Common use of Limitations of Liability and Indemnity Clause in Contracts

Limitations of Liability and Indemnity. 26.1 Subject to those provisions of the Competition and Consumer Xxx 0000 (Commonwealth), the Australian Securities and Investments Commission Act 2001 (Commonwealth), the Corporations Act, any other legislation and any other rights, duties or other obligations imposed or implied by law which cannot be excluded by agreement between the parties, to the extent each of the following is not prohibited by those laws: we make no warranties either expressly or impliedly as to merchantability, fitness for a particular purpose, or otherwise (including as to accuracy, currency, availability, completeness or quality), with respect to any services we provide under these Account Terms including, without limitation, the Trading Platform; we exclude all liability in contract, tort or otherwise relating to or resulting from use of any services we provide under these Account Terms and for any Loss incurred by you directly or indirectly, including without limitation as a result of or arising out of: in the absence of negligence, fraud, dishonesty or misconduct by Admiral or any of its employees, agents and representatives and to the full extent of the law, any delay in transmitting or a failure to transmit funds caused by reasons outside the control of Admiral or as a result of Admiral’s failure to execute Orders in a timely manner or administer these Account Terms in the manner contemplated by these Account Terms for reasons beyond its control (reasons outside Admiral’s control include but are not limited to, exchange control or other government restrictions, exchange or market rulings, suspension of trading, power failure, telecommunication failure, strikes or war); any moratorium, suspension, halt, delisting or removal from quotation or sponsored publication of any Underlying Reference Instrument or any other similar or analogous occurrence in relation to the Underlying Reference Instrument; any unauthorised use of your user-name login or password; any inaccuracy, error or delay in or omission from any information provided to you under the terms of or for purposes in connection with these Account Terms including the Trading Platform; any delay, interruption, failure or inaccuracies in the transmission of your instructions; any failure of any electronic means used to transmit instructions or to disseminate Orders, data or information or of any telecommunications link; any fault, error or defect in design or engineering of the Trading Platform or computer systems or any delay, fault, failure or loss of access to the Trading Platform; any private dealings, contracts, Transactions or relationships between the Client and any of Admiral’s employees or agents; any delays or failures or inaccuracies, or loss of access to, the provision of a service to you including, without limitation, any delay, failure or inaccuracy in, or the loss of access to, the Trading Platform or in respect of the transmission of Orders or any other information; any misinterpretation of your Orders or instructions which are unclear, ambiguous, or not specific; any government restriction, Exchange or market rulings, suspension of trading, computer or telephone failure, unlawful access to our Trading Platform, theft, sabotage, war, earthquakes, strike, force majeure and, without limitation, any other conditions beyond our control; Admiral is not liable in contract, tort (including negligence) or otherwise for any loss of prospective profits or expenses or special, indirect or consequential damages resulting from the supply of a service or Admiral Product including, without limitation the Trading Platform; and every exemption and limitation from liability available to Admiral will also be available to Admiral’s directors, employees, agents and representatives, for whom Admiral will the benefit of these Account Terms on trust; (e) Admiral`s liability to you is in any event limited to: in the case of goods, the replacement or repair of the goods; or in the case of services, the re-supply of the services. 26.2 To the fullest extent permitted by law, you release, discharge and indemnify and agree to keep Admiral and its respective officers, employees, agents and representatives indemnified from and against all Claims arising out of: acting on your instructions in relation to their dealings in Transactions or otherwise in relation to their Account; the occurrence of any Default; Admiral exercising any of its rights and powers upon occurrence of a Default; the payment of any amounts to the Client, in accordance with these Account Terms; any lawful action by Admiral in accordance with Admiral’s rights under these Account Terms or otherwise, including any actions by Admiral to ensure compliance with any direction, request or requirement of any regulatory authority or government body; any other default, whether by your act or omission under these Account Terms or any Order or Transaction; any breach by you of any Applicable Laws or Rules; any representation or warranty made or given by you under these Account Terms proving to be untrue or incorrect; any error, omission, fraud, malfeasance, negligence, misappropriation or criminal act or omission by you or by any of your clients, employees, agents or Authorised Persons, consultants or servants; any failure of any of your computer or electronic systems or networks to perform, be available or successfully transmit data to Admiral, or any error or inadequacy in the data or information input into such systems or networks by you; any delays in processing any Order including, for example (but not limited to), as a result of systems or market delays, or due to verification or filtering procedures or unauthorised processes, email delays or due to telephone call waiting time or adherence to internal policies and procedures; anything lawfully done by Admiral in accordance with, pursuant or incidental to these Account Terms; any instruction, request or direction given by you; by reason of Admiral complying with any direction, request or requirement of Applicable Laws or Rules, any government body or any regulatory body having jurisdiction over Admiral; arising from and in connection with or in any way related to Admiral in good faith accepting and acting on instructions received by facsimile transmission, email or by other means of any kind which are signed by or purported to be signed by you or any Authorised Person, except only to the extent attributable to the breach of these Account Terms by Admiral or the gross negligence or fraud by Admiral.

