Common use of PLATFORMS AND SYSTEMS Clause in Contracts

PLATFORMS AND SYSTEMS. 18.1 Although we give no undertaking, representation or warranty that the Platforms will be available or accessible, we will use commercially reasonable efforts to ensure that the Platforms can be accessed by you for use in accordance with the Agreement. 18.2 The Platforms will be regularly updated and you should download and install the updates when prompted in order to achieve the most efficient platform functionality. 18.3 You are responsible for ensuring that your information technology is compatible with ours and meets our minimum system requirements. The minimum system requirements are as set out on the Website from time to time. 18.4 We may suspend a Platform with or without notice for any reason, including but not limited to carrying out maintenance, repair or development. We will not be liable if access to any service is prevented or interrupted or otherwise unavailable due to a Force Majeure Event and/or because of any suspension pursuant to the Agreement, unless as a result of our wilful default, fraud or negligence. 18.5 We give no warranty regarding the whole or any part of any Platform, the Website or any systems or network links or any other means of communication or their suitability for any equipment and device used by you for any particular purpose, unless as a result of our wilful default, fraud or negligence. We will have no liability to you in relation to any loss that you suffer as a result of any delay or defect in or failure of the whole or any part of a Platform, Website or any systems or network links or any other means of communication. We will have no liability to you, whether in contract or in tort (including negligence) in the event that any computer viruses, worms, software bombs or similar items are introduced into your computer hardware or software via Websites, provided that we have taken reasonable steps to prevent any such introduction. 18.6 Certain information on the Platforms may be provided by third parties. If any such information ceases to be provided in a manner which is compatible with the relevant Platform, we may remove as much information as is affected, without notice, without incurring any liability to you, and without any change to your payment or other obligations. Further, we may amend, update, supplement or replace the Platform software from time to time (in whole or in part) without notice, without incurring any liability to you, and without any change to your payment or other obligations. You acknowledge and agree that your use of the Platforms after any, amendment, update, supplement or replacement shall constitute your acceptance of such amendment, update, supplement or replacement. 18.7 If, despite our reasonable efforts, any Platform or related system failure occurs that makes trading impractical, all new trading will be suspended. All open Transactions will remain open until the close of the relevant Underlying Market; however, while systems are down, no Stop Loss Order or Limit Order may be executed. We are not responsible for any additional trading loss suffered due to a Stop Loss Order or a Limit Order not being duly executed because of a systems failure unless as a result of our wilful default or fraud. You remain liable for any open Transactions until confirmation is issued that they have been closed. 18.8 During periods of high volatility in Underlying Markets we may experience high telephone call volumes and where Platforms or telephony is interrupted you may not be able to contact us. In such circumstances, we will use commercially reasonable efforts to answer your call as quickly as practicable but will not be liable to you for any trading loss due to delay, unless as a result of our fraud or wilful default.

Appears in 5 contracts

Samples: Terms and Conditions, Terms and Conditions, Terms and Conditions

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PLATFORMS AND SYSTEMS. 18.1 21.1 Although we give no undertaking, representation or warranty that the Platforms will be available or accessible, we will use commercially reasonable efforts to ensure that the Platforms can be accessed by you for use in accordance with the Agreement. 18.2 21.2 The Platforms will be regularly updated and you should download and install the updates when prompted in order to achieve the most efficient platform functionality. 18.3 21.3 You are responsible for ensuring that your information technology is compatible with ours and meets our minimum system requirements. The minimum system requirements are as set out on the Website from time to time. 18.4 21.4 We may suspend a Platform with or without notice for any reason, including but not limited to carrying out maintenance, repair or development. We will not be liable if access to any service is prevented or interrupted or otherwise unavailable due to a Force Majeure Event and/or because of any suspension pursuant to the Agreement, unless as a result of our wilful default, fraud or negligence. 18.5 21.5 We give no warranty regarding the whole or any part of any Platform, the Website or any systems or network links or any other means of communication or their suitability for any equipment and device used by you for any particular purpose, unless as a result of our wilful default, fraud or negligence. We will have no liability to you in relation to any loss that you suffer as a result of any delay or defect in or failure of the whole or any part of a Platform, Website or any systems or network links or any other means of communication. We will have no liability to you, whether in contract or in tort (including negligence) in the event that any computer viruses, worms, software bombs or similar items are introduced into your computer hardware or software via Websites, provided that we have taken reasonable steps to prevent any such introduction. 18.6 21.6 Certain information on the Platforms may be provided by third parties. If any such information ceases to be provided in a manner which is compatible with the relevant Platform, we may remove as much information as is affected, without notice, without incurring any liability to you, and without any change to your payment or other obligations. Further, we may amend, update, supplement or replace the Platform software from time to time (in whole or in part) without notice, without incurring any liability to you, and without any change to your payment or other obligations. You acknowledge and agree that your use of the Platforms after any, amendment, update, supplement or replacement shall constitute your acceptance of such amendment, update, supplement or replacement. 18.7 21.7 If, despite our reasonable efforts, any Platform or related system failure occurs that makes trading impractical, all new trading will be suspended. All open Transactions will remain open until the close of the relevant Underlying Market; however, while systems are down, no Stop Loss Order or Limit Order may be executed. We are not responsible for any additional trading loss suffered due to a Stop Loss Order or a Limit Order not being duly executed because of a systems failure unless as a result of our wilful default or fraud. You remain liable for any open Transactions until confirmation is issued that they have been closed. 18.8 21.8 During periods of high volatility in Underlying Markets we may experience high telephone call volumes and where Platforms or telephony is interrupted you may not be able to contact us. In such circumstances, circumstances we will use commercially reasonable efforts to answer your call as quickly as practicable but will not be liable to you for any trading loss due to delay, unless as a result of our fraud or wilful default.

