ORDERS BY THE CLIENT. 7.4.1 Doo Prime will handle the Transactions in accordance with the Execution Policy available on Doo Prime’s website. The Execution Policy shall be a part of this Agreement and is incorporated herein by reference, and shall be applicable to all Transactions entered into by and between the Client and Doo Prime. Doo Prime will notify the Client of any material changes to the Execution Policy, but the Client undertakes to check for any other changes to the Execution Policy from time to time at Doo Prime’s website. 7.4.2 Unless otherwise directed by the Client, Doo Prime has the discretion to select the marketplace to which to route any of the Client’s Transaction in accordance with the Applicable Statutes And Regulations. 7.4.3 Doo Prime undertakes to use its best endeavours in performing Transactions. The Client acknowledges that the Transactions may not be completed for reasons beyond the control of Doo Prime. Doo Prime may defer execution of any Transaction if Doo Prime believe it is not reasonably practicable to act upon it within a reasonable time, and Doo Prime shall not be liable for any loss arising from such deferral. Doo Prime shall only accept order instructions transmitted via the Trading Platform. 7.4.4 Doo Prime does not represent or warrant that every Transaction will be executed at the most competitive price and that all prices shown may subject to constant change as a result of the following varying factor: (a) Doo Prime may not have access to every market at which the Services are traded; (b) Services at certain volume and pricing may be limited; (c) change of Applicable Statues And Regulations, systems delays, or system failures may prevent or delay the Transactions or Transactions to be executed at the intended pricing; (d) technical conditions, e.g. the transfer rate of data network and rapid market conditions. 7.4.5 The Client authorises and acknowledges that Doo Prime may delegate the Transactions to another executing broker for execution, including but not limited to Doo Prime’s related company or a non-affiliated third party, of which Doo Prime’s rights and obligations under this Agreement shall be applicable to them. 7.4.6 Doo Prime reserves its rights to suspend, reject any Transaction, delay or restrict the Client’s trading activity (including but not limited to controlling maximum Transaction amount, size and Doo Prime’s total exposure to the Client) and the Client shall comply with any reasonably restrictions that Doo Prime may notify the Client with respect to the Client’s activities on the Trading Platform, including but not limited to the limitations on the size of Transactions or other applicable conditions in the following circumstances: (a) a Specified Default Event or a Force Majeure Event occurs; (b) any Fees owed by the Client is overdue; (c) enforcement by the regulatory authority or Applicable Statues And Regulations; (d) the Margin under Clause 7.6 has not been complied with; (e) disruption, failure or error of Trading Platform, Services, software, third party software, equipment, Doo Prime’s payment service provider, other service provider or any other technicality error; (f) under abnormal market conditions; (g) it is impossible to proceed with the Transaction due to insufficient or excessive volume of trade; (h) where Doo Prime has reasonable doubts on the legality or validity of the Transaction; (i) the Account is suspended; (j) Doo Prime has sent a notice of termination to the Client; (k) any event that impairs or restricts the Trading Platform to function on a normal basis; (l) the Transaction derives from a Manifest Error; (m) the relevant market exchange is not open for trading; (n) the Client does not have sufficient funds to cover the cost of the Transaction; (o) the Client has exceeded the trading limit applicable; (p) Doo Prime or its related party may be in breach of Applicable Statutes And Regulations by proceeding with the Transaction; (q) when the Client has utilized network facilities to arbitrage; (r) any circumstances Doo Prime deems fit. 7.4.7 The Client can execute Stop Loss for the Services, which may be amended or cancelled by the Client before the trading conditions are fulfilled. The Client acknowledges that cancellation or modification of the Stop Loss is not possible after the trading conditions are fulfilled. Doo Prime shall not be held liable for any loss or damages for any failure in such cancellation or modification. 7.4.8 Third party products or services or provided on an “as is where is” basis. Doo Prime makes no representation and warranties (including but not limited to accuracy or completeness) in relation to any third party products or services. Doo Prime shall not be obliged to support or maintain any third party products or services, nor will Doo Prime have any liability, regardless of the nature of the claim or the nature of the claimed or alleged damages, including, without limitation, direct, indirect, incidental, consequential or punitive damages, for any claims arising from or related to the use or distribution of the third-party products and services. 7.4.9 In the event of a Manifest Error, Doo Prime reserves the right, without prior notice: (a) to not take any action at all; (b) to amend any Transaction deriving or involving a Manifest Error in good faith so as to reflect what Doo Prime reasonably consider in Doo Prime’s discretion; or (c) to close any Transaction deriving or involving a Manifest Error at the prevailing market price; (d) to void the Transaction deriving or involving a Manifest Error. Doo Prime shall take into account all market information prevailing at the time of the Manifest Error, determine whether the situation amounts to a Manifest Error and thereafter act fairly towards the Client. 7.4.10 Doo Prime shall not be liable for any loss, including loss of profits, income or opportunity to the Client suffered as a result of Manifest Error. 7.4.11 Doo Prime reserves the right to take the following action in the event of a Corporate Event: (a) modify Margin; (b) amend any necessary details in relation to the exercise, settlement, payment or terms related; and (c) determine the effective date of such amendment.
