ONLINE TRADING PLATFORM. 1. You represent and warrant that you are aware of all Applicable Regulations that apply to the Online Trading Platform and/or Electronic Trading Services that you use and that your use of the Electronic Trading Services will comply with all Applicable Regulations and this Agreement as amended from time to time. 2. We have no obligation to accept, or to subsequently execute or cancel, all or any part of a Transaction that you seek to execute or cancel through an Electronic Trading Service. Without limitation of the foregoing, we have no responsibility for transmissions that are inaccurate or not received by us, and we may execute any Transaction on the terms actually received by us. 3. You authorise us to act on any instruction given or appearing to be given by you (as you will have sole responsibility of keeping your passwords safe) and received by us in relation to any Electronic Trading Service you use (‘Instruction’). We are not obliged to act on any Instruction, or to execute or otherwise enter into any particular Transaction, and need not give any reasons for declining to do so. Unless we agree otherwise with you, you will have no right to amend or revoke an Instruction once received by us. You will be responsible for the genuineness and accuracy, both as to content and form, of any Instruction received by us. You acknowledge that in the event of Manifestly Erroneous prices or volumes we will have a right to void the Transaction and such a Transaction will not be binding on us. 4. You acknowledge we have the right, unilaterally and with immediate ettect, to suspend or terminate (at any time, with or without cause or prior notice) all or any part of any Electronic Trading Service, or your access to any Electronic Trading Service, to change the nature, composition or availability of any Electronic Trading Service, or to change the limits we set on the trading you may conduct through any Electronic Trading Service. 5. You acknowledge that all prices shown on any Electronic Trading Service are indicative and are subject to constant change. 6. Use of any high speed or automated mass data entry system with any Electronic Trading Service will only be permitted with our prior written consent exercised in our sole discretion. 7. In respect of a direct market access system, to any Exchange in respect of which you may submit orders or receive information or data using the Electronic Trading Service, you grant us the right, at any time or times, on reasonable notice (which, in certain circumstances, may be immediate) to enter (or to instruct our or the Exchange’s subcontractors or agents to enter) your premises and inspect your System as we deem necessary either because we believe that your System does not comply with the requirements notified by us to you from time to time or where we have a reasonable suspicion that you are not using the Electronic Trading Service in accordance with, and otherwise complying with, this Agreement and any requirements of any relevant Exchange or Applicable Regulations or otherwise. 8. Where we permit electronic communications between you and us to be based on a customised interface using a protocol such as Financial Information Exchange protocol (FIX) or any other such interface Like API or otherwise, those communications will be interpreted by and subject to any rules of engagement for such interface protocol that are provided to you. 9. You are required to test any customised interface prior to using it in a live environment and you agree you will be responsible for any errors or failure in your implementation of the interface protocol.
Appears in 9 contracts
Samples: Terms and Conditions, General Terms & Conditions, General Terms & Conditions
ONLINE TRADING PLATFORM. 1. You represent and warrant that you are aware of all Applicable Regulations that apply to the Online Trading Platform and/or Electronic Trading Services that you use and that your use of the Electronic Trading Services will comply with all Applicable Regulations and this Agreement as amended from time to time.
2. We have no obligation to accept, or to subsequently execute or cancel, all or any part of a Transaction that you seek to execute or cancel through an Electronic Trading Service. Without limitation of the foregoing, we have no responsibility for transmissions that are inaccurate or not received by us, and we may execute any Transaction on the terms actually received by us.
3. You authorise us to act on any instruction given or appearing to be given by you (as you will have sole responsibility of keeping your passwords safe) and received by us in relation to any Electronic Trading Service you use (‘Instruction’). We are not obliged to act on any Instruction, or to execute or otherwise enter into any particular Transaction, and need not give any reasons for declining to do so. Unless we agree otherwise with you, you will have no right to amend or revoke an Instruction once received by us. You will be responsible for the genuineness and accuracy, both as to content and form, of any Instruction received by us. You acknowledge that in the event of Manifestly Erroneous prices or volumes we will have a right to void the Transaction and such a Transaction will not be binding on us.
4. You acknowledge we have the right, unilaterally and with immediate ettecteffect, to suspend or terminate (at any time, with or without cause or prior notice) all or any part of any Electronic Trading Service, or your access to any Electronic Trading Service, to change the nature, composition or availability of any Electronic Trading Service, or to change the limits we set on the trading you may conduct through any Electronic Trading Service.
5. You acknowledge that all prices shown on any Electronic Trading Service are indicative and are subject to constant change.
6. Use of any high speed or automated mass data entry system with any Electronic Trading Service will only be permitted with our prior written consent exercised in our sole discretion.
