INDEMNITY AND LIMITATIONS OF LIABILITY. 21.1 The Client is obliged to compensate Tickmill Ltd for all losses, taxes, expenses, costs and liabilities whatsoever (present, future, contingent or otherwise and including reasonable legal fees) which may be suffered or incurred by Tickmill Ltd as a result of or in connection with: i the Client's breach of this Agreement; ii Tickmill Ltd entering into any transaction or Contract; or iii Tickmill Ltd taking any of the steps which Tickmill Ltd is entitled to take in an Event of Default; unless and to the extent only that such losses, taxes, expenses, costs and liabilities are suffered or incurred as result of Tickmill Ltd's gross negligence or willful default. 21.2 This right to compensation shall survive any termination of the Client relationship. 21.3 Without prejudice to Clause 6 Tickmill Ltd shall not be liable for: i any loss (including consequential and other indirect losses), expense, cost or liability (together referred to as "Loss") suffered or incurred by the Client as a result of or in connection with the provision of the Services unless and to the extent that such Loss is suffered or incurred as a result of Tickmill Ltd's gross negligence or willful default; ii any Loss due to actions taken by Tickmill Ltd according to its rights under this Agreement, or; iii any consequential or other indirect loss suffered or incurred by the Client whether arising from Tickmill Ltd’s negligence or otherwise. 21.4 Especially, the Client acknowledges, recognizes and accepts that any market recommendation and any information communicated by Tickmill Ltd does not constitute an offer to buy or sell or the solicitation of an offer to buy or sell a Contract and that such recommendation and information, although based upon information from sources believed by Tickmill Ltd to be reliable, may be based solely on a broker's opinion and that such information may be incomplete and may be unverified and unverifiable. Tickmill Ltd makes no representation, warranty or guarantee as to, and shall not be responsible for, the accuracy or completeness of any information or trading recommendation furnished to the Client.
Appears in 4 contracts
Samples: Client Service Agreement, Client Service Agreement, Client Service Agreement
INDEMNITY AND LIMITATIONS OF LIABILITY. 21.1 The Client is obliged to compensate Tickmill Aglobe Investments Ltd for all losses, taxes, expenses, costs and liabilities whatsoever (present, future, contingent or otherwise and including reasonable legal fees) which may be suffered or incurred by Tickmill Aglobe Investments Ltd as a result of or in connection with: i :
i. the Client's Client`s breach of this Agreement; ii Tickmill ;
ii. Aglobe Investments Ltd entering into any transaction or Contract; or iii Tickmill or
iii. Aglobe Investments Ltd taking any of the steps which Tickmill Aglobe Investments Ltd is entitled to take in an Event of Default; unless and to the extent only that such losses, taxes, expenses, costs and liabilities are suffered or incurred as a result of Tickmill Ltd's Aglobe Investments Ltd `s gross negligence or willful default.
21.2 This right to compensation shall survive any termination of the Client relationship.
21.3 Without prejudice to Clause 6 Tickmill Aglobe Investments Ltd shall not be liable for: i :
i. any loss (including consequential and other indirect losses), expense, cost or liability (together referred to as "Loss") suffered or incurred by the Client as a result of or in connection with the provision of the Services unless and to the extent that such Loss is suffered or incurred as a result of Tickmill Ltd's Aglobe Investments Ltd `s gross negligence or willful default; ii ;
ii. any Loss due to actions taken by Tickmill Aglobe Investments Ltd according to its rights under this Agreement, or; iii ;
iii. any consequential or other indirect loss suffered or incurred by the Client whether arising from Tickmill LtdAglobe Investments Ltd ’s negligence or otherwise.
21.4 Especially, the Client acknowledges, recognizes and accepts that any market recommendation and any information communicated by Tickmill Aglobe Investments Ltd does not constitute an offer to buy or sell or the solicitation of an offer to buy or sell a Contract and that such recommendation and information, although based upon information from sources believed by Tickmill Aglobe Investments Ltd to be reliable, may be based solely on a broker's broker`s opinion and that such information may be incomplete and may be unverified and unverifiable. Tickmill Aglobe Investments Ltd makes no representation, warranty or guarantee as to, and shall not be responsible for, the accuracy or completeness of any information or trading recommendation furnished to the Client.
Appears in 4 contracts
Samples: Client Service Agreement, Client Service Agreement, Client Service Agreement
INDEMNITY AND LIMITATIONS OF LIABILITY. 21.1 The Client is obliged to compensate Tickmill Asia Ltd for all losses, taxes, expenses, costs and liabilities whatsoever (present, future, contingent or otherwise and including reasonable legal fees) which may be suffered or incurred by Tickmill Asia Ltd as a result of or in connection with: i the Client's breach of this Agreement; ii Tickmill Asia Ltd entering into any transaction or Contract; or iii Tickmill Asia Ltd taking any of the steps which Tickmill Asia Ltd is entitled to take in an Event of Default; unless and to the extent only that such losses, taxes, expenses, costs and liabilities are suffered or incurred as result of Tickmill Asia Ltd's gross negligence or willful default.
21.2 This right to compensation shall survive any termination of the Client relationship.
21.3 Without prejudice to Clause 6 Tickmill Asia Ltd shall not be liable for: i any loss (including consequential and other indirect losses), expense, cost or liability (together referred to as "Loss") suffered or incurred by the Client as a result of or in connection with the provision of the Services unless and to the extent that such Loss is suffered or incurred as a result of Tickmill Asia Ltd's gross negligence or willful default; ii any Loss due to actions taken by Tickmill Asia Ltd according to its rights under this Agreement, or; iii any consequential or other indirect loss suffered or incurred by the Client whether arising from Tickmill Asia Ltd’s negligence or otherwise.
21.4 Especially, the Client acknowledges, recognizes and accepts that any market recommendation and any information communicated by Tickmill Asia Ltd does not constitute an offer to buy or sell or the solicitation of an offer to buy or sell a Contract and that such recommendation and information, although based upon information from sources believed by Tickmill Asia Ltd to be reliable, may be based solely on a broker's opinion and that such information may be incomplete and may be unverified and unverifiable. Tickmill Asia Ltd makes no representation, warranty or guarantee as to, and shall not be responsible for, the accuracy or completeness of any information or trading recommendation furnished to the Client.
Appears in 3 contracts
Samples: Client Service Agreement, Client Service Agreement, Client Service Agreement
INDEMNITY AND LIMITATIONS OF LIABILITY. 21.1 The Client is obliged to compensate Tickmill Ltd for all losses, taxes, expenses, costs and liabilities whatsoever (present, future, contingent or otherwise and including reasonable legal fees) which may be suffered or incurred by Tickmill Ltd as a result of or in connection with: i :
i. the Client's breach of this Agreement; ii ;
ii. Tickmill Ltd entering into any transaction or Contract; or iii or
iii. Tickmill Ltd taking any of the steps which Tickmill Ltd is entitled to take in an Event of Default; unless and to the extent only that such losses, taxes, expenses, costs and liabilities are suffered or incurred as result of Tickmill Ltd's gross negligence or willful default.
21.2 This right to compensation shall survive any termination of the Client relationship.
21.3 Without prejudice to Clause 6 Tickmill Ltd shall not be liable for: i :
i. any loss (including consequential and other indirect losses), expense, cost or liability (together referred to as "Loss") suffered or incurred by the Client as a result of or in connection with the provision of the Services unless and to the extent that such Loss is suffered or incurred as a result of Tickmill Ltd's gross negligence or willful default; ii ;
ii. any Loss due to actions taken by Tickmill Ltd according to its rights under this Agreement, or; iii ;
iii. any consequential or other indirect loss suffered or incurred by the Client whether arising from Tickmill Ltd’s negligence or otherwise.
21.4 Especially, the Client acknowledges, recognizes and accepts that any market recommendation and any information communicated by Tickmill Ltd does not constitute an offer to buy or sell or the solicitation of an offer to buy or sell a Contract and that such recommendation and information, although based upon information from sources believed by Tickmill Ltd to be reliable, may be based solely on a broker's opinion and that such information may be incomplete and may be unverified and unverifiable. Tickmill Ltd makes no representation, warranty or guarantee as to, and shall not be responsible for, the accuracy or completeness of any information or trading recommendation furnished to the Client.