Limitations of Liability and Indemnity. 26.1 27.1 Subject to those provisions of the Competition and Consumer Xxx 0000 Act 2010 (Commonwealth), the Australian Securities and Investments Commission Act 2001 (Commonwealth), the Corporations Act, any other legislation and any other rights, duties or other obligations imposed or implied by law which cannot be excluded by agreement between the parties, to the extent each of the following is not prohibited by those laws: we make no warranties either expressly or impliedly as to merchantability, fitness for a particular purpose, or otherwise (including as to accuracy, currency, availability, completeness or quality), with respect to any services we provide under these Account Terms including, without limitation, the Trading Platform; we exclude all liability in contract, tort or otherwise relating to or resulting from use of any services we provide under these Account Terms and for any Loss incurred by you directly or indirectly, including without limitation as a result of or arising out of: in the absence of negligence, fraud, dishonesty or misconduct by Admiral or any of its employees, agents and representatives and to the full extent of the law, any delay in transmitting or a failure to transmit funds caused by reasons outside the control of Admiral or as a result of Admiral’s failure to execute Orders in a timely manner or administer these Account Terms in the manner contemplated by these Account Terms for reasons beyond its control (reasons outside Admiral’s control include but are not limited to, exchange control or other government restrictions, exchange or market rulings, suspension of trading, power failure, telecommunication failure, strikes or war); any moratorium, suspension, halt, delisting or removal from quotation or sponsored publication of any Underlying Reference Instrument or any other similar or analogous occurrence in relation to the Underlying Reference Instrument; any unauthorised use of your user-name login or password; any inaccuracy, error or delay in or omission from any information provided to you under the terms of or for purposes in connection with these Account Terms including the Trading Platform; any delay, interruption, failure or inaccuracies in the transmission of your instructions; any failure of any electronic means used to transmit instructions or to disseminate Orders, data or information or of any telecommunications link; any fault, error or defect in design or engineering of the Trading Platform or computer systems or any delay, fault, failure or loss of access to the Trading Platform; any private dealings, contracts, Transactions or relationships between the Client and any of Admiral’s employees or agents; any delays or failures or inaccuracies, or loss of access to, the provision of a service to you including, without limitation, any delay, failure or inaccuracy in, or the loss of access to, the Trading Platform or in respect of the transmission of Orders or any other information; any misinterpretation of your Orders or instructions which are unclear, ambiguous, or not specific; any government restriction, Exchange or market rulings, suspension of trading, computer or telephone failure, unlawful access to our Trading Platform, theft, sabotage, war, earthquakes, strike, force majeure and, without limitation, any other conditions beyond our control; Admiral is not liable in contract, tort (including negligence) or otherwise for any loss of prospective profits or expenses or special, indirect or consequential damages resulting from the supply of a service or Admiral Product including, without limitation the Trading Platform; and every exemption and limitation from liability available to Admiral will also be available to Admiral’s directors, employees, agents and representatives, for whom Admiral will the benefit of these Account Terms on trust; (e) Admiral`s liability to you is in any event limited to: in the case of goods, the replacement or repair of the goods; or in the case of services, the re-supply of the services. 26.2 27.2 To the fullest extent permitted by law, you release, discharge and indemnify and agree to keep Admiral and its respective officers, employees, agents and representatives indemnified from and against all Claims arising out of: acting on your instructions in relation to their dealings in Transactions or otherwise in relation to their Account; the occurrence of any Default; Admiral exercising any of its rights and powers upon occurrence of a Default; the payment of any amounts to the Client, in accordance with these Account Terms; any lawful action by Admiral in accordance with Admiral’s rights under these Account Terms or otherwise, including any actions by Admiral to ensure compliance with any direction, request or requirement of any regulatory authority or government body; any other default, whether by your act or omission under these Account Terms or any Order or Transaction; any breach by you of any Applicable Laws or Rules; any representation or warranty made or given by you under these Account Terms proving to be untrue or incorrect; any error, omission, fraud, malfeasance, negligence, misappropriation or criminal act or omission by you or by any of your clients, employees, agents or Authorised Persons, consultants or servants; any failure of any of your computer or electronic systems or networks to perform, be available or successfully transmit data to Admiral, or any error or inadequacy in the data or information input into such systems or networks by you; any delays in processing any Order including, for example (but not limited to), as a result of systems or market delays, or due to verification or filtering procedures or unauthorised processes, email delays or due to telephone call waiting time or adherence to internal policies and procedures; anything lawfully done by Admiral in accordance with, pursuant or incidental to these Account Terms; any instruction, request or direction given by you; by reason of Admiral complying with any direction, request or requirement of Applicable Laws or Rules, any government body or any regulatory body having jurisdiction over Admiral; arising from and in connection with or in any way related to Admiral in good faith accepting and acting on instructions received by facsimile transmission, email or by other means of any kind which are signed by or purported to be signed by you or any Authorised Person, except only to the extent attributable to the breach of these Account Terms by Admiral or the gross negligence or fraud by Admiral.

