Limitations of Liability and Indemnity. 16.1 Nothing in the Operative Agreements will exclude or restrict any duty or liability owed by us to you under the Applicable Regulations, including liability for your personal injury or death. 16.2 We will not, in the absence of fraud, wilful default or gross negligence on our side, be liable for any of your losses, costs, expenses or damages, any consequential special or indirect losses, loss of profits, loss of opportunity (including in relation to subsequent market movements), failure to avoid a loss, loss or corruption of data, loss of goodwill or reputation, directly or indirectly arising from: (a) any inaccuracy or mistake in any information, including Market Data, made available to you by us in relation to your Transactions or otherwise; (b) any error, failure or delay on your Platform; (c) any Transactions you have made on your Platform; (d) any failure by us to perform any of our obligations under the Operative Agreements as a result of a Force Majeure or otherwise; (e) any acts, omissions or negligence of any third party; including an unauthorized third person’s access to your personal data or Access Data; (f) any Order placed by you on your Platform and the delay in this Order’s execution; our inability to modify and cancel your Order; (g) any failure to get in touch with you regarding Margin Call on your Open Position; (h) currency risk; (i) Slippage and Gapping; (j) any risks applicable to trading your Instruments; (k) any changes in the rates of taxes applicable to you, other adverse tax implications of the Transactions; (l) your reliance on Stop Losses; (m) your reliance on information about normal trading hours for a particular Instrument; (n) any inability to execute an instruction or Order; (o) the effect of a corporate event or a corporate action; (p) the effect of your failure to comply with the Operative Agreements; (q) the effect of your Trading Account being disabled due to inactivity or Clearly Erroneous Order(s); (r) any failure of the whole or any part of our software or any systems or network links or any other means of communication; (s) any computer viruses, worms, software bombs or similar items being introduced into your computer or mobile hardware /software while using your Platform. 16.3 We will not be liable for the solvency, acts or omissions of any third party referred to in the Operative Agreements, including a custodian, sub-custodian, credit or financial institution, market data provider in circumstances where we have taken reasonable care in selecting and appointing this third party in accordance with the Applicable Regulations. 16.4 We may at our sole discretion indemnify you by: (a) crediting your Trading Account (with explanation); (b) reopening erroneously closed Positions; (c) deleting erroneously opened Positions or placed Orders. 16.5 You are responsible for all liabilities, losses or costs of any kind or nature that may be incurred by us as a result of any failure by you to perform any of your obligations under the Operative Agreements, and as a result of any false information or declaration made by you either to us or to any third party. 16.6 Any of your liability to FXTM under the Operative Agreements may in whole or in part be released, compounded, compromised or postponed by FXTM in its absolute discretion without affecting any rights in respect of that or any liability not so waived, released, compounded, compromised or postponed. 16.7 You will indemnify us and keep us indemnified on demand in respect of all liabilities, costs (including, any legal cost, penalties and any interest), claims, damages, demands, losses and expenses of any nature whatsoever which we suffer or incur as a direct or indirect result of any failure by you to perform any of your obligations under the Operative Agreements or which may arise in relation to the execution or as a result of the execution of any of your Transactions. 16.8 A waiver by FXTM of a breach of any of the terms of the Operative Agreements does not constitute a waiver of any other breach of those terms and will not prevent FXTM from subsequently requiring compliance with the waived obligation. 16.9 The rights and remedies provided to FXTM under the Operative Agreements are cumulative and are not exclusive of any rights or remedies provided by law.
Appears in 8 contracts
Samples: Client Agreement, Client Agreement, Client Agreement
Limitations of Liability and Indemnity.
16.1 15.1 Nothing in the Operative Agreements will exclude or restrict any duty obligation or liability owed by us which the Company may have or owe to you the Client under the Applicable Regulations, including nor any liability for your personal injury which the Company may incur under the Law or deathApplicable Regulations in respect of a breach of any such obligation, nor will anything in the Operative Agreements require the Client to indemnify or compensate the Company to any extent prohibited by Applicable Regulations.
16.2 We will 15.2 In the event the Company provides advice, information or recommendations to the Client, the Company shall not be responsible for the profitability of such advice, information or recommendations. The Client acknowledges that the Company shall not, in the absence of its fraud, wilful willful default or gross negligence on our sidenegligence, be liable for any of your losses, costs, expenses or damages suffered by the Client arising from any inaccuracy or mistake in any information given to the Client including, without limitation, information relating to any Transactions. Subject to the right of the Company to void or close any Transaction in the specific circumstances set out the
15.3 The Company shall not be liable for any loss or expense incurred by the Client in connection with, or directly or indirectly arising from:
(a) Any error or failure in the operation of the Trading Platform or any delay caused by the Client Terminal;
(b) Transactions made via the Client Terminal;
(c) Any failure by the Company to perform any of its obligations under the Operative Agreements as a result of a Force Majeure or a cause beyond its control; or
(d) The acts, omissions or negligence of any third party.
