Limitations of Liability and Indemnity. 22.1. Nothing in the Agreement shall exclude or restrict any obligation or liability which the Company may have or owe to the Client under Applicable Regulations, nor any liability which the Company may incur under the Law or Applicable Regulations in respect of a breach of any such obligation, nor shall anything in the Agreement require the Client to indemnify or compensate the Company to any extent prohibited by Applicable Regulations. 22.2. The Company shall conclude Transactions in good faith and with due diligence but shall not be held liable for any omission, deliberate omission or fraud by a Manager and/or any person, firm or company from whom the Company receives instructions for the execution 22.3. The Company shall not be held liable for any loss of opportunity as a result of which the value of the Client’s Financial Instruments could increase or for any reduction in the value of the Client’s Financial Instruments, regardless of how such decrease may arise, unless to the extent that such loss or reduction is directly due to gross negligence, willful default or fraud by the Company or its employees. 22.4. If the Company incurs any claims, damage, liability, costs or expenses, which may arise in relation to the execution or as a result of the execution of the Agreement and/or in relation to the provision of the Services and/or in relation to the disposal of the Client’s Financial Instruments in view of the satisfaction of any claims made by the Company or due to the non-fulfillment of any of the Client’s statements and/or Orders and/or instructions contained in the Agreement it is understood that the Company bears no responsibility whatsoever and it is the Client’s responsibility to indemnify the Company for such. 22.5. The Company shall not be held liable for the loss on the Client, including the cases where the Client’s funds are kept by a third party such as a bank or other institution used as a payment provider, or for an act, which was carried out based on inaccurate information at its disposal prior to being informed by the Client, of any change in the said information. 22.6. The Company shall not be liable for any loss or expense incurred by the Client in connection with, or directly or indirectly arising from but not limited to: 22.6.1. any failure by the Company to perform any of its obligations under the Agreement as a result of Force Majeure Event or any other cause beyond its control; 22.6.2. the acts, omissions or negligence of any third party; 22.6.3. any changes in the rates of tax; 22.6.4. in the event the Company provides news, market commentary, recommendations, information relating to Transactions or research to the Client (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise) and the Client suffers any losses, costs, expenses or damages arising from any inaccuracy or mistake in any such information given;
Appears in 3 contracts
Sources: Investor Agreement, Investor Agreement, Investor Agreement
Limitations of Liability and Indemnity. 22.1. 22.1 Nothing in the Agreement shall will exclude or restrict any obligation or liability which the Company may have or owe to the Client under Applicable Regulations, nor any liability which the Company may incur under the Law or Applicable Regulations in respect of a breach of any such obligation, nor shall will anything in the Agreement require the Client to indemnify or compensate the Company to any extent prohibited by Applicable Regulations.
22.2. 22.2 The Company shall conclude Transactions in good faith and with due diligence but shall not be held liable for any omission, deliberate omission or fraud by a Manager and/or any person, firm or company from whom the Company receives instructions for the executionexecution of the Client’s Orders and/or from which Transactions are carried out on behalf of the Client, unless to the extend where this would be the result of gross negligence, willful default or fraud on the part of the Company.
22.3. 22.3 The Company shall not be held liable for any loss of opportunity as a result of which the value of the Client’s Financial Instruments could increase or for any reduction in the value of the Client’s Financial Instruments, regardless of how such decrease may arise, unless to the extent that such loss or reduction is directly due to gross negligence, willful default or fraud by the Company or its employees.
22.4. 22.4 If the Company incurs any claims, damage, liability, costs or expenses, which may arise in relation to the execution or as a result of the execution of the Agreement and/or in relation to the provision of the Services and/or in relation to the disposal of the Client’s Financial Instruments in view of the satisfaction of any claims made by the Company or due to the non-fulfillment of any of the Client’s statements and/or Orders and/or instructions contained in the Agreement it is understood that the Company bears no responsibility whatsoever and it is the Client’s responsibility to indemnify the Company for such.
22.5. 22.5 The Company shall not be held liable for the loss on the Client, including the cases where the Client’s funds are kept by a third party such as a bank or other institution used as a payment provider, or for an act, which was carried out based on inaccurate information at its disposal prior to being informed by the Client, of any change in the said information.
22.6. 22.6 The Company shall will not be liable for any loss or expense incurred by the Client in connection with, or directly or indirectly arising from but not limited to:
22.6.1. 22.6.1 any failure by the Company to perform any of its obligations under the Agreement as a result of Force Majeure Event or any other cause beyond its control;
22.6.2. 22.6.2 the acts, omissions or negligence of any third party;
22.6.3. 22.6.3 any changes in the rates of tax;
22.6.4. 22.6.4 in the event the Company provides news, market commentary, recommendations, information relating to Transactions or research to the Client (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise) and the Client suffers any losses, costs, expenses or damages arising from any inaccuracy or mistake in any such information given.
22.6.5 currency risk;
22.6.6 the Client’s choice of a Manager
22.7 The Company shall in no circumstances be liable to the Client for any consequential special or indirect losses, loss of profits, loss of opportunity (including in relation to subsequent market movements), costs, expenses or damages the Client may suffer in relation to the Agreement.
Appears in 2 contracts
Sources: Investor Agreement, Investment Agreement
Limitations of Liability and Indemnity. 22.131.1. The Company gives no warranty as to the performance and/or profitability of the Client’s investments or any part of it or any Investment Advice it provides the Client with. The Company cannot guarantee that the Financial Instruments and other assets acquired, following the provision of Investment Advice or otherwise, will not depreciate in value or that they will not be negatively affected by adverse tax consequences or for any other reason.
31.2. The Company shall not be liable for any act or omission or for the solvency of any counterparty, bank, custodian or other third party which acts on behalf of the Client or with or through whom transactions on behalf of the Client are carried out.
31.3. The Company shall not be liable for any loss suffered by the Client in connection with the Services it provides to the Client under this Agreement (and in particular, but without limitation, the Company shall not be liable for any loss which may arise from the purchase or sale of any Financial Instruments) unless such loss arises directly from the gross negligence, willful default or fraud of the Company.