Appears in 2 contracts
INDEMNITY AND LIMITATIONS OF LIABILITY. 21.1
27.1. The Client is obliged to compensate Tickmill Ltd the Company for all losses, taxes, expenses, costs and liabilities whatsoever (present, future, contingent or otherwise and including reasonable legal fees) which may be suffered or incurred by Tickmill Ltd The Company as a result of or in connection with: i ▪ the Client's breach of this Agreement; ii Tickmill Ltd ▪ The Company entering into any transaction or Contract; or iii Tickmill Ltd ▪ The Company taking any of the steps which Tickmill Ltd the Company is entitled to take in an Event of Default; unless Unless and to the extent only that such losses, taxes, expenses, costs and liabilities are suffered or incurred as result of Tickmill Ltdthe Company's gross negligence or willful default.
21.2 27.2. This right to compensation shall survive any termination of the Client relationship.
21.3 27.3. Without prejudice to Clause 6 Tickmill Ltd prejudice, the Company shall not be liable for: i ▪ any loss (including consequential and other indirect losses), expense, cost or liability (together referred to as "Loss") suffered or incurred by the Client as a result of or in connection with the provision of the Investment Services hereunder unless and to the extent that such Loss is suffered or incurred as a result of Tickmill Ltd's the Company’s gross negligence or willful default; ii ▪ any Loss due to actions taken by Tickmill Ltd the Company according to its rights under this Agreement, or; iii ▪ any consequential or other indirect loss suffered or incurred by the Client whether arising from Tickmill Ltdthe Company’s negligence or otherwise.
21.4 27.4. Especially, the Client acknowledges, recognizes and accepts that any market recommendation and any information communicated by Tickmill Ltd the Company does not constitute an offer to buy or sell or the solicitation of an offer to buy or sell a Contract and that such recommendation and information, although based upon information from sources believed by Tickmill Ltd the Company to be reliable, may be based solely on a broker's opinion and that such information may be incomplete and may be unverified and unverifiable. Tickmill Ltd The Company makes no representation, warranty or guarantee as to, and shall not be responsible for, the accuracy or completeness of any information or trading recommendation furnished to the Client.
Appears in 2 contracts
Samples: Client Agreement, Client Agreement
INDEMNITY AND LIMITATIONS OF LIABILITY. 21.1 20.1 The Client is obliged to compensate Tickmill Ltd EVA MARKETS for all losses, taxes, expenses, costs and liabilities whatsoever (present, future, contingent or otherwise and including reasonable legal fees) which may be suffered or incurred by Tickmill Ltd EVA MARKETS as a result of or in connection with: i the Client's breach of this Agreement; ii Tickmill Ltd EVA MARKETS entering into any transaction or Contract; or iii Tickmill Ltd EVA MARKETS taking any of the steps which Tickmill Ltd EVA MARKETS is entitled to take in an Event of Default; unless and to the extent only that such losses, taxes, expenses, costs and liabilities are suffered or incurred as result of Tickmill LtdEVA MARKETS's gross negligence or willful default.
21.2 20.2 This right to compensation shall survive any termination of the Client relationship.
21.3 20.3 Without prejudice to Clause 6 Tickmill Ltd EVA MARKETS shall not be liable for: i any loss (including consequential and other indirect losses), expense, cost or liability (together referred to as "Loss") suffered or incurred by the Client as a result of or in connection with the provision of the Services unless and to the extent that such Loss is suffered or incurred as a result of Tickmill LtdEVA MARKETS's gross negligence or willful default; ii any Loss due to actions taken by Tickmill Ltd EVA MARKETS according to its rights under this Agreement, or; iii any consequential or other indirect loss suffered or incurred by the Client whether arising from Tickmill LtdEVA MARKETS’s negligence or otherwise.
21.4 20.4 Especially, the Client acknowledges, recognizes and accepts that any market recommendation and any information communicated by Tickmill Ltd EVA MARKETS does not constitute an offer to buy or sell or the solicitation of an offer to buy or sell a Contract and that such recommendation and information, although based upon information from sources believed by Tickmill Ltd EVA MARKETS to be reliable, may be based solely on a broker's opinion and that such information may be incomplete and may be unverified and unverifiable. Tickmill Ltd EVA MARKETS makes no representation, warranty or guarantee as to, and shall not be responsible for, the accuracy or completeness of completenessof any information or trading recommendation furnished to the Client.
Appears in 2 contracts
Samples: Account Opening Agreement, Account Opening Agreement
INDEMNITY AND LIMITATIONS OF LIABILITY. 21.1 The Client is obliged to compensate Tickmill Ltd for all losses, taxes, expenses, costs and liabilities whatsoever (present, future, contingent or otherwise and including reasonable legal fees) which may be suffered or incurred by Tickmill Ltd as a result of or in connection with: i the Client's breach of this Agreement; ii Tickmill Ltd entering into any transaction or Contract; or iii Tickmill Ltd taking any of the steps which Tickmill Ltd is entitled to take in an Event of Default; unless and to the extent only that such losses, taxes, expenses, costs and liabilities are suffered or incurred as result of Tickmill Ltd's gross negligence or willful default.
21.2 This right to compensation shall survive any termination of the Client relationship.
21.3 Without prejudice to Clause 6 Tickmill Ltd shall not be liable for: i any loss (including consequential and other indirect losses), expense, cost or liability (together referred to as "Loss") suffered or incurred by the Client as a result of or in connection with the provision of the Services unless and to the extent that such Loss is suffered or incurred as a result of Tickmill Ltd's gross negligence or willful default; ii any Loss due to actions taken by Tickmill Ltd according to its rights under this Agreement, or; iii any consequential or other indirect loss suffered or incurred by the Client whether arising from Tickmill Ltd’s negligence or otherwise.
21.4 Especially, the Client acknowledges, recognizes and accepts that any market recommendation and any information communicated by Tickmill Ltd does not constitute an offer to buy or sell or the solicitation of an offer to buy or sell a Contract and that such recommendation and information, although based upon information from sources believed by Tickmill Ltd to be reliable, may be based solely on a brokerxxxxxx's opinion and that such information may be incomplete and may be unverified and unverifiable. Tickmill Ltd makes no representation, warranty or guarantee as to, and shall not be responsible for, the accuracy or completeness of any information or trading recommendation furnished to the Client.
Appears in 2 contracts
INDEMNITY AND LIMITATIONS OF LIABILITY. 21.1 20.1. The Client is obliged to compensate Tickmill Ltd EVM PRIME for all losses, taxes, expenses, costs and liabilities whatsoever (present, future, contingent or otherwise and including reasonable legal fees) which may be suffered or incurred by Tickmill Ltd EVM PRIME as a result of or in connection with: i the Client's breach of this Agreement; ii Tickmill Ltd EVM PRIME entering into any transaction or Contract; or iii Tickmill Ltd EVM PRIME taking any of the steps which Tickmill Ltd EVM PRIME is entitled to take in an Event of Default; unless and to the extent only that such losses, taxes, expenses, costs and liabilities are suffered or incurred as result of Tickmill LtdEVM PRIME's gross negligence or willful default.
21.2 20.2. This right to compensation shall survive any termination of the Client relationship.
21.3 20.3. Without prejudice to Clause 6 Tickmill Ltd EVM PRIME shall not be liable for: i any loss (including consequential and other indirect losses), expense, cost or liability (together referred to as "Loss") suffered or incurred by the Client as a result of or in connection with the provision of the Services unless and to the extent that such Loss is suffered or incurred as a result of Tickmill LtdEVM PRIME's gross negligence or willful default; ii any Loss due to actions taken by Tickmill Ltd EVM PRIME according to its rights under this Agreement, or; iii any consequential or other indirect loss suffered or incurred by the Client whether arising from Tickmill LtdEVM PRIME’s negligence or otherwise.
21.4 20.4. Especially, the Client acknowledges, recognizes and accepts that any market recommendation and any information communicated by Tickmill Ltd EVM PRIME does not constitute an offer to buy or sell or the solicitation of an offer to buy or sell a Contract and that such recommendation and information, although based upon information from sources believed by Tickmill Ltd EVM PRIME to be reliable, may be based solely on a broker's opinion and that such information may be incomplete and may be unverified and unverifiable. Tickmill Ltd EVM PRIME makes no representation, warranty or guarantee as to, and shall not be responsible for, the accuracy or completeness of completenessof any information or trading recommendation furnished to the Client.
Appears in 2 contracts
Samples: Account Opening Agreement, Account Opening Agreement
INDEMNITY AND LIMITATIONS OF LIABILITY. 21.1 16.1. The Client is obliged to compensate Tickmill Ltd FXC for all losses, taxes, expenses, costs and liabilities whatsoever (present, future, contingent or otherwise and including reasonable legal fees) which may be suffered or incurred by Tickmill Ltd FXC as a result of or in connection with: i :
i. the Client's breach of this Agreement; ii Tickmill Ltd ;
ii. FXC entering into any transaction or Contract; or iii Tickmill Ltd or
iii. FXC taking any of the steps which Tickmill Ltd FXC is entitled to take in an Event of Default; unless Unless and to the extent only that such losses, taxes, expenses, costs and liabilities are suffered or incurred as result of Tickmill LtdFXC's gross negligence or willful wilful default.
