Use of the Trading Platform. 4.1. The Client agrees that he/she: a) may only use the Trading Platform for as long as he/she is authorized to do so under the terms of the license granted hereunder; b) will use the Trading Platform only for lawful purposes; c) may not use the Trading 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/her Client Account via the Trading Platform and the use of the Trading Platform (including the Access Data); e) will logout from the Trading Platform should his/her access terminal be left unattended, to prevent unauthorized access to his/her Client Account. 4.2. It is absolutely prohibited for the Client to take any of the following actions in relation to the Trading Platform(s): a) use any software, which applies artificial intelligence analysis to the Company’s systems and/or Trading Platform(s). b) intercept, monitor, damage or modify any communication which is not intended for him/her. 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 Trading 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’s computer system or Trading 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 Trading Platform(s). g) perform any action that could potentially allow the irregular or unauthorized access or use of the Trading Platform(s). h) carry out any commercial business on the Trading Platform(s), unless specifically allowed by us in writing. 4.3. Should the Company reasonably suspect that the Client has violated the terms of paragraph 4.2., it is entitled to take one or more of the counter measures of paragraph 14.2. of this Agreement. 4.4. The Client is fully responsible for providing and maintaining compatible equipment necessary to access and use the Platform, which includes at least a personal computer or mobile phone or tablet, access to mobile or optical Internet. Internet access is a very important requirement, and the Client is fully responsible for the charges necessary for an Internet connection. 4.5. The Client represents and warrants that they have installed and implemented appropriate safeguards regarding the security and integrity of their computer or mobile phone or tablet, and that they have taken appropriate measures to protect their system from computer viruses and other similar harmful or inappropriate materials, devices, information and data that could harm Our Website, Platform or other Company systems. The Client undertakes to protect the Company from unlawful transmissions of a computer virus or other similar harmful or inappropriate material on the Platform from his/her personal computer, mobile phone or tablet. 4.6. The Company will not be liable to the Client should his/her computer system or mobile phone or tablet fail, damage, destroy and/or format his/her records and data. Furthermore, if the Client incurs delays and any other form of data integrity problems that are a result of his/her hardware configuration or mismanagement, the Company shall not be liable. 4.7. The Company will not be liable for any such disruptions or delays or problem in any communication experienced by the Client when using the Trading Platform(s). 4.8. The Company agrees to hold harmless the Client from losses on his Client Account in the event that the Trading Platform is ‘hacked’, or any unauthorized 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/her Client Account is hacked or associated unauthorized use of his Access Data occurs due to his/her negligence.
Appears in 3 contracts
Samples: Client Agreement, Client Agreement, Client Agreement
Use of the Trading Platform. 4.1. The Client agrees that he/she:
a) may only use the Trading Platform for as so long as he/she is authorized authorised to do so under the terms of the license granted hereunder;
b) will use the Trading Platform only for lawful purposes;
c) may not use the Trading 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/her Client Account via the Trading Platform and the use of the Trading Platform (including the Access Data);
e) will logout from the Trading Platform should his/her access terminal be left unattended, to prevent unauthorized unauthorised access to his/her Client Account.
4.2. It is absolutely prohibited for the Client to take any of the following actions in relation to the Trading Platform(s):
a) use any software, which applies artificial intelligence analysis to the Company’s systems and/or Trading Platform(s).
b) intercept, monitor, damage or modify any communication which is not intended for him/her.
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 Trading 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’s computer system or Trading 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 Trading Platform(s).
g) perform any action that could potentially allow the irregular or unauthorized unauthorised access or use of the Trading Platform(s).
h) carry out any commercial business on the Trading Platform(s), unless specifically allowed by us in writing.
4.3. Should the Company reasonably suspect that the Client has violated the terms of paragraph 4.2., it is entitled to take one or more of the counter measures of paragraph 14.2. of this Agreement.
4.4. The Client is fully solely responsible for providing and maintaining the compatible equipment necessary to access and use the PlatformTrading Platform(s), which includes at least a personal computer or mobile phone or tablettablet (depending on the Trading Platform used), internet access by any means and telephone or other access line. Access to mobile or optical Internet. Internet access the internet is a very important requirement, an essential feature and the Client is fully shall be solely responsible for any fees necessary in order to connect to the charges necessary for an Internet connectioninternet.
4.5. The Client represents and warrants that they have he has installed and implemented appropriate safeguards regarding means of protection relating to the security and integrity of their his computer or mobile phone or tablet, tablet and that they have he has taken appropriate measures actions to protect their his system from computer viruses and or other similar harmful or inappropriate materialsmaterial, devices, information and or data that could may potentially harm Our the Website, Platform the Trading Platform(s) or other Company systemssystems of the Company. The Client further undertakes to protect the Company from unlawful any wrongful transmissions of a computer virus or other similar similarly harmful or inappropriate material on or device to the Platform Trading Platform(s) from his/her his personal computer, computer or mobile phone or tablet.
4.6. The Company will not be liable to the Client should his/her his computer system or mobile phone or tablet fail, damage, destroy and/or format his/her his records and data. Furthermore, if the Client incurs delays and any other form of data integrity problems that are a result of his/her his hardware configuration or mismanagement, the Company shall not be liable.
4.7. The Company will not be liable for any such disruptions or delays or problem in any communication experienced by the Client when using the Trading Platform(s).
4.8. The Company agrees to hold harmless the Client from losses on his Client Account in the event that the Trading Platform is ‘hacked’, or any unauthorized 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/her his Client Account is hacked or associated unauthorized unauthorised use of his Access Data occurs due to his/her his negligence.
Appears in 1 contract
Samples: Client Agreement
