ONLINE TRADING FACILITY. (1) You acknowledge that you have read, understood and agreed to the terms and conditions associated with dealing via our on-line trading facility as set out in this Client Agreement. (2) Mitrade may amend any of the terms of this Client Agreement or instigate any policies related to the online trading facility at any time and by continuing to deal with Mitrade or to access or use the on-line trading facility, you agree to any amendments. (3) Mitrade 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 Account with Mitrade. (4) Mitrade shall permit you electronically to monitor the activity and positions in your Account by providing an online trading facility. The online trading facility may be a proprietary service offered by Mitrade or a third-party system. (5) You acknowledge that you have a personal, non-exclusive and non-transferable licence to use the online trading facility software solely for your internal business or investment purposes. (6) You agree that you shall not distribute the platform to any third party. (7) The online trading facility provided by Mitrade may be used to transmit, receive and confirm the execution of orders, subject to market conditions and applicable Operating Rules and regulations. Regardless of any on-line Confirmation received upon placement of an instruction via the on-line trading facility, such transaction is not confirmed by Mitrade until Mitrade provides the Confirmation. (8) Mitrade consents to your access and use of the online trading facility in reliance upon you having adopted procedures to prevent unauthorised access to and use of the online trading facility, in any event, you agree to any financial liability for all trades executed through the online trading facility. (9) You may send and receive email messages and otherwise use the online trading facility as permitted in accordance with this Client Agreement, our policies and any applicable laws. (10) Mitrade makes no express or implied representations or warranties to you regarding the operation or usability of the online trading facility. (11) Mitrade makes no representations or warranties regarding any services provided by any third party. (12) The online trading facility may be available in several versions, which may be differentiated in various aspects including, but not limited to the level of security applied, products and services available etc. Mitrade shall not be liable to you for any loss, expense, cost or liability suffered or incurred by you due to you using a version different from the standard version with all available updates installed. (13) Mitrade, its directors, officers, employees, agents, contractors, affiliates, third party vendors, information providers and other suppliers do not warrant that access to or use of the on-line trading facility will be uninterrupted or error-free, or that the service will meet any particular criteria with respect to its performance or quality. Mitrade expressly disclaims all implied warranties, including without limitation warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, timeliness, sequence, completeness, reliability or content. (14) Under no circumstances, including negligence, will Mitrade, 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 on-line trading facility. Where liability cannot be excluded, Xxxxxxx’s liability shall be limited to an amount equal to the amount of fees paid to Mitrade by you for use of the on-line trading facility. (15) You agree not to hold Mitrade and any of its service providers liable for any form of damage whether direct or indirect arising as a result of the unavailability of the on-line trading facility. (16) You agree that the use of the on-line trading facility is at your risk and you assume full responsibility for any losses resulting from the use of or materials obtained via the on-line trading facility. Mitrade does not make any representations nor endorsements regarding these materials. (17) Mitrade and its service providers 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; or (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 Mitrade’s control. (18) You are responsible for providing and maintaining the communications equipment and telephone or alternative services required for accessing and using the on-line trading facility, and for all communications service fees and charges incurred by you in accessing the on-line trading facility. (19) Mitrade may at any time at its sole discretion terminate or restrict any Client’s access to the on-line trading facility at any time. Should Mitrade terminate this Client Agreement or access to the trading platform you will be liable for all fees charges and obligations incurred under this Client Agreement prior to termination. (20) You acknowledge that from time to time, and for any reason, the on-line trading facility may not be operational or otherwise available for your use due to servicing, hardware malfunction, software defect, service or transmission interruption or other cause. You agree that Mitrade and its service providers are not liable for any damage arising directly or indirectly from any interruption or non-operation of the on-line trading facility. (21) Your failure to observe any of these undertakings or representations may result in civil or criminal liability, as well as termination of this Client Agreement or termination of the use of the on-line trading facility. (22) You acknowledge that it is your responsibility to have alternative arrangements in place at all times, 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 on-line trading facility. In the event of the on-line trading facility not being operational, you agree to contact Mitrade to make alternative order entry arrangements. Such arrangements may be through email, or as otherwise agreed. (23) You may not under any circumstance use the on-line trading facility to do any of the following: (a) publish, post, distribute or disseminate defamatory, infringing, obscene or other unlawful or offensive material or information; (b) intercept or attempt to intercept any Confirmations or email correspondence; (c) use the on-line trading facility in any manner that may 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 FACILITY. (1) You acknowledge that you have read, understood and agreed to the terms and conditions associated with dealing via our on-line trading facility as set out in this Client Agreement.
(2) Mitrade may amend any of the terms of this Client Agreement or instigate any policies related to the online trading facility at any time and by continuing to deal with Mitrade or to access or use the on-line trading facility, you agree to any amendments.
(3) Mitrade 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 Account with Mitrade.
(4) Mitrade shall permit you electronically to monitor the activity and positions in your Account by providing an online trading facility. The online trading facility may be a proprietary service offered by Mitrade or a third-party system.
(5) You acknowledge that you have a personal, non-exclusive and non-transferable licence to use the online trading facility software solely for your internal business or investment purposes.
(6) You agree that you shall not distribute the platform to any third party.
(7) The online trading facility provided by Mitrade may be used to transmit, receive and confirm the execution of orders, subject to market conditions and applicable Operating Rules and regulations. Regardless of any on-line Confirmation received upon placement of an instruction via the on-line trading facility, such transaction is not confirmed by Mitrade until Mitrade provides the Confirmation.
