Limitations of Liability and Indemnity. 28.1. In the event the Company provides information, recommendations, news, information relating to transactions, market commentary or research to the Client (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise), the Company shall not, in the absence of its fraud, willful default or gross negligence, be liable for any losses, costs, expenses or damages suffered by the Client arising from any inaccuracy or mistake in any such information given. 28.2. The Company will not be held liable for any loss or damage or expense or loss incurred by the Client in relation to, or directly or indirectly arising from but not limited to: a) Any error or failure or interruption or disconnection in the operation of the Platform(s), or any delay caused by the Client Terminal or Transactions made via the Client Terminal, any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high internet traffic demand, security breaches and unauthorized access, and other similar computer problems and defects. b) Any failure by the Company to perform any of its obligations under the Agreement as a result of Force Majeure Event or any other cause beyond its control. c) The acts, omissions or negligence of any third party. d) Any person obtaining the Client’s Access Data that the Company has issued to the Client prior to the Client’s reporting to the Company of the misuse of his Access Data. e) Unauthorized third persons having access to information, including electronic addresses, electronic communication, personal data and Access Data when the above are transmitted between the Parties or any other party, using the internet or other network communication facilities, post, telephone, or any other electronic means. f) Any of the risks of the Risks Disclosure and Warnings Notice. g) Currency risk materializes. h) Any changes in the rates of tax. i) The occurrence of Slippage. j) The Client relying on functions such as Trailing Stop, Expert Advisor and Stop Loss Orders. k) Under abnormal Market Conditions. l) Any acts or omissions (including negligence and fraud) of the Client. m) For the Client’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). p) As a result of the Client engaging in Social Trading (if applicable). 28.3. If the Company, its Directors, Officers, employees, Affiliates, or Agents incur any claims, damage, liability, costs or expenses, which may arise in relation to the execution or as a result of the execution of the Agreement and/or in relation to the provision of the Services and/or in relation to the use of the Platform(s), that the Company, its Directors, Officers, employees, Affiliates, or Agents bear no responsibility whatsoever, it is the Client’s responsibility to indemnify the Company for such. 28.4. The Company shall in no circumstances be liable to the Client for any consequential, special, incidental or indirect losses, damages, loss of profits, loss of opportunity (including in relation to subsequent market movements), costs or expenses the Client may suffer in relation to the Agreement, the provision of the Services or the use of the Platform(s). 28.5. The Company’s cumulative liability to the Client shall not exceed the fees paid to the Company under this Agreement in relation to the particular Client for the Provision of the Services and use of the Platform(s).
Appears in 4 contracts
Samples: Client Agreement, Client Agreement, Client Agreement
Limitations of Liability and Indemnity. 28.1. In the event the Company provides information, recommendations, news, information relating to transactions, market commentary or research to the Client (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise), the Company shall not, in the absence of its fraud, willful wilful default or gross negligence, be liable for any losses, costs, expenses or damages suffered by the Client arising from any inaccuracy or mistake in any such information given.
28.2. The Company will not be held liable for any loss or damage or expense or loss incurred by the Client in relation to, or directly or indirectly arising from but not limited to:
(a) Any error or failure or interruption or disconnection in the operation of the Platform(s), or any delay caused by the Client Terminal or Transactions made via the Client Terminal, any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high internet traffic demand, security breaches and unauthorized access, and other similar computer problems and defects.
(b) Any failure by the Company to perform any of its obligations under the Agreement as a result of Force Majeure Event or any other cause beyond its control.
(c) The acts, omissions or negligence of any third party.
(d) Any person obtaining the Client’s Access Data that the Company has issued to the Client prior to the Client’s reporting to the Company of the misuse of his Access Data.
(e) Unauthorized third persons having access to information, including electronic addresses, electronic communication, personal data and Access Data when the above are transmitted between the Parties or any other party, using the internet or other network communication facilities, post, telephone, or any other electronic means.
(f) Any of the risks of the Risks Disclosure and Warnings Notice.
(g) Currency risk materializes.
(h) Any changes in the rates of tax.
(i) The occurrence of Slippage.
(j) The Client relying on functions such as Trailing Stop, Expert Advisor and Stop Loss Orders.
(k) Under abnormal Market Conditions.
(l) Any acts or omissions (including negligence and fraud) of the ClientClient and/or his Authorized Representative.
(m) For the Client’s or his Authorised Representative’s trading decisions.
(n) All Orders given through and under the Client’s Access Data.
(o) The contents, correctness, accuracy and completeness of any communication spread by the use of the Platform(s).
(p) As a result of the Client engaging in Social Trading (if applicable).
28.3. If the Company, its Directors, Officers, employees, Affiliates, or Agents incur any claims, damage, liability, costs or expenses, which may arise in relation to the execution or as a result of the execution of the Agreement and/or in relation to the provision of the Services and/or in relation to the use of the Platform(s), that the Company, its Directors, Officers, employees, Affiliates, or Agents bear no responsibility whatsoever, it is the Client’s responsibility to indemnify the Company for such.
28.4. The Company shall in no circumstances be liable to the Client for any consequential, special, incidental or indirect losses, damages, loss of profits, loss of opportunity (including in relation to subsequent market movements), costs or expenses the Client may suffer in relation to the Agreement, the provision of the Services or the use of the Platform(s).
28.5. The Company’s cumulative liability to the Client shall not exceed the fees paid to the Company under this Agreement in relation to the particular Client for the Provision of the Services and use of the Platform(s).
Appears in 4 contracts
Samples: Client Agreement, Client Agreement, Client Agreement
Limitations of Liability and Indemnity. 28.127.1. In the event the Company provides information, recommendations, news, information relating to transactions, market commentary or research to the Client (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise), the Company shall not, in the absence of its fraud, willful default or gross negligence, be liable for any losses, costs, expenses or damages suffered by the Client arising from any inaccuracy or mistake in any such information given.
28.227.2. The Company will not be held liable for any loss or damage or expense or loss incurred by the Client in relation to, or directly or indirectly arising from but not limited to:
(a) Any error or failure or interruption or disconnection in the operation of the Platform(s), or any delay caused by the Client Terminal or Transactions made via the Client Terminal, any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high internet traffic demand, security breaches and unauthorized unauthorised 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 their Access Data.;
(e) Unauthorized third persons having access to information, including electronic addresses, electronic communication, personal data and Access Data when the above are transmitted between the Parties or any other party, using the internet or other network communication facilities, post, telephone, or any other electronic means.;
(f) Any of the risks of the Risks Disclosure and Warnings Notice.;
(g) Currency risk materializes.materialising;
(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 actions or representations of the Introducer;
(m) Any acts or omissions (including negligence and fraud) of the Client.Client and/or their Authorised Representative;
m(n) For the Client’s or their Authorised Representative’s trading decisions.;
n(o) All Orders given through and under the Client’s Access Data.;
o(p) The contents, correctness, accuracy and completeness of any communication spread by the use of the Platform(s).;
p(q) As a result of the Client engaging in Social Trading social trading, under which the client is automatically following other traders’ Orders;
(if applicable)r) The solvency, acts or omissions of any third party referred to in clause 16.5.
28.3(s) A situation of clause 16.6. arises.
27.3. If the Company, its Directors, Officers, employees, Affiliates, or Agents incur any claims, damage, liability, costs or expenses, which may arise in relation to the execution or as a result of the execution of the Agreement and/or in relation to the provision of the Services and/or in relation to the use of the Platform(s), that the Company, its Directors, Officers, employees, Affiliates, or Agents bear no responsibility whatsoever, it is the Client’s responsibility to indemnify the Company for such.
28.427.4. The Company shall in no circumstances be liable to the Client for any consequential, special, incidental or indirect losses, damages, loss of profits, loss of opportunity (including in relation to subsequent market movements), costs or expenses the Client may suffer in relation to the Agreement, the provision of the Services or the use of the Platform(s).
28.527.5. The Company’s cumulative liability to the Client shall not exceed the fees paid to the Company under this Agreement in relation to the particular Client for the Provision of the Services and use of the Platform(s).
Appears in 3 contracts
Samples: Client Agreement, Client Agreement, Client Agreement
Limitations of Liability and Indemnity. 28.1. 13.1 In the event the Company provides information, recommendations, news, information relating to transactions, market commentary or research to the Client (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise), the Company shall not, in the absence of its fraud, willful default 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. Subject to the right of the Company to void or close any Transaction in the specific circumstances set out the Agreement, any Transaction following such inaccuracy or mistake shall nonetheless remain valid and binding in all respects on both the Company and the Client.
28.2. 13.2 The Company will not be held liable for any loss or damage or expense or loss incurred by the Client in relation to, or directly or indirectly arising from but not limited to:
a) A. Any error or failure or interruption or disconnection in the operation of the Platform(s)Trading Platform.
B. Errors in the settings of Client Terminal, or out-of-sequence Client Terminal update, any delay caused by the Client Terminal or Transactions made via Terminal, the Client not following the instructions on 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) C. Any hardware, software, connection bugs from the Client’s side.
D. All Orders placed under the Client’s Access Data.
E. Any failure by the Company to perform any of its obligations under the Agreement as a result of Force Majeure Event or any other cause beyond its controlEvent.
c) F. The acts, omissions omissions, or negligence of any third party.
dG. The solvency, acts, or omissions of any third party referred to in this paragraph 1.6. of PART B of this document (Client Agreement).