Appears in 1 contract

Samples: Terms and Conditions

PLATFORMS AND SYSTEMS. 18.1 Although we give no undertaking, representation or warranty that the Platforms will be available or accessible, we will use commercially reasonable efforts to ensure that the Platforms can be accessed by you for use in accordance with the Agreement. 18.2 The Platforms will be regularly updated and you should download and install the updates when prompted in order to achieve the most efficient platform functionality. 18.3 You are responsible for ensuring that your information technology is compatible with ours and meets our minimum system requirements. The minimum system requirements are as set out on the Website from time to time. 18.4 We may suspend a Platform with or without notice for any reason, including but not limited to carrying out maintenance, repair or development. We will not be liable if access to any service is prevented or interrupted or otherwise unavailable due to a Force Majeure Event and/or because of any suspension pursuant to the Agreement, unless as a result of our wilful default, fraud or negligence. 18.5 We give no warranty regarding the whole or any part of any Platform, the Website or any systems or network links or any other means of communication or their suitability for any equipment and device used by you for any particular purpose, unless as a result of our wilful default, fraud or negligence. We will have no liability to you in relation to any loss that you suffer as a result of any delay or defect in or failure of the whole or any part of a Platform, Website or any systems or network links or any other means of communication. We will have no liability to you, whether in contract or in tort (including negligence) in the event that any computer viruses, worms, software bombs or similar items are introduced into your computer hardware or software via Websites, provided that we have taken reasonable steps to prevent any such introduction. 18.6 Certain information on the Platforms may be provided by third parties. If any such information ceases to be provided in a manner which is compatible with the relevant Platform, we may remove as much information as is affected, without notice, without incurring any liability to you, and without any change to your payment or other obligations. Further, we may amend, update, supplement or replace the Platform software from time to time (in whole or in part) without notice, without incurring any liability to you, and without any change to your payment or other obligations. You acknowledge and agree that your use of the Platforms after any, amendment, update, supplement or replacement shall constitute your acceptance of such amendment, update, supplement or replacement. 18.7 If, despite our reasonable efforts, any Platform or related system failure occurs that makes trading impractical, all new trading will be suspended. All open Transactions will remain open until the close of the relevant Underlying Market; however, while systems are down, no Stop Loss Order or Limit Order may be executed. We are not responsible for any additional trading loss suffered due to a Stop Loss Order or a Limit Order not being duly executed because of a systems failure unless as a result of our wilful default or fraud. You remain liable for any open Transactions until confirmation is issued that they have been closed. 18.8 During periods of high volatility in Underlying Markets we may experience high telephone call volumes and where Platforms or telephony is interrupted you may not be able to contact us. In such circumstances, circumstances we will use commercially reasonable efforts to answer your call as quickly as practicable but will not be liable to you for any trading loss due to delay, unless as a result of our fraud or wilful default.

Appears in 1 contract

Samples: Terms and Conditions

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PLATFORMS AND SYSTEMS. 18.1 Although we give no undertaking, representation or warranty that the Platforms will be available or accessible, we will use commercially reasonable efforts to ensure that the Platforms can be accessed by you for use in accordance with the Agreement. 18.2 The Platforms will be regularly updated and you You should download and install the updates when prompted in order to achieve the most efficient platform functionality. 18.3 You are responsible for ensuring that your information technology is compatible with ours and meets our minimum system requirements. The minimum system requirements are as set out on the Website from time to time. 18.4 We may suspend a Platform with or without notice for any reason, including but not limited to carrying out maintenance, repair or development. We will not be liable if access to any service is prevented or interrupted or otherwise unavailable due to a Force Majeure Event and/or because of any suspension pursuant to the Agreement, unless as a result of our wilful default, fraud or negligence. 18.5 We give no warranty regarding the whole or any part of any Platform, the Website or any systems or network links or any other means of communication or their suitability for any equipment and device used by you for any particular purpose, unless as a result of our wilful default, fraud or negligence. We will have no liability to you in relation to any loss that you suffer as a result of any delay or defect in or failure of the whole or any part of a Platform, Website or any systems or network links or any other means of communication. We will have no liability to you, whether in contract or in tort (including negligence) in the event that any computer viruses, worms, software bombs or similar items are introduced into your computer hardware or software via Websites, provided that we thatwe have taken reasonable steps to prevent any such introduction. 18.6 Certain information on the Platforms may be provided by third parties. If any such information ceases to be provided in a manner which is compatible with the relevant Platform, we may remove as much information as is affected, without notice, without incurring any liability to you, and without any change to your payment or other obligations. Further, we may amend, update, supplement or replace the Platform software from time to time (in whole or in part) without notice, without incurring any liability to you, and without any change to your payment or other obligations. You acknowledge and agree that your use of the Platforms after any, amendment, update, supplement or replacement shall constitute your acceptance of such amendment, update, supplement or replacement. 18.7 If, despite our reasonable efforts, any Platform or related system failure occurs that makes trading impractical, all new trading will be suspended. All open Transactions will remain open until the close of the relevant Underlying Market; however, while systems are down, no Stop Loss Order or Limit Order may be executed. We are not responsible for any additional trading loss suffered due to a Stop Loss Order or a Limit Order not being duly executed because of a systems failure unless as a result of our wilful default or fraud. You remain liable for any open Transactions until confirmation is issued that they have been closed. 18.8 During periods of high volatility in Underlying Markets we may experience high telephone call volumes and where Platforms or telephony is interrupted you may not be able to contact us. In such circumstances, we will use commercially reasonable efforts to answer your call as quickly as practicable but will not be liable to you for any trading loss due to delay, unless as a result of our fraud or wilful default.

Appears in 1 contract

Samples: Terms and Conditions

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