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.
Appears in 7 contracts
Samples: Client Agreement, Client Agreement, Client Agreement
Limitations of Liability and Indemnity.
9.1 37.1. In the event the Company provides adviceinformation, recommendations, news, information relating to transactions, market commentary or recommendations research to the Client, Client or the persons the Client has notified to the Company shall not in writing to be responsible for the profitability of such adviceauthorized person(s) (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise), information or recommendations. The Client acknowledges that the Company shall not, in the absence of its fraud, willful 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 to the Client including, without limitation, information relating to any Transactionsgiven. Subject to the right of the Company to void or close any Transaction in the specific circumstances set out the Operative AgreementsAgreement, 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 37.2. The Company shall will not be held liable for any loss or damage or expense or loss incurred by the Client in connection withrelation to, or directly or indirectly arising fromfrom but not limited to:
(a) any Any error or failure in the operation of the Trading Platform or any online trading system;
(b) Any delay caused by the Client Terminalclient terminal;
b(c) Transactions made via the Client Terminalclient terminal or by telephone;
c(d) any Any failure by the Company company to perform any of its obligations under the Operative Agreements agreement as a result of a force majeure event or any other cause beyond its control; or;
d(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 26.7;
(k) If a situation of clause 26.8. Arises;
(l) Currency risk;
(m) Slippage;
(n) Any of the risks relating to CFDs trading materialises;
(o) Any changes in the rates of tax.
9.3 The Client shall 37.3. 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 any Order it is understood that the Company bears no responsibility whatsoever and it is the Client’s responsibility to 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 Agreementsfor such.
9.4 37.4. The Company shall in no circumstances be liable to the Client for any consequential consequential, special or indirect losses, damages, loss of profits, loss of opportunity (including in relation to subsequent market movements, attorneys’ fees and expenses and any fines or penalties imposed by any governmental agency, contract market, exchange, clearing organization or other self-regulatory body), costs, costs or expenses or damages the Client may suffer in relation to the Operative AgreementsAgreement.
37.5. Without limiting the generality of the foregoing, the Client agrees to reimburse the Company on demand for any costs of collection incurred by the Company in collecting any sums owing by the Client under this Agreement and any cost incurred by the Company, including legal action/proceedings, in defending against any claims asserted by the Client, including all attorney’s fees, interest and expenses.
37.6. The Client agrees and acknowledges that being liable for his own costs/expenses, unless directed otherwise agreed in by any court of law and/or regulatory body.
37.7. Trading operations using additional functions of the Terms of BusinessClient Trading Terminal such as Trailing Stop and/or Expert Adviser are executed completely under the Client’s responsibility, as they depend directly on his trading terminal and the Company bears no responsibility whatsoever.
37.8. Placing a Stop Loss Order will not necessarily limit losses to the intended amounts, because market conditions may make it impossible to execute such an Order at the stipulated price and the Company bears no responsibility whatsoever.
Appears in 6 contracts
Samples: CFDS Client Agreement, CFDS Client Agreement, CFDS Client Agreement
Limitations of Liability and Indemnity.
9.1 8.1. 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 AgreementsClient Agreement, 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 8.2. 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 Client’s Terminal;
b) Transactions made via the Client Client’s Terminal;
c) any failure by the Company to perform any of its obligations under the Operative Agreements Client Agreement as a result of a cause beyond its control; or
d) acts, omissions or negligence of any third party.
9.3 8.3. 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 AgreementsClient Agreement.
9.4 8.4. 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 AgreementsClient Agreement, unless otherwise agreed in the Terms of Businessmutually agreed.
Appears in 6 contracts
Samples: Client Agreement, Client Agreement, Client Agreement
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.
Appears in 4 contracts
Samples: Client Agreement, Client Agreement, Client Agreement
Limitations of Liability and Indemnity.
9.1 13.1 In the event the Company provides adviceinformation, recommendations, news, information relating to transactions, market commentary or recommendations research to the ClientClient (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise), 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 fraud or gross negligence, be liable for any losses, costs, expenses or damages suffered suffered by the Client arising from any inaccuracy or mistake in any such information given to the Client including, without limitation, information relating to any Transactionsgiven. Subject to the right of the Company to void or close any Transaction in the specific specific circumstances set out in the Operative AgreementsAgreement, 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 13.2 The Company shall will not be held liable for for, any loss or damage or expense or loss incurred by the Client in connection withrelation to, or directly or indirectly indirectly, arising fromfrom but not limited to:
a) any A. Any error or failure in the operation of the Trading Platform or Platform;
B. Errors in the settings of Client Terminal, out-of-sequence Client Terminal update, any delay caused by the Client Terminal;
b) Transactions made via , the Client not following the instructions on the Client Terminal;
c) any C. Any hardware, software, connection bugs from the Client’s side;
D. All Orders placed under the Client’s Access Data;
E. Any failure by the Company to perform any of its obligations under the Operative Agreements Agreement as a result of a cause beyond its control; orForce Majeure Event;
d) F. The acts, omissions or negligence of any third party;
G. The solvency, acts or omissions of any third party referred to in paragraph 1.6 of PART B of this document;
H. If a situation referred to in paragraph 1.7 of PART B of this document arises;
I. 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;
J. 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;
K. Any actions or representations of the Introducer;
L. Currency risk materialising;
M. Occurrence of Slippage;
N. Any of the risks and warnings of the document “Risks Disclosure and Warnings Notice”, found on the Company’s website, materialises;
O. Any changes in the rates of tax;
P. The Client using Trailing Stop and/or Expert Advisor.
9.3 Q. The Client’s reliance on Stop Loss Orders;
R. The actions, Orders, instructions, Transactions entered into by the Client shall under this Agreement.
13.3 If the Company incurs any claims, damage, liability, costs or expenses, which may arise as a result of the execution of the Agreement and/or in relation to the provision of the Services and/or in relation to any Order it is understood that the Company bears no responsibility whatsoever and it is the Client’s responsibility to 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 Agreementsfor such.
