Limitations of Liability and Indemnity.
9.1 In the event the Company provides advice, information or recommendations to the Client, the Company shall not be responsible for the profitability of such advice, information or recommendations. The Client acknowledges that 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 information given to the Client including, without limitation, information relating to any Transactions. Subject to the right of the Company to void or close any Transaction in the specific circumstances set out the Operative Agreements, any Transaction following such inaccuracy or mistake shall nonetheless remain valid and binding in all respects on both the Company and the Client.
9.2 The Company shall not be liable for any loss or expense incurred by the Client in connection with, or directly or indirectly arising from:
a) any error or failure in the operation of the Trading Platform or any delay caused by the Client Terminal;
b) Transactions made via the Client Terminal;
c) any failure by the Company to perform any of its obligations under the Operative Agreements as a result of a cause beyond its control; or
d) acts, omissions or negligence of any third party.
9.3 The Client shall indemnify the Company and keep the Company indemnified on demand in respect of all liabilities, costs, claims, demands and expenses of any nature whatsoever which the Company suffers or incurs as a direct or indirect result of any failure by the Client to perform any of the Client’s obligations under the Operative Agreements.
9.4 The Company shall in no circumstances be liable to the Client for any consequential special or indirect losses, loss of profits, loss of opportunity (including in relation to subsequent market movements), costs, expenses or damages the Client may suffer in relation to the Operative Agreements, unless otherwise agreed in the Terms of Business.
Limitations of Liability and Indemnity. 26.1. The Company gives no warranty as to the performance and/or profitability of the Client’s trading decisions.
26.2. The Company shall not be liable for any act or omission or for the solvency of any bank, Execution Venue or liquidity provider or other third party which acts on behalf of the Client or with or through whom transactions on behalf of the Client are carried out.
26.3. The Company shall not be liable for any loss suffered by the Client in connection with the Services it provides to the Client under this Agreement unless such loss arises directly from the gross negligence or fraud of the Company.
26.4. It is provided that the Company shall not be liable to the Client or any other person for any consequential, circumstantial, special or indirect damages (including without prejudice to the generality of the aforementioned, loss of profit, loss of opportunity, commercial losses and damages) which are incurred by the Client in connection with this Agreement.
26.5. Subject to the terms of this Agreement and Applicable Regulation, the Client agrees that the Company’s maximum aggregate liability to the Client whether in contract, tort (including negligence) or otherwise shall not exceed the higher of the amount that would be recoverable by the Company under the Company’s professional indemnity insurance if the Client’s claim had been satisfied in full (less any amount, other than any excess payable by the Company under the terms of such insurance, that the Company is unable to recover through no fault of the Company).
26.6. The Client agrees with the Company (for the Company’s own benefit and for the benefit of any person who is or was a member, director, consultant or employee of the Company (each a ‘Connected Person’) that the Company shall alone be liable to the Client and that no Connected Person (such as director, employee or affiliate) will be personally liable to the Client (whether in contract, tort including negligence or otherwise).
26.7. Save in cases of gross negligence or fraud on the part of the Company, the Client shall indemnify and keep indemnified the Company and/or its directors and/or its employees and/or its representatives for any claim by third parties and/or for any loss, liability, costs or expenses which the Company or any third party may have incurred or paid in respect of any act or omission of the Client and/or its Authorized Representative / Attorney and/or due to the performance of the Agreement and/or the provision of...
Limitations of Liability and Indemnity. 28.1. In the event the Company provides information, recommendations, news, information relating to transactions, market commentary or research to the Client (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise), 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.
28.2. The Company will not be held liable for any loss or damage or expense or loss incurred by the Client in relation to, or directly or indirectly arising from but not limited to:
(a) Any error or failure or interruption or disconnection in the operation of the Platform(s), or any delay caused by the Client Terminal or Transactions made via the Client 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.
(b) Any failure by the Company to perform any of its obligations under the Agreement as a result of Force Majeure Event or any other cause beyond its control.
(c) The acts, omissions or negligence of any third party.