(8) Mitrade consents to your access and use of the online trading facility in reliance upon you having adopted procedures to prevent unauthorised access to and use of the online trading facility, in any event, you agree to any financial liability for all trades executed through the online trading facility.
(9) You may send and receive email messages and otherwise use the online trading facility as permitted in accordance with this Client Agreement, our policies and any applicable laws.
(10) Mitrade makes no express or implied representations or warranties to you regarding the operation or usability of the online trading facility.
(11) Mitrade makes no representations or warranties regarding any services provided by any third party.
(12) The online trading facility may be available in several versions, which may be differentiated in various aspects including, but not limited to the level of security applied, products and services available etc. Mitrade shall not be liable to you for any loss, expense, cost or liability suffered or incurred by you due to you using a version different from the standard version with all available updates installed.
(13) Mitrade, its directors, officers, employees, agents, contractors, affiliates, third party vendors, information providers and other suppliers do not warrant that access to or use of the on-line trading facility will be uninterrupted or error-free, or that the service will meet any particular criteria with respect to its performance or quality. Mitrade expressly disclaims all implied warranties, including without limitation warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, timeliness, sequence, completeness, reliability or content.
(14) Under no circumstances, including negligence, will Mitrade, 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 on-line trading facility. Where liability cannot be excluded, Xxxxxxx’s liability shall be limited to an amount equal to the amount of fees paid to Mitrade by you for use of the on-line trading facility.
(15) You agree not to hold Mitrade and any of its service providers liable for any form of damage whether direct or indirect arising as a result of the unavailability of the on-line trading facility.
(16) You agree that the use of the on-line trading facility is at your risk and you assume full responsibility for any losses resulting from the use of or materials obtained via the on-line trading facility. Mitrade does not make any representations nor endorsements regarding these materials.
(17) Mitrade and its service providers 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; or
(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 Mitrade’s control.
(18) You are responsible for providing and maintaining the communications equipment and telephone or alternative services required for accessing and using the on-line trading facility, and for all communications service fees and charges incurred by you in accessing the on-line trading facility.
(19) Mitrade may at any time at its sole discretion terminate or restrict any Client’s access to the on-line trading facility at any time. Should Mitrade terminate this Client Agreement or access to the trading platform you will be liable for all fees charges and obligations incurred under this Client Agreement prior to termination.
(20) You acknowledge that from time to time, and for any reason, the on-line trading facility may not be operational or otherwise available for your use due to servicing, hardware malfunction, software defect, service or transmission interruption or other cause. You agree that Mitrade and its service providers are not liable for any damage arising directly or indirectly from any interruption or non-operation of the on-line trading facility.
(21) Your failure to observe any of these undertakings or representations may result in civil or criminal liability, as well as termination of this Client Agreement or termination of the use of the on-line trading facility.
(22) You acknowledge that it is your responsibility to have alternative arrangements in place at all times, 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 on-line trading facility. In the event of the on-line trading facility not being operational, you agree to contact Mitrade to make alternative order entry arrangements. Such arrangements may be through email, or as otherwise agreed.
(23) You may not under any circumstance use the on-line trading facility to do any of the following:
(a) publish, post, distribute or disseminate defamatory, infringing, obscene or other unlawful or offensive material or information;
(b) intercept or attempt to intercept any Confirmations or email correspondence;
(c) use the on-line trading facility in any manner that may 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 FACILITY. (1) You acknowledge that you have read, understood and agreed to the terms and conditions associated with dealing via our on-line online trading facility as set out in this Client Agreement.
(2) Mitrade may amend any of the terms of this Client Agreement or instigate any policies related to the online trading facility at any time and by continuing to deal with Mitrade or to access or use the on-line online trading facility, you agree to any amendments.
(3) Mitrade 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 Account with Mitrade.
(4) Mitrade shall permit you electronically to monitor the activity and positions in your Account by providing an online trading facility. The online trading facility may be a proprietary service offered by Mitrade or a third-party system.
(5) You acknowledge that you have a personal, non-exclusive and non-transferable licence to use the online trading facility software solely for your internal business or investment purposes.
(6) You agree that you shall not distribute the platform to any third party.
(7) The online trading facility provided by Mitrade may be used to transmit, receive and confirm the execution of orders, subject to market conditions and applicable Operating Rules and regulations. Regardless of any on-line online Confirmation received upon placement of an instruction via the on-line online trading facility, such transaction is not confirmed by Mitrade until Mitrade provides the Confirmation.
(8) Mitrade consents to your access and use of the online trading facility in reliance upon you having adopted procedures to prevent unauthorised access to and use of the online trading facility, in any event, you agree to any financial liability for all trades executed through the online trading facility.
(9) You may send and receive email messages and otherwise use the online trading facility as permitted in accordance with this Client Agreement, our policies and any applicable laws.
(10) Mitrade makes no express or implied representations or warranties to you regarding the operation or usability of the online trading facility.
(11) Mitrade makes no representations or warranties regarding any services provided by any third party.
(12) The online trading facility may be available in several versions, which may be differentiated in various aspects including, but not limited to the level of security applied, products and services available etc. Mitrade shall not be liable to you for any loss, expense, cost or liability suffered or incurred by you due to you using a version different from the standard version with all available updates installed.
(13) Mitrade, its directors, officers, employees, agents, contractors, affiliates, third party vendors, information providers and other suppliers do not warrant that access to or use of the on-line online trading facility will be uninterrupted or error-free, or that the service will meet any particular criteria with respect to its performance or quality. Mitrade expressly disclaims all implied warranties, including without limitation warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, timeliness, sequence, completeness, reliability or content.
