Common use of General Exclusion Clause in Contracts

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, delays, malfunction, software erosion or hardware damage, which difficulties could be the result of hardware, software or communication link inadequacies or other causes. Such difficulties could lead to possible economic and/or data loss. In no event will INFINOX or its affiliates or any of their employees be liable for any possible loss (including loss of profit or revenue whether direct or indirect), cost or damage including, without limitation, consequential, unforeseeable, special or indirect damages or expense which might occur as a result of or arising out of using, accessing, installing, maintaining, modifying, deactivating or attempting to access the Trading Platforms or otherwise. INFINOX further reserves the right, in its sole discretion to unwind an executed Transaction or adjust the price of executed Transactions (including Transactions that have been confirmed or settled) to a fair Market price if the Transaction was mispriced because of technical difficulties with the Trading Systems. Internet, connectivity delays, and price feed errors sometimes create a situation where the price displayed on the Trading Platforms do not accurately reflect the Market rates. The concept of “arbitrage” and “scalping”, or taking advantage of these internet delays, cannot exist in an over- the-counter Market where the client is buying or selling directly from the Market. INFINOX does not permit the practice of “arbitrage” on the Trading Platforms and considers this improper use or abuse of our trading Platforms. Transactions that rely on price latency arbitrage opportunities may be revoked. INFINOX reserves the right to make the necessary corrections or adjustments on the Account involved. INFINOX may take any action we deem reasonable to recoup losses incurred as a result of the use of electronic algorithmic trading systems or any other means utilized to exploit technical deficiencies or palpable errors. Accounts that rely on arbitrage strategies may at INFINOX’s sole discretion be subject to INFINOX’s intervention and INFINOX’s approval of any Orders. Any dispute arising from such quoting or execution errors will be resolved by INFINOX in their sole and absolute discretion. 17.2.5. INFINOX shall have no obligation to contact you to provide advice upon appropriate action in light of changes in Market conditions or otherwise. 17.2.6. You agree to indemnify and hold INFINOX, its Affiliates and any of their directors, officers, employees and agents harmless from and against any and all liabilities, losses, damages, costs and expenses, including legal fees incurred as a result of your breach of this Agreement or in connection with the provision of the services under this Client Agreement to you provided that any such liabilities, losses, damages, costs and expenses have not arisen as a result of our negligence, fraud or willful default. 17.2.7. Any opinions, news, research, analyses, prices, or other information contained on this website are provided as general Market commentary, and do not constitute investment advice. INFINOX is not liable for any loss or damage, including without limitation, any loss of profit, which may arise directly or indirectly from use of or reliance on such information. INFINOX has taken reasonable measures to ensure the accuracy of the information on the website. The content on this website is subject to change at any time without notice. 17.2.8. You agree not to attempt to abuse our trading Platforms by taking advantage of extremely low liquidity conditions. You accept that we can at our sole discretion deem such trading as abuse or manipulation of our trading Platform and that we at our sole discretion can return your investments without profit or cancel your right to trade on our trading Platform. 17.2.9. You agree to use only secure software programs developed by third parties including but not limited to the generality of those mentioned above, browser software that supports data security protocols compatible with protocols used by us. Moreover, you agree to follow our access procedures (Login) that support such protocols. 17.2.10. We will not be held responsible in the event of an unauthorized access from third parties to information including, but not limited to, electronic addresses and/or personal data, through the exchange of these data between you and us and/or any other party using the Internet or other network or electronic means available. 17.2.11. We are not responsible for any power cuts or failures that prevent the use of our Trading Platforms and cannot be responsible for not fulfilling any obligations under this Agreement because of network connection or electricity failures. In the case of such electricity/ communication/ Internet failures, if you wish to place an Order, then the alternative means of communications/placing orders may be by phone. We reserve the right to decline any verbal instruction in cases where its telephone recording system is not operational or in cases where we are not satisfied with your identity or in cases where the transaction is complicated or in cases where the quality of the line is poor. We further reserve the right to ask you to give instructions regarding your transactions by other means that it deems appropriate. 17.2.12. We shall have no liability for any potential damage you may suffer as a result of transmission errors, technical faults, malfunctions, illegal intervention in network equipment, network overloads, viruses, system errors, delays in execution, malicious blocking of access by third parties, internet malfunctions, interruptions or other deficiencies on the part of internet service providers you acknowledge that access to electronic systems / trading Platforms may be limited or unavailable due to such system errors, and that we reserve our right upon notifying you to suspend access to electronic systems / trading Platforms for this reason. 17.2.13. You further agree that in the case that any Transaction carried out at Prices that do not reflect its Market Prices, or that is acquired or sold at an abnormally advantageous Price (the "Mispricing") due to an undetected programming error, Market or business logic error, bug, defect, error or glitch in our trading Platforms or website software or any other reason resulting in mispricing (for the purpose of this section the "error"), we reserve the right to cancel such Transactions upon notifying you of the nature of the computer error that led to the Mispricing. 17.2.14. INFINOX bears no responsibility for any loss that arises as a result of delayed or unreceived communication sent to clients.

