ONLINE TRADING FACILITIES. 9.1. Blueberry Markets agrees to grant you access to one or more electronic terminals, including terminal access through your internet browser, for the electronic transmission of orders to your Trading Account with Blueberry Markets. 9.2. Blueberry Markets will allow you to monitor the activity and Positions in your Account by providing the Trading Platform. The Trading Platform may be a proprietary service offered by Blueberry Markets or a third-party system. 9.3. Where the Trading Platform is provided by a third party, third party terms and conditions may apply which Blueberry Markets may not necessarily have control over or be a party to. The onus is on you to ensure that you read and understand these terms and conditions. 9.4. Blueberry Markets makes no representations or warranties regarding any services provided by any third party. 9.5. You agree that you will not distribute the Trading Platform to any third party. 9.6. The Trading Platform may be used to transmit, receive, and confirm the execution of orders, subject to market conditions and applicable Operating Rules and laws and regulations. 9.7. Transactions are not confirmed until Blueberry Markets provides confirmation. The confirmation made available on the Trading Platform constitutes Blueberry Markets confirmation of a contract. 9.8. It is your responsibility to prevent unauthorised access and use of the Trading Platform. You accept liability for all trades executed through your Trading Account. 9.9. You must use the Trading Platform as permitted in accordance with this Client Agreement, our policies and any applicable laws and regulations. 9.10. Blueberry Markets reserves the right to change any of its policies at any time relating to the use of the Trading Platform. 9.11. The Trading Platform may be available in several versions, which may have differences including, but not limited to the level of security, products and services available. Blueberry Markets will not be liable in connection with you using a version different from the standard version with all available updates installed. 9.12. Blueberry Markets may offer real-time tradeable prices to you. Due to delayed transmission between you and Blueberry Markets the price offered may have changed before an order is received by us. If automatic order execution is offered to you, Blueberry Markets will be entitled to change the price on which your order is executed to the market value at the time which the order form was received. 9.13. Blueberry Markets does not warrant that access to, or use of, the Trading Platform will be uninterrupted or error free, or that the service will meet any criteria with respect to its performance or quality. Blueberry Markets expressly disclaims all implied warranties, including, without limitation, warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security, or accuracy. 9.14. You agree that under no circumstances, including negligence, will Blueberry Markets, its employees and/or service providers be liable for any direct, indirect, incidental, special or consequential damages including, without limitation, business interruption or loss of profits that may result from the use of, or inability to use, the Trading Platform, including any loss or damages arising as a result of the Trading Platform being unavailable. 9.15. You agree not to hold Blueberry Markets and any of its service providers liable for any form of damage arising as a result of the unavailability of the Trading Platform. 9.16. You agree that the use of the Trading Platform is at your risk and you assume full responsibility for any losses resulting from the use of software and/or any other materials obtained via the online trading facility. You also assume full responsibility for any losses resulting from the use of software and/or any other materials obtained by you via a third-party provider; including but not limited to Expert Advisors (EAs), signal/trade alert providers and trade copiers. Blueberry Markets does not offer this software/material and accordingly does not provide technical support in relation to the use thereof. 9.17. Blueberry Markets and its service providerswillnotacceptanyformofliability, including any loss or damage to you or to any other person, for: a. Any inaccuracies, errors or delays or omissions of any data, information or message or transmission or delivery of any such data, information or message; b. Non-performance; c. Interruptions in data, information, or message transmission, due to any negligent act or omission, including any force majeure event or any other cause, whether or not within Blueberry Markets control – this includes but is not limited to: floods, extraordinary weather conditions, earthquakes, acts of God, fire, war, riot, labour disputes, accidents, actions of any government, communications or power failure, equipment or software malfunction. 9.18. The use and storage of any information provided or made available to you using the Trading Platform is for your use and is your sole risk and responsibility. 9.19. You are responsible for providing and maintaining the communications equipment and telephone or alternative services required for accessing and using the Trading Platform, and for all communications service fees and charges you incur in accessing the Trading Platform. 0.00. Xxx acknowledge that from time to time, and for any reason, the online trading facility may not be operational or otherwise available for your use due to servicing, hardware malfunction, software defect, service or transmission interruption or any other cause. 9.21. You acknowledge that you always have alternative arrangements in place, for the transmission and execution of orders, if for any reason, circumstances prevent the transmission and execution of all, or any portion of, your orders through the Trading Platform. In the event of the Trading Platform not being operational, you agree that it is your responsibility to contact Blueberry Markets to make alternative order entry arrangements. Such arrangements may be by telephone, or as otherwise agreed. 9.22. You may not, under any circumstances, use the Trading Platform to do any of the following: a. Publish, post, distribute or disseminate defamatory, infringing, obscene, or other unlawful or offensive material or; b. Intercept or attempt to intercept any email correspondence; c. adversely affect its availability or its resources to other users; d. Send correspondence electronically or otherwise to other users for any purpose other than personal communication; or e. Act, or fail to act, in a manner which may result in the violation of any laws or regulations.
Appears in 2 contracts
Samples: Client Agreement, Client Agreement
ONLINE TRADING FACILITIES. 9.14.1. Blueberry Markets agrees to grant you access to one or more electronic terminals, including terminal access through your internet browser, for the electronic transmission of orders to your Trading Account with Blueberry Markets.
9.24.2. Blueberry Markets will allow you to monitor the activity and Positions in your Account by providing the Trading Platform. The Trading Platform may be a proprietary service offered by Blueberry Markets or a third-party system.
9.34.3. Where the Trading Platform is provided by a third party, third party terms and conditions may apply which Blueberry Markets may not necessarily have control over or be a party to. The onus is on you to ensure that you read and understand these terms and conditions.
9.44.4. Blueberry Markets makes no representations or warranties regarding any services provided by any third party.
9.54.5. You agree that you will not distribute the Trading Platform to any third party.
9.64.6. The Trading Platform may be used to transmit, receive, and confirm the execution of orders, subject to market conditions and applicable Operating Rules and laws and regulations.
9.74.7. Transactions are not confirmed until Blueberry Markets provides confirmation. The confirmation made available on the Trading Platform constitutes Blueberry Markets confirmation of a contract.
