efficient and effective operation. To this respect the Company may be required to effectuate maintenance, replacements, updates, upgrades, fixes and patches to its Electronic Systems. Such actions may cause the Company’s Electronic Systems to be inaccessible to the Client for a period of time. The Company bears no liability for any damages or losses, including financial losses, to the Client caused by any action described herein or by any unavailability of, or interruption to the normal operation, of the Company’s Electronic Systems. The Company shall have the right to suspend or terminate the Client’s access to Company’s Electronic Systems if, in the Company’s discretion acting reasonably, the Client fails to perform its payment obligations in respect of any Company’s Electronic Systems or the connection has been used by the Client in such a way that it adversely affects the Company or any third party, or it has been used other than in compliance with the provisions hereof. Unacceptable usage of the Company’s Electronic Systems includes, without any limitations, unauthorised use of market data, voluntary granting of access to the terminal to unauthorised persons, execution of suspicious transactions within the meaning of the Applicable Regulation, etc.
Appears in 3 contracts
Samples: Client Agreement, Client Agreement, Client Agreement
Electronic Trading. The Company shall provide the Client with the facility to enter into Transactions or carry on dealings with the Company via an internet website or through some other electronic medium (Company’s Electronic Systems). Any such dealings will be done on the basis set out in this paragraph and on the basis of any additional agreement which the Company may enter into with the Client to regulate such activity. The Client will only be entitled to access Company’s Electronic Systems and enter into Transactions via Company’s Electronic Systems for his/her own internal business use on a non-exclusive, non-non- transferable basis. The Client acknowledges and accepts that the Company has the right to restrict any access to its Electronic Systems where it deems appropriate, for the smooth operation of its Electronic Systems as well as to protect other client’s interest and its own. All rights and interests and all intellectual property rights (including, without limitation, all trademarks and trade names in or relating to the Company) are owned by the Company or Company’s suppliers, and are being used by the Company under license, and will remain Company’s property or that of Company’s suppliers at all times. The Client will have no right or interest in those intellectual property rights other than the right to access Company’s Electronic Systems and to use the Services provided via the Company’s Electronic Systems. The Company reserves the right to effect any such changes and/or any substitution of all or any part of its Electronic Systems at any time, and in any manner, as it might deem fit in its exclusive discretion, and without notice to the Client. The Client may only download any content of Company’s Electronic Systems (Content) in order to use it for his/her designated purpose. The Client will treat all Content as confidential. The Client may not republish, distribute, reproduce or disclose to any person any of the Content in any form without Company’s prior written consent. The Company may make available to the Client the ability to enter into Transactions through Company’s Electronic Systems. Any Content that the Company includes on Company’s Electronic Systems in respect of a Transaction does not constitute an offer to the Client that the Company will enter into a Transaction on the terms set out. The Company may amend that Content at any time in Company’s sole discretion, including, without limitation, after the Client has submitted to the Company a firm indication of interest or other instruction indicating that he/she wishes to proceed with a Transaction. The Client acknowledges that electronic communications can be subject to delay and/or corruption and that Content of Company’s Electronic Systems may not be provided in real time or updated. The Client has the right to call Company’s Client Service Desk and made requests verbally, however no trading orders would be accepted via phone The Client acknowledges and accepts that the Company has the right not to accept any verbal instruction in case the Company’s personnel are not satisfied of the verification of the caller’s/Client’s identity or in the case the caller/Client does not provide clear instructions to the Company. The Client acknowledges that verbal instructions/requests will be treated on a first come, first serve basis and the Company bears no responsibility of possible delays on processing the verbal requests. The Client undertakes to take the necessary precautions to ensure the confidentiality of all information, including, but not limited to, the Client’s Electronic Systems access codes, user ID, portfolio details, transaction activities, account balances, as well as all other information and all orders. The Client acknowledges that the Company bears no responsibility in the case that the access codes are used unauthorised by any third party. The Client is strongly advised not to use any public computer to login with his access codes. The Client should always logout from the Company’s Electronic Systems. The Client shall be personally liable for all Orders given through and under his/her access codes and any such Orders received by the Company shall be deemed to have been received by the Client. Where an unauthorised third person is acting on behalf of the Client, the Client shall be personally liable for all Orders given through and under access codes given by the Company to the Client. The Company reserves the right to reject any Orders transmitted to the Company through any means other than the Company’s predetermined Electronic Systems. The Client undertakes to notify the Company immediately if it comes to his/her attention that Client’s Electronic Systems access codes are being used unauthorised. The Client accepts that the Company is unable to identify any instances when a person, other than the Client, is logging-in the Company’s Electronic Systems without the Client’s express consent. To the extent permitted by law:
i. The Company excludes any conditions, warranties and representations, express or implied, statutory or otherwise as to condition, satisfactory quality, performance, fitness for purpose or otherwise regarding the Company’s Electronic Systems;
ii. The Company will not be liable for any loss, liability or cost (including consequential loss) suffered or incurred by the Client as a result of instructions given, or any other communications being made, via the internet;
iii. The Client will be solely responsible for all orders, and the accuracy of all information, sent via the internet using Client’s access codes or any personal identification issued to the Client; and
iv. The Company is not liable for any damage or loss that may be caused to any equipment or software due to any viruses, defects or malfunctions in connection with the access to or use of the Company’s Electronic Systems. The Company shall maintain its Electronic Systems in such a manner as to ensure its efficient and effective operation. To this respect the Company may be required to effectuate maintenance, replacements, updates, upgrades, fixes and patches to its Electronic Systems. Such actions may cause the Company’s Electronic Systems to be inaccessible to the Client for a period of time. The Company bears no liability for any damages or losses, including financial losses, to the Client caused by any action described herein or by any unavailability of, or interruption to the normal operation, of the Company’s Electronic Systems. The Company shall have the right to suspend or terminate the Client’s access to Company’s Electronic Systems if, in the Company’s discretion acting reasonably, the Client fails to perform its payment obligations in respect of any Company’s Electronic Systems or the connection has been used by the Client in such a way that it adversely affects the Company or any third party, or it has been used other than in compliance with the provisions hereof. Unacceptable usage of the Company’s Electronic Systems includes, without any limitations, unauthorised use of market data, voluntary granting of access to the terminal to unauthorised persons, execution of suspicious transactions within the meaning of the Applicable Regulation, etc.
Appears in 2 contracts
Samples: Client Agreement, Client Agreement
Electronic Trading. The Company shall provide the Client with the facility to enter into Transactions or carry on dealings with the Company via an internet website or through some other electronic medium (Company’s Electronic Systems). Any such dealings will be done on the basis set out in this paragraph and based on the basis of any additional agreement which the Company may enter into with the Client to regulate such activity. The Client will only be entitled to access Company’s Electronic Systems and enter into Transactions via Company’s Electronic Systems for his/her own internal business use on a non-exclusive, non-transferable basis. The Client acknowledges and accepts that the Company has the right to restrict any access to its Electronic Systems where it deems appropriate, for the smooth operation of its Electronic Systems as well as to protect other client’s interest and its own. All rights and interests and all intellectual property rights (including, without limitation, all trademarks and trade names in or relating to the Company) are owned by the Company or Company’s suppliers, and are being used by the Company under license, and will remain Company’s property or that of Company’s suppliers at all times. The Client will have no right or interest in those intellectual property rights other than the right to access Company’s Electronic Systems and to use the Services provided via the Company’s Electronic Systems. The Company reserves the right to effect any such changes and/or any substitution of all or any part of its Electronic Systems at any time, and in any manner, as it might deem fit in its exclusive discretion, and without notice to the Client. The Client may only download any content of Company’s Electronic Systems (Content) in order to use it for his/her designated purpose. The Client will treat all Content as confidential. The Client may not republish, distribute, reproduce reproduce, or disclose to any person any of the Content in any form without Company’s prior written consent. The Company may make available to the Client the ability to enter into Transactions through Company’s Electronic Systems. Any Content that the Company includes on Company’s Electronic Systems in respect of a Transaction does not constitute an offer to the Client that the Company will enter into a Transaction on the terms set out. The Company may amend that Content at any time in Company’s sole discretion, including, without limitation, after the Client has submitted to the Company a firm indication of