(e) All Orders given through and under the Client’s Access Data;
(f) Unauthorized third persons having access to information, including electronic addresses, electronic communication, personal data and Access Data when the above are transmitted between the Parties or any other party, using the internet or other network communication facilities, post, telephone, or any other electronic means;
(g) A delay transmitting any Order for Execution;
(h) The solvency, acts/representations or omissions of any third party;
(i) Currency risk;
(j) Slippage;
(k) Any of the risks relating to CFDs trading materialises;
(l) Any changes in the rates of tax;
(m) The Client using Trailing Stop and/or Expert Adviser;
(n) The Client relying in Stop Loss Orders;
(o) Information relating to Trading Schedule hours.
15.4 The Client shall indemnify the Company and keep the Company indemnified on demand in respect of all liabilities, costs (including without limitation any legal cost, penalties and any interest), claims, damages, demands, losses and expenses of any nature whatsoever which the Company suffers or incurs as a direct or indirect result of any failure by the Client to perform any of the Client’s obligations under the Operative Agreements and/or which may arise in relation to the execution or as a result of the execution of the Client Agreement and/or in relation to the provision of the Services and/or in relation to any Order
15.5 The Company shall in no circumstances be liable to the Client for any consequential special or indirect losses, loss of profits, loss of opportunity (including in relation to subsequent market movements), failure costs, expenses or damages the Client may suffer in relation to avoid the Operative Agreements, unless otherwise agreed in the Terms of Business.
15.6 In the event of a negative balance in a retail Client account, the Company will not file a claim against the Client for that amount, except in cases where the Client has used illicit methods to create it.
15.7 Without prejudice to any other clauses of this Client Agreement, and to the extent permitted by Governing Legislation, the Company will have no liability to the Client in relation to any loss, loss costs or corruption expenses that may be suffered by the Client as a result of datatechnology limitations/ failures, loss of goodwill or reputationserver maintenance, directly or indirectly arising fromplanned maintenance, custodian rollover process, including but not limited to:
(a) any inaccuracy delay or mistake defect in any information, including Market Data, made available to you by us in relation to your Transactions or otherwise;
(b) any error, failure or delay on your Platform;
(c) any Transactions you have made on your Platform;
(d) any failure by us to perform any of our obligations under the Operative Agreements as a result of a Force Majeure or otherwise;
(e) any acts, omissions or negligence of any third party; including an unauthorized third person’s access to your personal data or Access Data;
(f) any Order placed by you on your Platform and the delay in this Order’s execution; our inability to modify and cancel your Order;
(g) any failure to get in touch with you regarding Margin Call on your Open Position;
(h) currency risk;
(i) Slippage and Gapping;
(j) any risks applicable to trading your Instruments;
(k) any changes in the rates of taxes applicable to you, other adverse tax implications of the Transactions;
(l) your reliance on Stop Losses;
(m) your reliance on information about normal trading hours for a particular Instrument;
(n) any inability to execute an instruction or Order;
(o) the effect of a corporate event or a corporate action;
(p) the effect of your failure to comply with the Operative Agreements;
(q) the effect of your Trading Account being disabled due to inactivity or Clearly Erroneous Order(s);
(r) any failure of the whole or any part of our the Company’s software or any systems or network links or any other means of communication;; or
(sb) any computer viruses, worms, software bombs or similar items being introduced into your Client’s computer hardware or mobile hardware /software while using your Platform.
16.3 We will not be liable for the solvencysoftware except where such loss, acts cost or omissions of any third party referred to in the Operative Agreements, including a custodian, sub-custodian, credit or financial institution, market data provider in circumstances where we have taken reasonable care in selecting and appointing this third party in accordance with the Applicable Regulations.
16.4 We may at our sole discretion indemnify you by:
(a) crediting your Trading Account (with explanation);
(b) reopening erroneously closed Positions;
(c) deleting erroneously opened Positions or placed Orders.
16.5 You are responsible for all liabilities, losses or costs of any kind or nature that may be incurred by us as a result of any failure by you to perform any of your obligations under the Operative Agreements, and as a result of any false information or declaration made by you either to us or to any third party.
16.6 Any of your liability to FXTM under the Operative Agreements may in whole or in part be released, compounded, compromised or postponed by FXTM in its absolute discretion without affecting any rights in respect of that or any liability not so waived, released, compounded, compromised or postponed.
16.7 You will indemnify us and keep us indemnified on demand in respect of all liabilities, costs (including, any legal cost, penalties and any interest), claims, damages, demands, losses and expenses of any nature whatsoever which we suffer or incur as a direct or indirect result of any failure by you to perform any of your obligations under the Operative Agreements or which may arise in relation to the execution or as expense is a result of the execution of any of your TransactionsCompany’s own negligence, fraud or willful default.