H. If a situation of paragraph 1.7. of PART B of this document (Client Agreement) arises.
I. Any person obtaining the Client’s Access Data that the Company has issued to the Client prior to the Client’s reporting to the Company of the misuse of his Access Data.
e) J. Unauthorized third persons having access to information, including electronic addresses, electronic communication, personal data and Access Data when the above are transmitted between the Parties or any other party, using the internet or other network communication facilities, post, telephone, or any other electronic means;
K. Any actions or representations of the Introducer.
f) Any of the risks of the Risks Disclosure and Warnings Notice.
g) L. Currency risk materializesunauthorized .
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.
m) For the Client’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).
p) As a result of the Client engaging in Social Trading (if applicable).
28.3. If the Company, its Directors, Officers, employees, Affiliates, or Agents incur any claims, damage, liability, costs or expenses, which may arise in relation to the execution or as a result of the execution of the Agreement and/or in relation to the provision of the Services and/or in relation to the use of the Platform(s), that the Company, its Directors, Officers, employees, Affiliates, or Agents bear no responsibility whatsoever, it is the Client’s responsibility to indemnify the Company for such.
28.4. The Company shall in no circumstances be liable to the Client for any consequential, special, incidental or indirect losses, damages, loss of profits, loss of opportunity (including in relation to subsequent market movements), costs or expenses the Client may suffer in relation to the Agreement, the provision of the Services or the use of the Platform(s).
28.5. The Company’s cumulative liability to the Client shall not exceed the fees paid to the Company under this Agreement in relation to the particular Client for the Provision of the Services and use of the Platform(s).
Appears in 3 contracts
Samples: Client Agreement, Client Agreement, Client Agreement
Limitations of Liability and Indemnity. 28.131.1. Nothing in the Agreement will exclude or restrict any obligation or liability which the Company may have or owe to the Client under applicable regulations, nor any liability which the Company may incur under the Law and applicable regulations in respect of a breach of any such obligation, not will anything in the Agreement require the Client to indemnify or compensate the Company to any extent prohibited by applicable regulations.
31.2. In the event the Company provides information, recommendations, news, information relating to transactions, transactions or market commentary or research to the The Client (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise), the Company shall not, in the absence of its fraud, willful wilful default or gross negligence, be liable for any losses, costs, expenses or damages suffered by the Client arising from any inaccuracy or mistake in any such information given.
28.231.3. The Company will shall not be held liable for any loss or damage or expense or loss incurred by to the Client in relation to, Customer related to or directly or indirectly arising from but due to (the list is not limited to:exhaustive):
a) Any error or Error, failure or interruption or disconnection in the operation of the Platform(s)Platform, or any delay caused by the Client Terminal Customer's device or Transactions transactions made via through the Client TerminalCustomer's device, any technical problems, system malfunctions and failures and malfunctionsin the system, failures in communication line failureslines, equipment or software failures or malfunctionssoftware, problems with access to system access issues, and system capacity issuescapacity, high internet traffic demandtraffic, security breaches breach 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 Unauthorised 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 “Risk Disclosure Statement and Warnings Warning Notice.”;
g) Currency risk materializes.materialising;
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 Abnormal Market Conditions.;
l) Any actions or representations of the Introducer;
m) Any acts or omissions (including negligence and fraud) of the Client.Client and/or his Authorised Representative;
mn) For the Client’s or his/her Authorised Representative’s trading decisions.;
no) All Orders given through and under the Client’s Access Data.;
op) The contents, correctness, accuracy and completeness of any communication spread by the use of the Trading Platform(s).;
pq) As a result of the Client engaging in Social Trading (if applicable)social trading, under which the Client is automatically following other traders Orders;
r) Bankruptcy, actions or inaction of third parties, specified in item 16.5.;
28.3s) Occurrence of a situation referred to in item 16.6..
31.4. If the Company, its Directors, Officersdirectors, employees, Affiliates, associates or Agents agents incur any claims, damagedamages, liability, costs liabilities or expenses, which may arise expenses in relation to connection with the execution performance or as a result of the execution performance of the Agreement and/or in relation to connection with the provision of the Services and/or in relation to connection with the use of the Platform(s)Platform, that the then The Company, its Directorsdirectors, Officersofficers, employees, Affiliates, associates or Agents bear agents shall have no responsibility liability whatsoever, ; it is the Client’s 's responsibility to indemnify the Company for suchagainst such claims, damages, liabilities or expenses.
28.431.5. The In no case shall the Company shall in no circumstances be liable to the Client for any consequential, special, incidental or indirect losses, damages, loss of profits, loss of opportunity (including in relation to subsequent market movements), costs or expenses the Client may suffer in relation to the Agreement, the provision of the Services or the use of the Platform(s).
28.5. The Company’s cumulative liability to the Client shall damages that are not exceed the fees paid to the Company under this Agreement in relation to the particular Client for the Provision of the Services and use of the Platform(s).direct,
Appears in 3 contracts
Samples: Client Agreement, Client Agreement, Client Agreement
Limitations of Liability and Indemnity. 28.1. In the event the Company provides information, recommendations, news, information relating to transactions, market commentary or research to the Client (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise), the Company shall not, in the absence of its fraud, willful default or gross negligence, be liable for any losses, costs, expenses or damages suffered by the Client arising from any inaccuracy or mistake in any such information given.
28.2. The Company will not be held liable for any loss or damage or expense or loss incurred by the Client in relation to, or directly or indirectly arising from but not limited to:
a) Any error or failure or interruption or disconnection in the operation of the Platform(s), or any delay caused by the Client Terminal or Transactions made via the Client Terminal, any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high internet traffic demand, security breaches and unauthorized access, and other similar computer problems and defects.
b) Any failure by the Company to perform any of its obligations under the Agreement as a result of Force Majeure Event or any other cause beyond its control.
c) The acts, omissions or negligence of any third party.
d) Any person obtaining the Client’s Access Data that the Company has issued to the Client prior to the Client’s reporting to the Company of the misuse of his Access Data.
e) Unauthorized third persons having access to information, including electronic addresses, electronic communication, personal data and Access Data when the above are transmitted between the Parties or any other party, using the internet or other network communication facilities, post, telephone, or any other electronic means.
f) Any of the risks of the Risks Disclosure and Warnings Notice.
g) Currency risk materializes.
h) Any changes in the rates of tax.
i) The occurrence of Slippage.
j) The Client relying on functions such as Trailing Stop, Expert Advisor and Stop Loss Orders.
k) Under abnormal Market Conditions.
l) Any acts or omissions (including negligence and fraud) of the Client.
m) For the Client’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).
p) As a result of the Client engaging in Social Trading (if applicable).
28.3. If the Company, its Directors, Officers, employees, Affiliates, or Agents incur any claims, damage, liability, costs or expenses, which may arise in relation to the execution or as a result of the execution of the Agreement and/or in relation to the provision of the Services and/or in relation to the use of the Platform(s), that the Company, its Directors, Officers, employees, Affiliates, or Agents bear no responsibility whatsoever, it is the Client’s responsibility to indemnify the Company for such. 28.
28.4. The Company shall in no circumstances be liable to the Client for any consequential, special, incidental or indirect losses, damages, loss of profits, loss of opportunity (including in relation to subsequent market movements), costs or expenses the Client may suffer in relation to the Agreement, the provision of the Services or the use of the Platform(s).
28.5. The Company’s cumulative liability to the Client shall not exceed the fees paid to the Company under this Agreement in relation to the particular Client for the Provision of the Services and use of the Platform(s).
Appears in 2 contracts
Samples: Client Agreement, Client Agreement
Limitations of Liability and Indemnity. 28.127.1. In the event the Company provides information, recommendations, news, information relating to transactions, market commentary or research to the Client (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise), the Company shall not, in the absence of its fraud, willful wilful default or gross negligence, be liable for any losses, costs, expenses or damages suffered by the Client arising from any inaccuracy or mistake in any such information given.
28.227.2. The Company will not be held liable for any loss or damage or expense or loss incurred by the Client in relation to, or directly or indirectly arising from but not limited to:
(a) Any error or failure or interruption or disconnection in the operation of the Platform(s), or any delay caused by the Client Terminal or Transactions made via the Client Terminal, any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high internet traffic demand, security breaches and unauthorized unauthorised 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 Unauthorised third persons having access to information, including electronic addresses, electronic communication, personal data and Access Data when the above are transmitted between the Parties or any other party, using the internet or other network communication facilities, post, telephone, or any other electronic means.;
(f) Any of the risks of the Risks Disclosure and Warnings Notice.;
(g) Currency risk materializes.materialiasing
(h) Any changes in the rates of tax.;
(i) The occurrence of Slippage.;
(j) The Client relying on functions such as Trailing Stop, Expert Agent Advisor and Stop Loss Orders.;
(k) Under abnormal Market Conditions.;
(l) Any actions or representations of the Introducer;
(m) Any acts or omissions (including negligence and fraud) of the Client.Client and/or his Authorised Representative;
m(n) For the Client’s or his Authorised Representative’s trading decisions.;
n(o) All Orders given through and under the Client’s Access Data.;
o(p) The contents, correctness, accuracy and completeness of any communication spread by the use of the Platform(s).;
p(q) As a result of the Client engaging in Social Trading social trading, under which the client is automatically following other traders Orders;
(if applicable)r) The solvency, acts or omissions of any third party referred to in paragraph 16.5.
28.3(s) A situation of paragraph 16.6. arises.
27.3. If the Company, its Directors, Officers, employees, Affiliates, or Agents incur any claims, damage, liability, costs or expenses, which may arise in relation to the execution or as a result of the execution of the Agreement and/or in relation to the provision of the Services and/or in relation to the use of the Platform(s), that the Company, its Directors, Officers, employees, Affiliates, or Agents bear no responsibility whatsoever, it is the Client’s responsibility to indemnify the Company for such.
