ELECTRONIC TRADING SERVICE. 17.1 Electronic Trading Service: The Client understands that the Electronic Trading Service is a semi-automated facility, which enables the Client to send electronic Instruction and receive information and services. The Client agrees to use the ETS only in accordance with the terms of this Agreement. Any additional services offered through the ETS in the future shall only be used by the Client in accordance with the terms of this Agreement.
17.2 Authorized Access: The Client shall be the only authorized user of the ETS for the Client’s Account. The Client shall be responsible for the confidentiality and use of the Access Codes. The Client acknowledges and agrees that the Client shall be solely responsible for all Instruction entered through the ETS using the Access Codes and neither GTJAF nor GTJAF’s directors, officers or employees shall have any liability to the Client, or to any other person whose claim may arise through the Client, for any claims with respect to the handling, mishandling or loss of any Instruction.
17.3 Proprietary System: The Client acknowledges that the ETS is proprietary to GTJAF. The Client warrants and undertakes that the Client shall not, and shall not attempt to, tamper with, modify, de-compile, reverse engineer or otherwise alter in any way, and shall not attempt to gain unauthorized access to, any part of the ETS. The Client acknowledges that GTJAF may take legal action against the Client, if the Client at any time breaches this warranty and undertaking or if GTJAF at any time reasonably suspect that the Client has breached the same. The Client undertakes to notify GTJAF immediately if the Client becomes aware that any of the actions described above in this Clause is being perpetrated by any other person.
17.4 Responsibility to Notify Errors: The Client further acknowledges and agrees that, as a condition of using the ETS to give Instruction, the Client shall immediately notify GTJAF if:-
ELECTRONIC TRADING SERVICE. 13.1 Upon the issuance by us to you of the Login Name and Password, the Electronic Trading Service shall be activated and we will notify you.
13.2 You agree and acknowledge that:-
(a) the Electronic Trading Service shall be activated and used by you in accordance with these Terms and Conditions;
(b) you shall be the only authorized user of the Electronic Trading Service unless otherwise agreed by us;
(c) you shall be solely and personally responsible for the confidentiality and use of the Login Name and Password;
(d) you shall be solely and personally responsible for all instructions entered through the Electronic Trading Service using the Login Name and Password and any instructions so received by us shall be deemed to be made by you at the time received by us and in the form received;
(e) you shall immediately inform us if you become aware of any loss, theft or unauthorized use of your Login Name or Password;
(f) we are at liberty to suspend the Electronic Trading Service if an incorrect Login Name and Password are entered on more than 3 occasions or such occasions as prescribed by us;
(g) if you use the Electronic Trading Service, you agree to provide us with your e-mail address, promptly provide us with any changes to your e-mail address and accept electronic communications from us at the e-mail address so provided;
(h) any consent you give through the Electronic Trading Service for us to provide any notices, statements, trade confirmations and other communications to you solely via Electronic Trading Service shall be conclusive binding on you; and
(i) you are obliged to logoff the Electronic Trading Service immediately following the completion of each Electronic Trading Service session.
13.3 Upon such receipt of electronic instructions from you, we shall send an instruction acknowledgement in the form prescribed by us. You agree that your receipt of an instruction acknowledgement is not a guarantee as to your instructions will be executed. If you do not receive an instruction acknowledgement within 5 minutes following you entering instructions into the Electronic Trading Service, or if you receive an instruction acknowledgement with error, you are responsible for immediately notifying us. You further agree that non-receipt by you of the instruction acknowledgement do not necessarily mean your instructions will not be executed. In the event that you receive confirmation from us that the instructions have been executed but not in instruction acknowledge...