Means of Accessing and Using. Our Online Trading Facility 17.1 You are solely responsible for providing and maintaining how our Online Trading Facility can be accessed and used, including, but not limited to, a personal computer, modem, telephone, or other access line. 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 assume all the risks associated with the use and storage of information on your personal computer(s) or any other computer(s) through which you will be able to access and/or use our online trading facility ('computer' or 'computer'). 17.3 You represent and warrant 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 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. 17.4 You agree that we shall not be liable to you in any way whatsoever in the event of failure or damage to, or destruction of, your computer systems, data or records or any part thereof, or in the event of delays, losses, errors, or omissions arising out of the failure or mismanagement of any telecommunications or computer equipment or software. 17.5 You will not transmit any infection or viruses, worms, Trojan horses, or any other code that manifests contaminating or destructive properties and/or other similar harmful or inappropriate materials, devices, information, or data to us or any of our online service providers, either directly or indirectly, or in any way. 17.6 You agree to be fully and personally responsible for the due settlement of all transactions and/or agreements entered with us through your account. You are responsible for ensuring that, unless otherwise agreed in advance and in writing, access to your Account is controlled by you and only you and that 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, remain fully liable for all positions traded on your Account and for any credit card transactions entered on your Account. In respect of all costs and losses whatsoever, as may be incurred by us and/or by you consequently, direct, or indirect, of your failure to perform or settle such a transaction, you agree to indemnify us in full. 17.7 You agree that if any Transaction is entered into and/or any Contract is acquired or sold at prices that do. not reflect the relevant market prices or are acquired or sold at an abnormally low level of risk ('mispricing') due to an undetected programming error, error, defect, error, or failure of our Online Trading Facility and/or any related software, or for any other reason, resulting in an undetected programming error, error, error or failure of our Online Trading Facility and/or any related software. Any problem, error or suspected system or other inadequacies that you may experience, you have a duty to report to us. 17.8 Without prejudice to any other provisions of this Agreement, errors in the quotation and/or execution which may include, but are not limited to, the mistype of a quote by a dealer, a quote or trade which is not representative of the prevailing market prices at that time, an erroneous price quote by us or by any third party, such as, but not limited to, an erroneous price quote due to hardware failure, software failure, etc. We reserve the right to make the necessary corrections or adjustments to the account involved in the event of a quotation or execution error. In our sole and absolute discretion, any dispute arising from such quotation or execution errors will be resolved by us.
Appears in 1 contract
Samples: Client Agreement
Means of Accessing and Using. Our Online Trading Facility
17.1 You are shall be solely responsible for providing and maintaining how the means by which to access and use our Online Trading Facility can be accessed and usedFacility, includingwhich may include, but shall not be limited to, a personal computer, modem, telephone, modem and telephone or other access line.
17.2 All You shall be responsible for all access and service fees necessary to connect to our Online Trading Facility and you shall be borne by you and all fees incurred for accessing such systems shall be borne by you. Furthermore, you assume all the charges incurredin accessing suchsystems. 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 be able gain access to, and/or make use of our Online Trading Facility (hereinafter referred to access and/or use our online trading facility ('as "computer"or "your computer' or 'computer'").
17.3 You represent and warrant that, Yourepresent andwarrant that youhave implemented andplanto operate 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 manifesting that manifest 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.
17.4 You agree that we shall not be liable liable, in any manner whatsoever, to you in any way whatsoever in the event of failure or ofor damage to, or destruction of, to your computer systems, data or records or any part thereof, or in the event of for delays, losses, errors, errors or omissions arising out of resulting from the failure or mismanagement of mismanagementof any telecommunications or computer equipment or software.
17.5 You will not transmit to, or in any infection way, whether directly or indirectly, expose us or any of our online service providers to any infectionor viruses, worms, Trojan horses, or any horsesor other code that manifests manifest contaminating or destructive properties and/or other similar harmful or inappropriate materials, devices, information, information or data to us or any of our online service providers, either directly or indirectly, or in any waydata.
