General Exclusion. Neither we nor our directors, officers, employees, or agents shall be liable for any losses, damages, costs or expenses, whether arising out of negligence, breach of contract, misrepresentation or otherwise, incurred or suffered by you under this Agreement (including any Transaction or where we have declined to enter into a proposed Transaction) unless such loss is a reasonably foreseeable consequence or arises directly from our or their respective gross negligence, wilful default or fraud. In no circumstance, shall we have liability for losses suffered by you or any third party for any special or consequential damage, loss of profits, loss of goodwill or loss of business opportunity arising under or in connection with this Agreement, whether arising out of negligence, breach of contract, misrepresentation or otherwise. Nothing in this Agreement will limit our liability for death or personal injury resulting from our negligence.
General Exclusion. 17.2.1. Notwithstanding anything in the Agreement (other than clause 17.1) to the contrary, neither we nor any of our Affiliates nor any of our or their directors, officers, employees or agents (collectively, “Protected Persons”), will be liable for any Loss (including any incidental, indirect or consequential Loss), whether arising out of negligence, breach of contract, misrepresentation or otherwise, incurred or suffered by you or any other person under or in connection with this Client Agreement, any Transaction or any of our dealings with you (including any Order in respect of a Transaction not accepted by us), and irrespective of whether or not you or any other person have been informed of the possibility of such Loss, in each case except to the extent that such Loss arises directly from our own willful default or fraud, as determined by a competent court in a final, non-appealable judgment. Without limiting the generality of the foregoing, under no circumstances will any liability we may have to you extend to any loss of profits, loss of goodwill, loss of business opportunity or reputational damage. The foregoing will not, however, limit our liability for death or personal injury resulting from our negligence.
17.2.2. If at any time you are unable, for whatever reason, to communicate with us, we do not receive any communication sent by you, or you do not receive any communication sent by us under this Agreement, we will not:
17.2.2.1. be responsible for any loss, damage or cost caused to you by any act, error delay or omission resulting therefrom where such loss, damage or cost is a result of your inability to open a Transaction; and
17.2.2.2. except where your inability to communicate with us results from our fraud, willful default or negligence, be responsible for any loss, damage or cost caused to you by any act, error, omission or delay resulting therefrom including without limitation, where such loss, damage or cost is a result of your inability to close a Transaction.
17.2.3. Access to the Trading Platforms is provided “as is” INFINOX makes no warranties (express or implied), representations, or guarantees as to merchantability, fitness for any particular purpose or otherwise with respect to the Trading Platforms, their content, any documentation or any hardware or software provided by INFINOX.
17.2.4. Technical difficulties could be encountered in connection with the Trading Systems. These difficulties could involve, among others, failures, de...
General Exclusion. Notwithstanding anything in this Customer Agreement, neither we nor any of our Affiliates nor any of our or their directors, officers, employees or agents (collectively, “Protected Persons”), will be liable for any Loss (including any incidental, indirect or consequential Loss), whether arising out of negligence, breach of contract, misrepresentation or otherwise, incurred or suffered by you or any other person under or in connection with this Trading Agreement, any Transaction or any of our dealings with you (including any Order in respect of a Transaction not accepted by us), and irrespective of whether or not you or any other person have been informed of the possibility of such Loss, in each case except to the extent that such Loss arises directly from our own willful default or fraud, as determined by a competent court in a final, non- appealable judgment. Without limiting the generality of the foregoing, under no circumstances will any liability we may have to you extend to any loss of profits, loss of goodwill, loss of business opportunity or reputational damage. The foregoing will not, however, limit our liability for death or personal injury resulting from our negligence.
General Exclusion. Any terms, conditions, liabilities or warranties not appearing in this Contract are expressly excluded, other than those that by law cannot be excluded.
General Exclusion. Neither we nor our directors, officers, employees, or agents shall be liable for any losses, damages, costs or expenses, whether arising out of negligence, breach of contract, misrepresentation or otherwise, incurred or suffered by you under this Agreement (including any Transaction or where we have declined to enter a proposed Transaction) unless such loss arises directly from our or their respective gross negligence, willful default or fraud. In no circumstance, shall we have any liability whatsoever for losses suffered by you or any third party for any special or consequential damage, loss of profits, loss of goodwill or loss of business opportunity arising under or in connection with this Agreement, whether arising out of negligence, breach of contract, misrepresentation or otherwise.