7. In respect of a direct market access system, to any Exchange in respect of which you may submit orders or receive information or data using the Electronic Trading Service, you grant us the right, at any time or times, on reasonable notice (which, in certain circumstances, may be immediate) to enter (or to instruct our or the Exchange’s subcontractors or agents to enter) your premises and inspect your System as we deem necessary either because we believe that your System does not comply with the requirements notified by us to you from time to time or where we have a reasonable suspicion that you are not using the Electronic Trading Service in accordance with, and otherwise complying with, this Agreement and any requirements of any relevant Exchange or Applicable Regulations or otherwise.
8. Where we permit electronic communications between you and us to be based on a customised interface using a protocol such as Financial Information Exchange protocol (FIX) or any other such interface Like API or otherwise, those communications will be interpreted by and subject to any rules of engagement for such interface protocol that are provided to you.
9. You are required to test any customised interface prior to using it in a live environment and you agree you will be responsible for any errors or failure in your implementation of the interface protocol.
Appears in 4 contracts
Samples: General Terms & Conditions, Terms and Conditions, General Terms & Conditions
ONLINE TRADING PLATFORM. 113.1. You represent and warrant that you are aware of all Applicable Regulations that apply to the Online Trading Platform online trading platform and/or Electronic Trading Services electronic trading services that you use and that your use of the Electronic Trading Services electronic trading services will comply with all Applicable Regulations applicable regulations and this Agreement agreement as amended from time to time.
213.2. We have no obligation to accept, or to subsequently execute or cancel, all or any part of a Transaction transaction that you seek to execute or cancel through an Electronic Trading Serviceelectronic trading service. Without limitation of the foregoing, we have no responsibility for transmissions that are inaccurate or not received by us, and we may execute any Transaction transaction on the terms actually received by us.
313.3. You authorise us to act on any instruction given or appearing to be given by you (as you will have sole responsibility of keeping your passwords safe) and received by us in relation to any Electronic Trading Service electronic trading VARIANSE is a trading name of VDX Derivatives. VDX Derivatives is authorised and regulated by the Financial Services Commission (FSC) in the republic of Mauritius with License Number C118023323. Registered Address: 00 Xx Xxxxxxx Xxxxxx, Xxxx Xxxxx, Xxxxxxxxx. service you use (‘Instruction’). We are not obliged to act on any Instruction, or to execute or otherwise enter into any particular Transaction, transaction and need not give any reasons for declining to do so. Unless we agree otherwise with you, you will have no right to amend or revoke an Instruction once received by us. You will be responsible for the genuineness and accuracy, both as to content and form, of any Instruction received by us. You acknowledge that in the event of Manifestly Erroneous manifestly erroneous prices or volumes we will have a right to void the Transaction transaction and such a Transaction transaction will not be binding on us.
413.4. You acknowledge we have the right, unilaterally and with immediate ettecteffect, to suspend or terminate (at any time, with or without cause or prior notice) all or any part of any Electronic Trading Serviceelectronic trading service, or your access to any Electronic Trading Serviceelectronic trading service, to change the nature, composition or availability of any Electronic Trading Serviceelectronic trading service, or to change the limits we set on the trading you may conduct through any Electronic Trading Serviceelectronic trading service.
513.5. You acknowledge that all prices shown on any Electronic Trading Service electronic trading service are indicative and are subject to constant change.
613.6. Use of any high speed or automated mass data entry system with any Electronic Trading Service electronic trading service will only be permitted with our prior written consent exercised in our sole discretion.
713.7. In respect of a direct market access system, to any Exchange exchange in respect of which you may submit orders or receive information or data using the Electronic Trading Serviceelectronic trading service, you grant us the right, at any time or times, on reasonable notice (which, in certain circumstances, may be immediate) to enter (or to instruct our or the Exchangeexchange’s subcontractors or agents to enter) your premises and inspect your System system as we deem necessary either because we believe that your System system does not comply with the requirements notified by us to you from time to time or where we have a reasonable suspicion that you are not using the Electronic electronic Trading Service in accordance with, and otherwise complying with, this Agreement agreement and any requirements of any relevant Exchange exchange or Applicable Regulations applicable regulations or otherwise.
813.8. Where we permit electronic communications between you and us to be based on a customised interface using a protocol such as Financial Information Exchange protocol (FIX) or any other such interface Like API or otherwise, those communications will be interpreted by and subject to any rules of engagement for such interface protocol that are provided to you.
913.9. You are required to test any customised interface prior to using it in a live environment and you agree you will be responsible for any errors or failure in your implementation of the interface protocol.