Appears in 5 contracts
Samples: Client Agreement, Client Agreement, Client Agreement
ORDERS BY THE CLIENT. 7.4.1 Doo Prime will handle the Transactions in accordance with the Execution Policy available on Doo Prime’s website. The Execution Policy shall be a part of this Agreement and is incorporated herein by reference, and shall be applicable to all Transactions entered into by and between the Client and Doo Prime. Doo Prime will notify the Client of any material changes to the Execution Policy, but the Client undertakes to check for any other changes to the Execution Policy from time to time at Doo Prime’s website.
7.4.2 Unless otherwise directed by the Client, Doo Prime has the discretion to select the marketplace to which to route any of the Client’s Transaction in accordance with the Applicable Statutes And Regulations.
7.4.3 Doo Prime undertakes to use its best endeavours in performing Transactions. The Client acknowledges that the Transactions may not be completed for reasons beyond the control of Doo Prime. Doo Prime may defer execution of any Transaction if Doo Prime believe it is not reasonably practicable to act upon it within a reasonable time, and Doo Prime shall not be liable for any loss arising from such deferral. Doo Prime shall only accept order instructions transmitted via the Trading Platform.
7.4.4 Doo Prime does not represent or warrant that every Transaction will be executed at the most competitive price and that all prices shown may subject to constant change as a result of the following varying factor:
(a) Doo Prime may not have access to every market at which the Services are traded;
(b) Services at certain volume and pricing may be limited;
(c) change of Applicable Statues And Regulations, systems delays, or system failures may prevent or delay the Transactions or Transactions to be executed at the intended pricing;
(d) technical conditions, e.g. the transfer rate of data network and rapid market conditions.
7.4.5 The Client authorises and acknowledges that Doo Prime may delegate the Transactions to another executing broker for execution, including but not limited to Doo Prime’s related company or a non-affiliated third party, of which Doo Prime’s rights and obligations under this Agreement shall be applicable to them.
7.4.6 Doo Prime reserves its rights to suspend, reject any Transaction, delay or restrict the Client’s trading activity (including but not limited to controlling maximum Transaction amount, size and Doo Prime’s total exposure to the Client) and the Client shall comply with any reasonably restrictions that Doo Prime may notify the Client with respect to the Client’s activities on the Trading Platform, including but not limited to the limitations on the size of Transactions or other applicable conditions in the following circumstances:
(a) a Specified Default Event or a Force Majeure Event occurs;
(b) any Fees owed by the Client is overdue;
(c) enforcement by the regulatory authority or Applicable Statues And Regulations;
(d) the Margin under Clause 7.6 has not been complied with;
(e) disruption, failure or error of Trading Platform, Services, software, third party software, equipment, Doo Prime’s payment service provider, other service provider or any other technicality error;
(f) under abnormal market conditions;
(g) it is impossible to proceed with the Transaction due to insufficient or excessive volume of trade;
(h) where Doo Prime has reasonable doubts on the legality or validity of the Transaction;
(i) the Account is suspended;
(j) Doo Prime has sent a notice of termination to the Client;
(k) any event that impairs or restricts the Trading Platform to function on a normal basis;
(l) the Transaction derives from a Manifest Error;
(m) the relevant market exchange is not open for trading;
(n) the Client does not have sufficient funds to cover the cost of the Transaction;
(o) the Client has exceeded the trading limit applicable;
(p) Doo Prime or its related party may be in breach of Applicable Statutes And Regulations by proceeding with the Transaction;
(q) when the Client has utilized network facilities to arbitrage;
(r) any circumstances Doo Prime deems fit.