9.84.8. It is your responsibility to prevent unauthorised access and use of the Trading Platform. You accept liability for all trades executed through your Trading Account.
9.94.9. You must use the Trading Platform as permitted in accordance with this Client Agreement, our policies and any applicable laws and regulations.
9.104.10. Blueberry Markets reserves the right to change any of its policies at any time relating to the use of the Trading Platform.
9.114.11. The Trading Platform may be available in several versions, which may have differences including, but not limited to the level of security, products and services available. Blueberry Markets will not be liable in connection with you using a version different from the standard version with all available updates installed.
9.124.12. Blueberry Markets may offer real-time tradeable prices to you. Due to delayed transmission between you and Blueberry Markets the price offered may have changed before an order is received by us. If automatic order execution is offered to you, Blueberry Markets will be entitled to change the price on which your order is executed to the market value at the time which the order form was received.
9.134.13. Blueberry Markets does not warrant that access to, or use of, the Trading Platform will be uninterrupted or error free, or that the service will meet any criteria with respect to its performance or quality. Blueberry Markets expressly disclaims all implied warranties, including, without limitation, warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security, or accuracy.
9.144.14. You agree that under no circumstances, including negligence, will Blueberry Markets, its employees and/or service providers be liable for any direct, indirect, incidental, special or consequential damages including, without limitation, business interruption or loss of profits that may result from the use of, or inability to use, the Trading Platform, including any loss or damages arising as a result of the Trading Platform being unavailable.
9.154.15. You agree not to hold Blueberry Markets and any of its service providers liable for any form of damage arising as a result of the unavailability of the Trading Platform.
9.164.16. You agree that the use of the Trading Platform is at your risk and you assume full responsibility for any losses resulting from the use of software and/or any other materials obtained via the online trading facility. You also assume full responsibility for any losses resulting from the use of software and/or any other materials obtained by you via a third-party provider; including but not limited to Expert Advisors (EAs), signal/trade alert providers and trade copiers. Blueberry Markets does not offer this software/material and accordingly does not provide technical support in relation to the use thereof.
9.174.17. Blueberry Markets and its service providerswillnotacceptanyformofliabilityproviders will not accept any form of liability, including any loss or damage to you or to any other person, for:
a. Any inaccuracies, errors or delays or omissions of any data, information or message or transmission or delivery of any such data, information or message;
b. Non-performance;
c. Interruptions in data, information, or message transmission, due to any negligent act or omission, including any force majeure event or any other cause, whether or not within Blueberry Markets control – this includes but is not limited to: floods, extraordinary weather conditions, earthquakes, acts of God, fire, war, riot, labour disputes, accidents, actions of any government, communications or power failure, equipment or software malfunction.
9.184.18. The use and storage of any information provided or made available to you using the Trading Platform is for your use and is your sole risk and responsibility.
9.194.19. You are responsible for providing and maintaining the communications equipment and telephone or alternative services required for accessing and using the Trading Platform, and for all communications service fees and charges you incur in accessing the Trading Platform.
0.004.20. Xxx You acknowledge that from time to time, and for any reason, the online trading facility may not be operational or otherwise available for your use due to servicing, hardware malfunction, software defect, service or transmission interruption or any other cause.
9.214.21. You acknowledge that you always have alternative arrangements in place, for the transmission and execution of orders, if for any reason, circumstances prevent the transmission and execution of all, or any portion of, your orders through the Trading Platform. In the event of the Trading Platform not being operational, you agree that it is your responsibility to contact Blueberry Markets to make alternative order entry arrangements. Such arrangements may be by telephone, or as otherwise agreed.
9.224.22. You may not, under any circumstances, use the Trading Platform to do any of the following:
a. Publish, post, distribute or disseminate defamatory, infringing, obscene, or other unlawful or offensive material or;
b. Intercept or attempt to intercept any email correspondence;
c. adversely affect its availability or its resources to other users;
d. Send correspondence electronically or otherwise to other users for any purpose other than personal communication; or
e. Act, or fail to act, in a manner which may result in the violation of any laws or regulations.
Appears in 1 contract
Samples: Client Agreement
ONLINE TRADING FACILITIES. 9.1. Blueberry Markets Focus agrees to grant you access to one or more electronic terminals, including terminal access through your internet browser, for the electronic transmission of orders to your Trading Account with Blueberry MarketsFocus.
9.2. Blueberry Markets Focus will allow you to monitor the activity and Positions in your Account by providing the Trading Platform. The Trading Platform may be a proprietary service offered by Blueberry Markets Focus or a third-party system.
9.3. Where the Trading Platform is provided by a third party, third party terms and conditions may apply which Blueberry Markets Focus may not necessarily have control over or be a party to. The onus is on you to ensure that you read and understand these terms and conditions.
9.4. Blueberry Markets Focus makes no representations or warranties regarding any services provided by any third party.
9.5. You agree that you will not distribute the Trading Platform to any third party.
9.6. The Trading Platform may be used to transmit, receive, and confirm the execution of orders, subject to market conditions and applicable Operating Rules and laws and regulations.
9.7. Transactions are not confirmed until Blueberry Markets Focus provides confirmation. The confirmation made available on the Trading Platform constitutes Blueberry Markets Focus’ confirmation of a contract.
9.8. It is your responsibility to prevent unauthorised access and use of the Trading Platform. You accept liability for all trades executed through your Trading Account.
9.9. You must use the Trading Platform as permitted in accordance with this Client Agreement, our policies and any applicable laws and regulations.
9.10. Blueberry Markets Focus reserves the right to change any of its policies at any time relating to the use of the Trading Platform.
9.11. The Trading Platform may be available in several versions, which may have differences including, but not limited to the level of security, products and services available. Blueberry Markets Focus will not be liable in connection with you using a version different from the standard version with all available updates installed.
9.12. Blueberry Markets Focus may offer real-time tradeable prices to you. Due to delayed transmission between you and Blueberry Markets Focus the price offered may have changed before an order is received by us. If automatic order execution is offered to you, Blueberry Markets Focus will be entitled to change the price on which your order is executed to the market value at the time which the order form was received.