(14) Under no circumstances, including negligence, will Mitrade, 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 on-line online trading facility. Where liability cannot be excluded, Xxxxxxx’s liability shall be limited to an amount equal to the amount of fees paid to Mitrade by you for use of the on-line online trading facility.
(15) You agree not to hold Mitrade and any of its service providers liable for any form of damage whether direct or indirect arising as a result of the unavailability of the on-line online trading facility.
(16) You agree that the use of the on-line online trading facility is at your risk and you assume full responsibility for any losses resulting from the use of or materials obtained via the on-line online trading facility. Mitrade does not make any representations nor endorsements regarding these materials.
(17) Mitrade and its service providers 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; or
(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 Mitrade’s control.
(18) You are responsible for providing and maintaining the communications equipment and telephone or alternative services required for accessing and using the on-line online trading facility, and for all communications service fees and charges incurred by you in accessing the on-line online trading facility.
(19) Mitrade may at any time at its sole discretion terminate or restrict any Client’s access to the on-line online trading facility at any time. Should Mitrade terminate this Client Agreement or access to the trading platform Trading Platform you will be liable for all fees charges and obligations incurred under this Client Agreement prior to termination.
(20) You acknowledge that from time to time, and for any reason, the on-line 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 other cause. You agree that Mitrade and its service providers are not liable for any damage arising directly or indirectly from any interruption or non-operation of the on-line online trading facility.
(21) Your failure to observe any of these undertakings or representations may result in civil or criminal liability, as well as termination of this Client Agreement or termination of the use of the on-line online trading facility.
(22) You acknowledge that it is your responsibility to have alternative arrangements in place at all times, 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 on-line online trading facility. In the event of the on-line online trading facility not being operational, you agree to contact Mitrade to make alternative order entry arrangements. Such arrangements may be through email, or as otherwise agreed.
(23) You may not under any circumstance use the on-line online trading facility to do any of the following:
(a) publish, post, distribute or disseminate defamatory, infringing, obscene or other unlawful or offensive material or information;
(b) intercept or attempt to intercept any Confirmations or email correspondence;
(c) use the on-line online trading facility in any manner that may 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 FACILITY. (1) You acknowledge that you have read, understood and agreed to the terms and conditions associated with dealing via our on-line trading facility as set out in this Client Agreement.
(2) Mitrade may amend any of the terms of this Client Agreement or instigate any policies related to the online trading facility at any time and by continuing to deal with Mitrade or to access or use the on-line trading facility, you agree to any amendments.
(3) Mitrade 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 Account with Mitrade.
(4) Mitrade shall permit you electronically to monitor the activity and positions in your Account by providing an online trading facility. The online trading facility may be a proprietary service offered by Mitrade or a third-party system.
(5) You acknowledge that you have a personal, non-exclusive and non-transferable licence to use the online trading facility software solely for your internal business or investment purposes.
(6) You agree that you shall not distribute the platform to any third party.
(7) The online trading facility provided by Mitrade may be used to transmit, receive and confirm the execution of orders, subject to market conditions and applicable Operating Rules and regulations. Regardless of any on-line Confirmation received upon placement of an instruction via the on-line trading facility, such transaction is not confirmed by Mitrade until Mitrade provides the Confirmation.
(8) Mitrade consents to your access and use of the online trading facility in reliance upon you having adopted procedures to prevent unauthorised access to and use of the online trading facility, in any event, you agree to any financial liability for all trades executed through the online trading facility.
(9) You may send and receive email messages and otherwise use the online trading facility as permitted in accordance with this Client Agreement, our policies and any applicable laws.
(10) Mitrade makes no express or implied representations or warranties to you regarding the operation or usability of the online trading facility.
(11) Mitrade makes no representations or warranties regarding any services provided by any third party.
(12) The online trading facility may be available in several versions, which may be differentiated in various aspects including, but not limited to the level of security applied, products and services available etc. Mitrade shall not be liable to you for any loss, expense, cost or liability suffered or incurred by you due to you using a version different from the standard version with all available updates installed.
(13) Mitrade, its directors, officers, employees, agents, contractors, affiliates, third party vendors, information providers and other suppliers do not warrant that access to or use of the on-line trading facility will be uninterrupted or error-free, or that the service will meet any particular criteria with respect to its performance or quality. Mitrade expressly disclaims all implied warranties, including without limitation warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, timeliness, sequence, completeness, reliability or content.
(14) Under no circumstances, including negligence, will Mitrade, 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 on-line trading facility. Where liability cannot be excluded, XxxxxxxMitrade’s liability shall be limited to an amount equal to the amount of fees paid to Mitrade by you for use of the on-line trading facility.
(15) You agree not to hold Mitrade and any of its service providers liable for any form of damage whether direct or indirect arising as a result of the unavailability of the on-line trading facility.
(16) You agree that the use of the on-line trading facility is at your risk and you assume full responsibility for any losses resulting from the use of or materials obtained via the on-line trading facility. Mitrade does not make any representations nor endorsements regarding these materials.
(17) Mitrade and its service providers 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; or
(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 Mitrade’s control.
(18) You are responsible for providing and maintaining the communications equipment and telephone or alternative services required for accessing and using the on-line trading facility, and for all communications service fees and charges incurred by you in accessing the on-line trading facility.
(19) Mitrade may at any time at its sole discretion terminate or restrict any Client’s access to the on-line trading facility at any time. Should Mitrade terminate this Client Agreement or access to the trading platform you will be liable for all fees charges and obligations incurred under this Client Agreement prior to termination.
