Common use of Limitation of Liability and Indemnities Clause in Contracts

Limitation of Liability and Indemnities. 31.1. Unless otherwise specified in this Agreement, this Agreement does not limit or exclude any liability incurred as a result of fraud, wilful default or dishonesty by TD365. 31.2. We shall not be liable to you or any person for any Loss (including any incidental, indirect or consequential Loss) whether arising out of negligence, breach of contract, misrepresentation or breach of applicable laws or regulations, incurred or suffered by you under or in connection with this Agreement, any Order or CFD Transaction or any of our dealings with you (including any Order not accepted by us) and irrespective of whether or not you or any other person have been informed of the possibility of such Loss. Without limiting the generality of the foregoing, under no circumstances will we be liable to you or any person for any indirect, consequential, special or exemplary loss or damage including any loss of profits, loss of goodwill, loss of business opportunity or reputational damage. 31.3. We shall not be liable for any Loss suffered or incurred by you as a result of any error in any Order, instruction or information given by you or an Authorised Person, as a result of us acting on any Order or instruction which is, or appears to be, from such Authorised Person. 31.4. You agree to fully indemnify TD365 and its affiliates (and in respect of each, their respective officers and employees) on demand against any and all liabilities, costs, claims, damages and expenses of any nature whatsoever which we or our affiliates (or in respect of each, their respective officers and employees) may suffer or incur directly or indirectly (including those incurred to an Exchange, clearing house or other regulatory authority) as a result, or in connection with, or arising out of: i this Agreement and any other agreement between the Client and TD365 or our affiliates; ii any CFD Transaction effected with you or on instructions by you or an Authorised Person, iii without limiting the foregoing, any breach by you of your obligations under this Agreement or any CFD Transaction; iv any representation or warranty by you or an Authorised Person proving to be incorrect in any material respect when made or repeated, or deemed to have been made or repeated; and v any claims, actions, proceedings or investigations arising out of or in connection with this Agreement or any CFD Transaction hereunder. 31.5. You acknowledge and agree that there are significant risks in trading through computer and telecommunications systems and agree that none of TD365 and our authorised officers, employees or agents are responsible for any Loss caused or contributed to by: i a delay in, malfunction of, interruption to, fault in or inaccuracy of computer or telecommunication services; ii inaccuracies or errors in the information conveyed through computer or telecommunication services; or iii a variation to the way in which Orders placed with computer or telecommunication services are managed. 31.6. None of TD365 and our authorised officers, employees and agents are responsible for any Losses caused or contributed to by any delay or error in the transmission or execution of any transaction contemplated by this Agreement that is caused by you or any third party, including but not limited to trading floor or exchange system operational failure or action, bank delay, postal delay, failure or delay of any fax or electronic transmission or delay caused by accident, emergency or Act of God. 31.7. No warranty is provided by TD365 or any of its authorised officers, employees and agents in relation to information sourced from third parties, and all information provided by TD365 to you is for your private use and is not to be communicated to any third party without the prior written consent of TD365. 31.8. None of TD365 and its authorised officers, employees or agents are responsible for any Loss incurred by you as a result of: i any delay in transmitting or failure to transmit funds caused by reasons beyond TD365’s control; or ii TD365’s failure to timely execute Orders placed with it or to transact business or otherwise administer this Agreement in the manner contemplated for reasons beyond its control (including exchange control or other government restrictions, exchange or market rulings, suspension of trading, power failure, telecommunication or computer failure, strikes or war); iii TD365 using, paying or depositing your money or other property paid or delivered to us as agent or as principal in connection with electronic trading platforms such that those monies or other property are paid to, deposited with or otherwise transferred in any way to a trading counterparty or agent (including a custodian or intermediary broker or other intermediary which provides financial services or ancillary services) of TD365, whether or not specifically disclosed to you (and whether TD365 or the trading counterparty acts as agent or as principal with respect to the other, or TD365 acts as agent for you); iv a transaction whose specific limits of liability of TD365 or any of its agents are notified to the Client from time to time. 31.9. References to CFD Transactions, instructions given by you or an Authorised Person, services to be provided to you or breaches by you of your obligations include CFD Transactions entered into by, instructions given, services to be provided to, and breaches by, an agent acting on your behalf.