21.2 16.2. This right to compensation shall survive any termination of the Client relationship.
21.3 16.3. Without prejudice to Clause 6 Tickmill Ltd FXC shall not be liable for: i :
i. any loss (including consequential and other indirect losses), expense, cost or liability (together referred to as "Loss") suffered or incurred by the Client as a result of or in connection with the provision of the Services unless and to the extent that such Loss is suffered or incurred as a result of Tickmill Ltd's FXC’. gross negligence or willful wilful default; ii ;
ii. any Loss due to actions taken by Tickmill Ltd FXC according to its rights under this Agreement, or; iii ;
iii. any consequential or other indirect loss suffered or incurred by the Client whether arising from Tickmill Ltd’s FXC’. negligence or otherwise.
21.4 16.4. Especially, the Client acknowledges, recognizes and accepts that any market recommendation and any information communicated by Tickmill Ltd FXC does not constitute an offer to buy or sell or the solicitation of an offer to buy or sell a Contract and that such recommendation and information, although based upon information from sources believed by Tickmill Ltd FXC to be reliable, may be based solely on a broker's opinion and that such information may be incomplete and may be unverified and unverifiable. Tickmill Ltd FXC makes no representation, warranty or guarantee as to, and shall not be responsible for, the accuracy or completeness of any information or trading recommendation furnished to the Client.
Appears in 2 contracts
Samples: Client Agreement, Client Agreement
INDEMNITY AND LIMITATIONS OF LIABILITY. 21.1 27.1. The Client is obliged to compensate Tickmill Ltd the Company for all losses, taxes, expenses, costs and liabilities whatsoever (present, future, contingent or otherwise and including reasonable legal fees) which may be suffered or incurred by Tickmill Ltd The Company as a result of or in connection with: i the Client's breach of this Agreement; ii Tickmill Ltd The Company entering into any transaction or Contract; or iii Tickmill Ltd The Company taking any of the steps which Tickmill Ltd the Company is entitled to take in an Event of Default; unless Unless and to the extent only that such losses, taxes, expenses, costs and liabilities are suffered or incurred as result of Tickmill Ltdthe Company's gross negligence or willful default.
21.2 27.2. This right to compensation shall survive any termination of the Client relationship.
21.3 27.3. Without prejudice to Clause 6 Tickmill Ltd prejudice, the Company shall not be liable for: i any loss (including consequential and other indirect losses), expense, cost or liability (together referred to as "Loss") suffered or incurred by the Client as a result of or in connection with the provision of the Investment Services hereunder unless and to the extent that such Loss is suffered or incurred as a result of Tickmill Ltd's the Company’s gross negligence or willful default; ii any Loss due to actions taken by Tickmill Ltd the Company according to its rights under this Agreement, or; iii any consequential or other indirect loss suffered or incurred by the Client whether arising from Tickmill Ltdthe Company’s negligence or otherwise.
21.4 27.4. Especially, the Client acknowledges, recognizes and accepts that any market recommendation and any information communicated by Tickmill Ltd the Company does not constitute an offer to buy or sell or the solicitation of an offer to buy or sell a Contract and that such recommendation and information, although based upon information from sources believed by Tickmill Ltd the Company to be reliable, may be based solely on a broker's opinion and that such information may be incomplete and may be unverified and unverifiable. Tickmill Ltd The Company makes no representation, warranty or guarantee as to, and shall not be responsible for, the accuracy or completeness of any information or trading recommendation furnished to the Client.
Appears in 1 contract
Samples: Client Agreement
INDEMNITY AND LIMITATIONS OF LIABILITY. 21.1 20.1 The Client is obliged to compensate Tickmill Ltd XXXX GLOBAL LIMITED for all losses, taxes, expenses, costs and liabilities whatsoever (present, future, contingent or otherwise and including reasonable legal fees) which may be suffered or incurred by Tickmill Ltd XXXX GLOBAL LIMITED as a result of or in connection with: i the Client's breach of this Agreement; ii Tickmill Ltd XXXX GLOBAL LIMITED entering into any transaction or Contract; or iii Tickmill Ltd XXXX GLOBAL LIMITED taking any of the steps which Tickmill Ltd XXXX GLOBAL LIMITED is entitled to take in an Event of Default; unless and to the extent only that such losses, taxes, expenses, costs and liabilities are suffered or incurred as result of Tickmill LtdXXXX GLOBAL LIMITED 's gross negligence or willful default.
21.2 20.2 This right to compensation shall survive any termination of the Client relationship.
21.3 20.3 Without prejudice to Clause 6 Tickmill Ltd XXXX GLOBAL LIMITED shall not be liable for: i any loss (including consequential and other indirect losses), expense, cost or liability (together referred to as "Loss") suffered or incurred by the Client as a result of or in connection with the provision of the Services unless and to the extent that such Loss is suffered or incurred as a result of Tickmill LtdXXXX GLOBAL LIMITED 's gross negligence or willful default; ii any Loss due to actions taken by Tickmill Ltd XXXX GLOBAL LIMITED according to its rights under this Agreement, or; iii any consequential or other indirect loss suffered or incurred by the Client whether arising from Tickmill LtdXXXX GLOBAL LIMITED ’s negligence or otherwise.
21.4 20.4 Especially, the Client acknowledges, recognizes and accepts that any market recommendation and any information communicated by Tickmill Ltd XXXX GLOBAL LIMITED does not constitute an offer to buy or sell or the solicitation of an offer to buy or sell a Contract and that such recommendation and information, although based upon information from sources believed by Tickmill Ltd XXXX GLOBAL LIMITED to be reliable, may be based solely on a broker's opinion and that such information may be incomplete and may be unverified and unverifiable. Tickmill Ltd XXXX GLOBAL LIMITED makes no representation, warranty or guarantee as to, and shall not be responsible for, the accuracy or completeness of any information or trading recommendation furnished to the Client.
Appears in 1 contract
Samples: Client Service Agreement
INDEMNITY AND LIMITATIONS OF LIABILITY. 21.1 The Client is obliged to compensate Tickmill Benor Capital Ltd for all losses, taxes, expenses, costs and liabilities whatsoever (present, future, contingent or otherwise and including reasonable legal fees) which may be suffered or incurred by Tickmill Benor Capital Ltd as a result of or in connection with: i the Client's breach of this Agreement; ii Tickmill Benor Capital Ltd entering into any transaction or Contract; or iii Tickmill Benor Capital Ltd taking any of the steps which Tickmill Benor Capital Ltd is entitled to take in an Event of Default; unless and to the extent only that such losses, taxes, expenses, costs and liabilities are suffered or incurred as result of Tickmill Benor Capital Ltd's gross negligence or willful default.
21.2 This right to compensation shall survive any termination of the Client relationship.
21.3 Without prejudice to Clause 6 Tickmill Benor Capital Ltd shall not be liable for: i any loss (including consequential and other indirect losses), expense, cost or liability (together referred to as "Loss") suffered or incurred by the Client as a result of or in connection with the provision of the Services unless and to the extent that such Loss is suffered or incurred as a result of Tickmill Benor Capital Ltd's gross negligence or willful default; ii any Loss due to actions taken by Tickmill Benor Capital Ltd according to its rights under this Agreement, or; iii any consequential or other indirect loss suffered or incurred by the Client whether arising from Tickmill Benor Capital Ltd’s negligence or otherwise.
21.4 Especially, the Client acknowledges, recognizes and accepts that any market recommendation and any information communicated by Tickmill Benor Capital Ltd does not constitute an offer to buy or sell or the solicitation of an offer to buy or sell a Contract and that such recommendation and information, although based upon information from sources believed by Tickmill Benor Capital Ltd to be reliable, may be based solely on a broker's opinion and that such information may be incomplete and may be unverified and unverifiable. Tickmill Benor Capital Ltd makes no representation, warranty or guarantee as to, and shall not be responsible for, the accuracy or completeness of any information or trading recommendation furnished to the Client.
Appears in 1 contract
Samples: Client Services Agreement
INDEMNITY AND LIMITATIONS OF LIABILITY. 21.1 The Client is obliged to compensate Tickmill Ltd Bofinassets for all losses, taxes, expenses, costs and liabilities whatsoever (present, future, contingent or otherwise orotherwise and including reasonable legal fees) which may be suffered or incurred by Tickmill Ltd Xxxxxxxxxxx as a result of or in connection with: i the Client's breach of this Agreement; ii Tickmill Ltd Bofinassets entering into any transaction or Contract; or iii Tickmill Ltd Bofinassets taking any of the steps which Tickmill Ltd Xxxxxxxxxxx is entitled to take in an Event of Default; unless and to the extent only that such losses, taxes, expenses, costs and liabilities are suffered or incurred as result of Tickmill LtdBofinassets's gross negligence grossnegligence or willful default.