(20) You acknowledge that from time to time, and for any reason, the on-line trading facility may not be operational or otherwise available for your use due to servicing, hardware malfunction, software defect, service or transmission interruption or other cause. You agree that Mitrade and its service providers are not liable for any damage arising directly or indirectly from any interruption or non-operation of the on-line trading facility.
(21) Your failure to observe any of these undertakings or representations may result in civil or criminal liability, as well as termination of this Client Agreement or termination of the use of the on-line trading facility.
(22) You acknowledge that it is your responsibility to have alternative arrangements in place at all times, 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 on-line trading facility. In the event of the on-line trading facility not being operational, you agree to contact Mitrade to make alternative order entry arrangements. Such arrangements may be through email, or as otherwise agreed.
(23) You may not under any circumstance use the on-line trading facility to do any of the following:
(a) publish, post, distribute or disseminate defamatory, infringing, obscene or other unlawful or offensive material or information;
(b) intercept or attempt to intercept any Confirmations or email correspondence;
(c) use the on-line trading facility in any manner that may 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 FACILITY. reement
(1) You acknowledge that you have read, understood and agreed agree to the terms and conditions associated with dealing via our on-line Soho Markets' s online trading facility as set out in this Client Agreement.
(2) Mitrade Soho Markets may amend any of the terms of this Client Agreement or instigate any policies related to the online trading facility at any time and by continuing to deal with Mitrade Soho Markets or to access or use the on-line its online trading facility, you agree to any amendments.
(3) Mitrade Soho Markets agrees to grant you access to one or more electronic terminals, including terminal access through your Internet internet browser, for the electronic transmission of orders to your Account account with MitradeSoho Markets.
(4) Mitrade shall permit you electronically You are permitted to monitor the activity and positions in your Account account electronically by providing an the provision of Soho Markets's online trading facility. The online trading facility may be a proprietary service offered by Mitrade Soho Markets or a third-third- party system.
(5) You acknowledge that you have a personal, non-exclusive and non-transferable licence agree to use the online trading facility software solely for your internal business or investment purposes.
(6) You agree that you shall are not legally allowed to distribute the platform to any third third- party.
(7) The Soho Markets's online trading facility provided by Mitrade may be used to transmit, receive and confirm the execution of orders, subject to market conditions and applicable Operating Rules operating rules and regulations. Regardless of any on-line Confirmation online confirmation received upon placement of an instruction instruztion via the on-line online trading facility, such transaction is not confirmed by Mitrade Soho Markets until Mitrade Soho Markets provides confirmation. The confirmation forwarded by Soho Markets or made available on the Confirmationonline trading facility constitutes its confirmation of a contract.
(8) Mitrade consents You acknowledge and warrant to your access and use Soho Markets that:
a. you will not engage an electronic device, software, algorithm, or any other trading strategy, arbitrage practice on, or otherwise use, the Online Trading Facility which:
i. manipulates or creates an unfair advantage in the way Soho Markets constructs, provides, conveys or executes order prices, or;
ii. contravenes any law, including any law against 'insider' dealing or market manipulation' within the meaning of Division 3 of the online trading facility in reliance upon Corporations Act 2001.
b. you having adopted procedures to prevent unauthorised access to and use of repeat the online trading facilitywarranty under clause 12(8)(a) for each order transaction entered into, in accordance with this Agreement.
c. you will be deemed to breach the client warranty under clause 12(8)(a) if any eventexecuted, or outstanding order(s), as applicable, do not subject you agree to any financial liability for all trades executed through the online trading facilitydownside market risk.
(9) You If you are in breach, or Soho Markets reasonably suspects you are in breach of clause 12(8)(a), Soho Markets shall in its absolute discretion, without prior notice to you:
a. withhold any funds suspected to have been derived from the breach, or suspected breach;
b. close an executed Xxxxx(s) that you may send and receive email messages and otherwise use have open at the online trading facility as permitted in accordance with this Client Agreement, our policies and time;
c. cancel any applicable lawstransaction order/offer you may have outstanding at the time;
d. refuse to accept transaction order(s).
(10) Mitrade makes no express If you are in breach, or implied representations or warranties Soho Markets reasonably suspects you are in breach of clause 12(8)(a), Soho Markets may provide a suspected Client written notice of such decision. A notice of a breach of warranty shall require the suspected Client to you regarding the operation or usability produce evidence that satisfies Soho Markets within thirty (30) days of the online trading facility.
(11) Mitrade makes no representations or warranties regarding any services provided by any third party.
(12) The online trading facility may be available in several versions, which may be differentiated in various aspects including, but notice that the suspected client has not limited breached the client warranty. If the Client fails to the level of security applied, products and services available etc. Mitrade shall not be liable provide to you for any loss, expense, cost or liability suffered or incurred by you due to you using a version different from the standard version with all available updates installed.
(13) Mitrade, its directors, officers, employees, agents, contractors, affiliates, third party vendors, information providers and other suppliers do not warrant that access to or use Soho Markets conclusive evidence within 30-days of the on-line trading facility will be uninterrupted or error-freenotice. Soho Markets shall at its absolute discretion, or that the service will meet any particular criteria with respect and without further reference to its performance or quality. Mitrade expressly disclaims all implied warranties, including without limitation warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, timeliness, sequence, completeness, reliability or content.
(14) Under no circumstances, including negligence, will Mitrade, 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 on-line trading facility. Where liability cannot be excluded, Xxxxxxx’s liability shall be limited to an amount equal to the amount of fees paid to Mitrade by you for use of the on-line trading facility.
