Common use of Access Credentials Clause in Contracts

Access Credentials. 1. In order to access either their EBH Dashboard, or their Trading platform, Clients will need to use the appropriate access credentials. 2. The Client acknowledges and undertakes that: 2.1. the Client will be responsible for the confidentiality and use of their access credentials; 2.2. the Client will not disclose their Access credentials to persons other than its legal representa- tives for any purpose whatsoever; 2.3. EBH may rely on all instructions, orders and other communications entered using the Client’s Access Credentials, and the Client will be bound by any transaction entered into or expense incurred on its behalf in reliance on such instructions, orders and other communications; and 2.4. The Client will immediately notify EBH if the Client becomes aware of the loss, theft or disclo- sure to any Third Party or of any unauthorised use of their Access Credentials. 3. The Client shall immediately inform EBH in writing if it comes to its attention that the Access Cre- dentials and/or other access tools have been used, either for trading or other purposes, without its express consent. 4. If EBH believes that unauthorised persons are using the Client’s Access Credentials without the Cli- ent’s knowledge, EBH may, without prior notice, suspend the Client’s rights to use the Trading plat- form and Services. Furthermore, if EBH believes that the Client supplied its Access Credentials to other persons in breach of Article 10, point 2.2 above, EBH may terminate this Agreement forthwith. 5. EBH shall bear no responsibility for any loss that arises, including but not limited to financial loss, as a result of the Client’s actions, related to the security and use of their access credentials. 6. Access to the Trading platform, services or Website is provided “as is”. EBH makes no warranties, ex- press or implied representations or guarantees as to the merchantability and/or fitness for any par- ticular purpose or otherwise with respect to the Trading platforms, Services or Website, their content, any documentation or any hardware or software provided. Technical difficulties could be encountered in connection with either the Trading platform(s), trading facilities or the Website. These difficulties could involve, among other things, failures, delays, malfunction, software erosion or hardware dam- age, which could be the result of hardware, software or communication link inadequacies or other causes. Such difficulties could lead to possible economic and/or data loss. In no event will EBH, or any Associated Company, or any of the aforementioned’s employees be liable for any real or possible loss (including loss of profit or revenue whether direct or indirect), cost or damage including, without lim- itation, consequential, unforeseeable, special or indirect damages or expense which might occur as a result of accessing, installing, maintaining, modifying, de-activating, or attempting to access either the Trading platform, any trading facility, services or Website or otherwise.