21.2 This right to compensation shall survive any termination of the Client relationship.
21.3 Without prejudice to Clause 6 Tickmill Ltd Bofinassets shall not be liable for: i any loss (including consequential and other indirect losses), expense, cost or liability (together referred to as "Loss") suffered or incurred by the Client as a result of or in connection with the provision of the Services unless and to the extent that such Loss is suffered or incurred as a result of Tickmill LtdBofinassets's gross negligence or willful default; ii any Loss due to actions taken by Tickmill Ltd Xxxxxxxxxxx according to its rights under this Agreement, or; iii any consequential or other indirect loss suffered or incurred by the Client whether arising from Tickmill LtdBofinassets’s negligence or otherwise.
21.4 Especially, the Client acknowledges, recognizes and accepts that any market recommendation and any information communicated by Tickmill Ltd Xxxxxxxxxxx does not constitute an offer to buy or sell or the solicitation of an offer to buy or sell a Contract and that such recommendation and information, although based upon information from sources believed by Tickmill Ltd Xxxxxxxxxxx to be reliable, may be based solely on a broker's opinion and that andthat such information may be incomplete and may be unverified and unverifiable. Tickmill Ltd Bofinassets makes no representation, warranty or guarantee as toasto, and shall not be responsible for, the accuracy or completeness of any information or trading recommendation furnished to the Client.
Appears in 1 contract
Samples: Client Services Agreement
INDEMNITY AND LIMITATIONS OF LIABILITY. 21.1 The Client is obliged to compensate Tickmill Ltd ZAINFX FINCROP LTD for all losses, taxes, expenses, costs and liabilities whatsoever (present, future, contingent or otherwise and including reasonable legal fees) which may be suffered or incurred by Tickmill Ltd ZAINFX FINCROP LTD as a result of or in connection with: i the Client's breach of this Agreement; ii Tickmill Ltd ZAINFX FINCROP LTD entering into any transaction or Contract; or iii Tickmill Ltd ZAINFX FINCROP LTD taking any of the steps which Tickmill Ltd ZAINFX FINCROP LTD is entitled to take in an Event of Default; unless and to the extent only that such losses, taxes, expenses, costs and liabilities are suffered or incurred as result of Tickmill Ltd's ZAINFX FINCROP LTD gross negligence or willful default.
21.2 This right to compensation shall survive any termination of the Client relationship.
21.3 Without prejudice to Clause clause 6 Tickmill Ltd ZAINFX FINCROP LTD shall not be liable for: i :
i. any loss (including consequential and other indirect losses), expenseexpenses, cost or liability liability, (together referred to as "“Loss"”) suffered or incurred by the Client client as a result of or in connection with the provision of the Services services unless and to the extent that such Loss loss is suffered or incurred as a result of Tickmill Ltd's ZAINFX FINCROP LTD gross negligence or willful default; ii ;
ii. any Loss loss due to actions taken by Tickmill Ltd ZAINFX FINCROP LTD according to its rights under this Agreementagreement, or; iii ;
iii. any consequential or other indirect loss suffered or incurred by the Client whether arising from Tickmill Ltd’s ZAINFX FINCROP LTD negligence or otherwise.
21.4 Especially, the Client acknowledges, recognizes and accepts that any market recommendation and any information communicated by Tickmill Ltd ZAINFX FINCROP LTD does not constitute an offer to buy or sell or the solicitation of an offer to buy or sell a Contract and that such recommendation and information, although based upon information from sources believed by Tickmill Ltd ZAINFX FINCROP LTD to be reliable, may be based solely on a broker's opinion and that such information may be incomplete and may be unverified and unverifiable. Tickmill Ltd ZAINFX FINCROP LTD makes no representation, warranty or guarantee as to, and shall not be responsible for, the accuracy or completeness of any information or trading recommendation furnished to the Client.
Appears in 1 contract
Samples: Client Services Agreement
INDEMNITY AND LIMITATIONS OF LIABILITY. 21.1 28.1. The Client is obliged to compensate Tickmill Ltd the Company for all losses, taxes, expenses, costs and liabilities whatsoever (present, future, contingent or otherwise and including reasonable legal fees) which may be suffered or incurred by Tickmill Ltd The Company as a result of or in connection with: i ▪ the Client's breach of this Agreement; ii Tickmill Ltd ▪ The Company entering into any transaction or Contract; or iii Tickmill Ltd ▪ The Company taking any of the steps which Tickmill Ltd the Company is entitled to take in an Event of Default; unless Unless and to the extent only that such losses, taxes, expenses, costs and liabilities are suffered or incurred as result of Tickmill Ltdthe Company's gross negligence or willful wilful default.
21.2 28.2. This right to compensation shall survive any termination of the Client relationship.
21.3 28.3. Without prejudice to Clause 6 Tickmill Ltd the Company shall not be liable for: i ▪ any loss (including consequential and other indirect losses), expense, cost or liability (together referred to as "Loss") suffered or incurred by the Client as a result of or in connection with the provision of the Services hereunder unless and to the extent that such Loss is suffered or incurred as a result of Tickmill Ltd's the Company’s gross negligence or willful wilful default; ii ▪ any Loss due to actions taken by Tickmill Ltd the Company according to its rights under this Agreement, or; iii ▪ any consequential or other indirect loss suffered or incurred by the Client whether arising from Tickmill Ltdthe Company’s negligence or otherwise.
21.4 28.4. Especially, the Client acknowledges, recognizes and accepts that any market recommendation and any information communicated by Tickmill Ltd the Company does not constitute an offer to buy or sell or the solicitation of an offer to buy or sell a Contract and that such recommendation and information, although based upon information from sources believed by Tickmill Ltd the Company to be reliable, may be based solely on a broker's opinion and that such information may be incomplete and may be unverified and unverifiable. Tickmill Ltd The Company makes no representation, warranty or guarantee as to, and shall not be responsible for, the accuracy or completeness of any information or trading recommendation furnished to the Client.
28.5. In the event the Company provides the Information as specified in clause 8. of this Client Agreement, the Company shall not, in the absence of its fraud, willful default or gross negligence, be liable for any losses, costs, expenses or damages suffered by the Client arising from any inaccuracy or mistake in any such information given.
28.6. If the Company, its directors, officers, employees, Affiliates, or agents incur any claims, damage, liability, costs or expenses, which may arise in relation to the execution or as a result of the execution of the Agreement and/or in relation to the provision of the Services and/or in relation to the use of the Platform(s), then the Company, its directors, officers, employees, Affiliates, or agents bear no responsibility whatsoever, it is the Client’s responsibility to indemnify the Company for such.
28.7. The Company shall in no circumstances be liable to the Client for any consequential, special, incidental or indirect losses, damages, loss of profits, loss of opportunity (including in relation to subsequent market movements), costs or expenses the Client may suffer in relation to the Agreement, the provision of the Services or the use of the Platform(s).
28.8. The Company’s cumulative liability to the Client shall not exceed the fees paid to the Company under this Agreement in relation to the particular Client for the Provision of the Services and use of the Platform(s).
Appears in 1 contract
Samples: Client Agreement
INDEMNITY AND LIMITATIONS OF LIABILITY. 21.1 27.1. The Client is obliged to compensate Tickmill Ltd the Company for all losses, taxes, expenses, costs and liabilities whatsoever (present, future, contingent or otherwise and including reasonable legal fees) which may be suffered or incurred by Tickmill Ltd The Company as a result of or in connection with: i the Client's breach of this Agreement; ii Tickmill Ltd The Company entering into any transaction or Contract; or iii Tickmill Ltd The Company taking any of the steps which Tickmill Ltd the Company is entitled to take in an Event of Default; unless Unless and to the extent only that such losses, taxes, expenses, costs and liabilities are suffered or incurred as result of Tickmill Ltdthe Company's gross negligence or willful default.
21.2 27.2. This right to compensation shall survive any termination of the Client relationship.
21.3 27.3. Without prejudice to Clause 6 Tickmill Ltd the Company shall not be liable for: i any loss (including consequential and other indirect losses), expense, cost or liability (together referred to as "Loss") suffered or incurred by the Client as a result of or in connection with the provision of the Investment Services hereunder unless and to the extent that such Loss is suffered or incurred as a result of Tickmill Ltd's the Company’s gross negligence or willful default; ii any Loss due to actions taken by Tickmill Ltd the Company according to its rights under this Agreement, or; iii any consequential or other indirect loss suffered or incurred by the Client whether arising from Tickmill Ltdthe Company’s negligence or otherwise.