28.427.4. The Company shall in no circumstances be liable to the Client for any consequential, special, incidental or indirect losses, damages, loss of profits, loss of opportunity (including in relation to subsequent market movements), costs or expenses the Client may suffer in relation to the Agreement, the provision of the Services or the use of the Platform(s).
28.527.5. The Company’s cumulative liability to the Client shall not exceed the fees paid to the Company under this Agreement in relation to the particular Client for the Provision of the Services and use of the Platform(s).
Appears in 2 contracts
Samples: Client Agreement, Client Agreement
Limitations of Liability and Indemnity. 28.1. 13.1 In the event the Company provides information, recommendations, news, information relating to transactions, market commentary or research to the Client (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise), the Company shall not, in the absence of its fraud, willful default 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. Subject to the right of the Company to void or close any Transaction in the specific circumstances set out the Agreement, any Transaction following such inaccuracy or mistake shall nonetheless remain valid and binding in all respects on both the Company and the Client.
28.2. 13.2 The Company will not be held liable for any loss or damage or expense or loss incurred by the Client in relation to, or directly or indirectly arising from but not limited to:the
a) A. Any error or failure or interruption or disconnection in the operation of the Platform(s)Trading Platform.
B. Errors in the settings of Client Terminal, or out-of-sequence Client Terminal update, any delay caused by the Client Terminal or Transactions made via Terminal, the Client not following the instructions on 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) C. Any hardware, software, connection bugs from the Client’s side.
D. All Orders placed under the Client’s Access Data.
E. Any failure by the Company to perform any of its obligations under the Agreement as a result of Force Majeure Event or any other cause beyond its controlEvent.
c) F. The acts, omissions omissions, or negligence of any third party.
dG. The solvency, acts, or omissions of any third party referred to in this paragraph 1.6. of PART B of this document (Client Agreement).
H. If a situation of paragraph 1.7. of PART B of this document (Client Agreement) arises.
I. Any person obtaining the Client’s Access Data that the Company has issued to the Client prior to the Client’s reporting to the Company of the misuse of his Access Data.
e) J. Unauthorized third persons having access to information, including electronic addresses, electronic communication, personal data and Access Data when the above are transmitted between the Parties or any other party, using the internet or other network communication facilities, post, telephone, or any other electronic means;
K. Any actions or representations of the Introducer.
f) Any of the risks of the Risks Disclosure and Warnings Notice.
g) L. Currency risk materializesmaterialising.
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.
m) For the Client’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).
p) As a result of the Client engaging in Social Trading (if applicable).
28.3. If the Company, its Directors, Officers, employees, Affiliates, or Agents incur any claims, damage, liability, costs or expenses, which may arise in relation to the execution or as a result of the execution of the Agreement and/or in relation to the provision of the Services and/or in relation to the use of the Platform(s), that the Company, its Directors, Officers, employees, Affiliates, or Agents bear no responsibility whatsoever, it is the Client’s responsibility to indemnify the Company for such.
28.4. The Company shall in no circumstances be liable to the Client for any consequential, special, incidental or indirect losses, damages, loss of profits, loss of opportunity (including in relation to subsequent market movements), costs or expenses the Client may suffer in relation to the Agreement, the provision of the Services or the use of the Platform(s).
28.5. The Company’s cumulative liability to the Client shall not exceed the fees paid to the Company under this Agreement in relation to the particular Client for the Provision of the Services and use of the Platform(s).
Appears in 2 contracts
Samples: Client Agreement, Client Agreement
Limitations of Liability and Indemnity. 28.127.1. In the event the Company provides information, recommendations, news, information relating to transactions, market commentary or research to the Client (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise), the Company shall not, in the absence of its fraud, willful default or gross negligence, be liable for any losses, costs, expenses or damages suffered by the Client arising from any inaccuracy or mistake in any such information given.
28.227.2. The Company will not be held liable for any loss or damage or expense or loss incurred by the Client in relation to, or directly or indirectly arising from but not limited to:
(a) Any error or failure or interruption or disconnection in the operation of the Platform(s), or any delay caused by the Client Terminal or Transactions made via the Client Terminal, any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high internet traffic demand, security breaches and unauthorized access, and other similar computer problems and defects.;
(b) Any failure by the Company to perform any of its obligations under the Agreement as a result of Force Majeure Event or any other cause beyond its control.;
(c) The acts, omissions or negligence of any third party.;
(d) Any person obtaining the Client’s Access Data that the Company has issued to the Client prior to the Client’s reporting to the Company of the misuse of his Access Data.;
(e) Unauthorized third persons having access to information, including electronic addresses, electronic communication, personal data and Access Data when the above are transmitted between the Parties or any other party, using the internet or other network communication facilities, post, telephone, or any other electronic means.;
(f) Any of the risks of the Risks Disclosure and Warnings Notice.;
(g) Currency risk materializes.materializing;
(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 actions or representations of the Introducer;
(m) Any acts or omissions (including negligence and fraud) of the Client.Client and/or his Authorized Representative;
m(n) For the Client’s or his Authorised Representative’s trading decisions.;
n(o) All Orders given through and under the Client’s Access Data.;
o(p) The contents, correctness, accuracy and completeness of any communication spread by the use of the Platform(s).;
p(q) As a result of the Client engaging in Social Trading social trading, under which the client is automatically following other traders Orders;
(if applicable)r) The solvency, acts or omissions of any third party referred to in paragraph 16.5.
28.3(s) A situation of paragraph 16.6. arises.
27.3. If the Company, its Directors, Officers, employees, Affiliates, or Agents incur any claims, damage, liability, costs or expenses, which may arise in relation to the execution or as a result of the execution of the Agreement and/or in relation to the provision of the Services and/or in relation to the use of the Platform(s), that the Company, its Directors, Officers, employees, Affiliates, or Agents bear no responsibility whatsoever, it is the Client’s responsibility to indemnify the Company for such.
28.427.4. The Company shall in no circumstances be liable to the Client for any consequential, special, incidental or indirect losses, damages, loss of profits, loss of opportunity (including in relation to subsequent market movements), costs or expenses the Client may suffer in relation to the Agreement, the provision of the Services or the use of the Platform(s).
28.527.5. The Company’s cumulative liability to the Client shall not exceed the fees paid to the Company under this Agreement in relation to the particular Client for the Provision of the Services and use of the Platform(s).
Appears in 2 contracts
Samples: Client Agreement, Client Agreement
Limitations of Liability and Indemnity. 28.1. In the event the Company provides information, recommendations, news, information relating to transactions, market commentary or research to the Client (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise), the Company shall not, in the absence of its fraud, willful default or gross negligence, be liable for any losses, costs, expenses or damages suffered by the Client arising from any inaccuracy or mistake in any such information given.
28.2. The Company will not be held liable for any loss or damage or expense or loss incurred by the Client in relation to, or directly or indirectly arising from but not limited to:
a) : • Any error or failure or interruption or disconnection in the operation of the Platform(s), or any delay caused by the Client Terminal or Transactions made via the Client Terminal, any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high internet traffic demand, security breaches and unauthorized access, and other similar computer problems and defects.
b) . • Any failure by the Company to perform any of its obligations under the Agreement as a result of Force Majeure Event or any other cause beyond its control.
c) . • The acts, omissions or negligence of any third party.
d) . • Any person obtaining the Client’s Access Data that the Company has issued to the Client prior to the Client’s reporting to the Company of the misuse of his Access Data.
e) Unauthorized . • Unauthorised third persons having access to information, including electronic addresses, electronic communication, personal data and Access Data when the above are transmitted between the Parties or any other party, using the internet or other network communication facilities, post, telephone, or any other electronic means.
f) . • Any of the risks of the Risks Disclosure and Warnings Notice.
g) . • Currency risk materializes.
h) . • Any changes in the rates of tax.
i) . • The occurrence of Slippage.
j) . • The Client relying on functions such as Trailing Stop, Expert Advisor and Stop Loss Orders.
k) . • Under abnormal Market Conditions.
l) . • Any acts or omissions (including negligence and fraud) of the Client.
m) Client and/or his Authorised Representative. • For the Client’s or his Authorised Representative’s trading decisions.
n) . • All Orders given through and under the Client’s Access Data.
o) . • The contents, correctness, accuracy and completeness of any communication spread by the use of the Platform(s).
p) . • As a result of the Client engaging in Social Trading (if applicable).
28.3. If the Company, its Directors, Officers, employees, Affiliates, or Agents incur any claims, damage, liability, costs or expenses, which may arise in relation to the execution or as a result of the execution of the Agreement and/or in relation to the provision of the Services and/or in relation to the use of the Platform(s), that the Company, its Directors, Officers, employees, Affiliates, or Agents bear no responsibility whatsoever, it is the Client’s responsibility to indemnify the Company for such.
28.4. The Company shall in no circumstances be liable to the Client for any consequential, special, incidental or indirect losses, damages, loss of profits, loss of opportunity (including in relation to subsequent market movements), costs or expenses the Client may suffer in relation to the Agreement, the provision of the Services or the use of the Platform(s).
28.5. The Company’s cumulative liability to the Client shall not exceed the fees paid to the Company under this Agreement in relation to the particular Client for the Provision of the Services and use of the Platform(s).
Appears in 2 contracts
Samples: Client Agreement, Client Agreement
Limitations of Liability and Indemnity. 28.127.1. In the event the Company provides information, recommendations, news, information relating to transactions, market commentary or research to the Client (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise), the Company shall not, in the absence of its fraud, willful default or gross negligence, be liable for any losses, costs, expenses or damages suffered by the Client arising from any inaccuracy or mistake in any such information given.
