THE COMPANY'S RIGHTS AND OBLIGATIONS. 6.1. The User acknowledges that the Company has the following rights: 6.1.1. To reject, cancel, delete or adjust any exchange or trading order or transaction the User may place; 6.1.2. To suspend the User’s Account; 6.1.3. To correct any transactions of Users deemed necessary by the Company for the proper provision of Services under this Agreement; 6.1.4. To restrict access to, impose limits on, suspend, stop or cancel use of the Platform (including, without limitation, discontinuing the User’s use of the API) either generally or for particular Funds, transactions or Users, or to discontinue transmission of any or all information; 6.1.5. The Company may refuse to facilitate or proceed with any transactions or refuse access to the Platform at the Company’s sole discretion, as a result of any of the following: 6.1.5.1. Full or partial failure of the Platform, including failure of technology or any of the communications linked to the Platform and the User and/or any of the Counterparties, or any other circumstance in which it is deemed impractical to use the Platform; 6.1.5.2. A breach of the Platform security; 6.1.5.3. A material breach by the User of their obligations under this Agreement or any other agreement with the Company (including the Account Opening Documentation); 6.1.5.4. Failure to comply with any applicable laws by the User; 6.1.5.5. Market conditions generally or conditions affecting a particular Asset or derivative rendering it necessary or desirable (at the Company’s sole discretion); 6.1.5.6. Absence of liquidity. Any such actions taken by the Company in accordance with this Section shall continue for such period of time as the Company reasonable determines to be necessary. 6.2. For the purpose of mitigating and managing potential AML/CTF risks faced by the Company and without detracting from the generality of the Company rights as expressly stipulated above, the Company reserves the right, at its sole discretion, to suspend any User’s Account and prohibit any activity including, but not limited to, withdrawals for the term of internal investigation but not more than 180 days, providing that the Company has reasonable suspicion that User’s activity (i) does not comply with the Services provided by the Company and the subject of this Agreement, and/or (ii) is fraudulent, and/or (iii) is in breach of the law, the present Agreement or the Company’s Anti-Fiat Currency Laundering and Counter-Terrorism Policies. 6.3. In order for the Company to show prices at the speed associated with speculative trading, the Company may have to rely on available prices that may later prove to be incorrect. In such cases, the Company may cancel or adjust the trade on the User’s Account, but shall do so within reasonable time and shall provide the User with a full explanation of actions taken. 6.4. The Company shall, at its sole discretion, have control over and the right to modify the functionality of the Company’s exchange and trading system’s price feeds, configurations and content, including but not limited to: 6.4.1. The parameter and protocols, by which the exchange/trading orders are placed, routed, matched or otherwise processed by the Company’s exchange and trading system. 6.4.2. The availability of the Company’s exchange and trading system with respect to particular financial instruments or transactions at any particular time or location. 6.5. The Company reserves the right to deliver the Platform and to process exchange and trading orders at its sole and absolute discretion. 6.6. In case of any dispute the Company reserves the right to apply to third parties for advice and/or investigation, expertise or analysis, including, without limitation, on a fee paid basis and the Company shall retain the right to forward such costs to the User pursuant to the provisions of this Agreement. 6.7. The Company will make all possible endeavors to execute trading and exchange orders placed by the User. The User hereby understands that the Company is unable to guarantee the execution or the User’s orders or requests and that the User will not hold the Company liable for any failure in the execution process.