Limitation of Liability and Indemnities. 31.1. ‌ 31.1 Unless otherwise specified in this Agreement, this Agreement does not limit or exclude any liability incurred as a result of fraud, wilful default or dishonesty by TD365TRADE NATION. 31.2. 31.2 We shall not be liable to you or any person for any Loss (including any incidental, indirect or consequential Loss) whether arising out of negligence, breach of contract, misrepresentation or breach of applicable laws or regulations, incurred or suffered by you under or in connection with this Agreement, any Order or CFD ST Transaction or any of our dealings with you (including any Order not accepted by us) and irrespective of whether or not you or any other person have been informed of the possibility of such Loss. Without limiting the generality of the foregoing, under no circumstances will we be liable to you or any person for any indirect, consequential, special or exemplary loss or damage including any loss of profits, loss of goodwill, loss of business opportunity or reputational damage. 31.3. 31.3 We shall not be liable for any Loss suffered or incurred by you as a result of any error in any Order, instruction or information given by you or an Authorised Person, as a result of us acting on any Order or instruction which is, or appears to be, from such Authorised Person. 31.4. 31.4 You agree to fully indemnify TD365 TRADE NATION and its affiliates (and in respect of each, their respective officers and employees) on demand against any and all liabilities, costs, claims, damages and expenses of any nature whatsoever which we or our affiliates (or in respect of each, their respective officers and employees) may suffer or incur directly or indirectly (including those incurred to an Exchange, clearing house or other regulatory authority) as a result, or in connection with, or arising out of: i this Agreement and any other agreement between the Client and TD365 TRADE NATION or our affiliates; ii any CFD ST Transaction effected affected with you or on instructions by you or an Authorised Person, iii without limiting the foregoing, any breach by you of your obligations under this Agreement or any CFD ST Transaction; iv any representation or warranty by you or an Authorised Person proving to be incorrect in any material respect when made or repeated, or deemed to have been made or repeated; and v any claims, actions, proceedings or investigations arising out of or in connection with this Agreement or any CFD ST Transaction hereunder. 31.5. 31.5 You acknowledge and agree that there are significant risks in trading through computer and telecommunications systems and agree that none of TD365 TRADE NATION and our authorised officers, employees or agents are responsible for any Loss caused or contributed to by: i a delay in, malfunction of, interruption to, fault in or inaccuracy of computer or telecommunication services; ii inaccuracies or errors in the information conveyed through computer or telecommunication services; or iii a variation to the way in which Orders placed with computer or telecommunication services are managed. 31.6. 31.6 None of TD365 TRADE NATION and our authorised officers, employees and agents are responsible for any Losses caused or contributed to by any delay or error in the transmission or execution of any transaction contemplated by this Agreement that is caused by you or any third party, including but not limited to trading floor or exchange system operational failure or action, bank delay, postal delay, failure or delay of any fax or electronic transmission or delay caused by accident, emergency or Act of God. 31.7. 31.7 No warranty is provided by TD365 TRADE NATION or any of its authorised officers, employees and agents in relation to information sourced from third parties, and all information provided by TD365 TRADE NATION to you is for your private use and is not to be communicated to any third party without the prior written consent of TD365TRADE NATION. 31.8. 31.8 None of TD365 TRADE NATION and its authorised officers, employees or agents are responsible for any Loss incurred by you as a result of: i any delay in transmitting or failure to transmit funds caused by reasons beyond TD365TRADE NATION’s control; or ii TD365TRADE NATION’s failure to timely execute Orders placed with it or to transact business or otherwise administer this Agreement in the manner contemplated for reasons beyond its control (including exchange control or other government restrictions, exchange or market rulings, suspension of trading, power failure, telecommunication or computer failure, strikes or war); iii TD365 TRADE NATION using, paying or depositing your money or other property paid or delivered to us as agent or as principal in connection with electronic trading platforms such that those monies or other property are paid to, deposited with or otherwise transferred in any way to a trading counterparty or agent (including a custodian or intermediary broker or other intermediary which provides financial services or ancillary services) of TD365TRADE NATION, whether or not specifically disclosed to you (and whether TD365 TRADE NATION or the trading counterparty acts as agent or as principal with respect to the other, or TD365 TRADE NATION acts as agent for you); iv a transaction whose specific limits of liability of TD365 TRADE NATION or any of its agents are notified to the Client from time to time. 31.9. 31.9 References to CFD ST Transactions, instructions given by you or an Authorised Person, services to be provided to you or breaches by you of your obligations include CFD ST Transactions entered into by, instructions given, services to be provided to, and breaches by, an agent acting on your behalf.