31.4. It is provided that the Company shall not be liable to the Client or any other person for any consequential, circumstantial, special or indirect damages (including without prejudice to the generality of the aforementioned, loss of profit, commercial losses and damages) which are incurred by the Client in connection with this Agreement.
31.5. The Company shall not be liable for any loss of opportunity as a result of which the value of the Financial Instruments of the Client could have increased or for any decrease in the value of the Financial Instruments of the Client, howsoever caused, save to the extent that such loss or decrease is directly due to the gross negligence, willful default or fraud on the part of the Company and/or its directors and/or its employees and/or its representatives.
31.6. In the event the Company provides information, recommendations, news, information relating to transactions, market commentary or research to the Client (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise), the Company shall not, in the absence of its fraud, willful default or gross negligence, be liable for any losses, costs, expenses or damages suffered by the Client arising from any inaccuracy or mistake in any such information given.
31.7. The Company will not be held liable for any loss or damage or expense or loss incurred by the Client in relation to, or directly or indirectly arising from but not limited to:
1. Any error or failure or interruption or disconnection in the operation of the On-Line System (where this may be made available), any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high internet traffic demand, security breaches and unauthorized access, and other similar computer problems and defects.
2. Any failure by the Company to perform any of its obligations under the Agreement as a result of Force Majeure Event or any other cause beyond its control.
3. The acts, omissions or negligence of any third party.
4. Any person obtaining the Client’s Access Data that the Company has issued to the Client prior to the Client’s reporting to the Company of the misuse of his Access Data.
5. Unauthorized third persons having access to information, including electronic addresses, electronic communication, personal data and Access Data when the above are transmitted between the Parties or any other party, using the internet or other network communication facilities, post, telephone, or any other electronic means.
6. Any of the risks of the Risks Disclosure and Warnings Notice.
7. Any changes in the rates of tax.
8. Any acts or omissions (including negligence and fraud) of the Client and/or his Authorized Representative.
9. For the Client’s or his Authorized Representative’s trading decisions.
10. All instructions given through and under and/or using the Client’s Access Data.
11. The contents, correctness, accuracy and completeness of any communication spread by the use of the On-Line System (where this may be made available).
12. The solvency, acts or omissions of any third party where the Company keeps Client Assets.
31.8. If the Company, its Directors, Officers, employees, Affiliates, or Agents incur any claims, damage, liability, costs or expenses, which may arise in relation to the execution or as a result of the execution of the Agreement and/or in relation to the provision of the Services and/or in relation to the use of the On-Line System(s) (where this may be made available), that the Company, its Directors, Officers, employees, Affiliates, or Agents bear no responsibility whatsoever, it is the Client’s responsibility to indemnify the Company for such. The Client shall keep the Company indemnified against all expenses, incurred by the Company as a result of any error in any Instruction given by the Client or as a result of the Company acting upon any Instruction, submitted by the Client.
31.9. The Company shall in no circumstances be liable to the Client or any other person for any consequential, special, incidental or indirect losses, damages, loss of profits, loss of opportunity (including in relation to subsequent market movements), costs or expenses the Client may suffer in relation to the Agreement and the provision of the Services or the use of the On-Line System (where this may be made available).
31.10. The Company shall not be liable for any loss caused by misrepresentation of facts or by error of judgment or any act done or omitted to be done by the Company whenever caused, save to the extent that such act or omission is directly due to the gross negligence, wilful default or fraud on the part of
31.11. The Company’s cumulative liability to the Client shall not exceed the fees paid to the Company under this Agreement in relation to the particular Client for the Provision of the Services and/or use of the On-Line System (where this may be made available).
31.12. Nothing in the Agreement shall will exclude or restrict any obligation or liability which the Company may have or owe to the Client under Applicable Regulations, nor any liability which the Company may incur under the Law or Applicable Regulations in respect of a breach of any such obligation, nor shall will anything in the Agreement require the Client to indemnify or compensate the Company to any extent prohibited by Applicable Regulations.
22.231.13. The Company shall conclude Transactions in good faith and with due diligence but shall not be held liable for any omission, deliberate omission or fraud by a Manager and/or any person, firm or company from whom the Company receives instructions for the execution
22.3. The Company shall not be held liable for any loss of opportunity as a result of which the value execution of the Client’s Financial Instruments could increase or for any reduction in the value Orders and/or from which Transactions are carried out on behalf of the Client’s Financial Instruments, regardless of how such decrease may arise, unless to the extent that such loss or reduction is directly due to extend where this would be the result of gross negligence, willful default or fraud by on the part of the Company.
31.14. Save in cases of gross negligence, willful default or fraud on the part of the Company, the Client shall indemnify and keep indemnified the Company or and/or its employees.
22.4. If the Company incurs directors and/or its employees and/or its representatives for any claims, damageclaim by third parties and/or for any loss, liability, costs or expenses which the Company or any third party may have incurred or paid in respect of any act or omission of the Client and/or its Authorized Representative / Attorney and/or due to the performance of the Agreement and/or the provision of any Services and/or the liquidation of any Financial Instruments of the Client in settlement of any claims of the Company.
31.15. The Client shall keep the Company indemnified against all expenses, which may arise incurred by the Company as a result of any error in relation to any instruction given by the execution Client or as a result of the execution of the Agreement and/or in relation to the provision of the Services and/or in relation to the disposal of Company acting upon any instruction, submitted by the Client’s Financial Instruments in view of the satisfaction of any claims made by the Company or due .
31.16. The Client shall reimburse to the non-fulfillment of any of the Client’s statements and/or Orders and/or instructions contained in the Agreement it is understood that the Company bears no responsibility whatsoever and it is the Client’s responsibility to indemnify the Company for such.
22.5. The Company shall not be held liable for the loss on the Client, including the cases where the Client’s funds are kept actually incurred losses caused by a third party such as a bank or other institution used as a payment provider, or for an act, which was carried out based on inaccurate information at its disposal prior to being informed by the Client, of any change in the said information.