9.13. Blueberry Markets Focus does not warrant that access to, or use of, the Trading Platform will be uninterrupted or error free, or that the service will meet any criteria with respect to its performance or quality. Blueberry Markets Focus expressly disclaims all implied warranties, including, without limitation, : warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security, or accuracy.
9.14. You agree that under no circumstances, including negligence, will Blueberry MarketsFocus, its employees and/or service providers be liable for any direct, indirect, incidental, special or consequential damages including, without limitation, business interruption or loss of profits that may result from the use of, or inability to use, the Trading Platform, including any loss or damages arising as a result of the Trading Platform being unavailable.
9.15. You agree not to hold Blueberry Markets Focus and any of its service providers liable for any form of damage arising as a result of the unavailability of the Trading Platform.
9.16. You agree that the use of the Trading Platform is at your risk and you assume full responsibility for any losses resulting from the use of software and/or any other materials obtained via the online trading facility. You also assume full responsibility for any losses resulting from the use of software and/or any other materials obtained by you via a third-party provider; including but not limited to Expert Advisors (EAs), signal/trade alert providers and trade copiers. Blueberry Markets Focus does not offer this software/material and accordingly does not provide technical support in relation to the use thereof.
9.17. Blueberry Markets Focus and its service providerswillnotacceptanyformofliabilityproviders will not accept any form of liability, including any loss or damage to you or to any other person, for:
a. Any inaccuracies, errors or delays or omissions of any data, information or message or transmission or delivery of any such data, information or message;
b. Non-performance;
c. Interruptions in data, information, or message transmission, due to any negligent act or omission, including any force majeure event or any other cause, whether or not within Blueberry Markets Focus’ control – this includes but is not limited to: floods, extraordinary weather conditions, earthquakes, acts of God, fire, war, riot, labour disputes, accidents, actions of any government, communications or power failure, equipment or software malfunction.
9.18. The use and storage of any information provided or made available to you using the Trading Platform is for your use and is your sole risk and responsibility.
9.19. You are responsible for providing and maintaining the communications equipment and telephone or alternative services required for accessing and using the Trading Platform, and for all communications service fees and charges you incur in accessing the Trading Platform.
0.009.20. Xxx You acknowledge that from time to time, and for any reason, the online trading facility may not be operational or otherwise available for your use due to servicing, hardware malfunction, software defect, service or transmission interruption or any other cause.
9.21. You acknowledge that you always have alternative arrangements in place, for the transmission and execution of orders, if for any reason, circumstances prevent the transmission and execution of all, or any portion of, your orders through the Trading Platform. In the event of the Trading Platform not being operational, you agree that it is your responsibility to contact Blueberry Markets Focus to make alternative order entry arrangements. Such arrangements may be by telephone, or as otherwise agreed.
9.22. You may not, under any circumstances, use the Trading Platform to do any of the following:
a. Publish, post, distribute or disseminate defamatory, infringing, obscene, or other unlawful or offensive material or;
b. Intercept or attempt to intercept any email correspondence;
c. adversely affect its availability or its resources to other users;
d. Send correspondence electronically or otherwise to other users for any purpose other than personal communication; or
e. Act, or fail to act, in a manner which may result in the violation of any laws or regulations.
Appears in 1 contract
Samples: Client Agreement
ONLINE TRADING FACILITIES. 9.1. Blueberry DNA Markets agrees to grant you access to one or more electronic terminals, including terminal access through your internet browser, for the electronic transmission of orders to your Trading Account with Blueberry DNA Markets.
9.2. Blueberry DNA Markets will allow you to monitor the activity and Positions in your Account by providing the Trading Platform. The Trading Platform may be a proprietary service offered by Blueberry DNA Markets or a third-party system.
9.3. Where the Trading Platform is provided by a third party, third third-party terms and conditions may apply which Blueberry DNA Markets may not necessarily have control over or be a party to. The onus is on you to ensure that you read and understand these terms and conditions.
9.4. Blueberry DNA Markets makes no representations or warranties regarding any services provided by any third party.
9.5. You agree that you will not distribute the Trading Platform to any third party.
9.6. The Trading Platform may be used to transmit, receive, and confirm the execution of orders, subject to market conditions and applicable Operating Rules and laws and regulations.
9.7. Transactions are not confirmed until Blueberry DNA Markets provides confirmation. The confirmation made available on the Trading Platform constitutes Blueberry Markets DNA Markets’ confirmation of a contract.
9.8. It is your responsibility to prevent unauthorised access and use of the Trading Platform. You accept liability for all trades executed through your Trading Account.
9.9. You must use the Trading Platform as permitted in accordance with this Client Agreement, our policies and any applicable laws and regulations.
9.10. Blueberry DNA Markets reserves the right to change any of its policies at any time relating to the use of the Trading Platform.
9.11. The Trading Platform may be available in several versions, which may have differences including, but not limited to the level of security, products and services available. Blueberry DNA Markets will not be liable in connection with you using a version different from the standard version with all available updates installed.
9.12. Blueberry DNA Markets may offer real-time tradeable prices to you. Due to delayed transmission between you and Blueberry DNA Markets the price offered may have changed before an order is received by us. If automatic order execution is offered to you, Blueberry DNA Markets will be entitled to change the price on which your order is executed to the market value at the time which the order form was received.
9.13. Blueberry DNA Markets does not warrant that access to, or use of, the Trading Platform will be uninterrupted or error free, or that the service will meet any criteria with respect to its performance or quality. Blueberry DNA Markets expressly disclaims all implied warranties, including, without limitation, : warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security, or accuracy.
9.14. You agree that under no circumstances, including negligence, will Blueberry DNA Markets, its employees and/or service providers be liable for any direct, indirect, incidental, special or consequential damages including, without limitation, business interruption or loss of profits that may result from the use of, or inability to use, the Trading Platform, including any loss or damages arising as a result of the Trading Platform being unavailable.
9.15. You agree not to hold Blueberry DNA Markets and any of its service providers liable for any form of damage arising as a result of the unavailability of the Trading Platform.
9.16. You agree that the use of the Trading Platform is at your risk and you assume full responsibility for any losses resulting from the use of software and/or any other materials obtained via the online trading facility. You also assume full responsibility for any losses resulting from the use of software and/or any other materials obtained by you via a third-party provider; including but not limited to Expert Advisors (EAs), signal/trade alert providers and trade copiers. Blueberry DNA Markets does not offer this software/material and accordingly does not provide technical support in relation to the use thereof.
