Use of the Platform. 5.1. The Client agrees that he: (a) may only use the Platform for so long as he is authorised to do so under the terms of the license granted hereunder; (b) will use the Platform only for lawful purposes; (c) may not use the Platform for any purpose other than for the purpose for which it has been provided under this Client Agreement; (d) is responsible for all transactions effected on his Client Account via the Platform and the use of the Platform (including the Access Data); (e) will logout from the Platform should his access terminal be left unattended, to prevent unauthorised access to his Client Account. 5.2. It is absolutely prohibited for the Client to take any of the following actions in relation to the Platform(s): (a) Use any software, which applies artificial intelligence analysis to the Company’s systems and/or Platform(s). (b) Intercept, monitor, damage or modify any communication which is not intended for him. (c) Use any type of spider, virus, worm, Trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the Platform(s) or the communication system or any system of the Company. (d) Send any unsolicited commercial communication not permitted under applicable law or Applicable Regulations. (e) Do anything that will or may violate the integrity of the Company computer system or Platform(s) or cause such system(s) to malfunction or stop their operation. (f) Unlawfully access or attempt to gain access, reverse engineer or otherwise circumvent any security measures that the Company has applied to the Platform(s). (g) Perform any action that could potentially allow the irregular or unauthorised access or use of the Platform(s). (h) Xxxxx out any commercial business on the Platform, unless specifically allowed by us in writing. 5.3. Should the Company reasonably suspect that the Client has violated the terms of paragraph 5.2., it is entitled to take one or more of the counter measures of paragraph 14.2. of this Client Agreement. 5.4. The Client is solely responsible for providing and maintaining the compatible equipment necessary to access and use the Platform(s), which includes at least a personal computer or mobile phone or tablet (depending on the Platform used), internet access by any means and telephone or other access line. Access to the internet is an essential feature and the Client shall be solely responsible for any fees necessary in order to connect to the internet. 5.5. The Client represents and warrants that he has installed and implemented appropriate means of protection relating to the security and integrity of his computer or mobile phone or tablet and that he has taken appropriate actions to protect his system from computer viruses or other similar harmful or inappropriate materials, devices, information or data that may potentially harm the Website, the Platform(s) or other systems of the Company. The Client further undertakes to protect the Company from any wrongful transmissions of computer virus or other similarly harmful or inappropriate material or device to the Platform(s) from his personal computer or mobile phone or tablet. 5.6. The Company makes no express or implied representations: (a) that the Platform will be available for access all the time, or at any time on a continuous uninterrupted basis. Access to the Platform may be affected, for example, by routine maintenance, repairs, reconfigurations or upgrades; (b) as to the operation, quality or functionality of the Platform; (c) that the Platform will be free of errors or defects; (d) that the Platform is free from viruses or anything else that has contaminating or destructive properties including where such results in loss of or corruption to Client data or other property. 5.7. The Company will not be liable to the Client should his computer system or mobile phone or tablet fail, damage, destroy and/or format his records and data. Furthermore, if the Client incurs delays and any other form of data integrity problems that are a result of his hardware configuration or mismanagement, the Company shall not be liable. 5.8. The Company will not be liable for any such disruptions or delays or problem in any communication experienced by the Client when using the Platform(s). 5.9. The Company agrees to hold harmless the Client from losses on his Client Account in the event that the Platform is ‘hacked’, or any unauthorised use of a Client Account’s Access Data occurs which is due to the negligence of the Company. Likewise, the Client shall hold harmless the Company from losses in the event that his Client Account is hacked or associated unauthorised use of his Access Data occurs due to his negligence.
Appears in 6 contracts
Samples: Client Agreement, Client Agreement, Client Agreement
Use of the Platform. 5.1. The Client Clients agrees that hethey:
(a) may only use the Platform for so long as he is they are authorised to do so under the terms of the license licence granted hereunder;
(b) will use the Platform only for lawful purposes;
(c) may not use the Platform for any purpose other than for the purpose for which it has been provided under this Client Agreement;
(d) is responsible for all transactions effected on his their Client Account via the Platform and the use of the Platform (including the Access Data);; and
(e) will logout from the Platform should his their access terminal be left unattended, to prevent unauthorised access to his their Client Account.
5.2. It is absolutely prohibited for the Client to take any of the following actions in relation to the Platform(s):
(a) Use any software, which applies artificial intelligence analysis to the Company’s systems and/or Platform(s).
