Common use of IMPROPER TRADING Clause in Contracts

IMPROPER TRADING. 23.1 We cannot and do not guarantee the speed at which our online trading platform (MT4/MT5) operates or that it will not be subject to system or internet failure. To the fullest extent permitted by the Capital Markets rules and regulations and under any other applicable laws of Kenya, we exclude all liability for: (i) any direct or indirect loss or damage incurred by you as a result of any delay or system suspension/default experienced by you, for however long, in your use of our online trading platform; (ii) any direct or indirect loss or damage incurred by you by reason of any improper, unlawful or unfair trading activity (as reasonably determined by EGM Securities) perpetrated by you or by any third party; (iii) any direct or indirect loss or damage incurred by you by reason of a failure on your part to use the most current online trading platform. 23.2 Where we believe, in our reasonable judgment, that you (and/or other parties) may have engaged or may be engaging in improper, unlawful or unfair trading activity, we may immediately suspend your (and/or other) trading account(s) in order to investigate. 23.3 Latency trading is characterised by a high volume of transactions which are opened and closed within an unusually short period of time as compared to the 'average' client, with a disproportionate number placed advantageously between price of trade and price of Underlying Market instead of the 'random distribution' that would be expected when the trading platform is used 'fairly'. Where we believe, in our reasonable judgment, that latency in the trading platform is being unfairly exploited by you (“Latency Exploitation”), we may at our absolute discretion void all trades and return to you only funds deposited net of any earlier withdrawals - and then close your account.

IMPROPER TRADING. 23.1 We cannot and do not guarantee the speed at which our online trading platform (MT4/MT5) operates or that it will not be subject to system or internet failure. To the fullest extent permitted by the Capital Markets rules and regulations and under any other applicable laws of Kenya, we exclude all liability for: (i) any direct or indirect loss or damage incurred by you as a result of any delay or system suspension/default experienced by you, for however long, in your use of our online trading platform; (ii) any direct or indirect loss or damage incurred by you by reason of any improper, unlawful or unfair trading activity (as reasonably determined by EGM Securities) perpetrated by you or by any third party; (iii) any direct or indirect loss or damage incurred by you by reason of a failure on your part to use the most current online trading platform. 23.2 Where we believe, in our reasonable judgment, that you (and/or other parties) may have engaged or may be engaging in improper, unlawful or unfair trading activity, we may immediately suspend your (and/or other) trading account(s) in order to investigate. 23.3 Latency trading is characterised by a high volume of transactions Transactions which are opened and closed within an unusually short period of time as compared to the 'average' client, with a disproportionate number placed advantageously between price of trade and price of Underlying Market instead of the 'random distribution' that would be expected when the trading platform is used 'fairly'. Where we believe, in our reasonable judgment, that latency in the trading platform is being unfairly exploited by you (“Latency Exploitation”), we may at our absolute discretion void all trades and return to you only funds deposited net of any earlier withdrawals - and then close your account. Where we believe, in our reasonable judgment, that you (or other parties) may have engaged or may be engaging in improper, unlawful or unfair trading activity, we may immediately suspend your (and or other) trading account(s) in order to investigate. We cannot and do not guarantee the speed at which our online trading platform (MT4/MT5) operates or that it will not be subject to system or internet failure. To the fullest extent permitted under Kenyan law, we exclude all liability for: (i) any direct or indirect loss or damage incurred by you as a result of any delay or system suspension/default experienced by you, for however long, in your use of our online trading platform; (ii) any direct or indirect loss or damage incurred by you by reason of any improper, unlawful or unfair trading activity (as reasonably determined by EGM) perpetrated by you or by any third party; and (iii) any direct or indirect loss or damage incurred by you by reason of a failure on your part to use the most current online trading platform.