9.17. Blueberry DNA Markets and its service providerswillnotacceptanyformofliabilityproviders will not accept any form of liability, including any loss or damage to you or to any other person, for:
a. (a) Any inaccuracies, errors or delays or omissions of any data, information or message or transmission or delivery of any such data, information or message;
b. (b) Non-performance;
c. (c) Interruptions in data, information, or message transmission, due to any negligent act or omission, including any force majeure event or any other cause, whether or not within Blueberry Markets DNA Markets’ control – this includes but is not limited to: floods, extraordinary weather conditions, earthquakes, acts of God, fire, war, riot, labour disputes, accidents, actions of any government, communications or power failure, equipment or software malfunction.
9.18. The use and storage of any information provided or made available to you using the Trading Platform is for your use and is your sole risk and responsibility.
9.19. You are responsible for providing and maintaining the communications equipment and telephone or alternative services required for accessing and using the Trading Platform, and for all communications service fees and charges you incur in accessing the Trading Platform.
0.009.20. Xxx You acknowledge that from time to time, and for any reason, the online trading facility may not be operational or otherwise available for your use due to servicing, hardware malfunction, software defect, service or transmission interruption or any other cause.
9.21. You acknowledge that you always have alternative arrangements in place, for the transmission and execution of orders, if for any reason, circumstances prevent the transmission and execution of all, or any portion of, your orders through the Trading Platform. In the event of the Trading Platform not being operational, you agree that it is your responsibility to contact Blueberry DNA Markets to make alternative order entry arrangements. Such arrangements may be made by telephone, or as otherwise agreed.
9.22. You may not, under any circumstances, use the Trading Platform to do any of the following:
a. (a) Publish, post, distribute or disseminate defamatory, infringing, obscene, or other unlawful or offensive material or;
b. Intercept (b) intercept or attempt to intercept any email correspondence;
c. (c) adversely affect its availability or its resources to other users;
d. Send (d) send correspondence electronically or otherwise to other users for any purpose other than personal communication; or
e. Act(e) act, or fail to act, in a manner which may result in the violation of any laws or regulations.
Appears in 1 contract
Samples: Client Agreement
ONLINE TRADING FACILITIES. 9.1. Blueberry DNA Markets agrees to grant you access to one or more electronic terminals, including terminal access through your internet browser, for the electronic transmission of orders to your Trading Account with Blueberry DNA Markets.
9.2. Blueberry DNA Markets will allow you to monitor the activity and Positions in your Account by providing the Trading Platform. The Trading Platform may be a proprietary service offered by Blueberry DNA Markets or a third-party system.
9.3. Where the Trading Platform is provided by a third party, third party terms and conditions may apply which Blueberry DNA Markets may not necessarily have control over or be a party to. The onus is on you to ensure that you read and understand these terms and conditions.
9.4. Blueberry DNA Markets makes no representations or warranties regarding any services provided by any third party.
9.5. You agree that you will not distribute the Trading Platform to any third party.
9.6. The Trading Platform may be used to transmit, receive, and confirm the execution of orders, subject to market conditions and applicable Operating Rules and laws and regulations.
9.7. Transactions are not confirmed until Blueberry DNA Markets provides confirmation. The confirmation made available on the Trading Platform constitutes Blueberry Markets DNA Market’s confirmation of a contract.
9.8. It is your responsibility to prevent unauthorised access and use of the Trading Platform. You accept liability for all trades executed through your Trading Account.
9.9. You must use the Trading Platform as permitted in accordance with this Client Agreement, our policies and any applicable laws and regulations.
9.10. Blueberry DNA Markets reserves the right to change any of its policies or procedures at any time relating to the use of the Trading Platform.
9.11. The Trading Platform may be available in several versions, which may have differences including, but not limited to the level of security, products products, and services available. Blueberry DNA Markets will not be liable in connection with you using a version different from the standard version with all available updates installed.
9.12. Blueberry DNA Markets may offer real-time tradeable prices to you. Due to delayed transmission between you and Blueberry DNA Markets the price offered may have changed before an order is received by us. If automatic order execution is offered to you, Blueberry DNA Markets will be entitled to change the price on which your order is executed to the market value at the time which the order form was received.
9.13. Blueberry DNA Markets does not warrant that access to, or use of, the Trading Platform will be uninterrupted or error free, or that the service will meet any criteria with respect to its performance or quality. Blueberry DNA Markets expressly disclaims all implied warranties, including, without limitation, : warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security, or accuracy.
9.14. You agree that under no circumstances, including negligence, will Blueberry DNA Markets, its employees and/or service providers be liable for any direct, indirect, incidental, special or consequential damages including, without limitation, business interruption or loss of profits that may result from the use of, or inability to use, the Trading Platform, including any loss or damages arising as a result of the Trading Platform being unavailable.
9.15. You agree not to hold Blueberry Markets and any of its service providers liable for any form of damage arising as a result of the unavailability of the Trading Platform.
9.16. You agree that the use of the Trading Platform is at your risk risk, and you assume full responsibility for any losses resulting from the use of software and/or any other materials obtained via the online trading facility. You also assume full responsibility for any losses resulting from the use of software and/or any other materials obtained by you via a third-party provider; including but not limited to Expert Advisors (EAs), signal/trade alert providers and trade copiers. Blueberry DNA Markets does not offer this software/material and accordingly does not provide technical support in relation to the use thereofsuch use.
9.179.16. Blueberry DNA Markets and its service providerswillnotacceptanyformofliabilityproviders will not accept any form of liability, including for any loss or damage to you or to any other person, for:
a. Any (a) any inaccuracies, errors or delays or omissions of any data, information or message or transmission or delivery of any such data, information or message;
b. Non(b) non-performance;
c. Interruptions (c) interruptions in data, information, or message transmission, due to any negligent act or omission, including any force majeure event or any other cause, whether or not within Blueberry Markets DNA Market’s control – this includes but is not limited to: floods, extraordinary weather conditions, earthquakes, acts of God, fire, war, riot, labour disputes, accidents, actions of any government, communications or power failure, equipment or software malfunction.