28.227.2. The Company will not be held liable for any loss or damage or expense or loss incurred by the Client in relation to, or directly or indirectly arising from but not limited to:
(a) Any error or failure or interruption or disconnection in the operation of the Platform(s), or any delay caused by the Client Terminal or Transactions made via the Client Terminal, any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high internet traffic demand, security breaches and unauthorized access, and other similar computer problems and defects.;
(b) Any failure by the Company to perform any of its obligations under the Agreement as a result of Force Majeure Event or any other cause beyond its control.;
(c) The acts, omissions or negligence of any third party.;
(d) Any person obtaining the Client’s Access Data that the Company has issued to the Client prior to the Client’s reporting to the Company of the misuse of his Access Data.;
(e) Unauthorized third persons having access to information, including electronic addresses, electronic communication, personal data and Access Data when the above are transmitted between the Parties or any other party, using the internet or other network communication facilities, post, telephone, or any other electronic means.;
(f) Any of the risks of the Risks Disclosure and Warnings Notice.;
(g) Currency risk materializes.materializing;
(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.
m) For the Client’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).
p) As a result of the Client engaging in Social Trading (if applicable).
28.3. If the Company, its Directors, Officers, employees, Affiliates, or Agents incur any claims, damage, liability, costs or expenses, which may arise in relation to the execution or as a result of the execution of the Agreement and/or in relation to the provision of the Services and/or in relation to the use of the Platform(s), that the Company, its Directors, Officers, employees, Affiliates, or Agents bear no responsibility whatsoever, it is the Client’s responsibility to indemnify the Company for such.
28.4. The Company shall in no circumstances be liable to the Client for any consequential, special, incidental or indirect losses, damages, loss of profits, loss of opportunity (including in relation to subsequent market movements), costs or expenses the Client may suffer in relation to the Agreement, the provision of the Services or the use of the Platform(s).
28.5. The Company’s cumulative liability to the Client shall not exceed the fees paid to the Company under this Agreement in relation to the particular Client for the Provision of the Services and use of the Platform(s).;
Appears in 2 contracts
Samples: Client Agreement, Client Agreement
Limitations of Liability and Indemnity. 28.1. 13.1 In the event the Company provides information, recommendations, news, information relating to transactions, market commentary or research to the Client (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise), the Company shall not, in the absence of its fraud, willful default 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. Subject to the right of the Company to void or close any Transaction in the specific circumstances set out the Agreement, any Transaction following such inaccuracy or mistake shall nonetheless remain valid and binding in all respects on both the Company and the Client.
28.2. 13.2 The Company will not be held liable for any loss or damage or expense or loss incurred by the Client in relation to, or directly or indirectly arising from but not limited to:
a) A. Any error or failure or interruption or disconnection in the operation of the Platform(s)Trading Platform;
B. Errors in the settings of Client Terminal, or out-of-sequence Client Terminal update, any delay caused by the Client Terminal or Transactions made via Terminal, the Client not following the instructions on the Client Terminal;
C. Any hardware, any technical problemssoftware, 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.connection bugs from the Client’s side;
b) D. All Orders placed under the Client’s Access Data;
E. 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.Event;
c) F. The acts, omissions or negligence of any third party.;
d) G. The solvency, acts or omissions of any third party referred to in this paragraph 1.6. of PART B of this document (Client Agreement);
H. If a situation of paragraph 1.7. of PART B of this document (Client Agreement)arises;
I. Any person obtaining the Client’s Access Data that the Company has issued to the Client prior to the Client’s reporting to the Company of the misuse of his Access Data.;
e) J. Unauthorized third persons having access to information, including electronic addresses, electronic communication, personal data and Access Data when the above are transmitted between the Parties or any other party, using the internet or other network communication facilities, post, telephone, or any other electronic means.;
f) K. Any actions or representations of the risks of the Risks Disclosure and Warnings Notice.Introducer;
g) L. Currency risk materializes.
h) Any changes in the rates of tax.
i) The occurrence materialising; M. 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.
m) For the Client’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).
p) As a result of the Client engaging in Social Trading (if applicable).
28.3. If the Company, its Directors, Officers, employees, Affiliates, or Agents incur any claims, damage, liability, costs or expenses, which may arise in relation to the execution or as a result of the execution of the Agreement and/or in relation to the provision of the Services and/or in relation to the use of the Platform(s), that the Company, its Directors, Officers, employees, Affiliates, or Agents bear no responsibility whatsoever, it is the Client’s responsibility to indemnify the Company for such.
28.4. The Company shall in no circumstances be liable to the Client for any consequential, special, incidental or indirect losses, damages, loss of profits, loss of opportunity (including in relation to subsequent market movements), costs or expenses the Client may suffer in relation to the Agreement, the provision of the Services or the use of the Platform(s).
28.5. The Company’s cumulative liability to the Client shall not exceed the fees paid to the Company under this Agreement in relation to the particular Client for the Provision of the Services and use of the Platform(s).;
Appears in 2 contracts
Samples: Client Agreement, Client Agreement
Limitations of Liability and Indemnity. 28.1. In the event the Company provides information, recommendations, news, information relating to transactions, market commentary or research to the Client (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise), the Company shall not, in the absence of its fraud, willful default or gross negligence, be liable for any losses, costs, expenses or damages suffered by the Client arising from any inaccuracy or mistake in any such information given.
28.2. The Company will not be held liable for any loss or damage or expense or loss incurred by the Client in relation to, or directly or indirectly arising from but not limited to:
(a) Any error or failure or interruption or disconnection in the operation of the Platform(s), or any delay caused by the Client Terminal or Transactions made via the Client Terminal, any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high internet traffic demand, security breaches and unauthorized access, and other similar computer problems and defects.
(b) Any failure by the Company to perform any of its obligations under the Agreement as a result of Force Majeure Event or any other cause beyond its control.
(c) The acts, omissions or negligence of any third party.
(d) Any person obtaining the Client’s Access Data that the Company has issued to the Client prior to the Client’s reporting to the Company of the misuse of his Access Data.
(e) Unauthorized third persons having access to information, including electronic addresses, electronic communication, personal data and Access Data when the above are transmitted between the Parties or any other party, using the internet or other network communication facilities, post, telephone, or any other electronic means.
(f) Any of the risks of the Risks Disclosure and Warnings Notice.
(g) Currency risk materializes.
(h) Any changes in the rates of tax.
(i) The occurrence of Slippage.
(j) The Client relying on functions such as Trailing Stop, Expert Advisor and Stop Loss Orders.
(k) Under abnormal Market Conditions.
(l) Any acts or omissions (including negligence and fraud) of the ClientClient and/or his Authorized Representative.
(m) For the Client’s or his Authorised Representative’s trading decisions.
(n) All Orders given through and under the Client’s Access Data.
(o) The contents, correctness, accuracy and completeness of any communication spread by the use of the Platform(s).
(p) As a result of the Client engaging in Social Trading (if applicable).
28.3. If the Company, its Directors, Officers, employees, Affiliates, or Agents incur any claims, damage, liability, costs or expenses, which may arise in relation to the execution or as a result of the execution of the Agreement and/or in relation to the provision of the Services and/or in relation to the use of the Platform(s), that the Company, its Directors, Officers, employees, Affiliates, or Agents bear no responsibility whatsoever, it is the Client’s responsibility to indemnify the Company for such.
28.4. The Company shall in no circumstances be liable to the Client for any consequential, special, incidental or indirect losses, damages, loss of profits, loss of opportunity (including in relation to subsequent market movements), costs or expenses the Client may suffer in relation to the Agreement, the provision of the Services or the use of the Platform(s).
28.5. The Company’s cumulative liability to the Client shall not exceed the fees paid to the Company under this Agreement in relation to the particular Client for the Provision of the Services and use of the Platform(s).
Appears in 2 contracts
Samples: Client Agreement, Client Agreement
Limitations of Liability and Indemnity. 28.1. In the event the Company provides information, recommendations, news, information relating to transactions, market commentary or research to the Client (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise), the Company shall not, in the absence of its fraud, willful default or gross negligence, be liable for any losses, costs, expenses or damages suffered by the Client arising from any inaccuracy or mistake in any such information given.
28.2. The Company will not be held liable for any loss or damage or expense or loss incurred by the Client in relation to, or directly or indirectly arising from but not limited to:
(a) Any error or failure or interruption or disconnection in the operation of the Platform(s), or any delay caused by the Client Terminal or Transactions made via the Client Terminal, any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high internet traffic demand, security breaches and unauthorized access, and other similar computer problems and defects.
(b) Any failure by the Company to perform any of its obligations under the Agreement as a result of Force Majeure Event or any other cause beyond its control.
(c) The acts, omissions or negligence of any third party.
(d) Any person obtaining the Client’s Access Data that the Company has issued to the Client prior to the Client’s reporting to the Company of the misuse of his Access Data.
(e) Unauthorized third persons having access to information, including electronic addresses, electronic communication, personal data and Access Data when the above are transmitted between the Parties or any other party, using the internet or other network communication facilities, post, telephone, or any other electronic means.
(f) Any of the risks of the Risks Disclosure and Warnings Notice.
(g) Currency risk materializesrisk.
(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 actions or representations of the Introducer.