(b) Intercept, monitor, damage or modify any communication which is not intended for himthem.
(c) Use any type of spider, virus, worm, Trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the Platform(s) or the communication system or any system of the Company.
(d) Send any unsolicited commercial communication not permitted under applicable law or Applicable Regulations.
(e) Do anything that will or may violate the integrity of the Company computer system or Platform(s) or cause such system(s) to malfunction or stop their operation.
(f) Unlawfully access or attempt to gain access, reverse engineer or otherwise circumvent any security measures that the Company has applied to the Platform(s).
(g) Perform any action that could potentially allow the irregular or unauthorised access or use of the Platform(s).
(h) Xxxxx Carry out any commercial business on the Platform, unless specifically allowed by us in writing.
5.3. Should the Company reasonably suspect that the Client has violated the terms of paragraph clause 5.2., it is entitled to take one or more of the counter measures of paragraph 14.2. clause 14.2 of this Client Agreement.
5.4. The Client is solely responsible for providing and maintaining the compatible equipment necessary to access and use the Platform(s), which includes at least a personal computer or mobile phone or tablet (depending on the Platform used), internet access by any means and telephone or other access line. Access to the internet is an essential feature and the Client shall be solely responsible for any fees necessary in order to connect to the internet.
5.5. The Client represents and warrants that he has they have installed and implemented appropriate means of protection relating to the security and integrity of his their computer or mobile phone or tablet and that he has they have taken appropriate actions to protect his their system from computer viruses or other similar harmful or inappropriate materials, devices, information or data that may potentially harm the Website, the Platform(s) or other systems of the Company. The Client further undertakes to protect the Company from any wrongful transmissions of computer virus or other similarly harmful or inappropriate material or device to the Platform(s) from his their personal computer or mobile phone or tablet.
5.6. The Company makes no express or implied representations:
(a) that the Platform will be available for access all the time, or at any time on a continuous uninterrupted basis. Access to the Platform may be affected, for example, by routine maintenance, repairs, reconfigurations or upgrades;
(b) as to the operation, quality or functionality of the Platform;
(c) that the Platform will be free of errors or defects;; or
(d) that the Platform is free from viruses or anything else that has contaminating or destructive properties including where such results in loss of or corruption to Client data or other property.
5.7. The Company will not be liable to the Client should his their computer system or mobile phone or tablet fail, damage, destroy and/or format his their records and data. Furthermore, if the Client incurs delays and any other form of data integrity problems that are a result of his their hardware configuration or mismanagement, the Company shall not be liable.
5.8. The Company will not be liable for any such disruptions or delays or problem in any communication experienced by the Client when using the Platform(s).
5.9. The Company agrees to hold harmless the Client from losses on his their Client Account in the event that the Platform is ‘hacked’, or any unauthorised use of a Client Account’s Access Data occurs which is due to the negligence of the Company. Likewise, the Client shall hold harmless the Company from losses in the event that his their Client Account is hacked or associated unauthorised use of his their Access Data occurs due to his their negligence.
Appears in 2 contracts
Samples: Client Agreement, Client Agreement
Use of the Platform. 5.11. The Client agrees that hethe:
(a) may only use the Platform for so long as he is authorised authorized to do so under the terms of the license granted hereunderhere under;
(b) will use the Platform only for lawful purposes;
(c) may not use the Platform for any purpose other than for the purpose for which it has been provided under this Client Agreement;
(d) is responsible for all transactions effected on his Client Account via the Platform and the use of the Platform (including the Access Data);
(e) will logout from the Platform should his access terminal be left unattended, to prevent unauthorised unauthorized access to his Client Account.
5.22. It is absolutely prohibited for the Client to take any of the following actions in relation to the Platform(s):
(a) Use any software, which applies artificial intelligence analysis to the Company’s systems and/or Platform(s).
(b) Intercept, monitor, damage or modify any communication which is not intended for him.
(c) Use any type of spider, virus, worm, Trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the Platform(s) or the communication system or any system of the Company.
(d) Send any unsolicited commercial communication not permitted under applicable law or Applicable Regulationslaws.
(e) Do anything that will or may violate the integrity of the Company computer system or Platform(s) or cause such system(s) to malfunction or stop their operation.
(f) Unlawfully access or attempt to gain access, reverse engineer or otherwise circumvent any security measures that the Company has applied to the Platform(s).
