Common use of Means of Accessing and Using Clause in Contracts

Means of Accessing and Using. Our Online Trading Facility 18.1. You shall be solely responsible for providing and maintaining the means by which you access and use our Online Trading Facility, which may include, but shall not be limited to, a personal computer, modem and telephone or other access line. 18.2. You shall be responsible for all access and service fees necessary to connect to our Online Trading Facility and you shall assume all charges incurred in accessing such systems. You further assume all risks associated with the use and storage of information on your personal computer(s) or on any other computer(s) through which you will gain access to, and/or make use of our Online Trading Facility (hereinafter referred to as "computer" or "your computer"). 18.3. You represent and warrant that you have implemented and plan to operate and maintain appropriate protection in relation to the security and control of all access and use of your computer, infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties and/or other similar harmful or inappropriate materials, devices, information or data. 18.4. You agree that we shall not be liable, in any manner whatsoever, to you in the event of failure of or damage or destruction to your computer systems, data or records or any part thereof, or for delays, losses, errors or omissions resulting from the failure or mismanagement of any telecommunications or computer equipment or software. 18.5. You will not transmit to, or in any way, whether directly or indirectly, expose us or any of our online service providers to any infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties and/or other similar harmful or inappropriate materials, devices, information or data. 18.6. You agree to be fully and personally liable for the due settlement of every Transaction and/or Contract entered into through your Account with us. You are responsible for ensuring that, unless we otherwise agree beforehand and in writing, you, and only you, shall control access to your Account, and that no Minor or other person is granted access to trading on our Online Trading Facility using your Account. In any event, you, and only you, shall remain fully liable for any and all positions traded in your Account, and for any credit card transactions entered into for your Account. You agree to indemnify us fully in respect to all costs and losses whatsoever, as may be incurred by us and/or by you as a result, direct or indirect, of your failure to perform or settle such a transaction. 18.7. You agree that in the case that any Transaction is entered into, and/or any Contract is acquired or sold at prices that do not reflect relevant Market Prices, or that is acquired or sold at an abnormally low level of risk ("mispricing") due to an undetected programming error, bug, defect, error or glitch in our Online Trading Facility and/or any related software, or for any other reason, resulting in mispricing (for the purpose of this clause the "error"), we reserve the right to cancel such Transactions and/or Contracts upon notifying you of the nature of the computer error that led to the mispricing. You have a duty to report to us any problem, error or suspected system or other inadequacies that you may experience. 18.8. Without prejudice to any other provisions of this Agreement, should quoting and/or execution errors occur, which may include, but are not limited to, a dealer's mistype of a quote, a quote or trade which is not representative of the then prevailing Market Prices, an erroneous Price Quote from us or any third party such as, but not limited to, an erroneous Price Quote due to failure of hardware, software or communication lines or systems and/or inaccurate external data feeds provided by third-party vendors, we will not be liable for the resulting errors in your Account balances. In the event of a quoting or execution error, we reserve the right to make the necessary corrections or adjustments on the Account involved. Any dispute arising from such quoting or execution errors will be resolved by us in our sole and absolute discretion.