interest or other instruction indicating that he/she wishes to proceed with a Transaction. Kingstown, VC0100 St. Xxxxxxx and the Grenadines Email: xxxxxxxxx@xxxxxxxxxxxxxxxx.xxx Web: xxx.xxxxxxxxxxxxxxxx.xxx The Client acknowledges that electronic communications can be subject to delay and/or corruption and that Content of Company’s Electronic Systems may not be provided in real time or updated. The Client has the right to call Company’s Client Service Desk and made requests verbally, however no trading orders would be accepted via phone The Client acknowledges and accepts that the Company has the right not to accept any verbal instruction in case the Company’s personnel are not satisfied of the verification of the caller’s/Client’s identity or in the case the caller/Client does not provide clear instructions to the Company. The Client acknowledges that verbal instructions/requests will be treated on a first come, first serve basis and the Company bears no responsibility of possible delays on processing the verbal requests. The Client undertakes to take the necessary precautions to ensure the confidentiality of all information, including, but not limited to, the Client’s Electronic Systems access codes, user ID, portfolio details, transaction activities, account balances, as well as all other information and all orders. The Client acknowledges that the Company bears no responsibility in the case that the access codes are used unauthorised by any third party. The Client is strongly advised not to use any public computer to login with his access codes. The Client should always logout from the Company’s Electronic Systems. The Client shall be personally liable for all Orders given through and under his/her access codes and any such Orders received by the Company shall be deemed to have been received by the Client. Where an unauthorised third person is acting on behalf of the Client, the Client shall be personally liable for all Orders given through and under access codes given by the Company to the Client. The Company reserves the right to reject any Orders transmitted to the Company through any means other than the Company’s predetermined Electronic Systems. The Client undertakes to notify the Company immediately if it comes to his/her attention that Client’s Electronic Systems access codes are being used unauthorised. The Client accepts that the Company is unable to identify any instances when a person, other than the Client, is logging-in the Company’s Electronic Systems without the Client’s express consent. To the extent permitted by law:
i. The Company excludes any conditions, warranties and representations, express or implied, statutory or otherwise as to condition, satisfactory quality, performance, fitness for purpose or otherwise regarding the Company’s Electronic Systems;
ii. The Company will not be liable for any loss, liability or cost (including consequential loss) suffered or incurred by the Client as a result of instructions given, or any other communications being made, via the internet;
iii. The Client will be solely responsible for all orders, and the accuracy of all information, sent Kingstown, VC0100 St. Xxxxxxx and the Grenadines Email: xxxxxxxxx@xxxxxxxxxxxxxxxx.xxx Web: xxx.xxxxxxxxxxxxxxxx.xxx via the internet using Client’s access codes or any personal identification issued to the Client; and
iv. The Company is not liable for any damage or loss that may be caused to any equipment or software due to any viruses, defects defects, or malfunctions in connection with the access to or use of the Company’s Electronic Systems. The Company shall maintain its Electronic Systems in such a manner as to ensure its efficient and effective operation. To this respect the Company may be required to effectuate maintenance, replacements, updates, upgrades, fixes and patches to its Electronic Systems. Such actions may cause the Company’s Electronic Systems to be inaccessible to the Client for a period of time. The Company bears no liability for any damages or losses, including financial losses, to the Client caused by any action described herein or by any unavailability of, or interruption to the normal operation, of the Company’s Electronic Systems. The Company shall have the right to suspend or terminate the Client’s access to Company’s Electronic Systems if, in the Company’s discretion acting reasonably, the Client fails to perform its payment obligations in respect of any Company’s Electronic Systems or the connection has been used by the Client in such a way that it adversely affects the Company or any third party, or it has been used other than in compliance with the provisions hereof. Unacceptable usage of the Company’s Electronic Systems includes, without any limitations, unauthorised use of market data, voluntary granting of access to the terminal to unauthorised persons, execution of suspicious transactions within the meaning of the Applicable Regulation, etc.. Kingstown, VC0100 St. Xxxxxxx and the Grenadines Email: xxxxxxxxx@xxxxxxxxxxxxxxxx.xxx Web: xxx.xxxxxxxxxxxxxxxx.xxx
Appears in 2 contracts
Samples: Client Agreement, Client Agreement