(m) Any acts or omissions (including negligence and fraud) of the ClientClient and/or his Authorized Representative.
m(n) For the Client’s or his Authorized Representative’s trading decisions.
n(o) All Orders given through and under the Client’s Access Data.
o(p) The contents, correctness, accuracy and completeness of any communication spread by the use of the Platform(s).
p(q) As a result of the Client engaging in Social Trading Trading.
(if applicable)r) The solvency, acts or omissions of any third party referred to in this paragraph 16.6.
(s) A situation of paragraph 16.7. arises.
28.3. If the Company, its Directors, Officers, employees, Affiliates, or Agents incur any claims, damage, liability, costs or expenses, which may arise in relation to the execution or as a result of the execution of the Agreement and/or in relation to the provision of the Services and/or in relation to the use of the Platform(s), that the Company, its Directors, Officers, employees, Affiliates, or Agents bear no responsibility whatsoever, it is the Client’s responsibility to indemnify the Company for such.
28.4. The Company shall in no circumstances be liable to the Client for any consequential, special, incidental or indirect losses, damages, loss of profits, loss of opportunity (including in relation to subsequent market movements), costs or expenses the Client may suffer in relation to the Agreement, the provision of the Services or the use of the Platform(s).
28.5. The Company’s cumulative liability to the Client shall not exceed the fees paid to the Company under this Agreement in relation to the particular Client for the Provision of the Services and use of the Platform(s).
Appears in 2 contracts
Samples: Client Agreement, Client Agreement
Limitations of Liability and Indemnity. 28.127.1. In the event the Company provides information, recommendations, news, information relating to transactions, market commentary or research to the Client (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise), the Company shall not, in the absence of its fraud, willful default or gross negligence, be liable for any losses, costs, expenses or damages suffered by the Client arising from any inaccuracy or mistake in any such information given.
28.227.2. The Company will not be held liable for any loss or damage or expense or loss incurred by the Client in relation to, or directly or indirectly arising from but not limited to:
(a) Any error or failure or interruption or disconnection in the operation of the Platform(s), or any delay caused by the Client Terminal or Transactions made via the Client Terminal, any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high internet traffic demand, security breaches and unauthorized access, and other similar computer problems and defects.;
(b) Any failure by the Company to perform any of its obligations under the Agreement as a result of Force Majeure Event or any other cause beyond its control.;
(c) The acts, omissions or negligence of any third party.;
(d) Any person obtaining the Client’s Access Data that the Company has issued to the Client prior to the Client’s reporting to the Company of the misuse of his Access Data.;
(e) Unauthorized third persons having access to information, including electronic addresses, electronic communication, personal data and Access Data when the above are transmitted between the Parties or any other party, using the internet or other network communication facilities, post, telephone, or any other electronic means.;
(f) Any of the risks of the Risks Disclosure and Warnings Notice.;
(g) Currency risk materializes.materializing;
(h) Any changes in the rates of tax.; @xxxxxxxx.xxx
(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 actions or representations of the Introducer;
(m) Any acts or omissions (including negligence and fraud) of the Client.Client and/or his Authorized Representative;
m(n) For the Client’s or his Authorised Representative’s trading decisions.;
n(o) All Orders given through and under the Client’s Access Data.;
o(p) The contents, correctness, accuracy and completeness of any communication spread by the use of the Platform(s).;
p(q) As a result of the Client engaging in Social Trading social trading, under which the client is automatically following other traders Orders;
(if applicable)r) The solvency, acts or omissions of any third party referred to in paragraph 16.5.
28.3(s) A situation of paragraph 16.6. arises.
27.3. If the Company, its Directors, Officers, employees, Affiliates, or Agents incur any claims, damage, liability, costs or expenses, which may arise in relation to the execution or as a result of the execution of the Agreement and/or in relation to the provision of the Services and/or in relation to the use of the Platform(s), that the Company, its Directors, Officers, employees, Affiliates, or Agents bear no responsibility whatsoever, it is the Client’s responsibility to indemnify the Company for such.
28.427.4. The Company shall in no circumstances be liable to the Client for any consequential, special, incidental or indirect losses, damages, loss of profits, loss of opportunity (including in relation to subsequent market movements), costs or expenses the Client may suffer in relation to the Agreement, the provision of the Services or the use of the Platform(s).
28.527.5. The Company’s cumulative liability to the Client shall not exceed the fees paid to the Company under this Agreement in relation to the particular Client for the Provision of the Services and use of the Platform(s).
Appears in 1 contract
Samples: Client Agreement
Limitations of Liability and Indemnity. 28.127.1. In the event the Company provides information, recommendations, news, information relating to transactions, market commentary or research to the Client (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise), the Company shall not, in the absence of its fraud, willful default or gross negligence, be liable for any losses, costs, expenses or damages suffered by the Client arising from any inaccuracy or mistake in any such information given.
28.227.2. The Company will not be held liable for any loss or damage damage, or expense or loss incurred by the Client in relation to, or directly or indirectly arising from but not limited to:
a) : • Any error or failure or interruption or disconnection in the operation of the Platform(s), or any delay caused by the Client Terminal or Transactions made via the Client Terminal, any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high internet traffic demand, security breaches and unauthorized access, and other similar computer problems and defects.
b) . • Any failure by the Company to perform any of its obligations under the Agreement as a result of Force Majeure Event or any other cause beyond its control.
c) . The acts, omissions or negligence of any third party.
d) . • Any person obtaining the Client’s Access Data that the Company has issued to the Client prior to the Client’s reporting to the Company of the misuse of his Access Data.
e) . • Unauthorized third persons having access to information, including electronic addresses, electronic communication, personal data and Access Data when the above are transmitted between the Parties or any other party, using the internet or other network communication facilities, post, telephone, or any other electronic means.
f) . • Any of the risks of the Risks Disclosure and Warnings Notice.
g) . • Currency risk materializes.
h) risk. • 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.
m) Client and/or his Authorized Representative. • 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).
p) . • As a result of the Client engaging in Social Trading (if applicable).
28.327.3. If the Company, its Directors, Officers, employees, Affiliates, or Agents incur any claims, damage, liability, costs or expenses, which may arise in relation to the execution or as a result of the execution of the Agreement and/or in relation to the provision of the Services and/or in relation to the use of the Platform(s), that the Company, its Directors, Officers, employees, Affiliates, or Agents bear no responsibility whatsoever, it is the Client’s responsibility to indemnify the Company for such.
28.427.4. The Company shall in no circumstances be liable to the Client for any consequential, special, incidental or indirect losses, damages, loss of profits, loss of opportunity (including in relation to subsequent market movements), costs or expenses the Client may suffer in relation to the Agreement, the provision of the Services or the use of the Platform(s).
28.527.5. The Company’s cumulative liability to the Client shall not exceed the fees paid to the Company under this Agreement in relation to the particular Client for the Provision of the Services and use of the Platform(s).
Appears in 1 contract
Samples: Terms and Conditions
Limitations of Liability and Indemnity. 28.11. In the event the Company provides information, recommendations, news, information relating to transactions, market commentary or research to the Client (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise), the Company shall not, in the absence of its fraud, willful default or gross negligence, be liable for any losses, costs, expenses or damages suffered by the Client arising from any inaccuracy or mistake in any such information given.
28.22. The Company will not be held liable for any loss or damage or expense or loss incurred by the Client in relation to, or directly or indirectly arising from but not limited to:
(a) Any error or failure or interruption or disconnection in the operation of the Platform(s), or any delay caused by the Client Terminal or Transactions made via the Client Terminal, any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high internet traffic demand, security breaches and unauthorized access, and other similar computer problems and defects.;
(b) Any failure by the Company to perform any of its obligations under the Agreement as a result of Force Majeure Event or any other cause beyond its control.;
(c) The acts, omissions or negligence of any third party.;
(d) Any person obtaining the Client’s Access Data that the Company has issued to the Client prior to the Client’s reporting to the Company of the misuse of his Access Data.;
(e) Unauthorized third persons having access to information, including electronic addresses, electronic communication, personal data and Access Data when the above are transmitted between the Parties or any other party, using the internet or other network communication facilities, post, telephone, or any other electronic means.;
(f) Any of the risks of the Risks Disclosure and Warnings Notice.;
(g) Currency risk materializes.materializing;
(h) Any changes in the rates of tax.;
(i) The occurrence of Slippage.ofSlippage;
(j) The Client relying on functions such as Trailing Stop, Expert Advisor and Advisorand Stop Loss Orders.;
(k) Under abnormal Market Conditions.;
(l) Any actions or representations of the Introducer;
(m) Any acts or omissions (including negligence and fraud) of the Client.Client and/or his Authorized Representative;
m(n) For the Client’s or his Authorized Representative’s trading decisions.;
n(o) All Orders given through and under the Client’s Access Data.;
o(p) The contents, correctness, accuracy and completeness of any ofany communication spread by the use of the Platform(s).;
p(q) As a result of the Client engaging in Social Trading social trading, under which the client is automatically following other traders Orders;
(if applicable)r) The solvency, acts or omissions of any third party referred to in paragraph 16.5.
28.3(s) Asituation of paragraph 16.6.arises.
3. If the Company, its Directors, Officers, employees, Affiliates, or Agents incur any claims, damage, liability, costs or expenses, which may arise in relation to the execution or as a result of the execution of the Agreement and/or in relation to the provision of the Services and/or in relation to the use of the Platform(s), that the Company, its Directors, Officers, employees, Affiliates, or Agents bear no responsibility whatsoever, it is the Client’s responsibility to indemnify the Company for such.
28.44. The Company shall in no circumstances be liable to the Client for any consequential, special, incidental or indirect losses, damages, loss of profits, loss of opportunity (including in relation to subsequent market movements), costs or expenses the Client may suffer in relation to the Agreement, the provision of the Services or the use of the Platform(s).