Appears in 1 contract

Samples: Client Agreement

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Means of Accessing and Using. Our Online Trading Facility 18.1. 17.1 You shall be are solely responsible for providing and maintaining the means by which you access and use our Online Trading FacilityFacility can be accessed and used, which may includeincluding, but shall not be limited to, a personal computer, modem and modem, telephone or other access line. 18.2. You shall be responsible for all 17.2 All access and service fees necessary to connect to our Online Trading Facility shall be borne by you and all fees incurred for accessing such systems shall be borne by you. Furthermore, you shall assume all charges incurred in accessing such systems. You further assume all the risks associated with the use and storage of information on your personal computer(s) or on any other computer(s) through which you will gain be able to access to, and/or make use of our Online Trading Facility online trading facility (hereinafter referred to as "'computer" ' or "your 'computer"'). 18.3. 17.3 You represent and warrant that you have implemented and plan to operate and maintain appropriate protection that, in relation to the security and control of all access and use of your computer, infection or viruses, worms, Trojan horses or other code that manifest manifesting contaminating or destructive properties and/or other similar harmful or inappropriate materials, devices, information or data, you have implemented and plan to operate and maintain adequate protection. 18.4. 17.4 You agree that we shall not be liable, liable to you in any manner whatsoever, to you way whatsoever in the event of failure of or damage to, or destruction to of, your computer systems, data or records or any part thereof, or for in the event of delays, losses, errors or omissions resulting from arising out of the failure or mismanagement of any telecommunications or computer equipment or software. 18.5. 17.5 You will not transmit to, or in any way, whether directly or indirectly, expose us or any of our online service providers to any infection or viruses, worms, Trojan horses or any other code that manifest manifests contaminating or destructive properties and/or other similar harmful or inappropriate materials, devices, information or datadata to us or any of our online service providers, either directly or indirectly, or in any way. 18.6. 17.6 You agree to be fully and personally liable responsible for the due settlement of every Transaction all transactions and/or Contract agreements entered into with us through your Account with usaccount. You are responsible for ensuring that, unless we otherwise agree beforehand agreed in advance and in writing, you, and only you, shall control access to your Account, Account is controlled by you and only you and that no Minor or other person is granted access to trading on our Online Trading Facility is not granted to any minor or other person using your Account. In any event, you, and only you, shall remain fully liable for any and all positions traded in on your Account, Account and for any credit card transactions entered into for on your Account. You agree to indemnify us fully in In respect to of all costs and losses whatsoever, as may be incurred by us and/or by you as a resultconsequence, direct or indirect, of your failure to perform or settle such a transaction, you agree to indemnify us in full. 18.7. 17.7 You agree that in the case that if any Transaction is entered into, into and/or any Contract is acquired or sold at prices that do not reflect the relevant Market Prices, market prices or that is are acquired or sold at an abnormally low level of risk ("mispricing"'miss- pricing') due to an undetected programming error, bugerror, defect, error or glitch in failure of our Online Trading Facility and/or any related software, or for any other reason, resulting in mispricing (for the purpose an undetected programming error, error, error or failure of this clause the "error"), we reserve the right to cancel such Transactions our Online Trading Facility and/or Contracts upon notifying you of the nature of the computer error that led to the mispricingany related software. You have a duty to report to us any Any problem, error or suspected system or other inadequacies that you may experience, you have a duty to report to us. 18.8. 17.8 Without prejudice to any other provisions of this Agreement, should quoting errors in the quotation and/or execution errors occur, which may include, but are not limited to, a dealer's the mistype of a quotequote by a dealer, a quote or trade which is not representative of the then prevailing Market Pricesmarket prices at that time, an erroneous Price Quote from price quote by us or by any third party party, such as, but not limited to, an erroneous Price Quote price quote due to failure of hardwarehardware failure, software or communication lines or systems and/or inaccurate external data feeds provided by third-party vendorsfailure, we will not be liable for the resulting errors in your Account balancesetc. In the event of a quoting or execution error, we We reserve the right to make the necessary corrections or adjustments on to the Account involvedaccount involved in the event of a quotation or execution error. Any In our sole and absolute discretion, any dispute arising from such quoting quotation or execution errors will be resolved by us in our sole and absolute discretionus.