Electronic Trading. The Company shall provide the Client with the facility to enter into Transactions or carry on dealings with the Company via an internet website or through some other electronic medium (Company’s Electronic Systems). Any such dealings will be done on the basis set out in this paragraph and on the basis of any additional agreement which the Company may enter into with the Client to regulate such activity. The Client will only be entitled to access Company’s Electronic Systems and enter into Transactions via Company’s Electronic Systems for his/her own internal business use on a non-exclusive, non-transferable basis. The Client acknowledges and accepts that the Company has the right to restrict any access to its Electronic Systems where it deems appropriate, for the smooth operation of its Electronic Systems as well as to protect other client’s interest and its own. All rights and interests and all intellectual property rights (including, without limitation, all trademarks and trade names in or relating to the Company) are owned by the Company or Company’s suppliers, and are being used by the Company under license, and will remain Company’s property or that of Company’s suppliers at all times. The Client will have no right or interest in those intellectual property rights other than the right to access Company’s Electronic Systems and to use the Services provided via the Company’s Electronic Systems. The Company reserves the right to effect any such changes and/or any substitution of all or any part of its Electronic Systems at any time, and in any manner, as it might deem fit in its exclusive discretion, and without notice to the Client. The Client may only download any content of Company’s Electronic Systems (Content) in order to use it for his/her designated purpose. The Client will treat all Content as confidential. The Client may not republish, distribute, reproduce or disclose to any person any of the Content in any form without Company’s prior written consent. The Company may make available to the Client the ability to enter into Transactions through Company’s Electronic Systems. Any Content that the Company includes on Company’s Electronic Systems in respect of a Transaction does not constitute an offer to the Client that the Company will enter into a Transaction on the terms set out. The Company may amend that Content at any time in Company’s sole discretion, including, without limitation, after the Client has submitted to the Company a firm indication of interest or other instruction indicating that he/she wishes to proceed with a Transaction. Kingstown, VC0100 St. Xxxxxxx and the Grenadines Email: xxxxxxxxx@xxxxxxxxxxxxxxxx.xxx Web: xxx.xxxxxxxxxxxxxxxx.xxx The Client acknowledges that electronic communications can be subject to delay and/or corruption and that Content of Company’s Electronic Systems may not be provided in real time or updated. The Client has the right to call Company’s Client Service Desk and made requests verbally, however no trading orders would be accepted via phone The Client acknowledges and accepts that the Company has the right not to accept any verbal instruction in case the Company’s personnel are not satisfied of the verification of the caller’s/Client’s identity or in the case the caller/Client does not provide clear instructions to the Company. The Client acknowledges that verbal instructions/requests will be treated on a first come, first serve basis and the Company bears no responsibility of possible delays on processing the verbal requests. The Client undertakes to take the necessary precautions to ensure the confidentiality of all information, including, but not limited to, the Client’s Electronic Systems access codes, user ID, portfolio details, transaction activities, account balances, as well as all other information and all orders. The Client acknowledges that the Company bears no responsibility in the case that the access codes are used unauthorised by any third party. The Client is strongly advised not to use any public computer to login with his access codes. The Client should always logout from the Company’s Electronic Systems. The Client shall be personally liable for all Orders given through and under his/her access codes and any such Orders received by the Company shall be deemed to have been received by the Client. Where an unauthorised third person is acting on behalf of the Client, the Client shall be personally liable for all Orders given through and under access codes given by the Company to the Client. The Company reserves the right to reject any Orders transmitted to the Company through any means other than the Company’s predetermined Electronic Systems. The Client undertakes to notify the Company immediately if it comes to his/her attention that Client’s Electronic Systems access codes are being used unauthorised. The Client accepts that the Company is unable to identify any instances when a person, other than the Client, is logging-in the Company’s Electronic Systems without the Client’s express consent. To the extent permitted by law:
i. The Company excludes any conditions, warranties and representations, express or implied, statutory or otherwise as to condition, satisfactory quality, performance, fitness for purpose or otherwise regarding the Company’s Electronic Systems;
ii. The Company will not be liable for any loss, liability or cost (including consequential loss) suffered or incurred by the Client as a result of instructions given, or any other communications being made, via the internet;
iii. The Client will be solely responsible for all orders, and the accuracy of all information, sent Kingstown, VC0100 St. Xxxxxxx and the Grenadines Email: xxxxxxxxx@xxxxxxxxxxxxxxxx.xxx Web: xxx.xxxxxxxxxxxxxxxx.xxx via the internet using Client’s access codes or any personal identification issued to the Client; and