13.10. Where we grant you access to an online trading platform and/or electronic trading service we shall grant you, for the term of this agreement, a personal, limited, non-exclusive, revocable, non-transferable and non-sublicensable license to use the electronic trading services pursuant to and in strict accordance with this agreement. We may provide certain portions of the electronic trading services under license from third parties, and you will comply with any additional restrictions on your usage that we may communicate to you from time to time, or that are otherwise the subject of an agreement between you and such licensors.
13.11. We are providing the electronic trading services to you only for your personal use and only for the purposes, and subject to the Terms, of this agreement. You may not sell, lease, or provide, directly or indirectly, the electronic trading services or any portion of the electronic trading services to any third party except as permitted by this agreement. You acknowledge that all proprietary rights in the electronic trading services are owned by us or by any applicable third-party licensors or service providers selected by us, and are protected under copyright, trademark and other intellectual property laws and other applicable law. You receive no copyright, intellectual property rights or other rights in or to the electronic trading services, except those specifically set out in this Agreement. You will protect and not violate those proprietary rights in the electronic trading services and honour and comply with our reasonable requests to protect our and our third-party service providers’ contractual, statutory and common law rights in the electronic trading services. If you become aware of any violation of our or our third-party service providers’ proprietary rights in the electronic trading services, you will notify us in writing immediately. VARIANSE is a trading name of VDX Derivatives. VDX Derivatives is authorised and regulated by the Financial Services Commission (FSC) in the republic of Mauritius with License Number C118023323. Registered Address: 00 Xx Xxxxxxx Xxxxxx, Xxxx Xxxxx, Xxxxxxxxx. 13.12. In the event that you receive any data, information or software via an electronic trading service other than that which you are entitled to receive pursuant to this Agreement, you will immediately notify us and will not use, in any way whatsoever, such data, information or software.
Appears in 2 contracts
Samples: Client Agreement, Client Agreement
ONLINE TRADING PLATFORM. 1. You represent and warrant that you are aware of all Applicable Regulations that apply to the Online Trading Platform and/or Electronic Trading Services that you use and that your use of the Electronic Trading Services will comply with all Applicable Regulations and this Agreement as amended from time to time.
2. We have no obligation to accept, or to subsequently execute or cancel, all or any part of a Transaction that you seek to execute or cancel through an Electronic Trading Service. Without limitation of the foregoing, we have no responsibility for transmissions that are inaccurate or not received by us, and we may execute any Transaction on the terms actually received by us.
3. You authorise authorize us to act on any instruction given or appearing to be given by you (as you will have sole responsibility of for keeping your passwords safe) and received by us in relation to any Electronic Trading Service you use (‘Instruction’). We are not obliged to act on any Instruction, or to execute or otherwise enter into any particular Transaction, and need not give any reasons for declining to do so. Unless we agree otherwise with you, you will have no right to amend or revoke an Instruction once received by us. You will be responsible for the genuineness and accuracy, both as to content and form, of any Instruction received by us. You acknowledge that in the event of Manifestly Erroneous Manifest Error in relation to prices or volumes we will have a right to void the Transaction and such a Transaction will not be binding on us.
4. You acknowledge we have the right, unilaterally and with immediate ettecteffect, to suspend or terminate (at any time, with or without cause or prior notice) all or any part of any Electronic Trading Service, or your access to any Electronic Trading Service, to change the nature, composition or availability of any Electronic Trading Service, or to change the limits we set on the trading you may conduct through any Electronic Trading Service.
5. You acknowledge that all prices shown on any Electronic Trading Service are indicative and are subject to constant change.
6. Use of any high speed ‘Minimum Size’ as agreed or automated mass data entry system with any Electronic Trading Service advised will only be permitted with our prior written consent exercised in our sole discretionapply to positions you take on the trading platform.
7. In respect of a direct market access system, to any Exchange in respect of which you may submit orders or receive information or data using the Electronic Trading Service, you grant us the right, at any time or times, on reasonable notice (which, in certain circumstances, may be immediate) to enter (or to instruct our or the Exchange’s subcontractors or agents to enter) your premises and inspect your System as we deem necessary either because we believe that your System does not comply with the requirements notified by us to you from time to time or where we have a reasonable suspicion that you are not using the Electronic Trading Service in accordance with, and otherwise complying with, this Agreement and any requirements of any relevant Exchange or Applicable Regulations or otherwise.
8. Where we permit electronic communications between you and us to be based on a customised interface using a protocol such as Financial Information Exchange protocol (FIX) or any other such interface Like API or otherwise, those communications will be interpreted by and subject to any rules of engagement for such interface protocol that are provided to you.