Limitation of Liability and Indemnities. 31.1. Unless otherwise specified in this Agreement, this Agreement does not limit or exclude any liability incurred as a result of fraud, wilful default or dishonesty by TD365FOREXCFDS. 31.2. We shall not be liable to you or any person for any Loss (including any incidental, indirect or consequential Loss) whether arising out of negligence, breach of contract, misrepresentation or breach of applicable laws or regulations, incurred or suffered by you under or in connection with this Agreement, any Order or CFD Transaction or any of our dealings with you (including any Order not accepted by us) and irrespective of whether or not you or any other person have been informed of the possibility of such Loss. Without limiting the generality of the foregoing, under no circumstances will we be liable to you or any person for any indirect, consequential, special or exemplary loss or damage including any loss of profits, loss of goodwill, loss of business opportunity or reputational damage. 31.3. We shall not be liable for any Loss suffered or incurred by you as a result of any error in any Order, instruction or information given by you or an Authorised Person, as a result of us acting on any Order or instruction which is, or appears to be, from such Authorised Person. 31.4. You agree to fully indemnify TD365 FOREXCFDS and its affiliates (and in respect of each, their respective officers and employees) on demand against any and all liabilities, costs, claims, damages and expenses of any nature whatsoever which we or our affiliates (or in respect of each, their respective officers and employees) may suffer or incur directly or indirectly (including those incurred to an Exchange, clearing house or other regulatory authority) as a result, or in connection with, or arising out of: i this Agreement and any other agreement between the Client and TD365 FOREXCFDS or our affiliates; ii any CFD Transaction effected with you or on instructions by you or an Authorised Person, iii without limiting the foregoing, any breach by you of your obligations under this Agreement or any CFD Transaction; iv any representation or warranty by you or an Authorised Person proving to be incorrect in any material respect when made or repeated, or deemed to have been made or repeated; and v any claims, actions, proceedings or investigations arising out of or in connection with this Agreement or any CFD Transaction hereunder. 31.5. You acknowledge and agree that there are significant risks in trading through computer and telecommunications systems and agree that none of TD365 FOREXCFDS and our authorised officers, employees or agents are responsible for any Loss caused or contributed to by: i a delay in, malfunction of, interruption to, fault in or inaccuracy of computer or telecommunication services; ii inaccuracies or errors in the information conveyed through computer or telecommunication services; or iii a variation to the way in which Orders placed with computer or telecommunication services are managed. 31.6. None of TD365 FOREXCFDS and our authorised officers, employees and agents are responsible for any Losses caused or contributed to by any delay or error in the transmission or execution of any transaction contemplated by this Agreement that is caused by you or any third party, including but not limited to trading floor or exchange system operational failure or action, bank delay, postal delay, failure or delay of any fax or electronic transmission or delay caused by accident, emergency or Act of God. 31.7. No warranty is provided by TD365 FOREXCFDS or any of its authorised officers, employees and agents in relation to information sourced from third parties, and all information provided by TD365 FOREXCFDS to you is for your private use and is not to be communicated to any third party without the prior written consent of TD365FOREXCFDS. 31.8. None of TD365 FOREXCFDS and its authorised officers, employees or agents are responsible for any Loss incurred by you as a result of: i any delay in transmitting or failure to transmit funds caused by reasons beyond TD365FOREXCFDS’s control; or ii TD365FOREXCFDS’s failure to timely execute Orders placed with it or to transact business or otherwise administer this Agreement in the manner contemplated for reasons beyond its control (including exchange control or other government restrictions, exchange or market rulings, suspension of trading, power failure, telecommunication or computer failure, strikes or war); iii TD365 FOREXCFDS using, paying or depositing your money or other property paid or delivered to us as agent or as principal in connection with electronic trading platforms such that those monies or other property are paid to, deposited with or otherwise transferred in any way to a trading counterparty or agent (including a custodian or intermediary broker or other intermediary which provides financial services or ancillary services) of TD365FOREXCFDS, whether or not specifically disclosed to you (and whether TD365 FOREXCFDS or the trading counterparty acts as agent or as principal with respect to the other, or TD365 FOREXCFDS acts as agent for you); iv a transaction whose specific limits of liability of TD365 FOREXCFDS or any of its agents are notified to the Client from time to time. 31.9. References to CFD Transactions, instructions given by you or an Authorised Person, services to be provided to you or breaches by you of your obligations include CFD Transactions entered into by, instructions given, services to be provided to, and breaches by, an agent acting on your behalf.