(d) Any person obtaining the Client’s Access Data that the Company has issued to the Client prior to the Client’s reporting to the Company of the misuse of his Access Data.
(e) Unauthorized third persons having access to information, including electronic addresses, electronic communication, personal data and Access Data when the above are transmitted between the Parties or any other party, using the internet or other network communication facilities, post, telephone, or any other electronic means.
(f) Any of the risks of the Risks Disclosure and Warnings Notice.
(g) Currency risk materializes.
(h) Any changes in the rates of tax.
(i) The occurrence of Slippage.
(j) The Client relying on functions such as Trailing Stop, Expert Advisor and Stop Loss Orders.
(k) Under abnormal Market Conditions.
(l) Any acts or omissions (including negligence and fraud) of the Client and/or his Authorized Representative.
(m) For the Client’s or his Authorised Representative’s trading decisions.
(n) All Orders given through and under the Client’s Access Data.
(o) The contents, correctness, accuracy and completeness o...
Limitations of Liability and Indemnity.
16.1 Nothing in the Operative Agreements will exclude or restrict any duty or liability owed by us to you under the Applicable Regulations, including liability for your personal injury or death.
16.2 We will not, in the absence of fraud, wilful default or gross negligence on our side, be liable for any of your losses, costs, expenses or damages, any consequential special or indirect losses, loss of profits, loss of opportunity (including in relation to subsequent market movements), failure to avoid a loss, loss or corruption of data, loss of goodwill or reputation, directly or indirectly arising from:
(a) any inaccuracy or mistake in any information, including Market Data, made available to you by us in relation to your Transactions or otherwise;
(b) any error, failure or delay on your Platform;
(c) any Transactions you have made on your Platform;
(d) any failure by us to perform any of our obligations under the Operative Agreements as a result of a Force Majeure or otherwise;
(e) any acts, omissions or negligence of any third party; including an unauthorized third person’s access to your personal data or Access Data;
(f) any Order placed by you on your Platform and the delay in this Order’s execution; our inability to modify and cancel your Order;
(g) any failure to get in touch with you regarding Margin Call on your Open Position;
(h) currency risk;
(i) Slippage and Gapping;
(j) any risks applicable to trading your Instruments;
(k) any changes in the rates of taxes applicable to you, other adverse tax implications of the Transactions;
(l) your reliance on Stop Losses;
(m) your reliance on information about normal trading hours for a particular Instrument;
(n) any inability to execute an instruction or Order;
(o) the effect of a corporate event or a corporate action;
(p) the effect of your failure to comply with the Operative Agreements;
(q) the effect of your Trading Account being disabled due to inactivity or Clearly Erroneous Order(s);
(r) any failure of the whole or any part of our software or any systems or network links or any other means of communication;
(s) any computer viruses, worms, software bombs or similar items being introduced into your computer or mobile hardware /software while using your Platform.
16.3 We will not be liable for the solvency, acts or omissions of any third party referred to in the Operative Agreements, including a custodian, sub-custodian, credit or financial institution, market data provider in circumstances where we ...
Limitations of Liability and Indemnity. 22.1. Nothing in the Agreement shall exclude or restrict any obligation or liability which the Company may have or owe to the Client under Applicable Regulations, nor any liability which the Company may incur under the Law or Applicable Regulations in respect of a breach of any such obligation, nor shall anything in the Agreement require the Client to indemnify or compensate the Company to any extent prohibited by Applicable Regulations.
22.2. The Company shall conclude Transactions in good faith and with due diligence but shall not be held liable for any omission, deliberate omission or fraud by a Manager and/or any person, firm or company from whom the Company receives instructions for the execution
22.3. The Company shall not be held liable for any loss of opportunity as a result of which the value of the Client’s Financial Instruments could increase or for any reduction in the value of the Client’s Financial Instruments, regardless of how such decrease may arise, unless to the extent that such loss or reduction is directly due to gross negligence, willful default or fraud by the Company or its employees.
22.4. If the Company incurs 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 disposal of the Client’s Financial Instruments in view of the satisfaction of any claims made by the Company or due to the non-fulfillment of any of the Client’s statements and/or Orders and/or instructions contained in the Agreement it is understood that the Company bears no responsibility whatsoever and it is the Client’s responsibility to indemnify the Company for such.