7.4.7 The Client can execute Stop Loss for the Services, which may be amended or cancelled by the Client before the trading conditions are fulfilled. The Client acknowledges that cancellation or modification of the Stop Loss is not possible after the trading conditions are fulfilled. Doo Prime shall not be held liable for any loss or damages for any failure in such cancellation or modification.
7.4.8 Third party products or services or provided on an “as is where is” basis. Doo Prime makes no representation and warranties (including but not limited to accuracy or completeness) in relation to any third party products or services. Doo Prime shall not be obliged to support or maintain any third party products or services, nor will Doo Prime have any liability, regardless of the nature of the claim or the nature of the claimed or alleged damages, including, without limitation, direct, indirect, incidental, consequential or punitive damages, for any claims arising from or related to the use or distribution of the third-party products and services.
7.4.9 In the event of a Manifest Error, Doo Prime reserves the right, without prior notice:
(a) to not take any action at all;
(b) to amend any Transaction deriving or involving a Manifest Error in good faith so as to reflect what Doo Prime reasonably consider in Doo Prime’s discretion; or
(c) to close any Transaction deriving or involving a Manifest Error at the prevailing market price;
(d) to void the Transaction deriving or involving a Manifest Error. Doo Prime shall take into account all market information prevailing at the time of the Manifest Error, determine whether the situation amounts to a Manifest Error and thereafter act fairly towards the Client.
7.4.10 Doo Prime shall not be liable for any loss, including loss of profits, income or opportunity to the Client suffered as a result of Manifest Error.
7.4.11 Doo Prime reserves the right to take the following action in the event of a Corporate Event:
(a) modify Margin;
(b) amend any necessary details in relation to the exercise, settlement, payment or terms related; and
(c) determine the effective date of such amendment.
Appears in 3 contracts
Samples: Client Agreement, Client Agreement, Client Agreement
ORDERS BY THE CLIENT. 7.4.1 Doo Prime will handle the Transactions in accordance with the Order Execution Policy available on Doo Prime’s website. The Order Execution Policy shall be a part of this Agreement and is incorporated herein by reference, and shall be applicable to all Transactions entered into by and between the Client and Doo Prime. Doo Prime will notify the Client of any material changes to the Order Execution Policy, but the Client undertakes to check for any other changes to the Order Execution Policy from time to time at Doo Prime’s website.
7.4.2 Unless otherwise directed by the Client, Doo Prime has the discretion to select the marketplace to which to route any of the Client’s Transaction in accordance with the Applicable Statutes And Regulations.
7.4.3 Doo Prime undertakes to use its best endeavours in performing Transactions. The Client acknowledges that the Transactions may not be completed for reasons beyond the control of Doo Prime. Doo Prime may defer execution of any Transaction if Doo Prime believe it is not reasonably practicable to act upon it within a reasonable time, and Doo Prime shall not be liable for any loss arising from such deferral. Doo Prime shall only accept order instructions transmitted via the Trading Platform.
7.4.4 Doo Prime does not represent or warrant that every Transaction will be executed at the most competitive price and that all prices shown may subject to constant change as a result of the following varying factor:
(a) Doo Prime may not have access to every market at which the Services are traded;
(b) Services at certain volume and pricing may be limited;
(c) change of Applicable Statues And Regulations, systems delays, or system failures may prevent or delay the Transactions or Transactions to be executed at the intended pricing;
(d) technical conditions, e.g. the transfer rate of data network and rapid market conditions.
7.4.5 The Client authorises and acknowledges that Doo Prime may delegate the Transactions to another executing broker for execution, including but not limited to Doo Prime’s related company or a non-affiliated third party, of which Doo Prime’s rights and obligations under this Agreement shall be applicable to them.