iv. The Company is not liable for any damage or loss that may be caused to any equipment or software due to any viruses, defects or malfunctions in connection with the access to or use of the Company’s Electronic Systems. The Company shall maintain its Electronic Systems in such a manner as to ensure its efficient and effective operation. To this respect the Company may be required to effectuate maintenance, replacements, updates, upgrades, fixes and patches to its Electronic Systems. Such actions may cause the Company’s Electronic Systems to be inaccessible to the Client for a period of time. The Company bears no liability for any damages or losses, including financial losses, to the Client caused by any action described herein or by any unavailability of, or interruption to the normal operation, of the Company’s Electronic Systems. The Company shall have the right to suspend or terminate the Client’s access to Company’s Electronic Systems if, in the Company’s discretion acting reasonably, the Client fails to perform its payment obligations in respect of any Company’s Electronic Systems or the connection has been used by the Client in such a way that it adversely affects the Company or any third party, or it has been used other than in compliance with the provisions hereof. Unacceptable usage of the Company’s Electronic Systems includes, without any limitations, unauthorised use of market data, voluntary granting of access to the terminal to unauthorised persons, execution of suspicious transactions within the meaning of the Applicable Regulation, etc.. Kingstown, VC0100 St. Xxxxxxx and the Grenadines Email: xxxxxxxxx@xxxxxxxxxxxxxxxx.xxx Web: xxx.xxxxxxxxxxxxxxxx.xxx
Appears in 2 contracts
Samples: Client Agreement, Client Agreement
Electronic Trading. The Company shall provide the Client with the facility to enter into Transactions or carry on dealings with the Company via an internet website or through some other electronic medium (Company’s Electronic Systems). Any such dealings will be done on the basis set out in this paragraph and on the basis of any additional agreement which the Company may enter into with the Client to regulate such activity. The Client will only be entitled to access Company’s Electronic Systems and enter into Transactions via Company’s Electronic Systems for his/her own internal business use on a non-exclusive, non-transferable basis. The Client acknowledges and accepts that the Company has the right to restrict any access to its Electronic Systems where it deems appropriate, for the smooth operation of its Electronic Systems as well as to protect other client’s interest and its own. All rights and interests and all intellectual property rights (including, without limitation, all trademarks and trade names in or relating to the Company) are owned by the Company or Company’s suppliers, and are being used by the Company under license, and will remain Company’s property or that of Company’s suppliers at all times. The Client will have no right or interest in those intellectual property rights other than the right to access Company’s Electronic Systems and to use the Services provided via the Company’s Electronic Systems. The Company reserves the right to effect any such changes and/or any substitution of all or any part of its Electronic Systems at any time, and in any manner, as it might deem fit in its exclusive discretion, and without notice to the Client. The Client may only download any content of Company’s Electronic Systems (Content) in order to use it for his/her designated purpose. The Client will treat all Content as confidential. The Client may not republish, distribute, reproduce or disclose to any person any of the Content in any form without Company’s prior written consent. The Company may make available to the Client the ability to enter into Transactions through Company’s Electronic Systems. Any Content that the Company includes on Company’s Electronic Systems in respect of a Transaction does not constitute an offer to the Client that the Company will enter into a Transaction on the terms set out. The Company may amend that Content at any time in Company’s sole discretion, including, without limitation, after the Client has submitted to the Company a firm indication of interest or other instruction indicating that he/she wishes to proceed with a Transaction. Suite 305, Xxxxxxxx Corporate Centre P.O. Box 1510, Beachmont, Kingstown St. Xxxxxxx and the Grenadines Email: xxxxxxxxx@xxxxxxxxxxxxxxxx.xxx Web: xxx.xxxxxxxxxxxxxxxx.xxx The Client acknowledges that electronic communications can be subject to delay and/or corruption and that Content of Company’s Electronic Systems may not be provided in real time or updated. The Client has the right to call Company’s Client Service Desk and made requests verbally, however no trading orders would be accepted via phone The Client acknowledges and accepts that the Company has the right not to accept any verbal instruction in case the Company’s personnel are not satisfied of the verification of the caller’s/Client’s identity or in the case the caller/Client does not provide clear instructions to the Company. The Client acknowledges that verbal instructions/requests will be treated on a first come, first serve basis and the Company bears no responsibility of possible delays on processing the verbal requests. The Client undertakes to take the necessary precautions to ensure the confidentiality of all information, including, but not limited to, the Client’s Electronic Systems access codes, user ID, portfolio details, transaction activities, account balances, as well as all other information and all orders. The Client acknowledges that the Company bears no responsibility in the case that the access codes