(15) You agree not to hold Mitrade and any of its service providers liable for any form of damage whether direct or indirect arising as a result of the unavailability of the on-line trading facility.
(16) You agree that the use of the on-line trading facility is at your risk and you assume full responsibility for any losses resulting from the use of or materials obtained via the on-line trading facility. Mitrade does not make any representations nor endorsements regarding these materials.
(17) Mitrade and its service providers will not accept any form of liability including any loss or damage to you or to any other person foryou:
(aa. enforce all executed transaction/tradefs) any inaccuracies, errors or delays or omissions of any data, information or message or transmission or delivery of any such data, information or messageagainst you that have incurred a loss;
(b) non-performance; or
(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 Mitrade’s control.
(18) You are responsible for providing and maintaining the communications equipment and telephone or alternative services required for accessing and using the on-line trading facility, and for all communications service fees and charges incurred by you in accessing the on-line trading facility.
(19) Mitrade may at any time at its sole discretion terminate or restrict any Client’s access to the on-line trading facility at any time. Should Mitrade terminate this Client Agreement or access to the trading platform you will be liable for all fees charges and obligations incurred under this Client Agreement prior to termination.
(20) You acknowledge that from time to time, and for any reason, the on-line trading facility may not be operational or otherwise available for your use due to servicing, hardware malfunction, software defect, service or transmission interruption or other cause. You agree that Mitrade and its service providers are not liable for any damage arising directly or indirectly from any interruption or non-operation of the on-line trading facility.
(21) Your failure to observe any of these undertakings or representations may result in civil or criminal liability, as well as termination of this Client Agreement or termination of the use of the on-line trading facility.
(22) You acknowledge that it is your responsibility to have alternative arrangements in place at all times, 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 on-line trading facility. In the event of the on-line trading facility not being operational, you agree to contact Mitrade to make alternative order entry arrangements. Such arrangements may be through email, or as otherwise agreed.
(23) You may not under any circumstance use the on-line trading facility to do any of the following:
(a) publish, post, distribute or disseminate defamatory, infringing, obscene or other unlawful or offensive material or information;
(b) intercept or attempt to intercept any Confirmations or email correspondence;
(c) use the on-line trading facility in any manner that may 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 FACILITY. (1) You acknowledge that you have read, understood and agreed to the terms and conditions associated with dealing via our on-line trading facility as set out in this Client Agreement.
(2) Mitrade may amend any of the terms of this Client Agreement or instigate any policies related to the online trading facility at any time and by continuing to deal with Mitrade or to access or use the on-line trading facility, you agree to any amendments.
(3) Mitrade 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 Account with Mitrade.
(4) Mitrade shall permit you electronically to monitor the activity and positions in your Account by providing an online trading facility. The online trading facility may be a proprietary service offered by Mitrade or a third-party system.
(5) You acknowledge that you have a personal, non-exclusive and non-transferable licence to use the online trading facility software solely for your internal business or investment purposes.
(6) You agree that you shall not distribute the platform to any third party.
(7) The online trading facility provided by Mitrade may be used to transmit, receive and confirm the execution of orders, subject to market conditions and applicable Operating Rules and regulations. Regardless of any on-line Confirmation received upon placement of an instruction via the on-line trading facility, such transaction is not confirmed by Mitrade until Mitrade provides the Confirmation.
(8) Mitrade consents to your access and use of the online trading facility in reliance upon you having adopted procedures to prevent unauthorised access to and use of the online trading facility, in any event, you agree to any financial liability for all trades executed through the online trading facility.
(9) You may send and receive email messages and otherwise use the online trading facility as permitted in accordance with this Client Agreement, our policies and any applicable laws.
(10) Mitrade makes no express or implied representations or warranties to you regarding the operation or usability of the online trading facility.
(11) Mitrade makes no representations or warranties regarding any services provided by any third party.
(12) The online trading facility may be available in several versions, which may be differentiated in various aspects including, but not limited to the level of security applied, products and services available etc. Mitrade shall not be liable to you for any loss, expense, cost or liability suffered or incurred by you due to you using a version different from the standard version with all available updates installed.
(13) Mitrade, its directors, officers, employees, agents, contractors, affiliates, third party vendors, information providers and other suppliers do not warrant that access to or use of the on-line trading facility will be uninterrupted or error-free, or that the service will meet any particular criteria with respect to its performance or quality. Mitrade expressly disclaims all implied warranties, including without limitation warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, timeliness, sequence, completeness, reliability or content.
(14) Under no circumstances, including negligence, will Mitrade, 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 on-line trading facility. Where liability cannot be excluded, Xxxxxxx’s liability shall be limited to an amount equal to the amount of fees paid to Mitrade by you for use of the on-line trading facility.
(15) You agree not to hold Mitrade and any of its service providers liable for any form of damage whether direct or indirect arising as a result of the unavailability of the on-line trading facility.
(16) You agree that the use of the on-line trading facility is at your risk and you assume full responsibility for any losses resulting from the use of or materials obtained via the on-line trading facility. Mitrade does not make any representations nor endorsements regarding these materials.
(17) Mitrade and its service providers 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; or
(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 Mitrade’s control.
(18) You are responsible for providing and maintaining the communications equipment and telephone or alternative services required for accessing and using the on-line trading facility, and for all communications service fees and charges incurred by you in accessing the on-line trading facility.