28.55. The Company’s cumulative liability to the Client shall not exceed the fees paid to the Company under this Agreement in relation to the particular Client for the Provision of the Services and use of the Platform(s).
Appears in 1 contract
Samples: Client Agreement
Limitations of Liability and Indemnity. 28.125.1. In the event the Company provides information, recommendations, news, information relating to transactions, market commentary or research to the Client (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise), the Company shall not, in the absence of its fraud, willful default or gross negligence, be liable for any losses, costs, expenses or damages suffered by the Client arising from any inaccuracy or mistake in any such information given.
28.225.2. The Company will not be held liable for any loss or damage or expense or loss incurred by the Client in relation to, or directly or indirectly arising from but not limited to:
a) 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.
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.
m) m. For the Client’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).
p) p. As a result of the Client engaging in Social Trading (if applicable).
28.325.3. If the Company, its Directors, Officers, employees, Affiliates, or Agents incur any claims, damage, liability, costs or expenses, which may arise in relation to the execution or as a result of the execution of the Agreement and/or in relation to the provision of the Services and/or in relation to the use of the Platform(s), that the Company, its Directors, Officers, employees, Affiliates, or Agents bear no responsibility whatsoever, it is the Client’s responsibility to indemnify the Company for such.
28.425.4. The Company shall in no circumstances be liable to the Client for any consequential, special, incidental or indirect losses, damages, loss of profits, loss of opportunity (including in relation to subsequent market movements), costs or expenses the Client may suffer in relation to the Agreement, the provision of the Services or the use of the Platform(s).
28.525.5. The Company’s cumulative liability to the Client shall not exceed the fees paid to the Company under this Agreement in relation to the particular Client for the Provision of the Services and use of the Platform(s).
Appears in 1 contract
Samples: Client Agreement
Limitations of Liability and Indemnity. 28.1. In the event the Company provides information, recommendations, news, information relating to transactions, market commentary or research to the Client (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise), the Company shall not, in the absence of its fraud, willful default or gross negligence, be liable for any losses, costs, expenses or damages suffered by the Client arising from any inaccuracy or mistake in any such information given.
28.2. The Company will not be held liable for any loss or damage or expense or loss incurred by the Client in relation to, or directly or indirectly arising from but not limited to:
a) Any error or failure or interruption or disconnection in the operation of the Platform(s), or any delay caused by the Client Terminal or Transactions made via the Client Terminal, any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high internet traffic demand, security breaches and unauthorized access, and other similar computer problems and defects.
b) Any failure by the Company to perform any of its obligations under the Agreement as a result of Force Majeure Event or any other cause beyond its control.
c) The acts, omissions or negligence of any third party.
d) Any person obtaining the Client’s Access Data that the Company has issued to the Client prior to the Client’s reporting to the Company of the misuse of his Access Data.
e) Unauthorized third persons having access to information, including electronic addresses, electronic communication, personal data and Access Data when the above are transmitted between the Parties or any other party, using the internet or other network communication facilities, post, telephone, or any other electronic means.
f) Any of the risks of the Risks Disclosure and Warnings Notice.
g) Currency risk materializesrisk.
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 ClientClient and/or his Authorized Representative.
m) For the Client’s or his Authorised Representative’s trading decisions.
n) All Orders given through and under the Client’s Access Data.
o) The contents, correctness, accuracy and completeness of any communication spread by the use of the Platform(s).
p) As a result of the Client engaging in Social Trading (if applicable).
28.3. If the Company, its Directors, Officers, employees, Affiliates, or Agents incur any claims, damage, liability, costs or expenses, which may arise in relation to the execution or as a result of the execution of the Agreement and/or in relation to the provision of the Services and/or in relation to the use of the Platform(s), that the Company, its Directors, Officers, employees, Affiliates, or Agents bear no responsibility whatsoever, it is the Client’s responsibility to indemnify the Company for such.
28.4. The Company shall in no circumstances be liable to the Client for any consequential, special, incidental or indirect losses, damages, loss of profits, loss of opportunity (including in relation to subsequent market movements), costs or expenses the Client may suffer in relation to the Agreement, the provision of the Services or the use of the Platform(s).
28.5. The Company’s cumulative liability to the Client shall not exceed the fees paid to the Company under this Agreement in relation to the particular Client for the Provision of the Services and use of the Platform(s).
Appears in 1 contract
Samples: Client Agreement
Limitations of Liability and Indemnity. 28.1. In the event the Company provides information, recommendations, news, information relating to transactions, market commentary or research to the Client (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise), the Company shall not, in the absence of its fraud, willful default or gross negligence, be liable for any losses, costs, expenses or damages suffered by the Client arising from any inaccuracy or mistake in any such information given.
28.2. The Company will not be held liable for any loss or damage or expense or loss incurred by the Client in relation to, or directly or indirectly arising from but not limited to:
a) Any error or failure or interruption or disconnection in the operation of the Platform(s), or any delay caused by the Client Terminal or Transactions made via the Client Terminal, any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high internet traffic demand, security breaches and unauthorized access, and other similar computer problems and defects.
b) Any failure by the Company to perform any of its obligations under the Agreement as a result of Force Majeure Event or any other cause beyond its control.
c) The acts, omissions or negligence of any third party.
d) Any person obtaining the Client’s Access Data that the Company has issued to the Client prior to the Client’s reporting to the Company of the misuse of his Access Data.
e) Unauthorized third persons having access to information, including electronic addresses, electronic communication, personal data and Access Data when the above are transmitted between the Parties or any other party, using the internet or other network communication facilities, post, telephone, or any other electronic means.
f) Any of the risks of the Risks Disclosure and Warnings Notice.
g) Currency risk materializesrisk.
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.
m) For the Client’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).
p) As a result of the Client engaging in Social Trading (if applicable).
28.3. If the Company, its Directors, Officers, employees, Affiliates, or Agents incur any claims, damage, liability, costs or expenses, which may arise in relation to the execution or as a result of the execution of the Agreement and/or in relation to the provision of the Services and/or in relation to the use of the Platform(s), that the Company, its Directors, Officers, employees, Affiliates, or Agents bear no responsibility whatsoever, it is the Client’s responsibility to indemnify the Company for such.
28.4. The Company shall in no circumstances be liable to the Client for any consequential, special, incidental or indirect losses, damages, loss of profits, loss of opportunity (including in relation to subsequent market movements), costs or expenses the Client may suffer in relation to the Agreement, the provision of the Services or the use of the Platform(s).
28.5. The Company’s cumulative liability to the Client shall not exceed the fees paid to the Company under this Agreement in relation to the particular Client for the Provision of the Services and use of the Platform(s).
Appears in 1 contract
Samples: Client Agreement
Limitations of Liability and Indemnity. 28.1. In the event the Company provides information, recommendations, news, information relating to transactions, market commentary or research to the Client (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise), the Company shall not, in the absence of its fraud, willful default or gross negligence, be liable for any losses, costs, expenses or damages suffered by the Client arising from any inaccuracy or mistake in any such information given.
28.2. The Company will not be held liable for any loss or damage or expense or loss incurred by the Client in relation to, or directly or indirectly arising from but not limited to:
a) 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) Unauthorized e. Unauthorised 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.
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 ClientClient and/or his Authorised Representative.
m) m. For the Client’s or his Authorised 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).
p) p. As a result of the Client engaging in Social Trading (if applicable).
28.3. If the Company, its Directors, Officers, employees, Affiliates, or Agents incur any claims, damage, liability, costs or expenses, which may arise in relation to the execution or as a result of the execution of the Agreement and/or in relation to the provision of the Services and/or in relation to the use of the Platform(s), that the Company, its Directors, Officers, employees, Affiliates, or Agents bear no responsibility whatsoever, it is the Client’s responsibility re- sponsibility to indemnify the Company for such.
28.4. The Company shall in no circumstances be liable to the Client for any consequential, specialspe- cial, incidental or indirect losses, damages, loss of profits, loss of opportunity (including in relation to subsequent market movements), costs or expenses the Client may suffer in relation to the Agreement, the provision of the Services or the use of the Platform(s).
28.5. The Company’s cumulative liability to the Client shall not exceed the fees paid to the Company under this Agreement in relation to the particular Client for the Provision of the Services and use of the Platform(s).
Appears in 1 contract
Samples: Client Agreement
Limitations of Liability and Indemnity. 28.1. In the event the Company provides information, recommendations, news, information relating to transactions, market commentary or research to the Client (or in newsletters which it may post on its Website Site or provide to subscribers via its Website Site or otherwise), the Company shall not, in the absence of its fraud, willful default or gross negligence, be liable for any losses, costs, expenses or damages suffered by the Client arising from any inaccuracy or mistake in any such information given.
28.2. Subject to the right of the Company to void or close any Transaction in the specific circumstances set out the Agreement, any Transaction following such inaccuracy or mistake shall nonetheless remain valid and binding in all respects on both the Company and the Client. 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 a. any error or failure or interruption or disconnection in the operation of the Platform(s), or Company Online Trading System;
b. any delay caused by the Client Terminal or Terminal;
c. Transactions made via the Client Terminal, ;
d. 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 e. the acts, omissions or negligence of any third party.;
d) Any f. 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 g. all Orders given through and under the Client’s Access Data;
h. unauthorized third persons having access to information, including electronic addresses, electronic communication, personal data and Access Data when the above are transmitted between the Parties or any other party, using the internet or other network communication facilities, post, telephone, or any other electronic means.;
f) Any i. a delay transmitting any Order for Execution;
j. currency risk;
k. slippage;
l. any of the risks of the Risks Disclosure and Warnings Notice.relating to CFDs trading materialises;
g) Currency risk materializes.
h) Any m. 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 ; n. any actions or omissions (including negligence and fraud) representations of the Client.
m) For the Client’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).
p) As a result of the Client engaging in Social Trading (if applicable).