22.6. The Company shall not be liable for any loss or expense incurred by the Client in connection with, or directly or indirectly arising from but not limited to:
22.6.1. any failure by to provide (or delay in provision of) any documents (including, without any limitations, original copies of the Company to perform any of its obligations under the Agreement as a result of Force Majeure Event documents previously sent via fax or any other cause beyond its control;
22.6.2. the acts, omissions or negligence of any third party;
22.6.3. any changes in the rates of tax;
22.6.4. in the event the Company provides news, market commentary, recommendations, information relating to Transactions or research e-mail upon Company’s consent) that should have been provided pursuant to the Client (or Terms and for losses caused by provision of inadequate information contained in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise) and the Client suffers any losses, costs, expenses or damages arising from any inaccuracy or mistake in any such information given;documents.
Appears in 2 contracts
Sources: Client Agreement, Client Agreement
Limitations of Liability and Indemnity. 22.131.1. The Company gives no warranty as to the performance and/or profitability of the Client’s investments or any part of it or any Investment Advice it provides the Client with. The Company cannot guarantee that the Financial Instruments and other assets acquired, following the provision of Investment Advice or otherwise, will not depreciate in value or that they will not be negatively affected by adverse tax consequences or for any other reason.
31.2. The Company shall not be liable for any act or omission or for the solvency of any counterparty, bank, custodian or other third party which acts on behalf of the Client or with or through whom transactions on behalf of the Client are carried out.
31.3. The Company shall not be liable for any loss suffered by the Client in connection with the Services it provides to the Client under this Agreement (and in particular, but without limitation, the Company shall not be liable for any loss which may arise from the purchase or sale of any Financial Instruments) unless such loss arises directly from the gross negligence, wilful default or fraud of the Company.
31.4. It is provided that the Company shall not be liable to the Client or any other person for any consequential, circumstantial, special or indirect damages (including without prejudice to the generality of the aforementioned, loss of profit, commercial losses and damages) which are incurred by the Client in connection with this Agreement.
31.5. The Company shall not be liable for any loss of opportunity as a result of which the value of the Financial Instruments of the Client could have increased or for any decrease in the value of the Financial Instruments of the Client, howsoever caused, save to the extent that such loss or decrease is directly due to the gross negligence, wilful default or fraud on the part of the Company and/or its directors and/or its employees and/or its representatives.
31.6. In the event the Company provides information, recommendations, news, information relating to transactions, market commentary or research to the Client (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise), the Company shall not, in the absence of its fraud, willful default or gross negligence, be liable for any losses, costs, expenses or damages suffered by the Client arising from any inaccuracy or mistake in any such information given.
31.7. The Company will not be held liable for any loss or damage or expense or loss incurred by the Client in relation to, or directly or indirectly arising from but not limited to:
1. Any error or failure or interruption or disconnection in the operation of the On-Line System (where this may be made available), any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high internet traffic demand, security breaches and unauthorized access, and other similar computer problems and defects.
2. Any failure by the Company to perform any of its obligations under the Agreement as a result of Force Majeure Event or any other cause beyond its control.
3. The acts, omissions or negligence of any third party.
4. Any person obtaining the Client’s Access Data that the Company has issued to the Client prior to the Client’s reporting to the Company of the misuse of his Access Data.
5. Unauthorized third persons having access to information, including electronic addresses, electronic communication, personal data and Access Data when the above are transmitted between the Parties or any other party, using the internet or other network communication facilities, post, telephone, or any other electronic means.
6. Any of the risks of the Risks Disclosure and Warnings Notice.
7. Any changes in the rates of tax.
8. Any acts or omissions (including negligence and fraud) of the Client and/or his Authorized Representative.
9. For the Client’s or his Authorised Representative’s trading decisions.
10. All instructions given through and under and/or using the Client’s Access Data.
11. The contents, correctness, accuracy and completeness of any communication spread by the use of the On-Line System (where this may be made available).
12. The solvency, acts or omissions of any third party where the Company keeps Client Assets.
31.8. If the Company, its Directors, Officers, employees, Affiliates, or Agents incur any claims, damage, liability, costs or expenses, which may arise in relation to the execution or as a result of the execution of the Agreement and/or in relation to the provision of the Services and/or in relation to the use of the On-Line System(s) (where this may be made available), that the Company, its Directors, Officers, employees, Affiliates, or Agents bear no responsibility whatsoever, it is the Client’s responsibility to indemnify the Company for such. The Client shall keep the Company indemnified against all expenses, incurred by the Company as a result of any error in any Instruction given by the Client or as a result of the Company acting upon any Instruction, submitted by the Client.
31.9. The Company shall in no circumstances be liable to the Client or any other person for any consequential, special, incidental or indirect losses, damages, loss of profits, loss of opportunity (including in relation to subsequent market movements), costs or expenses the Client may suffer in relation to the Agreement and the provision of the Services or the use of the On-Line System (where this may be made available).
31.10. The Company shall not be liable for any loss caused by misrepresentation of facts or by error of judgment or any act done or omitted to be done by the Company whenever caused, save to the extent that such act or omission is directly due to the gross negligence, wilful default or fraud on the part of the Company.
31.11. The Company’s cumulative liability to the Client shall not exceed the fees paid to the Company under this Agreement in relation to the particular Client for the Provision of the Services and/or use of the On- Line System (where this may be made available).
31.12. Nothing in the Agreement shall will exclude or restrict any obligation or liability which the Company may have or owe to the Client under Applicable Regulations, nor any liability which the Company may incur under the Law or Applicable Regulations in respect of a breach of any such obligation, nor shall will anything in the Agreement require the Client to indemnify or compensate the Company to any extent prohibited by Applicable Regulations.
22.231.13. The Company shall conclude Transactions in good faith and with due diligence but shall not be held liable for any omission, deliberate omission or fraud by a Manager and/or any person, firm or company from whom the Company receives instructions for the execution
22.3. The Company shall not be held liable for any loss of opportunity as a result of which the value execution of the Client’s Financial Instruments could increase or for any reduction in the value Orders and/or from which Transactions are carried out on behalf of the Client’s Financial Instruments, regardless of how such decrease may arise, unless to the extent that such loss or reduction is directly due to extend where this would be the result of gross negligence, willful default or fraud by on the part of the Company.