Appears in 2 contracts
Samples: User Agreement, User Agreement
THE COMPANY'S RIGHTS AND OBLIGATIONS. 6.15.1. The User acknowledges that the Company has the following rights:
6.1.15.1.1. To reject, cancel, delete or adjust any exchange or trading order or transaction the User may place;
6.1.25.1.2. To suspend the User’s Account;
6.1.35.1.3. To correct any transactions of Users deemed necessary by the Company for the proper provision of Services under this Agreement;
6.1.45.1.4. To restrict access to, impose limits on, suspend, stop or cancel use of the Platform (including, without limitation, discontinuing the User’s use of the API) either generally or for particular Funds, transactions or Users, or to discontinue transmission of any or all information;
6.1.55.1.5. The Company may refuse to facilitate or proceed with any transactions or refuse access to the Platform at the Company’s sole discretion, as a result of any of the following:
6.1.5.15.1.5.1. Full or partial failure of the Platform, including failure of technology or any of the communications linked to the Platform and the User and/or any of the Counterparties, or any other circumstance in which it is deemed impractical to use the Platform;
6.1.5.25.1.5.2. A breach of the Platform security;
6.1.5.35.1.5.3. A material breach by the User of their obligations under this Agreement or any other agreement with the Company (including the Account Opening Documentation);
6.1.5.4. Failure to comply with any applicable laws by the User;
6.1.5.5. Market conditions generally or conditions affecting a particular Asset or derivative rendering it necessary or desirable (at the Company’s sole discretion);
6.1.5.6. Absence of liquidity. ; Any such actions taken by the Company in accordance with this Section shall continue for such period of time as the Company reasonable determines to be necessary.
6.25.2. For the purpose of mitigating and managing potential AML/CTF risks faced by the Company and without detracting from the generality of the Company rights as expressly stipulated above, the Company reserves the right, at its sole discretion, to suspend any User’s Account and prohibit any activity including, but not limited to, withdrawals refunds for the term of internal investigation but not more than 180 days, providing that the Company has reasonable suspicion that User’s activity (i) does not comply with the Services provided by the Company and the subject of this Agreement, and/or (ii) is fraudulent, and/or (iii) is in breach of the law, the present Agreement or the Company’s Anti-Fiat Currency Money Laundering and Counter-Terrorism Policies.
6.3. In order for the Company to show prices at the speed associated with speculative trading, the Company may have to rely on available prices that may later prove to be incorrect. In such cases, the Company may cancel or adjust the trade on the User’s Account, but shall do so within reasonable time and shall provide the User with a full explanation of actions taken.
6.4. The Company shall, at its sole discretion, have control over and the right to modify the functionality of the Company’s exchange and trading system’s price feeds, configurations and content, including but not limited to:
6.4.1. The parameter and protocols, by which the exchange/trading orders are placed, routed, matched or otherwise processed by the Company’s exchange and trading system.
6.4.2. The availability of the Company’s exchange and trading system with respect to particular financial instruments or transactions at any particular time or location.
6.55.3. The Company reserves the right to deliver the Platform and to process exchange and trading orders services at its sole and absolute discretion.
6.65.4. In case of any dispute the Company reserves the right to apply to third parties for advice and/or investigation, expertise or analysis, including, without limitation, on a fee paid basis and the Company shall retain the right to forward such costs to the User pursuant to the provisions of this Agreement.
6.75.5. The Company will make all possible endeavors to execute trading and exchange orders placed by the User. The User hereby understands that the Company is unable to guarantee the execution or the User’s orders or requests and that the User will not hold the Company liable for any failure in the execution process.
Appears in 1 contract
Samples: Customer Agreement
THE COMPANY'S RIGHTS AND OBLIGATIONS. 6.1. The User acknowledges that the Company has the following rights:
6.1.1. To reject, cancel, delete or adjust any exchange or trading order or transaction the User may place;
6.1.2. To suspend the User’s Account;
6.1.3. To correct any transactions of Users deemed necessary by the Company for the proper provision of Services under this Agreement;
6.1.4. To restrict access to, impose limits on, suspend, stop or cancel use of the Platform (including, without limitation, discontinuing the User’s use of the API) either generally or for particular Funds, transactions or Users, or to discontinue transmission of any or all information;
6.1.5. The Company may refuse to facilitate or proceed with any transactions or refuse access to the Platform at the Company’s sole discretion, as a result of any of the following:
6.1.5.1. Full or partial failure of the Platform, including failure of technology or any of the communications linked to the Platform and the User and/or any of the Counterparties, or any other circumstance in which it is deemed impractical to use the Platform;
6.1.5.2. A breach of the Platform security;
6.1.5.3. A material breach by the User of their obligations under this Agreement or any other agreement with the Company (including the Account Opening Documentation);
6.1.5.4. Failure to comply with any applicable laws by the User;
6.1.5.5. Market conditions generally or conditions affecting a particular Asset or derivative rendering it necessary or desirable (at the Company’s sole discretion);
6.1.5.6. Absence of liquidity. Any such actions taken by the Company in accordance with this Section shall continue for such period of time as the Company reasonable reasonably determines to be necessary.
