Common use of Liability and Losses Clause in Contracts

Liability and Losses. 15.1 Subject to clause 12.3 if you are a Retail Client, you will be responsible or liable on our written demand for all direct losses, damage, costs and expenses (Direct Losses) and all indirect losses, damage, costs and expenses and other similar liabilities (such as the loss of an opportunity to gain) (Indirect Losses) incurred by us or any of our Associates as a consequence of your use of our services (including the Online Facility) or your breach of any of the terms of this Agreement. However, you will not be responsible or liable to us for any Direct Losses or Indirect Losses (together Losses) incurred by us to the extent that they are caused by our negligence, wilful default or fraud. 15.2 Neither we nor any Associates accept any responsibility or liability to you in any circumstances for any Indirect Losses that you may incur. 15.3 We will carry out our duties pursuant to the Agreement with reasonable skill, care and diligence and in accordance with the instructions and authority you have given us. As long as we do this and subject to clause 12.3 if you are a Retail Client, neither we nor any Associates accept any responsibility or liability for your Losses which arise from the provision of our services to you or otherwise pursuant to the Agreement. However, we will be responsible or liable you for any Direct Losses you incur because we have not carried out our duties pursuant to the Agreement with reasonable skill, care and diligence or in accordance with the instructions and authority you have given us, or to the extent such Direct Losses are caused by our wilful default or fraud. 15.4 Without limiting the general scope of the previous sub-clauses, neither we nor any Associates will be responsible or liable to you for any Losses incurred by you arising out of, or in connection with your use of any data or information obtained, downloaded or supplied in relation thereto, including (without limitation) any loss of, or delay in the transmission of, instructions or the inability to make instructions or access the Online Facility whether due to breakdown or failure of communication facilities or otherwise. 15.5 Without limiting the general scope of the previous sub-clauses, we will exercise reasonable care in our choice of nominees or agents and we will monitor their continuing suitability. As long as we do this and subject to clause 12.3 if you are a Retail Client, neither we nor any of our Associates will be responsible or liable to you for any Losses incurred by you arising from any act or omission of any nominees or agents. 15.6 You are responsible for the tax implications or treatment of transactions entered into by you pursuant to the Agreement. 15.7 If you hold an account with us with another person(s) (in the case of joint account holders) the responsibilities or liabilities to us of each such person will be joint and several (i.e. we can hold any one or group of you solely responsible or liable to us, or we can hold all of you, as a group, responsible or liable to us ) and we may act upon orders and instructions received from any one person (unless you notify us in writing to the contrary) who is, or who appears to us to be, such a person. 15.8 Nothing in the Agreement will exclude or restrict our responsibility or liability to you in respect of a breach by us or any of our Associates under the regulatory system (as defined in the FCA Rules or as otherwise may be prohibited by law).