(g) Perform any action that could potentially allow the irregular or unauthorised unauthorized access or use of the Platform(s).
(h) Xxxxx out any commercial business on the Platform, Platform ,unless specifically allowed by us in writing.
5.33. Should the Company reasonably suspect that the Client has violated the terms of paragraph 5.2., it is entitled to take one or more of the counter measures of paragraph 14.2. of this Client Agreement.
5.4. The Client is solely responsible for providing and maintaining the compatible equipment necessary to access and use the Platform(s), which includes at least a personal computer or mobile phone or tablet (depending on the Platform used), internet access by any means and telephone or other access line. Access to the internet is an essential feature and the Client shall be solely responsible for any fees necessary in order to connect to the internet.
5.5. The Client represents and warrants that he has installed and implemented appropriate means of protection relating to the security and integrity of his computer or mobile phone or tablet and that he has taken appropriate actions to protect his system from computer viruses or other similar harmful or inappropriate materials, devices, information or data that may potentially harm the Website, the Platform(s) or other systems of the Company. The Client further undertakes to protect the Company from any wrongful transmissions of computer virus or other similarly harmful or inappropriate material or device to the Platform(s) from his personal computer or mobile phone or tablet.
5.6. The Company makes no express or implied representations:
(a) that the Platform will be available for access all the time, or at any time on a continuous uninterrupted basis. Access to the Platform may be affected, for example, by routine maintenance, repairs, reconfigurations or upgrades;
(b) as to the operation, quality or functionality of the Platform;
(c) that the Platform will be free of errors or defects;
(d) that the Platform is free from viruses or anything else that has contaminating or destructive properties including where such results in loss of or corruption to Client data or other property.
5.7. The Company will not be liable to the Client should his computer system or mobile phone or tablet fail, damage, destroy and/or format his records and data. Furthermore, if the Client incurs delays and any other form of data integrity problems that are a result of his hardware configuration or mismanagement, the Company shall not be liable.
5.8. The Company will not be liable for any such disruptions or delays or problem in any communication experienced by the Client when using the Platform(s).
5.9. The Company agrees to hold harmless the Client from losses on his Client Account in the event that the Platform is ‘hacked’, or any unauthorised use of a Client Account’s Access Data occurs which is due to the negligence of the Company. Likewise, the Client shall hold harmless the Company from losses in the event that his Client Account is hacked or associated unauthorised use of his Access Data occurs due to his negligence.paragraph
Appears in 1 contract
Samples: Client Agreement
Use of the Platform. 5.11. The Client agrees that hethe:
(a) may only use the Platform for so long as he is authorised authorized to do so under the terms of the license granted hereunderhere under;
(b) will use the Platform only for lawful purposes;
(c) may not use the Platform for any purpose other than for the purpose for which it has been provided under this Client Agreement;
(d) is responsible for all transactions effected on his Client Account via the Platform and thePlatformand the use of the Platform (including the Access Data);
(e) will logout from the Platform should his access terminal be left unattended, to prevent unauthorised unauthorized access to his Client Account.
5.22. It is absolutely prohibited for the Client to take any of the following actions in relation to the Platform(s):
(a) Use any software, which applies artificial intelligence analysis to the Company’s systems and/or Platform(s).
(b) Intercept, monitor, damage or modify any communication which is not intended for him.
(c) Use any type of spider, virus, worm, Trojan-horse, time bomb or any other anyother codes or instructions that are designed to distort, delete, damage or disassemble the Platform(s) or the communication system or any system of the CompanytheCompany.
(d) Send any unsolicited commercial communication not permitted under applicable law or Applicable Regulationslaws.
(e) Do anything that will or may violate the integrity of the Company computer system or Platform(s) or cause such system(s) to malfunction or stop their operation.
(f) Unlawfully access or attempt to gain access, reverse engineer or otherwise circumvent any security measures that the Company has applied to the Platform(s).
(g) Perform any action that could potentially allow the irregular or unauthorised unauthorized access or use of the Platform(s).
(h) Xxxxx out any commercial business on the Platform, Platform ,unless specifically allowed by us in writing.
5.33. Should the Company reasonably suspect that the Client has violated the terms of paragraph 5.2., it is entitled to take one or more of the counter measures of paragraph 14.2. of this Client thisClient Agreement.
