Limitations of Liability and Indemnity. 37.1. In the event the Company provides information, recommendations, news, information relating to transactions, market commentary or research to the Client or the persons the Client has notified to the Company in writing to be authorized person(s) (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise), the Company shall not, in the absence of its fraud, wilful default or gross negligence, be liable for any losses, costs, expenses or damages suffered by the Client arising from any inaccuracy or mistake in any such information given. Subject to the right of the Company to void or close any Transaction in the specific circumstances set out the Agreement, any Transaction following such inaccuracy or mistake shall nonetheless remain valid and binding in all respects on both the Company and the Client. 37.2. The Company will not be held liable for any loss or damage or expense or loss incurred by the Client in relation to, or directly or indirectly arising from but not limited to: (a) Any error or failure in the operation of the online trading system; (b) Any delay caused by the client terminal; (c) Transactions made via the client terminal or by telephone; (d) Any failure by the company to perform any of its obligations under the agreement as a result of force majeure event or any other cause beyond its control; (e) The acts, omissions or negligence of any third party; (f) Any person obtaining the client’s access codes that the company has issued to the client prior to the client’s reporting to the company of the misuse of his access codes; (g) All orders given through and under the client’s access data; (h) Unauthorized third persons having access to information, including electronic addresses, electronic communication, personal data and access data when the above are transmitted between the parties or any other party, using the internet or other network communication facilities, post, telephone, or any other electronic means; (i) A delay transmitting any order for execution;
Appears in 2 contracts
Samples: CFDS Client Agreement, CFDS Client Agreement
Limitations of Liability and Indemnity. 37.1. In the event the Company provides information, recommendations, news, information relating to transactions, market commentary or research to the Client or the persons the Client has notified to the Company in writing to be authorized person(s) (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise), the Company shall not, in the absence of its fraud, wilful default or gross negligence, be liable for any losses, costs, expenses or damages suffered by the Client arising from any inaccuracy or mistake in any such information given. Subject to the right of the Company to void or close any Transaction in the specific circumstances set out in the Agreement, any Transaction following such inaccuracy or mistake shall nonetheless remain valid and binding in all respects on both the Company and the Client.
37.2. The Company will not be held liable for any loss or damage or expense or loss incurred by the Client in relation to, or directly or indirectly arising from but not limited to:
(a) Any error or failure in the operation of the online trading system;
(b) Any delay caused by the client terminal;
(c) Transactions made via the client terminal or by telephone;
(d) Any failure by the company to perform any of its obligations under the agreement Agreement as a result of force majeure event or any other cause beyond its control;
(e) The acts, omissions or negligence of any third party;
(f) Any person obtaining the client’s access codes that the company has issued to the client prior to the client’s reporting to the company of the misuse of his access codes;
(g) All orders given through and under the client’s access data;
(h) Unauthorized third persons having access to information, including electronic addresses, electronic communication, personal data and access data when the above are transmitted between the parties or any other party, using the internet or other network communication facilities, post, telephone, or any other electronic means;
(i) A delay transmitting any order for execution;
(j) The solvency, acts or omissions of any third party referred to in this clause 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.
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 for such.
37.4. The Company shall in no circumstances be liable to the Client for any 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 or expenses the Client may suffer in relation to the Agreement.
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 by any court of law and/or regulatory body.
00.0. Xxxxxxx operations using additional functions of the Client 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 1 contract
Samples: CFDS Client Agreement
Limitations of Liability and Indemnity. 37.1. 37.1 In the event the Company provides information, recommendations, news, information relating to transactions, market commentary or research to the Client or the persons the Client has notified to the Company in writing to be authorized person(s) (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise), the Company shall not, in the absence of its fraud, wilful Willful default or gross negligence, be liable for any losses, costs, expenses or damages suffered by the Client arising from any inaccuracy or mistake in any such information given. Subject to the right of the Company to void or close any Transaction in the specific circumstances set out the Agreement, any Transaction following such inaccuracy or mistake shall nonetheless remain valid and binding in all respects on both the Company and the Client.
37.2. 37.2 The Company will not be held liable for any loss or damage or expense or loss incurred by the Client in relation to, or directly or indirectly arising from but not limited to:
(a) Any error or failure in the operation of the online trading system;.
(b) Any delay caused by the client terminal;.
(c) Transactions made via the client terminal or by telephone;terminal.
(d) Any failure by the company to perform any of its obligations under the agreement as a result of force majeure event or any other cause beyond its control;.
(e) The acts, omissions 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 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 facilitiesFacilities, 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 cfd’s 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 for such.