9.4 13.4 The Company shall in no circumstances be liable to the Client for any consequential consequential, special or indirect losses, damages, loss of profitsprofits, loss of opportunity (including in relation to subsequent market movements), costs, costs or expenses or damages the Client may suffer suffer in relation to the Operative Agreements, unless otherwise agreed in the Terms of BusinessAgreement.
Appears in 3 contracts
Samples: Client Agreement, Client Agreement, Client Agreement
Limitations of Liability and Indemnity.
9.1 21.1 In the event the Company provides adviceinformation, recommendations, news, information relating to Transactions, market commentary or recommendations research to the ClientClient (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise), 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 such information given to the Client including, without limitation, information relating to any Transactionsgiven. Subject to the right of the Company to void or close any Transaction in the specific circumstances set out the Operative Agreementsthis Agreement, 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 21.2 The Company shall will not be held liable for any damage, expense or loss or expense incurred by the Client in connection withrelation to, or directly or indirectly arising fromfrom but not limited to:
a) any a. Any error or failure in the operation of the Company Online Trading Platform System;
b. Any inaccurate system or price data, including but not limited to delayed prices showing on the trading platform, due to system errors, external data feeds provided by third-party vendors and/or any other reasons;
c. Any delay caused by the Client Terminal;
b) d. Transactions made via the Client Terminal or Orders placed via the Client Terminal;
c) any e. Any failure by the Company to perform any of its obligations under the Operative Agreements this Agreement as a result of a cause beyond its control; orForce Majeure Event;
d) acts, f. The acts or omissions or negligence of any third party;
g. 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;
h. All Orders given through and under the Client’s Access Data;
i. 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;
j. A delay transmitting any Order for Execution;
k. The solvency, acts or omissions of any third party who holds Client money or Securities;
l. If a risk mentioned in the Risk Disclosure materialises;
m. The occurrence of Currency Risk;
n. The occurrence of Slippage;
o. Any of the risks relating to trading materializes;
p. Any changes in the rates of tax;
q. Any actions or representations of the Introducer;
r. The Client relying on Trailing Stop and/or Expert Adviser or similar automated or robotic trading systems;
s. The Client relying in Stop Loss or Stop Limit Orders or similar;
t. The solvency, act or omission of a third party, or nominee, or register, or bank, or depositary or Authorized organization or custodian where the Company may hold Client money or Securities.
9.3 The Client shall 21.3 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 this Agreement and/or in relation to the provision of the Services and/or in relation to any Order it is understood that the Company bears no responsibility whatsoever and it is the Client’s responsibility to 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 Agreementsfor such.
9.4 21.4 The Company shall in no circumstances be liable to the Client for any consequential consequential, special or indirect losses, damages, loss of profits, loss of opportunity (including in relation to subsequent market movements), costs, costs or expenses or damages the Client may suffer in relation to this Agreement.
21.5 Nothing in this Agreement is intended to have the Operative Agreements, unless otherwise agreed in effect of excluding or limiting the Terms of BusinessCompany’s duties or liabilities to the Client under Applicable Regulations and the law.
Appears in 3 contracts
Samples: Client Agreement, Client Agreement, Client Agreement
Limitations of Liability and Indemnity. 16.1. Nothing in the Operative Agreements will exclude or restrict any obligation or liability which CAPITALXTEND LLC may have or owe to the Client under Applicable Regulations, nor any liability which CAPITALXTEND LLC may incur under the Law or Applicable Regulations in respect of a breach of any such obligation, nor will anything in the Operative Agreements require the Client to indemnify or compensate CAPITALXTEND LLC to any extent prohibited by Applicable Regulations.
9.1 16.2. In the event the Company CAPITALXTEND LLC provides advice, information or recommendations to the Client, the Company CAPITALXTEND LLC shall not be responsible for the profitability of such advice, information or recommendations. The Client acknowledges that the Company CAPITALXTEND LLC 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 CAPITALXTEND LLC 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 CAPITALXTEND LLC and the Client.
9.2 The Company shall 16.3. CAPITALXTEND LLC will not be liable for any loss or expense incurred by the Client in connection with, or directly or indirectly arising from:
(a) any 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 Any failure by the Company CAPITALXTEND LLC to perform any of its obligations under the Operative Agreements as a result of a Force Majeure or a cause beyond its control; or
or (d) The 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.
Appears in 2 contracts
Samples: Client Agreement, Client Agreement
Limitations of Liability and Indemnity.
9.1 16.1 In the event the Company provides AMLTD may provide advice, information or recommendations to the Client, the Company AMLTD shall not be responsible for the profitability of such advice, information or recommendations. The Client acknowledges that the Company AMLTD 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 AMLTD 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 AMLTD and the Client.
9.2 The Company shall 16.2 AMLTD will not be liable for any loss or expense incurred by the Client in connection with, or directly or indirectly arising from:
a) a. any error or failure in the operation of the Trading Platform or any delay caused by the Client Terminal;
b) b. Transactions made via the Client TerminalTerminal or by telephone;
c) c. any failure by the Company AMLTD to perform any of its obligations under the Operative Agreements as a result of a cause beyond its control; or
d) d. the acts, omissions or negligence of any third party.
9.3 16.3 The Client shall will indemnify the Company AMLTD and keep the Company AMLTD indemnified on demand in respect of all liabilities, costs, claims, demands and expenses of any nature whatsoever which the Company AMLTD 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.
Appears in 2 contracts
Samples: Account Opening Agreement, Account Opening Agreement
Limitations of Liability and Indemnity.