5.44. The Client is solely responsible for providing and maintaining the compatible equipment necessary to access and use the Platform(s), which includes at least a personal computer or mobile phone or tablet (depending on the Platform used), internet access by any means and telephone or other access line. Access to the internet is an essential feature and the Client shall be solely responsible for any fees necessary in order to connect to the internet.
5.55. The Client represents and warrants that he has installed and implemented appropriate means of protection relating to the security and integrity of his computer or mobile phone or tablet and that he has taken appropriate actions to protect his system from computer viruses or other similar harmful or inappropriate materials, devices, information or data that may potentially harm the Website, the Platform(s) or other systems of the Company. The Client further undertakes to protect the Company from any wrongful transmissions of computer virus or other similarly harmful or inappropriate material or device to the Platform(s) from his personal computer or mobile phone or tabletortablet.
5.66. The Company makes no express or implied representations:
(a) that the Platform will be available for access all the time, or at any time on a continuous uninterrupted basis. Access to the Platform may be affected, for example, by routine maintenance, repairs, reconfigurations or upgrades;
(b) as to the operation, quality or functionality of the PlatformthePlatform;
(c) that the Platform will be free of errors or defects;
(d) that the Platform is free from viruses or anything else that has contaminating or destructive properties including where such results in loss of or corruption to Client data or other propertyotherproperty.
5.77. The Company will not be liable to the Client should his computer system or mobile phone or tablet fail, damage, destroy and/or format his records and data. Furthermore, if the Client incurs delays and any other form of data integrity problems that are a result of his hardware configuration or mismanagement, the Company shall not be liablebeliable.
5.88. The Company will not be liable for any such disruptions or delays or problem in any communication experienced by the Client when using the Platform(s).
5.99. The Company agrees to hold harmless the Client from losses on his Client Account in the event that the Platform is ‘hacked’, or any unauthorised unauthorized a use of a Client Account’s Access Data occurs which is due to the negligence of the Company. Likewise, the Client shall hold harmless the Company from losses in the event that his Client Account is hacked or associated unauthorised unauthorized use of his Access Data occurs due to his negligence.
Appears in 1 contract
Samples: Client Agreement
Use of the Platform. 5.1. The Client agrees that he:
(a) may only use the Platform for so long as he is authorised to do so under the terms of the license granted hereunder;
(b) will use the Platform only for lawful purposes;
(c) may not use the Platform for any purpose other than for the purpose for which it has been provided under this Client Agreement;
(d) is responsible for all transactions effected on his Client Account via the Platform and the use of the Platform (including the Access Data);
; (e) will logout from the Platform should his access terminal be left unattended, to prevent unauthorised access to his Client Account.
5.2. It is absolutely prohibited for the Client to take any of the following actions in relation to the Platform(s):
(a) Use any software, which applies artificial intelligence analysis to the Company’s systems and/or Platform(s).
(b) Intercept, monitor, damage or modify any communication which is not intended for him.
(c) Use any type of spider, virus, worm, Trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the Platform(s) or the communication system or any system of the Company.
(d) Send any unsolicited commercial communication not permitted under applicable law or Applicable Regulations.
(e) Do anything that will or may violate the integrity of the Company computer system or Platform(s) or cause such system(s) to malfunction or stop their operation.
(f) Unlawfully access or attempt to gain access, reverse engineer or otherwise circumvent any security measures that the Company has applied to the Platform(s).
(g) Perform any action that could potentially allow the irregular or unauthorised access or use of the Platform(s).
(h) Xxxxx out any commercial business on the Platform, unless specifically allowed by us in writing.
5.3. Should the Company reasonably suspect that the Client has violated the terms of paragraph 5.2., it is entitled to take one or more of the counter measures of paragraph 14.2. of this Client Agreement.
5.4. The Client is solely responsible for providing and maintaining the compatible equipment necessary to access and use the Platform(s), which includes at least a personal computer or mobile phone or tablet (depending on the Platform used), internet access by any means and telephone or other access line. Access to the internet is an essential feature and the Client shall be solely responsible for any fees necessary in order to connect to the internet.
5.5. The Client represents and warrants that he has installed and implemented appropriate means of protection relating to the security and integrity of his computer or mobile phone or tablet and that he has taken appropriate actions to protect his system from computer viruses or other similar harmful or inappropriate materials, devices, information or data that may potentially harm the Website, the Platform(s) or other systems of the Company. The Client further undertakes to protect the Company from any wrongful transmissions of computer virus or other similarly harmful or inappropriate material or device to the Platform(s) from his personal computer or mobile phone or tablet.
