Limitations of Liability and Indemnity. 26.1. The Company gives no warranty as to the performance and/or profitability of the Client’s trading decisions. 26.2. The Company shall not be liable for any act or omission or for the solvency of any bank, Execution Venue or liquidity provider or other third party which acts on behalf of the Client or with or through whom transactions on behalf of the Client are carried out. 26.3. The Company shall not be liable for any loss suffered by the Client in connection with the Services it provides to the Client under this Agreement unless such loss arises directly from the gross negligence or fraud of the Company. 26.4. It is provided that the Company shall not be liable to the Client or any other person for any consequential, circumstantial, special or indirect damages (including without prejudice to the generality of the aforementioned, loss of profit, loss of opportunity, commercial losses and damages) which are incurred by the Client in connection with this Agreement. 26.5. Subject to the terms of this Agreement and Applicable Regulation, the Client agrees that the Company’s maximum aggregate liability to the Client whether in contract, tort (including negligence) or otherwise shall not exceed the higher of the amount that would be recoverable by the Company under the Company’s professional indemnity insurance if the Client’s claim had been satisfied in full (less any amount, other than any excess payable by the Company under the terms of such insurance, that the Company is unable to recover through no fault of the Company). 26.6. The Client agrees with the Company (for the Company’s own benefit and for the benefit of any person who is or was a member, director, consultant or employee of the Company (each a ‘Connected Person’) that the Company shall alone be liable to the Client and that no Connected Person (such as director, employee or affiliate) will be personally liable to the Client (whether in contract, tort including negligence or otherwise). 26.7. Save in cases of gross negligence or fraud on the part of the Company, the Client shall indemnify and keep indemnified the Company and/or its directors and/or its employees and/or its representatives for any claim by third parties and/or for any loss, liability, costs or expenses which the Company or any third party may have incurred or paid in respect of any act or omission of the Client and/or its Authorized Representative / Attorney and/or due to the performance of the Agreement and/or the provision of any Services and/or the liquidation of any Financial Instruments of the Client in settlement of any claims of the Company. 26.8. The Company will not be held liable for any loss or damage or expense or loss incurred by the Client in relation to, or directly or indirectly arising from but not limited to: (a) Any error or failure or interruption or disconnection in the operation of the Platform(s), or any delay caused by the Client Terminal or Transactions made via the Client Terminal, any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high internet traffic demand, security breaches and unauthorized access, and other similar computer problems and defects. (b) Any failure by the Company to perform any of its obligations under the Agreement as a result of Force Majeure Event or any other cause beyond its control. (c) The acts, omissions or negligence of any third party. (d) Any person obtaining the Client’s Access Data that the Company has issued to the Client prior to the Client’s reporting to the Company of the misuse of his Access Data. (e) Unauthorized third persons having access to information, including electronic addresses, electronic communication, personal data and Access Data when the above are transmitted between the Parties or any other party, using the internet or other network communication facilities, post, telephone, or any other electronic means. (f) Any of the risks of the Risks Disclosure and Warnings Notice materializes. (g) Currency risk materializes. (h) Any changes in the rates of tax. (i) The occurrence of Slippage. (j) The Client relying on functions such as Trailing Stop, Expert Advisor and Stop Loss Orders. (k) Under abnormal Market Conditions. (l) Any acts or omissions (including negligence and fraud) of the Client and/or his Authorized Representative. (m) For the Client’s or his Authorized Representative’s trading decisions. (n) All Orders given through and under the Client’s Access Data. (o) The contents, correctness, accuracy and completeness of any communication spread by the use of the Platform(s). 26.9. In the event the Company provides information, recommendations, news, information relating to transactions, market commentary or research to the Client (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise), the Company shall not, in the absence of its fraud 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.
Appears in 15 contracts
Samples: Client Agreement, Client Agreement, Client Agreement
Limitations of Liability and Indemnity. 26.1. The Company gives no warranty as to the performance and/or profitability of the Client’s trading decisions.
26.2. The Company shall not be liable for any act or omission or for the solvency of any bank, Execution Venue or liquidity provider or other third party which acts on behalf of the Client or with or through whom transactions on behalf of the Client are carried out.
26.3. The Company shall not be liable for any loss suffered by the Client in connection with the Services it provides to the Client under this Agreement unless such loss arises directly from the gross negligence or fraud of the Company.
26.4. It is provided that the Company shall not be liable to the Client or any other person for any consequential, circumstantial, special or indirect damages (including without prejudice to the generality of the aforementioned, loss of profit, loss of opportunity, commercial losses and damages) which are incurred by the Client in connection with this Agreement.
26.5. Subject to the terms of this Agreement and Applicable Regulation, the Client agrees that the Company’s maximum aggregate liability to the Client whether in contract, tort (including negligence) or otherwise shall not exceed the higher of the amount that would be recoverable by the Company under the Company’s professional indemnity insurance if the Client’s claim had been satisfied in full (less any amount, other than any excess payable by the Company under the terms of such insurance, that the Company is unable to recover through no fault of the Company).
26.6. The Client agrees with the Company (for the Company’s own benefit and for the benefit of any person who is or was a member, director, consultant or employee of the Company (each a ‘Connected Person’) that the Company shall alone be liable to the Client and that no Connected Person (such as director, employee or affiliate) will be personally liable to the Client (whether in contract, tort including negligence or otherwise).
26.726.6. Save in cases of gross negligence or fraud on the part of the Company, the Client shall indemnify and keep indemnified the Company and/or its directors and/or its employees and/or its representatives for any claim by third parties and/or for any loss, liability, costs or expenses which the Company or any third party may have incurred or paid in respect of any act or omission of the Client and/or its Authorized Representative / Attorney and/or due to the performance of the Agreement and/or the provision of any Services and/or the liquidation of any Financial Instruments of the Client in settlement of any claims of the Company.
26.826.7. The Company will not be held liable for any loss or damage or expense or loss incurred by the Client in relation to, or directly or indirectly arising from but not limited to:
(a) Any error or failure or interruption or disconnection in the operation of the Platform(s), or any delay caused by the Client Terminal or Transactions made via the Client Terminal, any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high internet traffic demand, security breaches and unauthorized access, and other similar computer problems and defects.
(b) Any failure by the Company to perform any of its obligations under the Agreement as a result of Force Majeure Event or any other cause beyond its control.
(c) The acts, omissions or negligence of any third party.
(d) Any person obtaining the Client’s Access Data that the Company has issued to the Client prior to the Client’s reporting to the Company of the misuse of his Access Data.
(e) Unauthorized third persons having access to information, including electronic addresses, electronic communication, personal data and Access Data when the above are transmitted between the Parties or any other party, using the internet or other network communication facilities, post, telephone, or any other electronic means.
(f) Any of the risks of the Risks Disclosure and Warnings Notice materializes.
(g) Currency risk materializes.
(h) Any changes in the rates of tax.
(i) The occurrence of Slippage.
(j) The Client relying on functions such as Trailing Stop, Expert Advisor and Stop Loss Orders.
(k) Under abnormal Market Conditions.
(l) . Any acts or omissions (including negligence and fraud) of the Client and/or his Authorized Representative.
(ml) For the Client’s or his Authorized Representative’s trading decisions.
(nm) All Orders given through and under the Client’s Access Data.
(on) The contents, correctness, accuracy and completeness of any communication spread by the use of the Platform(s).
26.926.8. In the event the Company provides information, recommendations, news, information relating to transactions, market commentary or research to the Client (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise), the Company shall not, in the absence of its fraud 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.
Appears in 7 contracts
Samples: Client Agreement, Client Agreement, Client Agreement
Limitations of Liability and Indemnity. 26.130.1. The Company gives no warranty as to the performance and/or profitability of the Client’s trading decisions.
26.2. The decisions and therefore, the Company shall not be liable for any act or omission or for the solvency of any counterparty, bank, Execution Venue or custodian, liquidity provider or other third party party, which acts on behalf of the Client or with or through whom transactions on behalf of the Client are carried out.
26.330.2. The Company shall not be liable for any loss suffered by the Client in connection with the Services it provides to the Client under this Agreement Agreement, unless such loss arises directly from the gross negligence negligence, willful default, or fraud of the Company.
26.430.3. It is provided Both Parties hereby agree that the Company shall not be liable to the Client or any other person for any consequential, circumstantial, special special, or indirect damages (including without prejudice to the generality of the aforementioned, aforementioned loss of profit, loss of opportunity, commercial losses and damages) which are incurred by the Client in connection with this Agreement.
26.530.4. Subject to the terms of this Agreement and Applicable Regulation, the Client agrees that the Company’s maximum aggregate liability to the Client whether in contract, tort (including negligence) or otherwise shall not exceed the higher of the amount that would be recoverable by the Company under the Company’s professional indemnity insurance if the Client’s claim had been satisfied in full (less any amount, other than any excess payable by the Company under the terms of such insurance, that the Company is unable to recover through no fault of the Company).
26.630.5. The Client agrees with the Company (for the Company’s own benefit and for the benefit of any person who is or was a member, director, consultant or employee of the Company (Company, each may be referred to as a ‘Connected Person’) ; that the Company shall alone be liable to the Client and that no Connected Person (such as director, employee or affiliate) will be personally liable to the Client (whether in contract, tort including negligence or otherwise).
26.730.6. Save in cases of gross negligence negligence, wilful default or fraud on the part of the Company, the Client shall indemnify and keep indemnified the Company and/or its directors and/or its employees and/or its representatives for any claim by third parties and/or for any loss, liability, costs or expenses which the Company or any third party may have incurred or paid in respect of any act or omission of the Client and/or its Authorized Authorised Representative / Attorney and/or due to the performance of the Agreement and/or the provision of any Services and/or the liquidation of any Financial Instruments of the Client in settlement of any claims of the Company.
26.8. The Company will not be held liable for any loss or damage or expense or loss incurred by the Client in relation to, or directly or indirectly arising from but not limited to:
(a) Any error or failure or interruption or disconnection in the operation of the Platform(s), or any delay caused by the Client Terminal or Transactions made via the Client Terminal, any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high internet traffic demand, security breaches and unauthorized access, and other similar computer problems and defects.
(b) Any failure by the Company to perform any of its obligations under the Agreement as a result of Force Majeure Event or any other cause beyond its control.
(c) The acts, omissions or negligence of any third party.
(d) Any person obtaining the Client’s Access Data that the Company has issued to the Client prior to the Client’s reporting to the Company of the misuse of his Access Data.
(e) Unauthorized third persons having access to information, including electronic addresses, electronic communication, personal data and Access Data when the above are transmitted between the Parties or any other party, using the internet or other network communication facilities, post, telephone, or any other electronic means.
(f) Any of the risks of the Risks Disclosure and Warnings Notice materializes.
(g) Currency risk materializes.
(h) Any changes in the rates of tax.
(i) The occurrence of Slippage.
(j) The Client relying on functions such as Trailing Stop, Expert Advisor and Stop Loss Orders.
(k) Under abnormal Market Conditions.
(l) Any acts or omissions (including negligence and fraud) of the Client and/or his Authorized Representative.
(m) For the Client’s or his Authorized Representative’s trading decisions.
(n) All Orders given through and under the Client’s Access Data.
(o) The contents, correctness, accuracy and completeness of any communication spread by the use of the Platform(s).
26.9. In the event the Company provides information, recommendations, news, information relating to transactions, market commentary or research to the Client (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise), the Company shall not, in the absence of its fraud 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.
Appears in 3 contracts
Samples: Client Agreement, Client Agreement, Client Agreement
Limitations of Liability and Indemnity. 26.128.1. The Company gives no warranty as to the performance and/or profitability of the Client’s trading decisions.
26.228.2. The Company shall not be liable for any act or omission or for the solvency of any bank, Execution Venue or liquidity provider or other third party which acts on behalf of the Client or with or through whom transactions on behalf of the Client are carried out.
26.328.3. The Company shall not be liable for any loss suffered by the Client in connection with the Services it provides to the Client under this Agreement unless such loss arises directly from the gross negligence negligence, willful default or fraud of the Company.
26.428.4. It is provided that the Company shall not be liable to the Client or any other person for any consequential, circumstantial, special or indirect damages (including without prejudice to the generality of the aforementioned, loss of profit, loss of opportunity, commercial losses and damages) which are incurred by the Client in connection with this Agreement.
26.528.5. Subject to the terms of this Agreement and Applicable Regulation, the Client agrees that the Company’s maximum aggregate liability to the Client whether in contract, tort (including negligence) or otherwise shall not exceed the higher of the amount that would be recoverable by the Company under the Company’s professional indemnity insurance if the Client’s claim had been satisfied in full (less any amount, other than any excess payable by the Company under the terms of such insurance, that the Company is unable to recover through no fault of the Company).
26.628.6. The Client agrees with the Company (for the Company’s own benefit and for the benefit of any person who is or was a member, director, consultant or employee of the Company (each a ‘Connected Person’) that the Company shall alone be liable to the Client and that no Connected Person (such as director, employee or affiliate) will be personally liable to the Client (whether in contract, tort including negligence or otherwise).
26.728.7. Save in cases of gross negligence negligence, willful default or fraud on the part of the Company, the Client shall indemnify and keep indemnified the Company and/or its directors and/or its employees and/or its representatives for any claim by third parties and/or for any loss, liability, costs or expenses which the Company or any third party may have incurred or paid in respect of any act or omission of the Client and/or its Authorized Authorised Representative / Attorney and/or due to the performance of the Agreement and/or the provision of any Services and/or the liquidation of any Financial Instruments of the Client in settlement of any claims of the Company.
26.828.8. The Company will not be held liable for any loss or damage or expense or loss incurred by the Client in relation to, or directly or indirectly arising from but not limited to:
(a) Any error or failure or interruption or disconnection in the operation of the Platform(s), or any delay caused by the Client Terminal or Transactions made via the Client Terminal, any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high internet traffic demand, security breaches and unauthorized access, and other similar computer problems and defects.