9.1 13.1 In the event the Company provides adviceinformation, recommendations, news, information relating to transactions, market commentary or recommendations research to the ClientClient (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise), 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 fraud 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 to the Client including, without limitation, information relating to any Transactionsgiven. Subject to the right of the Company to void or close any Transaction in the specific circumstances set out in the Operative AgreementsAgreement, 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 13.2 The Company shall will not be held liable for for, any loss or damage or expense or loss incurred by the Client in connection withrelation to, or directly or indirectly indirectly, arising fromfrom but not limited to:
a) any A. Any error or failure in the operation of the Trading Platform or Platform;
B. Errors in the settings of Client Terminal, out-of-sequence Client Terminal update, any delay caused by the Client Terminal;
b) Transactions made via , the Client not following the instructions on the Client Terminal;
c) any C. Any hardware, software, connection bugs from the Client’s side;
D. All Orders placed under the Client’s Access Data;
E. Any failure by the Company to perform any of its obligations under the Operative Agreements Agreement as a result of a cause beyond its control; orForce Majeure Event;
d) F. The acts, omissions or negligence of any third party.;
9.3 G. The Client shall indemnify the Company and keep the Company indemnified on demand in respect of all liabilitiessolvency, costs, claims, demands and expenses acts or omissions of any nature whatsoever which the Company suffers or incurs as third party referred to in paragraph 1.6 of PART B of this document;
H. If a direct or indirect result situation referred to in paragraph 1.7 of any failure by the Client to perform any PART B of this document arises;
I. Any person obtaining the Client’s obligations under Access Data that the Operative Agreements.
9.4 The Company shall in no circumstances be liable has issued 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 prior to the Operative AgreementsClient’s reporting to the Company of the misuse of his Access Data;
J. Unauthorized third persons having access to information, unless otherwise agreed in including electronic addresses, electronic communication, personal data and Access Data when the Terms 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;
K. Any actions or representations of Business.the Introducer;
L. Currency risk materialising; M. Occurrence of Slippage;
Appears in 2 contracts
Samples: Client Agreement, Client Agreement
Limitations of Liability and Indemnity. 17.1 Nothing in the Operative Agreements will exclude or restrict any obligation or liability which the Company may have or owe to the Customer under the Vanuatu Financial Services Rules, nor any liability which the Company may incur under the Act or the Vanuatu Financial Services Rules in respect of a breach of any such obligation, nor will anything in the Operative Agreements require the Customer to indemnify or compensate the Company to any extent prohibited by the Vanuatu Financial Services Rules.
9.1 17.2 In the event the Company provides may provide advice, information or recommendations to the ClientCustomer, the Company shall not be responsible for the profitability of such advice, information or recommendations. The Client Customer acknowledges that the Company shall not, in the absence of its fraud, willful wilful default or gross negligence, be liable for any losses, costs, expenses or damages suffered by the Client Customer arising from any inaccuracy or mistake in any information given to the Client Customer 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 ClientCustomer.
9.2 17.3 The Company shall will not be liable for any loss or expense incurred by the Client Customer 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 TerminalTerminal or by telephone;
(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) the acts, omissions or negligence of any third party
17.4 Any error or failure in the technical operation of systems including, but not limited to, the Trading Platform, the Company’s website or Client Terminal has to be reported by the Customer within 5 working days of the incident. Failing which, the Company will not be liable for any consequential costs, expenses, damages, loss of profits or loss of opportunities incurred by the Customer.
9.3 17.5 The Client shall Customer will 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 Customer to perform any of the ClientCustomer’s obligations under the Operative Agreements.
9.4 17.6 The Company shall in no circumstances be liable to the Client Customer 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 Customer may suffer in relation to the Operative Agreements, unless otherwise agreed in the Terms of Business.
Appears in 2 contracts
Samples: Customer Agreement, Customer Agreement
Limitations of Liability and Indemnity. 17.1 Nothing in the Operative Agreements will exclude or restrict any obligation or liability which the Company may have or owe to the Customer under the Rules of Financial Services Authority (FSA) in Saint Xxxxxxx & The Grenadines, nor any liability which the Company may incur under the Act or the Rules of Financial Services Authority (FSA) in Saint Xxxxxxx & The Grenadines in respect of a breach of any such obligation, nor will anything in the Operative Agreements require the Customer to indemnify or compensate the Company to any extent prohibited by the Rules of Financial Services Authority (FSA) in Saint Xxxxxxx & The Grenadines.
9.1 17.2 In the event the Company provides may provide advice, information or recommendations to the ClientCustomer, the Company shall not be responsible for the profitability of such advice, information or recommendations. The Client Customer acknowledges that the Company shall not, in the absence of its fraud, willful wilful default or gross negligence, be liable for any losses, costs, expenses or damages suffered by the Client Customer arising from any inaccuracy or mistake in any information given to the Client Customer 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 ClientCustomer.
9.2 17.3 The Company shall will not be liable for any loss or expense incurred by the Client Customer 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 TerminalTerminal or by telephone;
(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) the acts, omissions or negligence of any third party
17.4 Any error or failure in the technical operation of systems including, but not limited to, the Trading Platform, the Company’s website or Client Terminal has to be reported by the Customer within 5 working days of the incident. Failing which, the Company will not be liable for any consequential costs, expenses, damages, loss of profits or loss of opportunities incurred by the Customer.
9.3 17.5 The Client shall Customer will 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 Customer to perform any of the ClientCustomer’s obligations under the Operative Agreements.
9.4 17.6 The Company shall in no circumstances be liable to the Client Customer 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 Customer may suffer in relation to the Operative Agreements, unless otherwise agreed in the Terms of Business.
Appears in 2 contracts
Samples: Customer Agreement, Customer Agreement
Limitations of Liability and Indemnity.
9.1 13.1 In the event the Company provides adviceinformation, recommendations, news, information relating to transactions, market commentary or recommendations research to the ClientClient (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise), 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 fraud 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 to the Client including, without limitation, information relating to any Transactionsgiven. Subject to the right of the Company to void or close any Transaction in the specific circumstances set out in the Operative AgreementsAgreement, 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 13.2 The Company shall will not be held liable for for, any loss or damage or expense or loss incurred by the Client in connection withrelation to, or directly or indirectly indirectly, arising fromfrom but not limited to:
a) any A. Any error or failure in the operation of the Trading Platform or Platform;
B. Errors in the settings of Client Terminal, out-of-sequence Client Terminal update, any delay caused by the Client Terminal;
b) Transactions made via , the Client not following the instructions on the Client Terminal;
c) any C. Any hardware, software, connection bugs from the Client’s side;
D. All Orders placed under the Client’s Access Data;
E. Any failure by the Company to perform any of its obligations under the Operative Agreements Agreement as a result of a cause beyond its control; orForce Majeure Event;
d) F. The acts, omissions or negligence of any third party;
G. The solvency, acts or omissions of any third party referred to in paragraph 1.6 of PART B of this document;
H. If a situation referred to in paragraph 1.7 of PART B of this document arises;
I. 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;
J. 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;
K. Any actions or representations of the Introducer;
L. Currency risk materialising;
M. Occurrence of Slippage;
N. Any of the risks and warnings of the document “Risks Disclosure and Warnings Notice”, found on the Company’s website, materialises;