Appears in 14 contracts

Samples: Client Agreement, Client Agreement, Client Agreement

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General Exclusion. 17.2.1. 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, officersofficers, 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 Lossloss, 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 finalfinal, non-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 profitsprofits, 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. 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. a) 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. b) 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 you inability to close a Transaction. 17.2.3. 17.2.3 Access to the Trading Platforms Platform is provided “as is” INFINOX . The Company makes no warranties (express or implied), representations, or guarantees as to merchantability, fitness fitness for any particular purpose or otherwise with respect to the Trading Platforms, their content, any documentation or any hardware or software provided by INFINOXthe Company. 17.2.4. 17.2.4 Technical difficulties difficulties could be encountered in connection with the Trading SystemsPlatforms. These difficulties difficulties could involve, among others, failures, delays, malfunction, software erosion or hardware damage, which difficulties difficulties could be the result of hardware, software or communication link inadequacies or other causes. Such difficulties difficulties could lead to possible economic and/or data loss. In no event will INFINOX or its affiliates the Company or any of their employees be liable for any possible loss (including loss of profit profit or revenue whether direct or indirect), cost or damage including, without limitation, consequential, unforeseeable, special or indirect damages or expense which might occur as a result of or arising out of using, accessing, installing, maintaining, modifying, deactivating or attempting to access the Trading Platforms or otherwise. INFINOX The Company further reserves the right, in its sole discretion to unwind an executed Transaction or adjust the price of executed Transactions (including Transactions that have been confirmed confirmed or settled) to a fair Market price if the Transaction was mispriced because of technical difficulties difficulties with the Trading Systems. . 17.2.5 Internet, connectivity delays, and price feed errors sometimes create a situation where the price displayed on the Trading Systems and Platforms do not accurately reflect reflect the Market market rates. The concept of “arbitrage” and “scalping”, or taking advantage of these internet delays, cannot exist in an over- theover-the- counter Market where the client is buying or selling directly from the Market. INFINOX does The Company do not permit the practice of “arbitrage” on the Trading Systems and Platforms and considers this improper use or abuse of our trading Trading Systems and Platforms. Transactions that rely on price latency arbitrage opportunities may be revoked. INFINOX The Company reserves the right to make the necessary corrections or adjustments on the Account involved. INFINOX The Company may take any action we deem it deems reasonable to recoup losses incurred as a result of the use of electronic algorithmic trading systems or any other means utilized to exploit technical deficiencies deficiencies or palpable errors. Accounts that rely on arbitrage strategies may at INFINOXthe Company’s sole discretion be subject to INFINOXthe Company’s intervention and INFINOXthe Company’s approval of any Orders. Any dispute arising from such quoting or execution errors will be resolved by INFINOX the Company in their sole and absolute discretion. 17.2.5. INFINOX 17.2.6 The Company shall have no obligation to contact you to provide you advice upon appropriate action in light of changes in Market conditions or otherwise. 17.2.6. 17.2.7 You agree to indemnify and hold INFINOXthe Company, its Affiliates and any of their directors, officersofficers, employees and agents harmless from and against any and all liabilities, losses, damages, costs and expenses, including legal fees incurred as a result of your breach of this Agreement or in connection with the provision of the services Services under this Client Agreement to you provided that any such liabilities, losses, damages, costs and expenses have not arisen as a result of our negligence, fraud or willful wilful default. 