21.4 27.4. Especially, the Client acknowledges, recognizes and accepts that any market recommendation and any information communicated by Tickmill Ltd the Company does not constitute an offer to buy or sell or the solicitation of an offer to buy or sell a Contract and that such recommendation and information, although based upon information from sources believed by Tickmill Ltd the Company to be reliable, may be based solely on a broker's opinion and that such information may be incomplete and may be unverified and unverifiable. Tickmill Ltd The Company makes no representation, warranty or guarantee as to, and shall not be responsible for, the accuracy or completeness of any information or trading recommendation furnished to the Client.
Appears in 1 contract
Samples: Terms and Conditions
INDEMNITY AND LIMITATIONS OF LIABILITY. 21.1 20.1 The Client is obliged to compensate Tickmill Oneprime Ltd for all losses, taxes, expenses, costs and liabilities whatsoever (present, future, contingent or otherwise and including reasonable legal fees) which may be suffered or incurred by Tickmill Oneprime Ltd as a result of or in connection with: i :
20.1.1 the Client's breach of this Agreement; ii Tickmill ;
20.1.2 Oneprime Ltd entering into any transaction or Contract; or iii Tickmill or
20.1.3 Oneprime Ltd taking any of the steps which Tickmill Oneprime Ltd is entitled to take in an Event of Default; unless and to the extent only that such losses, taxes, expenses, costs and liabilities are suffered or incurred as result of Tickmill Oneprime Ltd's gross negligence or willful default.
21.2 20.2 This right to compensation shall survive any termination of the Client relationship.
21.3 20.3 Without prejudice to Clause 6 Tickmill Oneprime Ltd shall not be liable for: i :
20.3.1 any loss (including consequential and other indirect losses), expense, cost or liability (together referred to as "Loss") suffered or incurred by the Client as a result of or in connection with the provision of the Services unless and to the extent that such Loss is suffered or incurred as a result of Tickmill Oneprime Ltd's gross negligence or willful default; ii ;
20.3.2 any Loss due to actions taken by Tickmill Oneprime Ltd according to its rights under this Agreement, or; iii ;
20.3.3 any consequential or other indirect loss suffered or incurred by the Client whether arising from Tickmill Oneprime Ltd’s negligence or otherwise.
21.4 20.4 Especially, the Client acknowledges, recognizes and accepts that any market recommendation and any information communicated by Tickmill Oneprime Ltd does not constitute an offer to buy or sell or the solicitation of an offer to buy or sell a Contract and that such recommendation and information, although based upon information from sources believed by Tickmill Oneprime Ltd to be reliable, may be based solely on a broker's opinion and that such information may be incomplete and may be unverified and unverifiable. Tickmill Oneprime Ltd makes no representation, warranty or guarantee as to, and shall not be responsible for, the accuracy or completeness of any information or trading recommendation furnished to the Client.
Appears in 1 contract
Samples: Client Agreement
INDEMNITY AND LIMITATIONS OF LIABILITY. 21.1 28.1. The Client is obliged to compensate Tickmill Ltd the Company for all losses, taxes, expenses, costs and liabilities whatsoever (present, future, contingent or otherwise and including reasonable legal fees) which may be suffered or incurred by Tickmill Ltd The Company as a result of or in connection with: i ▪ the Client's breach of this Agreement; ii Tickmill Ltd ▪ The Company entering into any transaction or Contract; or iii Tickmill Ltd +00 000 000 0000 xxxx@xxxxxxxxxxx.xxx ▪ The Company taking any of the steps which Tickmill Ltd the Company is entitled to take in an Event of Default; unless Unless and to the extent only that such losses, taxes, expenses, costs and liabilities are suffered or incurred as result of Tickmill Ltdthe Company's gross negligence or willful default.
21.2 28.2. This right to compensation shall survive any termination of the Client relationship.
21.3 28.3. Without prejudice to Clause 6 Tickmill Ltd the Company shall not be liable for: i ▪ any loss (including consequential and other indirect losses), expense, cost or liability (together referred to as "Loss") suffered or incurred by the Client as a result of or in connection with the provision of the Investment Services hereunder unless and to the extent that such Loss is suffered or incurred as a result of Tickmill Ltd's the Company’s gross negligence or willful default; ii ▪ any Loss due to actions taken by Tickmill Ltd the Company according to its rights under this Agreement, or; iii ▪ any consequential or other indirect loss suffered or incurred by the Client whether arising from Tickmill Ltdthe Company’s negligence or otherwise.
21.4 28.4. Especially, the Client acknowledges, recognizes and accepts that any market recommendation and any information communicated by Tickmill Ltd the Company does not constitute an offer to buy or sell or the solicitation of an offer to buy or sell a Contract and that such recommendation and information, although based upon information from sources believed by Tickmill Ltd the Company to be reliable, may be based solely on a broker's opinion and that such information may be incomplete and may be unverified and unverifiable. Tickmill Ltd The Company makes no representation, warranty or guarantee as to, and shall not be responsible for, the accuracy or completeness of any information or trading recommendation furnished to the Client.
Appears in 1 contract
Samples: Client Agreement
INDEMNITY AND LIMITATIONS OF LIABILITY. 21.1 19.1 The Client Customer is obliged to compensate Tickmill Ltd the Company for all losses, taxes, expenses, costs and liabilities whatsoever (present, future, contingent or otherwise and including reasonable legal fees) which may be suffered or incurred by Tickmill Ltd the Company as a result of or in connection with: i the ClientCustomer's breach of this Agreement; ii Tickmill Ltd The Company entering into any transaction or Contract; or iii Tickmill Ltd The Company taking any of the steps which Tickmill Ltd the Company is entitled to take in an Event of DefaultEOD; unless and to the extent only that such losses, taxes, expenses, costs and liabilities are suffered or incurred as result of Tickmill Ltdthe Company's gross negligence or willful default.
21.2 19.2 This right to compensation shall survive any termination of the Client Customer relationship.
21.3 19.3 Without prejudice to Clause 6 Tickmill Ltd 4.0 the Company shall not be liable for: i any loss (including consequential and other indirect losses), expense, cost or liability (together referred to as "Loss") suffered or incurred by the Client Customer as a result of or in connection with the provision of the Services unless and to the extent that such Loss is suffered or incurred as a result of Tickmill Ltd's the Company’s gross negligence or willful default; ii any Loss due to actions taken by Tickmill Ltd the Company according to its rights under this Agreement, or; iii any Any consequential or other indirect loss suffered or incurred by the Client Customer whether arising from Tickmill Ltdthe Company’s negligence or otherwise.
21.4 19.4 Especially, the Client Customer acknowledges, recognizes and accepts that any market recommendation and any information communicated by Tickmill Ltd the Company does not constitute an offer to buy or sell or the solicitation of an offer to buy or sell a Contract and that such recommendation and information, although based upon information from sources believed by Tickmill Ltd the Company to be reliable, may be based solely on a broker's opinion and that such information may be incomplete and may be unverified and unverifiable. Tickmill Ltd The Company makes no representation, warranty or guarantee as to, and shall not be responsible for, the accuracy or completeness of any information or trading recommendation furnished to the ClientCustomer.
Appears in 1 contract
Samples: Client Service Agreement
INDEMNITY AND LIMITATIONS OF LIABILITY. 21.1 28.1. The Client is obliged to compensate Tickmill Ltd the Company for all losses, taxes, expenses, costs and liabilities whatsoever (present, future, contingent or otherwise and including reasonable legal fees) which may be suffered or incurred by Tickmill Ltd The Company as a result of or in connection with: i ▪ the Client's breach of this Agreement; ii Tickmill Ltd ▪ The Company entering into any transaction or Contract; or iii Tickmill Ltd ▪ The Company taking any of the steps which Tickmill Ltd the Company is entitled to take in an Event of Default; unless Unless and to the extent only that such losses, taxes, expenses, costs and liabilities are suffered or incurred as result of Tickmill Ltdthe Company's gross negligence or willful wilful default.
21.2 28.2. This right to compensation shall survive any termination of the Client relationship.
21.3 Without prejudice to Clause 6 Tickmill Ltd shall not be liable for: i any loss (including consequential and other indirect losses), expense, cost or liability (together referred to as "Loss") suffered or incurred by the Client as a result of or in . connection with the provision of the Services hereunder unless and to the extent that such Loss is suffered or incurred as a result of Tickmill Ltd's the Company’s gross negligence or willful wilful default; ii ▪ any Loss due to actions taken by Tickmill Ltd the Company according to its rights under this Agreement, or; iii ▪ any consequential or other indirect loss suffered or incurred by the Client whether arising from Tickmill Ltdthe Company’s negligence or otherwise.