O. Any changes in the rates of tax;
P. The Client using Trailing Stop and/or Expert Advisor.
9.3 Q. The Client’s reliance on Stop Loss Orders;
R. The actions, Orders, instructions, Transactions entered into by the Client shall under this Agreement.
13.3 If the Company incurs any claims, damage, liability, costs or expenses, which may arise as a result of the execution of the Agreement and/or in relation to the provision of the Services and/or in relation to any Order it is understood that the Company bears no responsibility whatsoever and it is the Client’s responsibility to 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 Agreementsfor such.
9.4 13.4 The Company shall in no circumstances be liable to the Client for any consequential consequential, special or indirect losses, damages, loss of profits, loss of opportunity (including in relation to subsequent market movements), costs, costs or expenses or damages the Client may suffer in relation to the Operative Agreements, unless otherwise agreed in the Terms of BusinessAgreement.
Appears in 2 contracts
Samples: Client Agreement, Client Agreement
Limitations of Liability and Indemnity.
9.1 13.1 In the event the Company provides adviceinformation, recommendations, news, information relating to transactions, market commentary or recommendations research to the ClientClient (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise), 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 fraud 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 to the Client including, without limitation, information relating to any Transactionsgiven. Subject to the right of the Company to void or close any Transaction in the specific circumstances set out in the Operative AgreementsAgreement, 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 13.2 The Company shall will not be held liable for for, any loss or damage or expense or loss incurred by the Client in connection withrelation to, or directly or indirectly indirectly, arising fromfrom but not limited to:
a) any A. Any error or failure in the operation of the Trading Platform or Platform;
B. Errors in the settings of Client Terminal, out-of-sequence Client Terminal update, any delay caused by the Client Terminal;
b) Transactions made via , the Client not following the instructions on the Client Terminal;
c) any C. Any hardware, software, connection bugs from the Client’s side;
D. All Orders placed under the Client’s Access Data;
E. Any failure by the Company to perform any of its obligations under the Operative Agreements Agreement as a result of a cause beyond its control; orForce Majeure Event;
d) F. The acts, omissions or negligence of any third party.;
9.3 G. The Client shall indemnify the Company and keep the Company indemnified on demand in respect of all liabilitiessolvency, costs, claims, demands and expenses acts or omissions of any nature whatsoever which the Company suffers or incurs as third party referred to in paragraph 1.6 of PART B of this document;
H. If a direct or indirect result situation referred to in paragraph 1.7 of any failure by the Client to perform any PART B of this document arises;
I. Any person obtaining the Client’s obligations under Access Data that the Operative Agreements.
9.4 The Company shall in no circumstances be liable has issued 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 prior to the Operative AgreementsClient’s reporting to the Company of the misuse of his Access Data;
J. Unauthorized third persons having access to information, unless otherwise agreed in including electronic addresses, electronic communication, personal data and Access Data when the Terms 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;
K. Any actions or representations of Business.the Introducer;
L. Currency risk materialising; M. Occurrence of Slippage;
Appears in 2 contracts
Samples: Client Agreement, Client Agreement
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 Businessagreed.
Appears in 2 contracts
Limitations of Liability and Indemnity.
9.1 37.1 In the event the Company provides adviceinformation, recommendations, news, information relating to transactions, market commentary or recommendations research to the Client, Client or the persons the Client has notified to the Company shall not in writing to be responsible for the profitability of such adviceauthorized person(s) (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise), information or recommendations. The Client acknowledges that the Company shall not, in the absence of its fraud, willful 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 to the Client including, without limitation, information relating to any Transactionsgiven. Subject to the right of the Company to void or close any Transaction in the specific circumstances set out the Operative AgreementsAgreement, 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 37.2 The Company shall will not be held liable for any loss or damage or expense or loss incurred by the Client in connection withrelation to, or directly or indirectly arising fromfrom but not limited to:
(a) any Any error or failure in the operation of the Trading Platform or any online trading system.
(b) Any delay caused by the Client Terminal;client terminal.
b(c) Transactions made via the Client Terminal;client terminal.
c(d) any Any failure by the Company company to perform any of its obligations under the Operative Agreements agreement as a result of a force majeure event or any other cause beyond its control; or.
d(e) The acts, omissions omissions, or negligence of any third party.
9.3 (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 are 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, or any other electronic means;
(i) A delay transmitting any order for execution.
(j) The Client shall solvency acts or omissions of any third party referred to in this clause 26.7.
(k) If a situation of clause 26.8. Arises.
(l) Currency risk.
(m) Slippage.
(n) Any of the risks relating to CFDs trading materializes.
(o) Any changes in the rates of tax.
37.3 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 any Order it is understood that the Company bears no responsibility whatsoever and it is the Client’s responsibility to 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 Agreementsfor such.
9.4 37.4 The Company shall in no circumstances be liable to the Client for any consequential special consequential, special, or indirect losses, damages, loss of profits, loss of opportunity (including in relation to subsequent market movements, attorneys’ fees and expenses and any fines or penalties imposed by any governmental agency, contract market, exchange, clearing organization or other self-regulatory body), costs, costs or expenses or damages the Client may suffer in relation to the Operative AgreementsAgreement.
37.5 Without limiting the generality of the foregoing, the Client agrees to reimburse the Company on demand for any costs of collection incurred by the Company in collecting any sums owing by the Client under this Agreement and any cost incurred by the Company, including legal action/proceedings, in defending against any claims asserted by the Client, including all attorney’s fees, interest and expenses.
