TERMS FOR ELECTRONIC TRADING SERVICES. 2.1 When using the Electronic Trading Service, you warrant that you are the only authorized user of your Access Codes and will be responsible for all instructions placed and all Transactions conducted with the use of the Access Codes. You shall be responsible for the confidentiality, security and use of the Access Codes issued to you by Delta Asia. Delta Asia may use authentication technologies in connection with the Electronic Trading Service. 2.2 You acknowledge that it may not be possible to change or cancel an instruction given through Electronic Trading Service and agrees to exercise caution before placing orders. 2.3 Delta Asia may (but not have obligations) monitor and/or record any of your instructions given or orders transacted through the Electronic Trading Service. You agree to accept such recording (or a transcript thereof) as final and conclusive evidence of the contents and nature of the relevant instructions and Transactions and as binding on you. 2.4 Delta Asia will not be deemed to have received or executed the Instructions from you given through the Electronic Trading Service unless and until you have received the relevant acknowledgement or confirmation in such manner specified by Delta Asia from time to time (including without limitation by posting the status of the Instructions in order journals on the website which is operated by Delta Asia and is freely accessible by you). Delta Asia is also entitled to correct any errors in such acknowledgement or confirmation without incurring any liability in connection therewith. 2.5 You shall immediately notify Delta Asia if: (A) an Instruction has been placed through the Electronic Trading Service and you have not received an instruction number or acknowledgement of receipt of the instruction or of its execution from Delta Asia (whether by hard copy, electronic or verbal means); or (B) you have received acknowledgement of a Transaction (whether by hard copy, electronic or verbal means) which you did not instruct or you have any suspicion of unauthorized access to the Electronic Trading Service; or (C) you become aware of or suspicious of any unauthorized disclosure or use of your Access Codes; or otherwise, Delta Asia or its agents, employees or representatives will not be responsible or liable to you or any other person whose claim may arise through you for any claim with respect to handling, mishandling or loss of Instruction placed through the Electronic Trading Service. 2.6 You agree that should Client experience any problems in reaching Delta Asia through the Electronic Trading Service or vice versa, you shall attempt to use an alternative method or device, as Delta Asia may make available, to communicate with Delta Asia to place your orders and to inform Delta Asia of the difficulty you have experienced. 2.7 You acknowledge that the Electronic Trading Service, the website operated by Delta Asia, and the software comprised in them, are licensed or proprietary to Delta Asia. You shall not, and shall not attempt to, tamper with, modify, decompile, reverse engineer or otherwise alter in any way or gain unauthorized access to, any part of the Electronic Trading Service, the website operated by Delta Asia or any of the software comprised in them. 2.8 You acknowledge that you have fully understood the implications of the risks associated with the Electronic Trading Service as set out in the Risk Disclosure Statement but agrees that the benefits of using the Electronic Trading Service outweigh these risks and waive any claim you might have against Delta Asia arising from: (A) systemic failures (including hardware and software failures); (B) Delta Asia’s acceptance of any unauthorized instructions which appear or which Delta Asia believes to be from you; (C) failure, delay, error in, distortion or incompleteness of, transmission, receipt or in the execution of Instructions from you or execution of your Instructions at prices different from those prevailing at the time the instructions were given; (D) any delay or error in, or distortion or incompleteness of, transmission, receipt or execution of Instructions due to either a breakdown or failure of transmission of communication facilities or unreliable medium of communication (whether or not such communication facility or medium has been provided by us); (E) your access to the website of Delta Asia or the Electronic Trading Service being limited or unavailable; (F) failure to or delay in dispatch or delivery of any notice or information provided or requested via the Electronic Trading Service or any inaccuracy, error or omission in or from any such notice or in or from any information contained in any such notice; (G) Client’s failure to use the Electronic Trading Service in accordance with this Client Agreement or any relevant agreement between Delta Asia and you; and (H) your reliance, use or otherwise acting upon any information or materials provided via the Electronic Trading Service or the website operated by Delta Asia.
Appears in 3 contracts
Samples: Client Agreement, Client Agreement, Client Agreement
TERMS FOR ELECTRONIC TRADING SERVICES. 2.1 When using the Electronic Trading Service, you warrant that you are the only authorized user of your Access Codes and will be responsible for all instructions placed and all Transactions conducted with the use of the Access Codes. You shall be responsible for the confidentiality, security and use of the Access Codes issued to you by Delta AsiaEGFGL. Delta Asia EGFGL may use authentication technologies in connection with the Electronic Trading Service.