(b) Any failure by the Company to perform any of its obligations under the Agreement as a result of Force Majeure Event or any other cause beyond its control.
(c) The acts, omissions or negligence of any third party.
(d) Any person obtaining the Client’s Access Data that the Company has issued to the Client prior to the Client’s reporting to the Company of the misuse of his Access Data.
(e) Unauthorized third persons having access to information, including electronic addresses, electronic communication, personal data and Access Data when the above are transmitted between the Parties or any other party, using the internet or other network communication facilities, post, telephone, or any other electronic means.
(f) Any of the risks of the Risks Disclosure and Warnings Notice materializes.
(g) Currency risk materializes.
(h) Any changes in the rates of tax.
(i) The occurrence of Slippage.
(j) The Client relying on functions such as Trailing Stop, Expert Advisor and Stop Loss Orders.
(k) Under abnormal Market Conditions.
(l) Any acts or omissions (including negligence and fraud) of the Client and/or his Authorized Representative.
(m) For the Client’s or his Authorized Authorised Representative’s trading decisions.
(n) All Orders given through and under the Client’s Access Data.
(o) The contents, correctness, accuracy and completeness of any communication spread by the use of the Platform(s).
26.928.9. In the event the Company provides information, recommendations, news, information relating to transactions, market commentary or research to the Client (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise), the Company shall not, in the absence of its fraud 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.
Appears in 2 contracts
Samples: Client Agreement, Client Agreement
Limitations of Liability and Indemnity. 26.1. 29.1.1 The Company gives no warranty as to the performance and/or profitability of the Client’s trading decisions.
26.2. The Company decisions and therefore, we shall not be liable for any act or omission or for the solvency of any counterparty, bank, Execution Venue or custodian, liquidity provider or other third party party, which acts on behalf of the Client or with or through whom transactions on behalf of the Client are carried out.
26.3. 29.1.2 The Company shall not be liable for any loss suffered by the Client in connection with the Services it provides to the Client under this Agreement Agreement, unless such loss arises directly from the gross negligence negligence, wilful default or fraud of the Company.
26.4. It is provided 29.1.3 Both Parties hereby agree that the Company shall not be liable to the Client or any other person for any consequential, circumstantial, special or indirect damages (including without prejudice to the generality of the aforementioned, aforementioned loss of profit, loss of opportunity, commercial losses and damages) which are incurred by the Client in Clientin connection with this Agreement.
26.5. 29.1.4 Subject to the terms of this Agreement and Applicable Regulation, the Client agrees that the Company’s maximum aggregate liability to the Client whether in contract, tort (including negligence) or otherwise shall not exceed the higher of the amount that would be recoverable by the Company under the Company’s professional indemnity insurance if the Client’s claim had been satisfied in full (less any amount, other than any excess payable by the Company under the terms of such insurance, that the Company is unable to recover through no fault of the Company).
26.6. 29.1.5 The Client agrees with the Company (for the Company’s own benefit and for the benefit of any person who is or was a member, director, consultant or employee of the Company (Company, each may be referred to as a ‘Connected Person’) ; that the Company shall alone be liable to the Client and that no Connected Person (such as director, employee or affiliate) will be personally liable to the Client (whether in contract, tort including negligence or otherwise).
26.7. 29.1.6 Save in cases of gross negligence negligence, wilful default or fraud on the part of the Company, the Client shall indemnify and keep indemnified the Company and/or its directors and/or its employees and/or its representatives for any claim by third parties and/or for any loss, liability, costs or expenses which the Company or any third party may have incurred or paid in respect of any act or omission of the Client and/or its Authorized Authorised Representative / Attorney and/or due to the performance of the Agreement and/or the provision of any Services and/or the liquidation of any Financial Instruments of the Client in settlement of any claims of the Company.
26.8. 29.1.7 The Company will shall not be held liable for any loss or damage or expense or loss incurred suffered by the Client in relation toconnection with the Services it provides to the Client under this Agreement, unless such loss arises directly from the gross negligence, wilful default or directly or indirectly arising from but not limited to:
(a) Any error or failure or interruption or disconnection in the operation fraud of the Platform(s), Company.
29.1.8 Both Parties hereby agree that the Company shall not be liable to the Client or any delay caused other person for any consequential, circumstantial, special or indirect damages (including without prejudice to the generality of the aforementioned loss of profit, loss of opportunity, commercial losses and damages) which are incurred by the Client Terminal or Transactions made via Clientin connection with this Agreement.
29.1.9 Subject to the terms of this Agreement and Applicable Regulation, the Client Terminalagrees that the Company’s maximum aggregate liability to the Client whether in contract, any technical problems, system failures and malfunctions, communication line failures, equipment tort (including negligence) or software failures or malfunctions, system access issues, system capacity issues, high internet traffic demand, security breaches and unauthorized access, and other similar computer problems and defects.
(b) Any failure otherwise shall not exceed the higher of the amount that would be recoverable by the Company to perform any of its obligations under the Agreement as a result of Force Majeure Event or any other cause beyond its control.
(c) The acts, omissions or negligence of any third party.
(d) Any person obtaining Company’s professional indemnity insurance if the Client’s Access Data claim had been satisfied in full (less any amount, other than any excess payable by the Company under the terms of such insurance, that the Company has issued is unable to recover through no fault of the Company).
29.1.10 The Client agrees with the Company (for the Company’s own benefit and for the benefit of any person who is or was a member, director, consultant or employee of the Company, each may be referred to as a Connected Person; that the Company shall alone be liable to the Client prior and that no Connected Person (such as director, employee or affiliate) will be personally liable to the Client’s reporting to Client (whether in contract, tort including negligence or otherwise).
29.1.11 Save in cases of gross negligence, wilful default or fraud on the part of the Company, the Client shall indemnify and keep indemnified the Company of and/or its directors and/or its employees and/or its representatives for any claim by third parties and/or for any loss, liability, costs or expenses which the misuse of his Access Data.
(e) Unauthorized third persons having access to information, including electronic addresses, electronic communication, personal data and Access Data when the above are transmitted between the Parties Company or any other party, using the internet third party may have incurred or other network communication facilities, post, telephone, paid in respect of any act or any other electronic means.
(f) Any of the risks of the Risks Disclosure and Warnings Notice materializes.
(g) Currency risk materializes.
(h) Any changes in the rates of tax.
(i) The occurrence of Slippage.
(j) The Client relying on functions such as Trailing Stop, Expert Advisor and Stop Loss Orders.
(k) Under abnormal Market Conditions.
(l) Any acts or omissions (including negligence and fraud) omission of the Client and/or his Authorized Representative.
(m) For its Authorised Representative / Attorney and/or due to the Client’s or his Authorized Representative’s trading decisions.
(n) All Orders given through and under performance of the Client’s Access Data.
(o) The contents, correctness, accuracy and completeness Agreement and/or the provision of any communication spread by Services and/or the use liquidation of any Financial Instruments of the Platform(s)Client in settlement of any claims of the Company.
26.9. In the event the Company provides information, recommendations, news, information relating to transactions, market commentary or research to the Client (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise), the Company shall not, in the absence of its fraud 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.
Appears in 2 contracts
Samples: Client Agreement, Client Agreement
Limitations of Liability and Indemnity. 26.128.1. The Company gives no warranty as to the performance and/or profitability of the Client’s trading decisions.
26.228.2. The Company shall not be liable for any act or omission or for the solvency of any counterparty, bank, Execution Venue or custodian, liquidity provider or other third party which acts on behalf of the Client or with or through whom transactions on behalf of the Client are carried out.
26.328.3. The Company shall not be liable for any loss suffered by the Client in connection with the Services it provides to the Client under this Agreement unless such loss arises directly from the gross negligence negligence, wilful default or fraud of the Company.
26.428.4. It is provided that the Company shall not be liable to the Client or any other person for any consequential, circumstantial, special or indirect damages (including without prejudice to the generality of the aforementioned, loss of profit, loss of opportunity, commercial losses and damages) which are incurred by the Client in connection with this Agreement.
26.528.5. Subject to the terms of this Agreement and Applicable Regulation, the Client agrees that the Company’s maximum aggregate liability to the Client whether in contract, tort (including negligence) or otherwise shall not exceed the higher of the amount that would be recoverable by the Company under the Company’s professional indemnity insurance if the Client’s claim had been satisfied in full (less any amount, other than any excess payable by the Company under the terms of such insurance, that the Company is unable to recover through no fault of the Company).
26.628.6. The Client agrees with the Company (for the Company’s own benefit and for the benefit of any person who is or was a member, director, consultant or employee of the Company (each a ‘Connected Person’) that the Company shall alone be liable to the Client and that no Connected Person (such as director, employee or affiliate) will be personally liable to the Client (whether in contract, tort including negligence or otherwise).
26.728.7. Save in cases of gross negligence negligence, wilful default or fraud on the part of the Company, the Client shall indemnify and keep indemnified the Company and/or its directors and/or its employees and/or its representatives for any claim by third parties and/or for any loss, liability, costs or expenses which the Company or any third party may have incurred or paid in respect of any act or omission of the Client and/or its Authorized Authorised Representative / Attorney and/or due to the performance of the Agreement and/or the provision of any Services and/or the liquidation of any Financial Instruments of the Client in settlement of any claims of the Company.
26.828.8. The Company will not be held liable for any loss or damage or expense or loss incurred by the Client in relation to, or directly or indirectly arising from but not limited to:
(a) Any error or failure or interruption or disconnection in the operation of the Platform(s), or any delay caused by the Client Terminal or Transactions made via the Client Terminal, any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high internet traffic demand, security breaches and unauthorized access, and other similar computer problems and defects.
(b) Any failure by the Company to perform any of its obligations under the Agreement as a result of Force Majeure Event or any other cause beyond its control.
(c) The acts, omissions or negligence of any third party.
(d) Any person obtaining the Client’s Access Data that the Company has issued to the Client prior to the Client’s reporting to the Company of the misuse of his Access Data.
(e) Unauthorized third persons having access to information, including electronic addresses, electronic communication, personal data and Access Data when the above are transmitted between the Parties or any other party, using the internet or other network communication facilities, post, telephone, or any other electronic means.
(f) Any of the risks of the Risks Disclosure and Warnings Notice materializes.
(g) Currency risk materializesmaterialises.
(h) Any changes in the rates of tax.
(i) The occurrence of Slippage.
(j) The Client relying on functions such as Trailing Stop, Expert Advisor and Stop Loss Orders.
(k) Under abnormal Market Conditions.
(l) Any acts or omissions (including negligence and fraud) of the Client and/or his Authorized Representative.
(m) For the Client’s or his Authorized Authorised Representative’s trading decisions.
(n) All Orders given through and under the Client’s Access Data.
(o) The contents, correctness, accuracy and completeness of any communication spread by the use of the Platform(s).
26.9(p) As a result of the Client engaging in Social Trading (if applicable).
(q) As a result of Company’s actions/measures according to this Client Agreement (i.e. according to paragraph 3.2 or paragraph 14.2 of this Client Agreement)
(r) Any (technical) fault of the Platform in connection with a software/system (i. g. Expert Advisor) used by the Client.
(s) Any use of a software/system (i. g. Expert Advisor) by the Client in connection with the Platform.
28.9. In the event the Company provides information, recommendations, news, information relating to transactions, market commentary or research to the Client (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise), the Company shall not, in the absence of its fraud 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.
Appears in 2 contracts
Samples: Client Agreement, Client Agreement
Limitations of Liability and Indemnity. 26.128.1. The Company gives no warranty as to the performance and/or profitability of the Client’s trading decisions.
26.228.2. The Company shall not be liable for any act or omission or for the solvency of any bank, Execution Venue or liquidity provider or other third party which acts on behalf of the Client or with or through whom transactions on behalf of the Client are carried out.
26.328.3. The Company shall not be liable for any loss suffered by the Client in connection with the Services it provides to the Client under this Agreement unless such loss arises directly from the gross negligence or fraud of the Company.
26.428.4. It is provided that the Company shall not be liable to the Client or any other person for any consequential, circumstantial, special or indirect damages (including without prejudice to the generality of the aforementioned, loss of profit, loss of opportunity, commercial losses and damages) which are incurred by the Client in connection with this Agreement.
26.528.5. Subject to the terms of this Agreement and Applicable Regulation, the Client agrees that the Company’s maximum aggregate liability to the Client whether in contract, tort (including negligence) or otherwise shall not exceed the higher of the amount that would be recoverable by the Company under the Company’s professional indemnity insurance if the Client’s claim had been satisfied in full (less any amount, other than any excess payable by the Company under the terms of such insurance, that the Company is unable to recover through no fault of the Company).
26.628.6. The Client agrees with the Company (for the Company’s own benefit and for the benefit of any person who is or was a member, director, consultant or employee of the Company (each a ‘Connected Person’) that the Company shall alone be liable to the Client and that no Connected Person (such as director, employee or affiliate) will be personally liable to the Client (whether in contract, tort including negligence or otherwise).
26.728.7. Save in cases of gross negligence or fraud on the part of the Company, the Client shall indemnify and keep indemnified the Company and/or its directors and/or its employees and/or its representatives for any claim by third parties and/or for any loss, liability, costs or expenses which the Company or any third party may have incurred or paid in respect of any act or omission of the Client and/or its Authorized Authorised Representative / Attorney and/or due to the performance of the Agreement and/or the provision of any Services and/or the liquidation of any Financial Instruments of the Client in settlement of any claims of the Company.
26.828.8. The Company will not be held liable for any loss or damage or expense or loss incurred by the Client in relation to, or directly or indirectly arising from but not limited to:
(a) Any error or failure or interruption or disconnection in the operation of the Platform(s), or any delay caused by the Client Terminal or Transactions made via the Client Terminal, any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high internet traffic demand, security breaches and unauthorized access, and other similar computer problems and defects.
(b) Any failure by the Company to perform any of its obligations under the Agreement as a result of Force Majeure Event or any other cause beyond its control.