6.2. For the purpose of mitigating and managing potential AML/CTF risks faced by the Company and without detracting from the generality of the Company rights as expressly stipulated above, the Company reserves the right, at its sole discretion, to suspend any User’s Account and prohibit any activity including, but not limited to, withdrawals for the term of internal investigation but not more than 180 days, providing that the Company has reasonable suspicion that User’s activity (i) does not comply with the Services provided by the Company and the subject of this Agreement, and/or (ii) is fraudulent, and/or (iii) is in breach of the law, the present Agreement or the Company’s Anti-Fiat Currency Laundering and Counter-Terrorism Policies.
6.3. In order for the Company to show prices at the speed associated with speculative trading, the Company may have to rely on available prices that may later prove to be incorrect. In such cases, the Company may cancel or adjust the trade on the User’s Account, but shall do so within reasonable time and shall provide the User with a full explanation of actions taken.
6.4. The Company shall, at its sole discretion, have control over and the right to modify the functionality of the Company’s exchange and trading system’s price feeds, configurations and content, including but not limited to:
6.4.1. The parameter parameters and protocols, by which the exchange/trading orders are placed, routed, matched or otherwise processed by the Company’s exchange and trading system.
6.4.2. The availability of the Company’s exchange and trading system with respect to particular financial instruments or transactions at any particular time or location.
6.5. The Company reserves the right to deliver the Platform and to process exchange and trading orders at its sole and absolute discretion.
6.6. In case of any dispute the Company reserves the right to apply to third parties for advice and/or investigation, expertise or analysis, including, without limitation, on a fee paid basis and the Company shall retain the right to forward such costs to the User pursuant to the provisions of this Agreement.
6.7. The Company will make all possible endeavors to execute trading and exchange orders placed by the User. The User hereby understands that the Company is unable to guarantee the execution or the User’s orders or requests and that the User will not hold the Company liable for any failure in the execution process.
Appears in 1 contract
Samples: User Agreement
THE COMPANY'S RIGHTS AND OBLIGATIONS. 6.1. The User acknowledges that the Company has the following rights:
6.1.1. To reject, cancel, delete or adjust any exchange or trading order or transaction the User may place;
6.1.2. To suspend the User’s Account;
6.1.3. To correct any transactions of Users deemed necessary by the Company for the proper provision of Services under this Agreement;
6.1.4. To restrict access to, impose limits on, suspend, stop or cancel use of the Platform (including, without limitation, discontinuing the User’s use of the API) either generally or for particular Funds, transactions or Users, or to discontinue transmission of any or all information;
6.1.5. The Company may refuse to facilitate or proceed with any transactions or refuse access to the Platform at the Company’s sole discretion, as a result of any of the following:
6.1.5.1. Full or partial failure of the Platform, including failure of technology or any of the communications linked to the Platform and the User and/or any of the Counterparties, or any other circumstance in which it is deemed impractical to use the Platform;
6.1.5.2. A breach of the Platform security;
6.1.5.3. A material breach by the User of their obligations under this Agreement or any other agreement with the Company (including the Account Opening Documentation);
6.1.5.4. Failure to comply with any applicable laws by the User;
6.1.5.5. Market conditions generally or conditions affecting a particular Asset or derivative rendering it necessary or desirable (at the Company’s sole discretion);
6.1.5.6. Absence of liquidity. Any such actions taken by the Company in accordance with this Section shall continue for such period of time as the Company reasonable determines to be necessary.
6.2. For the purpose of mitigating and managing potential AML/CTF risks faced by the Company and without detracting from the generality of the Company rights as expressly stipulated above, the Company reserves the right, at its sole discretion, to suspend any User’s Account and prohibit any activity including, but not limited to, withdrawals for the term of internal investigation but not more than 180 days, providing that the Company has reasonable suspicion that User’s activity (i) does not comply with the Services provided by the Company and the subject of this Agreement, and/or (ii) is fraudulent, and/or (iii) is in breach of the law, the present Agreement or the Company’s Anti-Fiat Currency Laundering and Counter-Terrorism Policies.
