Common use of Limitation of Liability; Indemnity Clause in Contracts

Limitation of Liability; Indemnity. 7.1 We, our managing directors, partners, officers, directors, affiliates, employees and agents (each a “Related Party”) shall have no liability, contingent or otherwise, to you or to third parties, as a result of the correctness, quality, accuracy, security, completeness, reliability, performance, timeliness, pricing or continued availability if the Trading Services or as a result of delays or omissions of the Trading Services, or as a result of the failure of any connection or communication service to provide or maintain you access to a Trading Service, or as a result of any interruption in or disruption of you access or any erroneous communications between us and you. We are not liable for any special, indirect, incidental or consequential damages (including, loss of profit, loss of use, loss of cost or other savings or loss of goodwill or reputation) which you may incur or experience as a result of your having entered into this Agreement or relying on the Trading Services or any information provided to you in connection therewith (including, description of Applicable Rules), even if we know of the possibility of those damages. We are not responsible for informing you of any difficulties we or other third parties experience concerning use of the Trading Services for our accounts or other third parties experience concerning use of the Trading Services for our accounts or other accounts or to take any action in connection with those difficulties. We also have no duty or obligation to verify, correct, complete or update any information displayed in the Trading services. You are solely responsible for any losses, damages or costs resulting from your reliance on any data or information that we may provide in connection with your use of the Trading Services. You will make your own independent decision to access or use any Trading Services or to execute any Transaction and you acknowledge and agree that the Trading Services do not and will not serve as the primary basis for any of your investment decisions concerning your accounts of your managed or fiduciary accounts. You are solely responsible for any investment or trading decision you make with respect to products identified on the Trading Services and we are not responsible for determining whether any Transactions you may enter into is suitable, appropriate or advisable. 7.2 You indemnify protect and hold harmless us and our Related Parties from and against any and all losses, liabilities, judgments, suits, actions, proceedings, claims, damages, costs (including attorney’s fees) (collectively, “Losses”) resulting from us arising out of the use of the Services and Facilities by you and your Related Parties except to the extent such Losses are due to our gross negligence or intentional misconduct. 7.3 In Paragraph 7.1 the terms “we, “our” and “us” include any third party service providers selected by you or us in connection with the Trading Services, and in Paragraph 7.2 those terms include third party service providers selected by us (unless the context otherwise requires). 7.4 Orders that you enter through the Trading Services may be routed to Third Party Systems. We and our Related Parties are not responsible for any losses, damages or costs that may result from errors made by any Third Party System in reading, processing or executing such orders, or if any Third Party System otherwise fails to properly execute such orders. 7.5 Without prejudice to any rights under this Agreement, in case of any breach of our warranty in Paragraph 6.2, our liability is limited to the repair or replacement of any of the Trading Services that causes the breach. 7.6 You agree that, with the exception of the provisions of Paragraph 7.5, our liability and the collective liability of our Related Parties and the third party service providers selected by you or us, if any, arising out of the kind if legal claim (whether in contract, tort, or otherwise) or in any way connected to your use of the Services and Facilities will not exceed the amount of the profit we received on the specific transaction giving rise to such legal claim unless caused directly by our intentional misconduct. 7.7 None of the above will limit your rights and remedies under the Application Rules or applicable Australian laws.

Limitation of Liability; Indemnity. 7.1 a) We, our managing directors, partners, officers, directors, affiliates, employees and agents (each a “Related Party”) shall have no liability, contingent or otherwise, to you or to third parties, as a result of for the correctness, quality, accuracy, security, completeness, reliability, performance, timeliness, pricing or continued availability if of the Trading Services or as a result of for delays or omissions of the Trading Services, or as a result of for the failure of any connection or communication service to provide or maintain you your access to a Trading Service, or as a result of for any interruption in or disruption of you your access or any erroneous communications between us and you. We are not liable for any special, indirect, incidental or consequential damages (including, loss of profit, loss of use, loss of cost or other savings or loss of goodwill or reputation) which you may incur or experience as a result of your having because you entered into this Agreement or relying relied on the Trading Services or any information provided to you in connection therewith (including, description of Applicable Rules)Services, even if we know of the possibility of those damages. We are not responsible for informing you of any difficulties we or other third parties experience concerning use of the Trading Services for our accounts that We or other third parties experience concerning use of the Trading Services for our accounts or other accounts or to take any action in connection with those difficulties. We also have no duty or obligation to verify, correct, complete or update any information displayed in the Trading servicesServices. You are solely responsible for any losses, damages or costs resulting from your reliance on any data or information that we may provide in connection with your use of the Trading Services. You will make your own independent decision to access or use any Trading Services Service or to execute any Transaction and you acknowledge and agree that the Trading Services do not and will not serve as the primary basis for any of your investment decisions concerning your accounts of or your managed or fiduciary accounts. You are solely responsible for any investment or trading decision decisions you make with respect to products identified on the Trading Services and we are not responsible for determining whether any Transactions Transaction you may enter into is suitable, appropriate or advisable. We (and any of our affiliates) are not and will not be, by virtue of providing the Trading Services, an advisor or fiduciary for you or your managed or fiduciary accounts. 