9.189.17. The use and storage of any information provided or made available to you using the Trading Platform is for your use and is your sole risk and responsibility.
9.199.18. You are responsible for providing and maintaining the communications equipment and telephone or alternative services required for accessing and using the Trading Platform, and for all communications service fees and charges you incur in accessing the Trading Platform.
0.009.19. Xxx You acknowledge that from time to time, and for any reason, the online trading facility may not be operational or otherwise available for your use due to servicing, hardware malfunction, software defect, service or transmission interruption or any other cause.
9.219.20. You acknowledge that you always have alternative arrangements in place, for the transmission and execution of orders, if for any reason, circumstances prevent the transmission and execution of all, or any portion of, your orders Orders through the Trading Platform. In the event of the Trading Platform not being operational, you agree that it is your responsibility to contact Blueberry DNA Markets to make alternative order Order entry arrangements. Such arrangements may be made by telephone, or as otherwise agreed.
9.229.21. You may not, under any circumstances, use the Trading Platform to do any of the following:
a. Publish(a) publish, post, distribute or disseminate defamatory, infringing, obscene, or other unlawful or offensive material ormaterial;
b. Intercept (b) intercept or attempt to intercept any email correspondence;
c. (c) adversely affect its availability or its resources to other users;
d. Send (d) send correspondence electronically or otherwise to other users for any purpose other than personal communication; or
e. Act(e) act, or fail to act, in a manner which may result in the violation of any laws or regulations.
Appears in 1 contract
Samples: Client Agreement
ONLINE TRADING FACILITIES. 9.1. Blueberry Markets Eightcap agrees to grant you access to one or more electronic terminals, including terminal access through your internet browser, for the electronic transmission of orders to your Trading Account with Blueberry MarketsEightcap.
9.2. Blueberry Markets Eightcap will allow you to monitor the activity and Positions in your Account by providing the Trading Platform. The Trading Platform may be a proprietary service offered by Blueberry Markets Eightcap or a third-party system.
9.3. Where the Trading Platform is provided by a third party, third party terms and conditions may apply which Blueberry Markets Eightcap may not necessarily have control over or be a party to. The onus is on you to ensure that you read and understand these terms and conditions.
9.4. Blueberry Markets Eightcap makes no representations or warranties regarding any services provided by any third party.
9.5. You agree that you will not distribute the Trading Platform to any third party.
9.6. The Trading Platform may be used to transmit, receive, and confirm the execution of orders, subject to market conditions and applicable Operating Rules and laws and regulations.
9.7. Transactions are not confirmed until Blueberry Markets Eightcap provides confirmation. The confirmation made available on the Trading Platform constitutes Blueberry Markets Eightcap’s confirmation of a contract.
9.8. It is your responsibility to prevent unauthorised access and use of the Trading Platform. You accept liability for all trades executed through your Trading Account.
9.9. You must use the Trading Platform as permitted in accordance with this Client Agreement, our policies and any applicable laws and regulations.
9.10. Blueberry Markets Eightcap reserves the right to change any of its policies at any time relating to the use of the Trading Platform.
9.11. The Trading Platform may be available in several versions, which may have differences including, but not limited to the level of security, products and services available. Blueberry Markets Eightcap will not be liable in connection with you using a version different from the standard version with all available updates installed.
9.12. Blueberry Markets Eightcap may offer real-time tradeable prices to you. Due to delayed transmission between you and Blueberry Markets Eightcap the price offered may have changed before an order is received by us. If automatic order execution is offered to you, Blueberry Markets Eightcap will be entitled to change the price on which your order is executed to the market value at the time which the order form was received.
9.13. Blueberry Markets Eightcap does not warrant that access to, or use of, the Trading Platform will be uninterrupted or error free, or that the service will meet any criteria with respect to its performance or quality. Blueberry Markets Eightcap expressly disclaims all implied warranties, including, without limitation, : warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security, or accuracy.
9.14. You agree that under no circumstances, including negligence, will Blueberry MarketsEightcap, its employees and/or service providers be liable for any direct, indirect, incidental, special or consequential damages including, without limitation, business interruption or loss of profits that may result from the use of, or inability to use, the Trading Platform, including any loss or damages arising as a result of the Trading Platform being unavailable.
9.15. You agree not to hold Blueberry Markets Eightcap and any of its service providers liable for any form of damage arising as a result of the unavailability of the Trading Platform.
9.16. You agree that the use of the Trading Platform is at your risk and you assume full responsibility for any losses resulting from the use of software and/or any other materials obtained via the online trading facility. You also assume full responsibility for any losses resulting from the use of software and/or any other materials obtained by you via a third-party provider; including but not limited to Expert Advisors (EAs), signal/trade alert providers and trade copiers. Blueberry Markets Eightcap does not offer this software/material and accordingly does not provide technical support in relation to the use thereof.
9.17. Blueberry Markets Eightcap and its service providerswillnotacceptanyformofliabilityproviders will not accept any form of liability, including any loss or damage to you or to any other person, for:
a. Any inaccuracies, errors or delays or omissions of any data, information or message or transmission or delivery of any such data, information or message;
b. Non-performance;
c. Interruptions in data, information, or message transmission, due to any negligent act or omission, including any force majeure event or any other cause, whether or not within Blueberry Markets Eightcap’s control – this includes but is not limited to: floods, extraordinary weather conditions, earthquakes, acts of God, fire, war, riot, labour disputes, accidents, actions of any government, communications or power failure, equipment or software malfunction.
9.18. The use and storage of any information provided or made available to you using the Trading Platform is for your use and is your sole risk and responsibility.
9.19. You are responsible for providing and maintaining the communications equipment and telephone or alternative services required for accessing and using the Trading Platform, and for all communications service fees and charges you incur in accessing the Trading Platform.
0.009.20. Xxx You acknowledge that from time to time, and for any reason, the online trading facility may not be operational or otherwise available for your use due to servicing, hardware malfunction, software defect, service or transmission interruption or any other cause.