17.2.7. 17.2.8 Any opinions, news, research, analyses, prices, or other information contained on this website the Website are provided as general Market market commentary, and do not constitute investment advice. INFINOX The Company is not liable for any loss or damage, including without limitation, any loss of profitprofit, which may arise directly or indirectly from use of or reliance on such information. INFINOX The Company has taken reasonable measures to ensure the accuracy of the information on the website. The content on this website is subject to change at any time without notice. 17.2.8. 17.2.9 You agree not to attempt to abuse our trading Trading Platforms by taking advantage of extremely low liquidity conditions. You accept that we can at our sole discretion deem such trading as abuse or manipulation of our trading Platform and that we at our sole discretion can return your investments without profit profit or cancel your right to trade on our trading PlatformTrading Platforms. 17.2.9. 17.2.10 You agree to use only secure software programs developed by third parties including but not limited to the generality of those mentioned above, browser software that supports data security protocols compatible with protocols used by us. Moreover, you agree to follow our access procedures (Login) that support such protocols. 17.2.10. 17.2.11 We will not be held responsible in the event of an unauthorized access from third parties to information including, but not limited to, electronic addresses and/or personal data, through the exchange of these data between you and us and/or any other party using the Internet or other network or electronic means mean available. 17.2.11. 17.2.12 We are not responsible for any power cuts or failures that prevent the use of our Trading Platforms and cannot be responsible for not fulfilling fulfilling any obligations under this Agreement because of network connection or electricity failures. In the case of such electricity/ communication/ Internet failures, if you wish to place an Order, then the alternative means of communications/placing orders may be by phone. We reserve the right to decline any verbal instruction in cases where its telephone recording system is not operational or in cases where we are not satisfied with satisfied of your identity or in cases where the transaction is complicated or in cases where the quality of the line is poor. We further reserve the right to ask you to give instructions regarding your transactions by other means that it deems appropriate. 17.2.12. We shall have no liability for any potential damage you may suffer as a result of transmission errors, technical faults, malfunctions, illegal intervention in network equipment, network overloads, viruses, system errors, delays in execution, malicious blocking of access by third parties, internet malfunctions, interruptions or other deficiencies deficiencies on the part of internet service providers you acknowledge that access to electronic systems / trading Platforms may be limited or unavailable due to such system errors, and that we reserve our right upon notifying you to suspend access to electronic systems / trading Platforms for this reason. 17.2.13. 17.2.13 You further agree that in the case that any Transaction carried out at Prices prices that do not reflect reflect its Market Pricesmarket prices, or that is acquired or sold at an abnormally advantageous Price (the "Mispricing") due to an undetected programming error, Market or business logic error, bug, defect, error or glitch in our trading Platforms or website software or any other reason resulting in mispricing (for the purpose of this section the "error"), we reserve the right to cancel such Transactions upon notifying you of the nature of the computer error that led to the Mispricingpricing. 17.2.14. INFINOX 17.2.14 The Company bears no responsibility for any loss that arises as a result of delayed or unreceived communication sent to clients.