7.2 b) You indemnify protect will indemnify, protect, and hold harmless us and our Related Parties from and against any and all losses, liabilities, judgments, suits, actions, proceedings, claims, damages, costs (including attorney’s fees) (collectively, “Losses”) resulting from us or arising out of the use of the Trading Services and Facilities by you and or your Related Parties except to Parties, including any breaches of the extent such Losses are due to security of the Trading Services (including any access or entry into any of our gross negligence or intentional misconduct.other systems not covered by this Agreement) 7.3 c) In Paragraph 7.1 7(a) the terms “we”, “our” and “us” include any third third-party service providers selected by you or us in connection with the Trading Services, and in Paragraph 7.2 7(b) those terms include third party service providers selected by us (unless the context otherwise requires)us. 7.4 d) Orders that you enter through the Trading Services may be routed to third party systems, markets or exchanges (each, a “Third Party SystemsSystem”). We and our Related Parties are not responsible for any losses, damages or costs that may result from errors made by any Third Third-Party System in reading, processing or executing such orders, or if any Third Third-Party System otherwise fails to properly execute such orders. 7.5 e) Without prejudice to any rights under this Agreement, in case of any breach of our warranty in Paragraph 6.26(b), our liability is limited to the repair or replacement of any part of the Trading Services that causes the breach. 7.6 f) You agree that, with the exception of the provisions of Paragraph 7.57(e), our liability and the collective liability of our Related Parties and the third party service providers selected by you or us, if any, arising out of the any kind if of legal claim (whether in contract, tort, or otherwise) or in any way connected to your use of the Trading Services and Facilities will not exceed the amount of the profit we received on the specific transaction giving rise to such legal claim unless caused directly by our intentional gross negligence or willful misconduct. 7.7 g) None of the above will limit your rights and remedies under the Application Rules state or applicable Australian federal securities laws.

Limitation of Liability; Indemnity. 7.1 a) We, our managing directors, partners, officers, directors, affiliates, employees and agents (each a “Related Party”) shall have no liability, contingent or otherwise, to you or to third parties, as a result of for the correctness, quality, accuracy, security, completeness, reliability, performance, timeliness, pricing or continued availability if of the Trading Services or as a result of for delays or omissions of the Trading Services, or as a result of for the failure of any connection or communication service to provide or maintain you your access to a Trading Service, or as a result of for any interruption in or disruption of you your access or any erroneous communications between us and you. We are not liable for any special, indirect, incidental or consequential damages (including, loss of profit, loss of use, loss of cost or other savings or loss of goodwill or reputation) which you may incur or experience as a result of your having because you entered into this Agreement or relying relied on the Trading Services or any information provided to you in connection therewith (including, description of Applicable Rules)Services, even if we know of the possibility of those damages. We are not responsible for informing you of any difficulties we or other third parties experience concerning use of the Trading Services for our accounts that We or other third parties experience concerning use of the Trading Services for our accounts or other accounts or to take any action in connection with those difficulties. We also have no duty or obligation to verify, correct, complete or update any information displayed in the Trading servicesServices. You are solely responsible for any losses, damages or costs resulting from your reliance on any data or information that we may provide in connection with your use of the Trading Services. You will make your own independent decision to access or use any Trading Services Service or to execute any Transaction and you acknowledge and agree that the Trading Services do not and will not serve as the primary basis for any of your investment decisions concerning your accounts of or your managed or fiduciary accounts. You are solely responsible for any investment or trading decision decisions you make with respect to products identified on the Trading Services and we are not responsible for determining whether any Transactions Transaction you may enter into is suitable, appropriate or advisable. We (and any of our affiliates) are not and will not be, by virtue of providing the Trading Services, an advisor or fiduciary for you or your managed or fiduciary accounts. 7.2 b) You indemnify protect will indemnify, protect, and hold harmless us and our Related Parties from and against any and all losses, liabilities, judgments, suits, actions, proceedings, claims, damages, costs (including attorney’s 's fees) (collectively, “Losses”) resulting from us or arising out of the use of the Trading Services and Facilities by you and or your Related Parties except to Parties, including any breaches of the extent such Losses are due to security of the Trading Services (including any access or entry into any of our gross negligence or intentional misconduct.other systems not covered by this Agreement) 7.3 c) In Paragraph 7.1 7(a) the terms “we”, “our” and “us” include any third third-party service providers selected by you or us in connection with the Trading Services, and in Paragraph 7.2 7(b) those terms include third party service providers selected by us (unless the context otherwise requires)us. 7.4 d) Orders that you enter through the Trading Services may be routed to third party systems, markets or exchanges (each, a “Third Party SystemsSystem”). We and our Related Parties are not responsible for any losses, damages or costs that may result from errors made by any Third Third-Party System in reading, processing or executing such orders, or if any Third Third-Party System otherwise fails to properly execute such orders. 7.5 e) Without prejudice to any rights under this Agreement, in case of any breach of our warranty in Paragraph 6.26(b), our liability is limited to the repair or replacement of any part of the Trading Services that causes the breach. 7.6 f) You agree that, with the exception of the provisions of Paragraph 7.57(e), our liability and the collective liability of our Related Parties and the third party service providers selected by you or us, if any, arising out of the any kind if of legal claim (whether in contract, tort, or otherwise) or in any way connected to your use of the Trading Services and Facilities will not exceed the amount of the profit we received on the specific transaction giving rise to such legal claim unless caused directly by our intentional gross negligence or willful misconduct. 7.7 g) None of the above will limit your rights and remedies under the Application Rules state or applicable Australian federal securities laws.