17.6 You agree Youagree to be fully and personally responsible andpersonally liable for the due settlement of all transactions and/or agreements every Transactionand/or Contract entered with us into through your accountAccount withus. You are Youare responsible for ensuring that, unless unlesswe otherwise agreed in advance agree beforehand and in writing, you, and only you, shall control access to your Account is controlled by you and only you Account, and that no Minor or other personis granted access to trading on our onour Online Trading Facility is not granted to any minor or other person using your Account. In any Inany event, you, and only you, shall remain fully liable for all any andall positions traded on tradedin your Account Account, and for any credit anycredit card transactions entered on into for your Account. In You agree to indemnify us fully in respect of to all costs and losses costsandlosses whatsoever, as may be maybe incurred by us and/or by you consequentlyas a result, direct, direct or indirect, of your failure to perform or settle such a transaction, you agree to indemnify us in full.
17.7 You agree that if in the case that any Transaction is entered into enteredinto, and/or any Contract is acquired or sold at prices that do. do not reflect the relevant market prices Market Prices, or are that is acquired or sold at an abnormally low level of risk ('"mispricing'") due to an undetected programming error, errorbug, defect, error, error or failure of glitch in our Online Trading Facility and/or any related software, or for any other reason, resulting in an undetected programming mispricing (for the purpose of this clause the "error"), error, we reserve the right to cancel such Transactions and/or Contracts upon notifying youof the nature of the computer error or failure of our Online Trading Facility and/or that led to the mispricing. You have a duty to report to us any related software. Any problem, error or suspected system or other inadequacies that you may experience, you have a duty to report to us.
17.8 Without prejudice to any other provisions of provisionsof this Agreement, errors in the quotation should quoting and/or execution errors occur, which may include, but are not limited to, the a dealer's mistype of a quote by a dealerquote, a quote or trade which is not representative of the then prevailing market prices at that timeMarket Prices, an erroneous price quote by anerroneous Price Quote from us or by any third party, such as, as but not limited to, to an erroneous price quote Price Quote due to hardware failurefailure of hardware, software failureor communication lines or systems and/or inaccurate external data feeds provided by third-party vendors, etcwe will not be liable for the resulting errors in your Account balances. We In the event of a quoting or execution error, we reserve the right to make the makethe necessary corrections or adjustments to on the account involved in the event of a quotation or execution errorAccount involved. In our sole and absolute discretion, any Any dispute arising from such quotation quoting or execution errors will be resolved by usus in our sole and absolute discretion.
Appears in 1 contract
Samples: Client Agreement
Means of Accessing and Using. Our Online Trading Facility
17.1 You are shall be solely responsible for providing and maintaining how the means by which to access and use our Online Trading Facility can be accessed and usedFacility, includingwhich may include, but shall not be limited to, a personal computer, modem, telephone, modem and telephone or other access line.
17.2 All You shall be responsible for all access and service fees necessary to connect to our Online Trading Facility and you shall be borne by you and assume all fees charges incurred for in accessing such systems shall be borne by yousystems. Furthermore, you 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 be able gain access to, and/or make use of our Online Trading Facility (hereinafter referred to access and/or use our online trading facility ('as "computer' " or '"your computer'").
17.3 You represent and warrant that, 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 manifesting that manifest 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.
17.4 You agree that we shall not be liable liable, in any manner whatsoever, to you in any way whatsoever in the event of failure of or damage to, or destruction of, to your computer systems, data or records or any part thereof, or in the event of for delays, losses, errors, errors or omissions arising out of resulting from the failure or mismanagement of any telecommunications or computer equipment or software.
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 manifests manifest contaminating or destructive properties and/or other similar harmful or inappropriate materials, devices, information, information or data to us or any of our online service providers, either directly or indirectly, or in any waydata.
