Common use of Responsibilities, Limitation of Liability and Indemnity Clause in Contracts

Responsibilities, Limitation of Liability and Indemnity. 32.1 Your obligation on use of Account You accept full risk and responsibility for: (a) the monitoring and use of your Accounts including any of the events set out in Clause 32.2; (b) the use and storage of any information including your Password, ID, portfolio information, Transaction activities, Account balances and any other information or Instructions available on your personal computer; (c) the provision and maintenance of the communications equipment (including personal computers and modems) and telephone or alternative services required for accessing and using the Services, and for all communications service fees and charges incurred by you in accessing our network; (d) any loss or damage caused directly or indirectly by any government restrictions, Exchange rulings, suspension of trading of Securities, war, strikes, equipment, software or communications line failure or malfunction, unauthorized access, theft, and other occurrences beyond our reasonable control. 32.2 You will immediately notify us in writing or by telephone if you become aware of any of the following: (a) any loss, theft or unauthorized use of the Password, ID and/or Account number(s); (b) any failure by you to receive a message from us indicating that an Instruction was received and/or executed; (c) any failure by you to receive an accurate written confirmation of any Transaction; (d) any receipt of confirmation from us of any Instructions or Transaction which you did not place or authorize; or (e) any inaccurate information in your Account balances, Securities positions, or Transaction history. We shall not be deemed to have received any Instructions given by you until we have actual knowledge of such your Instruction.

Responsibilities, Limitation of Liability and Indemnity. 32.1 Your obligation on use of Account You accept full risk and responsibility for:; (a) the monitoring and use of your Accounts including any of the events set out in Clause 32.2; (b) the use and storage of any information including your Password, ID, portfolio information, Transaction activities, Account balances and any other information or Instructions available on your personal computer; (c) the provision and maintenance of the communications equipment (including personal computers and modems) and telephone or alternative services required for accessing and using the Services, and for all communications service fees and charges incurred by you in accessing our network; (d) any loss or damage caused directly or indirectly by any government restrictions, Exchange rulings, suspension of trading of Securities, war, strikes, equipment, software or communications line failure or malfunction, unauthorized access, theft, and other occurrences beyond our reasonable control. 32.2 You will immediately notify us in writing or by telephone if you become aware of any of the following: (a) any loss, theft or unauthorized use of the Password, ID and/or Account number(s); (b) any failure by you to receive a message from us indicating that an Instruction was received and/or executed; (c) any failure by you to receive an accurate written confirmation of any Transaction; (d) any receipt of confirmation from us of any Instructions or Transaction which you did not place or authorize; or (e) any inaccurate information in your Account balances, Securities positions, or Transaction history. We shall not be deemed to have received any Instructions given by you until we have actual knowledge of such your Instruction. (a) Under no circumstances shall we (including, for the purposes of sub-Clauses 32.3, 32.4, and 32.5, the Agents and their and our respective directors, officers or employees, or any other person involved in creating, producing or delivering the Services or managing us for all of whom we hereby also act), including any negligence on their parts, be liable for any direct, indirect, incidental, special or consequential losses or damages that result from the use of or inability to use the Account(s) and the Services or out of any breach of any warranty. (b) This exclusion of liability will not apply to the extent that any applicable statute prohibits such exclusion. In such event, any liability to us arising out of any such action or omission by us shall be limited to an amount equal to the benefit which the relevant Transaction would have resulted in you during the period between the date of the Transaction and the time for settlement under any applicable law, rule or regulation. 32.4 You shall indemnify us on demand against any and all losses, damages, costs, charges and expenses of any nature (including legal costs on a full indemnity basis) incurred by us in connection with: (a) any failure of or delay by you in performing any of your obligations under this Agreement or any Margin Facility provided to you including the enforcement and preservation of our rights in connection with this Agreement; and (b) our performance of any of our obligations or exercise of our right or discretion in connection with this Agreement. 32.5 Without limitation to the generality of the foregoing, in consideration of us agreeing to accept Instructions by facsimile transmission and/or such other electronic means as may from time to time be permitted by us pursuant to Clause 12.2 above, you shall indemnify us against all claims, losses, damages, costs, expenses (including all legal costs incurred by us on a full indemnity basis) and any liability whatsoever arising out of or in connection with our acceptance of the aforesaid Instructions in the event of any error or omission in such Instructions having been issued without proper authorization on your part. Each of these indemnities (namely in sub-Clauses 32.4 and 32.5) shall constitute a separate and independent indemnity from any other indemnity contained in this Agreement or any other agreement entered into between you and us.

Responsibilities, Limitation of Liability and Indemnity. 32.1 33.1 Your obligation on use of Account You accept full risk and responsibility for: (a) the monitoring and use of your Accounts including any of the events set out in Clause 32.233.2; (b) the use and storage of any information including your Password, ID, portfolio information, Transaction activities, Account balances and any other information or Instructions available on your personal computer; (c) the provision and maintenance of the communications equipment (including personal computers and modems) and telephone or alternative services required for accessing and using the Services, and for all communications service fees and charges incurred by you in accessing our network; (d) any loss or damage caused directly or indirectly by any government restrictions, Exchange rulings, suspension of trading of Securities, war, strikes, equipment, software or communications line failure or malfunction, unauthorized access, theft, and other occurrences beyond our reasonable control. 32.2 33.2 You will immediately notify us in writing or by telephone if you become aware of any of the following: (a) any loss, theft or unauthorized use of the Password, ID and/or Account number(s); (b) any failure by you to receive a message from us indicating that an Instruction was received and/or executed; (c) any failure by you to receive an accurate written confirmation of any Transaction; (d) any receipt of confirmation from us of any Instructions or Transaction which you did not place or authorize; or (e) any inaccurate information in your Account balances, Securities positions, or Transaction history. We shall not be deemed to have received any Instructions given by you until we have actual knowledge of such your Instruction.