6.3. In order for the Company to show prices at the speed associated with speculative trading, the Company may have to rely on available prices that may later prove to be incorrect. In such cases, the Company may cancel or adjust the trade on the User’s Account, but shall do so within reasonable time and shall provide the User with a full explanation of actions taken.
6.4. The Company shall, at its sole discretion, have control over and the right to modify the functionality of the Company’s exchange and trading system’s price feeds, configurations and content, including but not limited to:
6.4.1. The parameter and protocols, by which the exchange/trading orders are placed, routed, matched or otherwise processed by the Company’s exchange and trading system.
6.4.2. The availability of the Company’s exchange and trading system with respect to particular financial instruments or transactions at any particular time or location.
6.5. The Company reserves the right to deliver the Platform and to process exchange Services and trading orders at its sole and absolute discretion.
6.6. In case of any dispute the Company reserves the right to apply to third parties for advice and/or investigation, expertise or analysis, including, without limitation, on a fee paid basis and the Company shall retain the right to forward such costs to the User pursuant to the provisions of this Agreement.
6.7. The Company will make all possible endeavors to execute trading and exchange orders placed by the User. The User hereby understands that the Company is unable to guarantee the execution or the User’s orders or requests and that the User will not hold the Company liable for any failure in the execution process.
Appears in 1 contract
Samples: User Agreement
THE COMPANY'S RIGHTS AND OBLIGATIONS. 6.15.1. The User acknowledges that the Company has the following rights:
6.1.15.1.1. To reject, cancel, delete or adjust any exchange or trading order or transaction the User may place;
6.1.25.1.2. To suspend the User’s Account;
6.1.35.1.3. To correct any transactions of Users deemed necessary by the Company for the proper provision of Services under this Agreement;
6.1.45.1.4. To restrict access to, impose limits on, suspend, stop or cancel use of the Platform (including, without limitation, discontinuing the User’s use of the API) either generally or for particular Funds, transactions or Users, or to discontinue transmission of any or all information;
6.1.55.1.5. The Company may refuse to facilitate or proceed with any transactions or refuse access to the Platform at the Company’s sole discretion, as a result of any of the following:
6.1.5.15.1.5.1. Full or partial failure of the Platform, including failure of technology or any of the communications linked to the Platform and the User and/or any of the Counterparties, or any other circumstance in which it is deemed impractical to use the Platform;
6.1.5.25.1.5.2. A breach of the Platform security;
6.1.5.35.1.5.3. A material breach by the User of their obligations under this Agreement or any other agreement with the Company (including the Account Opening Documentation)Company;
6.1.5.45.1.5.4. Failure to comply with any applicable laws by the User;
6.1.5.5. Market conditions generally or conditions affecting a particular Asset or derivative rendering it necessary or desirable (at the Company’s sole discretion);
6.1.5.6. Absence of liquidity. ; Any such actions taken by the Company in accordance with this Section shall continue for such period of time as the Company reasonable determines to be necessary.
6.25.2. For the purpose of mitigating and managing potential AML/CTF risks faced by the Company and without detracting from the generality of the Company rights as expressly stipulated above, the Company reserves the right, at its sole discretion, to suspend any User’s Account and prohibit any activity including, but not limited to, withdrawals refunds for the term of internal investigation but not more than 180 days, providing that the Company has reasonable suspicion that User’s activity (i) does not comply with the Services provided by the Company and the subject of this Agreement, and/or (ii) is fraudulent, and/or (iii) is in breach of the law, the present Agreement or the Company’s Anti-Fiat Currency Laundering and Counter-Terrorism Policies.
6.3. In order for the Company to show prices at the speed associated with speculative trading, the Company may have to rely on available prices that may later prove to be incorrect. In such cases, the Company may cancel or adjust the trade on the User’s Account, but shall do so within reasonable time and shall provide the User with a full explanation of actions taken.
6.4. The Company shall, at its sole discretion, have control over and the right to modify the functionality of the Company’s exchange and trading system’s price feeds, configurations and content, including but not limited to:
6.4.1. The parameter and protocols, by which the exchange/trading orders are placed, routed, matched or otherwise processed by the Company’s exchange and trading system.