9.21. You acknowledge that you always have alternative arrangements in place, for the transmission and execution of orders, if for any reason, circumstances prevent the transmission and execution of all, or any portion of, your orders through the Trading Platform. In the event of the Trading Platform not being operational, you agree that it is your responsibility to contact Blueberry Markets Eightcap to make alternative order entry arrangements. Such arrangements may be by telephone, or as otherwise agreed.
9.22. You may not, under any circumstances, use the Trading Platform to do any of the following:
a. Publish, post, distribute or disseminate defamatory, infringing, obscene, or other unlawful or offensive material or;
b. Intercept or attempt to intercept any email correspondence;
c. adversely affect its availability or its resources to other users;
d. Send correspondence electronically or otherwise to other users for any purpose other than personal communication; or
e. Act, or fail to act, in a manner which may result in the violation of any laws or regulations.
Appears in 1 contract
Samples: Client Agreement
ONLINE TRADING FACILITIES. 9.1. 4.1 Blueberry Markets agrees to grant you access to one or more electronic terminals, including terminal access through your internet browser, for the electronic transmission of orders to your Trading Account with Blueberry Markets.
9.2. 4.2 Blueberry Markets will allow you to monitor the activity and Positions in your Account by providing the Trading Platform. The Trading Platform may be a proprietary service offered by Blueberry Markets or a third-party system.
9.3. 4.3 Where the Trading Platform is provided by a third party, third party terms and conditions may apply which Blueberry Markets may not necessarily have control over or be a party to. The onus is on you to ensure that you read and understand these terms and conditions.
9.4. 4.4 Blueberry Markets makes no representations or warranties regarding any services provided by any third party.
9.5. 4.5 You agree that you will not distribute the Trading Platform to any third party.
9.6. 4.6 The Trading Platform may be used to transmit, receive, and confirm the execution of orders, subject to market conditions and applicable Operating Rules and laws and regulations.
9.7. 4.7 Transactions are not confirmed until Blueberry Markets provides confirmation. The confirmation made available on the Trading Platform constitutes Blueberry Markets confirmation of a contract.
9.8. 4.8 It is your responsibility to prevent unauthorised access and use of the Trading Platform. You accept liability for all trades executed through your Trading Account.
9.9. 4.9 You must use the Trading Platform as permitted in accordance with this Client Agreement, our policies and any applicable laws and regulations.
9.10. 4.10 Blueberry Markets reserves the right to change any of its policies at any time relating to the use of the Trading Platform.
9.11. 4.11 The Trading Platform may be available in several versions, which may have differences including, but not limited to the level of security, products and services available. Blueberry Markets will not be liable in connection with you using a version different from the standard version with all available updates installed.
9.12. 4.12 Blueberry Markets may offer real-time tradeable prices to you. Due to delayed transmission between you and Blueberry Markets the price offered may have changed before an order is received by us. If automatic order execution is offered to you, Blueberry Markets will be entitled to change the price on which your order is executed to the market value at the time which the order form was received.
9.13. 4.13 Blueberry Markets does not warrant that access to, or use of, the Trading Platform will be uninterrupted or error free, or that the service will meet any criteria with respect to its performance or quality. Blueberry Markets expressly disclaims all implied warranties, including, without limitation, warranties of merchantability, title, fitness for a particular purpose, non-non- infringement, compatibility, security, or accuracy.
9.14. 4.14 You agree that under no circumstances, including negligence, will Blueberry Markets, its employees and/or service providers be liable for any direct, indirect, incidental, special or consequential damages including, without limitation, business interruption or loss of profits that may result from the use of, or inability to use, the Trading Platform, including any loss or damages arising as a result of the Trading Platform being unavailable.
9.15. 4.15 You agree not to hold Blueberry Markets and any of its service providers liable for any form of damage arising as a result of the unavailability of the Trading Platform.
9.16. 4.16 You agree that the use of the Trading Platform is at your risk and you assume full responsibility for any losses resulting from the use of software and/or any other materials obtained via the online trading facility. You also assume full responsibility for any losses resulting from the use of software and/or any other materials obtained by you via a third-party provider; including but not limited to Expert Advisors (EAs), signal/trade alert providers and trade copiers. Blueberry Markets does not offer this software/material and accordingly does not provide technical support in relation to the use thereof.
9.17. 4.17 Blueberry Markets and its service providerswillnotacceptanyformofliabilityproviders will not accept any form of liability, including any loss or damage to you or to any other person, for:
a. (a) Any inaccuracies, errors or delays or omissions of any data, information or message or transmission or delivery of any such data, information or message;
b. (b) Non-performance;
c. (c) Interruptions in data, information, or message transmission, due to any negligent act or omission, including any force majeure event or any other cause, whether or not within Blueberry Markets control – this includes but is not limited to: floods, extraordinary weather conditions, earthquakes, acts of God, fire, war, riot, labour disputes, accidents, actions of any government, communications or power failure, equipment or software malfunction.
9.18. 4.18 The use and storage of any information provided or made available to you using the Trading Platform is for your use and is your sole risk and responsibility.
9.19. 4.19 You are responsible for providing and maintaining the communications equipment and telephone or alternative services required for accessing and using the Trading Platform, and for all communications service fees and charges you incur in accessing the Trading Platform.
0.00. Xxx 4.20 You acknowledge that from time to time, and for any reason, the online trading facility may not be operational or otherwise available for your use due to servicing, hardware malfunction, software defect, service or transmission interruption or any other cause.
9.21. 4.21 You acknowledge that you always have alternative arrangements in place, for the transmission and execution of orders, if for any reason, circumstances prevent the transmission and execution of all, or any portion of, your orders through the Trading Platform. In the event of the Trading Platform not being operational, you agree that it is your responsibility to contact Blueberry Markets to make alternative order entry arrangements. Such arrangements may be by telephone, or as otherwise agreed.
9.22. 4.22 You may not, under any circumstances, use the Trading Platform to do any of the following:
a. (a) Publish, post, distribute or disseminate defamatory, infringing, obscene, or other unlawful or offensive material or;
b. (b) Intercept or attempt to intercept any email correspondence;
c. (c) adversely affect its availability or its resources to other users;
d. (d) Send correspondence electronically or otherwise to other users for any purpose other than personal communication; or
e. (e) Act, or fail to act, in a manner which may result in the violation of any laws or regulations.