(19) Mitrade may at any time at its sole discretion terminate or restrict any Client’s access to the on-line trading facility at any time. Should Mitrade terminate this Client Agreement or access to the trading platform you will be liable for all fees charges and obligations incurred under this Client Agreement prior to termination.
(20) You acknowledge that from time to time, and for any reason, the on-line trading facility may not be operational or otherwise available for your use due to servicing, hardware malfunction, software defect, service or transmission interruption or other cause. You agree that Mitrade and its service providers are not liable for any damage arising directly or indirectly from any interruption or non-operation of the on-line trading facility.
(21) Your failure to observe any of these undertakings or representations may result in civil or criminal liability, as well as termination of this Client Agreement or termination of the use of the on-line trading facility.
(22) You acknowledge that it is your responsibility to have alternative arrangements in place at all times, 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 on-line trading facility. In the event of the on-line trading facility not being operational, you agree to contact Mitrade to make alternative order entry arrangements. Such arrangements may be through email, or as otherwise agreed.
(23) You may not under any circumstance use the on-line trading facility to do any of the following:
(a) publish, post, distribute or disseminate defamatory, infringing, obscene or other unlawful or offensive material or information;
(b) intercept or attempt to intercept any Confirmations or email correspondence;
(c) use the on-line trading facility in any manner that may 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.
(24) You acknowledge that you meet all of the following for purposes of market data in respect of share CFDs.
(a) you are not a financial institution or registered with a securities agency, regulatory or self-regulatory body;
(b) you are not engaged in a financial services business or employed as a financial adviser for the purposes of your agreement and trading activities with Mitrade;
(c) you are not accessing or using the market data or similar information for a commercial purpose or as a principal, officer, partner, employee or agent of any business or in connection with professional management of third-party assets but solely in an individual and personal capacity of your own personal investment activities;
(d) you are not engaged in the business of accessing or aggregating the market data or similar information or redistribute or furnishing that information to any third parties.
Appears in 1 contract
Samples: Wholesale Client Agreement
ONLINE TRADING FACILITY. (1) You acknowledge that you have read, understood and agreed to the terms and conditions associated with dealing via our on-line online trading facility as set out in this Client Agreement.
(2) Mitrade may amend any of the terms of this Client Agreement or instigate any policies related to the online trading facility at any time and by continuing to deal with Mitrade or to access or use the on-line online trading facility, you agree to any amendments.
(3) Mitrade 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 Account with Mitrade.
(4) Mitrade shall permit you electronically to monitor the activity and positions in your Account by providing an online trading facility. The online trading facility may be a proprietary service offered by Mitrade or a third-party system.
(5) You acknowledge that you have a personal, non-exclusive and non-transferable licence to use the online trading facility software solely for your internal business or investment purposes.
(6) You agree that you shall not distribute the platform to any third party.
(7) The online trading facility provided by Mitrade may be used to transmit, receive and confirm the execution of orders, subject to market conditions and applicable Operating Rules and regulations. Regardless of any on-line online Confirmation received upon placement of an instruction via the on-line online trading facility, such transaction is not confirmed by Mitrade until Mitrade provides the Confirmation.
(8) Mitrade consents to your access and use of the online trading facility in reliance upon you having adopted procedures to prevent unauthorised access to and use of the online trading facility, in any event, you agree to any financial liability for all trades executed through the online trading facility.
(9) You may send and receive email messages and otherwise use the online trading facility as permitted in accordance with this Client Agreement, our policies and any applicable laws.
(10) Mitrade makes no express or implied representations or warranties to you regarding the operation or usability of the online trading facility.
(11) Mitrade makes no representations or warranties regarding any services provided by any third party.
(12) The online trading facility may be available in several versions, which may be differentiated in various aspects including, but not limited to the level of security applied, products and services available etc. Mitrade shall not be liable to you for any loss, expense, cost or liability suffered or incurred by you due to you using a version different from the standard version with all available updates installed.
(13) Mitrade, its directors, officers, employees, agents, contractors, affiliates, third party vendors, information providers and other suppliers do not warrant that access to or use of the on-line online trading facility will be uninterrupted or error-free, or that the service will meet any particular criteria with respect to its performance or quality. Mitrade expressly disclaims all implied warranties, including without limitation warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, timeliness, sequence, completeness, reliability or content.
(14) Under no circumstances, including negligence, will Mitrade, 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 on-line online trading facility. Where liability cannot be excluded, Xxxxxxx’s liability shall be limited to an amount equal to the amount of fees paid to Mitrade by you for use of the on-line online trading facility.
(15) You agree not to hold Mitrade and any of its service providers liable for any form of damage whether direct or indirect arising as a result of the unavailability of the on-line online trading facility.
(16) You agree that the use of the on-line online trading facility is at your risk and you assume full responsibility for any losses resulting from the use of or materials obtained via the on-line online trading facility. Mitrade does not make any representations nor endorsements regarding these materials.
(17) Mitrade and its service providers 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; or
(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 Mitrade’s control.
(18) You are responsible for providing and maintaining the communications equipment and telephone or alternative services required for accessing and using the on-line online trading facility, and for all communications service fees and charges incurred by you in accessing the on-line online trading facility.
(19) Mitrade may at any time at its sole discretion terminate or restrict any Client’s access to the on-line online trading facility at any time. Should Mitrade terminate this Client Agreement or access to the trading platform Trading Platform you will be liable for all fees charges and obligations incurred under this Client Agreement prior to termination.
(20) You acknowledge that from time to time, and for any reason, the on-line 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 other cause. You agree that Mitrade and its service providers are not liable for any damage arising directly or indirectly from any interruption or non-operation of the on-line online trading facility.