17.6 You agree to be fully and personally responsible liable for the due settlement of all transactions every Transaction and/or agreements Contract entered with us into through your accountAccount with us. You are responsible for ensuring that, unless we otherwise agreed in advance agree beforehand and in writing, you, and only you, shall control access to your Account is controlled by you and only you Account, 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 on in your Account Account, and for any credit card transactions entered on into for your Account. In You agree to indemnify us fully in respect of to all costs and losses whatsoever, as may be incurred by us and/or by you consequentlyas a result, direct, direct or indirect, of your failure to perform or settle such a transaction, you agree to indemnify us in full.
17.7 You agree that if in the case that 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 are that is acquired or sold at an abnormally low level of risk ('"mispricing'") due to an undetected programming error, errorbug, defect, error, error or failure of glitch in our Online Trading Facility and/or any related software, or for any other reason, resulting in an undetected programming mispricing (for the purpose of this clause the "error"), error, we reserve the right to cancel such Transactions and/or Contracts upon notifying you of the nature of the computer error or failure of our Online Trading Facility and/or that led to the mispricing. You have a duty to report to us any related software. Any problem, error or suspected system or other inadequacies that you may experience, you have a duty to report to us.
17.8 Without prejudice to any other provisions of this Agreement, errors in the quotation should quoting and/or execution errors occur, which may include, but are not limited to, the a dealer's mistype of a quote by a dealerquote, a quote or trade which is not representative of the then prevailing market prices at that timeMarket Prices, an erroneous price quote by Price Quote from us or by any third party, such as, as but not limited to, to an erroneous price quote Price Quote due to hardware failurefailure of hardware, software failureor communication lines or systems and/or inaccurate external data feeds provided by third-party vendors, etcwe will not be liable for the resulting errors in your Account balances. We In the event of a quoting or execution error, we reserve the right to make the necessary corrections or adjustments to on the account involved in the event of a quotation or execution errorAccount involved. In our sole and absolute discretion, any Any dispute arising from such quotation quoting or execution errors will be resolved by usus in our sole and absolute discretion.
Appears in 1 contract
Samples: Client Agreement
Means of Accessing and Using. Our Online Trading Facility
17.1 You are solely responsible for providing and maintaining how the means by which our Online Trading Facility can be accessed and used, including, but not limited to, a personal computer, modem, telephone, telephone or other access line.
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 assume all the risks associated with the use and storage of information on your personal computer(s) or any other computer(s) through which you will be able to access and/or use our online trading facility ('computer' or 'computer').
17.3 You represent and warrant 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 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.
17.4 You agree that we shall not be liable to you in any way whatsoever in the event of failure or damage to, or destruction of, your computer systems, data or records or any part thereof, or in the event of delays, losses, errors, errors or omissions arising out of the failure or mismanagement of any telecommunications or computer equipment or software.
17.5 You will not transmit any infection or viruses, worms, Trojan horses, horses or any other code that manifests contaminating or destructive properties and/or other similar harmful or inappropriate materials, devices, information, information or data to us or any of our online service providers, either directly or indirectly, or in any way.
17.6 You agree to be fully and personally responsible for the due settlement of all transactions and/or agreements entered into with us through your account. You are responsible for ensuring that, unless otherwise agreed in advance and in writing, access to your Account is controlled by you and only you and that 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, remain fully liable for any and all positions traded on your Account and for any credit card transactions entered on your Account. In respect of all costs and losses whatsoever, as may be incurred by us and/or by you consequentlyas a consequence, direct, direct or indirect, of your failure to perform or settle such a transaction, you agree to indemnify us in full.
17.7 You agree that if any Transaction is entered into and/or any Contract is acquired or sold at prices that do. do not reflect the relevant market prices or are acquired or sold at an abnormally low level of risk ('mispricingmiss- pricing') due to an undetected programming error, error, defect, error, error or failure of our Online Trading Facility and/or any related software, or for any other reason, resulting in an undetected programming error, error, error or failure of our Online Trading Facility and/or any related software. Any problem, error or suspected system or other inadequacies that you may experience, you have a duty to report to us.