16.8 A waiver by FXTM of a breach of any of the terms of the Operative Agreements does not constitute a waiver of any other breach of those terms and will not prevent FXTM from subsequently requiring compliance with the waived obligation.
16.9 The rights and remedies provided to FXTM under the Operative Agreements are cumulative and are not exclusive of any rights or remedies provided by law.
Appears in 7 contracts
Samples: Client Agreement, Client Agreement, Client Agreement
Limitations of Liability and Indemnity.
16.1 Nothing in the Operative Agreements will exclude or restrict any duty or liability owed by us to you under the Applicable Regulations, including liability for your personal injury or death.
16.2 We will not, in the absence of fraud, wilful default or gross negligence on our side, be liable for any of your losses, costs, expenses or damages, any consequential special or indirect losses, loss of profits, loss of opportunity (including in relation to subsequent market movements), failure to avoid a loss, loss or corruption of data, loss of goodwill or reputation, directly or indirectly arising from:
(a) any inaccuracy or mistake in any information, including Market Data, made available to you by us in relation to your Transactions or otherwise;
(b) any error, failure or delay on your Platform;
(c) any Transactions you have made on your Platform;
(d) any failure by us to perform any of our obligations under the Operative Agreements as a result of a Force Majeure or otherwise;
(e) any acts, omissions or negligence of any third party; including an unauthorized third person’s access to your personal data or Access Data;
(f) any Order placed by you on your Platform and the delay in this Order’s execution; our inability to modify and cancel your Order;
(g) any failure to get in touch with you regarding Margin Call on your Open Position;
(h) currency risk;
(ih) Slippage and Gapping;
(ji) any risks applicable to trading your Instruments;
(kj) any changes in the rates of taxes applicable to you, other adverse tax implications of the Transactions;
(lk) your reliance on Stop Losses;
(ml) your reliance on information about normal trading hours for a particular Instrument;
(nm) any inability to execute an instruction or Order;
(on) the effect of a corporate event or a corporate action;
(po) the effect of your failure to comply with the Operative Agreements;
(qp) the effect of your Trading Account being disabled due to inactivity or Clearly Erroneous Order(s);
(rq) any failure of the whole or any part of our software or any systems or network links or any other means of communication;
(sr) any computer viruses, worms, software bombs or similar items being introduced into your computer or mobile hardware /software while using your Platform.
16.3 We will not be liable for the solvency, acts or omissions of any third party referred to in the Operative Agreements, including a custodian, sub-custodian, credit or financial institution, market data provider in circumstances where we have taken reasonable care in selecting and appointing this third party in accordance with the Applicable Regulations.
16.4 We may at our sole discretion indemnify you by:
(a) crediting your Trading Account (with explanation);
(b) reopening erroneously closed Positions;
(c) deleting erroneously opened Positions or placed Orders.
16.5 You are responsible for all liabilities, losses or costs of any kind or nature that may be incurred by us as a result of any failure by you to perform any of your obligations under the Operative Agreements, and as a result of any false information or declaration made by you either to us or to any third party.
16.6 Any of your liability to FXTM under the Operative Agreements may in whole or in part be released, compounded, compromised or postponed by FXTM in its absolute discretion without affecting any rights in respect of that or any liability not so waived, released, compounded, compromised or postponed.
16.7 You will indemnify us and keep us indemnified on demand in respect of all liabilities, costs (including, any legal cost, penalties and any interest), claims, damages, demands, losses and expenses of any nature whatsoever which we suffer or incur as a direct or indirect result of any failure by you to perform any of your obligations under the Operative Agreements or which may arise in relation to the execution or as a result of the execution of any of your Transactions.
16.8 A waiver by FXTM of a breach of any of the terms of the Operative Agreements does not constitute a waiver of any other breach of those terms and will not prevent FXTM from subsequently requiring compliance with the waived obligation.
16.9 The rights and remedies provided to FXTM under the Operative Agreements are cumulative and are not exclusive of any rights or remedies provided by law.
Appears in 2 contracts
Samples: Client Agreement, Client Agreement
Limitations of Liability and Indemnity.
16.1 Nothing in the Operative Agreements will exclude or restrict any duty or liability owed by us to you under the Applicable Regulations, including liability for your personal injury or death.