(21) Your failure to observe any of these undertakings or representations may result in civil or criminal liability, as well as termination of this Client Agreement or termination of the use of the on-line online trading facility.
(22) You acknowledge that it is your responsibility to have alternative arrangements in place at all times, 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 on-line online trading facility. In the event of the on-line online trading facility not being operational, you agree to contact Mitrade to make alternative order entry arrangements. Such arrangements may be through email, or as otherwise agreed.
(23) You may not under any circumstance use the on-line online trading facility to do any of the following:
(a) publish, post, distribute or disseminate defamatory, infringing, obscene or other unlawful or offensive material or information;
(b) intercept or attempt to intercept any Confirmations or email correspondence;
(c) use the on-line online trading facility in any manner that may 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.
(24) You acknowledge that you meet all of the following for purposes of market data in respect of share CFDs.
(a) you are not a financial institution or registered with a securities agency, regulatory or self-regulatory body;
(b) you are not engaged in a financial services business or employed as a financial adviser for the purposes of your agreement and trading activities with Mitrade;
(c) you are not accessing or using the market data or similar information for a commercial purpose or as a principal, officer, partner, employee or agent of any business or in connection with professional management of third-party assets but solely in an individ- ual and personal capacity of your own personal investment activities;
(d) you are not engaged in the business of accessing or aggregating the market data or similar information or redistribute or furnishing that information to any third parties.
Appears in 1 contract
Samples: Client Agreement
ONLINE TRADING FACILITY. (1) You acknowledge that you have read, understood and agreed to the terms and conditions associated with dealing via our on-line on−line trading facility as set out in this Client Agreement.
(2) Mitrade may amend any of the terms of this Client Agreement or instigate any policies related to the online trading facility at any time and by continuing to deal with Mitrade or to access or use the on-line on−line trading facility, you agree to any amendments.
(3) Mitrade 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 Account with Mitrade.
(4) Mitrade shall permit you electronically to monitor the activity and positions in your Account by providing an online trading facility. The online trading facility may be a proprietary service offered by Mitrade or a third-party third−party system.
(5) You acknowledge that you have a personal, non-exclusive non−exclusive and non-transferable non−transferable licence to use the online trading facility software solely for your internal business or investment purposes.
(6) You agree that you shall not distribute the platform to any third party.
(7) The online trading facility provided by Mitrade may be used to transmit, receive and confirm the execution of orders, subject to market conditions and applicable Operating Rules and regulations. Regardless of any on-line on−line Confirmation received upon placement of an instruction via the on-line on−line trading facility, such transaction is not confirmed by Mitrade until Mitrade provides the Confirmation.
(8) Mitrade consents to your access and use of the online trading facility in reliance upon you having adopted procedures to prevent unauthorised access to and use of the online trading facility, in any event, you agree to any financial liability for all trades executed through the online trading facility.
(9) You may send and receive email messages and otherwise use the online trading facility as permitted in accordance with this Client Agreement, our policies and any applicable laws.
(10) Mitrade makes no express or implied representations or warranties to you regarding the operation or usability of the online trading facility.
(11) Mitrade makes no representations or warranties regarding any services provided by any third party.
(12) The online trading facility may be available in several versions, which may be differentiated in various aspects including, but not limited to the level of security applied, products and services available etc. Mitrade shall not be liable to you for any loss, expense, cost or liability suffered or incurred by you due to you using a version different from the standard version with all available updates installed.
(13) Mitrade, its directors, officers, employees, agents, contractors, affiliates, third party vendors, information providers and other suppliers do not warrant that access to or use of the on-line on−line trading facility will be uninterrupted or error-freeerror−free, or that the service will meet any particular criteria with respect to its performance or quality. Mitrade expressly disclaims all implied warranties, including without limitation warranties of merchantability, title, fitness for a particular purpose, non-infringementnon−infringement, compatibility, security, accuracy, timeliness, sequence, completeness, reliability or content.
(14) Under no circumstances, including negligence, will Mitrade, 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 on-line on−line trading facility. Where liability cannot be excluded, XxxxxxxMitrade’s liability shall be limited to an amount equal to the amount of fees paid to Mitrade by you for use of the on-line on−line trading facility.
(15) You agree not to hold Mitrade and any of its service providers liable for any form of damage whether direct or indirect arising as a result of the unavailability of the on-line on−line trading facility.
(16) You agree that the use of the on-line on−line trading facility is at your risk and you assume full responsibility for any losses resulting from the use of or materials obtained via the on-line on−line trading facility. Mitrade does not make any representations nor endorsements regarding these materials.
(17) Mitrade and its service providers 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-performancenon−performance; or
(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 Mitrade’s control.
(18) You are responsible for providing and maintaining the communications equipment and telephone or alternative services required for accessing and using the on-line on−line trading facility, and for all communications service fees and charges incurred by you in accessing the on-line on−line trading facility.
(19) Mitrade may at any time at its sole discretion terminate or restrict any Client’s access to the on-line on−line trading facility at any time. Should Mitrade terminate this Client Agreement or access to the trading platform you will be liable for all fees charges and obligations incurred under this Client Agreement prior to termination.
(20) You acknowledge that from time to time, and for any reason, the on-line on−line trading facility may not be operational or otherwise available for your use due to servicing, hardware malfunction, software defect, service or transmission interruption or other cause. You agree that Mitrade and its service providers are not liable for any damage arising directly or indirectly from any interruption or non-operation non−operation of the on-line on−line trading facility.