37.6 The Client agrees and acknowledges that being liable for his own costs/expenses unless directed otherwise agreed in by any court of law and/or regulatory body.
37.7 Trading operations using additional functions of the Terms of BusinessClient Trading Terminal such as Trailing Stop and/or Expert Advisor are executed completely under the Client’s responsibility, as they depend directly on his trading terminal and the Company bears no responsibility whatsoever.
37.8 Placing a Stop Loss Order will not necessarily limit losses to the intended amounts, because market conditions may make it impossible to execute such an Order at the stipulated price and the Company bears no responsibility whatsoever.
Appears in 2 contracts
Samples: Client Agreement, Client Agreement
Limitations of Liability and Indemnity.
9.1 11.1 In the event the Company provides FXTM may provide advice, information or recommendations to the Client, the Company FXTM shall not be responsible or provide any guarantee for the outcome (eg profitability or loss) of such advice, information or recommendations. The Client acknowledges that the Company FXTM 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 FXTM 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 FXTM and the Client.
9.2 The Company shall 11.2 FXTM will not be liable for any loss or expense incurred by the Client in connection with, or directly or indirectly arising from:
a) 11.2.1 any error or failure in the operation of the Trading Platform or any delay caused by the Client Terminal;
b) 11.2.2 Transactions made via the Client TerminalTerminal or by telephone;
c) 11.2.3 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) 11.2.4 the acts, omissions or negligence of any third party.
9.3 11.3 The Client shall will indemnify the Company FXTM and keep the Company FXTM indemnified on demand in respect of all liabilities, costs, claims, demands and expenses of any nature whatsoever which the Company FXTM 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 11.4 FXTM 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.
Appears in 1 contract
Samples: Amanah Account Client Agreement
Limitations of Liability and Indemnity. 15.1 Nothing in the Operative Agreements will 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 will anything in the Operative Agreements require the Client to indemnify or compensate the Company to any extent prohibited by Applicable Regulations.
9.1 15.2 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 15.3 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 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 Any failure by the Company to perform any of its obligations under the Operative Agreements as a result of a Force Majeure or a cause beyond its control; or
(d) The acts, omissions or negligence of any third party.
9.3 (e) All Orders given through and under the Client’s Access Data;
(f) 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;
(g) A delay transmitting any Order for Execution;
(h) The solvency, acts/representations or omissions of any third party;
(i) Currency risk;
(j) Slippage;
(k) Any of the risks relating to CFDs trading materialises;
(l) Any changes in the rates of tax;
(m) The Client using Trailing Stop and/or Expert Adviser;
(n) The Client relying in Stop Loss Orders;
(o) Information relating to Trading Schedule hours.
15.4 The Client shall indemnify the Company and keep the Company indemnified on demand in respect of all liabilities, costscosts (including without limitation any legal cost, penalties and any interest), claims, demands damages, demands, losses 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.Agreements and/or which may arise in relation to the execution or as a result of the
9.4 15.5 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.
15.6 In the event of a negative balance in a retail Client account, the Company will not file a claim against the Client for that amount, except in cases where the Client has used illicit methods to create it.
15.7 Without prejudice to any other clauses of this Client Agreement, and to the extent permitted by Governing Legislation, the Company will have no liability to the Client in relation to any loss, costs or expenses that may be suffered by the Client as a result of technology limitations/ failures, server maintenance, planned maintenance, custodian rollover process, including but not limited to:
(a) any delay or defect in or failure of the whole or any part of the Company’s software or any systems or network links or any other means of communication; or
(b) any computer viruses, worms, software bombs or similar items being introduced into Client’s computer hardware or software except where such loss, cost or expense is a result of the Company’s own negligence, fraud or willful default.
Appears in 1 contract
Samples: Client Agreement
Limitations of Liability and Indemnity.
9.1 13.1 In the event the Company provides adviceinformation, recommendations, news, information relating to transactions, market commentary or recommendations research to the ClientClient (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise), 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 fraud 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 to the Client including, without limitation, information relating to any Transactionsgiven. Subject to the right of the Company to void or close any Transaction in the specific circumstances set out the Operative AgreementsAgreement, 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 13.2 The Company shall will not be held liable for any loss or damage or expense or loss incurred by the Client in connection withrelation to, or directly or indirectly arising fromfrom but not limited to:
(a) any error or failure in the operation of the Trading Platform or Platform;
(b) errors in the settings of Client Terminal, out-of-sequence Client Terminal update, any delay caused by the Client Terminal;
b) Transactions made via , the Client not following the instructions on the Client Terminal;
(c) any hardware, software, connection bugs from the Client’s side;
(d) all Orders placed under the Client’s Access Data;
(e) any failure by the Company to perform any of its obligations under the Operative Agreements Agreement as a result of a cause beyond its control; orForce Majeure Event;
d(f) the acts, omissions or negligence of any third party;
(g) the solvency, acts or omissions of any third party referred to in this paragraph 1.6. of PART B of this document (Client Agreement);
(h) if a situation of paragraph 1.7. of PART B of this document (Client Agreement) arises;
(i) 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;
(j) 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;
(k) any actions or representations of the Introducer;
(l) currency risk materialising;
(m) occurrence of Slippage;
(n) any of the risks and warnings of the document “Risks Disclosure and Warnings Notice”, found on the Company’s website, materialises;
(o) any changes in the rates of tax;
(p) the Client using Trailing Stop and/or Expert Adviser.
9.3 The (q) the Client shall relying in Stop Loss Orders;
(r) the actions, Orders, Instructions, Transactions entered into by the Client under this Agreement.
13.3 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 any Order it is understood that the Company bears no responsibility whatsoever and it is the Client’s responsibility to 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 Agreementsfor such.
9.4 13.4 The Company shall in no circumstances be liable to the Client for any consequential consequential, special or indirect losses, damages, loss of profits, loss of opportunity (including in relation to subsequent market movements), costs, costs or expenses or damages the Client may suffer in relation to the Operative Agreements, unless otherwise agreed in the Terms of BusinessAgreement.
