INSTRUCTIONS AND OTHER COMMUNICATIONS. 10.1 You may give instructions (including orders) to enter into a Contract via the online dealing software provided to you by us or by phone. 10.2 Any communication which is not an instruction to enter into a Contract must be given by you, or on your behalf, orally, by telephone or in writing, by e-mail, post, fax, or in such other manner as we may specify from time to time, and, if sent to us by post or by fax, must be sent to our head office, and, if sent by e-mail, must be sent to an e-mail address currently designated by us for that particular purpose. Any such communication will only be deemed to have been received by us upon our actual receipt thereof. 10.3 If we receive an instruction to enter into a Contract other than in accordance with Term 10.1, we shall only accept and act upon such instruction at our absolute discretion and shall not be responsible for any loss, damage or cost which you suffer or incur arising out of any error, delay or omission in acting upon such instruction. 10.4 If at any time you are unable, for whatever reason, to communicate with us, we do not receive any communication sent by you or you do not receive any communication sent by us under this Agreement, we shall not be responsible for any loss, damage or cost caused to you by any act, delay or omission resulting therefrom, where such loss, damage or cost is a result of your inability to enter into a Contract which would create a position held by you. We shall not, except where your inability to instruct us or communicate with us results from our fraud, willful default or gross negligence, be responsible for any other loss, damage or cost caused to you by any act, error, omission or delay resulting therefrom including without limitation, where such loss, damage or cost is a result of your inability to enter into a Contract which would close out a position held by you. 10.5 You acknowledge and agree that any instruction or communication transmitted by you or on your behalf is made at your risk and you authorise us to rely and act on, and treat as fully authorised and binding upon you, any instruction which we believe in good faith to have been given by you. You acknowledge that we will rely on your account number and/or password to identify you and agree that you will not disclose these details to any person who is not duly authorised by you. 10.6 You understand and agree that any telephone conversation with us will or may be recorded for accuracy and you consent to such recordings will be our sole property and you accept that they shall constitute evidence of the instructions given. 10.7 You agree that in the event of a dispute over any instruction (including a dispute as to whether you have entered into a Contract), we may close out the actual/alleged Contract, which is the subject of the dispute in accordance with Term 18.2. 10.8 We will confirm each Contract which you enter into. (a) If you enter into a Contract with us via the online dealing software provided to you by us or in such other manner as we may specify from time to time, a confirmation will be e-mailed to you on the business day following the day upon which the Contract is entered into. (b) You will, in the absence of manifest error, be bound by and deemed to have acknowledged the content of any confirmation provided to you unless you have notified us to the contrary in writing within two business days of the day on which you are deemed to have received the confirmation in accordance with Term 10.10 below (in the case of other confirmations). In the event that you think that you have opened or closed a Contract but we have not sent you a confirmation in respect of that Contract, any query in relation to the purported Contract will not be entertained unless: (i) you inform us within two business days of the day on which you ought to have received such confirmation that you have not received it; and (ii) you can provide accurate details of the time and date of the purported Contract. (c) We will provide you with a statement of your account on a monthly basis. (d) You acknowledge and accept that all your confirmations and monthly statements will be e-mailed to your introducing broker and/or your introducing agent. 10.9 We may communicate with you by e-mail and you consent to our corresponding with you by e-mail at any time whatsoever. 10.10 Any correspondence, document, written notice, confirmation or statement will be deemed to have been properly given if sent by e-mail, one hour after we have transmitted them to any e-mail address last notified by you to us. 10.11 It is your responsibility to ensure that we are notified of your current and correct address and contact details. Any change to your address or contact details must be notified to us immediately in writing unless we agree to another form of communication. We may, at our absolute discretion, agree to accept a change of address or contact details orally. 10.12 In the event of a failure or delay to receive any communication from us sent by e-mail to you, as no electronic system is entirely reliable or always available, you accept that we are not liable to you for any loss or damage, howsoever caused, arising directly or indirectly out of a failure or delay by you to receive an e-mail. Further, you understand and accept that e-mails we send to you are not encrypted and therefore are not secure. 10.13 We are authorized by you without any further authority or notice to act upon your instructions given or purporting to be given (a) In accordance with the aforesaid, you indemnify us and keep us indemnified, on demand against all losses, costs, damages, claims, demands and expenses which we or you incur or sustain through our acting or failing to act upon any such faxed instructions whether or not: (i) such faxed instructions are made or transmitted without your authority; or (ii) such losses and other matters mentioned above arise directly or indirectly from any operational failure or fault or any error however occurring in the course of the transmission of the faxed instructions whether relating to equipment belonging to us, to you or any other party. (b) All faxed instructions shall be subject to and treated in accordance with the Terms of this Agreement and you acknowledge that instructions to enter into a Contract will not be accepted by fax, in accordance with Term 10.1 and 10.3. (c) We will be entitled but not bound to act on faxed instructions received in accordance with this Term. (d) You agree and acknowledge that the pages printed by our facsimile machines shall be conclusive evidence of such faxed instructions and this authority and indemnity shall not be prejudiced by any confirmation or other communication relating to such faxed instructions or by the absence thereof.
Appears in 1 contract
Sources: Foreign Exchange Customer Agreement
INSTRUCTIONS AND OTHER COMMUNICATIONS. 10.1 You may give instructions (including orders) to enter into a Contract via the online dealing software provided to you by us or by phone.