5.6. The Company makes no express or implied representations:
(a) that the Platform will be available for access all the time, or at any time on a continuous uninterrupted basis. Access to the Platform may be affected, for example, by routine maintenance, repairs, reconfigurations or upgrades;
(b) as to the operation, quality or functionality of the Platform;
(c) that the Platform will be free of errors or defects;
(d) that the Platform is free from viruses or anything else that has contaminating or destructive properties including where such results in loss of or corruption to Client data or other property.
5.7. The Company will not be liable to the Client should his computer system or mobile phone or tablet fail, damage, destroy and/or format his records and data. Furthermore, if the Client incurs delays and any other form of data integrity problems that are a result of his hardware configuration or mismanagement, the Company shall not be liable.
5.85.7. The Company will not be liable for any such disruptions or delays or problem in any communication experienced by the Client when using the Platform(s).
5.95.8. The Company agrees to hold harmless the Client from losses on his Client Account in the event that the Platform is ‘hacked’, or any unauthorised use of a Client Account’s Access Data occurs which is due to the negligence of the Company. Likewise, the Client shall hold harmless the Company from losses in the event that his Client Account is hacked or associated unauthorised use of his Access Data occurs due to his negligence.
Appears in 1 contract
Samples: Client Agreement
Use of the Platform. 5.1. The Client Clients agrees that hethey:
(a) may only use the Platform for so long as he is they are authorised to do so under the terms of the license licence granted hereunder;
(b) will use the Platform only for lawful purposes;
(c) may not use the Platform for any purpose other than for the purpose for which it has been provided under this Client Agreement;
(d) is responsible for all transactions effected on his their Client Account via the Platform and the use of the Platform (including the Access Data);; and
(e) will logout from the Platform should his their access terminal be left unattended, to prevent unauthorised access to his their Client Account.
5.2. It is absolutely prohibited for the Client to take any of the following actions in relation to the Platform(s):
(a) Use any software, which applies artificial intelligence analysis to the Company’s systems and/or Platform(s).
(b) Intercept, monitor, damage or modify any communication which is not intended for himthem.
(c) Use any type of spider, virus, worm, Trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the Platform(s) or the communication system or any system of the Company.
(d) Send any unsolicited commercial communication not permitted under applicable law or Applicable Regulations.
(e) Do anything that will or may violate the integrity of the Company computer system or Platform(s) or cause such system(s) to malfunction or stop their operation.
(f) Unlawfully access or attempt to gain access, reverse engineer or otherwise circumvent any security measures that the Company has applied to the Platform(s).
(g) Perform any action that could potentially allow the irregular or unauthorised access or use of the Platform(s).
(h) Xxxxx Carry out any commercial business on the Platform, unless specifically allowed by us in writing.
5.3. Should the Company reasonably suspect that the Client has violated the terms of paragraph clause 5.2., it is entitled to take one or more of the counter measures of paragraph 14.2. clause 14.2 of this Client Agreement.
5.4. The Client is solely responsible for providing and maintaining the compatible equipment necessary to access and use the Platform(sPlatf orm(s), which includes at least a personal computer or mobile phone or tablet (depending on the Platform used), internet access by any means and telephone or other access line. Access to the internet is an essential feature and the Client shall be solely responsible for any fees necessary in order to connect to the internet.
5.5. The Client represents and warrants that he has they have installed and implemented appropriate means of protection relating to the security and integrity of his their computer or mobile phone or tablet and that he has they have taken appropriate actions to protect his their system from computer viruses or other similar harmful or inappropriate materials, devices, information or data that may potentially harm the Website, the Platform(s) or other systems of the Company. The Client further undertakes to protect the Company from any wrongful transmissions of computer virus or other similarly harmful or inappropriate material or device to the Platform(s) from his their personal computer or mobile phone or tablet.
5.6. The Company makes no express or implied representations:
(a) that the Platform will be available for access all the time, or at any time on a continuous uninterrupted basis. Access to the Platform may be affected, for example, by routine maintenance, repairs, reconfigurations or upgrades;
(b) as to the operation, quality or functionality of the Platform;
(c) that the Platform will be free of errors or defects;; or
(d) that the Platform is free from viruses or anything else that has contaminating or destructive properties including where such results in loss of or corruption to Client data or other property.