Appears in 1 contract
Samples: Client Agreement
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.Company
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.
Appears in 1 contract
Samples: Client Agreement
Limitations of Liability and Indemnity.
9.1 16.1 In the event the Company provides CCFX may provide advice, information or recommendations to the Client, the Company CCFX shall not be responsible for the profitability of such advice, information or recommendations. The Client acknowledges that the Company CCFX 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 CCFX 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 CCFX and the Client.
9.2 The Company shall 16.2 CCFX will not be liable for any loss or expense incurred by the Client in connection with, or directly or indirectly arising from:
a) a. any error or failure in the operation of the Trading Platform or any delay caused by the Client Terminal;
b) b. Transactions made via the Client TerminalTerminal or by telephone;
c) c. any failure by the Company CCFX to perform any of its obligations under the Operative Agreements as a result of a cause beyond its control; or
d) d. the acts, omissions or negligence of any third party.
9.3 16.3 The Client shall will indemnify the Company CCFX and keep the Company CCFX indemnified on demand in respect of all liabilities, costs, claims, demands and expenses of any nature whatsoever which the Company CCFX 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.
Appears in 1 contract
Samples: Account Opening Agreement
Limitations of Liability and Indemnity.
9.1 8.1. 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 AgreementsClient Agreement, 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 8.2. 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 Client Agreement as a result of a cause beyond its control; or
d) acts, omissions or negligence of any third party.
9.3 8.3. 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 AgreementsClient Agreement.
9.4 8.4. 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 AgreementsClient Agreement, unless otherwise agreed in the Terms of Businessmutually agreed.
Appears in 1 contract
Samples: Client Agreement
Limitations of Liability and Indemnity. 15.1 Nothing in the Operative Agreements will 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 will anything in the Operative Agreements require the Client to indemnify or compensate the Company to any extent prohibited by Applicable Regulations.
9.1 15.2 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.the
9.2 15.3 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 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 Any failure by the Company to perform any of its obligations under the Operative Agreements as a result of a Force Majeure or a cause beyond its control; or
(d) The acts, omissions or negligence of any third party.
9.3 (e) All Orders given through and under the Client‟s Access Data;
(f) 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;
(g) A delay transmitting any Order for Execution;
(h) The solvency, acts/representations or omissions of any third party;
(i) Currency risk;
(j) Slippage;
(k) Any of the risks relating to CFDs trading materializes;
(l) Any changes in the rates of tax;
(m) The Client using Trailing Stop and/or Expert Adviser;
(n) The Client relying in Stop Loss Orders;
(o) Information relating to Trading Schedule hours.
15.4 The Client shall indemnify the Company and keep the Company indemnified on demand in respect of all liabilities, costscosts (including without limitation any legal cost, penalties and any interest), claims, demands damages, demands, losses 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 Client‟s obligations under the Operative Agreements.Agreements and/or which may arise in relation to the execution or as a result of the execution of the Client Agreement and/or in relation to the provision of the Services and/or in relation to any Order
9.4 15.5 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.
15.6 In the event of a negative balance in a retail Client account, the Company will not file a claim against the Client for that amount, except in cases where the Client has used illicit methods to create it.
15.7 Without prejudice to any other clauses of this Client Agreement, and to the extent permitted by Governing Legislation, the Company will have no liability to the Client in relation to any loss, costs or expenses that may be suffered by the Client as a result of technology limitations/ failures, server maintenance, planned maintenance, custodian rollover process, including but not limited to:
(a) any delay or defect in or failure of the whole or any part of the Company‟s software or any systems or network links or any other means of communication; or
(b) any computer viruses, worms, software bombs or similar items being introduced into Client‟s computer hardware or software except where such loss, cost or expense is a result of the Company‟s own negligence, fraud or willful default.
Appears in 1 contract
Samples: Client Agreement
Limitations of Liability and Indemnity.
9.1 8.1 In the event the Company provides advice, information or recommendations to the Client, the Company shall not be responsible for any consequences of the profitability of Client having acted on 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 AgreementsLegal Documents, 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 8.2 Except in cases of gross negligence, willful default or fraud on the part of the Company, 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 a. Any error or failure in the operation of the Trading Platform or any delay caused by the Client Terminal;
b) b. Transactions made via the Client Terminal;
c) c. any failure by the Company to perform any of its obligations under the Operative Agreements Legal Documents as a result of a cause beyond its control; or
d) d. acts, omissions or negligence of any third party.
9.3 8.3 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 AgreementsLegal Documents.
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.
Appears in 1 contract
Samples: Client Agreement
Limitations of Liability and Indemnity.
9.1 19.1. Nothing in the Operative Agreements will 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 will anything in the Operative Agreements require the Client to indemnify or compensate the Company to any extent prohibited by Applicable Regulations. In the event the Company provides may provide advice, information or recommendations to the Client, the Company shall not be responsible or provide any guarantee for the outcome (eg profitability or loss) 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 19.2. The Company shall will not be liable for any loss or expense incurred by the Client in connection with, or directly or indirectly arising from:
a) 19.2.1. any error or failure in the operation of the Trading Platform or any delay caused by the Client Terminal;
b) 19.2.2. Transactions made via the Client TerminalTerminal or by telephone;
c) 19.2.3. 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) 19.2.4. the acts, omissions or negligence of any third party.
9.3 19.3. The Client shall will 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 19.4. 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.
Appears in 1 contract
Samples: Client Agreement
Limitations of Liability and Indemnity.