7.4.6 Doo Prime reserves its rights to suspend, reject any Transaction, delay or restrict the Client’s trading activity (including but not limited to controlling maximum Transaction amount, size and Doo Prime’s total exposure to the Client) and the Client shall comply with any reasonably restrictions that Doo Prime may notify the Client with respect to the Client’s activities on the Trading Platform, including but not limited to the limitations on the size of Transactions or other applicable conditions in the following circumstances:
(a) a Specified Default Event or a Force Majeure Event occurs;
(b) any Fees owed by the Client is overdue;
(c) enforcement by the regulatory authority or Applicable Statues And Regulations;
(d) the Margin under Clause 7.6 has not been complied with;
(e) disruption, failure or error of Trading Platform, Services, software, third party software, equipment, Doo Prime’s payment service provider, other service provider or any other technicality error;
(f) under abnormal market conditions;
(g) it is impossible to proceed with the Transaction due to insufficient or excessive volume of trade;
(h) where Doo Prime has reasonable doubts on the legality or validity of the Transaction;
(i) the Account is suspended;
(j) Doo Prime has sent a notice of termination to the Client;
(k) any event that impairs or restricts the Trading Platform to function on a normal basis;
(l) the Transaction derives from a Manifest Error;
(m) the relevant market exchange is not open for trading;
(n) the Client does not have sufficient funds to cover the cost of the Transaction;
(o) the Client has exceeded the trading limit applicable;
(p) Doo Prime or its related party may be in breach of Applicable Statutes And Regulations by proceeding with the Transaction;
(q) when the Client has utilized network facilities to arbitrage;
(r) any circumstances Doo Prime deems fit.
7.4.7 The Client can execute Stop Loss for the Services, which may be amended or cancelled by the Client before the trading conditions are fulfilled. The Client acknowledges that cancellation or modification of the Stop Loss is not possible after the trading conditions are fulfilled. Doo Prime shall not be held liable for any loss or damages for any failure in such cancellation or modification.
7.4.8 Third party products or services or provided on an “as is where is” basis. Doo Prime makes no representation and warranties (including but not limited to accuracy or completeness) in relation to any third party products or services. Doo Prime shall not be obliged to support or maintain any third party products or services, nor will Doo Prime have any liability, regardless of the nature of the claim or the nature of the claimed or alleged damages, including, without limitation, direct, indirect, incidental, consequential or punitive damages, for any claims arising from or related to the use or distribution of the third-party products and services.
7.4.9 In the event of a Manifest Error, Doo Prime reserves the right, without prior notice:
(a) to not take any action at all;
(b) to amend any Transaction deriving or involving a Manifest Error in good faith so as to reflect what Doo Prime reasonably consider in Doo Prime’s discretion; or
(c) to close any Transaction deriving or involving a Manifest Error at the prevailing market price;
(d) to void the Transaction deriving or involving a Manifest Error. Doo Prime shall take into account all market information prevailing at the time of the Manifest Error, determine whether the situation amounts to a Manifest Error and thereafter act fairly towards the Client.
7.4.10 Doo Prime shall not be liable for any loss, including loss of profits, income or opportunity to the Client suffered as a result of Manifest Error.
7.4.11 Doo Prime reserves the right to take the following action in the event of a Corporate Event:
(a) modify Margin;
(b) amend any necessary details in relation to the exercise, settlement, payment or terms related; and
(c) determine the effective date of such amendment.
Appears in 3 contracts
Samples: Client Agreement, Client Agreement, Client Agreement
ORDERS BY THE CLIENT. 7.4.1 Doo Prime DOUBLE DRILL will handle the Transactions in accordance with the Execution Policy available on Doo PrimeDOUBLE DRILL’s website. The Execution Policy shall be a part of this Agreement and is incorporated herein by reference, and shall be applicable to all Transactions entered into by and between the Client and Doo PrimeDOUBLE DRILL. Doo Prime DOUBLE DRILL will notify the Client of any material changes to the Execution Policy, but the Client undertakes to check for any other changes to the Execution Policy from time to time at Doo PrimeDOUBLE DRILL’s website.
7.4.2 Unless otherwise directed by the Client, Doo Prime DOUBLE DRILL has the discretion to select the marketplace to which to route any of the Client’s Transaction in accordance with the Applicable Statutes And Regulations.
7.4.3 Doo Prime DOUBLE DRILL undertakes to use its best endeavours in performing Transactions. The Client acknowledges that the Transactions may not be completed for reasons beyond the control of Doo PrimeDOUBLE DRILL. Doo Prime DOUBLE DRILL may defer execution of any Transaction if Doo Prime DOUBLE DRILL believe it is not reasonably practicable to act upon it within a reasonable time, and Doo Prime DOUBLE DRILL shall not be liable for any loss arising from such deferral. Doo Prime DOUBLE DRILL shall only accept order instructions transmitted via the Trading Platform.