21.4 28.4. Especially, the Client acknowledges, recognizes and accepts that any market recommendation and any information communicated by Tickmill Ltd the Company does not constitute an offer to buy or sell or the solicitation of an offer to buy or sell a Contract and that such recommendation and information, although based upon information from sources believed by Tickmill Ltd the Company to be reliable, may be based solely on a broker's opinion and that such information may be incomplete and may be unverified and unverifiable. Tickmill Ltd The Company makes no representation, warranty or guarantee as to, and shall not be responsible for, the accuracy or completeness of any information or trading recommendation furnished to the Client.
28.5. In the event the Company provides the Information as specified in clause 8. of this Client Agreement, the Company shall not, in the absence of its fraud, willful default or gross negligence, be liable for any losses, costs, expenses or damages suffered by the Client arising from any inaccuracy or mistake in any such information given.
28.6. If the Company, its directors, officers, employees, Affiliates, or agents incur any claims, damage, liability, costs or expenses, which may arise in relation to the execution or as a result of the execution of the Agreement and/or in relation to the provision of the Services and/or in relation to the use of the Platform(s), then the Company, its directors, officers, employees, Affiliates, or agents bear no responsibility whatsoever, it is the Client’s responsibility to indemnify the Company for such.
28.7. The Company shall in no circumstances be liable to the Client for any consequential, special, incidental or indirect losses, damages, loss of profits, loss of opportunity (including in relation to subsequent market movements), costs or expenses the Client may suffer in relation to the Agreement, the provision of the Services or the use of the Platform(s).
28.8. The Company’s cumulative liability to the Client shall not exceed the fees paid to the Company under this Agreement in relation to the particular Client for the Provision of the Services and use of the Platform(s).
Appears in 1 contract
Samples: Client Agreement
INDEMNITY AND LIMITATIONS OF LIABILITY. 21.1 22.1 The Client is obliged to compensate Tickmill Benor Capital Ltd for all losses, taxes, expenses, costs and liabilities whatsoever (present, future, contingent or otherwise and including reasonable legal fees) which may be suffered or incurred by Tickmill Benor Capital Ltd as a result of or in connection with: i :
i. the Client's breach of this Agreement; ii Tickmill ;
ii. Benor Capital Ltd entering into any transaction or Contract; or iii Tickmill or
iii. Benor Capital Ltd taking any of the steps which Tickmill Benor Capital Ltd is entitled to take in an Event of Default; unless and to the extent only that such losses, taxes, expenses, costs and liabilities are suffered or incurred as result of Tickmill Benor Capital Ltd's gross negligence or willful default.
21.2 22.2 This right to compensation shall survive any termination of the Client relationship.
21.3 22.3 Without prejudice to Clause 6 Tickmill Benor Capital Ltd shall not be liable for: i :
i. any loss (including consequential and other indirect losses), expense, cost or liability (together referred to as "Loss") suffered or incurred by the Client as a result of or in connection with the provision of the Services unless and to the extent that such Loss is suffered or incurred as a result of Tickmill Benor Capital Ltd's gross negligence or willful default; ii ;
ii. any Loss due to actions taken by Tickmill Benor Capital Ltd according to its rights under this Agreement, or; iii ;
iii. any consequential or other indirect loss suffered or incurred by the Client whether arising from Tickmill Benor Capital Ltd’s negligence or otherwise.
21.4 22.4 Especially, the Client acknowledges, recognizes and accepts that any market recommendation and any information communicated by Tickmill Benor Capital Ltd does not constitute an offer to buy or sell or the solicitation of an offer to buy or sell a Contract and that such recommendation and information, although based upon information from sources believed by Tickmill Benor Capital Ltd to be reliable, may be based solely on a broker's opinion and that such information may be incomplete and may be unverified and unverifiable. Tickmill Benor Capital Ltd makes no representation, warranty or guarantee as to, and shall not be responsible for, the accuracy or completeness of any information or trading recommendation furnished to the Client.
Appears in 1 contract
Samples: Client Services Agreement
INDEMNITY AND LIMITATIONS OF LIABILITY. 21.1 The Client is obliged to compensate Tickmill Ltd Omega4x for all losses, taxes, expenses, costs and liabilities whatsoever (present, future, contingent or otherwise and including reasonable legal fees) which may be suffered or incurred by Tickmill Ltd Omega4x as a result of or in connection with: i the Client's breach of this Agreement; ii Tickmill Ltd Omega4x entering into any transaction or Contract; or iii Tickmill Ltd Omega4x taking any of the steps which Tickmill Ltd Omega4x is entitled to take in an Event of Default; unless and to the extent only that such losses, taxes, expenses, costs and liabilities are suffered or incurred as result of Tickmill LtdOmega4x's gross negligence or willful default.
21.2 This right to compensation shall survive any termination of the Client relationship.
21.3 Without prejudice to Clause 6 Tickmill Ltd Omega4x shall not be liable for: i any loss (including consequential and other indirect losses), expense, cost or liability (together referred to as "Loss") suffered or incurred by the Client as a result of or in connection with the provision of the Services unless and to the extent that such Loss is suffered or incurred as a result of Tickmill LtdOmega4x's gross negligence or willful default; ii any Loss due to actions taken by Tickmill Ltd Omega4x according to its rights under this Agreement, or; iii any consequential or other indirect loss suffered or incurred by the Client whether arising from Tickmill LtdOmega4x’s negligence or otherwise.
. 21.4 Especially, the Client acknowledges, recognizes and accepts that any market recommendation and any information communicated by Tickmill Ltd Omega4x does not constitute an offer to buy or sell or the solicitation of an offer to buy or sell a Contract and that such recommendation and information, although based upon information from sources believed by Tickmill Ltd Omega4x to be reliable, may be based solely on a broker's opinion and that such information may be incomplete and may be unverified and unverifiable. Tickmill Ltd Omega4x makes no representation, warranty or guarantee as to, and shall not be responsible for, the accuracy or completeness of any information or trading recommendation furnished to the Client.
Appears in 1 contract
Samples: Client Services Agreement
INDEMNITY AND LIMITATIONS OF LIABILITY. 21.1 The Client is obliged to compensate Tickmill Ltd ZAINFXM for all losses, taxes, expenses, costs and liabilities whatsoever (present, future, contingent or otherwise and including reasonable legal fees) which may be suffered or incurred by Tickmill Ltd ZAINFXM as a result of or in connection with: i the Client's breach of this Agreement; ii Tickmill Ltd ZAINFXM entering into any transaction or Contract; or iii Tickmill Ltd ZAINFXM taking any of the steps which Tickmill Ltd ZAINFXM is entitled to take in an Event of Default; unless and to the extent only that such losses, taxes, expenses, costs and liabilities are suffered or incurred as result of Tickmill Ltd's ZAINFXM gross negligence or willful default.
21.2 This right to compensation shall survive any termination of the Client relationship.
21.3 Without prejudice to Clause clause 6 Tickmill Ltd ZAINFXM shall not be liable for: i :
i. any loss (including consequential and other indirect losses), expenseexpenses, cost or liability liability, (together referred to as "“Loss"”) suffered or incurred by the Client client as a result of or in connection with the provision of the Services services unless and to the extent that such Loss loss is suffered or incurred as a result of Tickmill Ltd's ZAINFXM gross negligence or willful default; ii ;
ii. any Loss loss due to actions taken by Tickmill Ltd ZAINFXM according to its rights under this Agreementagreement, or; iii ;
iii. any consequential or other indirect loss suffered or incurred by the Client whether arising from Tickmill Ltd’s ZAINFXM negligence or otherwise.
21.4 Especially, the Client acknowledges, recognizes and accepts that any market recommendation and any information communicated by Tickmill Ltd ZAINFXM does not constitute an offer to buy or sell or the solicitation of an offer to buy or sell a Contract and that such recommendation and information, although based upon information from sources believed by Tickmill Ltd ZAINFXM to be reliable, may be based solely on a broker's opinion and that such information may be incomplete and may be unverified and unverifiable. Tickmill Ltd ZAINFXM makes no representation, warranty or guarantee as to, and shall not be responsible for, the accuracy or completeness of any information or trading recommendation furnished to the Client.