31.14. Save in cases of gross negligence, wilful default or fraud on the part of the Company, the Client shall indemnify and keep indemnified the Company or and/or its employees.
22.4. If the Company incurs directors and/or its employees and/or its representatives for any claims, damageclaim by third parties and/or for any loss, liability, costs or expenses which the Company or any third party may have incurred or paid in respect of any act or omission of the Client and/or its Authorised Representative / Attorney and/or due to the performance of the Agreement and/or the provision of any Services and/or the liquidation of any Financial Instruments of the Client in settlement of any claims of the Company.
31.15. The Client shall keep the Company indemnified against all expenses, which may arise incurred by the Company as a result of any error in relation to any instruction given by the execution Client or as a result of the execution of the Agreement and/or in relation to the provision of the Services and/or in relation to the disposal of Company acting upon any instruction, submitted by the Client’s Financial Instruments in view of the satisfaction of any claims made by the Company or due .
31.16. The Client shall reimburse to the non-fulfillment of any of the Client’s statements and/or Orders and/or instructions contained in the Agreement it is understood that the Company bears no responsibility whatsoever and it is the Client’s responsibility to indemnify the Company for such.
22.5. The Company shall not be held liable for the loss on the Client, including the cases where the Client’s funds are kept actually incurred losses caused by a third party such as a bank or other institution used as a payment provider, or for an act, which was carried out based on inaccurate information at its disposal prior to being informed by the Client, of any change in the said information.
22.6. The Company shall not be liable for any loss or expense incurred by the Client in connection with, or directly or indirectly arising from but not limited to:
22.6.1. any failure by to provide (or delay in provision of) any documents (including, without any limitations, original copies of the Company to perform any of its obligations under the Agreement as a result of Force Majeure Event documents previously sent via fax or any other cause beyond its control;
22.6.2. the acts, omissions or negligence of any third party;
22.6.3. any changes in the rates of tax;
22.6.4. in the event the Company provides news, market commentary, recommendations, information relating to Transactions or research e-mail upon Company’s consent) that should have been provided pursuant to the Client (or Terms and for losses caused by provision of inadequate information contained in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise) and the Client suffers any losses, costs, expenses or damages arising from any inaccuracy or mistake in any such information given;documents.
Appears in 1 contract
Sources: Client Agreement
Limitations of Liability and Indemnity. 22.1.
22.1 Nothing in the Agreement shall exclude or restrict any obligation or liability which the Company may have or owe to the Client under Applicable Regulations, nor any liability which the Company may incur under the Law or Applicable Regulations in respect of a breach of any such obligation, nor shall anything in the Agreement require the Client to indemnify or compensate the Company to any extent prohibited by Applicable Regulations. The provisions set out in the present clause shall be subject to the mandatory laws of Mauritius as amended from time to time.
22.2. 22.2 The Company shall conclude Transactions in good faith and with due diligence but shall not be held liable for any omission, deliberate omission or fraud by a Manager and/or any person, firm or company from whom the Company receives instructions for the execution
22.3. The Company shall not be held liable for any loss of opportunity as a result of which the value execution of the Client’s Financial Instruments could increase or for any reduction in the value Orders and/or from which Transactions are carried out on behalf of the Client’s Financial Instruments, regardless of how such decrease may arise, unless to the extent that such loss or reduction is directly due to where this would be the result of gross negligence, willful default or fraud by on the Company or its employeespart of the Company.
22.4. If 22.3 Except in cases of gross negligence, willful default or fraud on the part of the Company, if the Company incurs any claims, damage, liability, costs or expenses, which may arise in relation to the execution or as a result of the execution of the Agreement and/or in relation to the provision of the Services and/or in relation to the disposal of the Client’s Financial Instruments in view of the satisfaction of any claims made by the Company or due to the non-fulfillment of any of the Client’s statements and/or Orders and/or instructions contained in the Agreement it is understood that the Company bears no responsibility whatsoever and it is the Client’s responsibility to indemnify the Company for such.
22.5. 22.4 The Company shall not be held liable for the loss on incurred by the Client, including the Client in cases where the Client’s funds are kept by a third party such as a bank or other institution used as a payment provider, or for an act, which was carried out based on inaccurate information at its disposal prior to being informed by the Client, of any change in the said information.
22.6. The 22.5 Except in cases of gross negligence, willful default or fraud on the part of the Company, the Company shall not be liable for any loss or expense incurred by the Client in connection with, or directly or indirectly arising from but not limited to:
22.6.1. any 22.5.1 Any failure by the Company to perform any of its obligations under the Agreement as a result of Force Majeure Event or any other cause beyond its control;
22.6.2. the 22.5.2 The acts, omissions or negligence of any third party;
22.6.3. any 22.5.3 Any changes in the rates of tax;
22.6.4. in 22.5.4 In the event the Company provides news, market commentary, recommendations, information relating to Transactions or research to the Client (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise) and the Client suffers any losses, costs, expenses or damages arising from any inaccuracy or mistake in any such information given;
22.5.5 Currency risk;
22.5.6 The Client’s choice of a Manager.
Appears in 1 contract
Sources: Investor Agreement
Limitations of Liability and Indemnity. 22.127.1. Nothing in the Agreement shall will exclude or restrict any obligation or liability which the Company may have or owe to the Client under Applicable Regulations, nor any liability which the Company may incur under the Law or Applicable Regulations in respect of a breach of any such obligation, nor shall will anything in the Agreement require the Client to indemnify or compensate the Company to any extent prohibited by Applicable Regulations.
22.227.2. The Company shall conclude Transactions in good faith and with due diligence but shall not be held liable for any omission, deliberate omission or fraud by a Manager and/or any person, firm or company from whom the Company receives instructions for the executionexecution of the Client’s Orders and/or from which Transactions are carried out on behalf of the Client, unless to the extend where this would be the result of gross negligence, willful default or fraud on the part of the Company.