5.7. The Company will not be liable to the Client should his their computer system or mobile phone or tablet fail, damage, destroy and/or format his their records and data. Furthermore, if the Client incurs delays and any other form of data integrity problems that are a result of his their hardware configuration or mismanagement, the Company shall not be liable.
5.8. The Company will not be liable for any such disruptions or delays or problem in any communication experienced by the Client when using the Platform(s).
5.9. The Company agrees to hold harmless the Client from losses on his their Client Account in the event that the Platform is ‘hacked’, or any unauthorised use of a Client Account’s Access Data occurs which is due to the negligence of the Company. Likewise, the Client shall hold harmless the Company from losses in the event that his their Client Account is hacked or associated unauthorised use of his their Access Data occurs due to his their negligence.
Appears in 1 contract
Samples: Client Agreement
Use of the Platform. 5.1. The Client agrees that he:
(a) may only use the Platform for so long as he is authorised to do so under the terms of the license granted hereunder;
(b) will use the Platform only for lawful purposes;
(c) may not use the Platform for any purpose other than for the purpose for which it has been provided under this Client Agreement;
(d) is responsible for all transactions effected on his Client Account via the Platform and the use of the Platform (including the Access DataAccessData);
(e) will logout from the Platform should his access terminal be left unattended, to prevent unauthorised access to his Client AccountClientAccount.
5.2. It is absolutely prohibited for the Client to take any of the following actions in relation to the Platform(s):
(a) Use any software, which applies artificial intelligence analysis to the Company’s systems and/or Platform(s).
(b) Intercept, monitor, damage or modify any communication which is not intended for him.
(c) Use any type of spider, virus, worm, Trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the Platform(s) or the communication system or any system of the Company.
(d) Send any unsolicited commercial communication not permitted under applicable law or Applicable Regulations.
(e) Do anything that will or may violate the integrity of the Company computer system or Platform(s) or cause such system(s) to malfunction or stop their operation.
(f) Unlawfully access or attempt to gain access, reverse engineer or otherwise circumvent any security measures that the Company has applied to the Platform(s).
(g) Perform any action that could potentially allow the irregular or unauthorised access or use of the Platform(s).
(h) Xxxxx out any commercial business on the Platform, unless specifically allowed by us in writing.
5.3. Should the Company reasonably suspect that the Client has violated the terms of paragraph 5.2., it is entitled to take one or more of the counter measures of paragraph 14.2. of this Client Agreement.
5.4. The Client is solely responsible for providing and maintaining the compatible equipment necessary to access and use the Platform(s), which includes at least a personal computer or mobile phone or tablet (depending on the Platform used), internet access by any means and telephone or other access line. Access to the internet is an essential feature and the Client shall be solely responsible for any fees necessary in order to connect to the internet.
5.5. The Client represents and warrants that he has installed and implemented appropriate means of protection relating to the security and integrity of his computer or mobile phone or tablet and that he has taken appropriate actions to protect his system from computer viruses or other similar harmful or inappropriate materials, devices, information or data that may potentially harm the Website, the Platform(s) or other systems of the Company. The Client further undertakes to protect the Company from any wrongful transmissions of computer virus or other similarly harmful or inappropriate material or device to the Platform(s) from his personal computer or mobile phone or tablet.
5.6. The Company makes no express or implied representations:
(a) that the Platform will be available for access all the time, or at any time on a continuous uninterrupted basis. Access to the Platform may be affected, for example, by routine maintenance, repairs, reconfigurations or upgrades;
(b) as to the operation, quality or functionality of the Platform;
(c) that the Platform will be free of errors or defects;
(d) that the Platform is free from viruses or anything else that has contaminating or destructive properties including where such results in loss of or corruption to Client data or other property.
5.7. The Company will not be liable to the Client should his computer system or mobile phone or tablet fail, damage, destroy and/or format his records and data. Furthermore, if the Client incurs delays and any other form of data integrity problems that are a result of his hardware configuration or mismanagement, the Company shall not be liable.
5.8. The Company will not be liable for any such disruptions or delays or problem in any communication experienced by the Client when using the Platform(s).