are used unauthorised by any third party. The Client is strongly advised not to use any public computer to login with his access codes. The Client should always logout from the Company’s Electronic Systems. The Client shall be personally liable for all Orders given through and under his/her access codes and any such Orders received by the Company shall be deemed to have been received by the Client. Where an unauthorised third person is acting on behalf of the Client, the Client shall be personally liable for all Orders given through and under access codes given by the Company to the Client. The Company reserves the right to reject any Orders transmitted to the Company through any means other than the Company’s predetermined Electronic Systems. The Client undertakes to notify the Company immediately if it comes to his/her attention that Client’s Electronic Systems access codes are being used unauthorised. The Client accepts that the Company is unable to identify any instances when a person, other than the Client, is logging-in the Company’s Electronic Systems without the Client’s express consent. To the extent permitted by law:
i. The Company excludes any conditions, warranties and representations, express or implied, statutory or otherwise as to condition, satisfactory quality, performance, fitness for purpose or otherwise regarding the Company’s Electronic Systems;
ii. The Company will not be liable for any loss, liability or cost (including consequential loss) suffered or incurred by the Client as a result of instructions given, or any other communications being made, via the internet;; Suite 305, Xxxxxxxx Corporate Centre P.O. Box 1510, Beachmont, Kingstown St. Xxxxxxx and the Grenadines Email: xxxxxxxxx@xxxxxxxxxxxxxxxx.xxx Web: xxx.xxxxxxxxxxxxxxxx.xxx
iii. The Client will be solely responsible for all orders, and the accuracy of all information, sent via the internet using Client’s access codes or any personal identification issued to the Client; and
iv. The Company is not liable for any damage or loss that may be caused to any equipment or software due to any viruses, defects or malfunctions in connection with the access to or use of the Company’s Electronic Systems. The Company shall maintain its Electronic Systems in such a manner as to ensure its efficient and effective operation. To this respect the Company may be required to effectuate maintenance, replacements, updates, upgrades, fixes and patches to its Electronic Systems. Such actions may cause the Company’s Electronic Systems to be inaccessible to the Client for a period of time. The Company bears no liability for any damages or losses, including financial losses, to the Client caused by any action described herein or by any unavailability of, or interruption to the normal operation, of the Company’s Electronic Systems. The Company shall have the right to suspend or terminate the Client’s access to Company’s Electronic Systems if, in the Company’s discretion acting reasonably, the Client fails to perform its payment obligations in respect of any Company’s Electronic Systems or the connection has been used by the Client in such a way that it adversely affects the Company or any third party, or it has been used other than in compliance with the provisions hereof. Unacceptable usage of the Company’s Electronic Systems includes, without any limitations, unauthorised use of market data, voluntary granting of access to the terminal to unauthorised persons, execution of suspicious transactions within the meaning of the Applicable Regulation, etc.. Suite 305, Xxxxxxxx Corporate Centre P.O. Box 1510, Beachmont, Kingstown St. Xxxxxxx and the Grenadines Email: xxxxxxxxx@xxxxxxxxxxxxxxxx.xxx Web: xxx.xxxxxxxxxxxxxxxx.xxx
Appears in 1 contract
Samples: Client Agreement
Electronic Trading. The Company shall provide the Client with the facility to enter into Transactions or carry on dealings with the Company via an internet website or through some other electronic medium (Company’s Electronic Systems). Any such dealings will be done on the basis set out in this paragraph and on the basis of any additional agreement which the Company may enter into with the Client to regulate such activity. The Client will only be entitled to access Company’s Electronic Systems and enter into Transactions via Company’s Electronic Systems for his/her own internal business use on a non-exclusivenonexclusive, non-transferable basis. The Client acknowledges and accepts that the Company has the right to restrict any access to its Electronic Systems where it deems appropriate, for the smooth operation of its Electronic Systems as well as to protect other client’s interest and its own. All rights and interests and all intellectual property rights (including, without limitation, all trademarks and trade names in or relating to the Company) are owned by the Company or Company’s suppliers, and are being used by the Company under license, and will remain Company’s property or that of Company’s suppliers at all times. The Client will have no right or interest in those intellectual property rights other than the right to access Company’s Electronic Systems and to use the Services provided via the Company’s Electronic Systems. The Company reserves the right to effect any such changes and/or any substitution of all or any part of its Electronic Systems at any time, and in any manner, as it might deem fit in its exclusive discretion, and without notice to the Client. The Client may only download any content of Company’s Electronic Systems (Content) in order to use it for his/her designated