22.327.3. The Company shall not be held liable for any loss of opportunity as a result of which the value of the Client’s Financial Instruments could increase or for any reduction in the value of the Client’s Financial Instruments, regardless of how such decrease may arise, unless to the extent that such loss or reduction is directly due to gross negligence, willful default or fraud by the Company or its employees.
22.427.4. If the Company incurs any claims, damage, liability, costs or expenses, which may arise in relation to the execution or as a result of the execution of the Agreement and/or in relation to the provision of the Services and/or in relation to the disposal of the Client’s Financial Instruments in view of the satisfaction of any claims made by the Company or due to the non-fulfillment of any of the Client’s statements and/or Orders and/or instructions contained in the Agreement it is understood that the Company bears no responsibility whatsoever and it is the Client’s responsibility to indemnify the Company for such.
22.527.5. The Company shall not be held liable for the loss on the Client, including the cases where the Client’s funds are kept by a third party such as a bank or other institution used as a payment provider, or for an act, which was carried out based on inaccurate information at its disposal prior to being informed by the Client, of any change in the said information.
22.627.6. The Company shall will not be liable for any loss or expense incurred by the Client in connection with, or directly or indirectly arising from but not limited to:
22.6.1. (a) any failure by the Company to perform any of its obligations under the Agreement as a result of Force Majeure Event or any other cause beyond its control;
22.6.2. (b) the acts, omissions or negligence of any third party;
22.6.3. (c) any changes in the rates of tax;
22.6.4. (d) in the event the Company provides news, market commentary, recommendations, information relating to Transactions or research to the Client (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise) and the Client suffers any losses, costs, expenses or damages arising from any inaccuracy or mistake in any such information given.
(e) the solvency, acts or omissions of any third party referred to in clauses 13.
(f) if a situation of clause 13.10. arises;
(g) currency risk;
27.7. The Company shall in no circumstances be liable to the Client for any consequential special or indirect losses, loss of profits, loss of opportunity (including in relation to subsequent market movements), costs, expenses or damages the Client may suffer in relation to the Agreement.
Appears in 1 contract
Sources: Portfolio Management Agreement
Limitations of Liability and Indemnity. 22.1. 22.1 Nothing in the Agreement shall will exclude or restrict any obligation or liability which the Company may have or owe to the Client under Applicable Regulations, nor any liability which the Company may incur under the Law or Applicable Regulations in respect of a breach of any such obligation, nor shall will anything in the Agreement require the Client to indemnify or compensate the Company to any extent prohibited by Applicable Regulations.
22.2. 22.2 The Company shall conclude Transactions in good faith and with due diligence but shall not be held liable for any omission, deliberate omission or fraud by a Strategy Manager and/or any person, firm or company from whom the Company receives instructions for the executionexecution of the Client’s Orders and/or from which Transactions are carried out on behalf of the Client, unless to the extend where this would be the result of gross negligence, willful default or fraud on the part of the Company.
22.3. 22.3 The Company shall not be held liable for any loss of opportunity as a result of which the value of the Client’s Financial Instruments could increase or for any reduction in the value of the Client’s Financial Instruments, regardless of how such decrease may arise, unless to the extent that such loss or reduction is directly due to gross negligence, willful default or fraud by the Company or its employees.
22.4. 22.4 If the Company incurs any claims, damage, liability, costs or expenses, which may arise in relation to the execution or as a result of the execution of the Agreement and/or in relation to the provision of the Services and/or in relation to the disposal of the Client’s Financial Instruments in view of the satisfaction of any claims made by the Company or due to the non-fulfillment of any of the Client’s statements and/or Orders and/or instructions contained in the Agreement it is understood that the Company bears no responsibility whatsoever and it is the Client’s responsibility to indemnify the Company for such.
22.5. 22.5 The Company shall not be held liable for the loss on the Client, including the cases where the Client’s funds are kept by a third party such as a bank or other institution used as a payment provider, or for an act, which was carried out based on inaccurate information at its disposal prior to being informed by the Client, of any change in the said information.
22.6. 22.6 The Company shall will not be liable for any loss or expense incurred by the Client in connection with, or directly or indirectly arising from but not limited to:
22.6.1. (a) any failure by the Company to perform any of its obligations under the Agreement as a result of Force Majeure Event or any other cause beyond its control;
22.6.2. (b) the acts, omissions or negligence of any third party;
22.6.3. (c) any changes in the rates of tax;
22.6.4. (d) in the event the Company provides news, market commentary, recommendations, information relating to Transactions or research to the Client (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise) and the Client suffers any losses, costs, expenses or damages arising from any inaccuracy or mistake in any such information given.
(e) currency risk;
(f) the Client’s choice of a Strategy or Strategy Manager
22.7 The Company shall in no circumstances be liable to the Client for any consequential special or indirect losses, loss of profits, loss of opportunity (including in relation to subsequent market movements), costs, expenses or damages the Client may suffer in relation to the Agreement.
Appears in 1 contract
Sources: Investor's Agreement
Limitations of Liability and Indemnity. 22.1. Nothing in the Agreement shall exclude or restrict any obligation or liability which 33.1 The Client hereby agrees to indemnify the Company may have and hold the Company harmless from any liability, cost(s) and/or expense(s) (including attorneys' fees/expenses and any fines and/or penalties imposed by any governmental agency, contract market, exchange, clearing organization or owe to the Client under Applicable Regulations, nor any liability other regulatory or self-regulatory body or institution) which the Company may incur or be subjected to, with respect to the Client(s)’ trading account(s), any transaction and/or position therein. Without limiting the generality of the foregoing, the Client agrees to reimburse the Company, on demand, for any cost incurred by the Company in collecting any sums owed by the Client, under this Agreement, and any cost incurred by the Law or Applicable Regulations Company, including legal action/proceedings, in respect defending against any claims asserted by the Client, including all attorneys' fees/expenses. The Client hereby agrees and acknowledges being liable for the Client’s own cost(s)s and/or expenses, unless directed otherwise by any court of a breach law and/or regulatory body.