16.2 We will not, in the absence of fraud, wilful default or gross negligence on our side, be liable for any of your losses, costs, expenses or damages, any consequential special or indirect losses, loss of profits, loss of opportunity (including in relation to subsequent market movements), failure to avoid a loss, loss or corruption of data, loss of goodwill or reputation, directly or indirectly arising from:
(a) any inaccuracy or mistake in any information, including Market Data, made available to you by us in relation to your Transactions or otherwise;
(b) any error, failure or delay on your Platform;
(c) any Transactions you have made on your Platform;
(d) any failure by us to perform any of our obligations under the Operative Agreements as a result of a Force Majeure or otherwise;
(e) any acts, omissions or negligence of any third party; including an unauthorized third person’s access to your personal data or Access Data;
(f) any Order placed by you on your Platform and the delay in this Order’s execution; our inability to modify and cancel your Order;
(g) any failure to get in touch with you regarding Margin Call on your Open Position;
(h) currency risk;
(ih) Slippage and Gapping;
(ji) any risks applicable to trading your Instruments;
(kj) any changes in the rates of taxes applicable to you, other adverse tax implications of the Transactions;
(lk) your reliance on Stop Losses;
(ml) your reliance on information about normal trading hours for a particular Instrument;
(nm) any inability to execute an instruction or Order;
(on) the effect of a corporate event or a corporate action;
(po) the effect of your failure to comply with the Operative Agreements;
(qp) the effect of your Trading Account being disabled due to inactivity or Clearly Erroneous Order(s);
(rq) any failure of the whole or any part of our software or any systems or network links or any other means of communication;
(sr) any computer viruses, worms, software bombs or similar items being introduced into your computer or mobile hardware /software while using your Platform.
16.3 We will not be liable for the solvency, acts or omissions of any third party referred to in the Operative Agreements, including a custodian, sub-custodian, credit or financial institution, market data provider in circumstances where we have taken reasonable care in selecting and appointing this third party in accordance with the Applicable Regulations.
16.4 We may at our sole discretion indemnify you by:
(a) crediting your Trading Account (with explanation);
(b) reopening erroneously closed Positions;
(c) deleting erroneously opened Positions or placed Orders.
16.5 You are responsible for all liabilities, losses or costs of any kind or nature that may be incurred by us as a result of any failure by you to perform any of your obligations under the Operative Agreements, and as a result of any false information or declaration made by you either to us or to any third party.
16.6 Any of your liability to FXTM NEOMARKETS GROUP under the Operative Agreements may in whole or in part be released, compounded, compromised or postponed by FXTM NEOMARKETS GROUP in its absolute discretion without affecting any rights in respect of that or any liability not so waived, released, compounded, compromised or postponed.
16.7 You will indemnify us and keep us indemnified on demand in respect of all liabilities, costs (including, any legal cost, penalties and any interest), claims, damages, demands, losses and expenses of any nature whatsoever which we suffer or incur as a direct or indirect result of any failure by you to perform any of your obligations under the Operative Agreements or which may arise in relation to the execution or as a result of the execution of any of your Transactions.
16.8 A waiver by FXTM NEOMARKETS GROUP of a breach of any of the terms of the Operative Agreements does not constitute a waiver of any other breach of those terms and will not prevent FXTM NEOMARKETS GROUP from subsequently requiring compliance with the waived obligation.
16.9 The rights and remedies provided to FXTM NEOMARKETS GROUP under the Operative Agreements are cumulative and are not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Samples: Client Agreement
Limitations of Liability and Indemnity.
16.1 Nothing in the Operative Agreements will exclude or restrict any duty or liability owed by us to you under the Applicable Regulations, including liability for your personal injury or death.
16.2 We will not, in the absence of fraud, wilful default or gross negligence on our side, be liable for any of your losses, costs, expenses or damages, any consequential special or indirect losses, loss of profits, loss of opportunity (including in relation to subsequent market movements), failure to avoid a loss, loss or corruption of data, loss of goodwill or reputation, directly or indirectly arising from:
(a) any inaccuracy or mistake in any information, including Market Data, made available to you by us in relation to your Transactions or otherwise;
(b) any error, failure or delay on your Platform;
(c) any Transactions you have made on your Platform;
(d) any failure by us to perform any of our obligations under the Operative Agreements as a result of a Force Majeure or otherwise;
(e) any acts, omissions or negligence of any third party; including an unauthorized third person’s access to your personal data or Access Data;
(f) any Order placed by you on your Platform and the delay in this Order’s execution; our inability to modify and cancel your Order;
(g) any failure to get in touch with you regarding Margin Call on your Open Position;
(h) currency risk;
(ih) Slippage and Gapping;
(ji) any risks applicable to trading your Instruments;
(kj) any changes in the rates of taxes applicable to you, other adverse tax implications of the Transactions;
(lk) your reliance on Stop Losses;
(ml) your reliance on information about normal trading hours for a particular Instrument;
(nm) any inability to execute an instruction or Order;
(on) the effect of a corporate event or a corporate action;
(po) the effect of your failure to comply with the Operative Agreements;
(qp) the effect of your Trading Account being disabled due to inactivity or Clearly Erroneous Order(s);
(rq) any failure of the whole or any part of our software or any systems or network links or any other means of communication;
(sr) any computer viruses, worms, software bombs or similar items being introduced into your computer or mobile hardware /software while using your Platform.
16.3 We will not be liable for the solvency, acts or omissions of any third party referred to in the Operative Agreements, including a custodian, sub-custodian, credit or financial institution, market data provider in circumstances where we have taken reasonable care in selecting and appointing this third party in accordance with the Applicable Regulations.