7.4.4 Doo Prime DOUBLE DRILL does not represent or warrant that every Transaction will be executed at the most competitive price and that all prices shown may subject to constant change as a result of the following varying factor:
(a) Doo Prime DOUBLE DRILL may not have access to every market at which the Services are traded;
(b) Services at certain volume and pricing may be limited;
(c) change of Applicable Statues And Regulations, systems delays, or system failures may prevent or delay the Transactions or Transactions to be executed at the intended pricing;
(d) technical conditions, e.g. the transfer rate of data network and rapid market conditions.
7.4.5 The Client authorises and acknowledges that Doo Prime may delegate the Transactions to another executing broker for execution, including but not limited to Doo Prime’s related company or a non-affiliated third party, of which Doo Prime’s rights and obligations under this Agreement shall be applicable to them.
7.4.6 Doo Prime reserves its rights to suspend, reject any Transaction, delay or restrict the Client’s trading activity (including but not limited to controlling maximum Transaction amount, size and Doo Prime’s total exposure to the Client) and the Client shall comply with any reasonably restrictions that Doo Prime may notify the Client with respect to the Client’s activities on the Trading Platform, including but not limited to the limitations on the size of Transactions or other applicable conditions in the following circumstances:
(a) a Specified Default Event or a Force Majeure Event occurs;
(b) any Fees owed by the Client is overdue;
(c) enforcement by the regulatory authority or Applicable Statues And Regulations;
(d) the Margin under Clause 7.6 has not been complied with;
(e) disruption, failure or error of Trading Platform, Services, software, third party software, equipment, Doo Prime’s payment service provider, other service provider or any other technicality error;
(f) under abnormal market conditions;
(g) it is impossible to proceed with the Transaction due to insufficient or excessive volume of trade;
(h) where Doo Prime has reasonable doubts on the legality or validity of the Transaction;
(i) the Account is suspended;
(j) Doo Prime has sent a notice of termination to the Client;
(k) any event that impairs or restricts the Trading Platform to function on a normal basis;
(l) the Transaction derives from a Manifest Error;
(m) the relevant market exchange is not open for trading;
(n) the Client does not have sufficient funds to cover the cost of the Transaction;
(o) the Client has exceeded the trading limit applicable;
(p) Doo Prime or its related party may be in breach of Applicable Statutes And Regulations by proceeding with the Transaction;
(q) when the Client has utilized network facilities to arbitrage;
(r) any circumstances Doo Prime deems fit.
7.4.7 The Client can execute Stop Loss for the Services, which may be amended or cancelled by the Client before the trading conditions are fulfilled. The Client acknowledges that cancellation or modification of the Stop Loss is not possible after the trading conditions are fulfilled. Doo Prime shall not be held liable for any loss or damages for any failure in such cancellation or modification.
7.4.8 Third party products or services or provided on an “as is where is” basis. Doo Prime makes no representation and warranties (including but not limited to accuracy or completeness) in relation to any third party products or services. Doo Prime shall not be obliged to support or maintain any third party products or services, nor will Doo Prime have any liability, regardless of the nature of the claim or the nature of the claimed or alleged damages, including, without limitation, direct, indirect, incidental, consequential or punitive damages, for any claims arising from or related to the use or distribution of the third-party products and services.
7.4.9 In the event of a Manifest Error, Doo Prime reserves the right, without prior notice:
(a) to not take any action at all;
(b) to amend any Transaction deriving or involving a Manifest Error in good faith so as to reflect what Doo Prime reasonably consider in Doo Prime’s discretion; or
(c) to close any Transaction deriving or involving a Manifest Error at the prevailing market price;
(d) to void the Transaction deriving or involving a Manifest Error. Doo Prime shall take into account all market information prevailing at the time of the Manifest Error, determine whether the situation amounts to a Manifest Error and thereafter act fairly towards the Client.
7.4.10 Doo Prime shall not be liable for any loss, including loss of profits, income or opportunity to the Client suffered as a result of Manifest Error.
7.4.11 Doo Prime reserves the right to take the following action in the event of a Corporate Event:
(a) modify Margin;
(b) amend any necessary details in relation to the exercise, settlement, payment or terms related; and
(c) determine the effective date of such amendment.
Appears in 1 contract
Samples: Client Agreement