(21) Your failure to observe any of these undertakings or representations may result in civil or criminal liability, as well as termination of this Client Agreement or termination of the use of the on-line on−line trading facility.
(22) You acknowledge that it is your responsibility to have alternative arrangements in place at all times, 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 on-line on−line trading facility. In the event of the on-line on−line trading facility not being operational, you agree to contact Mitrade to make alternative order entry arrangements. Such arrangements may be through email, or as otherwise agreed.
(23) You may not under any circumstance use the on-line on−line trading facility to do any of the following:
(a) publish, post, distribute or disseminate defamatory, infringing, obscene or other unlawful or offensive material or information;
(b) intercept or attempt to intercept any Confirmations or email correspondence;
(c) use the on-line on−line trading facility in any manner that may 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 FACILITY. (1) You acknowledge that you have read, understood and agreed to the terms and conditions associated with dealing via our on-line on−line trading facility as set out in this Client Agreement.
(2) Mitrade may amend any of the terms of this Client Agreement or instigate any policies related to the online trading facility at any time and by continuing to deal with Mitrade or to access or use the on-line on−line trading facility, you agree to any amendments.
(3) Mitrade 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 Account with Mitrade.
(4) Mitrade shall permit you electronically to monitor the activity and positions in your Account by providing an online trading facility. The online trading facility may be a proprietary service offered by Mitrade or a third-party third−party system.
(5) You acknowledge that you have a personal, non-exclusive non−exclusive and non-transferable non−transferable licence to use the online trading facility software solely for your internal business or investment purposes.
(6) You agree that you shall not distribute the platform to any third party.
(7) The online trading facility provided by Mitrade may be used to transmit, receive and confirm the execution of orders, subject to market conditions and applicable Operating Rules and regulations. Regardless of any on-line on−line Confirmation received upon placement of an instruction via the on-line on−line trading facility, such transaction is not confirmed by Mitrade until Mitrade provides the Confirmation.
(8) Mitrade consents to your access and use of the online trading facility in reliance upon you having adopted procedures to prevent unauthorised access to and use of the online trading facility, in any event, you agree to any financial liability for all trades executed through the online trading facility.
(9) You may send and receive email messages and otherwise use the online trading facility as permitted in accordance with this Client Agreement, our policies and any applicable laws.
(10) Mitrade makes no express or implied representations or warranties to you regarding the operation or usability of the online trading facility.
(11) Mitrade makes no representations or warranties regarding any services provided by any third party.
(12) The online trading facility may be available in several versions, which may be differentiated in various aspects including, but not limited to the level of security applied, products and services available etc. Mitrade shall not be liable to you for any loss, expense, cost or liability suffered or incurred by you due to you using a version different from the standard version with all available updates installed.
(13) Mitrade, its directors, officers, employees, agents, contractors, affiliates, third party vendors, information providers and other suppliers do not warrant that access to or use of the on-line on−line trading facility will be uninterrupted or error-freeerror−free, or that the service will meet any particular criteria with respect to its performance or quality. Mitrade expressly disclaims all implied warranties, including without limitation warranties of merchantability, title, fitness for a particular purpose, non-infringementnon−infringement, compatibility, security, accuracy, timeliness, sequence, completeness, reliability or content.
(14) Under no circumstances, including negligence, will Mitrade, 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 on-line on−line trading facility. Where liability cannot be excluded, Xxxxxxx’s liability shall be limited to an amount equal to the amount of fees paid to Mitrade by you for use of the on-line on−line trading facility.
(15) You agree not to hold Mitrade and any of its service providers liable for any form of damage whether direct or indirect arising as a result of the unavailability of the on-line on−line trading facility.
(16) You agree that the use of the on-line on−line trading facility is at your risk and you assume full responsibility for any losses resulting from the use of or materials obtained via the on-line on−line trading facility. Mitrade does not make any representations nor endorsements regarding these materials.
(17) Mitrade and its service providers 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-performancenon−performance; or
(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 Mitrade’s control.
(18) You are responsible for providing and maintaining the communications equipment and telephone or alternative services required for accessing and using the on-line on−line trading facility, and for all communications service fees and charges incurred by you in accessing the on-line on−line trading facility.
(19) Mitrade may at any time at its sole discretion terminate or restrict any Client’s access to the on-line on−line trading facility at any time. Should Mitrade terminate this Client Agreement or access to the trading platform you will be liable for all fees charges and obligations incurred under this Client Agreement prior to termination.
(20) You acknowledge that from time to time, and for any reason, the on-line on−line trading facility may not be operational or otherwise available for your use due to servicing, hardware malfunction, software defect, service or transmission interruption or other cause. You agree that Mitrade and its service providers are not liable for any damage arising directly or indirectly from any interruption or non-operation non−operation of the on-line on−line trading facility.
(21) Your failure to observe any of these undertakings or representations may result in civil or criminal liability, as well as termination of this Client Agreement or termination of the use of the on-line on−line trading facility.
(22) You acknowledge that it is your responsibility to have alternative arrangements in place at all times, 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 on-line on−line trading facility. In the event of the on-line on−line trading facility not being operational, you agree to contact Mitrade to make alternative order entry arrangements. Such arrangements may be through email, or as otherwise agreed.
(23) You may not under any circumstance use the on-line on−line trading facility to do any of the following:
(a) publish, post, distribute or disseminate defamatory, infringing, obscene or other unlawful or offensive material or information;
(b) intercept or attempt to intercept any Confirmations or email correspondence;
(c) use the on-line on−line trading facility in any manner that may 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