16.4 We may at our sole discretion indemnify you by:
(a) crediting your Trading Account (with explanation);
(b) reopening erroneously closed Positions;
; (c) deleting erroneously opened Positions or placed Orders.
16.5 You are responsible for all liabilities, losses or costs of any kind or nature that may be incurred by us as a result of any failure by you to perform any of your obligations under the Operative Agreements, and as a result of any false information or declaration made by you either to us or to any third party.
16.6 Any of your liability to FXTM NEOBIT under the Operative Agreements may in whole or in part be released, compounded, compromised or postponed by FXTM NEOBIT in its absolute discretion without affecting any rights in respect of that or any liability not so waived, released, compounded, compromised or postponed.
16.7 You will indemnify us and keep us indemnified on demand in respect of all liabilities, costs (including, any legal cost, penalties and any interest), claims, damages, demands, losses and expenses of any nature whatsoever which we suffer or incur as a direct or indirect result of any failure by you to perform any of your obligations under the Operative Agreements or which may arise in relation to the execution or as a result of the execution of any of your Transactions.
16.8 A waiver by FXTM NEOBIT of a breach of any of the terms of the Operative Agreements does not constitute a waiver of any other breach of those terms and will not prevent FXTM NEOBIT from subsequently requiring compliance with the waived obligation.
16.9 The rights and remedies provided to FXTM NEOBIT under the Operative Agreements are cumulative and are not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Samples: Client Agreement
Limitations of Liability and Indemnity.
16.1 Nothing in the Operative Agreements will exclude or restrict any duty or liability owed by us to you under the Applicable Regulations, including liability for your personal injury or death.
16.2 We will not, in the absence of fraud, wilful default or gross negligence on our side, be liable for any of your losses, costs, expenses or damages, any consequential special or indirect losses, loss of profits, loss of opportunity (including in relation to subsequent market movements), failure to avoid a loss, loss or corruption of data, loss of goodwill or reputation, directly or indirectly arising from:
(a) any inaccuracy or mistake in any information, including Market Data, made available to you by us in relation to your Transactions or otherwise;
(b) any error, failure or delay on your Platform;
(c) any Transactions you have made on your Platform;
(d) any failure by us to perform any of our obligations under the Operative Agreements as a result of a Force Majeure or otherwise;
(e) any acts, omissions or negligence of any third party; including an unauthorized third person’s access to your personal data or Access Data;
(f) any Order placed by you on your Platform and the delay in this Order’s execution; our inability to modify and cancel your Order;
(g) any failure to get in touch with you regarding Margin Call on your Open Position;
(h) currency risk;
(ih) Slippage and Gapping;
(ji) any risks applicable to trading your Instruments;
(kj) any changes in the rates of taxes applicable to you, other adverse tax implications of the Transactions;
(lk) your reliance on Stop Losses;
(ml) your reliance on information about normal trading hours for a particular Instrument;
(nm) any inability to execute an instruction or Order;
(on) the effect of a corporate event or a corporate action;
(po) the effect of your failure to comply with the Operative Agreements;
(qp) the effect of your Trading Account being disabled due to inactivity or Clearly Erroneous Order(s);
(rq) any failure of the whole or any part of our software or any systems or network links or any other means of communication;
(sr) any computer viruses, worms, software bombs or similar items being introduced into your computer or mobile hardware /software while using your Platform.
16.3 We will not be liable for the solvency, acts or omissions of any third party referred to in the Operative Agreements, including a custodian, sub-custodian, credit or financial institution, market data provider in circumstances where we have taken reasonable care in selecting and appointing this third party in accordance with the Applicable Regulations.
16.4 We may at our sole discretion indemnify you by:
(a) crediting your Trading Account (with explanation);
(b) reopening erroneously closed Positions;
(c) deleting erroneously opened Positions or placed Orders.
16.5 You are responsible for all liabilities, losses or costs of any kind or nature that may be incurred by us as a result of any failure by you to perform any of your obligations under the Operative Agreements, and as a result of any false information or declaration made by you either to us or to any third party.
16.6 Any of your liability to FXTM under the Operative Agreements may in whole or in part be released, compounded, compromised or postponed by FXTM in its absolute discretion without affecting any rights in respect of that or any liability not so waived, released, compounded, compromised or postponed.any
16.7 You will indemnify us and keep us indemnified on demand in respect of all liabilities, costs (including, any legal cost, penalties and any interest), claims, damages, demands, losses and expenses of any nature whatsoever which we suffer or incur as a direct or indirect result of any failure by you to perform any of your obligations under the Operative Agreements or which may arise in relation to the execution or as a result of the execution of any of your Transactions.
16.8 A waiver by FXTM of a breach of any of the terms of the Operative Agreements does not constitute a waiver of any other breach of those terms and will not prevent FXTM from subsequently requiring compliance with the waived obligation.