(c) The acts, omissions or negligence of any third party.
(d) Any person obtaining the Client’s Access Data that the Company has issued to the Client prior to the Client’s reporting to the Company of the misuse of his Access Data.
(e) Unauthorized third persons having access to information, including electronic addresses, electronic communication, personal data and Access Data when the above are transmitted between the Parties or any other party, using the internet or other network communication facilities, post, telephone, or any other electronic means.
(f) Any of the risks of the Risks Disclosure and Warnings Notice materializes.
(g) Currency risk materializes.
(h) Any changes in the rates of tax.
(i) The occurrence of Slippage.
(j) The Client relying on functions such as Trailing Stop, Expert Advisor and Stop Loss Orders.
(k) Under abnormal Market Conditions.
(l) Any acts or omissions (including negligence and fraud) of the Client and/or his Authorized Representative.
(m) For the Client’s or his Authorized Authorised Representative’s trading decisions.
(n) All Orders given through and under the Client’s Access Data.
(o) The contents, correctness, accuracy and completeness of any communication spread by the use of the Platform(s).
26.928.9. In the event the Company provides information, recommendations, news, information relating to transactions, market commentary or research to the Client (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise), the Company shall not, in the absence of its fraud 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.
Appears in 2 contracts
Samples: Client Agreement, Client Agreement
Limitations of Liability and Indemnity. 26.128.1. The Company gives no warranty as to the performance and/or profitability of the Client’s trading decisions.
26.228.2. The Company shall not be liable for any act or omission or for the solvency of any bank, Execution Venue or liquidity provider or other third party which acts on behalf of the Client or with or through whom transactions on behalf of the Client are carried out.
26.328.3. The Company shall not be liable for any loss suffered by the Client in connection with the Services it provides to the Client under this Agreement unless such loss arises directly from the gross negligence negligence, wilful default or fraud of the Company.
26.428.4. It is provided that the Company shall not be liable to the Client or any other person for any consequential, circumstantial, special or indirect damages (including without prejudice to the generality of the aforementioned, loss of profit, loss of opportunity, commercial losses and damages) which are incurred by the Client in connection with this Agreement.
26.528.5. Subject to the terms of this Agreement and Applicable Regulation, the Client agrees that the Company’s maximum aggregate liability to the Client whether in contract, tort (including negligence) or otherwise shall not exceed the higher of the amount that would be recoverable by the Company under the Company’s professional indemnity insurance if the Client’s claim had been satisfied in full (less any amount, other than any excess payable by the Company under the terms of such insurance, that the Company is unable to recover through no fault of the Company).
26.628.6. The Client agrees with the Company (for the Company’s own benefit and for the benefit of any person who is or was a member, director, consultant or employee of the Company (each a ‘Connected Person’) that the Company shall alone be liable to the Client and that no Connected Person (such as director, employee or affiliate) will be personally liable to the Client (whether in contract, tort including negligence or otherwise).
26.728.7. Save in cases of gross negligence negligence, wilful default or fraud on the part of the Company, the Client shall indemnify and keep indemnified the Company and/or its directors and/or its employees and/or its representatives for any claim by third parties and/or for any loss, liability, costs or expenses which the Company or any third party may have incurred or paid in respect of any act or omission of the Client and/or its Authorized Authorised Representative / Attorney and/or due to the performance of the Agreement and/or the provision of any Services and/or the liquidation of any Financial Instruments of the Client in settlement of any claims of the Company.
26.828.8. The Company will not be held liable for any loss or damage or expense or loss incurred by the Client in relation to, or directly or indirectly arising from but not limited to:
(a) Any error or failure or interruption or disconnection in the operation of the Platform(s), or any delay caused by the Client Terminal or Transactions made via the Client Terminal, any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high internet traffic demand, security breaches and unauthorized access, and other similar computer problems and defects.
(b) Any failure by the Company to perform any of its obligations under the Agreement as a result of Force Majeure Event or any other cause beyond its control.
(c) The acts, omissions or negligence of any third party.
(d) Any person obtaining the Client’s Access Data that the Company has issued to the Client prior to the Client’s reporting to the Company of the misuse of his Access Data.
(e) Unauthorized third persons having access to information, including electronic addresses, electronic communication, personal data and Access Data when the above are transmitted between the Parties or any other party, using the internet or other network communication facilities, post, telephone, or any other electronic means.
(f) Any of the risks of the Risks Disclosure and Warnings Notice materializes.
(g) Currency risk materializes.
(h) Any changes in the rates of tax.
(i) The occurrence of Slippage.
(j) The Client relying on functions such as Trailing Stop, Expert Advisor and Stop Loss Orders.
(k) Under abnormal Market Conditions.
(l) Any acts or omissions (including negligence and fraud) of the Client and/or his Authorized Representative.
(m) For the Client’s or his Authorized Authorised Representative’s trading decisions.
(n) All Orders given through and under the Client’s Access Data.
(o) The contents, correctness, accuracy and completeness of any communication spread by the use of the Platform(s).
26.9(p) As a result of the Client engaging in Social Trading (if applicable).
28.9. In the event the Company provides information, recommendations, news, information relating to transactions, market commentary or research to the Client (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise), the Company shall not, in the absence of its fraud 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.
Appears in 2 contracts
Samples: Client Agreement, Client Agreement
Limitations of Liability and Indemnity. 26.127.1. The Company gives no warranty as to the performance and/or profitability of the Client’s trading decisions.
26.227.2. The Company shall not be liable for any act or omission or for the solvency of any bank, Execution Venue or liquidity provider or other third party which acts on behalf of the Client or with or through whom transactions on behalf of the Client are carried out.
26.327.3. The Company shall not be liable for any loss suffered by the Client in connection with the Services it provides to the Client under this Agreement unless such loss arises directly from the gross negligence negligence, willful default or fraud of the Company.
26.427.4. It is provided that the Company shall not be liable to the Client or any other person for any consequential, circumstantial, special or indirect damages (including without prejudice to the generality of the aforementioned, loss of profit, loss of opportunity, commercial losses and damages) which are incurred by the Client in connection with this Agreement.
26.527.5. Subject to the terms of this Agreement and Applicable Regulation, the Client agrees that the Company’s maximum aggregate liability to the Client whether in contract, tort (including negligence) or otherwise shall not exceed the higher of the amount that would be recoverable by the Company under the Company’s professional indemnity insurance if the Client’s claim had been satisfied in full (less any amount, other than any excess payable by the Company under the terms of such insurance, that the Company is unable to recover through no fault of the Company).
26.627.6. The Client agrees with the Company (for the Company’s own benefit and for the benefit of any person who is or was a member, director, consultant or employee of the Company (each a ‘Connected Person’) that the Company shall alone be liable to the Client and that no Connected Person (such as director, employee or affiliate) will be personally liable to the Client (whether in contract, tort including negligence or otherwise).
26.727.7. Save in cases of gross negligence negligence, willful default or fraud on the part of the Company, the Client shall indemnify and keep indemnified the Company and/or its directors and/or its employees and/or its representatives for any claim by third parties and/or for any loss, liability, costs or expenses which the Company or any third party may have incurred or paid in respect of any act or omission of the Client and/or its Authorized Authorised Representative / Attorney and/or due to the performance of the Agreement and/or the provision of any Services and/or the liquidation of any Financial Instruments of the Client in settlement of any claims of the Company.
26.827.8. The Company will not be held liable for any loss or damage or expense or loss incurred by the Client in relation to, or directly or indirectly arising from but not limited to:
(a) Any error or failure or interruption or disconnection in the operation of the Platform(s), or any delay caused by the Client Terminal or Transactions made via the Client Terminal, any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high internet traffic demand, security breaches and unauthorized access, and other similar computer problems and defects.
(b) Any failure by the Company to perform any of its obligations under the Agreement as a result of Force Majeure Event or any other cause beyond its control.
(c) The acts, omissions or negligence of any third party.
(d) Any person obtaining the Client’s Access Data that the Company has issued to the Client prior to the Client’s reporting to the Company of the misuse of his Access Data.
(e) Unauthorized third persons having access to information, including electronic addresses, electronic communication, personal data and Access Data when the above are transmitted between the Parties or any other party, using the internet or other network communication facilities, post, telephone, or any other electronic means.
(f) Any of the risks of the Risks Disclosure and Warnings Notice materializes.
(g) Currency risk materializes.
(h) Any changes in the rates of tax.
(i) The occurrence of Slippage.
(j) The Client relying on functions such as Trailing Stop, Expert Advisor and Stop Loss Orders.
(k) Under abnormal Market Conditions.
(l) Any acts or omissions (including negligence and fraud) of the Client and/or his Authorized Representative.
(m) For the Client’s or his Authorized Authorised Representative’s trading decisions.
(n) All Orders given through and under the Client’s Access Data.
(o) The contents, correctness, accuracy and completeness of any communication spread by the use of the Platform(s).
26.927.9. In the event the Company provides information, recommendations, news, information relating to transactions, market commentary or research to the Client (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise), the Company shall not, in the absence of its fraud 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.
Appears in 1 contract
Samples: Client Agreement
Limitations of Liability and Indemnity. 26.129.1.1. The Company gives no warranty as to the performance and/or profitability of the Client’s trading decisions.
26.2. The Company decisions and therefore, we shall not be liable for any act or omission or for the solvency of any counterparty, bank, Execution Venue or custodian, liquidity provider or other third party party, which acts on behalf of the Client or with or through whom transactions on behalf of the Client are carried out.
26.329.1.2. The Company shall not be liable for any loss suffered by the Client in connection with the Services it provides to the Client under this Agreement Agreement, unless such loss arises directly from the gross negligence negligence, willful default or fraud of the Company.
26.429.1.3. It is provided Both Parties hereby agree that the Company shall not be liable to the Client or any other person for any consequential, circumstantial, special or indirect damages (including without prejudice to the generality of the aforementioned, aforementioned loss of profit, loss of opportunity, commercial losses and damages) which are incurred by the Client in connection with this Agreement.
26.529.1.4. Subject to the terms of this Agreement and Applicable Regulation, the Client agrees that the Company’s maximum aggregate liability to the Client whether in contract, tort (including negligence) or otherwise shall not exceed the higher of the amount that would be recoverable by the Company under the Company’s professional indemnity insurance if the Client’s claim had been satisfied in full (less any amount, other than any excess payable by the Company under the terms of such insurance, that the Company is unable to recover through no fault of the Company).
26.629.1.5. The Client agrees with the Company (for the Company’s own benefit and for the benefit of any person who is or was a member, director, consultant or employee of the Company (Company, each may be referred to as a ‘Connected Person’) ; that the Company shall alone be liable to the Client and that no Connected Person (such as director, employee or affiliate) will be personally liable to the Client (whether in contract, tort including negligence or otherwise).
26.729.1.6. Save in cases of gross negligence negligence, willful default or fraud on the part of the Company, the Client shall indemnify and keep indemnified the Company and/or its directors and/or its employees and/or its representatives for any claim by third parties and/or for any loss, liability, costs or expenses which the Company or any third party may have incurred or paid in respect of any act or omission of the Client and/or its Authorized Authorised Representative / Attorney and/or due to the performance of the Agreement and/or the provision of any Services and/or the liquidation of any Financial Instruments of the Client in settlement of any claims of the Company.
26.829.1.7. The Company will shall not be held liable for any loss suffered by the Client in connection with the Services it provides to the Client under this Agreement, unless such loss arises directly from the gross negligence, willful default or damage fraud of the Company.
29.1.8. Both Parties hereby agree that the Company shall not be liable to the Client or expense any other person for any consequential, circumstantial, special or indirect damages (including without prejudice to the generality of the aforementioned loss of profit, loss of opportunity, commercial losses and damages) which are incurred by the Client in relation toconnection with this Agreement.
29.1.9. Subject to the terms of this Agreement and Applicable Regulation, the Client agrees that the Company’s maximum aggregate liability to the Client whether in contract, tort (including negligence) or directly or indirectly arising from but otherwise shall not limited to:
(a) Any error or failure or interruption or disconnection in exceed the operation higher of the Platform(s), or any delay caused by the Client Terminal or Transactions made via the Client Terminal, any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high internet traffic demand, security breaches and unauthorized access, and other similar computer problems and defects.
(b) Any failure amount that would be recoverable by the Company to perform any of its obligations under the Agreement as a result of Force Majeure Event or any other cause beyond its control.
(c) The acts, omissions or negligence of any third party.
(d) Any person obtaining Company’s professional indemnity insurance if the Client’s Access Data claim had been satisfied in full (less any amount, other than any excess payable by the Company under the terms of such insurance, that the Company has issued is unable to recover through no fault of the Company).
29.1.10. The Client agrees with the Company (for the Company’s own benefit and for the benefit of any person who is or was a member, director, consultant or employee of the Company, each may be referred to as a Connected Person; that the Company shall alone be liable to the Client prior and that no Connected Person (such as director, employee or affiliate) will be personally liable to the Client’s reporting to Client (whether in contract, tort including negligence or otherwise).
29.1.11. Save in cases of gross negligence, willful default or fraud on the part of the Company, the Client shall indemnify and keep indemnified the Company of and/or its directors and/or its employees and/or its representatives for any claim by third parties and/or for any loss, liability, costs or expenses which the misuse of his Access Data.
(e) Unauthorized third persons having access to information, including electronic addresses, electronic communication, personal data and Access Data when the above are transmitted between the Parties Company or any other party, using the internet third party may have incurred or other network communication facilities, post, telephone, paid in respect of any act or any other electronic means.
(f) Any of the risks of the Risks Disclosure and Warnings Notice materializes.
(g) Currency risk materializes.
(h) Any changes in the rates of tax.
(i) The occurrence of Slippage.
(j) The Client relying on functions such as Trailing Stop, Expert Advisor and Stop Loss Orders.
(k) Under abnormal Market Conditions.