9. You are required to test any customised interface prior to using it in a live environment and you agree you will be responsible for any errors or failure in your implementation of the interface protocol.
Appears in 2 contracts
Samples: General Terms & Conditions, General Terms & Conditions
ONLINE TRADING PLATFORM. 113.1. You represent and warrant that you are aware of all Applicable Regulations that apply to the Online Trading Platform online trading platform and/or Electronic Trading Services electronic trading services that you use and that your use of the Electronic Trading Services electronic trading services will comply with all Applicable Regulations applicable regulations and this Agreement agreement as amended from time to time.
213.2. We have no obligation to accept, or to subsequently execute or cancel, all or any part of a Transaction transaction that you seek to execute or cancel through an Electronic Trading Serviceelectronic trading service. Without limitation of the foregoing, VARIANSE is a trading name of VDX Derivatives. VDX Derivatives is authorised and regulated by the Financial Services Commission (FSC) in the republic of Mauritius with License Number C118023323. Registered Address: 00 Xx Xxxxxxx Xxxxxx, Xxxx Xxxxx, Xxxxxxxxx. we have no responsibility for transmissions that are inaccurate or not received by us, and we may execute any Transaction transaction on the terms actually received by us.
313.3. You authorise us to act on any instruction given or appearing to be given by you (as you will have sole responsibility of keeping your passwords safe) and received by us in relation to any Electronic Trading Service electronic trading service you use (‘Instruction’). We are not obliged to act on any Instruction, or to execute or otherwise enter into any particular Transaction, transaction and need not give any reasons for declining to do so. Unless we agree otherwise with you, you will have no right to amend or revoke an Instruction once received by us. You will be responsible for the genuineness and accuracy, both as to content and form, of any Instruction received by us. You acknowledge that in the event of Manifestly Erroneous manifestly erroneous prices or volumes we will have a right to void the Transaction transaction and such a Transaction transaction will not be binding on us.
413.4. You acknowledge we have the right, unilaterally and with immediate ettecteffect, to suspend or terminate (at any time, with or without cause or prior notice) all or any part of any Electronic Trading Serviceelectronic trading service, or your access to any Electronic Trading Serviceelectronic trading service, to change the nature, composition or availability of any Electronic Trading Serviceelectronic trading service, or to change the limits we set on the trading you may conduct through any Electronic Trading Serviceelectronic trading service.
513.5. You acknowledge that all prices shown on any Electronic Trading Service electronic trading service are indicative and are subject to constant change.
613.6. Use of any high speed or automated mass data entry system with any Electronic Trading Service electronic trading service will only be permitted with our prior written consent exercised in our sole discretion.
713.7. In respect of a direct market access system, to any Exchange exchange in respect of which you may submit orders or receive information or data using the Electronic Trading Serviceelectronic trading service, you grant us the right, at any time or times, on reasonable notice (which, in certain circumstances, may be immediate) to enter (or to instruct our or the Exchangeexchange’s subcontractors or agents to enter) your premises and inspect your System system as we deem necessary either because we believe that your System system does not comply with the requirements notified by us to you from time to time or where we have a reasonable suspicion that you are not using the Electronic electronic Trading Service in accordance with, and otherwise complying with, this Agreement agreement and any requirements of any relevant Exchange exchange or Applicable Regulations applicable regulations or otherwise.
813.8. Where we permit electronic communications between you and us to be based on a customised interface using a protocol such as Financial Information Exchange protocol (FIX) or any other such interface Like API or otherwise, those communications will be interpreted by and subject to any rules of engagement for such interface protocol that are provided to you.
913.9. You are required to test any customised interface prior to using it in a live environment and you agree you will be responsible for any errors or failure in your implementation of the interface protocol.
13.10. Where we grant you access to an online trading platform and/or electronic trading service we shall grant you, for the term of this agreement, a personal, limited, non-exclusive, revocable, non-transferable and non-sublicensable license to use the electronic trading services pursuant to and in strict accordance with this agreement. We may provide certain portions of the electronic trading services under license from third parties, and you will comply with any additional restrictions on your usage that we may communicate to you from time to time, or that are otherwise the subject of an agreement between you and such licensors.