Appears in 1 contract
Samples: Client Services Agreement
INDEMNITY AND LIMITATIONS OF LIABILITY. 21.1 The Client is obliged to compensate Tickmill Ltd Pacific Union Limited for all losses, taxes, expenses, costs and liabilities whatsoever (present, future, contingent or otherwise and including reasonable legal fees) which may be suffered or incurred by Tickmill Ltd Pacific Union Limited as a result of or in connection with: i :
i. the Client's breach of this Agreement; ii Tickmill Ltd ;
ii. Pacific Union Limited entering into any transaction or Contract; or iii Tickmill Ltd or
iii. Pacific Union Limited taking any of the steps which Tickmill Ltd Pacific Union Limited is entitled to take in an Event of Default; unless and to the extent only that such losses, taxes, expenses, costs and liabilities are suffered or incurred as result of Tickmill Ltd's Pacific Union Limited’s gross negligence or willful default.
21.2 This right to compensation shall survive any termination of the Client relationship.
21.3 Without prejudice to Clause 6 Tickmill Ltd Pacific Union Limited shall not be liable for: i :
i. any loss (including consequential and other indirect losses), expense, cost or liability (together referred to as "Loss") suffered or incurred by the Client as a result of or in connection with the provision of the Services unless and to the extent that such Loss is suffered or incurred as a result of Tickmill Ltd's Pacific Union Limited’s gross negligence or willful default; ii ;
ii. any Loss due to actions taken by Tickmill Ltd Pacific Union Limited according to its rights under this Agreement, or; iii ;
iii. any consequential or other indirect loss suffered or incurred by the Client whether arising from Tickmill LtdPacific Union Limited’s negligence or otherwise.
21.4 Especially, the Client acknowledges, recognizes and accepts that any market recommendation and any information communicated by Tickmill Ltd Pacific Union Limited does not constitute an offer to buy or sell or the solicitation of an offer to buy or sell a Contract and that such recommendation and information, although based upon information from sources believed by Tickmill Ltd Pacific Union Limited to be reliable, may be based solely on a broker's opinion and that such information may be incomplete and may be unverified and unverifiable. Tickmill Ltd Pacific Union Limited makes no representation, warranty or guarantee as to, and shall not be responsible for, the accuracy or completeness of any information or trading recommendation furnished to the Client.
Appears in 1 contract
Samples: Client Services Agreement
INDEMNITY AND LIMITATIONS OF LIABILITY. 21.1 27.1. The Client is obliged to compensate Tickmill Ltd the Company for all losses, taxes, expenses, costs and liabilities whatsoever (present, future, contingent or otherwise and including reasonable legal fees) which may be suffered or incurred by Tickmill Ltd The Company as a result of or in connection with: i ▪ the Client's breach of this Agreement; ii Tickmill Ltd ▪ The Company entering into any transaction or Contract; or iii Tickmill Ltd ▪ The Company taking any of the steps which Tickmill Ltd the Company is entitled to take in an Event of Default; unless Unless and to the extent only that such losses, taxes, expenses, costs and liabilities are suffered or incurred as result of Tickmill Ltdthe Company's gross negligence or willful default.
21.2 27.2. This right to compensation shall survive any termination of the Client relationship.
21.3 27.3. Without prejudice to Clause 6 Tickmill Ltd prejudice, the Company shall not be liable for: i ▪ any loss (including consequential and other indirect losses), expense, cost or liability (together referred to as "Loss") suffered or incurred by the Client as a result of or in connection with the provision of the Investment Services hereunder unless and to the extent that such Loss is suffered or incurred as a result of Tickmill Ltd's the Company’s gross negligence or willful default; ii ▪ any Loss due to actions taken by Tickmill Ltd the Company according to its rights under this Agreement, or; iii ▪ any consequential or other indirect loss suffered or incurred by the Client whether arising from Tickmill Ltdthe Company’s negligence or otherwise.
21.4 27.4. Especially, the Client acknowledges, recognizes and accepts that any market recommendation and any information communicated by Tickmill Ltd the Company does not constitute an offer to buy or sell or the solicitation of an offer to buy or sell a Contract and that such recommendation and information, although based upon information from sources believed by Tickmill Ltd the Company to be reliable, may be based solely on a broker's opinion and that such information may be incomplete and may be unverified and unverifiable. Tickmill Ltd The Company makes no representation, warranty or guarantee as to, and shall not be responsible for, the accuracy or completeness of any information or trading recommendation furnished to the Client.
Appears in 1 contract
Samples: Client Agreement
INDEMNITY AND LIMITATIONS OF LIABILITY. 21.1 The Client is obliged to compensate Tickmill Ltd GRAND CAYMAN CAPITAL LTD for all losses, taxes, expenses, costs and liabilities whatsoever (present, future, contingent or otherwise and including reasonable legal fees) which may be suffered or incurred by Tickmill Ltd GRAND CAYMAN CAPITAL LTD as a result of or in connection with: i the Client's breach of this Agreement; ii Tickmill Ltd GRAND CAYMAN CAPITAL LTD entering into any transaction or Contract; or iii Tickmill Ltd GRAND CAYMAN CAPITAL LTD taking any of the steps which Tickmill Ltd GRAND CAYMAN CAPITAL LTD is entitled to take in an Event of Default; unless and to the extent only that such losses, taxes, expenses, costs and liabilities are suffered or incurred as result of Tickmill LtdGRAND CAYMAN CAPITAL LTD's gross negligence or willful default.
21.2 This right to compensation shall survive any termination of the Client relationship.
21.3 Without prejudice to Clause 6 Tickmill Ltd GRAND CAYMAN CAPITAL LTD shall not be liable for: i any loss (including consequential and other indirect losses), expense, cost or liability (together referred to as "Loss") suffered or incurred by the Client as a result of or in connection with the provision of the Services unless and to the extent that such Loss is suffered or incurred as a result of Tickmill LtdGRAND CAYMAN CAPITAL LTD's gross negligence or willful default; ii any Loss due to actions taken by Tickmill Ltd GRAND CAYMAN CAPITAL LTD according to its rights under this Agreement, or; iii any consequential or other indirect loss suffered or incurred by the Client whether arising from Tickmill LtdGRAND CAYMAN CAPITAL LTD’s negligence or otherwise.
21.4 Especially, the Client acknowledges, recognizes and accepts that any market recommendation and any information communicated by Tickmill Ltd GRAND CAYMAN CAPITAL LTD does not constitute an offer to buy or sell or the solicitation of an offer to buy or sell a Contract and that such recommendation and information, although based upon information from sources believed by Tickmill Ltd GRAND CAYMAN CAPITAL LTD to be reliable, may be based solely on a broker's opinion and that such information may be incomplete and may be unverified and unverifiable. Tickmill Ltd GRAND CAYMAN CAPITAL LTD makes no representation, warranty or guarantee as to, and shall not be responsible for, the accuracy or completeness of any information or trading recommendation furnished to the Client.
Appears in 1 contract
Samples: Client Service Agreement
INDEMNITY AND LIMITATIONS OF LIABILITY. 21.1 The Client is obliged to compensate Tickmill Ltd for all losses, taxes, expenses, costs and liabilities whatsoever (present, future, contingent or otherwise and including reasonable legal fees) which may be suffered or incurred by Tickmill Ltd as a result of or in connection with: i the Client's breach of this Agreement; ii Tickmill Ltd entering into any transaction or Contract; or iii Tickmill Ltd taking any of the steps which Tickmill Ltd is entitled to take in an Event of Default; unless and to the extent only that such losses, taxes, expenses, costs and liabilities are suffered or incurred as result of Tickmill Ltd's gross negligence or willful default.
21.2 This right to compensation shall survive any termination of the Client relationship.
21.3 Without prejudice to Clause 6 Tickmill Ltd shall not be liable for: i any loss (including consequential and other indirect losses), expense, cost or liability (together referred to as "Loss") suffered or incurred by the Client as a result of or in connection with the provision of the Services unless and to the extent that such Loss is suffered or incurred as a result of Tickmill Ltd's gross negligence or willful default; ii any Loss due to actions taken by Tickmill Ltd according to its rights under this Agreement, or; iii any consequential or other indirect loss suffered or incurred by the Client whether arising from anregiligseincne ogr othferrwoisem. Tickmill Ltd’s negligence or otherwise.Lt
21.4 Especially, the Client acknowledges, recognizes and accepts that any market recommendation and any information communicated by Tickmill Ltd does not constitute an offer to buy or sell or the solicitation of an offer to buy or sell a Contract and that such recommendation and information, although based upon information from sources believed by Tickmill Ltd to be reliable, may be based solely on a broker's opinion and that such information may be incomplete and may be unverified and unverifiable. Tickmill Ltd makes no representation, warranty or guarantee as to, and shall not be responsible for, the accuracy or completeness of any information or trading recommendation furnished to the Client.