(l) Any acts or omissions (including negligence and fraud) omission of the Client and/or his Authorized Representative.
(m) For its Authorised Representative / Attorney and/or due to the Client’s or his Authorized Representative’s trading decisions.
(n) All Orders given through and under performance of the Client’s Access Data.
(o) The contents, correctness, accuracy and completeness Agreement and/or the provision of any communication spread by Services and/or the use liquidation of any Financial Instruments of the Platform(s)Client in settlement of any claims of the Company.
26.9. In the event the Company provides information, recommendations, news, information relating to transactions, market commentary or research to the Client (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise), the Company shall not, in the absence of its fraud 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.
Appears in 1 contract
Samples: Client Agreement
Limitations of Liability and Indemnity. 26.1. The Company gives no warranty as to the performance and/or profitability of the ofthe Client’s trading decisions.
26.2. The Company shall not be liable for any act or omission or for the solvency of any bankanybank, Execution Venue or liquidity provider or other third party which acts on behalf of the Client or with or through whom transactions on behalf of the Client are carried out.
26.3. The Company shall not be liable for any loss suffered by the Client in connection with the Services it provides to the Client under this Agreement unless such loss arises directly from the gross negligence or fraud of the Company.
26.4. It is provided that the Company shall not be liable to the Client or any other person for personfor any consequential, circumstantial, special or indirect damages (including without prejudice to the generality of the aforementioned, loss of profit, loss of opportunity, commercial losses and damages) which are incurred by the Client in connection with this Agreement.
26.5. Subject to the terms of this Agreement and Applicable Regulation, the Client agrees that the Company’s maximum aggregate liability to the Client whether in contract, tort (including negligence) or otherwise shall not exceed the higher of the amount that would be recoverable by the Company under the Company’s professional indemnity insurance if the Client’s claim had been satisfied in full (less any amount, other than any excess payable by the Company under the terms of such insurance, that the Company is unable to recover through no fault of the Company).
26.6. The Client agrees with the Company (for the Company’s own benefit and for the benefit of any person who is or was a member, director, consultant or employee of the Company (each a ‘Connected Person’) that the Company shall alone be liable to the Client and that no Connected Person (such as director, employee or affiliate) will be personally liable to the Client (whether in contract, tort including negligence or otherwise).
26.726.6. Save in cases of gross negligence or fraud on the part of the Company, the Client shall indemnify and keep indemnified the Company and/or its directors and/or its employees and/or its representatives for any claim by third parties and/or for any loss, liability, costs or expenses which the Company or any third party may have incurred or paid in respect of any act or omission of the Client and/or its Authorized Representative / Attorney and/or due to the performance theperformance of the Agreement and/or the provision of any Services and/or the liquidation of any Financial Instruments of the Client in settlement of any claims of the Company.
26.826.7. The Company will not be held liable for any loss or damage or expense or loss incurred lossincurred by the Client in relation to, or directly or indirectly arising from but not limited to:
(a) Any error or failure or interruption or disconnection in the operation of the Platform(s), or any delay caused by the Client Terminal or Transactions made via the Client Terminal, any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high internet traffic demand, security breaches and unauthorized access, and other similar computer problems and defects.
(b) Any failure by the Company to perform any of its obligations under the Agreement as a result asaresult of Force Majeure Event or any other cause beyond its control.
(c) The acts, omissions or negligence of any third party.
(d) Any person obtaining the Client’s Access Data that the Company has issued to the Client prior Clientprior to the Client’s reporting to the Company of the misuse of his Access Data.
(e) Unauthorized third persons having access to information, including electronic addresses, ,electronic communication, personal data and Access Data when the above are transmitted between the Parties or any other party, using the internet or other network othernetwork communication facilities, post, telephone, or any other electronic means.
(f) Any of the risks of the Risks Disclosure and Warnings Notice materializes.
(g) Currency risk materializes.
(h) Any changes in the rates of tax.
(i) The occurrence of Slippage.
(j) The Client relying on functions such as Trailing Stop, Expert Advisor and Stop Loss OrdersLossOrders.
(k) Under abnormal Market Conditions.
(l) . Any acts or omissions (including negligence and fraud) of the Client and/or his Authorized Representative.
(ml) For the Client’s or his Authorized Representative’s trading decisions.
(nm) All Orders given through and under the Client’s Access Data.
(on) The contents, correctness, accuracy and completeness of any communication spread by spreadby the use of the Platform(s).
26.926.8. In the event the Company provides information, recommendations, news, information relating to transactions, market commentary or research to the Client (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise), the Company shall not, in the absence of its fraud or gross negligence, be liable for any losses, costs, expenses or damages suffered by the Client arising from any inaccuracy or inaccuracyor mistake in any such information given.
Appears in 1 contract
Samples: Client Agreement
Limitations of Liability and Indemnity. 26.129.1.1. The Company gives no warranty as to the performance and/or profitability of the Client’s trading decisions.
26.2. The Company ttrhadeing decisions and therefore, we shall not be liable for any act or omission or for the solvency of any counterparty, bank, Execution Venue or custodian, liquidity provider or other third party party, which acts on behalf of the Client or with or through whom transactions on behalf of the Client are carried out.
26.329.1.2. The Company shall not be liable for any loss suffered by the Client in connection with the Services perfo it provides to the Client under this Agreement Agreement, unless such loss arises directly from the gross negligence negligence, willful default or fraud of the Company.
26.429.1.3. It is provided Both Parties hereby agree that the Company shall not be liable to the Client or any other person for any consequential, circumstantial, special or indirect damages (including without prejudice to the generality of the aforementioned, aforementioned loss of profit, loss of opportunity, commercial losses and damages) which are incurred by the Client in connection with this Agreement.
26.529.1.4. Subject to the terms of this Agreement and Applicable Regulation, the Client agrees that the Company’s maximum aggregate liability to the Client whether in contract, tort (including negligence) or otherwise shall not exceed the higher of the amount that would be recoverable by the Company under the Company’s professional indemnity insurance if the Client’s claim had been i satisfied in full (less any amount, other than any excess payable by the Company under the terms of such insurance, that the Company is unable to recover through no fault of the Company).
26.629.1.5. The Client agrees with the Company (for the Company’s own benefit and for the benefit of any C person who is or was a member, director, consultant or employee of the Company (Company, each may be referred to as a ‘Connected Person’) ; that the Company shall alone be liable to the Client and that no Connected Person (such as director, employee or affiliate) will be personally liable to the Client (whether in contract, tort including negligence or otherwise).
26.729.1.6. Save in cases of gross negligence negligence, willful default or fraud on the part of the Company, the Client shall indemnify and keep indemnified the Company and/or its directors and/or its employees and/or its representatives for any claim by third parties and/or for any loss, liability, costs or expenses which the Company or any third party may have incurred or paid in respect of any act or omission of the Client and/or its Authorized Authorised Representative / Attorney and/or due to the performance of the Agreement and/or the provision of any Services and/or the liquidation of any Financial Instruments of the Client in settlement of any claims of the Company.
26.829.1.7. The Company will shall not be held liable for any loss suffered by the Client in connection with the Services it provides to the Client under this Agreement, unless such loss arises directly from the gross negligence, willful default or damage fraud of the Company.
29.1.8. Both Parties hereby agree that the Company shall not be liable to the Client or expense any other person for any consequential, circumstantial, special or indirect damages (including without prejudice to the generality of the aforementioned loss of profit, loss of opportunity, commercial losses and damages) which are incurred by the Client in relation toconnection with this Agreement.
29.1.9. Subject to the terms of this Agreement and Applicable Regulation, the Client agrees that the Company’s maximum aggregate liability to the negligence) or directly or indirectly arising from but otherwise shall not limited to:
(a) Any error or failure or interruption or disconnection in exceed the operation higher of the Platform(s), or any delay caused by the Client Terminal or Transactions made via the Client Terminal, any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high internet traffic demand, security breaches and unauthorized access, and other similar computer problems and defects.
(b) Any failure amount that would be recoverable by the Company to perform any of its obligations under the Agreement as a result Company’s professional i satisfied in full (less any amount, other than any excess payable by the Company under the terms of Force Majeure Event or any other cause beyond its control.
(c) The actssuch insurance, omissions or negligence of any third party.
(d) Any person obtaining the Client’s Access Data that the Company has issued is unable to recover through no fault of the Company).
29.1.10. The Client agrees with the Company (for the C person who is or was a member, director, consultant or employee of the Company, each may be referred to as a Connected Person; that the Company shall alone be liable to the Client prior and that no Connected Person (such as director, employee or affiliate) will be personally liable to the Client’s reporting to Client (whether in contract, tort including negligence or otherwise).
00.0.00. Xxxx in cases of gross negligence, willful default or fraud on the part of the Company, the Client shall indemnify and keep indemnified the Company of and/or its directors and/or its employees and/or its representatives for any claim by third parties and/or for any loss, liability, costs or expenses which the misuse of his Access Data.
(e) Unauthorized third persons having access to information, including electronic addresses, electronic communication, personal data and Access Data when the above are transmitted between the Parties Company or any other party, using the internet third party may have incurred or other network communication facilities, post, telephone, paid in respect of any act or any other electronic means.
(f) Any of the risks of the Risks Disclosure and Warnings Notice materializes.
(g) Currency risk materializes.
(h) Any changes in the rates of tax.
(i) The occurrence of Slippage.
(j) The Client relying on functions such as Trailing Stop, Expert Advisor and Stop Loss Orders.
(k) Under abnormal Market Conditions.
(l) Any acts or omissions (including negligence and fraud) omission of the Client and/or his Authorized Representative.
(m) For its Authorised Representative / Attorney and/or due to the Client’s or his Authorized Representative’s trading decisions.
(n) All Orders given through and under performance of the Client’s Access Data.
(o) The contents, correctness, accuracy and completeness Agreement and/or the provision of any communication spread by Services and/or the use liquidation of any Financial Instruments of the Platform(s)Client in settlement of any claims of the Company.
26.9. In the event the Company provides information, recommendations, news, information relating to transactions, market commentary or research to the Client (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise), the Company shall not, in the absence of its fraud 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.
Appears in 1 contract
Samples: Client Agreement
Limitations of Liability and Indemnity. 26.122.1. The Company gives no warranty as to the performance and/or and/ or profitability of the Client’s trading decisionsinvestments or any part of it or any Investment Advice it provides the Client with. The Company cannot guarantee that the Financial Instruments and other assets acquired, following the provision of Investment Advice or otherwise, will not depreciate in value or that they will not be negatively affected by adverse tax consequences or for any other reason.
26.222.2. The Company shall not be liable for any act or omission or for the solvency of any counterparty, bank, Execution Venue or liquidity provider custodian or other third party which acts on behalf of the Client or with or through whom transactions on behalf of the Client are carried out.
26.322.3. The Company shall not be liable for any loss suffered by the Client in connection with the Services it provides to the Client under this Agreement (and in particular, but without limitation, the Company shall not be liable for any loss which may arise from the purchase or sale of any Financial Instruments) unless such loss arises directly from the gross negligence negligence, wilful default or fraud of the Company.
26.422.4. It is provided that the Company shall not be liable to the Client or any other person for any consequential, circumstantial, special or indirect damages (including without prejudice to the generality of the aforementioned, loss of profit, loss of opportunity, commercial losses and damages) which are incurred by the Client in connection with this Agreement.
26.522.5. The Company shall not be liable for any loss of opportunity as a result of which the value of the Financial Instruments of the Client could have increased or for any decrease in the value of the Financial Instruments of the Client, howsoever caused, save to the extent that such loss or decrease is directly due to the gross negligence, wilful default or fraud on the part of the Company and/or its directors and/or its employees and/or its representatives.
22.6. The Company shall not be liable for any loss caused by misrepresentation of facts or by error of judgment or any act done or omitted to be done by the Company whenever caused, save to the extent that such act or omission is directly due to the gross negligence, wilful default or fraud on the part of the Company.
22.7. Subject to the terms of this Agreement and Applicable Regulationapplicable legislation, the Client agrees that the Company’s maximum aggregate liability to the Client whether in contract, tort (including negligence) or otherwise shall not exceed the higher of the amount that would be recoverable by the Company under the Company’s professional indemnity insurance if the Client’s claim had been satisfied in full (less any amount, other than any excess payable by the Company under the terms of such insurance, that the Company is unable to recover through no fault of the Company).
26.622.8. The Client agrees with the Company (for the Company’s own benefit and for the benefit of any person who is or was a member, director, consultant or employee of the Company (each a ‘Connected Person’)) that the Company shall alone be liable to the Client and that no Connected Person (such as director, employee or affiliate) will be personally liable to the Client (whether in contract, tort including negligence or otherwise).
26.722.9. Save in cases of gross negligence negligence, wilful default or fraud on the part of the Company, the Client shall indemnify and keep indemnified the Company and/or its directors and/or its employees and/or its representatives for any claim by third parties and/or for any loss, liability, costs or expenses which the Company or any third party may have incurred or paid in respect of any act or omission of the Client and/or and/ or its Authorized Representative / Authorised Representative/Attorney and/or due to the performance of the Agreement and/or the provision of any Services and/or the liquidation of any Financial Instruments of the Client in settlement of any claims of the Company.
26.8. The Company will not be held liable for any loss or damage or expense or loss incurred by the Client in relation to, or directly or indirectly arising from but not limited to:
(a) Any error or failure or interruption or disconnection in the operation of the Platform(s), or any delay caused by the Client Terminal or Transactions made via the Client Terminal, any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high internet traffic demand, security breaches and unauthorized access, and other similar computer problems and defects.
(b) Any failure by the Company to perform any of its obligations under the Agreement as a result of Force Majeure Event or any other cause beyond its control.
(c) The acts, omissions or negligence of any third party.
(d) Any person obtaining the Client’s Access Data that the Company has issued to the Client prior to the Client’s reporting to the Company of the misuse of his Access Data.