Limitation of Liability and Indemnities. 31.1. 31.1 Unless otherwise specified in this Agreement, this Agreement does not limit or exclude any liability incurred as a result of fraud, wilful default or dishonesty by TD365TRADE NATION. 31.2. 31.2 We shall not be liable to you or any person for any Loss (including any incidental, indirect or consequential Loss) whether arising out of negligence, breach of contract, misrepresentation or breach of applicable laws or regulations, incurred or suffered by you under or in connection with this Agreement, any Order or CFD ST Transaction or any of our dealings with you (including any Order not accepted by us) and irrespective of whether or not you or any other person have been informed of the possibility of such Loss. Without limiting the generality of the foregoing, under no circumstances will we be liable to you or any person for any indirect, consequential, special or exemplary loss or damage including any loss of profits, loss of goodwill, loss of business opportunity or reputational damage. 31.3. 31.3 We shall not be liable for any Loss suffered or incurred by you as a result of any error in any Order, instruction or information given by you or an Authorised Person, as a result of us acting on any Order or instruction which is, or appears to be, from such Authorised Person. 31.4. 31.4 You agree to fully indemnify TD365 TRADE NATION and its affiliates (and in respect of each, their respective officers and employees) on demand against any and all liabilities, costs, claims, damages and expenses of any nature whatsoever which we or our affiliates (or in respect of each, their respective officers and employees) may suffer or incur directly or indirectly (including those incurred to an Exchange, clearing house or other regulatory authority) as a result, or in connection with, or arising out of: i this Agreement and any other agreement between the Client and TD365 TRADE NATION or our affiliates; ii any CFD ST Transaction effected affected with you or on instructions by you or an Authorised Person, iii without limiting the foregoing, any breach by you of your obligations under this Agreement or any CFD ST Transaction; iv any representation or warranty by you or an Authorised Person proving to be incorrect in any material respect when made or repeated, or deemed to have been made or repeated; and v any claims, actions, proceedings or investigations arising out of or in connection with this Agreement or any CFD ST Transaction hereunder. 31.5. 31.5 You acknowledge and agree that there are significant risks in trading through computer and telecommunications systems and agree that none of TD365 TRADE NATION and our authorised officers, employees or agents are responsible for any Loss caused or contributed to by: i a delay in, malfunction of, interruption to, fault in or inaccuracy of computer or telecommunication services; ii inaccuracies or errors in the information conveyed through computer or telecommunication services; or iii a variation to the way in which Orders placed with computer or telecommunication services are managed. 31.6. 31.6 None of TD365 TRADE NATION and our authorised officers, employees and agents are responsible for any Losses caused or contributed to by any delay or error in the transmission or execution of any transaction contemplated by this Agreement that is caused by you or any third party, including but not limited to trading floor or exchange system operational failure or action, bank delay, postal delay, failure or delay of any fax or electronic transmission or delay caused by accident, emergency or Act of God. 31.7. 31.7 No warranty is provided by TD365 TRADE NATION or any of its authorised officers, employees and agents in relation to information sourced from third parties, and all information provided by TD365 TRADE NATION to you is for your private use and is not to be communicated to any third party without the prior written consent of TD365TRADE NATION. 31.8. 31.8 None of TD365 TRADE NATION and its authorised officers, employees or agents are responsible for any Loss incurred by you as a result of: i any delay in transmitting or failure to transmit funds caused by reasons beyond TD365’s control; or ii TD365TRADE NATION’s failure to timely execute Orders placed with it or to transact business or otherwise administer this Agreement in the manner contemplated for reasons beyond its control (including exchange control or other government restrictions, exchange or market rulings, suspension of trading, power failure, telecommunication or computer failure, strikes or war); iii TD365 TRADE NATION using, paying or depositing your money or other property paid or delivered to us as agent or as principal in connection with electronic trading platforms such that those monies or other property are paid to, deposited with or otherwise transferred in any way to a trading counterparty or agent (including a custodian or intermediary broker or other intermediary which provides financial services or ancillary services) of TD365TRADE NATION, whether or not specifically disclosed to you (and whether TD365 TRADE NATION or the trading counterparty acts as agent or as principal with respect to the other, or TD365 TRADE NATION acts as agent for you); iv a transaction whose specific limits of liability of TD365 TRADE NATION or any of its agents are notified to the Client from time to time. 31.9. 31.9 References to CFD ST Transactions, instructions given by you or an Authorised Person, services to be provided to you or breaches by you of your obligations include CFD ST Transactions entered into by, instructions given, services to be provided to, and breaches by, an agent acting on your behalf.