37.4 The Company shall in no circumstances be liable to the Client for any 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 or expenses the Client may suffer in relation to the Agreement.
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 by any court of law and/or regulatory body.
37.7 Trading operations using additional functions of the Client 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 1 contract
Samples: Client Agreement
Limitations of Liability and Indemnity. 37.1. In the event the Company provides information, recommendations, news, information relating to transactions, market commentary or research to the Client or the persons the Client has notified to the Company in writing to be authorized person(s) (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise), the Company shall not, in the absence of its fraud, wilful default or gross negligence, be liable for any losses, costs, expenses or damages suffered by the Client arising from any inaccuracy or mistake in any such information given. Subject to the right of the Company to void or close any Transaction in the specific circumstances set out the Agreement, any Transaction following such inaccuracy or mistake shall nonetheless remain valid and binding in all respects on both the Company and the Client.
37.2. The Company will not be held liable for any loss or damage or expense or loss incurred by the Client in relation to, or directly or indirectly arising from but not limited to:
(a) Any error or failure in the operation of the online trading system;
(b) Any delay caused by the client terminal;
(c) Transactions made via the client terminal or by telephone;
(d) Any failure by the company to perform any of its obligations under the agreement as a result of force majeure event or any other cause beyond its control;
(e) The acts, omissions or negligence of any third party;
(f) Any person obtaining the client’s access codes that the company has issued to the client prior to the client’s reporting to the company of the misuse of his access codes;
(g) All orders given through and under the client’s access data;
(h) Unauthorized third persons having access to information, including electronic addresses, electronic communication, personal data and access data when the above are transmitted between the parties or any other party, using the internet or other network communication facilities, post, telephone, or any other electronic means;
(i) A delay transmitting any order for execution;
(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.
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 for such.
37.4. The Company shall in no circumstances be liable to the Client for any 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 or expenses the Client may suffer in relation to the Agreement.
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 by any court of law and/or regulatory body.
37.7. Trading operations using additional functions of the Client 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 1 contract
Samples: CFDS Client Agreement
Limitations of Liability and Indemnity. 37.1. In the event the Company provides information, recommendations, news, information relating to transactions, market commentary or research to the Client or the persons the Client has notified to the Company in writing to be authorized person(s) (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise), the Company shall not, in the absence of its fraud, wilful default or gross negligence, be liable for any losses, costs, expenses or damages suffered by the Client arising from any inaccuracy or mistake in any such information given. Subject to the right of the Company to void or close any Transaction in the specific circumstances set out the Agreement, any Transaction following such inaccuracy or mistake shall nonetheless remain valid and binding in all respects on both the Company and the Client.
37.2. The Company will not be held liable for any loss or damage or expense or loss incurred by the Client in relation to, or directly or indirectly arising from but not limited to:
(a) Any error or failure in the operation of the online trading system;
(b) Any delay caused by the client terminal;
(c) Transactions made via the client terminal or by telephone;
(d) Any failure by the company to perform any of its obligations under the agreement as a result of force majeure event or any other cause beyond its control;
(e) The acts, omissions or negligence of any third party;
(f) Any person obtaining the client’s access codes that the company has issued to the client prior to the client’s reporting to the company of the misuse of his access codes;
(g) All orders given through and under the client’s access data;
(h) Unauthorized third persons having access to information, including electronic addresses, electronic communication, personal data and access data when the above are transmitted between the parties or any other party, using the internet or other network communication facilities, post, telephone, or any other electronic means;
(i) A delay transmitting any order for execution;
(j) The solvency, acts or omissions of any third party referred to in this clause 26.6 and 26.7;
(k) If a situation of clause 26.8. Arises;
(l) Currency risk;
(m) Slippage;
(n) Any of the risks relating to CFD’s trading materialises;
(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 for such.
37.4. The Company shall in no circumstances be liable to the Client for any 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 or expenses the Client may suffer in relation to the Agreement.
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 by any court of law and/or regulatory body.
37.7. Trading operations using additional functions of the Client 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 1 contract
Samples: CFDS Client Agreement
Limitations of Liability and Indemnity. 37.138.1. In the event the Company provides information, recommendations, news, information relating to transactions, market commentary or research to the Client or the persons the Client has notified to the Company in writing to be authorized person(s) (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise), the Company shall not, in the absence of its fraud, wilful default or gross negligence, be liable for any losses, costs, expenses or damages suffered by the Client arising from any inaccuracy or mistake in any such information given. Subject to the right of the Company to void or close any Transaction in the specific circumstances set out the Agreement, any Transaction following such inaccuracy or mistake shall nonetheless remain valid and binding in all respects on both the Company and the Client.