2.2 You acknowledge that it may not be possible to change or cancel an instruction given through Electronic Trading Service and agrees to exercise caution before placing orders.
2.3 Delta Asia EGFGL may (but not have obligations) monitor and/or record any of your instructions given or orders transacted through the Electronic Trading Service. You agree to accept such recording (or a transcript thereof) as final and conclusive evidence of the contents and nature of the relevant instructions and Transactions and as binding on you.
2.4 Delta Asia EGFGL will not be deemed to have received or executed the Instructions from you given through the Electronic Trading Service unless and until you have received the relevant acknowledgement or confirmation in such manner specified by Delta Asia EGFGL from time to time (including without limitation by posting the status of the Instructions in order journals on the website which is operated by Delta Asia EGFGL and is freely accessible by you). Delta Asia EGFGL is also entitled to correct any errors in such acknowledgement or confirmation without incurring any liability in connection therewith.
2.5 You shall immediately notify Delta Asia EGFGL if:
(A) an Instruction has been placed through the Electronic Trading Service and you have not received an instruction number or acknowledgement of receipt of the instruction or of its execution from Delta Asia EGFGL (whether by hard copy, electronic or verbal means); or
(B) you have received acknowledgement of a Transaction (whether by hard copy, electronic or verbal means) which you did not instruct or you have any suspicion of unauthorized access to the Electronic Trading Service; or
(C) you become aware of or suspicious of any unauthorized disclosure or use of your Access Codes; or otherwise, Delta Asia EGFGL or its agents, employees or representatives will not be responsible or liable to you or any other person whose claim may arise through you for any claim with respect to handling, mishandling or loss of Instruction placed through the Electronic Trading Service.
2.6 You agree that should Client experience any problems in reaching Delta Asia EGFGL through the Electronic Trading Service or vice versa, you shall attempt to use an alternative method or device, as Delta Asia EGFGL may make available, to communicate with Delta Asia EGFGL to place your orders and to inform Delta Asia EGFGL of the difficulty you have experienced.
2.7 You acknowledge that the Electronic Trading Service, the website operated by Delta AsiaEGFGL, and the software comprised in them, are licensed or proprietary to Delta AsiaEGFGL. You shall not, and shall not attempt to, tamper with, modify, decompile, reverse engineer or otherwise alter in any way or gain unauthorized access to, any part of the Electronic Trading Service, the website operated by Delta Asia EGFGL or any of the software comprised in them.
2.8 You acknowledge that you have fully understood the implications of the risks associated with the Electronic Trading Service as set out in the Risk Disclosure Statement but agrees agree that the benefits of using the Electronic Trading Service outweigh these risks and waive any claim you might have against Delta Asia EGFGL or any Affiliate arising from:
(A) systemic failures (including hardware and software failures);
(B) Delta AsiaEGFGL’s acceptance of any unauthorized instructions which appear or which Delta Asia EGFGL believes to be from you;
(C) failure, delay, error in, distortion or incompleteness of, transmission, receipt or in the execution of Instructions from you or execution of your Instructions at prices different from those prevailing at the time the instructions were given;
(D) any delay or error in, or distortion or incompleteness of, transmission, receipt or execution of Instructions due to either a breakdown or failure of transmission of communication facilities or unreliable medium of communication (whether or not such communication facility or medium has been provided by us);
(E) your access to the website of Delta Asia EGFGL or the Electronic Trading Service being limited or unavailable;
(F) failure to or delay in dispatch or delivery of any notice or information provided or requested via the Electronic Trading Service or any inaccuracy, error or omission in or from any such notice or in or from any information contained in any such notice;
(G) Client’s failure to use the Electronic Trading Service in accordance with this Client Agreement or any relevant agreement between Delta Asia EGFGL and you; and
(H) your reliance, use or otherwise acting upon any information or materials provided via the Electronic Trading Service or the website operated by Delta AsiaEGFGL.