9.1 13.1 In the event the Company provides adviceinformation, recommendations, news, information relating to transactions, market commentary or recommendations research to the ClientClient (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise), 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 fraud 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 to the Client including, without limitation, information relating to any Transactionsgiven. Subject to the right of the Company to void or close any Transaction in the specific circumstances set out the Operative AgreementsAgreement, 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 13.2 The Company shall will not be held liable for any loss or damage or expense or loss incurred by the Client in connection withrelation to, or directly or indirectly arising fromfrom but not limited to:
(a) any error or failure in the operation of the Trading Platform or Platform;
(b) errors in the settings of Client Terminal, out-of-sequence Client Terminal update, any delay caused by the Client Terminal;
b) Transactions made via , the Client not following the instructions on the Client Terminal;
(c) any hardware, software, connection bugs from the Client's side;
(d) all Orders placed under the Client's Access Data;
(e) any failure by the Company to perform any of its obligations under the Operative Agreements Agreement as a result of a cause beyond its control; orForce Majeure Event;
d(f) the acts, omissions or negligence of any third party;
(g) the solvency, acts or omissions of any third party referred to in this paragraph 1.6. of PART B of this document (Client Agreement);
(h) if a situation of paragraph 1.6. of PART B of this document (Client Agreement) arises;
(i) 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/her Access Data;
(j) 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;
(k) any actions or representations of the Introducer;
(l) currency risk materialising;
(m) occurrence of Slippage;
(n) occurrence of re-quoting;
(o) found on the Company's website, materialises;
(p) any changes in the rates of tax;
(q) the Client using Trailing Stop and/or Expert Adviser.
9.3 The (r) the Client shall indemnify relying in Stop Loss Orders;
(s) the Company and keep the Company indemnified on demand in respect of all liabilitiesactions, costsOrders, claimsInstructions, demands and expenses of any nature whatsoever which the Company suffers or incurs as a direct or indirect result of any failure Transactions entered into by the Client to perform any of the Client’s obligations under the Operative Agreementsthis Agreement.
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.
Appears in 1 contract
Samples: Client Agreement
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 keepthe 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.
Appears in 1 contract
Samples: Client Agreement
Limitations of Liability and Indemnity.
9.1 21.1 In the event the Company provides adviceinformation, recommendations, news, information relating to Transactions, market commentary or recommendations research to the ClientClient (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise), 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 such information given to the Client including, without limitation, information relating to any Transactionsgiven. Subject to the right of the Company to void or close any Transaction in the specific circumstances set out the Operative Agreementsthis Agreement, 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 21.2 The Company shall will not be held liable for any damage, expense or loss or expense incurred by the Client in connection withrelation to, or directly or indirectly arising fromfrom but not limited to:
a) any a. Any error or failure in the operation of the Company Online Trading Platform System;
b. Any inaccurate system or price data, including but not limited to delayed prices showing on the trading platform, due to system errors, external data feeds provided by third-party vendors and/or any other reasons;
c. Any delay caused by the Client Terminal;
b) d. Transactions made via the Client Terminal or Orders placed via the Client Terminal;
c) any e. Any failure by the Company to perform any of its obligations under the Operative Agreements this Agreement as a result of a cause beyond its control; orForce Majeure Event;
d) acts, f. The acts or omissions or negligence of any third party;
g. 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;
h. All Orders given through and under the Client’s Access Data;
i. 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;
j. A delay transmitting any Order for Execution;
k. The solvency, acts or omissions of any third party who holds Client money or Securities;
l. If a risk mentioned in paragraph 4 of Appendix 2 materialises;
m. The occurrence of Currency Risk;
n. The occurrence of Slippage;
o. Any of the risks relating to trading materializes;
p. Any changes in the rates of tax;
q. Any actions or representations of the Introducer;
r. The Client relying on Trailing Stop and/or Expert Adviser or similar automated or robotic trading systems;
s. The Client relying in Stop Loss or Stop Limit Orders or similar;
t. The solvency, act or omission of a third party, or nominee, or register, or bank, or depositary or Authorized organization or custodian where the Company may hold Client money or Securities.
9.3 The Client shall 21.3 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 this Agreement and/or in relation to the provision of the Services and/or in relation to any Order it is understood that the Company bears no responsibility whatsoever and it is the Client’s responsibility to 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 Agreementsfor such.
9.4 21.4 The Company shall in no circumstances be liable to the Client for any consequential consequential, special or indirect losses, damages, loss of profits, loss of opportunity (including in relation to subsequent market movements), costs, costs or expenses or damages the Client may suffer in relation to this Agreement.
21.5 Nothing in this Agreement is intended to have the Operative Agreements, unless otherwise agreed in effect of excluding or limiting the Terms of BusinessCompany’s duties or liabilities to the Client under Applicable Regulations and the law.
Appears in 1 contract
Samples: Client Agreement
Limitations of Liability and Indemnity.
9.1 13.1 In the event the Company provides adviceinformation, recommendations, news, information relating to transactions, market commentary or recommendations research to the ClientClient (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise), 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 fraud 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 to the Client including, without limitation, information relating to any Transactionsgiven. Subject to the right of the Company to void or close any Transaction in the specific circumstances set out the Operative AgreementsAgreement, 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 13.2 The Company shall will not be held liable for any loss or damage or expense or loss incurred by the Client in connection withrelation to, or directly or indirectly arising fromfrom but not limited to:
(a) any error or failure in the operation of the Trading Platform or Platform;
(b) errors in the settings of Client Terminal, out-of-sequence Client Terminal update, any delay caused by the Client Terminal;
b) Transactions made via , the Client not following the instructions on the Client Terminal;
(c) any hardware, software, connection bugs from the Client’s side;
(d) all Orders placed under the Client’s Access Data;
(e) any failure by the Company to perform any of its obligations under the Operative Agreements Agreement as a result of a cause beyond its control; orForce Majeure Event;
d(f) the acts, omissions or negligence of any third party;
(g) the solvency, acts or omissions of any third party referred to in this paragraph 1.6. of PART B of this document (Client Agreement);
(h) if a situation of paragraph 1.7. of PART B of this document (Client Agreement)arises;
(i) 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;
(j) 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;
(k) any actions or representations of the Introducer;
(l) currency risk materialising;
(m) occurrence of Slippage;
(n) any of the risks and warnings of the document “Risks Disclosure and Warnings Notice”, found on the Company’s website, materialises;
(o) any changes in the rates of tax;
(p) the Client using Trailing Stop and/or Expert Adviser.
9.3 The (q) the Client shall relying in Stop Loss Orders;
(r) the actions, Orders, Instructions, Transactions entered into by the Client under this Agreement.