37.238.2. The Company will not be held liable for any loss or damage or expense or loss incurred by the Client in relation to, or directly or indirectly arising from but not limited to:
(a) Any error or failure in the operation of the online trading system;
(b) Any delay caused by the client terminal;
(c) Transactions made via the client terminal or by telephone;
(d) Any failure by the company to perform any of its obligations under the agreement as a result of force majeure event or any other cause beyond its control;
(e) The acts, omissions or negligence of any third party;
(f) Any person obtaining the client’s access codes that the company has issued to the client prior to the client’s reporting to the company of the misuse of his access codes;
(g) All orders given through and under the client’s access data;
(h) Unauthorized third persons having access to information, including electronic addresses, electronic communication, personal data and access data when the above are transmitted between the parties or any other party, using the internet or other network communication facilities, post, telephone, or any other electronic means;
(i) A delay transmitting any order for execution;
j) The solvency, acts or omissions of any third party referred to in this clause 26.7;
k) If a situation of clause 26.8. Arises;
l) Currency risk; m) Slippage;
Appears in 1 contract
Samples: CFDS Client Agreement
Limitations of Liability and Indemnity. 37.1. 37.1 In the event the Company provides information, recommendations, news, information relating to transactions, market commentary or research to the Client or the persons the Client has notified to the Company in writing to be authorized person(s) (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise), the Company shall not, in the absence of its fraud, wilful Willful default or gross negligence, be liable for any losses, costs, expenses or damages suffered by the Client arising from any inaccuracy or mistake in any such information given. Subject to the right of the Company to void or close any Transaction in the specific circumstances set out the Agreement, any Transaction following such inaccuracy or mistake shall nonetheless remain valid and binding in all respects on both the Company and the Client.
37.2. 37.2 The Company will not be held liable for any loss or damage or expense or loss incurred by the Client in relation to, or directly or indirectly arising from but not limited to:
(a) Any error or failure in the operation of the online trading system;.
(b) Any delay caused by the client terminal;.
(c) Transactions made via the client terminal or by telephone;terminal.
(d) Any failure by the company to perform any of its obligations under the agreement as a result of force majeure event or any other cause beyond its control;.
(e) The acts, omissions 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 are given through and under the client’s access data;.
(h) Unauthorized third persons having access to information, including electronic addresses, electronic 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.
Appears in 1 contract
Samples: Client Agreement
Limitations of Liability and Indemnity. 37.139.1. In the event the Company provides information, recommendations, news, information relating to transactions, market commentary or research to the Client or the persons the Client has notified to the Company in writing to be authorized person(s) (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise), the Company shall not, in the absence of its fraud, wilful default or gross negligence, be liable for any losses, costs, expenses or damages suffered by the Client arising from any inaccuracy or mistake in any such information given. Subject to the right of the Company to void or close any Transaction in the specific circumstances set out the Agreement, any Transaction following such inaccuracy or mistake shall nonetheless remain valid and binding in all respects on both the Company and the Client.
37.239.2. The Company will not be held liable for any loss or damage or expense or loss incurred by the Client in relation to, or directly or indirectly arising from but not limited to:
(a) Any error or failure in the operation of the online trading system;
(b) Any delay caused by the client terminal;
(c) Transactions made via the client terminal or by telephone;
(d) Any failure by the company to perform any of its obligations under the agreement as a result of force majeure event or any other cause beyond its control;
(e) The acts, omissions or negligence of any third party;
(f) Any person obtaining the client’s access codes that the company has issued to the client prior to the client’s reporting to the company of the misuse of his access codes;
(g) All orders given through and under the client’s access data;
(h) Unauthorized third persons having access to information, including electronic addresses, electronic communication, personal data and access data when the above are transmitted between the parties or any other party, using the internet or other network communication facilities, post, telephone, or any other electronic means;
(i) A delay transmitting any order for execution;
(j) The solvency, acts or omissions of any third party referred to in this clause 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.
39.3. 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 for such.
39.4. The Company shall in no circumstances be liable to the Client for any 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 or expenses the Client may suffer in relation to the Agreement.
39.5. 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.
39.6. The Client agrees and acknowledges that being liable for his own costs/expenses, unless directed otherwise by any court of law and/or regulatory body.
39.7. Trading operations using additional functions of the Client 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.
39.8. 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 1 contract
Samples: CFDS Client Agreement
