The Trading Platform. 5.1. The Client is hereby granted with a limited, revocable, personal, non-exclusive, nontransferable, non-sub- licensable right, throughout the term of this Agreement, to access and use the Trading Platform solely for the purpose of obtaining the Services set out in the Agreement, all in accordance with and subject to the terms of this Agreement. 5.2. The Trading Platform may contain software provided by third parties, and such third parties' software is provided “As Is” without any warranty of any kind. 5.3. From time to time, acting reasonably, the Company shall have the right to add to, modify, or remove any of the Trading Platform(s) without liability under this Agreement. The Client agree to accept such modification(s) as part of this Agreement. The Company makes no express or implied representation: 5.3.1. that the Trading Platform will be available for access all the time, or at any time on a continuous uninterrupted basis (access to the Trading Platform may be affected, for example, by routine maintenance, repairs and upgrades); 5.3.2. as to the operation, quality or functionality of the Trading Platform; 5.3.3. that the Trading Platform will be free of errors or defects; and 5.3.4. that the Trading Platform is free from viruses or anything else that has contaminating or destructive properties including where such results in loss of or corruption to the Client’s data or other property. 5.4. The User agrees not to either intentionally, recklessly, negligently or otherwise: 5.4.1. use the Trading Platform for unlawful purposes or in any manner that breaches the terms of this Agreement; 5.4.2. (nor attempt to) interfere with or disrupt the proper operation of the Trading Platform, hardware, systems or networks, including (but not limited to) knowingly or negligently transmitting files that may contain malicious content capable of interfering in any way with the operation of the Trading Platform; 5.4.3. take any action which does or may cause the provision of the Trading Platform to other users to be interrupted or degraded. 5.5. The Client accepts and understands that the Company reserves the right, in its sole discretion and without derogating from any other right it may have, to terminate or limit its access to the Trading Platform, or part of it, if the Company suspects that the Client have allowed such use of the Trading Platform. 5.6. When registering the Client shall receive the Access Codes which are confidential and should not be disclosed to any other person. 5.7. The Client shall keep in a safe place the Access Codes and shall make all necessary efforts to keep its Access Codes secret and known only to it. Also, the Client will be liable for all Orders, Positions and Transactions given through and under its Access Codes and any such Orders received by the Company will be considered as received from the Client. In cases where a third person is assigned as an Authorized Person, the Client will be responsible for all Orders given by the Authorized Person. 5.8. The Client undertakes to notify the Company immediately if it comes to its attention that its Access Codes have been discovered or disclosed or are being used by an unauthorized third party. The Company may investigate such matter, and the Client will cooperate with the Company, as the Company may request, in the course of such investigation. 5.9. The Client acknowledges that the Company bears no responsibility if unauthorized third persons have access to information, including electronic addresses, electronic communication and personal data, when the above are transmitted between the Client and the Company or any other party, using the Internet or other network, network communications protocol, communication facilities, telephone, or any other electronic means.
Appears in 3 contracts
Samples: Client Agreement, Client Agreement, Client Agreement
The Trading Platform. 5.1. The Client is hereby granted with a limited, revocable, personal, non-exclusive, nontransferable, non-sub- licensable right, throughout the term of this Agreement, to access and use the Trading Platform solely for the purpose of obtaining the Services set out in the Agreement, all in accordance with and subject to the terms of this Agreement.
5.2. The Trading Platform may contain software provided by third parties, and such third parties' software is provided “As Is” without any warranty of any kind.
5.3. From time to time, acting reasonably, the Company shall have the right to add to, modify, or remove any of the Trading Platform(s) without liability under this Agreement. The Client agree to accept such modification(s) as part of this Agreement. The Company makes no express or implied representation:
5.3.1. that the Trading Platform will be available for access all the time, or at any time on a continuous uninterrupted basis (access to the Trading Platform may be affected, for example, by routine maintenance, repairs and upgrades);
5.3.2. as to the operation, quality or functionality of the Trading Platform;
5.3.3. that the Trading Platform will be free of errors or defects; and
5.3.4. that the Trading Platform is free from viruses or anything else that has contaminating or destructive properties including where such results in loss of or corruption to the Client’s data or other property.
5.4. The User agrees not to either intentionally, recklessly, negligently or otherwise:
5.4.1. use the Trading Platform for unlawful purposes or in any manner that breaches the terms of this Agreement;
5.4.2. (nor attempt to) interfere with or disrupt the proper operation of the Trading Platform, hardware, systems or networks, including (but not limited to) knowingly or negligently transmitting files that may contain malicious content capable of interfering in any way with the operation of the Trading Platform;
5.4.3. take any action which does or may cause the provision of the Trading Platform to other users to be interrupted or degraded.