Appears in 1 contract
Samples: Client Agreement
ONLINE TRADING FACILITIES. 9.1. Blueberry Markets GGCC agrees to grant you access to one or more electronic terminals, including terminal access through your internet browser, for the electronic transmission of orders to your Trading Account with Blueberry MarketsGGCC.
9.2. Blueberry Markets GGCC will allow you to monitor the activity and Positions in your Account by providing the Trading Platform. The Trading Platform may be a proprietary service offered by Blueberry Markets GGCC or a third-party system.
9.3. Where the Trading Platform is provided by a third party, third party terms and conditions may apply which Blueberry Markets GGCC may not necessarily have control over or be a party to. The onus is on you to ensure that you read and understand these terms and conditions.
9.4. Blueberry Markets GGCC makes no representations or warranties regarding any services provided by any third party.
9.5. You agree that you will not distribute the Trading Platform to any third party.
9.6. The Trading Platform may be used to transmit, receive, and confirm the execution of orders, subject to market conditions and applicable Operating Rules and laws and regulations.
9.7. Transactions are not confirmed until Blueberry Markets GGCC provides confirmation. The confirmation made available on the Trading Platform constitutes Blueberry Markets GGCC’s confirmation of a contract.
9.8. It is your responsibility to prevent unauthorised unauthorized access and use of the Trading Platform. You accept liability for all trades executed through your Trading Account.
9.9. You must use the Trading Platform as permitted in accordance with this Client Agreement, our policies and any applicable laws and regulations.
9.10. Blueberry Markets GGCC reserves the right to change any of its policies or procedures at any time relating to the use of the Trading Platform.
9.11. The Trading Platform may be available in several versions, which may have differences including, but not limited to the level of security, products products, and services available. Blueberry Markets GGCC will not be liable in connection with you using a version different from the standard version with all available updates installed.
9.12. Blueberry Markets GGCC may offer real-time tradeable prices to you. Due to delayed transmission between you and Blueberry Markets GGCC the price offered may have changed before an order is received by us. If automatic order execution is offered to you, Blueberry Markets GGCC will be entitled to change the price on which your order is executed to the market value at the time which the order form was received.
9.13. Blueberry Markets GGCC does not warrant that access to, or use of, the Trading Platform will be uninterrupted or error free, or that the service will meet any criteria with respect to its performance or quality. Blueberry Markets GGCC expressly disclaims all implied warranties, including, without limitation, : warranties of merchantability, title, fitness for a particular purpose, non-non- infringement, compatibility, security, or accuracy.
9.14. You agree that under no circumstances, including negligence, will Blueberry MarketsGGCC, its employees and/or service providers be liable for any direct, indirect, incidental, special or consequential damages including, without limitation, business interruption or loss of profits that may result from the use of, or inability to use, the Trading Platform, including any loss or damages arising as a result of the Trading Platform being unavailable.
9.15. You agree not to hold Blueberry Markets and any of its service providers liable for any form of damage arising as a result of the unavailability of the Trading Platform.
9.16. You agree that the use of the Trading Platform is at your risk risk, and you assume full responsibility for any losses resulting from the use of software and/or any other materials obtained via the online trading facility. You also assume full responsibility for any losses resulting from the use of software and/or any other materials obtained by you via a third-party provider; including but not limited to Expert Advisors (EAs), other plugins, signal/trade alert providers and trade copiers. Blueberry Markets GGCC does not offer this software/material and accordingly does not provide technical support in relation to the use thereofsuch use.
9.179.16. Blueberry Markets GGCC and its service providerswillnotacceptanyformofliabilityproviders will not accept any form of liability, including for any loss or damage to you or to any other person, for:
a. Any (a) any inaccuracies, errors or delays or omissions of any data, information or message or transmission or delivery of any such data, information or message;
b. Non(b) non-performance;
c. Interruptions (c) interruptions in data, information, or message transmission, due to any negligent act or omission, including any force majeure event or any other cause, whether or not within Blueberry Markets GGCC’s control – this includes but is not limited to: floods, extraordinary weather conditions, earthquakes, acts of God, fire, war, riot, labour disputes, accidents, actions of any government, communications or power failure, equipment or software malfunction.
9.189.17. The use and storage of any information provided or made available to you using the Trading Platform is for your use and is your sole risk and responsibility.
9.199.18. You are responsible for providing and maintaining the communications equipment and telephone or alternative services required for accessing and using the Trading Platform, and for all communications service fees and charges you incur in accessing the Trading Platform.
0.009.19. Xxx You acknowledge that from time to time, and for any reason, the online trading facility may not be operational or otherwise available for your use due to servicing, hardware malfunction, software defect, service or transmission interruption or any other cause.
9.219.20. You acknowledge that you always have alternative arrangements in place, for the transmission and execution of orders, if for any reason, circumstances prevent the transmission and execution of all, or any portion of, your orders Orders through the Trading Platform. In the event of the Trading Platform not being operational, you agree that it is your responsibility to contact Blueberry Markets GGCC to make alternative order Order entry arrangements. Such arrangements may be made by telephone, or as otherwise agreed.
9.229.21. You may not, under any circumstances, use the Trading Platform to do any of the following:
a. Publish(a) publish, post, distribute or disseminate defamatory, infringing, obscene, or other unlawful or offensive material ormaterial;
b. Intercept (b) intercept or attempt to intercept any email correspondence;
c. (c) adversely affect its availability or its resources to other users;
d. Send (d) send correspondence electronically or otherwise to other users for any purpose other than personal communication; or
e. Act, or fail to act, in a manner which may result in the violation of any laws or regulations.
Appears in 1 contract
Samples: Client Agreement
ONLINE TRADING FACILITIES. 9.1. Blueberry Markets 9.1 TradeHall agrees to grant you access to one or more electronic terminals, including access to the terminal access through your internet Internet browser, for the electronic transmission of in order to electronically transfer orders to your Trading Account with Blueberry Marketstrading account through first-class electronic means.
9.2. Blueberry Markets 9.2 TradeHall will allow you to monitor the activity activities and Positions positions in your Account account by providing the Trading Platforma trading platform. The Trading Platform may trading platform can be a proprietary service offered provided by Blueberry Markets TradeHall or a third-party system.