purpose. The Client will treat all Content as confidential. The Client may not republish, distribute, reproduce or disclose to any person any of the Content in any form without Company’s prior written consent. consent The Company may make available to the Client the ability to enter into Transactions through Company’s Electronic Systems. Any Content that the Company includes on Company’s Electronic Systems in respect of a Transaction does not constitute an offer to the Client that the Company will enter into a Transaction on the terms set out. The Company may amend that Content at any time in Company’s sole discretion, including, without limitation, after the Client has submitted to the Company a firm indication of interest or other instruction indicating that he/she wishes to proceed with a Transaction. The Client acknowledges that electronic communications can be subject to delay and/or corruption and that Content of Company’s Electronic Systems may not be provided in real time or updated. The Client has the right to call Company’s Client Service Desk and made requests verbally, however no trading orders would be accepted via phone The Client acknowledges and accepts that the Company has the right not to accept any verbal instruction in case the Company’s personnel are not satisfied of the verification of the caller’s/Client’s identity or in the case the caller/Client does not provide clear instructions to the Company. The Client acknowledges that verbal instructions/requests will be treated on a first come, first serve basis and the Company bears no responsibility of possible delays on processing the verbal requests. The Client undertakes to take the necessary precautions to ensure the confidentiality of all information, including, but not limited to, the Client’s Electronic Systems access codes, user ID, portfolio details, transaction activities, account balances, as well as all other information and all orders. The Client acknowledges that the Company bears no responsibility in the case that the access codes are used unauthorised by any third party. The Client is strongly advised not to use any public computer to login with his access codes. The Client should always logout from the Company’s Electronic Systems. The Client shall be personally liable for all Orders given through and under his/her access codes and any such Orders received by the Company shall be deemed to have been received by the Client. Where an unauthorised third person is acting on behalf of the Client, the Client shall be personally liable for all Orders given through and under access codes given by the Company to the Client. The Company reserves the right to reject any Orders transmitted to the Company through any means other than the Company’s predetermined Electronic Systems. The Client undertakes to notify the Company immediately if it comes to his/her attention that Client’s Electronic Systems access codes are being used unauthorised. The Client accepts that the Company is unable to identify any instances when a person, other than the Client, is logging-in loggingin the Company’s Electronic Systems without the Client’s express consent. To the extent permitted by law:
i. The Company excludes any conditions, warranties and representations, express or implied, statutory or otherwise as to condition, satisfactory quality, performance, fitness for purpose or otherwise regarding the Company’s Electronic Systems;
ii. The Company will not be liable for any loss, liability or cost (including consequential loss) suffered or incurred by the Client as a result of instructions given, or any other communications being made, via the internet;
iii. The Client will be solely responsible for all orders, and the accuracy of all information, sent via the internet using Client’s access codes or any personal identification issued to the Client; and
iv. The Company is not liable for any damage or loss that may be caused to any equipment or software due to any viruses, defects or malfunctions in connection with the access to or use of the Company’s Electronic Systems. The Company shall maintain its Electronic Systems in such a manner as to ensure its efficient and effective operation. To this respect the Company is not liable for any damage or loss that may be required caused to effectuate maintenanceany equipment or software due to any viruses, replacements, updates, upgrades, fixes and patches defects or malfunctions in connection with the access to its Electronic Systems. Such actions may cause the Company’s Electronic Systems to be inaccessible to the Client for a period of time. The Company bears no liability for any damages or losses, including financial losses, to the Client caused by any action described herein or by any unavailability of, or interruption to the normal operation, use of the Company’s Electronic Systems. The Company shall have the right to suspend or terminate the Client’s access to Company’s Electronic Systems if, in the Company’s discretion acting reasonably, the Client fails to perform its payment obligations in respect of any Company’s Electronic Systems or the connection has been used by the Client in such a way that it adversely affects the Company or any third party, or it has been used other than in compliance with the provisions hereof. Unacceptable usage of the Company’s Electronic Systems includes, without any limitations, unauthorised use of market data, voluntary granting of access to the terminal to unauthorised persons, execution of suspicious transactions within the meaning of the Applicable Regulation, etc.