22.5. The Company shall not be held liable for the loss on the Client, including the cases where the Client’s funds are kept by a third party such as a bank or other institution used as a payment provider, or for an act, which was carried out based on inaccurate information at its disposal prior to being informed by the Client, of any change in the said information.
22.6. The Company shall not be liable for any loss or expense incurred by the Client in connection with, or directly or indirectly arising from but not limited to:
22.6.1. any failure by the Company to perform any of its obligations under the Agreement as a result of Force Majeure Event or any other cause beyond its control;
22.6.2. the acts, omissions or negligence of any thi...
Limitations of Liability and Indemnity. 24.1 Provider will be responsible for all commissions and omissions in treating the beneficiaries referred under the Scheme and will also be responsible for all legal consequences that may arise. Trust will not be held responsible for the outcome of the treatment or quality of the care provided by the Provider and should any legal complications arise and is called upon to answer, the Provider will pay all legal expenses and consequent compensation, if any.
24.2 Provider admits and agrees that if any claim arises out of` alleged deficiency in service on their part or on the part of their men or agents, then it will be the duty of the Provider to answer such claim. In the unlikely event of Trust being proceeded against for such cause of action and any liability was imposed on them, only by virtue of its relationship with the Provider, the Provider will step in and meet such liability on their own.
24.3 Notwithstanding anything to the contrary in this Agreement, neither Party will be liable by reason of failure or delay in the performance of its duties and obligations under this Agreement if such failure or delay is caused by acts of God, Strikes, lock-outs, embargoes, war, riots, civil commotion, any orders of Governmental, Quasi-Governmental or local authorities, or any other similar cause beyond its control and without its fault or negligence.
Limitations of Liability and Indemnity. 23.1. In the event the Company provides information, recommendations, news, information relating to transactions, market commentary or research to the Client (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise), 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. Subject to the right of the Company to void or close any Transaction in the specific circumstances set out the Agreement, any Transaction following such inaccuracy or mistake shall nonetheless remain valid and binding in all respects on both the Company and the Client. Page36
23.2. The Company will not be held liable for any loss or damage or expense or loss incurred by the Client in relation to, or directly or indirectly arising from but not limited to:
(a) any error or failure in the operation of the Online Trading System;
(b) any delay caused by the Client Terminal;
(c) transactions made via the Client Terminal or by telephone;
(d) any failure by the Company to perform any of its obligations under the Agreement as a result of Force Majeure Event or any other cause beyond its control;
(e) the acts, omissions or negligence of any third party;
(f) any person obtaining the Client’s Access Codes that the Company has issued to the Client prior to the Client’s reporting to the Company of the misuse of his Access Codes;
(g) all Orders given through and under the Client’s Access Data;
(h) unauthorized third persons having access to information, including electronic addresses, electronic communication, personal data and Access Data when the above are transmitted between the Parties or any other party, using the internet or other network communication facilities, post, telephone, or any other electronic means;
(i) a delay transmitting any Order for Execution;
(j) the solvency, acts or omissions of any third party referred to in this clause 7.6;
(k) if a situation of clause 7.7. arises;
(l) currency risk;
(m) Slippage;
(n) any of the risks relating to CFDs trading materialises;
Limitations of Liability and Indemnity. 26.1 Subject to those provisions of the Competition and Consumer Xxx 0000 (Commonwealth), the Australian Securities and Investments Commission Act 2001 (Commonwealth), the Corporations Act, any other legislation and any other rights, duties or other obligations imposed or implied by law which cannot be excluded by agreement between the parties, to the extent each of the following is not prohibited by those laws: we make no warranties either expressly or impliedly as to merchantability, fitness for a particular purpose, or otherwise (including as to accuracy, currency, availability, completeness or quality), with respect to any services we provide under these Account Terms including, without limitation, the Trading Platform; we exclude all liability in contract, tort or otherwise relating to or resulting from use of any services we provide under these Account Terms and for any Loss incurred by you directly or indirectly, including without limitation as a result of or arising out of: in the absence of negligence, fraud, dishonesty or misconduct by Admiral or any of its employees, agents and representatives and to the full extent of the law, any delay in transmitting or a failure to transmit funds caused by reasons outside the control of Admiral or as a result of Admiral’s failure to execute Orders in a timely manner or administer these Account Terms in the manner contemplated by these Account Terms for reasons beyond its control (reasons outside Admiral’s control include but are not limited to, exchange control or other government restrictions, exchange or market rulings, suspension of trading, power failure, telecommunication failure, strikes or war); any moratorium, suspension, halt, delisting or removal from quotation or sponsored publication of any Underlying Reference Instrument or any other similar or analogous occurrence in relation to the Underlying Reference Instrument; any unauthorised use of your user-name login or password; any inaccuracy, error or delay in or omission from any information provided to you under the terms of or for purposes in connection with these Account Terms including the Trading Platform; any delay, interruption, failure or inaccuracies in the transmission of your instructions; any failure of any electronic means used to transmit instructions or to disseminate Orders, data or information or of any telecommunications link; any fault, error or defect in design or engineering of the Trading Platform or computer systems or any de...