9.3. Where 9.3 If the Trading Platform trading platform is provided by a third party, the third party terms and conditions may apply which Blueberry Markets apply, and TradeHall may not necessarily have control over or be become a party tothird party. The onus It is on you your responsibility to ensure that you read and understand these terms and conditions.
9.4. Blueberry Markets 9.4 TradeHall makes no representations or warranties regarding for any services provided by any third party.
9.5. 9.5 You agree that you will not distribute the Trading Platform trading platform to any third party.
9.6. 9.6 The Trading Platform may trading platform can be used to transmit, receive, receive and confirm the execution of orders, subject to but it must comply with market conditions and applicable Operating Rules operating rules and laws and regulations.
9.7. Transactions are 9.7 The transaction will not be confirmed until Blueberry Markets TradeHall provides confirmation. The confirmation made available provided on the Trading Platform trading platform constitutes Blueberry Markets confirmation of a contractTradeHall’s contract confirmation.
9.8. It is your responsibility to prevent unauthorised 9.8 You are responsible for preventing unauthorized access and use of the Trading Platformtrading platform. You accept liability are responsible for all trades transactions executed through your Trading Accounttrading account.
9.9. 9.9 You must use the Trading Platform as trading platform within the permitted scope in accordance with this Client Agreementclient agreement, our policies and any applicable laws and regulations.
9.10. Blueberry Markets 9.10 TradeHall reserves the right to change any of its policies at any time relating related to the use of the Trading Platformtrading platform at any time.
9.11. The Trading Platform 9.11 There may be available in several versionsmultiple versions of the trading platform, which and there may have differences includingbe differences, including but not limited to the level of securitysecurity levels, available products and services availableservices. Blueberry Markets will not be liable in connection with you using Using a version different from the standard version with version, TradeHall does not take any responsibility for you to have installed all available updates installedupdated versions.
9.12. Blueberry Markets 9.12 TradeHall may offer provide you with real-time tradeable prices to youtradable prices. Due to delayed the transmission delay between you and Blueberry Markets TradeHall, the price offered provided may have changed before an order is received by uswe receive the order. If you are provided with an automatic order execution is offered to youexecution, Blueberry Markets will be entitled TradeHall reserves the right to change the price on which of executing your order is executed to the market value at the time which price when the order form was is received.
9.13. Blueberry Markets 9.13 TradeHall does not warrant guarantee that access to, or use of, of the Trading Platform trading platform will be uninterrupted or error error-free, or nor does it guarantee that the service will meet any criteria with respect to standards regarding its performance or quality. Blueberry Markets TradeHall expressly disclaims denies all implied warranties, including, without limitation, including but not limited to warranties of merchantability, titleownership, fitness for a particular specific purpose, non-infringement, compatibility, security, safety or accuracy.
9.14. 9.14 You agree that under no circumstances, any circumstances (including negligence), will Blueberry MarketsTradeHall, its employees and/or service providers shall not be liable for any direct, indirect, incidental, special or consequential damages includingdamages, without limitation, including but not limited to business interruption or loss of profits that may result from due to use or the use of, or inability to use, use the Trading Platformtrading platform, including any loss or damages arising as a result of damage caused by the Trading Platform being unavailableinability to use the trading platform.
9.15. 9.15 You agree not to hold Blueberry Markets that TradeHall and any of its service providers shall not be liable for any form kind of damage arising as a result of caused by the unavailability of the Trading Platformtrading platform.
9.16. 9.16 You agree that to use the use of the Trading Platform is trading platform at your own risk and you assume take full responsibility for any losses resulting from caused by the use of software and/or any other materials obtained via the through online trading facilitytools. You are also assume full responsibility fully responsible for any losses resulting from caused by the use of the software and/or any other materials obtained by you via a obtain through third-party providerproviders; including but not limited to Expert Advisors expert advisors (EAsEA), signal/trade transaction alert providers and trade transaction copiers. Blueberry Markets TradeHall does not offer provide this software/software/ material and accordingly therefore does not provide technical support in relation to the use thereoffor its use.
9.17. Blueberry Markets 9.17 TradeHall and its service providerswillnotacceptanyformofliabilityproviders will not be liable in any form for the following, including any loss or damage to you or to any other person, for:
a. Any inaccuracies, errors or delays or omissions of any data, information or message or transmission or delivery of any such data, information or message;
b. Non-performance;
c. Interruptions in data, information, or message transmission, due to any negligent act or omission, including any force majeure event or any other cause, whether or not within Blueberry Markets control – this includes but is not limited to: floods, extraordinary weather conditions, earthquakes, acts of God, fire, war, riot, labour disputes, accidents, actions of any government, communications or power failure, equipment or software malfunction.
9.18. The use and storage of any information provided or made available to you using the Trading Platform is for your use and is your sole risk and responsibility.
9.19. You are responsible for providing and maintaining the communications equipment and telephone or alternative services required for accessing and using the Trading Platform, and for all communications service fees and charges you incur in accessing the Trading Platform.
0.00. Xxx acknowledge that from time to time, and for any reason, the online trading facility may not be operational or otherwise available for your use due to servicing, hardware malfunction, software defect, service or transmission interruption or any other cause.
9.21. You acknowledge that you always have alternative arrangements in place, for the transmission and execution of orders, if for any reason, circumstances prevent the transmission and execution of all, or any portion of, your orders through the Trading Platform. In the event of the Trading Platform not being operational, you agree that it is your responsibility to contact Blueberry Markets to make alternative order entry arrangements. Such arrangements may be by telephone, or as otherwise agreed.
9.22. You may not, under any circumstances, use the Trading Platform to do any of the following:
a. Publish, post, distribute or disseminate defamatory, infringing, obscene, or other unlawful or offensive material or;
b. Intercept or attempt to intercept any email correspondence;
c. adversely affect its availability or its resources to other users;
d. Send correspondence electronically or otherwise to other users for any purpose other than personal communication; or
e. Act, or fail to act, in a manner which may result in the violation of any laws or regulations.9.17.1 9.17.2
Appears in 1 contract
Samples: Client Agreement