28.3. If the Company, its Directors, Officers, employees, Affiliates, or Agents incur any claims, damage, liability, costs or expenses, which may arise in relation to the execution or as a result of the execution of the Agreement and/or in relation to the provision of the Services and/or in relation to the use of the Platform(s), that the Company, its Directors, Officers, employees, Affiliates, or Agents bear no responsibility whatsoever, it is the Client’s responsibility to indemnify the Company for such.
28.4. The Company shall in no circumstances be liable to the Client for any consequential, special, incidental or indirect losses, damages, loss of profits, loss of opportunity (including in relation to subsequent market movements), costs or expenses the Client may suffer in relation to the Agreement, the provision of the Services or the use of the Platform(s).
28.5. The Company’s cumulative liability to the Client shall not exceed the fees paid to the Company under this Agreement in relation to the particular Client for the Provision of the Services and use of the Platform(s).Introducer;
Appears in 1 contract
Limitations of Liability and Indemnity. 28.1. In the event the Company provides information, recommendations, news, information relating to transactions, market commentary or research to the Client (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise), the Company shall not, in the absence of its fraud, willful default or gross negligence, be liable for any losses, costs, expenses or damages suffered by the Client arising from any inaccuracy or mistake in any such information given.
28.2. The Company will not be held liable for any loss or damage or expense or loss incurred by the Client in relation to, or directly or indirectly arising from but not limited to:
a) : Any error or failure or interruption or disconnection in the operation of the Platform(s), or any delay caused by the Client Terminal or Transactions made via the Client Terminal, any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high internet traffic demand, security breaches and unauthorized access, and other similar computer problems and defects.
b) . Any failure by the Company to perform any of its obligations under the Agreement as a result of Force Majeure Event or any other cause beyond its control.
c) . The acts, omissions or negligence of any third party.
d) . Any person obtaining the Client’s Access Data that the Company has issued to the Client prior to the Client’s reporting to the Company of the misuse of his Access Data.
e) Unauthorized . Unauthorised third persons having access to information, including electronic addresses, electronic communication, personal data and Access Data when the above are transmitted between the Parties or any other party, using the internet or other network communication facilities, post, telephone, or any other electronic means.
f) . Any of the risks of the Risks Disclosure and Warnings Notice.
g) . Currency risk materializes.
h) . Any changes in the rates of tax.
i) . The occurrence of Slippage.
j) . The Client relying on functions such as Trailing Stop, Expert Advisor and Stop Loss Orders.
k) . Under abnormal Market Conditions.
l) . Any acts or omissions (including negligence and fraud) of the Client.
m) Client and/or his Authorised Representative. For the Client’s or his Authorised Representative’s trading decisions.
n) . All Orders given through and under the Client’s Access Data.
o) . The contents, correctness, accuracy and completeness of any communication spread by the use of the Platform(s).
p) . As a result of the Client engaging in Social Trading (if applicable).
28.3. If the Company, its Directors, Officers, employees, Affiliates, or Agents incur any claims, damage, liability, costs or expenses, which may arise in relation to the execution or as a result of the execution of the Agreement and/or in relation to the provision of the Services and/or in relation to the use of the Platform(s), that the Company, its Directors, Officers, employees, Affiliates, or Agents bear no responsibility whatsoever, it is the Client’s responsibility to indemnify the Company for such.
28.4. The Company shall in no circumstances be liable to the Client for any consequential, special, incidental or indirect losses, damages, loss of profits, loss of opportunity (including in relation to subsequent market movements), costs or expenses the Client may suffer in relation to the Agreement, the provision of the Services or the use of the Platform(s).
28.5. The Company’s cumulative liability to the Client shall not exceed the fees paid to the Company under this Agreement in relation to the particular Client for the Provision of the Services and use of the Platform(s).
Appears in 1 contract
Samples: Client Agreement
Limitations of Liability and Indemnity. 28.131.1. Nothing in the Agreement will exclude or restrict any obligation or liability which the Company may have or owe to the Client under applicable regulations, nor any liability which the Company may incur under the Law and applicable regulations in respect of a breach of any such obligation, not will anything in the Agreement require the Client to indemnify or compensate the Company to any extent prohibited by applicable regulations.
31.2. In the event the Company provides information, recommendations, news, information relating to transactions, transactions or market commentary or research to the The Client (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise), the Company shall not, in the absence of its fraud, willful wilful default or gross negligence, be liable for any losses, costs, expenses or damages suffered by the Client arising from any inaccuracy or mistake in any such information given.
28.231.3. 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 Trading 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 unauthorised 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 Unauthorised 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 Risk Disclosure Statement and Warnings Warning Notice.;
g) Currency risk materializes.materialising;
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 Abnormal Market Conditions.;
l) Any actions or representations of the Introducer;
m) Any acts or omissions (including negligence and fraud) of the Client.Client and/or his Authorised Representative;
mn) For the Client’s or his/her Authorised Representative’s trading decisions.;
no) All Orders given through and under the Client’s Access Data.;
op) The contents, correctness, accuracy and completeness of any communication spread by the use of the Trading Platform(s).;
pq) As a result of the Client engaging in Social Trading (if applicable)social trading, under which the client is automatically following other traders Orders;
r) The solvency, acts or omissions of any third party referred to in paragraph 16.5. s) A situation of paragraph 16.6. arises.
28.331.4. If the Company, its Directors, Officers, employees, Affiliates, or Agents incur any claims, damage, liability, costs or expenses, which may arise in relation to the execution or as a result of the execution of the Agreement and/or in relation to the provision of the Services and/or in relation to the use of the Trading Platform(s), that the Company, its Directors, Officers, employees, Affiliates, or Agents bear no responsibility whatsoever, it is the Client’s responsibility to indemnify the Company for such.
28.431.5. The Company shall in no circumstances be liable to the Client for any consequential, special, incidental or indirect losses, damages, loss of profits, loss of opportunity (including in relation to subsequent market movements), costs or expenses the Client may suffer in relation to the Agreement, the provision of the Services or the use of the Trading Platform(s).
28.531.6. The Company’s cumulative liability to the Client shall not exceed the fees paid to the Company under this Agreement in relation to the particular Client for the Provision of the Services and use of the Trading Platform(s).
Appears in 1 contract
Samples: Client Agreement
Limitations of Liability and Indemnity. 28.127.1. In the event the Company provides information, recommendations, news, information relating to transactions, market commentary or research to the Client (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise), the Company shall not, in the absence of its fraud, willful default or gross negligence, be liable for any losses, costs, expenses or damages suffered by the Client arising from any inaccuracy or mistake in any such information given.
28.227.2. The Company will not be held liable for any loss or damage damage, or expense or loss incurred by the Client in relation to, or directly or indirectly arising from but not limited to:
a) : • Any error or failure or interruption or disconnection in the operation of the Platform(s), or any delay caused by the Client Terminal or Transactions made via the Client Terminal, any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high internet traffic demand, security breaches and unauthorized access, and other similar computer problems and defects.
b) . • Any failure by the Company to perform any of its obligations under the Agreement as a result of Force Majeure Event or any other cause beyond its control.
c) . The acts, omissions or negligence of any third party.
d) . • Any person obtaining the Client’s Access Data that the Company has issued to the Client prior to the Client’s reporting to the Company of the misuse of his Access Data.
e) . • Unauthorized third persons having access to information, including electronic addresses, electronic communication, personal data and Access Data when the above are transmitted between the Parties or any other party, using the internet or other network communication facilities, post, telephone, or any other electronic means.
f) . • Any of the risks of the Risks Disclosure and Warnings Notice.
g) . • Currency risk materializes.
h) risk. • 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.
m) Client and/or his Authorized Representative. • 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).
p) . • As a result of the Client engaging in Social Trading (if applicable).
28.327.3. If the Company, its Directors, Officers, employees, Affiliates, or Agents incur any claims, damage, liability, costs or expenses, which may arise in relation to the execution or as a result of the execution of the Agreement and/or in relation to the provision of the Services and/or in relation to the use of the Platform(s), that the Company, its Directors, Officers, employees, Affiliates, or Agents bear no responsibility whatsoever, it is the Client’s responsibility to indemnify the Company for such.
28.427.4. The Company shall in no circumstances be liable to the Client for any consequential, special, incidental or indirect losses, damages, loss of profits, loss of opportunity (including in relation to subsequent market movements), costs or expenses the Client may suffer in relation to the Agreement, the provision of the Services or the use of the Platform(s).
28.527.5. The Company’s cumulative liability to the Client shall not exceed the fees paid to the Company under this Agreement in relation to the particular Client for the Provision of the Services and use of the Platform(s).
Appears in 1 contract
Samples: Terms and Conditions
Limitations of Liability and Indemnity. 28.129.1. In the event the Company provides information, recommendations, news, information relating to transactions, market commentary or research to the Client (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise), the Company shall not, in the absence of its fraud, willful default or gross negligence, be liable for any losses, costs, expenses or damages suffered by the Client arising from any inaccuracy or mistake in any such information given.
28.229.2. The Company will not be held liable for any loss or damage or expense or loss incurred by the Client in relation to, or directly or indirectly arising from but not limited to:
a) 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) Unauthorized e. Unauthorised 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.