Appears in 1 contract
Samples: Client Agreement
TERMS FOR ELECTRONIC TRADING SERVICES. 2.1 When using the Electronic Trading Service, you warrant that you are the only authorized user of your Access Codes and will be responsible for all instructions placed and all Transactions conducted with the use of the Access Codes. You shall be responsible for the confidentiality, security and use of the Access Codes issued to you by Delta AsiaEGFGL. Delta Asia EGFGL may use authentication technologies in connection with the Electronic Trading Service.
2.2 You acknowledge that it may not be possible to change or cancel an instruction given through Electronic Trading Service and agrees to exercise caution before placing orders.
2.3 Delta Asia EGFGL may (but not have obligations) monitor and/or record any of your instructions given or orders transacted through the Electronic Trading Service. You agree to accept such recording (or a transcript thereof) as final and conclusive evidence of the contents and nature of the relevant instructions and Transactions and as binding on you.
2.4 Delta Asia EGFGL will not be deemed to have received or executed the Instructions from you given through the Electronic Trading Service unless and until you have received the relevant acknowledgement or confirmation in such manner specified by Delta Asia EGFGL from time to time (including without limitation by posting the status of the Instructions in order journals on the website which is operated by Delta Asia EGFGL and is freely accessible by you). Delta Asia EGFGL is also entitled to correct any errors in such acknowledgement or confirmation without incurring any liability in connection therewith.
2.5 You shall immediately notify Delta Asia EGFGL if:
(A) an Instruction has been placed through the Electronic Trading Service and you have not received an instruction number or acknowledgement of receipt of the instruction or of its execution from Delta Asia EGFGL (whether by hard copy, electronic or verbal means); or
(B) you have received acknowledgement of a Transaction (whether by hard copy, electronic or verbal means) which you did not instruct or you have any suspicion of unauthorized access to the Electronic Trading Service; or
(C) you become aware of or suspicious of any unauthorized disclosure or use of your Access Codes; or otherwise, Delta Asia EGFGL or its agents, employees or representatives will not be responsible or liable to you or any other person whose claim may arise through you for any claim with respect to handling, mishandling or loss of Instruction placed through the Electronic Trading Service.
2.6 You agree that should Client experience any problems in reaching Delta Asia EGFGL through the Electronic Trading Service or vice versa, you shall attempt to use an alternative method or device, as Delta Asia EGFGL may make available, to communicate with Delta Asia EGFGL to place your orders and to inform Delta Asia EGFGL of the difficulty you have experienced.
2.7 You acknowledge that the Electronic Trading Service, the website operated by Delta AsiaEGFGL, and the software comprised in them, are licensed or proprietary to Delta AsiaEGFGL. You shall not, and shall not attempt to, tamper with, modify, decompile, reverse engineer or otherwise alter in any way or gain unauthorized access to, any part of the Electronic Trading Service, the website operated by Delta Asia EGFGL or any of the software comprised in them.
2.8 You acknowledge that you have fully understood the implications of the risks associated with the Electronic Trading Service as set out in the Risk Disclosure Statement but agrees that the benefits of using the Electronic Trading Service outweigh these risks and waive any claim you might have against Delta Asia EGFGL or any Affiliate arising from:
(A) systemic failures (including hardware and software failures);
(B) Delta AsiaEGFGL’s acceptance of any unauthorized instructions which appear or which Delta Asia EGFGL believes to be from you;
(C) failure, delay, error in, distortion or incompleteness of, transmission, receipt or in the execution of Instructions from you or execution of your Instructions at prices different from those prevailing at the time the instructions were given;
(D) any delay or error in, or distortion or incompleteness of, transmission, receipt or execution of Instructions due to either a breakdown or failure of transmission of communication facilities or unreliable medium of communication (whether or not such communication facility or medium has been provided by us);
(E) your access to the website of Delta Asia EGFGL or the Electronic Trading Service being limited or unavailable;
(F) failure to or delay in dispatch or delivery of any notice or information provided or requested via the Electronic Trading Service or any inaccuracy, error or omission in or from any such notice or in or from any information contained in any such notice;
(G) Client’s failure to use the Electronic Trading Service in accordance with this Client Agreement or any relevant agreement between Delta Asia EGFGL and you; and
(H) your reliance, use or otherwise acting upon any information or materials provided via the Electronic Trading Service or the website operated by Delta AsiaEGFGL.