Appears in 1 contract

Samples: Client Agreement

General Exclusion. 17.2.1. 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. 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. a) 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. b) 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 you inability to close a Transaction. 17.2.3. 17.2.3 Access to the Trading Platforms is provided “as is” INFINOX . Cuboid 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 INFINOXCuboid. 17.2.4. 17.2.4 Technical difficulties could be encountered in connection with the Trading Systems. These difficulties could involve, among others, failures, delays, malfunction, software erosion or hardware damage, which difficulties could be the result of hardware, software or communication link inadequacies or other causes. Such difficulties could lead to possible economic and/or data loss. In no event will INFINOX Cuboid or its affiliates or any of their employees be liable for any possible loss (including loss of profit or revenue whether direct or indirect), cost or damage including, without limitation, consequential, unforeseeable, special or indirect damages or expense which might occur as a result of or arising out of using, accessing, installing, maintaining, modifying, deactivating or attempting to access the Trading Platforms or otherwise. INFINOX Cuboid further reserves the right, in its sole discretion to unwind an executed Transaction or adjust the price of executed Transactions (including Transactions that have been confirmed or settled) to a fair Market price if the Transaction was mispriced because of technical difficulties with the Trading Systems. . 17.2.5 Internet, connectivity delays, and price feed errors sometimes create a situation where the price displayed on the Trading Platforms do not accurately reflect the Market rates. The concept of “arbitrage” and “scalping”, or taking advantage of these internet delays, cannot exist in an over- the-counter Market where the client is buying or selling directly from the Market. INFINOX does Cuboid do not permit the practice of “arbitrage” on the Trading Platforms and considers this improper use or abuse of our trading Platforms. Transactions that rely on price latency arbitrage opportunities may be revoked. INFINOX Cuboid reserves the right to make the necessary corrections or adjustments on the Account involved. INFINOX Cuboid may take any action we deem reasonable to recoup losses incurred as a result of the use of electronic algorithmic trading systems or any other means utilized utilised to exploit technical deficiencies or palpable errors. Accounts that rely on arbitrage strategies may at INFINOXXxxxxx’s sole discretion be subject to INFINOXXxxxxx’s intervention and INFINOXXxxxxx’s approval of any Orders. Any dispute arising from such quoting or execution errors will be resolved by INFINOX Xxxxxx in their sole and absolute discretion. 17.2.5. INFINOX 17.2.6 Cuboid shall have no obligation to contact you to provide you advice upon appropriate action in light of changes in Market conditions or otherwise. 17.2.6. 17.2.7 You agree to indemnify and hold INFINOXCuboid, its Affiliates and any of their directors, officers, employees and agents harmless from and against any and all liabilities, losses, damages, costs and expenses, including legal fees incurred as a result of your breach of this Agreement or in connection with the provision of the services under this Client Agreement to you provided that any such liabilities, losses, damages, costs and expenses have not arisen as a result of our negligence, fraud or willful default. 17.2.7. 17.2.8 Any opinions, news, research, analyses, prices, or other information contained on this website are provided as general Market commentary, and do not constitute investment advice. INFINOX Cuboid is not liable for any loss or damage, including without limitation, any loss of profit, which may arise directly or indirectly from use of or reliance on such information. INFINOX Cuboid has taken reasonable measures to ensure the accuracy of the information on the website. The content on this website is subject to change at any time without notice. 17.2.8. 17.2.9 You agree not to attempt to abuse our trading Platforms by taking advantage of extremely low liquidity conditions. You accept that we can at our sole discretion deem such trading as abuse or manipulation of our trading Platform and that we at our sole discretion can return your investments without profit or cancel your right to trade on our trading Platform. 17.2.9. 17.2.10 You agree to use only secure software programs developed by third parties including but not limited to the generality of those mentioned above, browser software that supports data security protocols compatible with protocols used by us. Moreover, you agree to follow our access procedures (Login) that support such protocols. 17.2.10. 17.2.11 We will not be held responsible in the event of an unauthorized unauthorised access from third parties to information including, but not limited to, electronic addresses and/or personal data, through the exchange of these data between you and us and/or any other party using the Internet or other network or electronic means mean available. 17.2.11. 17.2.12 We are not responsible for any power cuts or failures that prevent the use of our Trading Platforms and cannot be responsible for not fulfilling any obligations under this Agreement because of network connection or electricity failures. In the case of such electricity/ communication/ Internet failures, if you wish to place an Order, then the alternative means of communications/placing orders may be by phone. We reserve the right to decline any verbal instruction in cases where its telephone recording system is not operational or in cases where we are not satisfied with of your identity or in cases where the transaction is complicated or in cases where the quality of the line is poor. We further reserve the right to ask you to give instructions regarding your transactions by other means that it deems appropriate. 17.2.12. 17.2.13 We shall have no liability for any potential damage you may suffer as a result of transmission errorserrors , technical faults, malfunctions, illegal intervention in network equipment, network overloads, viruses, system errors, delays in execution, malicious blocking of access by third parties, internet malfunctions, interruptions or other deficiencies on the part of internet service providers you acknowledge that access to electronic systems / trading Platforms may be limited or unavailable due to such system errors, and that we reserve our right upon notifying you to suspend access to electronic systems / trading Platforms for this reason. 17.2.13. 17.2.14 You further agree that in the case that any Transaction carried out at Prices that do not reflect its Market Prices, or that is acquired or sold at an abnormally advantageous Price (the "Mispricing") due to an undetected programming error, Market or business logic error, bug, defect, error or glitch in our trading Platforms or website software or any other reason resulting in mispricing (for the purpose of this section the "error"), we reserve the right to cancel such Transactions upon notifying you of the nature of the computer error that led to the Mispricing. 17.2.14. INFINOX 17.2.15 Cuboid bears no responsibility for any loss that arises as a result of delayed or unreceived communication sent to clients.