13.11. We are providing the electronic trading services to you only for your personal use and only for the purposes, and subject to the Terms, of this agreement. You may not sell, lease, or provide, directly or indirectly, the electronic trading services or any portion of the electronic trading services to any third party except as permitted by this agreement. You acknowledge that all proprietary rights in the electronic trading services are owned by us or by any applicable third-party licensors or service providers selected by us, and are protected under copyright, trademark and other intellectual property laws and other applicable law. You receive no copyright, intellectual property rights or other rights in or to the electronic trading VARIANSE is a trading name of VDX Derivatives. VDX Derivatives is authorised and regulated by the Financial Services Commission (FSC) in the republic of Mauritius with License Number C118023323. Registered Address: 00 Xx Xxxxxxx Xxxxxx, Xxxx Xxxxx, Xxxxxxxxx. services, except those specifically set out in this Agreement. You will protect and not violate those proprietary rights in the electronic trading services and honour and comply with our reasonable requests to protect our and our third-party service providers’ contractual, statutory and common law rights in the electronic trading services. If you become aware of any violation of our or our third-party service providers’ proprietary rights in the electronic trading services, you will notify us in writing immediately.
13.12. In the event that you receive any data, information or software via an electronic trading service other than that which you are entitled to receive pursuant to this Agreement, you will immediately notify us and will not use, in any way whatsoever, such data, information or software.
13.13. Certain exchanges require that their exchange data will not be viewed or accessed by you on more than one system at any one time. You warrant and represent that you will comply with any restrictions that we apply in relation to your access of the electronic trading service and ability to view exchange data from time to time.
13.14. You will take all reasonable steps to ensure that no computer viruses, worms, software bombs or similar items are introduced into the system or software you use to access our electronic trading services.
13.15. We and our licensors (as the case may be) will retain the intellectual property rights in all elements of the Software and such software and databases contained within the electronic trading services and you will not in any circumstances, obtain title or interest in such elements other than as set out in this Agreement.
13.16. With respect to any market data or other information that we or any third-party service provider provide to you in connection with your use of the electronic trading services,
a. we and any such provider are not responsible or liable if any such data or information is inaccurate or incomplete in any respect;
b. we and any such provider are not responsible or liable for any actions that you take or do not take based on such data or information;
c. you will use such data or information solely for the purposes set out in this agreement;
d. such data or information is proprietary to us and any such provider and you will not retransmit, redistribute, publish, disclose or display in whole or in part such data or information to third parties except as required by applicable regulations;
e. you will use such data or information solely in compliance with the applicable regulations; and
f. you will pay such market data costs (if applicable, for direct market access for example) associated with your use of an electronic trading service as we inform you from time to time.
13.17. In addition to the above, in respect of exchange data that you elect to receive via the electronic trading service, you hereby agree to any terms and conditions relating to the redistribution and use of such data that we may provide to you from time to time.
13.18. We may make available to you applications, software packages, tools and features provided by third parties (i.e. MT4, MT5, cTrader, trading from charts) (‘Third-Party Products’). It is your sole responsibility to understand and evaluate the functionality of any such Third-Party Products before agreeing to download or access them.
13.19. We do not control, endorse or vouch for the accuracy or completeness of any Third-Party Products or their suitability to you. Third-Party Products are provided to you on an ‘as is’ basis, without warranty or guarantee of any kind, express or implied, including but not limited to the warranties of merchantability and fitness for a particular purpose.
13.20. It is a condition of your use of any Third-Party Products that you agree to any reasonable conditions that we place on the use of such products, for example you agree to pay any fees that we advise you.
13.21. Certain Third-Party Products run on pricing data provided by us to a third-party software administrator. We shall use reasonable endeavours to ensure an acceptable service but you accept that the price data VARIANSE is a trading name of VDX Derivatives. VDX Derivatives is authorised and regulated by the Financial Services Commission (FSC) in the republic of Mauritius with License Number C118023323. Registered Address: 00 Xx Xxxxxxx Xxxxxx, Xxxx Xxxxx, Xxxxxxxxx. displayed in any such Third Party Products may be delayed and that we do not guarantee the accuracy or completeness of the data, either current or historical, and that we do not guarantee that the service will be uninterrupted. Furthermore, you acknowledge and agree that in the event of any discrepancy between the data (pricing or otherwise) in the Third-Party Product and our other Electronic Trading Services, the data in our other Electronic Trading Services will prevail.
13.22. You use any Third-Party Products at your own risk. In no event will we be held liable for any claim, damages or other liability, including loss of funds, indirect losses (such as loss of profits), data or service interruptions, whether in an action of contract, tort or otherwise, arising from, out of or in connection with the use, operation, performance and/or error or malfunction of any Third Party Product and/or any services provided by any Third Party Product provider.