Liability and Losses. 15.1 Subject to clause 12.3 if you are a Retail Client, you will You shall be responsible or liable on our written demand for all direct losses, damage, costs and expenses (Direct Losses) and all indirect losses, damage, costs and expenses and other similar liabilities (such as the loss of an opportunity to gain) (Indirect Losses) incurred by us or any of our Associates as a consequence of your use of our services (including the Online Facility) or your breach of any of the terms of this the Agreement. However, you will shall not be responsible or liable to us for any Direct Losses or Indirect Losses (together Losses) incurred by us to the extent that they are caused by our breach of the Agreement, negligence, wilful default or fraud. 15.2 Neither we nor any Associates accept any responsibility or liability to you in any circumstances for any an Indirect Losses that you may incur. 15.3 We will carry out our duties pursuant to the Agreement with reasonable skill, care and diligence and in accordance with the instructions and authority you have given us. As long as we do this and subject to clause 12.3 if you are a Retail Clientthis, neither we nor any Associates accept any responsibility or liability for your Losses which arise from the provision of our services to you or otherwise pursuant to the Agreement. However, we will shall be responsible or liable to you for any Direct Losses you incur because we have not carried out our duties pursuant to the Agreement with reasonable skill, care and diligence or in accordance with the any reasonable or proper instructions and authority you have given us, or to the extent such Direct Losses are caused by our wilful default or fraud. 15.4 Neither we nor you shall be responsible or liable to each other for any delay in performing, or failure to perform any obligation under the Agreement if such delay or failure results from events, circumstances or causes beyond the affected party’s reasonable control (for example, including as a result of any acts of God or acts of terrorism). In such circumstances, the affected party shall be entitled to a reasonable extension of the time required to perform such obligations. 15.5 Without limiting the general scope of the previous sub-clauses, neither we nor any Associates will shall be responsible or liable to you for any Losses incurred by you arising out of, or in connection with your use of any data or information obtained, downloaded or supplied in relation thereto, including (without limitation) any loss of, or delay in the transmission of, instructions or the inability to make instructions or access the Online Facility whether due to breakdown or failure of communication facilities or otherwise. 15.5 15.6 Without limiting the general scope of the previous sub-clauses, we will exercise reasonable care in our choice of nominees or agents and we will monitor their continuing suitability. As long as we do this and subject to clause 12.3 if you are a Retail Clientthis, neither we nor any of our Associates will shall be responsible or liable to you for any Losses incurred by you arising from any act or omission of any nominees or agents. 15.6 15.7 You are responsible for the tax implications or treatment of transactions entered into by you pursuant to the Agreement. 15.7 15.8 If you hold an account with us with another person(s) (in the case of joint account holders) the responsibilities or liabilities to us of each such person will shall be joint and several (i.e. we can hold any one or group of you solely responsible or liable to us, or we can hold all of you, as a group, responsible or liable to us ) and we may act upon orders and instructions received from any one person (unless you notify us in writing to the contrary) who is, or who appears to us to be, such a person. 15.8 15.9 Nothing in the Agreement will shall exclude or restrict our responsibility or liability to you in respect of a breach by us or any of our Associates under the regulatory system (as defined in the FCA Rules or as otherwise may be prohibited by law).

Liability and Losses. ‌ 15.1 Subject to clause 12.3 if you are a Retail Client, you will You shall be responsible or liable on our written demand for all direct losses, damage, costs and expenses (Direct Losses) and all indirect losses, damage, costs and expenses and other similar liabilities (such as the loss of an opportunity to gain) (Indirect Losses) incurred by us or any of our Associates as a consequence of your use of our services (including the Online Facility) or your breach of any of the terms of this Agreement. However, you will shall not be responsible or liable to us for any Direct Losses or Indirect Losses (together Losses) incurred by us to the extent that they are caused by our breach of the Agreement, negligence, wilful willful default or fraud. 15.2 Neither we nor any Associates accept any responsibility or liability to you in any circumstances for any Indirect Losses that you may incur. 15.3 We will carry out our duties pursuant to the Agreement with reasonable skill, care and diligence and in accordance with the instructions and authority you have given us. As long as we do this and subject to clause 12.3 if you are a Retail Clientthis, neither we nor any Associates accept any responsibility or liability for your Losses which arise from the provision of our services to you or otherwise pursuant to the Agreement. However, we will shall be responsible or liable you for any Direct Losses you incur because we have not carried out our duties pursuant to the Agreement with reasonable skill, care and diligence or in accordance with the instructions and authority you have given us, or to the extent such Direct Losses are caused by our wilful default or fraud. 