5.9. The Company agrees to hold harmless the Client from losses on his Client Account in the event that the Platform is ‘hacked’, or any unauthorised use of a Client Account’s Access Data occurs which is due to the negligence of the Company. Likewise, the Client shall hold harmless the Company from losses in the event that his Client Account is hacked or associated unauthorised use of his Access Data occurs due to his negligence.
Appears in 1 contract
Samples: Client Agreement
Use of the Platform. 5.11. The Client agrees that hethathe:
(a) may only use the Platform for so long as he is authorised to do so under the terms of the license granted hereundergrantedhereunder;
(b) will use the Platform only for lawful purposes;
(c) may not use the Platform for any purpose other than for the purpose thepurpose for which it has been provided under this Client AgreementClientAgreement;
(d) is responsible for all transactions effected on his Client Account ClientAccount via the Platform and the use of the Platform (including the Access theAccess Data);
(e) will logout from the Platform should his access terminal be left unattended, to prevent unauthorised access to his Client AccountClientAccount.
5.20. It Xx is absolutely prohibited for the Client to take any of the following actions in relation to the Platform(sthePlatform(s):
(a) Use any software, which applies artificial intelligence analysis to the Company’s systems and/or Platform(sand/orPlatform(s).
(b) Intercept, monitor, damage or modify any communication which is whichis not intended for himforhim.
(c) Use any type of spider, virus, worm, Trojan-horse, time bomb or any orany other codes or instructions that are designed to distort, ,delete, damage or disassemble the Platform(s) or the communication system or any system of the Company.
(d) Send any unsolicited commercial communication not permitted under applicable law or Applicable RegulationsorApplicablelaws.
(e) Do anything that will or may violate the integrity of the Company computer system or Platform(s) or cause such system(s) to malfunction or stop their operationtheiroperation.
(f) Unlawfully access or attempt to gain access, reverse engineer or otherwise circumvent any security measures that the Company has applied to the Platform(s).
(g) Perform any action that could potentially allow the irregular or unauthorised access or use of the Platform(sthePlatform(s).
(h) Xxxxx out any commercial business on the Platform, ,unless specifically allowed by us in writinginwriting.
5.33. Should the Company reasonably suspect that the Client has violated the terms of paragraph 5.2., it is entitled to take one or more of the counter measures of paragraph 14.2. of this Client AgreementClientAgreement.
5.44. The Client is solely responsible for providing and maintaining the compatible equipment necessary to access and use the Platform(s), which includes at least a personal computer or mobile phone or tablet (depending on the Platform used), internet access by any means and telephone or other access line. Access to the internet is an essential feature and the Client shall be solely responsible for any fees necessary in order to connect to the internet.
5.55. The Client represents and warrants that he has installed and implemented appropriate means of protection relating to the security and integrity of his computer or mobile phone or tablet and that he has taken appropriate actions to protect his system from computer viruses or other similar harmful or inappropriate materials, devices, information or data that may potentially harm the Website, the Platform(s) or other systems of the Company. The Client further undertakes to protect the Company from any wrongful transmissions of computer virus or other similarly harmful or inappropriate material or device to the Platform(s) from his personal computer or mobile phone or tablet.
5.66. The Company makes no express or implied representationsimpliedrepresentations:
(a) that the Platform will be available for access all the time, or at any time on a continuous uninterrupted basis. Access to the Platform may be affected, for example, by routine maintenance, repairs, reconfigurations or upgrades;
(b) as to the operation, quality or functionality of the Platform;
(c) that the Platform will be free of errors or defectserrorsordefects;
(d) that the Platform is free from viruses or anything else that has contaminating or destructive properties including where such results in loss of or corruption to Client data or other property.
5.77. The Company will not be liable to the Client should his computer system or mobile phone or tablet fail, damage, destroy and/or format his records and data. Furthermore, if the Client incurs delays and any other form of data integrity problems that are a result of his hardware configuration or mismanagement, the Company shall not be liablebeliable.
5.88. The Company will not be liable for any such disruptions or delays or problem in any communication experienced by the Client when using the Platform(s).
5.99. The Company agrees to hold harmless the Client from losses on his Client Account in the event that the Platform is ‘hacked’, or any unauthorised a use of a Client Account’s Access Data occurs which is due to the negligence of the Company. Likewise, the Client shall hold harmless the Company from losses in the event that his Client Account is hacked or associated unauthorised use of his Access Data occurs due to his negligencehisnegligence.
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Samples: Client Agreement