Appears in 1 contract

Samples: Client Agreement

Means of Accessing and Using. Our Online Trading Facility 18.1. 17.1 You shall be are solely responsible for providing and maintaining the means by which you access and use how our Online Trading FacilityFacility can be accessed and used, which may includeincluding, but shall not be limited to, a personal computer, modem and telephone modem, telephone, or other access line. 18.2. You shall be responsible for all 17.2 All access and service fees necessary to connect to our Online Trading Facility shall be borne by you and all fees incurred for accessing such systems shall be borne by you. Furthermore, you shall assume all charges incurred in accessing such systems. You further assume all the risks associated with the use and storage of information on your personal computer(s) or on any other computer(s) through which you will gain be able to access to, and/or make use of our Online Trading Facility online trading facility (hereinafter referred to as "'computer" ' or "your 'computer"'). 18.3. 17.3 You represent and warrant that you have implemented and plan to operate and maintain appropriate protection that, in relation to the security and control of all access and use of your computer, infection or viruses, worms, Trojan horses or other code that manifest manifesting contaminating or destructive properties and/or other similar harmful or inappropriate materials, devices, information or data, you have implemented and plan to operate and maintain adequate protection. 18.4. 17.4 You agree that we shall not be liable, liable to you in any manner whatsoever, to you way whatsoever in the event of failure of or damage to, or destruction to of, your computer systems, data or records or any part thereof, or for in the event of delays, losses, errors errors, or omissions resulting from arising out of the failure or mismanagement of any telecommunications or computer equipment or software. 18.5. 17.5 You will not transmit to, or in any way, whether directly or indirectly, expose us or any of our online service providers to any infection or viruses, worms, Trojan horses horses, or any other code that manifest manifests contaminating or destructive properties and/or other similar harmful or inappropriate materials, devices, information information, or datadata to us or any of our online service providers, either directly or indirectly, or in any way. 18.6. 17.6 You agree to be fully and personally liable responsible for the due settlement of every Transaction all transactions and/or Contract agreements entered into with us through your Account with usaccount. You are responsible for ensuring that, unless we otherwise agree beforehand agreed in advance and in writing, you, and only you, shall control access to your Account, Account is controlled by you and only you and that no Minor or other person is granted access to trading on our Online Trading Facility is not granted to any minor or other person using your Account. In any event, you, and only you, shall remain fully liable for any and all positions traded in on your Account, Account and for any credit card transactions entered into for on your Account. You agree to indemnify us fully in In respect to of all costs and losses whatsoever, as may be incurred by us and/or by you as a resultconsequently, direct direct, or indirect, of your failure to perform or settle such a transaction, you agree to indemnify us in full. 18.7. 17.7 You agree that in the case that if any Transaction is entered into, into and/or any Contract is acquired or sold at prices that do do. not reflect the relevant Market Prices, market prices or that is are acquired or sold at an abnormally low level of risk ("'mispricing"') due to an undetected programming error, bugerror, defect, error error, or glitch in failure of our Online Trading Facility and/or any related software, or for any other reason, resulting in mispricing (for the purpose an undetected programming error, error, error or failure of this clause the "error"), we reserve the right to cancel such Transactions our Online Trading Facility and/or Contracts upon notifying you of the nature of the computer error that led to the mispricingany related software. You have a duty to report to us any Any problem, error or suspected system or other inadequacies that you may experience, you have a duty to report to us. 18.8. 17.8 Without prejudice to any other provisions of this Agreement, should quoting errors in the quotation and/or execution errors occur, which may include, but are not limited to, a dealer's the mistype of a quotequote by a dealer, a quote or trade which is not representative of the then prevailing Market Pricesmarket prices at that time, an erroneous Price Quote from price quote by us or by any third party party, such as, but not limited to, an erroneous Price Quote price quote due to failure of hardwarehardware failure, software or communication lines or systems and/or inaccurate external data feeds provided by third-party vendorsfailure, we will not be liable for the resulting errors in your Account balancesetc. In the event of a quoting or execution error, we We reserve the right to make the necessary corrections or adjustments on to the Account involvedaccount involved in the event of a quotation or execution error. Any In our sole and absolute discretion, any dispute arising from such quoting quotation or execution errors will be resolved by us in our sole and absolute discretionus.

Appears in 1 contract

Samples: Client Agreement

Means of Accessing and Using. Our Online Trading Facility 18.1. 17.1 You shall be solely responsible for providing and maintaining the means by which you to access and use our Online Trading Facility, which may include, but shall not be limited to, a personal computer, modem and telephone or other access line. 18.2. 17.2 You shall be responsible for all access and service fees necessary to connect to our Online Trading Facility and you shall assume all charges incurred in incurredin accessing such systemssuchsystems. You further assume all risks associated with the associatedwiththe use and storage of information on your personal computer(s) or on any other computer(s) through which you will gain access to, and/or make use of our Online Trading Facility (hereinafter referred to as "computer" or computer"or "your computer"). 18.3. You represent and warrant 17.3 Yourepresent andwarrant that you have youhave implemented and plan to andplanto operate and maintain andmaintain appropriate protection in relation to the tothe security and control of all access and use of your controlofallaccessanduse ofyour computer, infection or virusesorviruses, worms, Trojan horses Trojanhorses or other code that manifest contaminating or destructive properties and/or other similar harmful or inappropriate materials, devices, information or data. 18.4. 17.4 You agree that we shall not be liable, in any manner whatsoever, to you in the event of failure of or ofor damage or destruction to your computer systems, data or records or any part thereof, or for delays, losses, errors or omissions resulting from the failure or mismanagement of mismanagementof any telecommunications or computer equipment or software. 18.5. 17.5 You will not transmit to, or in any way, whether directly or indirectly, expose us or any of our online service providers to any infection or infectionor viruses, worms, Trojan horses or horsesor other code that manifest contaminating or destructive properties and/or other similar harmful or inappropriate materials, devices, information or data. 18.6. You agree 17.6 Youagree to be fully and personally andpersonally liable for the due settlement of every Transaction and/or Transactionand/or Contract entered into through your Account with uswithus. You are Youare responsible for ensuring that, unless we unlesswe otherwise agree beforehand and in writing, you, and only you, shall control access to your Account, and that no Minor or other person is personis granted access to trading on our onour Online Trading Facility using your Account. In any Inany event, you, and only you, shall remain fully liable for any and all andall positions traded in tradedin your Account, and for any credit anycredit card transactions entered into for your Account. You agree to indemnify us fully in respect to all costs and losses costsandlosses whatsoever, as may be maybe incurred by us and/or by you as a result, direct or indirect, of your failure to perform or settle such a transaction. 18.7. 17.7 You agree that in the case that any Transaction is entered intoenteredinto, and/or any Contract is acquired or sold at prices that do not reflect relevant Market Prices, or that is acquired or sold at an abnormally low level of risk ("mispricing") due to an undetected programming error, bug, defect, error or glitch in our Online Trading Facility and/or any related software, or for any other reason, resulting in mispricing (for the purpose of this clause the "error"), we reserve the right to cancel such Transactions and/or Contracts upon notifying you of youof the nature of the computer error that led to the mispricing. You have a duty to report to us any problem, error or suspected system or other inadequacies that you may experience. 18.8. 17.8 Without prejudice to any other provisions of provisionsof this Agreement, should quoting and/or execution errors occur, which may include, but are not limited to, a dealer's mistype of a quote, a quote or trade which is not representative of the then prevailing Market Prices, an erroneous anerroneous Price Quote from us or any third party party, such as, as but not limited to, to an erroneous Price Quote due to failure of hardware, software or communication lines or systems and/or inaccurate external data feeds provided by third-party vendors, we will not be liable for the resulting errors in your Account balances. In the event of a quoting or execution error, we reserve the right to make the makethe necessary corrections or adjustments on the Account involved. Any dispute arising from such quoting or execution errors will be resolved by us in our sole and absolute discretion.