Limitations of Liability and Indemnity. 26.1 21.1. Subject to those provisions of the Competition and Consumer Trade Practices Xxx 0000 (Commonwealth), the Australian Securities and Investments Commission Act 2001 (Commonwealth), the Corporations Act, any other legislation Act and any other rights, duties or other obligations imposed or rights implied by law which cannot be excluded by agreement between the parties, to the extent each of the following is not prohibited by those laws: : (a) we make no warranties either expressly or impliedly as to merchantability, fitness for a particular purpose, or otherwise (including as to accuracy, currency, availability, completeness or quality), with respect to any services we provide under these Account Terms this agreement including, without limitation, the Online Trading Platform; ; (b) we exclude all liability in contract, tort or otherwise relating to or resulting from use of any services we provide under these Account Terms this agreement and for any Loss incurred by you directly or indirectly, including without limitation as a result of or arising out of: : i. in the absence of negligence, fraud, dishonesty or misconduct by Admiral KITCO MARKETS LLC or any of its employees, agents and representatives and to the full extent of the law, any delay in transmitting or a failure to transmit funds caused by reasons outside the control of Admiral KITCO MARKETS LLC or as a result of AdmiralKITCO MARKETS LLC’s failure to execute Orders in a timely manner or administer these Account Terms this agreement in the manner contemplated by these Account Terms this agreement for reasons beyond its control (reasons outside AdmiralKITCO MARKETS LLC’s control include but are not limited to, exchange control or other government restrictions, exchange or market rulings, suspension of trading, power failure, telecommunication failure, strikes or war); ; ii. any moratorium, suspension, halt, delisting or removal from quotation or sponsored publication of any Underlying Reference Instrument Security or any other similar or analogous occurrence in relation to the Underlying Reference Instrument; Security; iii. any unauthorised use of your the Client’s user-name login or password; ; iv. any inaccuracy, error or delay in or omission from any information provided to you under the terms of or for purposes in connection with these Account Terms this agreement including the Online Trading Platform; ; v. any delay, interruption, failure or inaccuracies in the transmission of your instructions; ; vi. any failure of any electronic means used to transmit instructions or to disseminate Orders, data or information or of any telecommunications link; vii. any fault, error or defect in design or engineering of the Online Trading Platform or computer systems or any delay, fault, failure or loss of access to the Online Trading Platform; any private dealings, contracts, Transactions or relationships between the Client and any of Admiral’s employees or agents; any delays or failures or inaccuracies, or loss of access to, the provision of a service to you including, without limitation, any delay, failure or inaccuracy in, or the loss of access to, the Trading Platform or in respect of the transmission of Orders or any other information; any misinterpretation of your Orders or instructions which are unclear, ambiguous, or not specific; any government restriction, Exchange or market rulings, suspension of trading, computer or telephone failure, unlawful access to our Trading Platform, theft, sabotage, war, earthquakes, strike, force majeure and, without limitation, any other conditions beyond our control; Admiral is not liable in contract, tort (including negligence) or otherwise for any loss of prospective profits or expenses or special, indirect or consequential damages resulting from the supply of a service or Admiral Product including, without limitation the Trading Platform; and every exemption and limitation from liability available to Admiral will also be available to Admiral’s directors, employees, agents and representatives, for whom Admiral will the benefit of these Account Terms on trust; (e) Admiral`s liability to you is in any event limited to: in the case of goods, the replacement or repair of the goods; or in the case of services, the re-supply of the services. 26.2 To the fullest extent permitted by law, you release, discharge and indemnify and agree to keep Admiral and its respective officers, employees, agents and representatives indemnified from and against all Claims arising out of: acting on your instructions in relation to their dealings in Transactions or otherwise in relation to their Account; the occurrence of any Default; Admiral exercising any of its rights and powers upon occurrence of a Default; the payment of any amounts to the Client, in accordance with these Account Terms; any lawful action by Admiral in accordance with Admiral’s rights under these Account Terms or otherwise, including any actions by Admiral to ensure compliance with any direction, request or requirement of any regulatory authority or government body; any other default, whether by your act or omission under these Account Terms or any Order or Transaction; any breach by you of any Applicable Laws or Rules; any representation or warranty made or given by you under these Account Terms proving to be untrue or incorrect; any error, omission, fraud, malfeasance, negligence, misappropriation or criminal act or omission by you or by any of your clients, employees, agents or Authorised Persons, consultants or servants; any failure of any of your computer or electronic systems or networks to perform, be available or successfully transmit data to Admiral, or any error or inadequacy in the data or information input into such systems or networks by you; any delays in processing any Order including, for example (but not limited to), as a result of systems or market delays, or due to verification or filtering procedures or unauthorised processes, email delays or due to telephone call waiting time or adherence to internal policies and procedures; anything lawfully done by Admiral in accordance with, pursuant or incidental to these Account Terms; any instruction, request or direction given by you; by reason of Admiral complying with any direction, request or requirement of Applicable Laws or Rules, any government body or any regulatory body having jurisdiction over Admiral; arising from and in connection with or in any way related to Admiral in good faith accepting and acting on instructions received by facsimile transmission, email or by other means of any kind which are signed by or purported to be signed by you or any Authorised Person, except only to the extent attributable to the breach of these Account Terms by Admiral or the gross negligence or fraud by Admiral.;