15.4 15.3 Without limiting the general scope of the previous sub-clauses, neither we nor any Associates will shall be responsible or liable to you for any Losses incurred by you arising out of, or in connection with your use of any data or information obtained, downloaded or supplied in relation thereto, including (without limitation) any loss of, or delay in the transmission of, instructions or the inability to make instructions or access the Online Facility whether due to breakdown or failure of communication facilities or otherwise. 15.5 15.4 Without limiting the general scope of the previous sub-clauses, we will exercise reasonable care in our choice of nominees or agents and we will monitor their continuing suitability. As long as we do this and subject to clause 12.3 if you are a Retail Clientthis, neither we nor any of our Associates will shall be responsible or liable to you for any Losses incurred by you arising from any act or omission of any nominees or agents. 15.6 15.5 You are responsible for the tax implications or treatment of transactions entered into by you pursuant to the Agreement. 15.7 15.6 If you hold an account with us with another person(s) (in the case of joint account holders) the responsibilities or liabilities to us of each such person will shall be joint and several (i.e. we can hold any one or group of you solely responsible or liable to us, or we can hold all of you, as a group, responsible or liable to us ) and we may act upon orders and instructions received from any one person (unless you notify us in writing to the contrary) who is, or who appears to us to be, such a person. 15.8 15.7 Nothing in the Agreement will shall exclude or restrict our responsibility or liability to you in respect of a breach by us or any of our Associates under the regulatory system (as defined in the FCA Rules or as otherwise may be prohibited by law).. 16 RISK WARNING‌

Liability and Losses. 15.1 Subject to clause 12.3 if you are a Retail Client, you will be responsible or liable on our written demand for all direct losses, damage, costs and expenses (Direct Losses) and all indirect losses, damage, costs and expenses and other similar liabilities (such as the loss of an opportunity to gain) (Indirect Losses) incurred by us or any of our Associates as a consequence of your use of our services (including the Online Facility) or your breach of any of the terms of this Agreement. However, you will not be responsible or liable to us for any Direct Losses or Indirect Losses (together Losses) incurred by us to the extent that they are caused by our negligence, wilful willful default or fraud. 15.2 Neither we nor any Associates accept any responsibility or liability to you in any circumstances for any Indirect Losses that you may incur. 15.3 We will carry out our duties pursuant to the Agreement with reasonable skill, care and diligence and in accordance with the instructions and authority you have given us. As long as we do this and subject to clause 12.3 if you are a Retail Client, neither we nor any Associates accept any responsibility or liability for your Losses which arise from the provision of our services to you or otherwise pursuant to the Agreement. However, we will be responsible or liable you for any Direct Losses you incur because we have not carried out our duties pursuant to the Agreement with reasonable skill, care and diligence or in accordance with the instructions and authority you have given us, or to the extent such Direct Losses are caused by our wilful willful default or fraud. 15.4 Without limiting the general scope of the previous sub-clauses, neither we nor any Associates will be responsible or liable to you for any Losses incurred by you arising out of, or in connection with your use of any data or information obtained, downloaded or supplied in relation thereto, including (without limitation) any loss of, or delay in the transmission of, instructions or the inability to make instructions or access the Online Facility whether due to breakdown or failure of communication facilities or otherwise. 15.5 Without limiting the general scope of the previous sub-clauses, we will exercise reasonable care in our choice of nominees or agents and we will monitor their continuing suitability. As long as we do this and subject to clause 12.3 if you are a Retail Client, neither we nor any of our Associates will be responsible or liable to you for any Losses incurred by you arising from any act or omission of any nominees or agents. 15.6 You are responsible for the tax implications or treatment of transactions entered into by you pursuant to the Agreement. 15.7 If you hold an account with us with another person(s) (in the case of joint account holders) the responsibilities or liabilities to us of each such person will be joint and several (i.e. we can hold any one or group of you solely responsible or liable to us, or we can hold all of you, as a group, responsible or liable to us ) and we may act upon orders and instructions received from any one person (unless you notify us in writing to the contrary) who is, or who appears to us to be, such a person. 15.8 Nothing in the Agreement will exclude or restrict our responsibility or liability to you in respect of a breach by us or any of our Associates under the regulatory system (as defined in the FCA Rules or as otherwise may be prohibited by law).