5.5. The Client accepts and understands that the Company reserves the right, in its sole discretion and without derogating from any other right it may have, to terminate or limit its access to the Trading Platform, or part of it, if the Company suspects that the Client have allowed such use of the Trading Platform.
5.6. When registering the Client shall receive the Access Codes which are confidential and should not be disclosed to any other person.
5.7. The Client shall keep in a safe place the Access Codes and shall make all necessary efforts to keep its Access Codes secret and known only to it. Also, the Client will be liable for all Orders, Positions and Transactions given through and under its Access Codes and any such Orders received by the Company will CA10042022 Tel: +00000000000 | Fax: +00000000000 | xxx.xxxxxx.xxx be considered as received from the Client. In cases where a third person is assigned as an Authorized Person, the Client will be responsible for all Orders given by the Authorized Person.
5.8. The Client undertakes to notify the Company immediately if it comes to its attention that its Access Codes have been discovered or disclosed or are being used by an unauthorized third party. The Company may investigate such matter, and the Client will cooperate with the Company, as the Company may request, in the course of such investigation.
5.9. The Client acknowledges that the Company bears no responsibility if unauthorized third persons have access to information, including electronic addresses, electronic communication and personal data, when the above are transmitted between the Client and the Company or any other party, using the Internet or other network, network communications protocol, communication facilities, telephone, or any other electronic means.
Appears in 1 contract
Samples: Client Agreement
The Trading Platform. 5.1. The Client is hereby granted with a limited, revocable, personal, non-exclusive, nontransferable, non-sub- licensable right, throughout the term of this Agreement, to access and use the Trading Platform solely for the purpose of obtaining the Services set out in the Agreement, all in accordance with and subject to the terms of this Agreement.
5.2. The Trading Platform may contain software provided by third parties, and such third parties' software is provided “As Is” without any warranty of any kind.
5.3. From time to time, acting reasonably, the Company shall have the right to add to, modify, or remove any of the Trading Platform(s) without liability under this Agreement. The Client agree to accept such modification(s) as part of this Agreement. The Company makes no express or implied representation:
5.3.1. that the Trading Platform will be available for access all the time, or at any time on a continuous uninterrupted basis (access to the Trading Platform may be affected, for example, by routine maintenance, repairs and upgrades);
5.3.2. as to the operation, quality or functionality of the Trading Platform;
5.3.3. that the Trading Platform will be free of errors or defects; and
5.3.4. that the Trading Platform is free from viruses or anything else that has contaminating or destructive properties including where such results in loss of or corruption to the Client’s data or other property.
5.4. The User agrees not to either intentionally, recklessly, negligently or otherwise:
5.4.1. use the Trading Platform for unlawful purposes or in any manner that breaches the terms of this Agreement;
5.4.2. (nor attempt to) interfere with or disrupt the proper operation of the Trading Platform, hardware, systems or networks, including (but not limited to) knowingly or negligently transmitting files that may contain malicious content capable of interfering in any way with the operation of the Trading Platform;
5.4.3. take any action which does or may cause the provision of the Trading Platform to other users to be interrupted or degraded.
5.5. The Client accepts and understands that the Company reserves the right, in its sole discretion and without derogating from any other right it may have, to terminate or limit its access to the Trading Platform, or part of it, if the Company suspects that the Client have allowed such use of the Trading Platform.
5.6. When registering the Client shall receive the Access Codes which are confidential and should not be disclosed to any other person.
5.7. The Client shall keep in a safe place the Access Codes and shall make all necessary efforts to keep its Access Codes secret and known only to it. Also, the Client will be liable for all Orders, Positions and Transactions given through and under its Access Codes and any such Orders received by the Company will CA27062021 Tel: +00000000000 | Fax: +00000000000 | xxx.xxxxxx.xxx be considered as received from the Client. In cases where a third person is assigned as an Authorized Person, the Client will be responsible for all Orders given by the Authorized Person.
5.8. The Client undertakes to notify the Company immediately if it comes to its attention that its Access Codes have been discovered or disclosed or are being used by an unauthorized third party. The Company may investigate such matter, and the Client will cooperate with the Company, as the Company may request, in the course of such investigation.
5.9. The Client acknowledges that the Company bears no responsibility if unauthorized third persons have access to information, including electronic addresses, electronic communication and personal data, when the above are transmitted between the Client and the Company or any other party, using the Internet or other network, network communications protocol, communication facilities, telephone, or any other electronic means.
Appears in 1 contract
Samples: Client Agreement