Limitation of Liability; Indemnity. 7.1  We, our managing directors, partners, officers, directors, affiliates, employees and agents (each a “Related Party”) shall have no liability, contingent or otherwise, to you or to third parties, as a result of for the correctness, quality, accuracy, security, completeness, reliability, performance, timeliness, pricing or continued availability if of the Trading Services or as a result of for delays or omissions of the Trading Services, or as a result of for the failure of any connection or communication service to provide or maintain you your access to a Trading Service, or as a result of for any interruption in or disruption of you your access or any erroneous communications between us and you. We are not liable for any special, indirect, incidental or consequential damages (including, loss of profit, loss of use, loss of cost or other savings or loss of goodwill or reputation) which you may incur or experience as a result of your having because you entered into this Agreement or relying relied on the Trading Services or any information provided to you in connection therewith (including, description of Applicable Rules)Services, even if we know of the possibility of those damages. We are not responsible for informing you of any difficulties we or other third parties experience concerning use of the Trading Services for our accounts or other third parties experience concerning use of the Trading Services for our accounts or other accounts or to take any action in connection with those difficulties. We also have no duty or obligation to verify, correct, complete or update any information displayed in the Trading servicesServices. You are solely responsible for any losses, damages or costs resulting from your reliance on any data or information that we may provide in connection with your use of the Trading Services. You will make your own independent decision to access or use any Trading Services Service or to execute any Transaction and you acknowledge and agree that the Trading Services do not and will not serve as the primary basis for any of your investment decisions concerning your accounts of or your managed or fiduciary accounts. You are solely responsible for any investment or trading decision decisions you make with respect to products identified on the Trading Services and we are not responsible for determining whether any Transactions Transaction you may enter into is suitable, appropriate or advisable. We (and any of our affiliates) are not and will not be, by virtue of providing the Trading Services, an advisor or fiduciary for you or your managed or fiduciary accounts. 7.2 (a) You indemnify protect will indemnify, protect, and hold harmless us and our Related Parties from and against any and all losses, liabilities, judgments, suits, actions, proceedings, claims, damages, costs (including attorney’s fees) (collectively, “Losses”) resulting from us or arising out of the use of the Trading Services and Facilities by you and or your Related Parties, including any breaches of the security of the Trading Services (including any access or entry into any of our other systems not covered by this Agreement), and, if you are a broker-dealer, investment manager or investment adviser acting on behalf of your customers, including any claims that a trade was not suitable for or not authorized by a customer, caused directly or indirectly by you or your Related Parties except to the extent such Losses are due to our gross negligence or intentional misconductwillful misconduct or, if you are a broker-dealer, investment manager or investment adviser acting on behalf of your customers, to the extent such Losses arise solely from Transactions executed by us through the Trading Services on behalf of such customers. 7.3 (b) In Paragraph 7.1 7(a) the terms “we”, “our” and “us” include any third party service providers selected by you or us in connection with the Trading Services, and in Paragraph 7.2 7(b) those terms include third party service providers selected by us (unless the context otherwise requires)us. 7.4 (c) Orders that you enter through the Trading Services may be routed to third party systems, markets or exchanges (each, a “Third Party SystemsSystem”). We and our Related Parties are not responsible for any losses, damages or costs that may result from errors made by any Third Party System in reading, processing or executing such orders, or if any Third Party System otherwise fails to properly execute such orders. 7.5 (d) Without prejudice to any rights under this Agreement, in case of any breach of our warranty in Paragraph 6.26(b), our liability is limited to the repair or replacement of any part of the Trading Services that causes the breach. 7.6 (e) You agree that, with the exception of the provisions of Paragraph 7.57(e), our liability and the collective liability of our Related Parties and the third party service providers selected by you or us, if any, arising out of the any kind if of legal claim (whether in contract, tort, or otherwise) or in any way connected to your use of the Trading Services and Facilities will not exceed the amount of the profit we received on the specific transaction giving rise to such legal claim unless caused directly by our intentional gross negligence or willful misconduct. 7.7 (f) None of the above will limit your rights and remedies under the Application Rules state or applicable Australian federal securities laws.