Appears in 1 contract
Samples: Client Service Agreement
INDEMNITY AND LIMITATIONS OF LIABILITY. 21.1 22.1 The Client is obliged to compensate Tickmill Benor Capital Ltd for all losses, taxes, expenses, costs and liabilities whatsoever (present, future, contingent or otherwise and including reasonable legal fees) which may be suffered or incurred by Tickmill Benor Capital Ltd as a result of or in connection with: i :
i. the Client's breach of this Agreement; ii Tickmill ;
ii. Benor Capital Ltd entering into any transaction or Contract; or iii Tickmill or
iii. Benor Capital Ltd taking any of the steps which Tickmill Benor Capital Ltd is entitled to take in an Event of Default; unless and to the extent only that such losses, taxes, expenses, costs and liabilities are suffered or incurred as result of Tickmill Benor Capital Ltd's gross negligence or willful default.
21.2 22.2 This right to compensation shall survive any termination of the Client relationship.
21.3 22.3 Without prejudice to Clause 6 Tickmill 5 Benor Capital Ltd shall not be liable for: i :
i. any loss (including consequential and other indirect losses), expense, cost or liability (together referred to as "Loss") suffered or incurred by the Client as a result of or in connection with the provision of the Services unless and to the extent that such Loss is suffered or incurred as a result of Tickmill Benor Capital Ltd's gross negligence or willful default; ii ;
ii. any Loss due to actions taken by Tickmill Benor Capital Ltd according to its rights under this Agreement, or; iii ;
iii. any consequential or other indirect loss suffered or incurred by the Client whether arising from Tickmill Benor Capital Ltd’s negligence or otherwise.
21.4 22.4 Especially, the Client acknowledges, recognizes and accepts that any market recommendation and any information communicated by Tickmill Benor Capital Ltd does not constitute an offer to buy or sell or the solicitation of an offer to buy or sell a Contract and that such recommendation and information, although based upon information from sources believed by Tickmill Benor Capital Ltd to be reliable, may be based solely on a broker's opinion and that such information may be incomplete and may be unverified and unverifiable. Tickmill Benor Capital Ltd makes no representation, warranty or guarantee as to, and shall not be responsible for, the accuracy or completeness of any information or trading recommendation furnished to the Client.
22.5 Subject to clause 22.3, Benor Capital Ltd shall not be held liable, in the absence of gross negligence or willful default, for any loss or damage or expense, claims, or liabilities that the Client may suffer or incur in relation to, or directly or indirectly arising from (but not limited to):
i. Any error, failure, interruption, or disconnection in the operation of the Trading Platform(s), or any delay caused by the Client's terminal or transactions made via the Client's terminal, any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high internet traffic demand, security breaches and unauthorized access, and other similar computer problems and defects.
ii. Any failure by Benor Capital Ltd to perform any of its obligations under the Agreement as a result of Force Majeure Event, Manifest Error, Market Disruption Event, or any other cause beyond its control.
iii. The acts, omissions, or negligence of any third party or any third-party software including, but not limited to, expert advisers, signal providers, social trading platforms, and virtual private networks.
iv. Any person obtaining the Client's access data that Benor Capital Ltd has issued to the Client prior to the Client's reporting to Benor Capital Ltd of the misuse of the Client's access data.
v. Unauthorized third persons having access to information, including electronic addresses, electronic communication, personal data, and access data when the above are transmitted between the Client and Benor Capital Ltd or any other party, using the internet or other network communication facilities, post, telephone, or any other electronic means.
vi. Any of the risks outlined in the Risk Disclosure Statement.
vii. Currency risk.
viii. Any changes in the rates of tax.
ix. The occurrence of Slippage.
x. Under abnormal Market Conditions.
xi. Any acts or omissions (including negligence and fraud) by the Client and/or the Client's Authorized Representative.
xii. For the Client's or the Client's Authorized Representative’s trading decisions.
xiii. All orders given through and under the Client's access data.
xiv. The contents, correctness, accuracy, and completeness of any communication spread by the use of the Platform(s).
xv. As a result of the Client engaging in Social Trading (if applicable).
22.6 In the event that Benor Capital Ltd provides information, recommendations, news, information relating to transactions, market commentary, or research to the Client (or in newsletters which Benor Capital Ltd may post on the Website or provide to subscribers via the Website or otherwise), Benor Capital Ltd shall not, in the absence of fraud, willful default, or gross negligence, be liable for any losses, costs, expenses, or damages suffered by the Client arising from any inaccuracy or mistake in any such information given.
22.7 The Client will indemnify Benor Capital Ltd and keep Benor Capital Ltd indemnified on demand in respect of all liabilities, costs, claims, demands, and expenses of any nature whatsoever which Benor Capital Ltd may suffer or incur as a direct or indirect result of any failure by the Client to perform any of the Client's obligations under the Agreement.
22.8 When agreeing to accept trades, orders, and trades under this Agreement, and when establishing prices and spreads, Benor Capital Ltd has done so on the basis that the limitations and exclusions on liability contained in this Agreement (particularly in this clause 22 (Limitation of Liability and Indemnity) are valid and enforceable. Benor Capital Ltd does not effect insurance in respect of the liabilities limited and/or excluded under this clause 22. If the limitations on liability and the indemnity in this clause 22 are not acceptable to the Client, the Client should not open an Account, and should close any Account that the Client has already opened
Appears in 1 contract
Samples: Client Services Agreement
INDEMNITY AND LIMITATIONS OF LIABILITY. 21.1 28.1. The Client is obliged to compensate Tickmill Ltd the Company for all losses, taxes, expenses, costs and liabilities whatsoever (present, future, contingent or otherwise and including reasonable legal fees) which may be suffered or incurred by Tickmill Ltd The Company as a result of or in connection with: i ▪ the Client's breach of this Agreement; ii Tickmill Ltd ▪ The Company entering into any transaction or Contract; or iii Tickmill Ltd ▪ The Company taking any of the steps which Tickmill Ltd the Company is entitled to take in an Event of Default; unless Unless and to the extent only that such losses, taxes, expenses, costs and liabilities are suffered or incurred as result of Tickmill Ltdthe Company's gross negligence or willful wilful default.
21.2 28.2. This right to compensation shall survive any termination of the Client relationship.
21.3 28.3. Without prejudice to Clause 6 Tickmill Ltd the Company shall not be liable for: i ▪ any loss (including consequential and other indirect losses), expense, cost or liability (together referred to as "Loss") suffered or incurred by the Client as a result of or in connection with the provision of the Services hereunder unless and to the extent that such Loss is suffered or incurred as a result of Tickmill Ltd's the Company’s gross negligence or willful wilful default; ii ▪ any Loss due to actions taken by Tickmill Ltd the Company according to its rights under this Agreement, or; iii ▪ any consequential or other indirect loss suffered or incurred by the Client whether arising from Tickmill Ltdthe Company’s negligence or otherwise.
21.4 28.4. Especially, the Client acknowledges, recognizes and accepts that any market recommendation and any information communicated by Tickmill Ltd the Company does not constitute an offer to buy or sell or the solicitation of an offer to buy or sell a Contract and that such recommendation and information, although based upon information from sources believed by Tickmill Ltd the Company to be reliable, may be based solely on a broker's opinion and that such information may be incomplete and may be unverified and unverifiable. Tickmill Ltd The Company makes no representation, warranty or guarantee as to, and shall not be responsible for, the accuracy or completeness of any information or trading recommendation furnished to the Client.
28.5. In the event the Company provides the Information as specified in clause 8. of this Client Agreement, the Company shall not, in the absence of its fraud, wilful default or gross negligence, be liable for any losses, costs, expenses or damages suffered by the Client arising from any inaccuracy or mistake in any such information given.
28.6. If the Company, its directors, officers, employees, Affiliates, or agents incur any claims, damage, liability, costs or expenses, which may arise in relation to the execution or as a result of the execution of the Agreement and/or in relation to the provision of the Services and/or in relation to the use of the Platform(s), then the Company, its directors, officers, employees, Affiliates, or agents bear no responsibility whatsoever, it is the Client’s responsibility to indemnify the Company for such.
28.7. The Company shall in no circumstances be liable to the Client for any consequential, special, incidental or indirect losses, damages, loss of profits, loss of opportunity (including in relation to subsequent market movements), costs or expenses the Client may suffer in relation to the Agreement, the provision of the Services or the use of the Platform(s).
28.8. The Company’s cumulative liability to the Client shall not exceed the fees paid to the Company under this Agreement in relation to the particular Client for the Provision of the Services and use of the Platform(s).
Appears in 1 contract
Samples: Client Agreement