16.9 The rights and remedies provided to FXTM under the Operative Agreements are cumulative and are not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Samples: Client Agreement
Limitations of Liability and Indemnity.
16.1 Nothing in the Operative Agreements will exclude or restrict any duty or liability owed by us to you under the Applicable Regulations, including liability for your personal injury or death.
16.2 We will not, in the absence of fraud, wilful default or gross negligence on our side, be liable for any of your losses, costs, expenses or damages, any consequential special or indirect losses, loss of profits, loss of opportunity (including in relation to subsequent market movements), failure to avoid a loss, loss or corruption of data, loss of goodwill or reputation, directly or indirectly arising from:
(a) any inaccuracy or mistake in any information, including Market Data, made available to you by us in relation to your Transactions or otherwise;
(b) any error, failure or delay on your Platform;
(c) any Transactions you have made on your Platform;
(d) any failure by us to perform any of our obligations under the Operative Agreements as a result of a Force Majeure or otherwise;
(e) any acts, omissions or negligence of any third party; including an unauthorized third person’s access to your personal data or Access Data;
(f) any Order placed by you on your Platform and the delay in this Order’s execution; our inability to modify and cancel your Order;
(g) any failure to get in touch with you regarding Margin Call on your Open Position;
(h) currency risk;
(i) Slippage and Gapping;
(j) any risks applicable to trading your Instruments;
(k) any changes in the rates of taxes applicable to you, other adverse tax implications of the Transactions;
(l) your reliance on Stop Losses;
(m) your reliance on information about normal trading hours for a particular Instrument;
(n) any inability to execute an instruction or Order;
(o) the effect of a corporate event or a corporate action;
(p) the effect of your failure to comply with the Operative Agreements;
(q) the effect of your Trading Account being disabled due to inactivity or Clearly Erroneous Order(s);
(r) any failure of the whole or any part of our software or any systems or network links or any other means of communication;
(s) any computer viruses, worms, software bombs or similar items being introduced into your computer or mobile hardware /software while using your Platform.
16.3 We will not be liable for the solvency, acts or omissions of any third party referred to in the Operative Agreements, including a custodian, sub-custodian, credit or financial institution, market data provider in circumstances where we have taken reasonable care in selecting and appointing this third party in accordance with the Applicable Regulations.
16.4 We may at our sole discretion indemnify you by:
(a) crediting your Trading Account (with explanation);
(b) reopening erroneously closed Positions;
(c) deleting erroneously opened Positions or placed Orders.
16.5 You are responsible for all liabilities, losses or costs of any kind or nature that may be incurred by us as a result of any failure by you to perform any of your obligations under the Operative Agreements, and as a result of any false information or declaration made by you either to us or to any third party.
16.6 Any of your liability to FXTM under the Operative Agreements may in whole or in part be released, compounded, compromised or postponed by FXTM in its absolute discretion without affecting any rights in respect of that or any liability not so waived, released, compounded, compromised or postponed.
16.7 You will indemnify us and keep us indemnified on demand in respect of all liabilities, costs (including, any legal cost, penalties and any interest), claims, damages, demands, losses and expenses of any nature whatsoever which we suffer or incur as a direct or indirect result of any failure by you to perform any of your obligations under the Operative Agreements or which may arise in relation to the execution or as a result of the execution of any of your Transactions.
16.8 A waiver by FXTM of a breach of any of the terms of the Operative Agreements does not constitute a waiver of any other breach of those terms and will not prevent FXTM from subsequently requiring compliance with the waived obligation.
16.9 The rights and remedies provided to FXTM under the Operative Agreements are cumulative and are not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Samples: Client Agreement
Limitations of Liability and Indemnity.
16.1 Nothing in the Operative Agreements will exclude or restrict any duty or liability owed by us to you under the Applicable Regulations, including liability for your personal injury or death.
16.2 We will not, in the absence of fraud, wilful default or gross negligence on our side, be liable for any of your losses, costs, expenses or damages, any consequential special or indirect losses, loss of profits, loss of opportunity (including in relation to subsequent market movements), failure to avoid a loss, loss or corruption of data, loss of goodwill or reputation, directly or indirectly arising from:
(a) any inaccuracy or mistake in any information, including Market Data, made available to you by us in relation to your Transactions or otherwise;
(b) any error, failure or delay on your Platform;
(c) any Transactions you have made on your Platform;
(d) any failure by us to perform any of our obligations under the Operative Agreements as a result of a Force Majeure or otherwise;
(e) any acts, omissions or negligence of any third party; including an unauthorized third person’s access to your personal data or Access Data;
(f) any Order placed by you on your Platform and the delay in this Order’s execution; our inability to modify and cancel your Order;
(g) any failure to get in touch with you regarding Margin Call on your Open Position;
(h) currency risk;
(ih) Slippage and Gapping;
(ji) any risks applicable to trading your Instruments;
(kj) any changes in the rates of taxes applicable to you, other adverse tax implications of the Transactions;
(lk) your reliance on Stop Losses;
(ml) your reliance on information about normal trading hours for a particular Instrument;
(nm) any inability to execute an instruction or Order;
(on) the effect of a corporate event or a corporate action;
(po) the effect of your failure to comply with the Operative Agreements;
(qp) the effect of your Trading Account being disabled due to inactivity or Clearly Erroneous Order(s);
(rq) any failure of the whole or any part of our software or any systems or network links or any other means of communication;
(sr) any computer viruses, worms, software bombs or similar items being introduced into your computer or mobile hardware /software while using your PlatformPlatform .