Appears in 1 contract

Samples: Client Agreement

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Means of Accessing and Using. Our Online Trading Facility 18.1. 17.1 You shall be solely responsible for providing and maintaining the means by which you to access and use our Online Trading Facility, which may include, but shall not be limited to, a personal computer, modem and telephone or other access line. 18.2. 17.2 You shall be responsible for all access and service fees necessary to connect to our Online Trading Facility and you shall assume all charges incurred in accessing such systems. You further assume all risks associated with the use and storage of information on your personal computer(s) or on any other computer(s) through which you will gain access to, and/or make use of our Online Trading Facility (hereinafter referred to as "computer" or "your computer"). 18.3. 17.3 You represent and warrant that you have implemented and plan to operate and maintain appropriate protection in relation to the security and control of all access and use of your computer, infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties and/or other similar harmful or inappropriate materials, devices, information or data. 18.4. 17.4 You agree that we shall not be liable, in any manner whatsoever, to you in the event of failure of or damage or destruction to your computer systems, data or records or any part thereof, or for delays, losses, errors or omissions resulting from the failure or mismanagement of any telecommunications or computer equipment or software. 18.5. 17.5 You will not transmit to, or in any way, whether directly or indirectly, expose us or any of our online service providers to any infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties and/or other similar harmful or inappropriate materials, devices, information or data. 18.6. 17.6 You agree to be fully and personally liable for the due settlement of every Transaction and/or Contract entered into through your Account with us. You are responsible for ensuring that, unless we otherwise agree beforehand and in writing, you, and only you, shall control access to your Account, and that no Minor or other person is granted access to trading on our Online Trading Facility using your Account. In any event, you, and only you, shall remain fully liable for any and all positions traded in your Account, and for any credit card transactions entered into for your Account. You agree to indemnify us fully in respect to all costs and losses whatsoever, as may be incurred by us and/or by you as a result, direct or indirect, of your failure to perform or settle such a transaction. 18.7. 17.7 You agree that in the case that any Transaction is entered into, and/or any Contract is acquired or sold at prices that do not reflect relevant Market Prices, or that is acquired or sold at an abnormally low level of risk ("mispricing") due to an undetected programming error, bug, defect, error or glitch in our Online Trading Facility and/or any related software, or for any other reason, resulting in mispricing (for the purpose of this clause the "error"), we reserve the right to cancel such Transactions and/or Contracts upon notifying you of the nature of the computer error that led to the mispricing. You have a duty to report to us any problem, error or suspected system or other inadequacies that you may experience. 18.8. 17.8 Without prejudice to any other provisions of this Agreement, should quoting and/or execution errors occur, which may include, but are not limited to, a dealer's mistype of a quote, a quote or trade which is not representative of the then prevailing Market Prices, an erroneous Price Quote from us or any third party party, such as, as but not limited to, to an erroneous Price Quote due to failure of hardware, software or communication lines or systems and/or inaccurate external data feeds provided by third-party vendors, we will not be liable for the resulting errors in your Account balances. In the event of a quoting or execution error, we reserve the right to make the necessary corrections or adjustments on the Account involved. Any dispute arising from such quoting or execution errors will be resolved by us in our sole and absolute discretion.

Appears in 1 contract

Samples: Client Agreement

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