Appears in 1 contract
Samples: Client Agreement
ONLINE TRADING PLATFORM. 113.1. You represent and warrant that you are aware of all Applicable Regulations that apply to the Online Trading Platform online trading platform and/or Electronic Trading Services electronic trading services that you use and that your use of the Electronic Trading Services electronic trading services will comply with all Applicable Regulations applicable regulations and this Agreement agreement as amended from time to time. VARIANSE is a trading name of VDX Derivatives. VDX Derivatives is authorised and regulated by the Financial Services Commission (FSC) in the republic of Mauritius with License Number C118023323. Registered Address: 00 Xx Xxxxxxx Xxxxxx, Xxxx Xxxxx, Xxxxxxxxx.
213.2. We have no obligation to accept, or to subsequently execute or cancel, all or any part of a Transaction transaction that you seek to execute or cancel through an Electronic Trading Serviceelectronic trading service. Without limitation of the foregoing, we have no responsibility for transmissions that are inaccurate or not received by us, and we may execute any Transaction transaction on the terms actually received by us.
313.3. You authorise us to act on any instruction given or appearing to be given by you (as you will have sole responsibility of keeping your passwords safe) and received by us in relation to any Electronic Trading Service electronic trading service you use (‘Instruction’). We are not obliged to act on any Instruction, or to execute or otherwise enter into any particular Transaction, transaction and need not give any reasons for declining to do so. Unless we agree otherwise with you, you will have no right to amend or revoke an Instruction once received by us. You will be responsible for the genuineness and accuracy, both as to content and form, of any Instruction received by us. You acknowledge that in the event of Manifestly Erroneous manifestly erroneous prices or volumes we will have a right to void the Transaction transaction and such a Transaction transaction will not be binding on us.
413.4. You acknowledge we have the right, unilaterally and with immediate ettecteffect, to suspend or terminate (at any time, with or without cause or prior notice) all or any part of any Electronic Trading Serviceelectronic trading service, or your access to any Electronic Trading Serviceelectronic trading service, to change the nature, composition or availability of any Electronic Trading Serviceelectronic trading service, or to change the limits we set on the trading you may conduct through any Electronic Trading Serviceelectronic trading service.
513.5. You acknowledge that all prices shown on any Electronic Trading Service electronic trading service are indicative and are subject to constant change.
613.6. Use of any high speed or automated mass data entry system with any Electronic Trading Service electronic trading service will only be permitted with our prior written consent exercised in our sole discretion.
713.7. In respect of a direct market access system, to any Exchange exchange in respect of which you may submit orders or receive information or data using the Electronic Trading Serviceelectronic trading service, you grant us the right, at any time or times, on reasonable notice (which, in certain circumstances, may be immediate) to enter (or to instruct our or the Exchangeexchange’s subcontractors or agents to enter) your premises and inspect your System system as we deem necessary either because we believe that your System system does not comply with the requirements notified by us to you from time to time or where we have a reasonable suspicion that you are not using the Electronic electronic Trading Service in accordance with, and otherwise complying with, this Agreement agreement and any requirements of any relevant Exchange exchange or Applicable Regulations applicable regulations or otherwise.
813.8. Where we permit electronic communications between you and us to be based on a customised interface using a protocol such as Financial Information Exchange protocol (FIX) or any other such interface Like API or otherwise, those communications will be interpreted by and subject to any rules of engagement for such interface protocol that are provided to you.
913.9. You are required to test any customised interface prior to using it in a live environment and you agree you will be responsible for any errors or failure in your implementation of the interface protocol.
13.10. Where we grant you access to an online trading platform and/or electronic trading service we shall grant you, for the term of this agreement, a personal, limited, non-exclusive, revocable, non-transferable and non-sublicensable license to use the electronic trading services pursuant to and in strict accordance with this agreement. We may provide certain portions of the electronic trading services under license from third parties, and you will comply with any additional restrictions on your usage that we may communicate to you from time to time, or that are otherwise the subject of an agreement between you and such licensors.
13.11. We are providing the electronic trading services to you only for your personal use and only for the purposes, and subject to the Terms, of this agreement. You may not sell, lease, or provide, directly or indirectly, the electronic trading services or any portion of the electronic trading services to any third party except as permitted by this agreement. You acknowledge that all proprietary rights in the electronic trading services are owned by us or by any applicable third-party licensors or service providers selected by us, VARIANSE is a trading name of VDX Derivatives. VDX Derivatives is authorised and regulated by the Financial Services Commission (FSC) in the republic of Mauritius with License Number C118023323. Registered Address: 00 Xx Xxxxxxx Xxxxxx, Xxxx Xxxxx, Xxxxxxxxx. and are protected under copyright, trademark and other intellectual property laws and other applicable law. You receive no copyright, intellectual property rights or other rights in or to the electronic trading services, except those specifically set out in this Agreement. You will protect and not violate those proprietary rights in the electronic trading services and honour and comply with our reasonable requests to protect our and our third-party service providers’ contractual, statutory and common law rights in the electronic trading services. If you become aware of any violation of our or our third-party service providers’ proprietary rights in the electronic trading services, you will notify us in writing immediately.