(e) Unauthorized third persons having access to information, including electronic addresses, electronic communication, personal data and Access Data when the above are transmitted between the Parties or any other party, using the internet or other network communication facilities, post, telephone, or any other electronic means.
(f) Any of the risks of the Risks Disclosure and Warnings Notice materializes.
(g) Currency risk materializes.
(h) Any changes in the rates of tax.
(i) The occurrence of Slippage.
(j) The Client relying on functions such as Trailing Stop, Expert Advisor and Stop Loss Orders.
(k) Under abnormal Market Conditions.
(l) Any acts or omissions (including negligence and fraud) of the Client and/or his Authorized Representative.
(m) For the Client’s or his Authorized Representative’s trading decisions.
(n) All Orders given through and under the Client’s Access Data.
(o) The contents, correctness, accuracy and completeness of any communication spread by the use of the Platform(s).
26.9. In the event the Company provides information, recommendations, news, information relating to transactions, market commentary or research to the Client (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise), the Company shall not, in the absence of its fraud 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.
Appears in 1 contract
Samples: Terms and Conditions
Limitations of Liability and Indemnity. 26.1. 26.1 The Company gives no warranty as to the performance and/or profitability of the Client’s trading decisions.
26.2. 26.2 The Company shall not be liable for any act or omission or for the solvency of any bank, Execution Venue or liquidity provider or other third party which acts on behalf of the Client or with or through whom transactions on behalf of the Client are carried out.
26.3. 26.3 The Company shall not be liable for any loss suffered by the Client in connection with the Services it provides to the Client under this Agreement unless such loss arises directly from the gross negligence or fraud of the Company.
26.4. 26.4 It is provided that the Company shall not be liable to the Client or any other person for any consequential, circumstantial, special or indirect damages (including without prejudice to the generality of the aforementioned, loss of profit, loss of opportunity, commercial losses and damages) which are incurred by the Client in connection with this Agreement.
26.5. 26.5 Subject to the terms of this Agreement and Applicable Regulation, the Client agrees that the Company’s maximum aggregate liability to the Client whether in contract, tort (including negligence) or otherwise shall not exceed the higher of the amount that would be recoverable by the Company under the Company’s professional indemnity insurance if the Client’s claim had been satisfied in full (less any amount, other than any excess payable by the Company under the terms of such insurance, that the Company is unable to recover through no fault of the Company).
26.6. 26.6 The Client agrees with the Company (for the Company’s own benefit and for the benefit of any person who is or was a member, director, consultant or employee of the Company (each a ‘Connected Person’) that the Company shall alone be liable to the Client and that no Connected Person (such as director, employee or affiliate) will be personally liable to the Client (whether in contract, tort including negligence or otherwise).
26.7. 26.7 Save in cases of gross negligence or fraud on the part of the Company, the Client shall indemnify and keep indemnified the Company and/or its directors and/or its employees and/or its representatives for any claim by third parties and/or for any loss, liability, costs or expenses which the Company or any third party may have incurred or paid in respect of any act or omission of the Client and/or its Authorized Representative / Attorney and/or due to the performance of the Agreement and/or the provision of any Services and/or the liquidation of any Financial Instruments of the Client in settlement of any claims of the Company.
26.8. 26.8 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) a. Any error or failure or interruption or disconnection in the operation of the Platform(s), or any delay caused by the Client Terminal or Transactions made via the Client Terminal, any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high internet traffic demand, security breaches and unauthorized access, and other similar computer problems and defects.
(b) b. Any failure by the Company to perform any of its obligations under the Agreement as a result of Force Majeure Event or any other cause beyond its control.
(c) c. The acts, omissions or negligence of any third party.
(d) d. Any person obtaining the Client’s Access Data that the Company has issued to the Client prior to the Client’s reporting to the Company of the misuse of his Access Data.
(e) e. Unauthorized third persons having access to information, including electronic addresses, electronic communication, personal data and Access Data when the above are transmitted between the Parties or any other party, using the internet or other network communication facilities, post, telephone, or any other electronic means.
(f) f. Any of the risks of the Risks Disclosure and Warnings Notice materializes.
(g) g. Currency risk materializes.
(h) h. Any changes in the rates of tax.
(i) i. The occurrence of Slippage.
(j) j. The Client relying on functions such as Trailing Stop, Expert Advisor and Stop Loss Orders.
(k) k. Under abnormal Market Conditions.
(l) l. Any acts or omissions (including negligence and fraud) of the Client and/or his Authorized Representative.
(m) m. For the Client’s or his Authorized Representative’s trading decisions.
(n) n. All Orders given through and under the Client’s Access Data.
(o) o. The contents, correctness, accuracy and completeness of any communication spread by the use of the Platform(s).
26.9. 26.9 In the event the Company provides information, recommendations, news, information relating to transactions, market commentary or research to the Client (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise), the Company shall not, in the absence of its fraud 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.
Appears in 1 contract
Samples: Client Agreement
Limitations of Liability and Indemnity. 26.130.1. The Company gives no warranty as to the performance and/or profitability of the Client’s trading decisions.
26.2. The decisions and therefore, the Company shall not be liable for any act or omission or for the solvency of any counterparty, bank, Execution Venue or custodian, liquidity provider or other third party party, which acts on behalf of the Client or with or through whom transactions on behalf of the Client are carried out.
26.330.2. The Company shall not be liable for any loss suffered by the Client in connection with the Services it provides to the Client under this Agreement Agreement, unless such loss arises directly from the gross negligence negligence, wilful default, or fraud of the Company.
26.430.3. It is provided Both Parties hereby agree that the Company shall not be liable to the Client or any other person for any consequential, circumstantial, special special, or indirect damages (including without prejudice to the generality of the aforementioned, aforementioned loss of profit, loss of opportunity, commercial losses and damages) which are incurred by the Client in connection with this Agreement.
26.530.4. Subject to the terms of this Agreement and Applicable Regulation, the Client agrees that the Company’s maximum aggregate liability to the Client whether in contract, tort (including negligence) or otherwise shall not exceed the higher of the amount that would be recoverable by the Company under the Company’s professional indemnity insurance if the Client’s claim had been satisfied in full (less any amount, other than any excess payable by the Company under the terms of such insurance, that the Company is unable to recover through no fault of the Company).
26.630.5. The Client agrees with the Company (for the Company’s own benefit and for the benefit of any person who is or was a member, director, consultant or employee of the Company (Company, each may be referred to as a ‘Connected Person’) ; that the Company shall alone be liable to the Client and that no Connected Person (such as director, employee or affiliate) will be personally liable to the Client (whether in contract, tort including negligence or otherwise).
26.730.6. Save in cases of gross negligence negligence, wilful default or fraud on the part of the Company, the Client shall indemnify and keep indemnified the Company and/or its directors and/or its employees and/or its representatives for any claim by third parties and/or for any loss, liability, costs or expenses which the Company or any third party may have incurred or paid in respect of any act or omission of the Client and/or its Authorized Authorised Representative / Attorney and/or due to the performance of the Agreement and/or the provision of any Services and/or the liquidation of any Financial Instruments of the Client in settlement of any claims of the Company.
26.8. The Company will not be held liable for any loss or damage or expense or loss incurred by the Client in relation to, or directly or indirectly arising from but not limited to:
(a) Any error or failure or interruption or disconnection in the operation of the Platform(s), or any delay caused by the Client Terminal or Transactions made via the Client Terminal, any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high internet traffic demand, security breaches and unauthorized access, and other similar computer problems and defects.
(b) Any failure by the Company to perform any of its obligations under the Agreement as a result of Force Majeure Event or any other cause beyond its control.
(c) The acts, omissions or negligence of any third party.
(d) Any person obtaining the Client’s Access Data that the Company has issued to the Client prior to the Client’s reporting to the Company of the misuse of his Access Data.
(e) Unauthorized third persons having access to information, including electronic addresses, electronic communication, personal data and Access Data when the above are transmitted between the Parties or any other party, using the internet or other network communication facilities, post, telephone, or any other electronic means.
(f) Any of the risks of the Risks Disclosure and Warnings Notice materializes.
(g) Currency risk materializes.
(h) Any changes in the rates of tax.
(i) The occurrence of Slippage.
(j) The Client relying on functions such as Trailing Stop, Expert Advisor and Stop Loss Orders.
(k) Under abnormal Market Conditions.
(l) Any acts or omissions (including negligence and fraud) of the Client and/or his Authorized Representative.
(m) For the Client’s or his Authorized Representative’s trading decisions.
(n) All Orders given through and under the Client’s Access Data.
(o) The contents, correctness, accuracy and completeness of any communication spread by the use of the Platform(s).
26.9. In the event the Company provides information, recommendations, news, information relating to transactions, market commentary or research to the Client (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise), the Company shall not, in the absence of its fraud 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.
Appears in 1 contract
Samples: Client Agreement
Limitations of Liability and Indemnity. 26.123.1. The Company gives no warranty as to the performance and/or profitability of the Client’s trading decisions.
26.2. The Company shall not be liable for any act or omission or for the solvency of any counterparty, bank, Execution Venue or custodian, liquidity provider or other third party party, which acts on behalf of the Client or with or through whom transactions on behalf of the Client are carried out.
26.323.2. The Company shall not be liable for any loss suffered by the Client in connection with the Services it provides to the Client under this Agreement Agreement, unless such loss arises directly from the gross negligence negligence, willful default or fraud of the Company.
26.423.3. It is provided that the Company shall not be liable to the Client or any other person for any consequential, circumstantial, special or indirect damages (including without prejudice to the generality of the aforementioned, aforementioned loss of profit, loss of opportunity, commercial losses and damages) which are incurred by the Client in connection with this Agreement.
26.523.4. Subject to the terms of this Agreement and Applicable Regulation, the Client agrees that the Company’s maximum aggregate liability to the Client whether in contract, tort (including negligence) or otherwise shall not exceed the higher of the amount that would be recoverable by the Company under the Company’s professional indemnity insurance if the Client’s claim had been satisfied in full (less any amount, other than any excess payable by the Company under the terms of such insurance, that the Company is unable to recover through no fault of the Company).
26.623.5. The Client agrees with the Company (for the Company’s own benefit and for the benefit of any person who is or was a member, director, consultant or employee of the Company ([each a ‘Connected Person’) ] that the Company shall alone be liable to the Client and that no Connected Person (such as director, employee or affiliate) will be personally liable to the Client (whether in contract, tort including negligence or otherwise).
26.723.6. Save in cases of gross negligence negligence, willful default or fraud on the part of the Company, the Client shall indemnify and keep indemnified the Company and/or its directors and/or its employees and/or its representatives for any claim by third parties and/or for any loss, liability, costs or expenses which the Company or any third party may have incurred or paid in respect of any act or omission of the Client and/or its Authorized Representative / Attorney and/or due to the performance of the Agreement and/or the provision of any Services and/or the liquidation of any Financial Instruments of the Client in settlement of any claims of the Company.
26.8. The Company will not be held liable for any loss or damage or expense or loss incurred by the Client in relation to, or directly or indirectly arising from but not limited to:
(a) Any error or failure or interruption or disconnection in the operation of the Platform(s), or any delay caused by the Client Terminal or Transactions made via the Client Terminal, any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high internet traffic demand, security breaches and unauthorized access, and other similar computer problems and defects.
(b) Any failure by the Company to perform any of its obligations under the Agreement as a result of Force Majeure Event or any other cause beyond its control.
(c) The acts, omissions or negligence of any third party.
(d) Any person obtaining the Client’s Access Data that the Company has issued to the Client prior to the Client’s reporting to the Company of the misuse of his Access Data.
(e) Unauthorized third persons having access to information, including electronic addresses, electronic communication, personal data and Access Data when the above are transmitted between the Parties or any other party, using the internet or other network communication facilities, post, telephone, or any other electronic means.
(f) Any of the risks of the Risks Disclosure and Warnings Notice materializes.
(g) Currency risk materializes.
(h) Any changes in the rates of tax.
(i) The occurrence of Slippage.
(j) The Client relying on functions such as Trailing Stop, Expert Advisor and Stop Loss Orders.
(k) Under abnormal Market Conditions.
(l) Any acts or omissions (including negligence and fraud) of the Client and/or his Authorized Representative.
(m) For the Client’s or his Authorized Representative’s trading decisions.
(n) All Orders given through and under the Client’s Access Data.
(o) The contents, correctness, accuracy and completeness of any communication spread by the use of the Platform(s).
26.9. In the event the Company provides information, recommendations, news, information relating to transactions, market commentary or research to the Client (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise), the Company shall not, in the absence of its fraud 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.
Appears in 1 contract
Samples: Client Agreement
Limitations of Liability and Indemnity. 26.122.1. The Company gives no warranty as to the performance and/or profitability of the Client’s trading decisions.
26.2. The Company decisions and therefore, we shall not be liable for any act or omission or for the solvency of any counterparty, bank, Execution Venue or custodian, liquidity provider or other third party party, which acts on behalf of the Client or with or through whom transactions on behalf of the Client are carried out.
26.322.2. The Company shall not be liable for any loss suffered by the Client in connection with the Services it provides to the Client under this Agreement Agreement, unless such loss arises directly from the gross negligence negligence, wilful default or fraud of the Company.
26.422.3. It is provided Both Parties hereby agree that the Company shall not be liable to the Client or any other person for any consequential, circumstantial, special or indirect damages (including without prejudice to the generality of the aforementioned, aforementioned loss of profit, loss of opportunity, commercial losses and damages) which are incurred by the Client in connection with this Agreement.
26.522.4. Subject to the terms of this Agreement and Applicable Regulation, the Client agrees that the Company’s maximum aggregate liability to the Client whether in contract, tort (including negligence) or otherwise shall not exceed the higher of the amount that would be recoverable by the Company under the Company’s professional indemnity insurance if the Client’s claim had been satisfied in full (less any amount, other than any excess payable by the Company under the terms of such insurance, that the Company is unable to recover through no fault of the Company).