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 ClientClient and/or his Authorised Representative.
m) m. For the Client’s or his Authorised 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).
p) p. As a result of the Client engaging in Social Trading (if applicable).
28.329.3. If the Company, its Directors, Officers, employees, Affiliates, or Agents incur any claims, damage, liability, costs or expenses, which may arise in relation to the execution or as a result of the execution of the Agreement and/or in relation to the provision of the Services and/or in relation to the use of the Platform(s), that the Company, its Directors, Officers, employees, Affiliates, or Agents bear no responsibility whatsoever, it is the Client’s responsibility re- sponsibility to indemnify the Company for such.
28.429.4. The Company shall in no circumstances be liable to the Client for any consequential, specialspe- cial, incidental or indirect losses, damages, loss of profits, loss of opportunity (including in relation to subsequent market movements), costs or expenses the Client may suffer in relation to the Agreement, the provision of the Services or the use of the Platform(s).
28.529.5. The Company’s cumulative liability to the Client shall not exceed the fees paid to the Company under this Agreement in relation to the particular Client for the Provision of the Services and use of the Platform(s).
Appears in 1 contract
Samples: Client Agreement
Limitations of Liability and Indemnity. 28.127.1. In the event the Company provides information, recommendations, news, information relating to transactions, market commentary or research to the Client (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise), the Company shall not, in the absence of its fraud, willful wilful default or gross negligence, be liable for any losses, costs, expenses or damages suffered by the Client arising from any inaccuracy or mistake in any such information given.
28.227.2. The Company will not be held liable for any loss or damage or expense or loss incurred by the Client in relation to, or directly or indirectly arising from but not limited to:
(a) Any error or failure or interruption or disconnection in the operation of the Platform(s), or any delay caused by the Client Terminal or Transactions made via the Client Terminal, any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high internet traffic demand, security breaches and unauthorized unauthorised 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 Unauthorised third persons having access to information, including electronic addresses, electronic communication, personal data and Access Data when the above are transmitted between the Parties or any other party, using the internet or other network communication facilities, post, telephone, or any other electronic means.;
(f) Any of the risks of the Risks Disclosure and Warnings Notice.;
(g) Currency risk materializes.materialiasing
(h) Any changes in the rates of tax.;
(i) The occurrence of Slippage.
(j) The Client relying on functions such as Trailing Stop, Expert Agent Advisor and Stop Loss Orders.;
(k) Under abnormal Market Conditions.;
(l) Any actions or representations of the Introducer;
(m) Any acts or omissions (including negligence and fraud) of the Client.Client and/or his Authorised Representative;
m(n) For the Client’s or his Authorised Representative’s trading decisions.;
n(o) All Orders given through and under the Client’s Access Data.;
o(p) The contents, correctness, accuracy and completeness of any communication spread by the use of the Platform(s).;
p(q) As a result of the Client engaging in Social Trading social trading, under which the client is automatically following other traders Orders;
(if applicable)r) The solvency, acts or omissions of any third party referred to in paragraph 16.5.
28.3(s) A situation of paragraph 16.6. Arises.
27.3. If the Company, its Directors, Officers, employees, Affiliates, or Agents incur any claims, damage, liability, costs or expenses, which may arise in relation to the execution or as a result of the execution of the Agreement and/or in relation to the provision of the Services and/or in relation to the use of the Platform(s), that the Company, its Directors, Officers, employees, Affiliates, or Agents bear no responsibility whatsoever, it is the Client’s responsibility to indemnify the Company for such.
28.427.4. The Company shall in no circumstances be liable to the Client for any consequential, special, incidental or indirect losses, damages, loss of profits, loss of opportunity (including in relation to subsequent market movements), costs or expenses the Client may suffer in relation to the Agreement, the provision of the Services or the use of the Platform(s).
28.527.5. The Company’s cumulative liability to the Client shall not exceed the fees paid to the Company under this Agreement in relation to the particular Client for the Provision of the Services and use of the Platform(s).
Appears in 1 contract
Samples: Client Agreement
Limitations of Liability and Indemnity. 28.129.1. In the event the Company provides information, recommendations, news, information relating to transactions, market commentary or research to the Client (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise), the Company shall not, in the absence of its fraud, willful default or gross negligence, be liable for any losses, costs, expenses or damages suffered by the Client arising from any inaccuracy or mistake in any such information given.
28.229.2. The Company will not be held liable for any loss or damage or expense or loss incurred by the Client in relation to, or directly or indirectly arising from but not limited to:
a) Any error or failure or interruption or disconnection in the operation of the Platform(s), or any delay caused by the Client Terminal or Transactions made via the Client Terminal, any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high internet traffic demand, security breaches and unauthorized access, and other similar computer problems and defects.
b) Any failure by the Company to perform any of its obligations under the Agreement as a result of Force Majeure Event or any other cause beyond its control.
c) The acts, omissions or negligence of any third party.
d) Any person obtaining the Client’s Access Data that the Company has issued to the Client prior to the Client’s reporting to the Company of the misuse of his Access Data.
e) Unauthorized third persons having access to information, including electronic addresses, electronic communication, personal data and Access Data when the above are transmitted between the Parties or any other party, using the internet or other network communication facilities, post, telephone, or any other electronic means.
f) Any of the risks of the Risks Disclosure and Warnings Notice.
g) Currency risk materializesrisk.
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 ClientClient and/or his Authorized Representative.
m) For the Client’s or his Authorised Representative’s trading decisions.
n) All Orders given through and under the Client’s Access Data.
o) The contents, correctness, accuracy and completeness of any communication spread by the use of the Platform(s).
p) As a result of the Client engaging in Social Trading (if applicable).
28.3. If the Company, its Directors, Officers, employees, Affiliates, or Agents incur any claims, damage, liability, costs or expenses, which may arise in relation to the execution or as a result of the execution of the Agreement and/or in relation to the provision of the Services and/or in relation to the use of the Platform(s), that the Company, its Directors, Officers, employees, Affiliates, or Agents bear no responsibility whatsoever, it is the Client’s responsibility to indemnify the Company for such.
28.4. The Company shall in no circumstances be liable to the Client for any consequential, special, incidental or indirect losses, damages, loss of profits, loss of opportunity (including in relation to subsequent market movements), costs or expenses the Client may suffer in relation to the Agreement, the provision of the Services or the use of the Platform(s).
28.5. The Company’s cumulative liability to the Client shall not exceed the fees paid to the Company under this Agreement in relation to the particular Client for the Provision of the Services and use of the Platform(s).
Appears in 1 contract
Samples: Client Agreement
Limitations of Liability and Indemnity. 28.11. In the event the Company provides information, recommendations, news, information relating to transactions, market commentary or research to the Client (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise), the Company shall not, in the absence of its fraud, willful default or gross negligence, be liable for any losses, costs, expenses or damages suffered by the Client arising from any inaccuracy or mistake in any such information given.
28.22. The Company will not be held liable for any loss or damage or expense or loss incurred by the Client in relation to, or directly or indirectly arising from but not limited to:
(a) Any error or failure or interruption or disconnection in the operation of the Platform(s), or any delay caused by the Client Terminal or Transactions made via the Client Terminal, any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high internet traffic demand, security breaches and unauthorized access, and other similar computer problems and defects.;
(b) Any failure by the Company to perform any of its obligations under the Agreement as a result of Force Majeure Event or any other cause beyond its control.;
(c) The acts, omissions or negligence of any third party.;
(d) Any person obtaining the Client’s Access Data that the Company has issued to the Client prior to the Client’s reporting to the Company of the misuse of his Access Data.;
(e) Unauthorized third persons having access to information, including electronic addresses, electronic communication, personal data and Access Data when the above are transmitted between the Parties or any other party, using the internet or other network communication facilities, post, telephone, or any other electronic means.;
(f) Any of the risks of the Risks Disclosure and Warnings Notice.;
(g) Currency risk materializes.materializing;
(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 Advisorand Stop Loss Orders.;
(k) Under abnormal Market Conditions.;
(l) Any actions or representations of the Introducer;
(m) Any acts or omissions (including negligence and fraud) of the Client.Client and/or his Authorized Representative;
m(n) For the Client’s or his Authorized Representative’s trading decisions.;
n(o) All Orders given through and under the Client’s Access Data.;
o(p) The contents, correctness, accuracy and completeness of any communication spread by the use of the Platform(s).;
p(q) As a result of the Client engaging in Social Trading social trading, under which the client is automatically following other traders Orders;
(if applicable)r) The solvency, acts or omissions of any third party referred to in paragraph 16.5.
28.3(s) A situation of paragraph 16.6.arises.
3. If the Company, its Directors, Officers, employees, Affiliates, or Agents incur any claims, damage, liability, costs or expenses, which may arise in relation to the execution or as a result of the execution of the Agreement and/or in relation to the provision of the Services and/or in relation to the use of the Platform(s), that the Company, its Directors, Officers, employees, Affiliates, or Agents bear no responsibility whatsoever, it is the Client’s responsibility to indemnify the Company for such.
28.44. The Company shall in no circumstances be liable to the Client for any consequential, special, incidental or indirect losses, damages, loss of profits, loss of opportunity (including in relation to subsequent market movements), costs or expenses the Client may suffer in relation to the Agreement, the provision of the Services or the use of the Platform(s).
28.55. The Company’s cumulative liability to the Client shall not exceed the fees paid to the Company under this Agreement in relation to the particular Client for the Provision of the Services and use of the Platform(s).
Appears in 1 contract
Samples: Client Agreement