Appears in 1 contract

Samples: Client Agreement

General Exclusion. 17.2.1. 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 Lossloss, 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-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. 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. a) 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. b) 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 you inability to close a Transaction. 17.2.3. 17.2.3 Access to the Trading Platforms Platform is provided “as is” INFINOX . The Company 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 INFINOXthe Company. 17.2.4. 17.2.4 Technical difficulties could be encountered in connection with the Trading SystemsPlatforms. These difficulties could involve, among others, failures, delays, malfunction, software erosion or hardware damage, which difficulties could be the result of hardware, software or communication link inadequacies or other causes. Such difficulties could lead to possible economic and/or data loss. In no event will INFINOX or its affiliates the Company or any of their employees be liable for any possible loss (including loss of profit or revenue whether direct or indirect), cost or damage including, without limitation, consequential, unforeseeable, special or indirect damages or expense which might occur as a result of or arising out of using, accessing, installing, maintaining, modifying, deactivating or attempting to access the Trading Platforms or otherwise. INFINOX The Company further reserves the right, in its sole discretion to unwind an executed Transaction or adjust the price of executed Transactions (including Transactions that have been confirmed or settled) to a fair Market price if the Transaction was mispriced because of technical difficulties with the Trading Systems. . 17.2.5 Internet, connectivity delays, and price feed errors sometimes create a situation where the price displayed on the Trading Systems and Platforms do not accurately reflect the Market market rates. The concept of “arbitrage” and “scalping”, or taking advantage of these internet delays, cannot exist in an over- theover-the- counter Market where the client is buying or selling directly from the Market. INFINOX does The Company do not permit the practice of “arbitrage” on the Trading Systems and Platforms and considers this improper use or abuse of our trading Trading Systems and Platforms. Transactions that rely on price latency arbitrage opportunities may be revoked. INFINOX The Company reserves the right to make the necessary corrections or adjustments on the Account involved. INFINOX The Company may take any action we deem it deems reasonable to recoup losses incurred as a result of the use of electronic algorithmic trading systems or any other means utilized utilised to exploit technical deficiencies or palpable errors. Accounts that rely on arbitrage strategies may at INFINOXthe Company’s sole discretion be subject to INFINOXthe Company’s intervention and INFINOXthe Company’s approval of any Orders. Any dispute arising from such quoting or execution errors will be resolved by INFINOX the Company in their sole and absolute discretion. 17.2.5. INFINOX 17.2.6 The Company shall have no obligation to contact you to provide you advice upon appropriate action in light of changes in Market conditions or otherwise. 17.2.6. 17.2.7 You agree to indemnify and hold INFINOXthe Company, its Affiliates and any of their directors, officers, employees and agents harmless from and against any and all liabilities, losses, damages, costs and expenses, including legal fees incurred as a result of your breach of this Agreement or in connection with the provision of the services Services under this Client Agreement to you provided that any such liabilities, losses, damages, costs and expenses have not arisen as a result of our negligence, fraud or willful wilful default. 17.2.7. 