26.622.5. The Client agrees with the Company (for the Company’s own benefit and for the benefit of any person who is or was a member, director, consultant or employee of the Company (Company, each may be referred to as a ‘Connected Person’) ; that the Company shall alone be liable to the Client and that no Connected Person (such as director, employee or affiliate) will be personally liable to the Client (whether in contract, tort including negligence or otherwise).Client
26.722.6. Save in cases of gross negligence negligence, wilful default or fraud on the part of the Company, the Client shall indemnify and keep indemnified the Company and/or its directors and/or its employees and/or its representatives for any claim by third parties and/or for any loss, liability, costs or expenses which the Company or any third party may have incurred or paid in respect of any act or omission of the Client and/or its Authorized Authorised Representative / Attorney and/or due to the performance of the Agreement and/or the provision of any Services and/or the liquidation of any Financial Instruments of the Client in settlement of any claims of the Company.
26.8. The Company will not be held liable for any loss or damage or expense or loss incurred by the Client in relation to, or directly or indirectly arising from but not limited to:
(a) Any error or failure or interruption or disconnection in the operation of the Platform(s), or any delay caused by the Client Terminal or Transactions made via the Client Terminal, any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high internet traffic demand, security breaches and unauthorized access, and other similar computer problems and defects.
(b) Any failure by the Company to perform any of its obligations under the Agreement as a result of Force Majeure Event or any other cause beyond its control.
(c) The acts, omissions or negligence of any third party.
(d) Any person obtaining the Client’s Access Data that the Company has issued to the Client prior to the Client’s reporting to the Company of the misuse of his Access Data.
(e) Unauthorized third persons having access to information, including electronic addresses, electronic communication, personal data and Access Data when the above are transmitted between the Parties or any other party, using the internet or other network communication facilities, post, telephone, or any other electronic means.
(f) Any of the risks of the Risks Disclosure and Warnings Notice materializes.
(g) Currency risk materializes.
(h) Any changes in the rates of tax.
(i) The occurrence of Slippage.
(j) The Client relying on functions such as Trailing Stop, Expert Advisor and Stop Loss Orders.
(k) Under abnormal Market Conditions.
(l) Any acts or omissions (including negligence and fraud) of the Client and/or his Authorized Representative.
(m) For the Client’s or his Authorized Representative’s trading decisions.
(n) All Orders given through and under the Client’s Access Data.
(o) The contents, correctness, accuracy and completeness of any communication spread by the use of the Platform(s).
26.9. In the event the Company provides information, recommendations, news, information relating to transactions, market commentary or research to the Client (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise), the Company shall not, in the absence of its fraud 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.
Appears in 1 contract
Samples: Client Agreement
Limitations of Liability and Indemnity. 26.1. 29.1.1 The Company gives no warranty as to the performance and/or profitability of the Client’s trading decisions.
26.2. The Company decisions and therefore, we shall not be liable for any act or omission or for the solvency of any counterparty, bank, Execution Venue or custodian, liquidity provider or other third party which acts on behalf of the Client or with or through whom transactions on behalf of the Client are carried out.other
26.3. 29.1.2 The Company shall not be liable for any loss suffered by the Client in connection with the Services it provides to the Client under this Agreement Agreement, unless such loss arises directly from the gross negligence negligence, wilful default or fraud of the Company.
26.4. It is provided 29.1.3 Both Parties hereby agree that the Company shall not be liable to the Client or any other person for any consequential, circumstantial, special or indirect damages (including without prejudice to the generality of the aforementioned, aforementioned loss of profit, loss of opportunity, commercial losses and damages) which are incurred by the Client in Clientin connection with this Agreement.
26.5. 29.1.4 Subject to the terms of this Agreement and Applicable Regulation, the Client agrees that the Company’s maximum aggregate liability to the Client whether in contract, tort (including negligence) or otherwise shall not exceed the higher of the amount that would be recoverable by the Company under the Company’s professional indemnity insurance if the Client’s claim had been satisfied in full (less any amount, other than any excess payable by the Company under the terms of such insurance, that the Company is unable to recover through no fault of the Company).
26.6. 29.1.5 The Client agrees with the Company (for the Company’s own benefit and for the benefit of any person who is or was a member, director, consultant or employee of the Company (Company, each may be referred to as a ‘Connected Person’) ; that the Company shall alone be liable to the Client and that no Connected Person (such as director, employee or affiliate) will be personally liable to the Client (whether in contract, tort including negligence or otherwise).
26.7. 29.1.6 Save in cases of gross negligence negligence, wilful default or fraud on the part of the Company, the Client shall indemnify and keep indemnified the Company and/or its directors and/or its employees and/or its representatives for any claim by third parties and/or for any loss, liability, costs or expenses which the Company or any third party may have incurred or paid in respect of any act or omission of the Client and/or its Authorized Authorised Representative / Attorney and/or due to the performance of the Agreement and/or the provision of any Services and/or the liquidation of any Financial Instruments of the Client in settlement of any claims of the Company.
26.8. The Company will not be held liable for any loss or damage or expense or loss incurred by the Client in relation to, or directly or indirectly arising from but not limited to:
(a) Any error or failure or interruption or disconnection in the operation of the Platform(s), or any delay caused by the Client Terminal or Transactions made via the Client Terminal, any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high internet traffic demand, security breaches and unauthorized access, and other similar computer problems and defects.
(b) Any failure by the Company to perform any of its obligations under the Agreement as a result of Force Majeure Event or any other cause beyond its control.
(c) The acts, omissions or negligence of any third party.
(d) Any person obtaining the Client’s Access Data that the Company has issued to the Client prior to the Client’s reporting to the Company of the misuse of his Access Data.
(e) Unauthorized third persons having access to information, including electronic addresses, electronic communication, personal data and Access Data when the above are transmitted between the Parties or any other party, using the internet or other network communication facilities, post, telephone, or any other electronic means.
(f) Any of the risks of the Risks Disclosure and Warnings Notice materializes.
(g) Currency risk materializes.
(h) Any changes in the rates of tax.
(i) The occurrence of Slippage.
(j) The Client relying on functions such as Trailing Stop, Expert Advisor and Stop Loss Orders.
(k) Under abnormal Market Conditions.
(l) Any acts or omissions (including negligence and fraud) of the Client and/or his Authorized Representative.
(m) For the Client’s or his Authorized Representative’s trading decisions.
(n) All Orders given through and under the Client’s Access Data.
(o) The contents, correctness, accuracy and completeness of any communication spread by the use of the Platform(s).
26.9. In the event the Company provides information, recommendations, news, information relating to transactions, market commentary or research to the Client (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise), the Company shall not, in the absence of its fraud 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.
Appears in 1 contract
Samples: Client Agreement
Limitations of Liability and Indemnity. 26.1. The Company gives no warranty as to the performance and/or profitability of the Client’s trading decisions.
26.2. The Company shall not be liable for any act or omission or for the solvency of any bank, Execution Venue or liquidity provider or other third party which acts on behalf of the Client or with or through whom transactions on behalf of the Client are carried out.
26.3. The Company shall not be liable for any loss suffered by the Client in connection with the Services it provides to the Client under this Agreement unless such loss arises directly from the gross negligence or fraud of the Company.
26.4. It is provided that the Company shall not be liable to the Client or any other person for any consequential, circumstantial, special or indirect damages (including without prejudice to the generality of the aforementioned, loss of profit, loss of opportunity, commercial losses and damages) which are incurred by the Client in connection with this Agreement.
26.5. Subject to the terms of this Agreement and Applicable Regulation, the Client agrees that the Company’s maximum aggregate liability to the Client whether in contract, tort (including negligence) or otherwise shall not exceed the higher of the amount that would be recoverable by the Company under the Company’s professional indemnity insurance if the Client’s claim had been satisfied in full (less any amount, other than any excess payable by the Company under the terms of such insurance, that the Company is unable to recover through no fault of the Company).
26.6. The Client agrees with the Company (for the Company’s own benefit and for the benefit of any person who is or was a member, director, consultant or employee of the Company (each a ‘Connected Person’) that the Company shall alone be liable to the Client and that no Connected Person (such as director, employee or affiliate) will be personally liable to the Client (whether in contract, tort including negligence or otherwise).
26.726.6. Save in cases of gross negligence or fraud on the part of the Company, the Client shall indemnify and keep indemnified the Company and/or its directors and/or its employees and/or its representatives for any claim by third parties and/or for any loss, liability, costs or expenses which the Company or any third party may have incurred or paid in respect of any act or omission of the Client and/or its Authorized Representative / Attorney and/or due to the performance of the Agreement and/or the provision of any Services and/or the liquidation of any Financial Instruments of the Client in settlement of any claims of the Company.
26.826.7. The Company will not be held liable for any loss or damage or expense or loss incurred by the Client in relation to, or directly or indirectly arising from but not limited to:
(a) Any error or failure or interruption or disconnection in the operation of the Platform(s), or any delay caused by the Client Terminal or Transactions made via the Client Terminal, any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high internet traffic demand, security breaches and unauthorized access, and other similar computer problems and defects.
(b) Any failure by the Company to perform any of its obligations under the Agreement as a result aresult of Force Majeure Event or any other cause beyond its control.
(c) The acts, omissions or negligence of any third party.
(d) Any person obtaining the Client’s Access Data that the Company has issued to the Client prior to the Client’s reporting to the Company of the misuse of his Access Data.
(e) Unauthorized third persons having access to information, including electronic addresses, ,electronic communication, personal data and Access Data when the above are transmitted between the Parties or any other party, using the internet or other network communication facilities, post, telephone, or any other electronic means.
(f) Any of the risks of the Risks Disclosure and Warnings Notice materializes.
(g) Currency risk materializes.
(h) Any changes in the rates of tax.
(i) The occurrence of Slippage.
(j) The Client relying on functions such as Trailing Stop, Expert Advisor and Stop Loss Orders.
(k) Under abnormal Market Conditions.
(l) . Any acts or omissions (including negligence and fraud) of the Client and/or his Authorized Representative.
(ml) For the Client’s or his Authorized Representative’s trading decisions.
(nm) All Orders given through and under the Client’s Access Data.
(on) The contents, correctness, accuracy and completeness of any communication spread by the use of the Platform(s).
26.926.8. In the event the Company provides information, recommendations, news, information relating to transactions, market commentary or research to the Client (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise), the Company shall not, in the absence of its fraud 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.
Appears in 1 contract
Samples: Client Agreement
Limitations of Liability and Indemnity. 26.1. 31.1 The Company gives no warranty as to the performance and/or profitability of the Client’s trading decisions.
26.2. The Company decisions and therefore, we shall not be liable for any act or omission or for the solvency of any counterparty, bank, Execution Venue or custodian, liquidity provider or other third party party, which acts on behalf of the Client or with or through whom transactions on behalf of the Client are carried out.
26.3. 31.2 The Company shall not be liable for any loss suffered by the Client in connection with the Services it provides to the Client under this Agreement Agreement, unless such loss arises directly from the gross negligence negligence, willful default, or fraud of the Company.
26.4. It is provided 31.3 Both Parties hereby agree that the Company shall not be liable to the Client or any other person for any consequential, circumstantial, special special, or indirect damages (including without prejudice to the generality of the aforementioned, aforementioned loss of profit, loss of opportunity, commercial losses and damages) which are incurred by the Client in connection with this Agreement.
26.5. 31.4 Subject to the terms of this Agreement and Applicable Regulation, the Client agrees that the Company’s maximum aggregate liability to the Client whether in contract, tort (including negligence) or otherwise shall not exceed the higher of the amount that would be recoverable by the Company under the Company’s professional indemnity insurance if the Client’s claim had been satisfied in full (less any amount, other than any excess payable by the Company under the terms of such insurance, that the Company is unable to recover through no fault of the Company).
26.6. 31.5 The Client agrees with the Company (for the Company’s own benefit and for the benefit of any person who is or was a member, director, consultant or employee of the Company (Company, each may be referred to as a ‘Connected Person’) ; that the Company shall alone be liable to the Client and that no Connected Person (such as director, employee or affiliate) will be personally liable to the Client (whether in contract, tort including negligence or otherwise).
26.7. 31.6 Save in cases of gross negligence negligence, willful default or fraud on the part of the Company, the Client shall indemnify and keep indemnified the Company and/or its directors and/or its employees and/or its representatives for any claim by third parties and/or for any loss, liability, costs or expenses which the Company or any third party may have incurred or paid in respect of any act or omission of the Client and/or its Authorized Authorised Representative / Attorney and/or due to the performance of the Agreement and/or the provision of any Services and/or the liquidation of any Financial Instruments of the Client in settlement of any claims of the Company.
26.8. The Company will not be held liable for any loss or damage or expense or loss incurred by the Client in relation to, or directly or indirectly arising from but not limited to:
(a) Any error or failure or interruption or disconnection in the operation of the Platform(s), or any delay caused by the Client Terminal or Transactions made via the Client Terminal, any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high internet traffic demand, security breaches and unauthorized access, and other similar computer problems and defects.
(b) Any failure by the Company to perform any of its obligations under the Agreement as a result of Force Majeure Event or any other cause beyond its control.
(c) The acts, omissions or negligence of any third party.
(d) Any person obtaining the Client’s Access Data that the Company has issued to the Client prior to the Client’s reporting to the Company of the misuse of his Access Data.
(e) Unauthorized third persons having access to information, including electronic addresses, electronic communication, personal data and Access Data when the above are transmitted between the Parties or any other party, using the internet or other network communication facilities, post, telephone, or any other electronic means.
(f) Any of the risks of the Risks Disclosure and Warnings Notice materializes.
(g) Currency risk materializes.
(h) Any changes in the rates of tax.
(i) The occurrence of Slippage.
(j) The Client relying on functions such as Trailing Stop, Expert Advisor and Stop Loss Orders.
(k) Under abnormal Market Conditions.
(l) Any acts or omissions (including negligence and fraud) of the Client and/or his Authorized Representative.