33.2 The Client confirms that all information provided to the Company, for purposes of any such obligationopening/maintaining trading account(s), nor shall anything is true and correct. The Client further confirms to provide all the relevant information regarding Client’s knowledge and experience in the Agreement require investment field relevant to product and/or service(s) offered by the Company, as the case may be, and as requested by the Company. In the event where the Client provides insufficient/false information regarding the Client’s knowledge and experience, related to indemnify or compensate any product(s) and/or service(s), offered by the Company, the Client understands and agrees that such information will not allow the Company to any extent prohibited by Applicable Regulationsdetermine whether the product(s) and/or service(s) envisaged is appropriate for the Client.
22.233.3 The Client understands and accepts that the Company does not provide financial, legal, tax or other advise(s), nor should any investment and/or any other decisions be made by the Client solely based on the information obtained from the Company. The Client is liable to obtain an independent advice on relevant matters, from third party specialised in the provision of the relevant advise(s).
33.4 All information and opinions provided by the Company shall conclude Transactions are made in good faith and with due diligence but are obtained from sources, believed by the Company to be reliable, however no representation or warranty, express or implied, is made as to its accuracy or completeness. All material provided by the Company represents current views and is provided under reasonable duty of care, and the Company will have no liability for any direct or indirect damages arising out of the use of information when accepted and/or used by the Client. The Client furthermore accepts that any information on financial instrument(s), offered by the Company, are only indicative and the Company assumes no obligation to ensure that such information is brought to the attention of the Client.
33.5 In the event where the Company provides recommendation(s), news, information relating to transaction(s), market commentary and/or research, to the Client (or in newsletters which may be posted at the Company’s website(s) and/or provided to subscribers via the Company’s website(s) and/or otherwise), the Company shall not, in the absence of fraud, wilful default or gross negligence, be liable for any losses, cost(s), expenses or damages suffered by the Client arising from any inaccuracy or mistake in any such information so provided.
33.6 The Company will not be held liable for any omissionloss, deliberate omission or fraud by a Manager and/or any person, firm or company from whom the Company receives instructions for the execution
22.3. The Company shall not be held liable for any loss of opportunity as a result of which the value of the Client’s Financial Instruments could increase or for any reduction in the value of the Client’s Financial Instruments, regardless of how such decrease may arise, unless to the extent that such loss or reduction is directly due to gross negligence, willful default or fraud by the Company or its employees.
22.4. If the Company incurs any claims, damage, liability, costs or expenses, which may arise in relation to the execution or as a result of the execution of the Agreement and/or in relation to the provision of the Services and/or in relation to the disposal of the Client’s Financial Instruments in view of the satisfaction of any claims made by the Company or due to the non-fulfillment of any of the Client’s statements and/or Orders and/or instructions contained in the Agreement it is understood that the Company bears no responsibility whatsoever and it is the Client’s responsibility to indemnify the Company for such.
22.5. The Company shall not be held liable for the loss on the Client, including the cases where the Client’s funds are kept by a third party such as a bank or other institution used as a payment provider, or for an act, which was carried out based on inaccurate information at its disposal prior to being informed by the Client, of any change in the said information.
22.6. The Company shall not be liable for any loss damage or expense incurred by the Client in connection withClient, or directly or indirectly indirectly, arising from but not limited to:
22.6.1. : • Any error, failure, interruption or disconnection in the operation of the trading platform(s); any delay caused by the trading platform(s) and/or transaction(s) made via the trading platform(s), any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high internet traffic demand, security breaches, unauthorized access, and other similar computer problems and defects; • A failure by the Company to perform any of its obligations obligations, under the Agreement Agreement, as a result of Force Majeure Event or any other cause beyond its control;
22.6.2. the ; • The acts, omissions or negligence of any third party;
22.6.3. ; • Unauthorized third party accessing the Client(s)’ information, including electronic addresses, electronic communication, personal data and/or Access Data, when the same is transmitted between the Parties, or any other party, using the internet and/or other network communication facilities such as post, telephone, other electronic means; • Any changes in the rates taxation; taxation assessed upon or payable directly/indirectly by the Client or any loss or expense suffered by the Client in connection with any such assessment. If the Company is, at any time, assessed for taxation, in respect of taxor in connection with the Client’s trading account(s), income, activities or residence, including without limitation any claim for recovery of funds paid to or for the Client, in excess of the amount(s) which should have been paid, the Client undertakes to indemnify the Company in respect to the relevant taxation, together with all expenses, including but not limited to any legal fees. The Client is solely responsible for the management of affairs for tax purposes, and the Company accepts no responsibility for any tax consequences of anything carried out within scope of authority; • Any loss or expense(s) suffered by the Client, in connection with the insolvency or other default of any counterparty, unless such loss or expense arises from the Company’s negligence, wilful default or fraud. Without prejudice to the foregoing, the Client accepts to reimburse the Company of any cost, loss, liability or expense whatsoever which may be suffered or incurred by the Company, whether directly or indirectly, in connection with or as a result of the Client’s failure to perform or delay in performing any obligations under this Agreement; • Any loss occurred due to the slippage, currency risk, trading platform(s) functions such as trailing stop, EA, stop loss orders, Abnormal Market Conditions; • Any acts and/or omissions (including negligence and fraud) of the Client and/or the Client’s Authorized Representative, including trading decisions; • Negative results that may occur due to the Client’s engagement in social trading or other types of trading support provided by third parties; • Performance and/or profitability of any financial instrument; • For any loss or loss of opportunity, whereby the value of the financial instrument(s), assets and/or funds could have been increased, or for any decrease in the value of such, or for any loss arising from errors of fact or judgment or any action taken or omitted to be taken; • For direct, indirect, financial or consequential loss howsoever caused, except to the extent that any such error, act or omission is caused by the Company’s negligence, wilful default or fraud;
22.6.4. 33.7 The Company shall, in the event the Company provides newsno circumstances, market commentary, recommendations, information relating to Transactions or research be liable to the Client for any consequential, special, incidental or indirect losses, damages, loss of profits, loss of opportunity (including subsequent market movements) for the cost(s) or expenses that the Client may suffer in newsletters which it may post on its Website relation to the Agreement, the provision of the service(s) or provide the use of the trading platform(s).