10.2 Any communication which is not an instruction to enter into a Contract must be given by you, or on your behalf, orally, by telephone or in writing, by e-mail, post, fax, or in such other manner as we may specify from time to time, and, if sent to us by post or by fax, must be sent to our head office, and, if sent by e-mail, must be sent to an e-mail address currently designated by us for that particular purpose. Any such communication will only be deemed to have been received by us upon our actual receipt thereof.
10.3 If we receive an instruction to enter into a Contract other than in accordance with Term 10.1, we shall only accept and act upon such instruction at our absolute discretion and shall not be responsible for any loss, damage or cost which you suffer or incur arising out of any error, delay or omission in acting upon such instruction.
10.4 If at any time you are unable, for whatever reason, to communicate with us, we do not receive any communication sent by you or you do not receive any communication sent by us under this Agreement, we shall not be responsible for any loss, damage or cost caused to you by any act, delay or omission resulting therefrom, where such loss, damage or cost is a result of your inability to enter into a Contract which would create a position held by you. We shall not, except where your inability to instruct us or communicate with us results from our fraud, willful default or gross negligence, be responsible for any other loss, damage or cost caused to you by any act, error, omission or delay resulting therefrom including without limitation, where such loss, damage or cost is a result of your inability to enter into a Contract which would close out a position held by you.
10.5 You acknowledge and agree that any instruction or communication transmitted by you or on your behalf is made at your risk and you authorise us to rely and act on, and treat as fully authorised and binding upon you, any instruction which we believe in good faith to have been given by you. You acknowledge that we will rely on your account number and/or password to identify you and agree that you will not disclose these details to any person who is not duly authorised by you.
10.6 You understand and agree that any telephone conversation with us will or may be recorded for accuracy and you consent to such recordings will be our sole property and you accept that they shall constitute evidence of the instructions given.
10.7 You agree that in the event of a dispute over any instruction (including a dispute as to whether you have entered into a Contract), we may close out the actual/alleged Contract, which is the subject of the dispute in accordance with Term 18.2.
10.8 We will confirm each Contract which you enter into.
(a) If you enter into a Contract with us via the online dealing software provided to you by us or in such other manner as we may specify from time to time, a confirmation will be e-mailed to you on the business day following the day upon which the Contract is entered into.
(b) You will, in the absence of manifest error, be bound by and deemed to have acknowledged the content of any confirmation provided to you unless you have notified us to the contrary in writing within two business days of the day on which you are deemed to have received the confirmation in accordance with Term 10.10 below (in the case of other confirmations). In the event that you think that you have opened or closed a Contract but we have not sent you a confirmation in respect of that Contract, any query in relation to the purported Contract will not be entertained unless: (i) you inform us within two business days of the day on which you ought to have received such confirmation that you have not received it; and (ii) you can provide accurate details of the time and date of the purported Contract.
(c) We will provide you with a statement of your account on a monthly basis.
(d) You acknowledge and accept that all your confirmations and monthly statements will be e-mailed to your introducing broker and/or your introducing agent.
10.9 We may communicate with you by e-mail and you consent to our corresponding with you by e-mail at any time whatsoever.
10.10 Any correspondence, document, written notice, confirmation or statement will be deemed to have been properly given if sent by e-mail, one hour after we have transmitted them to any e-mail address last notified by you to us.
10.11 It is your responsibility to ensure that we are notified of your current and correct address and contact details. Any change to your address or contact details must be notified to us immediately in writing unless we agree to another form of communication. We may, at our absolute discretion, agree to accept a change of address or contact details orally.
10.12 In the event of a failure or delay to receive any communication from us sent by e-mail to you, as no electronic system is entirely reliable or always available, you accept that we are not liable to you for any loss or damage, howsoever caused, arising directly or indirectly out of a failure or delay by you to receive an e-mail. Further, you understand and accept that e-mails we send to you are not encrypted and therefore are not secure.
10.13 We are authorized by you without any further authority or notice to act upon your instructions given or purporting to be givengiven on your behalf, including your duly appointed power of attorney, by facsimile transmission communications (“faxed instructions”).
(a) In accordance with the aforesaid, you indemnify us and keep us indemnified, on demand against all losses, costs, damages, claims, demands and expenses which we or you incur or sustain through our acting or failing to act upon any such faxed instructions whether or not:
(i) such faxed instructions are made or transmitted without your authority; or
(ii) such losses and other matters mentioned above arise directly or indirectly from any operational failure or fault or any error however occurring in the course of the transmission of the faxed instructions whether relating to equipment belonging to us, to you or any other party.
(b) All faxed instructions shall be subject to and treated in accordance with the Terms of this Agreement and you acknowledge that instructions to enter into a Contract will not be accepted by fax, in accordance with Term 10.1 and 10.3.
(c) We will be entitled but not bound to act on faxed instructions received in accordance with this Term.
(d) You agree and acknowledge that the pages printed by our facsimile machines shall be conclusive evidence of such faxed instructions and this authority and indemnity shall not be prejudiced by any confirmation or other communication relating to such faxed instructions or by the absence thereof.
Appears in 1 contract
Sources: Foreign Exchange Customer Agreement