(m) For the Client’s or his Authorized Representative’s trading decisions.
(n) All Orders given through and under the Client’s Access Data.
(o) The contents, correctness, accuracy and completeness of any communication spread by the use of the Platform(s).
26.9. In the event the Company provides information, recommendations, news, information relating to transactions, market commentary or research to the Client (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise), the Company shall not, in the absence of its fraud 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.
Appears in 1 contract
Samples: Client Agreement
Limitations of Liability and Indemnity. 26.1
30.1. The Company gives no warranty as to the performance and/or profitability of the Client’s trading decisions.
26.2. The decisions and therefore, the Company shall not be liable for any act or omission or for the solvency of any counterparty, bank, Execution Venue or custodian, liquidity provider or other third party party, which acts on behalf of the Client or with or through whom transactions on behalf of the Client are carried out.
26.330.2. The Company shall not be liable for any loss suffered by the Client in connection with the Services it provides to the Client under this Agreement Agreement, unless such loss arises directly from the gross negligence negligence, wilful default, or fraud of the Company.
26.430.3. It is provided Both Parties hereby agree that the Company shall not be liable to the Client or any other person for any consequential, circumstantial, special special, or indirect damages (including without prejudice to the generality of the aforementioned, aforementioned loss of profit, loss of opportunity, commercial losses and damages) which are incurred by the Client in connection with this Agreement.
26.530.4. Subject to the terms of this Agreement and Applicable Regulation, the Client agrees that the Company’s maximum aggregate liability to the Client whether in contract, tort (including negligence) or otherwise shall not exceed the higher of the amount that would be recoverable by the Company under the Company’s professional indemnity insurance if the Client’s claim had been satisfied in full (less any amount, other than any excess payable by the Company under the terms of such insurance, that the Company is unable to recover through no fault of the Company).
26.630.5. The Client agrees with the Company (for the Company’s own benefit and for the benefit of any person who is or was a member, director, consultant or employee of the Company (Company, each may be referred to as a ‘Connected Person’) ; that the Company shall alone be liable to the Client and that no Connected Person (such as director, employee or affiliate) will be personally liable to the Client (whether in contract, tort including negligence or otherwise).
26.730.6. Save in cases of gross negligence negligence, wilful default or fraud on the part of the Company, the Client shall indemnify and keep indemnified the Company and/or its directors and/or its employees and/or its representatives for any claim by third parties and/or for any loss, liability, costs or expenses which the Company or any third party may have incurred or paid in respect of any act or omission of the Client and/or its Authorized Authorised Representative / Attorney and/or due to the performance of the Agreement and/or the provision of any Services and/or the liquidation of any Financial Instruments of the Client in settlement of any claims of the Company.
26.8. The Company will not be held liable for any loss or damage or expense or loss incurred by the Client in relation to, or directly or indirectly arising from but not limited to:
(a) Any error or failure or interruption or disconnection in the operation of the Platform(s), or any delay caused by the Client Terminal or Transactions made via the Client Terminal, any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high internet traffic demand, security breaches and unauthorized access, and other similar computer problems and defects.
(b) Any failure by the Company to perform any of its obligations under the Agreement as a result of Force Majeure Event or any other cause beyond its control.
(c) The acts, omissions or negligence of any third party.
(d) Any person obtaining the Client’s Access Data that the Company has issued to the Client prior to the Client’s reporting to the Company of the misuse of his Access Data.
(e) Unauthorized third persons having access to information, including electronic addresses, electronic communication, personal data and Access Data when the above are transmitted between the Parties or any other party, using the internet or other network communication facilities, post, telephone, or any other electronic means.
(f) Any of the risks of the Risks Disclosure and Warnings Notice materializes.
(g) Currency risk materializes.
(h) Any changes in the rates of tax.
(i) The occurrence of Slippage.
(j) The Client relying on functions such as Trailing Stop, Expert Advisor and Stop Loss Orders.
(k) Under abnormal Market Conditions.
(l) Any acts or omissions (including negligence and fraud) of the Client and/or his Authorized Representative.
(m) For the Client’s or his Authorized Representative’s trading decisions.
(n) All Orders given through and under the Client’s Access Data.
(o) The contents, correctness, accuracy and completeness of any communication spread by the use of the Platform(s).
26.9. In the event the Company provides information, recommendations, news, information relating to transactions, market commentary or research to the Client (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise), the Company shall not, in the absence of its fraud 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.
Appears in 1 contract
Samples: Client Agreement
Limitations of Liability and Indemnity. 26.1
22.1. The Company gives no warranty as to the performance and/or profitability of the Client’s trading decisions.
26.2. The Company decisions and therefore, we shall not be liable for any act or omission or for the solvency of any counterparty, bank, Execution Venue or custodian, liquidity provider or other third party party, which acts on behalf of the Client or with or through whom transactions on behalf of the Client are carried out.
26.322.2. The Company shall not be liable for any loss suffered by the Client in connection with the Services it provides to the Client under this Agreement Agreement, unless such loss arises directly from the gross negligence negligence, wilful default or fraud of the Company.
26.422.3. It is provided Both Parties hereby agree that the Company shall not be liable to the Client or any other person for any consequential, circumstantial, special or indirect damages (including without prejudice to the generality of the aforementioned, aforementioned loss of profit, loss of opportunity, commercial losses and damages) which are incurred by the Client in connection with this Agreement.
26.522.4. Subject to the terms of this Agreement and Applicable Regulation, the Client agrees that the Company’s maximum aggregate liability to the Client whether in contract, tort (including negligence) or otherwise shall not exceed the higher of the amount that would be recoverable by the Company under the Company’s professional indemnity insurance if the Client’s claim had been satisfied in full (less any amount, other than any excess payable by the Company under the terms of such insurance, that the Company is unable to recover through no fault of the Company).
26.622.5. The Client agrees with the Company (for the Company’s own benefit and for the benefit of any person who is or was a member, director, consultant or employee of the Company (Company, each may be referred to as a ‘Connected Person’) ; that the Company shall alone be liable to the Client and that no Connected Person (such as director, employee or affiliate) will be personally liable to the Client (whether in contract, tort including negligence or otherwise).
26.722.6. Save in cases of gross negligence negligence, wilful default or fraud on the part of the Company, the Client shall indemnify and keep indemnified the Company and/or its directors and/or its employees and/or its representatives for any claim by third parties and/or for any loss, liability, costs or expenses which the Company or any third party may have incurred or paid in respect of any act or omission of the Client and/or its Authorized Representative / Attorney and/or due to the performance of the Agreement and/or the provision of any Services and/or the liquidation of any Financial Instruments of the Client in settlement of any claims of the Company.
26.8. The Company will not be held liable for any loss or damage or expense or loss incurred by the Client in relation to, or directly or indirectly arising from but not limited to:
(a) Any error or failure or interruption or disconnection in the operation of the Platform(s), or any delay caused by the Client Terminal or Transactions made via the Client Terminal, any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high internet traffic demand, security breaches and unauthorized access, and other similar computer problems and defects.
(b) Any failure by the Company to perform any of its obligations under the Agreement as a result of Force Majeure Event or any other cause beyond its control.
(c) The acts, omissions or negligence of any third party.
(d) Any person obtaining the Client’s Access Data that the Company has issued to the Client prior to the Client’s reporting to the Company of the misuse of his Access Data.
(e) Unauthorized third persons having access to information, including electronic addresses, electronic communication, personal data and Access Data when the above are transmitted between the Parties or any other party, using the internet or other network communication facilities, post, telephone, or any other electronic means.
(f) Any of the risks of the Risks Disclosure and Warnings Notice materializes.
(g) Currency risk materializes.
(h) Any changes in the rates of tax.
(i) The occurrence of Slippage.
(j) The Client relying on functions such as Trailing Stop, Expert Advisor and Stop Loss Orders.
(k) Under abnormal Market Conditions.
(l) Any acts or omissions (including negligence and fraud) of the Client and/or his Authorized Representative.
(m) For the Client’s or his Authorized Representative’s trading decisions.
(n) All Orders given through and under the Client’s Access Data.
(o) The contents, correctness, accuracy and completeness of any communication spread by the use of the Platform(s).
26.9. In the event the Company provides information, recommendations, news, information relating to transactions, market commentary or research to the Client (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise), the Company shall not, in the absence of its fraud 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.or
Appears in 1 contract
Samples: Client Agreement
Limitations of Liability and Indemnity. 26.1. 29.1.1 The Company gives no warranty as to the performance and/or profitability of the Client’s trading decisions.trading
26.2. The Company shall not be liable for any act or omission or for the solvency of any bank, Execution Venue or liquidity provider or other third party which acts on behalf of the Client or with or through whom transactions on behalf of the Client are carried out.
26.3. 29.1.2 The Company shall not be liable for any loss suffered by the Client in connection with the Services it provides to the Client under this Agreement Agreement, unless such loss arises directly from the gross negligence negligence, wilful default or fraud of the Company.
26.4. It is provided 29.1.3 Both Parties hereby agree that the Company shall not be liable to the Client or any other person for any consequential, circumstantial, special or indirect damages (including without prejudice to the generality of the aforementioned, aforementioned loss of profit, loss of opportunity, commercial losses and damages) which are incurred by the Client in Clientin connection with this Agreement.
26.5. 29.1.4 Subject to the terms of this Agreement and Applicable Regulation, the Client agrees that the Company’s maximum aggregate liability to the Client whether in contract, tort (including negligence) or otherwise shall not exceed the higher of the amount that would be recoverable by the Company under the Company’s professional indemnity insurance if the Client’s claim had been satisfied in full (less any amount, other than any excess payable by the Company under the terms of such insurance, that the Company is unable to recover through no fault of the Company).
26.6. 29.1.5 The Client agrees with the Company (for the Company’s own benefit and for the benefit of any person who is or was a member, director, consultant or employee of the Company (Company, each may be referred to as a ‘Connected Person’) ; that the Company shall alone be liable to the Client and that no Connected Person (such as director, employee or affiliate) will be personally liable to the Client (whether in contract, tort including negligence or otherwise).
26.7. 29.1.6 Save in cases of gross negligence negligence, wilful default or fraud on the part of the Company, the Client shall indemnify and keep indemnified the Company and/or its directors and/or its employees and/or its representatives for any claim by third parties and/or for any loss, liability, costs or expenses which the Company or any third party may have incurred or paid in respect of any act or omission of the Client and/or its Authorized Authorised Representative / Attorney and/or due to the performance of the Agreement and/or the provision of any Services and/or the liquidation of any Financial Instruments
29.1.7 The Company shall not be liable for any loss suffered by the Client in connection with the Services it provides to the Client under this Agreement, unless such loss arises directly from the gross negligence, wilful default or fraud of the Company.
29.1.8 Both Parties hereby agree that the Company shall not be liable to the Client or any other person for any consequential, circumstantial, special or indirect damages (including without prejudice to the generality of the aforementioned loss of profit, loss of opportunity, commercial losses and damages) which are incurred by the Clientin connection with this Agreement.
29.1.9 Subject to the terms of this Agreement and Applicable Regulation, the Client agrees that the Company’s maximum aggregate liability to the Client whether in contract, tort (including negligence) or otherwise shall not exceed the higher of the amount that would be recoverable by the Company under the Company’s professional indemnity insurance if the Client’s claim had been satisfied in full (less any amount, other than any excess payable by the Company under the terms of such insurance, that the Company is unable to recover through no fault of the Company).
29.1.10 The Client agrees with the Company (for the Company’s own benefit and for the benefit of any person who is or was a member, director, consultant or employee of the Company, each may be referred to as a Connected Person; that the Company shall alone be liable to the Client and that no Connected Person (such as director, employee or affiliate) will be personally liable to the Client (whether in contract, tort including negligence or otherwise).
29.1.11 Save in cases of gross negligence, wilful default or fraud on the part of the Company, the Client shall indemnify and keep indemnified the Company and/or its directors and/or its employees and/or its representatives for any claim by third parties and/or for any loss, liability, costs or expenses which the Company or any third party may have incurred or paid in respect of any act or omission of the Client and/or its Authorised Representative / Attorney and/or due to the performance of the Agreement and/or the provision of any Services and/or the liquidation of any Financial Instruments of the Client in settlement of any claims of the Company.
26.8. The Company will not be held liable for any loss or damage or expense or loss incurred by the Client in relation to, or directly or indirectly arising from but not limited to:
(a) Any error or failure or interruption or disconnection in the operation of the Platform(s), or any delay caused by the Client Terminal or Transactions made via the Client Terminal, any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high internet traffic demand, security breaches and unauthorized access, and other similar computer problems and defects.
(b) Any failure by the Company to perform any of its obligations under the Agreement as a result of Force Majeure Event or any other cause beyond its control.
(c) The acts, omissions or negligence of any third party.
(d) Any person obtaining the Client’s Access Data that the Company has issued to the Client prior to the Client’s reporting to the Company of the misuse of his Access Data.
(e) Unauthorized third persons having access to information, including electronic addresses, electronic communication, personal data and Access Data when the above are transmitted between the Parties or any other party, using the internet or other network communication facilities, post, telephone, or any other electronic means.
(f) Any of the risks of the Risks Disclosure and Warnings Notice materializes.
(g) Currency risk materializes.
(h) Any changes in the rates of tax.
(i) The occurrence of Slippage.
(j) The Client relying on functions such as Trailing Stop, Expert Advisor and Stop Loss Orders.
(k) Under abnormal Market Conditions.
(l) Any acts or omissions (including negligence and fraud) of the Client and/or his Authorized Representative.
(m) For the Client’s or his Authorized Representative’s trading decisions.
(n) All Orders given through and under the Client’s Access Data.
(o) The contents, correctness, accuracy and completeness of any communication spread by the use of the Platform(s).
26.9. In the event the Company provides information, recommendations, news, information relating to transactions, market commentary or research to the Client (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise), the Company shall not, in the absence of its fraud 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.