Limitations of Liability and Indemnity. 8.1 Pure Market will not be liable for any loss or expense incurred by the Introducer in connection with, or directly or indirectly arising from, the acts, omissions or negligence of any third party.
8.2 The Introducer will indemnify Pure Market and keep Pure Market indemnified on demand in respect of all liabilities, costs, claims, demands and expenses of any nature whatsoever which Pure Market suffers or incurs as a direct or indirect result of any act of omission of the Introducer in connection with its relationship with Pure Market or any customer introduced by the Introducer to the Company or any failure by the Introducer to perform any of the Introducer’s obligations under this Agreement or any breach of any provision of this Agreement including without limitations, any refusal or failure to provide any authorisation as Pure Market may require, whether under clause 5.2 or otherwise.
8.3 Unless specifically provided in this Agreement, Pure Market shall in no circumstances be liable to the Introducer for any consequential direct or indirect losses, loss of profits, loss of opportunity, costs, expenses, penalties or damages the Introducer may suffer in relation to this Agreement.
8.4 Subject to the terms of this Agreement, the Introducer agrees to indemnify and hold Pure Market and its Principals, shareholders, officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, costs, penalties (including those stemming from regulators) involving the Introducer’s activities or its customers’ accounts including account deficits, loss or losses and expenses (including legal fees) that they may sustain or become liable or answerable for or shall pay, as a result of any alleged act, practice, conduct or omission of the Introducer or its Principals, shareholders, officers, directors, employees, agents or representatives with respect to the customers introduced to the Company by the Introducer.
Limitations of Liability and Indemnity. 37.1. In the event the Company provides information, recommendations, news, information relating to transactions, market commentary or research to the Client or the persons the Client has notified to the Company in writing to be authorized person(s) (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise), 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. Subject to the right of the Company to void or close any Transaction in the specific circumstances set out the Agreement, any Transaction following such inaccuracy or mistake shall nonetheless remain valid and binding in all respects on both the Company and the Client.
37.2. The Company will not be held liable for any loss or damage or expense or loss incurred by the Client in relation to, or directly or indirectly arising from but not limited to:
(a) Any error or failure in the operation of the online trading system;
(b) Any delay caused by the client terminal;
(c) Transactions made via the client terminal or by telephone;
(d) Any failure by the company to perform any of its obligations under the agreement as a result of force majeure event or any other cause beyond its control;
(e) The acts, omissions or negligence of any third party;
(f) Any person obtaining the client’s access codes that the company has issued to the client prior to the client’s reporting to the company of the misuse of his access codes;
(g) All orders given through and under the client’s access data;
(h) Unauthorized third persons having access to information, including electronic addresses, electronic communication, personal data and access data when the above are transmitted between the parties or any other party, using the internet or other network communication facilities, post, telephone, or any other electronic means;
(i) A delay transmitting any order for execution;