Appears in 1 contract
Samples: Client Agreement
TERMS FOR ELECTRONIC TRADING SERVICES. 2.1 When using the Electronic Trading Service, you warrant that you are the only authorized user of your Access Codes and will be responsible for all instructions placed and all Transactions conducted with the use of the Access Codes. You shall be responsible for the confidentiality, security and use of the Access Codes issued to you by Delta AsiaXxxxx. Delta Asia Jimei may use authentication technologies in connection with the Electronic Trading Service.
2.2 You acknowledge that it may not be possible to change or cancel an instruction given through Electronic Trading Service and agrees to exercise caution before placing orders.
2.3 Delta Asia Jimei may (but not have obligations) monitor and/or record any of your instructions given or orders transacted through the Electronic Trading Service. You agree to accept such recording (or a transcript thereof) as final and conclusive evidence of the contents and nature of the relevant instructions and Transactions and as binding on you.
2.4 Delta Asia Jimei will not be deemed to have received or executed the Instructions from you given through the Electronic Trading Service unless and until you have received the relevant acknowledgement or confirmation in such manner specified by Delta Asia Xxxxx from time to time (including without limitation by posting the status of the Instructions in order journals on the website which is operated by Delta Asia Xxxxx and is freely accessible by you). Delta Asia Xxxxx is also entitled to correct any errors in such acknowledgement or confirmation without incurring any liability in connection therewith.
2.5 You shall immediately notify Delta Asia Jimei if:
(A) an Instruction has been placed through the Electronic Trading Service and you have not received an instruction number or acknowledgement of receipt of the instruction or of its execution from Delta Asia Xxxxx (whether by hard copy, electronic or verbal means); or
(B) you have received acknowledgement of a Transaction (whether by hard copy, electronic or verbal means) which you did not instruct or you have any suspicion of unauthorized access to the Electronic Trading Service; or
(C) you become aware of or suspicious of any unauthorized disclosure or use of your Access Codes; or otherwise, Delta Asia Jimei or its agents, employees or representatives will not be responsible or liable to you or any other person whose claim may arise through you for any claim with respect to handling, mishandling or loss of Instruction placed through the Electronic Trading Service.
2.6 You agree that should Client experience any problems in reaching Delta Asia Jimei through the Electronic Trading Service or vice versa, you shall attempt to use an alternative method or device, as Delta Asia Xxxxx may make available, to communicate with Delta Asia Xxxxx to place your orders and to inform Delta Asia Xxxxx of the difficulty you have experienced.
2.7 You acknowledge that the Electronic Trading Service, the website operated by Delta AsiaXxxxx, and the software comprised in them, are licensed or proprietary to Delta AsiaJimei. You shall not, and shall not attempt to, tamper with, modify, decompile, reverse engineer or otherwise alter in any way or gain unauthorized access to, any part of the Electronic Trading Service, the website operated by Delta Asia Xxxxx or any of the software comprised in them.
2.8 You acknowledge that you have fully understood the implications of the risks associated with the Electronic Trading Service as set out in the Risk Disclosure Statement but agrees that the benefits of using the Electronic Trading Service outweigh these risks and waive any claim you might have against Delta Asia Xxxxx or any Affiliate arising from:
(A) systemic failures (including hardware and software failures);
(B) Delta AsiaXxxxx’s acceptance of any unauthorized instructions which appear or which Delta Asia Xxxxx believes to be from you;
(C) failure, delay, error in, distortion or incompleteness of, transmission, receipt or in the execution of Instructions from you or execution of your Instructions at prices different from those prevailing at the time the instructions were given;
(D) any delay or error in, or distortion or incompleteness of, transmission, receipt or execution of Instructions due to either a breakdown or failure of transmission of communication facilities or unreliable medium of communication (whether or not such communication facility or medium has been provided by us);
(E) your access to the website of Delta Asia Jimei or the Electronic Trading Service being limited or unavailable;
(F) failure to or delay in dispatch or delivery of any notice or information provided or requested via the Electronic Trading Service or any inaccuracy, error or omission in or from any such notice or in or from any information contained in any such notice;
(G) Client’s failure to use the Electronic Trading Service in accordance with this Client Agreement or any relevant agreement between Delta Asia Jimei and you; and
(H) your reliance, use or otherwise acting upon any information or materials provided via the Electronic Trading Service or the website operated by Delta AsiaJimei.
Appears in 1 contract
Samples: Client Agreement