17.8 Without prejudice to any other provisions of this Agreement, errors in the quotation and/or execution which may include, but are not limited to, the mistype of a quote by a dealer, a quote or trade which is not representative of the prevailing market prices at that time, an erroneous price quote by us or by any third party, such as, but not limited to, an erroneous price quote due to hardware failure, software failure, etc. We reserve the right to make the necessary corrections or adjustments to the account involved in the event of a quotation or execution error. In our sole and absolute discretion, any dispute arising from such quotation or execution errors will be resolved by us.
Appears in 1 contract
Samples: Client Agreement
Means of Accessing and Using. Our Online Trading Facility
17.1 18.1. You are shall be solely responsible for providing and maintaining how the means by which you access and use our Online Trading Facility can be accessed and usedFacility, includingwhich may include, but shall not be limited to, a personal computer, modem, telephone, modem and telephone or other access line.
17.2 All 18.2. You shall be responsible for all access and service fees necessary to connect to our Online Trading Facility and you shall be borne by you and assume all fees charges incurred for in accessing such systems shall be borne by yousystems. Furthermore, you 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 be able gain access to, and/or make use of our Online Trading Facility (hereinafter referred to access and/or use our online trading facility ('as "computer' " or '"your computer'").
17.3 18.3. You represent and warrant that, 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 manifesting that manifest 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.
17.4 18.4. You agree that we shall not be liable liable, in any manner whatsoever, to you in any way whatsoever in the event of failure of or damage to, or destruction of, to your computer systems, data or records or any part thereof, or in the event of for delays, losses, errors, errors or omissions arising out of resulting from the failure or mismanagement of any telecommunications or computer equipment or software.
17.5 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, horses or any other code that manifests manifest contaminating or destructive properties and/or other similar harmful or inappropriate materials, devices, information, information or data to us or any of our online service providers, either directly or indirectly, or in any waydata.
17.6 18.6. You agree to be fully and personally responsible liable for the due settlement of all transactions every Transaction and/or agreements Contract entered with us into through your accountAccount with us. You are responsible for ensuring that, unless we otherwise agreed in advance agree beforehand and in writing, you, and only you, shall control access to your Account is controlled by you and only you Account, 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 on in your Account Account, and for any credit card transactions entered on into for your Account. In You agree to indemnify us fully in respect of to all costs and losses whatsoever, as may be incurred by us and/or by you consequentlyas a result, direct, direct or indirect, of your failure to perform or settle such a transaction, you agree to indemnify us in full.
17.7 18.7. You agree that if in the case that 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 are that is acquired or sold at an abnormally low level of risk ('"mispricing'") due to an undetected programming error, errorbug, defect, error, error or failure of glitch in our Online Trading Facility and/or any related software, or for any other reason, resulting in an undetected programming mispricing (for the purpose of this clause the "error"), error, we reserve the right to cancel such Transactions and/or Contracts upon notifying you of the nature of the computer error or failure of our Online Trading Facility and/or that led to the mispricing. You have a duty to report to us any related software. Any problem, error or suspected system or other inadequacies that you may experience, you have a duty to report to us.
17.8 18.8. Without prejudice to any other provisions of this Agreement, errors in the quotation should quoting and/or execution errors occur, which may include, but are not limited to, the a dealer's mistype of a quote by a dealerquote, a quote or trade which is not representative of the then prevailing market prices at that timeMarket Prices, an erroneous price quote by Price Quote from us or by any third party, party such as, but not limited to, an erroneous price quote Price Quote due to hardware failurefailure of hardware, software failureor communication lines or systems and/or inaccurate external data feeds provided by third-party vendors, etcwe will not be liable for the resulting errors in your Account balances. We In the event of a quoting or execution error, we reserve the right to make the necessary corrections or adjustments to on the account involved in the event of a quotation or execution errorAccount involved. In our sole and absolute discretion, any Any dispute arising from such quotation quoting or execution errors will be resolved by usus in our sole and absolute discretion.
Appears in 1 contract
Samples: Client Agreement