Appears in 1 contract
Samples: Client Agreement
Electronic Trading. The Company shall provide the Client with the facility to enter into Transactions or carry on dealings with the Company via an internet website or through some other electronic medium (Company’s Electronic Systems). Any such dealings will be done on the basis set out in this paragraph and on the basis of any additional agreement which the Company may enter into with the Client to regulate such activity. The Client will only be entitled to access Company’s Electronic Systems and enter into Transactions via Company’s Electronic Systems for his/her own internal business use on a non-exclusive, non-transferable basis. The Client acknowledges and accepts that the Company has the right to restrict any access to its Electronic Systems where it deems appropriate, for the smooth operation of its Electronic Systems as well as to protect other client’s interest and its own. All rights and interests and all intellectual property rights (including, without limitation, all trademarks and trade names in or relating to the Company) are owned by the Company or Company’s suppliers, and are being used by the Company under license, and will remain Company’s property or that of Company’s suppliers at all times. The Client will have no right or interest in those intellectual property rights other than the right to access Company’s Electronic Systems and to use the Services provided via the Company’s Electronic Systems. The Company reserves the right to effect any such changes and/or any substitution of all or any part of its Electronic Systems at any time, and in any manner, as it might deem fit in its exclusive discretion, and without notice to the Client. The Client may only download any content of Company’s Electronic Systems (Content) in order to use it for his/her designated purpose. The Client will treat all Content as confidential. The Client may not republish, distribute, reproduce or disclose to any person any of the Content in any form without Company’s prior written consent. The Company may make available to the Client the ability to enter into Transactions through Company’s Electronic Systems. Any Content that the Company includes on Company’s Electronic Systems in respect of a Transaction does not constitute an offer to the Client that the Company will enter into a Transaction on the terms set out. The Company may amend that Content at any time in Company’s sole discretion, including, without limitation, after the Client has submitted to the Company a firm indication of interest or other instruction indicating that he/she wishes to proceed with a Transaction. The Client acknowledges that electronic communications can be subject to delay and/or corruption and that Content of Company’s Electronic Systems may not be provided in real time or updated. The Client has the right to call Company’s Client Service Desk and made requests verbally, however no trading orders would be accepted via phone The Client acknowledges and accepts that the Company has the right not to accept any verbal instruction in case the Company’s personnel are not satisfied of the verification of the caller’s/Client’s identity or in the case the caller/Client does not provide clear instructions to the Company. The Client acknowledges that verbal instructions/requests will be treated on a first come, first serve basis and the Company bears no responsibility of possible delays on processing the verbal requests. The Client undertakes to take the necessary precautions to ensure the confidentiality of all information, including, but not limited to, the Client’s Electronic Systems access codes, user ID, portfolio details, transaction activities, account balances, as well as all other information and all orders. The Client acknowledges that the Company bears no responsibility in the case that the access codes are used unauthorised unauthorized by any third party. The Client is strongly advised not to use any public computer to login with his access codes. The Client should always logout from the Company’s Electronic Systems. The Client shall be personally liable for all Orders given through and under his/her access codes and any such Orders received by the Company shall be deemed to have been received by the Client. Where an unauthorised unauthorized third person is acting on behalf of the Client, the Client shall be personally liable for all Orders given through and under access codes given by the Company to the Client. The Company reserves the right to reject any Orders transmitted to the Company through any means other than the Company’s predetermined Electronic Systems. The Client undertakes to notify the Company immediately if it comes to his/her attention that Client’s Electronic Systems access codes are being used unauthorisedunauthorized. The Client accepts that the Company is unable to identify any instances when a person, other than the Client, is logging-in the Company’s Electronic Systems without the Client’s express consent. To the extent permitted by law:
i. I. The Company excludes any conditions, warranties and representations, express or implied, statutory or otherwise as to condition, satisfactory quality, performance, fitness for purpose or otherwise regarding the Company’s Electronic Systems;
iiII. The Company will not be liable for any loss, liability or cost (including consequential loss) suffered or incurred by the Client as a result of instructions given, or any other communications being made, via the internet;instructions
iiiIII. The Client will be solely responsible for all orders, and the accuracy of all information, sent via the internet using Client’s access codes or any personal identification issued to the Client; and
ivIV. The Company is not liable for any damage or loss that may be caused to any equipment or software due to any viruses, defects or malfunctions in connection with the access to or use of the Company’s Electronic Systems. The Company shall maintain its Electronic Systems in such a manner as to ensure its efficient and effective operation. To this respect the Company may be required to effectuate maintenance, replacements, updates, upgrades, fixes and patches to its Electronic Systems. Such actions may cause the Company’s Electronic Systems to be inaccessible to the Client for a period of time. The Company bears no liability for any damages or losses, including financial losses, to the Client caused by any action described herein or by any unavailability of, or interruption to the normal operation, of the Company’s Electronic Systems. The Company shall have the right to suspend or terminate the Client’s access to Company’s Electronic Systems if, in the Company’s discretion acting reasonably, the Client fails to perform its payment obligations in respect of any Company’s Electronic Systems or the connection has been used by the Client in such a way that it adversely affects the Company or any third party, or it has been used other than in compliance with the provisions hereof. Unacceptable usage of the Company’s Electronic Systems includes, without any limitations, unauthorised use of market data, voluntary granting of access to the terminal to unauthorised persons, execution of suspicious transactions within the meaning of the Applicable Regulation, etc.
Appears in 1 contract
Samples: Client Agreement