Appears in 1 contract
Samples: Client Agreement
Limitations of Liability and Indemnity. 26.122.1. The Company gives no warranty as to the performance and/or and/ or profitability of the Client’s trading decisionsinvestments or any part of it or any Investment Advice it provides the Client with. The Company cannot guarantee that the Financial Instruments and other assets acquired, following the provision of Investment Advice or otherwise, will not depreciate in value or that they will not be negatively affected by adverse tax consequences or for any other reason.
26.222.2. The Company shall not be liable for any act or omission or for the solvency of any counterparty, bank, Execution Venue or liquidity provider custodian or other third party which acts on behalf of the Client or with or through whom transactions on behalf of the Client are carried out.
26.322.3. The Company shall not be liable for any loss suffered by the Client in connection with the Services it provides to the Client under this Agreement (and in particular, but without limitation, the Company shall not be liable for any loss which may arise from the purchase or sale of any Financial Instruments) unless such loss arises directly from the gross negligence negligence, wilful default or fraud of the Company.
26.422.4. It is provided that the Company shall not be liable to the Client or any other person for any consequential, circumstantial, special or indirect damages (including without prejudice to the generality of the aforementioned, loss of profit, loss of opportunity, commercial losses and damages) which are incurred by the Client in connection with this Agreement.
26.522.5. The Company shall not be liable for any loss of opportunity as a result of which the value of the Financial Instruments of the Client could have increased or for any decrease in the value of the Financial Instruments of the Client, howsoever caused, save to the extent that such loss or decrease is directly due to the gross negligence, wilful default or fraud on the part of the Company and/or its directors and/or its employees and/or its representatives.
22.6. The Company shall not be liable for any loss caused by misrepresentation of facts or by error of judgment or any act done or omitted to be done by the Company whenever caused, save to the extent that such act or omission is directly due to the gross negligence, wilful default or fraud on the part of the Company.
22.7. Subject to the terms of this Agreement and Applicable Regulationapplicable legislation, the Client agrees that the Company’s maximum aggregate liability to the Client whether in contract, tort (including negligence) or otherwise shall not exceed the higher of the amount that would be recoverable by the Company under the Company’s professional indemnity insurance if the Client’s claim had been satisfied in full (less any amount, other than any excess payable by the Company under the terms of such insurance, that the Company is unable to recover through no fault of the Company).
26.622.8. The Client agrees with the Company (for the Company’s own benefit and for the benefit of any person who is or was a member, director, consultant or employee of the Company (each a ‘Connected Person’)) that the Company shall alone be liable to the Client and that no Connected Person (such as director, employee or affiliate) will be personally liable to the Client (whether in contract, tort including negligence or otherwise).
26.722.9. Save in cases of gross negligence negligence, wilful default or fraud on the part of the Company, the Client shall indemnify and keep indemnified the Company and/or its directors and/or its employees and/or its representatives for any claim by third parties and/or for any loss, liability, costs or expenses which the Company or any third party may have incurred or paid in respect of any act or omission of the Client and/or and/ or its Authorized Authorised Representative / Attorney and/or due to the performance of the Agreement and/or the provision of any Services and/or the liquidation of any Financial Instruments of the Client in settlement of any claims of the Company.
26.8. The Company will not be held liable for any loss or damage or expense or loss incurred by the Client in relation to, or directly or indirectly arising from but not limited to:
(a) Any error or failure or interruption or disconnection in the operation of the Platform(s), or any delay caused by the Client Terminal or Transactions made via the Client Terminal, any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high internet traffic demand, security breaches and unauthorized access, and other similar computer problems and defects.
(b) Any failure by the Company to perform any of its obligations under the Agreement as a result of Force Majeure Event or any other cause beyond its control.
(c) The acts, omissions or negligence of any third party.
(d) Any person obtaining the Client’s Access Data that the Company has issued to the Client prior to the Client’s reporting to the Company of the misuse of his Access Data.
(e) Unauthorized third persons having access to information, including electronic addresses, electronic communication, personal data and Access Data when the above are transmitted between the Parties or any other party, using the internet or other network communication facilities, post, telephone, or any other electronic means.
(f) Any of the risks of the Risks Disclosure and Warnings Notice materializes.
(g) Currency risk materializes.
(h) Any changes in the rates of tax.
(i) The occurrence of Slippage.
(j) The Client relying on functions such as Trailing Stop, Expert Advisor and Stop Loss Orders.
(k) Under abnormal Market Conditions.
(l) Any acts or omissions (including negligence and fraud) of the Client and/or his Authorized Representative.
(m) For the Client’s or his Authorized Representative’s trading decisions.
(n) All Orders given through and under the Client’s Access Data.
(o) The contents, correctness, accuracy and completeness of any communication spread by the use of the Platform(s).
26.9. In the event the Company provides information, recommendations, news, information relating to transactions, market commentary or research to the Client (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise), the Company shall not, in the absence of its fraud 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.
Appears in 1 contract
Samples: Terms and Conditions
Limitations of Liability and Indemnity. 26.1. 29.1.1 The Company gives no warranty as to the performance and/or profitability of the Client’s trading decisions.
26.2. The Company decisions and therefore, we shall not be liable for any act or omission or for the solvency of any counterparty, bank, Execution Venue or custodian, liquidity provider or other third party party, which acts on behalf of the Client or with or through whom transactions on behalf of the Client are carried out.
26.3. 29.1.2 The Company shall not be liable for any loss suffered by the Client in connection with the Services it provides to the Client under this Agreement Agreement, unless such loss arises directly from the gross negligence negligence, wilful default or fraud of the Company.
26.4. It is provided 29.1.3 Both Parties hereby agree that the Company shall not be liable to the Client or any other person for any consequential, circumstantial, special or indirect damages (including without prejudice to the generality of the aforementioned, aforementioned loss of profit, loss of opportunity, commercial losses and damages) which are incurred by the Client in Clientin connection with this Agreement.
26.5. 29.1.4 Subject to the terms of this Agreement and Applicable Regulation, the Client agrees that the Company’s maximum aggregate liability to the Client whether in contract, tort (including negligence) or otherwise shall not exceed the higher of the amount that would be recoverable by the Company under the Company’s professional indemnity insurance if the Client’s claim had been satisfied in full (less any amount, other than any excess payable by the Company under the terms of such insurance, that the Company is unable to recover through no fault of the Company).
26.6. 29.1.5 The Client agrees with the Company (for the Company’s own benefit and for the benefit of any person who is or was a member, director, consultant or employee of the Company (Company, each may be referred to as a ‘Connected Person’) ; that the Company shall alone be liable to the Client and that no Connected Person (such as director, employee or affiliate) will be personally liable to the Client (whether in contract, tort including negligence or otherwise).
26.7. 29.1.6 Save in cases of gross negligence negligence, wilful default or fraud on the part of the Company, the Client shall indemnify and keep indemnified the Company and/or its directors and/or its employees and/or its representatives for any claim by third parties and/or for any loss, liability, costs or expenses which the Company or any third party may have incurred or paid in respect of any act or omission of the Client and/or its Authorized Authorised Representative / Attorney and/or due to the performance of the Agreement and/or the provision of any Services and/or the liquidation of any Financial Instruments of Instruments
29.1.7 The Company shall not be liable for any loss suffered by the Client in settlement of any claims connection with the Services it provides to the Client under this Agreement, unless such loss arises directly from the gross negligence, wilful default or fraud of the Company.
26.8. The 29.1.8 Both Parties hereby agree that the Company will shall not be held liable to the Client or any other person for any consequential, circumstantial, special or indirect damages (including without prejudice to the generality of the aforementioned loss or damage or expense or of profit, loss of opportunity, commercial losses and damages) which are incurred by the Clientin connection with this Agreement.
29.1.9 Subject to the terms of this Agreement and Applicable Regulation, the Client agrees that the Company’s maximum aggregate liability to the Client whether in relation tocontract, tort (including negligence) or directly or indirectly arising from but otherwise shall not limited to:
(a) Any error or failure or interruption or disconnection in exceed the operation higher of the Platform(s), or any delay caused by the Client Terminal or Transactions made via the Client Terminal, any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high internet traffic demand, security breaches and unauthorized access, and other similar computer problems and defects.
(b) Any failure amount that would be recoverable by the Company to perform any of its obligations under the Agreement as a result of Force Majeure Event or any other cause beyond its control.
(c) The acts, omissions or negligence of any third party.
(d) Any person obtaining Company’s professional indemnity insurance if the Client’s Access Data claim had been satisfied in full (less any amount, other than any excess payable by the Company under the terms of such insurance, that the Company has issued is unable to recover through no fault of the Company).
29.1.10 The Client agrees with the Company (for the Company’s own benefit and for the benefit of any person who is or was a member, director, consultant or employee of the Company, each may be referred to as a Connected Person; that the Company shall alone be liable to the Client prior to the Client’s reporting to the Company of the misuse of his Access Data.
and that no Connected Person (e) Unauthorized third persons having access to information, including electronic addresses, electronic communication, personal data and Access Data when the above are transmitted between the Parties or any other party, using the internet or other network communication facilities, post, telephone, or any other electronic means.
(f) Any of the risks of the Risks Disclosure and Warnings Notice materializes.
(g) Currency risk materializes.
(h) Any changes in the rates of tax.
(i) The occurrence of Slippage.
(j) The Client relying on functions such as Trailing Stopdirector, Expert Advisor and Stop Loss Orders.
(kemployee or affiliate) Under abnormal Market Conditions.
(l) Any acts or omissions (including negligence and fraud) of the Client and/or his Authorized Representative.
(m) For the Client’s or his Authorized Representative’s trading decisions.
(n) All Orders given through and under the Client’s Access Data.
(o) The contents, correctness, accuracy and completeness of any communication spread by the use of the Platform(s).
26.9. In the event the Company provides information, recommendations, news, information relating to transactions, market commentary or research will be personally liable to the Client (or whether in newsletters which it may post on its Website or provide to subscribers via its Website contract, tort including negligence or otherwise), the Company shall not, in the absence of its 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.
Appears in 1 contract
Samples: Client Agreement
Limitations of Liability and Indemnity. 26.1
22.1. The Company gives no warranty as to the performance and/or profitability of the Client’s trading decisions.
26.2. The Company decisions and therefore, we shall not be liable for any act or omission or for the solvency of any counterparty, bank, Execution Venue or custodian, liquidity provider or other third party party, which acts on behalf of the Client or with or through whom transactions on behalf of the Client are carried out.
26.322.2. The Company shall not be liable for any loss suffered by the Client in connection with the Services it provides to the Client under this Agreement Agreement, unless such loss arises directly from the gross negligence negligence, wilful default or fraud of the Company.
26.422.3. It is provided Both Parties hereby agree that the Company shall not be liable to the Client or any other person for any consequential, circumstantial, special or indirect damages (including without prejudice to the generality of the aforementioned, aforementioned loss of profit, loss of opportunity, commercial losses and damages) which are incurred by the Client in connection with this Agreement.
26.522.4. Subject to the terms of this Agreement and Applicable Regulation, the Client agrees that the Company’s maximum aggregate liability to the Client whether in contract, tort (including negligence) or otherwise shall not exceed the higher of the amount that would be recoverable by the Company under the Company’s professional indemnity insurance if the Client’s claim had been satisfied in full (less any amount, other than any excess payable by the Company under the terms of such insurance, that the Company is unable to recover through no fault of the Company).
26.622.5. The Client agrees with the Company (for the Company’s own benefit and for the benefit of any person who is or was a member, director, consultant or employee of the Company (Company, each may be referred to as a ‘Connected Person’) ; that the Company shall alone be liable to the Client and that no Connected Person (such as director, employee or affiliate) will be personally liable to the Client (whether in contract, tort including negligence or otherwise).
26.722.6. Save in cases of gross negligence negligence, wilful default or fraud on the part of the Company, the Client shall indemnify and keep indemnified the Company and/or its directors and/or its employees and/or its representatives for any claim by third parties and/or for any loss, liability, costs or expenses which the Company or any third party may have incurred or paid in respect of any act or omission of the Client and/or its Authorized Authorised Representative / Attorney and/or due to the performance of the Agreement and/or the provision of any Services and/or the liquidation of any Financial Instruments of the Client in settlement of any claims of the Company.
26.8. The Company will not be held liable for any loss or damage or expense or loss incurred by the Client in relation to, or directly or indirectly arising from but not limited to:
(a) Any error or failure or interruption or disconnection in the operation of the Platform(s), or any delay caused by the Client Terminal or Transactions made via the Client Terminal, any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high internet traffic demand, security breaches and unauthorized access, and other similar computer problems and defects.
(b) Any failure by the Company to perform any of its obligations under the Agreement as a result of Force Majeure Event or any other cause beyond its control.
(c) The acts, omissions or negligence of any third party.
(d) Any person obtaining the Client’s Access Data that the Company has issued to the Client prior to the Client’s reporting to the Company of the misuse of his Access Data.
(e) Unauthorized third persons having access to information, including electronic addresses, electronic communication, personal data and Access Data when the above are transmitted between the Parties or any other party, using the internet or other network communication facilities, post, telephone, or any other electronic means.
(f) Any of the risks of the Risks Disclosure and Warnings Notice materializes.
(g) Currency risk materializes.
(h) Any changes in the rates of tax.
(i) The occurrence of Slippage.
(j) The Client relying on functions such as Trailing Stop, Expert Advisor and Stop Loss Orders.
(k) Under abnormal Market Conditions.
(l) Any acts or omissions (including negligence and fraud) of the Client and/or his Authorized Representative.
(m) For the Client’s or his Authorized Representative’s trading decisions.
(n) All Orders given through and under the Client’s Access Data.
(o) The contents, correctness, accuracy and completeness of any communication spread by the use of the Platform(s).
26.9. In the event the Company provides information, recommendations, news, information relating to transactions, market commentary or research to the Client (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise), the Company shall not, in the absence of its fraud 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.
Appears in 1 contract
Samples: Client Agreement