16.3 We will not be liable for the solvency, acts or omissions of any third party referred to in the Operative Agreements, including a custodian, sub-custodian, credit or financial institution, market data provider in circumstances where we have taken reasonable care in selecting and appointing this third party in accordance with the Applicable Regulations.
16.4 We may at our sole discretion indemnify you by:
(a) crediting your Trading Account (with explanation);
(b) reopening erroneously closed Positions;
(c) deleting erroneously opened Positions or placed Orders.
16.5 You are responsible for all liabilities, losses or costs of any kind or nature that may be incurred by us as a result of any failure by you to perform any of your obligations under the Operative Agreements, and as a result of any false information or declaration made by you either to us or to any third party.
16.6 Any of your liability to FXTM PRIMEX BROKERS LTD under the Operative Agreements may in whole or in part be released, compounded, compromised or postponed by FXTM PRIMEX BROKERS LTD in its absolute discretion without affecting any rights in respect of that or any liability not so waived, released, compounded, compromised or postponed.
16.7 You will indemnify us and keep us indemnified on demand in respect of all liabilities, costs (including, any legal cost, penalties and any interest), claims, damages, demands, losses and expenses of any nature whatsoever which we suffer or incur as a direct or indirect result of any failure by you to perform any of your obligations under the Operative Agreements or which may arise in relation to the execution or as a result of the execution of any of your Transactions.
16.8 A waiver by FXTM PRIMEX BROKERS LTD of a breach of any of the terms of the Operative Agreements does not constitute a waiver of any other breach of those terms and will not prevent FXTM PRIMEX BROKERS LTD from subsequently requiring compliance with the waived obligation.
16.9 The rights and remedies provided to FXTM PRIMEX BROKERS LTD under the Operative Agreements are cumulative and are not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Samples: Client Agreement
Limitations of Liability and Indemnity.
16.1 Nothing in the Operative Agreements will exclude or restrict any duty or liability owed by us to you under the Applicable Regulations, including liability for your personal injury or death.
16.2 We will not, in the absence of fraud, wilful default or gross negligence on our side, be liable for any of your losses, costs, expenses or damages, any consequential special or indirect losses, loss of profits, loss of opportunity (including in relation to subsequent market movements), failure to avoid a loss, loss or corruption of data, loss of goodwill or reputation, directly or indirectly arising from:
(a) any inaccuracy or mistake in any information, including Market Data, made available to you by us in relation to your Transactions or otherwise;
(b) any error, failure or delay on your Platform;
(c) any Transactions you have made on your Platform;
(d) any failure by us to perform any of our obligations under the Operative Agreements as a result of a Force Majeure or otherwise;
(e) any acts, omissions or negligence of any third party; including an unauthorized third person’s access to your personal data or Access Data;
(f) any Order placed by you on your Platform and the delay in this Order’s execution; our inability to modify and cancel your Order;
(g) any failure to get in touch with you regarding Margin Call on your Open Position;
(h) currency risk;
(ih) Slippage and Gapping;
(ji) any risks applicable to trading your Instruments;
(kj) any changes in the rates of taxes applicable to you, other adverse tax implications of the Transactions;
(lk) your reliance on Stop Losses;
(ml) your reliance on information about normal trading hours for a particular Instrument;
(nm) any inability to execute an instruction or Order;
(on) the effect of a corporate event or a corporate action;
(po) the effect of your failure to comply with the Operative Agreements;
(qp) the effect of your Trading Account being disabled due to inactivity or Clearly Erroneous Order(s);
(rq) any failure of the whole or any part of our software or any systems or network links or any other means of communication;
(sr) any computer viruses, worms, software bombs or similar items being introduced into your computer or mobile hardware /software while using your PlatformPlatform .
16.3 We will not be liable for the solvency, acts or omissions of any third party referred to in the Operative Agreements, including a custodian, sub-custodian, credit or financial institution, market data provider in circumstances where we have taken reasonable care in selecting and appointing this third party in accordance with the Applicable Regulations.
16.4 We may at our sole discretion indemnify you by:
(a) crediting your Trading Account (with explanation);
(b) reopening erroneously closed Positions;
(c) deleting erroneously opened Positions or placed Orders.
16.5 You are responsible for all liabilities, losses or costs of any kind or nature that may be incurred by us as a result of any failure by you to perform any of your obligations under the Operative Agreements, and as a result of any false information or declaration made by you either to us or to any third party.