13.12. In the event that you receive any data, information or software via an electronic trading service other than that which you are entitled to receive pursuant to this Agreement, you will immediately notify us and will not use, in any way whatsoever, such data, information or software.
13.13. Certain exchanges require that their exchange data will not be viewed or accessed by you on more than one system at any one time. You warrant and represent that you will comply with any restrictions that we apply in relation to your access of the electronic trading service and ability to view exchange data from time to time.
13.14. You will take all reasonable steps to ensure that no computer viruses, worms, software bombs or similar items are introduced into the system or software you use to access our electronic trading services.
13.15. We and our licensors (as the case may be) will retain the intellectual property rights in all elements of the Software and such software and databases contained within the electronic trading services and you will not in any circumstances, obtain title or interest in such elements other than as set out in this Agreement.
13.16. With respect to any market data or other information that we or any third-party service provider provide to you in connection with your use of the electronic trading services,
a. we and any such provider are not responsible or liable if any such data or information is inaccurate or incomplete in any respect;
b. we and any such provider are not responsible or liable for any actions that you take or do not take based on such data or information;
c. you will use such data or information solely for the purposes set out in this agreement;
d. such data or information is proprietary to us and any such provider and you will not retransmit, redistribute, publish, disclose or display in whole or in part such data or information to third parties except as required by applicable regulations;
e. you will use such data or information solely in compliance with the applicable regulations; and
f. you will pay such market data costs (if applicable, for direct market access for example) associated with your use of an electronic trading service as we inform you from time to time.
13.17. In addition to the above, in respect of exchange data that you elect to receive via the electronic trading service, you hereby agree to any terms and conditions relating to the redistribution and use of such data that we may provide to you from time to time.
13.18. We may make available to you applications, software packages, tools and features provided by third parties (i.e. MT4, MT5, cTrader, trading from charts) (‘Third-Party Products’). It is your sole responsibility to understand and evaluate the functionality of any such Third-Party Products before agreeing to download or access them.
13.19. We do not control, endorse or vouch for the accuracy or completeness of any Third-Party Products or their suitability to you. Third-Party Products are provided to you on an ‘as is’ basis, without warranty or guarantee of any kind, express or implied, including but not limited to the warranties of merchantability and fitness for a particular purpose.
13.20. It is a condition of your use of any Third-Party Products that you agree to any reasonable conditions that we place on the use of such products, for example you agree to pay any fees that we advise you. VARIANSE is a trading name of VDX Derivatives. VDX Derivatives is authorised and regulated by the Financial Services Commission (FSC) in the republic of Mauritius with License Number C118023323. Registered Address: 00 Xx Xxxxxxx Xxxxxx, Xxxx Xxxxx, Xxxxxxxxx. 13.21. Certain Third-Party Products run on pricing data provided by us to a third-party software administrator. We shall use reasonable endeavours to ensure an acceptable service but you accept that the price data displayed in any such Third Party Products may be delayed and that we do not guarantee the accuracy or completeness of the data, either current or historical, and that we do not guarantee that the service will be uninterrupted. Furthermore, you acknowledge and agree that in the event of any discrepancy between the data (pricing or otherwise) in the Third-Party Product and our other Electronic Trading Services, the data in our other Electronic Trading Services will prevail.
Appears in 1 contract
Samples: Client Agreement
ONLINE TRADING PLATFORM. 1. You represent and warrant that you are aware of all Applicable Regulations that apply to the Online Trading Platform and/or Electronic Trading Services that you use and that your use of the Electronic Trading Services will comply with all Applicable Regulations and this Agreement as amended from time to time.
2. We have no obligation to accept, or to subsequently execute or cancel, all or any part of a Transaction that you seek to execute or cancel through an Electronic Trading Service. Without limitation of the foregoing, we have no responsibility for transmissions that are inaccurate or not received by us, and we may execute any Transaction on the terms actually received by us.
3. You authorise authorize us to act on any instruction given or appearing to be given by you (as you will have sole responsibility of for keeping your passwords safe) and received by us in relation to any Electronic Trading Service you use (‘Instruction’). We are not obliged to act on any Instruction, or to execute or otherwise enter into any particular Transaction, and need not give any reasons for declining to do so. Unless we agree otherwise with you, you will have no right to amend or revoke an Instruction once received by us. You will be responsible for the genuineness and accuracy, both as to content and form, of any Instruction received by us. You acknowledge that in the event of Manifestly Erroneous Manifest Error in relation to prices or volumes we will have a right to void the Transaction and such a Transaction will not be binding on us.