33.8 The Company’s cumulative liability to subscribers via its Website or otherwisethe Client shall not exceed the fees paid to the Company, by the Client, under this Agreement, for the provision of the service(s) and use of the Client suffers any losses, costs, expenses or damages arising from any inaccuracy or mistake in any such information given;trading platform(s).
Appears in 1 contract
Sources: Client Agreement
Limitations of Liability and Indemnity. 22.1. Nothing in the Agreement shall exclude or restrict any obligation or liability which 34.1 The Client hereby agrees to indemnify the Company may have and hold the Company harmless from any liability, cost(s) and/or expense(s) (including attorneys' fees/expenses and any fines and/or penalties imposed by any governmental agency, contract market, exchange, clearing organisation or owe to the Client under Applicable Regulations, nor any liability other regulatory or self-regulatory body or institution) which the Company may incur or be subjected to, with respect to the Client(s)’ trading account(s), any transaction and/or position therein. Without limiting the generality of the foregoing, the Client agrees to reimburse the Company, on demand, for any cost incurred by the Company in collecting any sums owed by the Client, under this Agreement, and any cost incurred by the Law or Applicable Regulations Company, including legal action/proceedings, in respect defending against any claims asserted by the Client, including all attorneys' fees/expenses. The Client hereby agrees and acknowledges being liable for the Client’s own cost(s) and/or expenses, unless directed otherwise by any court of a breach law and/or regulatory body.
34.2 The Client confirms that all information provided to the Company, for purposes of any such obligationopening/maintaining trading account(s), nor shall anything is true and correct. The Client further confirms to provide all the relevant information regarding Client’s knowledge and experience in the Agreement require investment field relevant to product and/or service(s) offered by the Company, as the case may be, and as requested by the Company. In the event where the Client provides insufficient/false information regarding the Client’s knowledge and experience, related to indemnify or compensate any product(s) and/or service(s), offered by the Company, the Client understands and agrees that such information will not allow the Company to any extent prohibited by Applicable Regulationsdetermine whether the product(s) and/or service(s) envisaged is appropriate for the Client.
22.234.3 The Client understands and accepts that the Company does not provide financial, legal, tax or other advise(s), nor should any investment and/or any other decisions be made by the Client solely based on the information obtained from the Company. The Client is liable to obtain an independent advice on relevant matters, from third party specialised in the provision of the relevant advise(s).
34.4 All information and opinions provided by the Company shall conclude Transactions are made in good faith and with due diligence but are obtained from sources, believed by the Company to be reliable, however no representation or warranty, express or implied, is made as to its accuracy or completeness. All material provided by the Company represents current views and is provided under reasonable duty of care, and the Company will have no liability for any direct or indirect damages arising out of the use of information when accepted and/or used by the Client. The Client furthermore accepts that any information on financial instrument(s), offered by the Company, are only indicative and the Company assumes no obligation to ensure that such information is brought to the attention of the Client.
34.5 In the event where the Company provides recommendation(s), news, information relating to transaction(s), market commentary and/or research, to the Client (or in newsletters which may be posted at the Company’s website(s) and/or provided to subscribers via the Company’s website(s) and/or otherwise), the Company shall not, in the absence of fraud, wilful default or gross negligence, be liable for any losses, cost(s), expenses or damages suffered by the Client arising from any inaccuracy or mistake in any such information so provided.
34.6 The Company will not be held liable for any omissionloss, deliberate omission or fraud by a Manager and/or any person, firm or company from whom the Company receives instructions for the execution
22.3. The Company shall not be held liable for any loss of opportunity as a result of which the value of the Client’s Financial Instruments could increase or for any reduction in the value of the Client’s Financial Instruments, regardless of how such decrease may arise, unless to the extent that such loss or reduction is directly due to gross negligence, willful default or fraud by the Company or its employees.
22.4. If the Company incurs any claims, damage, liability, costs or expenses, which may arise in relation to the execution or as a result of the execution of the Agreement and/or in relation to the provision of the Services and/or in relation to the disposal of the Client’s Financial Instruments in view of the satisfaction of any claims made by the Company or due to the non-fulfillment of any of the Client’s statements and/or Orders and/or instructions contained in the Agreement it is understood that the Company bears no responsibility whatsoever and it is the Client’s responsibility to indemnify the Company for such.
22.5. The Company shall not be held liable for the loss on the Client, including the cases where the Client’s funds are kept by a third party such as a bank or other institution used as a payment provider, or for an act, which was carried out based on inaccurate information at its disposal prior to being informed by the Client, of any change in the said information.
22.6. The Company shall not be liable for any loss damage or expense incurred by the Client in connection withClient, or directly or indirectly indirectly, arising from but not limited to:
22.6.1. : • Any error, failure, interruption or disconnection in the operation of the trading platform(s); any delay caused by the trading platform(s) and/or transaction(s) made via the trading platform(s), any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high internet traffic demand, security breaches, unauthorised access, and other similar computer problems and defects; • A failure by the Company to perform any of its obligations obligations, under the Agreement Agreement, as a result of Force Majeure Event or any other cause beyond its control;
22.6.2. the ; • The acts, omissions or negligence of any third party;
22.6.3. ; • Unauthorised third party accessing the Client(s)’ information, including electronic addresses, electronic communication, personal data and/or Access Data, when the same is transmitted between the Parties, or any other party, using the internet and/or other network communication facilities such as post, telephone, other electronic means; • Any changes in the rates taxation; taxation assessed upon or payable directly/indirectly by the Client or any loss or expense suffered by the Client in connection with any such assessment. If the Company is, at any time, assessed for taxation, in respect of taxor in connection with the Client’s trading account(s), income, activities or residence, including without limitation any claim for recovery of funds paid to or for the Client, in excess of the amount(s) which should have been paid, the Client undertakes to indemnify the Company in respect to the relevant taxation, together with all expenses, including but not limited to any legal fees. The Client is solely responsible for the management of affairs for tax purposes, and the Company accepts no responsibility for any tax consequences of anything carried out within scope of authority; • Any loss or expense(s) suffered by the Client, in connection with the insolvency or other default of any counterparty, unless such loss or expense arises from the Company’s negligence, wilful default or fraud. Without prejudice to the foregoing, the Client accepts to reimburse the Company of any cost, loss, liability or expense whatsoever which may be suffered or incurred by the Company, whether directly or indirectly, in connection with or as a result of the Client’s failure to perform or delay in performing any obligations under this Agreement; • Any loss occurred due to the slippage, currency risk, trading platform(s) functions such as trailing stop, EA, stop loss orders, Abnormal Market Conditions; • Any acts and/or omissions (including negligence and fraud) of the Client and/or the Client’s Authorised Representative, including trading decisions; • Negative results that may occur due to the Client’s engagement in social trading or other types of trading support provided by third parties; • Performance and/or profitability of any financial instrument; • For any loss or loss of opportunity, whereby the value of the financial instrument(s), assets and/or funds could have been increased, or for any decrease in the value of such, or for any loss arising from errors of fact or judgment or any action taken or omitted to be taken; • For direct, indirect, financial or consequential loss howsoever caused, except to the extent that any such error, act or omission is caused by the Company’s negligence, wilful default or fraud;
22.6.4. 34.7 The Company shall, in the event the Company provides newsno circumstances, market commentary, recommendations, information relating to Transactions or research be liable to the Client for any consequential, special, incidental or indirect losses, damages, loss of profits, loss of opportunity (including subsequent market movements) for the cost(s) or expense(s) that the Client may suffer in newsletters which it may post on its Website relation to the Agreement, the provision of the service(s) or provide the use of the trading platform(s).