16.6 Any of your liability to FXTM PRIMEX under the Operative Agreements may in whole or in part be released, compounded, compromised or postponed by FXTM PRIMEX in its absolute discretion without affecting any rights in respect of that or any liability not so waived, released, compounded, compromised or postponed.
16.7 You will indemnify us and keep us indemnified on demand in respect of all liabilities, costs (including, any legal cost, penalties and any interest), claims, damages, demands, losses and expenses of any nature whatsoever which we suffer or incur as a direct or indirect result of any failure by you to perform any of your obligations under the Operative Agreements or which may arise in relation to the execution or as a result of the execution of any of your Transactions.
16.8 A waiver by FXTM PRIMEX of a breach of any of the terms of the Operative Agreements does not constitute a waiver of any other breach of those terms and will not prevent FXTM PRIMEX from subsequently requiring compliance with the waived obligation.
16.9 The rights and remedies provided to FXTM PRIMEX under the Operative Agreements are cumulative and are not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Samples: Client Agreement
Limitations of Liability and Indemnity.
16.1 Nothing in the Operative Agreements will exclude or restrict any duty or liability owed by us xxxx to you under the Applicable Regulations, including liability for your personal injury or death.
16.2 . We will not, in the absence of fraud, wilful willful default or gross negligence on our side, be liable for any of your losses, costs, expenses or damages, any consequential special or indirect losses, ,loss of profits, loss of opportunity (including in relation to subsequent market movements), failure to avoid a loss, loss or corruption of data, loss of goodwill or reputation, directly or indirectly arising from:
(a) any inaccuracy or mistake in any information, including Market Data, made available to you by us in relation to your Transactions or otherwise;
(b) any error, failure or delay on your Platform;
(c) any Transactions you have made on your Platform;
(d) any failure by us to perform any of our obligations under the Operative Agreements as a result aresult of a Force Majeure or otherwise;
(e) any acts, omissions or negligence of any third party; including an unauthorized third unauthorizedthird person’s access to your personal data or Access Data;
(f) any Order placed by you on your Platform and the delay in this Order’s execution; our execution;our inability to modify and cancel your Order;
(g) any failure to get in touch with you regarding Margin Call on your Open Position;
(h) currency risk;
(ih) Slippage and Gapping;
(ji) any risks applicable to trading your Instruments;
(kj) any changes in the rates of taxes applicable to you, other adverse tax implications of the TransactionstheTransactions;
(lk) your reliance on Stop Losses;
(ml) your reliance on information about normal trading hours for a particular Instrument;
(nm) any inability to execute an instruction or Order;
(on) the effect of a corporate event or a corporate action;
(po) the effect of your failure to comply with the Operative Agreements;
(qp) the effect of your Trading Account being disabled due to inactivity or Clearly Erroneous Order(s);
(rq) any failure of the whole or any part of our software or any systems or network links or any other anyother means of communication;
(sr) any computer viruses, worms, software bombs or similar items being introduced into your computer yourcomputer or mobile hardware /software while using your Platform.
16.3 Platform . We will not be liable for the solvency, acts or omissions of any third party referred to referredto in the Operative Agreements, including a custodian, sub-custodian, credit or financial institutionnstitution, market data provider in circumstances where we have taken reasonable care in selecting and appointing this third party in accordance with the Applicable Regulations.
16.4 . We may at our sole discretion indemnify you by:
(a) crediting your Trading Account (with explanation);
(b) reopening erroneously closed Positions;
(c) deleting erroneously opened Positions or placed Orders.
16.5 . You are responsible for all liabilities, losses or costs of any kind or nature that may be incurred by us as a result of any failure by you to perform any of your obligations under the Operative Agreements, and as a result of any false information or declaration made by you either to eitherto us or to any third party.
16.6 . Any of your liability to FXTM Bfxpro Ltd under the Operative Agreements may in whole or in part inpart be released, compounded, compromised or postponed by FXTM Bfxpro Ltd in its absolute discretion without affecting any rights in respect of that or any liability not so waived, released, compounded, compromised or postponed.
16.7 . You will indemnify us and keep us indemnified on demand in respect of all liabilities, costs (including, any legal cost, penalties and any interest), claims, damages, ,demands, losses and expenses of any nature whatsoever which we suffer or incur as a direct or indirect result of any failure by you to perform any of your obligations under the Operative Agreements or which may arise in relation to the execution or as a result of the execution of any of your Transactions.
16.8 . A waiver by FXTM Bfxpro Ltd of a breach of any of the terms of the Operative Agreements does not constitute a waiver of any other breach of those terms and will not prevent FXTM Bfxpro Ltd from subsequently requiring compliance with the waived obligation.
16.9 . The rights and remedies provided to FXTM bfxpro Ltd under the Operative Agreements are cumulative and are not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Samples: Client Agreement