General Exclusion. Neither APM nor APM directors, officers, employees, or agents shall be liable for any losses, damages, costs or expenses, whether arising out of negligence, breach of contract, misrepresentation or otherwise, incurred or suffered by the Client under this Agreement (including any Transaction or where APM have declined to enter into a proposed Transaction) unless such loss is a reasonably foreseeable consequence and arises directly from APM or their respective gross negligence, wilful default or fraud. In no circumstance, shall APM have liability for losses suffered by the Client or any third party for any special or consequential damage, loss of profits, loss of goodwill or loss of business opportunity arising under or in connection with this Agreement, whether arising out of negligence, breach of contract, misrepresentation or otherwise. Nothing in this Agreement will limit APM liability for death or personal injury resulting from APM negligence.
General Exclusion. 1.21.1 So long as SFP acts in good faith, it shall not be liable to the Customer in any respect, for any Loss suffered by the Customer, including any Loss resulting from action, inaction or insolvency by or of any Intermediary, exchange, market or clearing house (including wrongful or unlawful action or inaction), or howsoever otherwise suffered and/or incurred by the Customer. SFP shall only be liable to the Customer if SFP has been grossly negligent, fraudulent or in wilful default.
1.21.2 Without prejudice to the generality of Clause 1.21.1, SFP shall not in any event be liable to the Customer for any indirect or consequential Loss (including loss of profit and loss of opportunity) or special or punitive damages.
General Exclusion. Notwithstanding anything in this Customer Agreement (other than clause 25.1) to the contrary, neither we nor any of our Affiliates nor any of our or their directors, officers, employees or agents (collectively, “Protected Persons”), will be liable for any Loss (including any incidental, indirect or consequential Loss), whether arising out of negligence, breach of contract, misrepresentation or otherwise, incurred or suffered by you or any other person under or in connection with this Customer Agreement, any Transaction or any of our dealings with you (including any Order in respect of a Transaction not accepted by us), and irrespective of whether or not you or any other person have been informed of the possibility of such Loss, in each case except to the extent that such Loss arises directly from our own willful default or fraud, as determined by a competent court in a final, non-appealable judgment. Without limiting the generality of the foregoing, under no circumstances will any liability we may have to you extend to any loss of profits, loss of goodwill, loss of business opportunity or reputational damage. The foregoing will not, however, limit our liability for death or personal injury resulting from our negligence. 一般除外条款。即使本客户协议中（除条款 25.1）有任何相反的条款，我们或任何分支机构或我们或他们的任何主管、经理、员工或代理（所有的“被保护人”），不对任何损失负责（包括任何偶然、间接的损失），无论这些损失是否因过失、违约、误解引起或这些损失是您或任何其他人在本客户协议下、任何交易或任何我们与您的交易中（包括任何未被我方接受的交易定单）产生或遭受的，不论您或任何其他人是否已被告知损失的可能性，除非被有关法院终审裁决为此类损失是由我方蓄意欺骗或违约行为所致。在不影响前述规定的一般性的前提下，我们对您的任何责任不会延伸至任何盈利损失、信誉损失、商机损失或名誉损伤。但是，前述规定并不影响我们对由我方失误造成的死亡或人员伤亡的责任。
General Exclusion. Except as set out in 21.2 above neither we nor our directors, officers, employees, or agents shall be liable for any losses, damages, costs or expenses, whether arising out of negligence, breach of contract, misrepresentation or otherwise, incurred or suffered by you under this Agreement (including any Transaction or where we have declined to enter into a proposed Transaction) unless such loss is a reasonably foreseeable consequence or arises directly from our or their respective negligence, wilful default or fraud. In no circumstance shall our liability include losses suffered by you or any third party for any special damage, or loss of profits or loss of goodwill or reputation or loss of business opportunity arising under or in connection with this Agreement, whether arising out of negligence, breach of contract, misrepresentation or otherwise. Nothing in this Agreement will limit our liability for death or personal injury resulting from our negligence.
General Exclusion. Unless specifically provided otherwise in this Agreement, QBT is not liable for any Loss or Claim, including damage, destruction, contamination or loss of Product, suffered by the Client, unless (and then only to the extent that) such is caused directly by the negligence or default of QBT or its employees.