17.2.8 Any opinions, news, research, analyses, prices, or other information contained on this website the Website are provided as general Market market commentary, and do not constitute investment advice. INFINOX The Company is not liable for any loss or damage, including without limitation, any loss of profit, which may arise directly or indirectly from use of or reliance on such information. INFINOX The Company has taken reasonable measures to ensure the accuracy of the information on the website. The content on this website is subject to change at any time without notice. 17.2.8. 17.2.9 You agree not to attempt to abuse our trading Trading Platforms by taking advantage of extremely low liquidity conditions. You accept that we can at our sole discretion deem such trading as abuse or manipulation of our trading Platform and that we at our sole discretion can return your investments without profit or cancel your right to trade on our trading PlatformTrading Platforms. 17.2.9. 17.2.10 You agree to use only secure software programs developed by third parties including but not limited to the generality of those mentioned above, browser software that supports data security protocols compatible with protocols used by us. Moreover, you agree to follow our access procedures (Login) that support such protocols. 17.2.10. 17.2.11 We will not be held responsible in the event of an unauthorized unauthorised access from third parties to information including, but not limited to, electronic addresses and/or personal data, through the exchange of these data between you and us and/or any other party using the Internet or other network or electronic means mean available. 17.2.11. 17.2.12 We are not responsible for any power cuts or failures that prevent the use of our Trading Platforms and cannot be responsible for not fulfilling any obligations under this Agreement because of network connection or electricity failures. In the case of such electricity/ communication/ Internet failures, if you wish to place an Order, then the alternative means of communications/placing orders may be by phone. We reserve the right to decline any verbal instruction in cases where its telephone recording system is not operational or in cases where we are not satisfied with of your identity or in cases where the transaction is complicated or in cases where the quality of the line is poor. We further reserve the right to ask you to give instructions regarding your transactions by other means that it deems appropriate. 17.2.12. 17.2.13 We shall have no liability for any potential damage you may suffer as a result of transmission errorserrors , technical faults, malfunctions, illegal intervention in network equipment, network overloads, viruses, system errors, delays in execution, malicious blocking of access by third parties, internet malfunctions, interruptions or other deficiencies on the part of internet service providers you acknowledge that access to electronic systems / trading Platforms may be limited or unavailable due to such system errors, and that we reserve our right upon notifying you to suspend access to electronic systems / trading Platforms for this reason. 17.2.13. 17.2.14 You further agree that in the case that any Transaction carried out at Prices prices that do not reflect its Market Pricesmarket prices, or that is acquired or sold at an abnormally advantageous Price (the "Mispricing") due to an undetected programming error, Market or business logic error, bug, defect, error or glitch in our trading Platforms or website software or any other reason resulting in mispricing (for the purpose of this section the "error"), we reserve the right to cancel such Transactions upon notifying you of the nature of the computer error that led to the Mispricingpricing. 17.2.14. INFINOX 17.2.15 The Company bears no responsibility for any loss that arises as a result of delayed or unreceived communication sent to clients.