Limitation of Liability and Indemnities. 31.1. 31.1 Unless otherwise specified in this Agreement, this Agreement does not limit or exclude any liability incurred as a result of fraud, wilful default or dishonesty by TD365TRADE NATION. 31.2. 31.2 We shall not be liable to you or any person for any Loss (including any incidental, indirect or consequential Loss) whether arising out of negligence, breach of contract, misrepresentation or breach of applicable laws or regulations, incurred or suffered by you under or in connection with this Agreement, any Order or CFD ST Transaction or any of our dealings with you (including any Order not accepted by us) and irrespective of whether or not you or any other person have been informed of the possibility of such Loss. Without limiting the generality of the foregoing, under no circumstances will we be liable to you or any person for any indirect, consequential, special or exemplary loss or damage including any loss of profits, loss of goodwill, loss of business opportunity or reputational damage. 31.3. 31.3 We shall not be liable for any Loss suffered or incurred by you as a result of any error in any Order, instruction or information given by you or an Authorised Person, as a result of us acting on any Order or instruction which is, or appears to be, from such Authorised Person. 31.4. 31.4 You agree to fully indemnify TD365 TRADE NATION and its affiliates (and in respect of each, their respective officers and employees) on demand against any and all liabilities, costs, claims, damages and expenses of any nature whatsoever which we or our affiliates (or in respect of each, their respective officers and employees) may suffer or incur directly or indirectly (including those incurred to an Exchange, clearing house or other regulatory authority) as a result, or in connection with, or arising out of: i this Agreement and any other agreement between the Client and TD365 TRADE NATION or our affiliates; ii any CFD ST Transaction effected affected with you or on instructions by you or an Authorised Person, iii without limiting the foregoing, any breach by you of your obligations under this Agreement or any CFD ST Transaction; iv any representation or warranty by you or an Authorised Person proving to be incorrect in any material respect when made or repeated, or deemed to have been made or repeated; and v any claims, actions, proceedings or investigations arising out of or in connection with this Agreement or any CFD ST Transaction hereunder. 31.5. 31.5 You acknowledge and agree that there are significant risks in trading through computer and telecommunications systems and agree that none of TD365 TRADE NATION and our authorised officers, employees or agents are responsible for any Loss caused or contributed to by: i a delay in, malfunction of, interruption to, fault in or inaccuracy of computer or telecommunication services; ii inaccuracies or errors in the information conveyed through computer or telecommunication services; or iii a variation to the way in which Orders placed with computer or telecommunication services are managed. 31.6. 31.6 None of TD365 TRADE NATION and our authorised officers, employees and agents are responsible for any Losses caused or contributed to by any delay or error in the transmission or execution of any transaction contemplated by this Agreement that is caused by you or any third party, including but not limited to trading floor or exchange system operational failure or action, bank delay, postal delay, failure or delay of any fax or electronic transmission or delay caused by accident, emergency or Act of God. 31.7. 31.7 No warranty is provided by TD365 TRADE NATION or any of its authorised officers, employees and agents in relation to information sourced from third parties, and all information provided by TD365 TRADE NATION to you is for your private use and is not to be communicated to any third party without the prior written consent of TD365TRADE NATION. 31.8. 31.8 None of TD365 TRADE NATION and its authorised officers, employees or agents are responsible for any Loss incurred by you as a result of: i any delay in transmitting or failure to transmit funds caused by reasons beyond TD365TRADE NATION’s control; or ii TD365TRADE NATION’s failure to timely execute Orders placed with it or to transact business or otherwise administer this Agreement in the manner contemplated for reasons beyond its control (including exchange control or other government restrictions, exchange or market rulings, suspension of trading, power failure, telecommunication or computer failure, strikes or war); iii TD365 TRADE NATION using, paying or depositing your money or other property paid or delivered to us as agent or as principal in connection with electronic trading platforms such that those monies or other property are paid to, deposited with or otherwise transferred in any way to a trading counterparty or agent (including a custodian or intermediary broker or other intermediary which provides financial services or ancillary services) of TD365TRADE NATION, whether or not specifically disclosed to you (and whether TD365 TRADE NATION or the trading counterparty acts as agent or as principal with respect to the other, or TD365 TRADE NATION acts as agent for you); iv a transaction whose specific limits of liability of TD365 TRADE NATION or any of its agents are notified to the Client from time to time. 31.9. 31.9 References to CFD ST Transactions, instructions given by you or an Authorised Person, services to be provided to you or breaches by you of your obligations include CFD ST Transactions entered into by, instructions given, services to be provided to, and breaches by, an agent acting on your behalf.