4. You acknowledge we have the right, unilaterally and with immediate ettect, to suspend or terminate (at any time, with or without cause or prior notice) all or any part of any Electronic Trading Service, or your access to any Electronic Trading Service, to change the nature, composition or availability of any Electronic Trading Service, or to change the limits we set on the trading you may conduct through any Electronic Trading Service.
5. You acknowledge that all prices shown on any Electronic Trading Service are indicative and are subject to constant change.
6. Use of any high speed ‘Minimum Size’ as agreed or automated mass data entry system with any Electronic Trading Service advised will only be permitted with our prior written consent exercised in our sole discretionapply to positions you take on the trading platform.
7. In respect of a direct market access system, to any Exchange in respect of which you may submit orders or receive information or data using the Electronic Trading Service, you grant us the right, at any time or times, on reasonable notice (which, in certain circumstances, may be immediate) to enter (or to instruct our or the Exchange’s subcontractors or agents to enter) your premises and inspect your System as we deem necessary either because we believe that your System does not comply with the requirements notified by us to you from time to time or where we have a reasonable suspicion that you are not using the Electronic Trading Service in accordance with, and otherwise complying with, this Agreement and any requirements of any relevant Exchange or Applicable Regulations or otherwise.
8. Where we permit electronic communications between you and us to be based on a customised interface using a protocol such as Financial Information Exchange protocol (FIX) or any other such interface Like API or otherwise, those communications will be interpreted by and subject to any rules of engagement for such interface protocol that are provided to you.
9. You are required to test any customised interface prior to using it in a live environment and you agree you will be responsible for any errors or failure in your implementation of the interface protocol.
Appears in 1 contract
Samples: General Terms and Conditions
ONLINE TRADING PLATFORM. 1. You represent and warrant that you are aware of all Applicable Regulations that apply to the Online Trading Platform and/or Electronic Trading Services that you use and that your use of the Electronic Trading Services will comply with all Applicable Regulations and this Agreement as amended from time to time.
2. We have no obligation to accept, or to subsequently execute or cancel, all or any part of a Transaction that you seek to execute or cancel through an Electronic Trading Service. Without limitation of the foregoing, we have no responsibility for transmissions that are inaccurate or not received by us, and we may execute any Transaction on the terms actually received by us.
3. You authorise us to act on any instruction given or appearing to be given by you (as you will have sole responsibility of keeping your passwords safe) and received by us in relation to any Electronic Trading Service you use (‘Instruction’). We W e are not obliged to act on any Instruction, or to execute or otherwise enter into any particular Transaction, and need not give any reasons for declining to do so. Unless we agree otherwise with you, you will have no right to amend or revoke an Instruction once received by us. You will be responsible for the genuineness and accuracy, both as to content and form, of any Instruction received by us. You acknowledge that in the event of Manifestly Erroneous prices or volumes we will have a right to void the Transaction and such a Transaction will not be binding on us.
4. You acknowledge we have the right, unilaterally and with immediate ettecteffect, to suspend or terminate (at any time, with or without cause or prior notice) all or any part of any Electronic Trading Service, or your access to any Electronic Trading Service, to change the nature, composition or availability of any Electronic Trading Service, or to change the limits we set on the trading you may conduct through any Electronic Trading Service.
5. You acknowledge that all prices shown on any Electronic Trading Service are indicative and are subject to constant change.
6. Use of any high speed or automated mass data entry system with any Electronic Trading Service will only be permitted with our prior written consent exercised in our sole discretion.
7. In respect of a direct market access system, to any Exchange in respect of which you may submit orders or receive information or data using the Electronic Trading Service, you grant us the right, at any time or times, on reasonable notice (which, in certain circumstances, may be immediate) to enter (or to instruct our or the Exchange’s subcontractors or agents to enter) your premises and inspect your System as we deem necessary either because we believe that your System does not comply with the requirements notified by us to you from time to time or where we have a reasonable suspicion that you are not using the Electronic Trading Service in accordance with, and otherwise complying with, this Agreement and any requirements of any relevant Exchange or Applicable Regulations or otherwise.
8. Where we permit electronic communications between you and us to be based on a customised interface using a protocol such as Financial Information Exchange protocol (FIX) or any other such interface Like API or otherwise, those communications will be interpreted by and subject to any rules of engagement for such interface protocol that are provided to you.
9. You are required to test any customised interface prior to using it in a live environment and you agree you will be responsible for any errors or failure in your implementation of the interface protocol.
Appears in 1 contract
Samples: General Terms & Conditions