6.4.2. The availability of the Company’s exchange and trading system with respect to particular financial instruments or transactions at any particular time or location.
6.5. The Company reserves the right to deliver the Platform and to process exchange and trading orders at its sole and absolute discretion.
6.6. In case of any dispute the Company reserves the right to apply to third parties for advice and/or investigation, expertise or analysis, including, without limitation, on a fee paid basis and the Company shall retain the right to forward such costs to the User pursuant to the provisions of this Agreement.
6.7. The Company will make all possible endeavors to execute trading and exchange orders placed by the User. The User hereby understands that the Company is unable to guarantee the execution or the User’s orders or requests and that the User will not hold the Company liable for any failure in the execution process.and/or
Appears in 1 contract
Samples: Customer Agreement
THE COMPANY'S RIGHTS AND OBLIGATIONS. 6.1. The User acknowledges that the Company has the following rights:
6.1.1. To reject, cancel, delete or adjust any exchange or trading order or transaction the User may place;
6.1.2. To suspend the User’s Account;
6.1.3. To correct any transactions of Users deemed necessary by the Company for the proper provision of Services under this Agreement;
6.1.4. To restrict access to, impose limits on, suspend, stop or cancel use of the Platform (including, without limitation, discontinuing the User’s use of the API) either generally or for particular Funds, transactions or Users, or to discontinue transmission of any or all information;
6.1.5. The Company may refuse to facilitate or proceed with any transactions or refuse access to the Platform at the Company’s sole discretion, as a result of any of the following:
6.1.5.1. Full or partial failure of the Platform, including failure of technology or any of the communications linked to the Platform and the User and/or any of the Counterparties, or any other circumstance in which it is deemed impractical to use the Platform;
6.1.5.2. A breach of the Platform security;
6.1.5.3. A material breach by the User of their obligations under this Agreement or any other agreement with the Company (including the Account Opening Documentation);
6.1.5.4. Failure to comply with any applicable laws by the User;
6.1.5.5. Market conditions generally or conditions affecting a particular Asset or derivative rendering it necessary or desirable (at the Company’s sole discretion);
6.1.5.6. Absence of liquidity. Any such actions taken by the Company in accordance with this Section shall continue for such period of time as the Company reasonable determines to be necessary.
6.2. For the purpose of mitigating and managing potential AML/CTF risks faced by the Company and without detracting from the generality of the Company rights as expressly stipulated above, the Company reserves the right, at its sole discretion, to suspend any User’s Account and prohibit any activity including, but not limited to, withdrawals for the term of internal investigation but not more than 180 days, providing that the Company has reasonable suspicion that User’s activity (i) does not comply with the Services provided by the Company and the subject of this Agreement, 15 and/or (ii) is fraudulent, and/or (iii) is in breach of the law, the present Agreement or the Company’s Anti-Fiat Currency Laundering and Counter-Terrorism Policies.
6.3. In order for the Company to show prices at the speed associated with speculative trading, the Company may have to rely on available prices that may later prove to be incorrect. In such cases, the Company may cancel or adjust the trade on the User’s Account, but shall do so within reasonable time and shall provide the User with a full explanation of actions taken.
6.4. The Company shall, at its sole discretion, have control over and the right to modify the functionality of the Company’s exchange and trading system’s price feeds, configurations and content, including but not limited to:
6.4.1. The parameter and protocols, by which the exchange/trading orders are placed, routed, matched or otherwise processed by the Company’s exchange and trading system.
6.4.2. The availability of the Company’s exchange and trading system with respect to particular financial instruments or transactions at any particular time or location.
6.5. The Company reserves the right to deliver the Platform and to process exchange and trading orders at its sole and absolute discretion.
6.6. In case of any dispute the Company reserves the right to apply to third parties for advice and/or investigation, expertise or analysis, including, without limitation, on a fee paid basis and the Company shall retain the right to forward such costs to the User pursuant to the provisions of this Agreement.
6.7. The Company will make all possible endeavors to execute trading and exchange orders placed by the User. The User hereby understands that the Company is unable to guarantee the execution or the User’s orders or requests and that the User will not hold the Company liable for any failure in the execution process.
Appears in 1 contract
Samples: User Agreement