13.3 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 any Order it is understood that the Company bears no responsibility whatsoever and it is the Client’s responsibility to 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 Agreementsfor such.
9.4 13.4 The Company shall in no circumstances be liable to the Client for any consequential consequential, special or indirect losses, damages, loss of profits, loss of opportunity (including in relation to subsequent market movements), costs, costs or expenses or damages the Client may suffer in relation to the Operative Agreements, unless otherwise agreed in the Terms of BusinessAgreement.
Appears in 1 contract
Samples: Client Agreement
Limitations of Liability and Indemnity.
9.1 16.1 In the event the Company provides EPFX may provide advice, information or recommendations to the Client, the Company EPFX shall not be responsible for the profitability of such advice, information or recommendations. The Client acknowledges that the Company EPFX 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 EPFX 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 EPFX and the Client.
9.2 The Company shall 16.2 EPFX will not be liable for any loss or expense incurred by the Client in connection with, or directly or indirectly arising from:
a) a. any error or failure in the operation of the Trading Platform or any delay caused by the Client Terminal;
b) b. Transactions made via the Client TerminalTerminal or by telephone;
c) c. any failure by the Company EPFX to perform any of its obligations under the Operative Agreements as a result of a cause beyond its control; or
d) d. the acts, omissions or negligence of any third party.
9.3 16.3 The Client shall will indemnify the Company EPFX and keep the Company EPFX indemnified on demand in respect of all liabilities, costs, claims, demands and expenses of any nature whatsoever which the Company EPFX 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.
Appears in 1 contract
Samples: Account Opening Agreement
Limitations of Liability and Indemnity.
9.1 8.1 In the event the Company provides advice, information or recommendations to the Client, the Company shall not be responsible for any consequences of the profitability of Client having acted on 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 AgreementsLegal Documents, 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 8.2 Except in cases of gross negligence, willful default or fraud on the part of the Company, 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 Legal Documents as a result of a cause beyond its control; or
(d) acts, omissions or negligence of any third party.
9.3 8.3 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 AgreementsLegal Documents.
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.
Appears in 1 contract
Samples: Client Agreement
Limitations of Liability and Indemnity. 17.1. Nothing in the Operative Agreements will exclude or restrict any obligation or liability which the Company may have or owe to the Customer 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 will anything in the Operative Agreements require the Customer to indemnify or compensate the Company to any extent prohibited by Applicable Regulations.
9.1 17.2. In the event the Company provides may provide advice, information or recommendations to the ClientCustomer, the Company shall not be responsible for the profitability of such advice, information or recommendations. The Client Customer 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 Customer arising from any inaccuracy or mistake in any information given to the Client Customer 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 ClientCustomer.
9.2 17.3. The Company shall will not be liable for any loss or expense incurred by the Client Customer in connection with, or directly or indirectly arising from:
a) any a. Any error or failure in the operation of the Trading Platform or any delay caused by the Client Terminal;; and
b) b. Transactions made via the Client TerminalTerminal or by telephone;
c) any 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) d. The acts, omissions or negligence of any third party.
9.3 17.4. The Client shall Customer will 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 Customer to perform any of the ClientCustomer’s obligations under the Operative Agreements.
9.4 17.5. The Company shall in no circumstances be liable to the Client Customer 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 Customer may suffer in relation to the Operative Agreements, unless otherwise agreed in the Terms of Business.
Appears in 1 contract
Samples: Customer Agreement
Limitations of Liability and Indemnity.
9.1 16.1 In the event the Company provides LQD may provide advice, information or recommendations to the Client, the Company LQD shall not be responsible for the profitability of such advice, information or recommendations. The Client acknowledges that the Company LQD 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 LQD 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 LQD and the Client.
9.2 The Company shall 16.2 LQD will not be liable for any loss or expense incurred by the Client in connection with, ,or directly or indirectly arising from:
a) a. any error or failure in the operation of the Trading Platform or any delay caused by the Client Terminal;
b) b. Transactions made via the Client TerminalTerminal or by telephone;
c) c. any failure by the Company LQD to perform any of its obligations under the Operative Agreements as a result of resultof a cause beyond its control; or
d) d. the acts, omissions or negligence of any third party.
9.3 16.3 The Client shall will indemnify the Company LQD and keep the Company LQD indemnified on demand in respect of all liabilities, costs, claims, demands and expenses of any nature whatsoever which the Company suffers or LQD suffersor 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 . LQD 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.
Appears in 1 contract
Samples: Account Opening Agreement
Limitations of Liability and Indemnity.
9.1 9.1. In the event the Company provides FT INVEST may provide advice, information or recommendations to the Client, the Company FT INVEST shall not be responsible for the profitability of such advice, information or recommendations. The Client acknowledges that the Company FT INVEST 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 FT INVEST 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 FT INVEST and the Client.
9.2 The Company 9.2. FT INVEST 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 FT INVEST 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 9.3. The Client shall indemnify the Company FT INVEST and keep the Company FT INVEST 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.whatsoever
9.4 The Company 9.4. FT INVEST 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.
Appears in 1 contract
Samples: Client Agreement
Limitations of Liability and Indemnity.
9.1 17.1. In the event the Company provides may provide advice, information or recommendations to the ClientCustomer, the Company shall not be responsible for the profitability of such advice, information or recommendations. The Client Customer acknowledges that the Company shall not, in the absence of its fraud, willful wilful default or gross negligence, be liable for any losses, costs, expenses or damages suffered by the Client Customer arising from any inaccuracy or mistake in any information given to the Client Customer 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 ClientCustomer.
9.2 17.2. The Company shall will not be liable for any loss or expense incurred by the Client Customer 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 TerminalTerminal or by telephone;
(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) the acts, omissions or negligence of any third party.
9.3 17.3. The Client shall Customer will 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 Customer to perform any of the ClientCustomer’s obligations under the Operative Agreements.
9.4 17.4. The Company shall in no circumstances be liable to the Client Customer 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 Customer may suffer in relation to the Operative Agreements, unless otherwise agreed in the Terms of Business.
Appears in 1 contract
Samples: Customer Agreement