Appears in 1 contract

Samples: Client Agreement

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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 SLICK 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 INFINOXSLICK. 17.2.4. Technical difficulties could be encountered in connection with the Trading Systems. These difficulties could involve, among others, failures, delays, malfunction, software erosion or hardware damage, which difficulties could be the result of hardware, software or communication link inadequacies or other causes. Such difficulties could lead to possible economic and/or data loss. In no event will INFINOX SLICK or its affiliates or any of their employees be liable for any possible loss (including loss of profit or revenue whether direct or indirect), cost or damage including, without limitation, consequential, unforeseeable, special or indirect damages or expense which might occur as a result of or arising out of using, accessing, installing, maintaining, modifying, deactivating or attempting to access the Trading Platforms or otherwise. INFINOX SLICK further reserves the right, in its sole discretion to unwind an executed Transaction or adjust the price of executed Transactions (including Transactions that have been confirmed or settled) to a fair Market price if the Transaction was mispriced because of technical difficulties with the Trading Systems. Internet, connectivity delays, and price feed errors sometimes create a situation where the price displayed on the Trading Platforms do not accurately reflect the Market rates. The concept of “arbitrage” and “scalping”, or taking advantage of these internet delays, cannot exist in an over- the-counter Market where the client is buying or selling directly from the Market. INFINOX SLICK does not permit the practice of “arbitrage” on the Trading Platforms and considers this improper use or abuse of our trading Platforms. Transactions that rely on price latency arbitrage opportunities may be revoked. INFINOX SLICK reserves the right to make the necessary corrections or adjustments on the Account involved. INFINOX SLICK may take any action we deem reasonable to recoup losses incurred as a result of the use of electronic algorithmic trading systems or any other means utilized to exploit technical deficiencies or palpable errors. Accounts that rely on arbitrage strategies may at INFINOXSLICK’s sole discretion be subject to INFINOXXXXXX’s intervention and INFINOXSLICK’s approval of any Orders. Any dispute arising from such quoting or execution errors will be resolved by INFINOX SLICK in their sole and absolute discretion. 17.2.5. INFINOX SLICK shall have no obligation to contact you to provide advice upon appropriate action in light of changes in Market conditions or otherwise. 17.2.6. You agree to indemnify and hold INFINOXSLICK, its Affiliates and any of their directors, officers, employees and agents harmless from and against any and all liabilities, losses, damages, costs and expenses, including legal fees incurred as a result of your breach of this Agreement or in connection with the provision of the services under this Client Agreement to you provided that any such liabilities, losses, damages, costs and expenses have not arisen as a result of our negligence, fraud or willful default. 17.2.7. Any opinions, news, research, analyses, prices, or other information contained on this website are provided as general Market commentary, and do not constitute investment advice. INFINOX SLICK is not liable for any loss or damage, including without limitation, any loss of profit, which may arise directly or indirectly from use of or reliance on such information. INFINOX SLICK has taken reasonable measures to ensure the accuracy of the information on the website. The content on this website is subject to change at any time without notice. 17.2.8. You agree not to attempt to abuse our trading Platforms by taking advantage of extremely low liquidity conditions. You accept that we can at our sole discretion deem such trading as abuse or manipulation of our trading Platform and that we at our sole discretion can return your investments without profit or cancel your right to trade on our trading Platform. 17.2.9. You agree to use only secure software programs developed by third parties including but not limited to the generality of those mentioned above, browser software that supports data security protocols compatible with protocols used by us. Moreover, you agree to follow our access procedures (Login) that support such protocols. 17.2.10. We will not be held responsible in the event of an unauthorized access from third parties to information including, but not limited to, electronic addresses and/or personal data, through the exchange of these data between you and us and/or any other party using the Internet or other network or electronic means available. 17.2.11. We are not responsible for any power cuts or failures that prevent the use of our Trading Platforms and cannot be responsible for not fulfilling any obligations under this Agreement because of network connection or electricity failures. In the case of such electricity/ communication/ Internet failures, if you wish to place an Order, then the alternative means of communications/placing orders may be by phone. We reserve the right to decline any verbal instruction in cases where its telephone recording system is not operational or in cases where we are not satisfied with your identity or in cases where the transaction is complicated or in cases where the quality of the line is poor. We further reserve the right to ask you to give instructions regarding your transactions by other means that it deems appropriate. 17.2.12. We shall have no liability for any potential damage you may suffer as a result of transmission errors, technical faults, malfunctions, illegal intervention in network equipment, network overloads, viruses, system errors, delays in execution, malicious blocking of access by third parties, internet malfunctions, interruptions or other deficiencies on the part of internet service providers you acknowledge that access to electronic systems / trading Platforms may be limited or unavailable due to such system errors, and that we reserve our right upon notifying you to suspend access to electronic systems / trading Platforms for this reason. 17.2.13. You further agree that in the case that any Transaction carried out at Prices that do not reflect its Market Prices, or that is acquired or sold at an abnormally advantageous Price (the "Mispricing") due to an undetected programming error, Market or business logic error, bug, defect, error or glitch in our trading Platforms or website software or any other reason resulting in mispricing (for the purpose of this section the "error"), we reserve the right to cancel such Transactions upon notifying you of the nature of the computer error that led to the Mispricing. 17.2.14. INFINOX SLICK bears no responsibility for any loss that arises as a result of delayed or unreceived communication sent to clients.

Appears in 1 contract

Samples: Client Agreement

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