34.8 The Company’s cumulative liability to subscribers via its Website or otherwisethe Client shall not exceed the fees paid to the Company, by the Client, under this Agreement, for the provision of the service(s) and use of the Client suffers any losses, costs, expenses or damages arising from any inaccuracy or mistake in any such information given;trading platform(s).
Appears in 1 contract
Sources: Client Agreement
Limitations of Liability and Indemnity. 22.131.1. The Company gives no warranty as to the performance and/or profitability of the Client’s investments or any part of it or any Investment Advice it provides the Client with. The Company cannot guarantee that the Financial Instruments and other assets acquired, following the provision of Investment Advice or otherwise, will not depreciate in value or that they will not be negatively affected by adverse tax consequences or for any other reason.
31.2. The Company shall not be liable for any act or omission or for the solvency of any counterparty, bank, custodian or other third party which acts on behalf of the Client or with or through whom transactions on behalf of the Client are carried out.
31.3. The Company shall not be liable for any loss suffered by the Client in connection with the Services it provides to the Client under this Agreement (and in particular, but without limitation, the Company shall not be liable for any loss which may arise from the purchase or sale of any Financial Instruments) unless such loss arises directly from the gross negligence, wilful default or fraud of the Company.
31.4. It is provided that the Company shall not be liable to the Client or any other person for any consequential, circumstantial, special or indirect damages (including without prejudice to the generality of the aforementioned, loss of profit, commercial losses and damages) which are incurred by the Client in connection with this Agreement.
31.5. The Company shall not be liable for any loss of opportunity as a result of which the value of the Financial Instruments of the Client could have increased or for any decrease in the value of the Financial Instruments of the Client, howsoever caused, save to the extent that such loss or decrease is directly due to the gross negligence, wilful default or fraud on the part of the Company and/or its directors and/or its employees and/or its representatives.
31.6. In the event the Company provides information, recommendations, news, information relating to transactions, market commentary or research to the Client (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise), the Company shall not, in the absence of its fraud, willful default or gross negligence, be liable for any losses, costs, expenses or damages suffered by the Client arising from any inaccuracy or mistake in any such information given.
31.7. The Company will not be held liable for any loss or damage or expense or loss incurred by the Client in relation to, or directly or indirectly arising from but not limited to:
1. Any error or failure or interruption or disconnection in the operation of the On-Line System (where this may be made available), any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high internet traffic demand, security breaches and unauthorized access, and other similar computer problems and defects.
2. Any failure by the Company to perform any of its obligations under the Agreement as a result of Force Majeure Event or any other cause beyond its control.
3. The acts, omissions or negligence of any third party.
4. Any person obtaining the Client’s Access Data that the Company has issued to the Client prior to the Client’s reporting to the Company of the misuse of his Access Data.
5. Unauthorized third persons having access to information, including electronic addresses, electronic communication, personal data and Access Data when the above are transmitted between the Parties or any other party, using the internet or other network communication facilities, post, telephone, or any other electronic means.
6. Any of the risks of the Risks Disclosure and Warnings Notice.
7. Any changes in the rates of tax.
8. Any acts or omissions (including negligence and fraud) of the Client and/or his Authorized Representative.
9. For the Client’s or his Authorised Representative’s trading decisions.
10. All instructions given through and under and/or using the Client’s Access Data.
11. The contents, correctness, accuracy and completeness of any communication spread by the use of the On-Line System (where this may be made available).
12. The solvency, acts or omissions of any third party where the Company keeps Client Assets.
31.8. If the Company, its Directors, Officers, employees, Affiliates, or Agents incur any claims, damage, liability, costs or expenses, which may arise in relation to the execution or as a result of the execution of the Agreement and/or in relation to the provision of the Services and/or in relation to the use of the On-Line System(s) (where this may be made available), that the Company, its Directors, Officers, employees, Affiliates, or Agents bear no responsibility whatsoever, it is the Client’s responsibility to indemnify the Company for such. The Client shall keep the Company indemnified against all expenses, incurred by the Company as a result of any error in any Instruction given by the Client or as a result of the Company acting upon any Instruction, submitted by the Client.
31.9. The Company shall in no circumstances be liable to the Client or any other person for any consequential, special, incidental or indirect losses, damages, loss of profits, loss of opportunity (including in relation to subsequent market movements), costs or expenses the Client may suffer in relation to the Agreement and the provision of the Services or the use of the On-Line System (where this may be made available).
31.10. The Company shall not be liable for any loss caused by misrepresentation of facts or by error of judgment or any act done or omitted to be done by the Company whenever caused, save to the extent that such act or omission is directly due to the gross negligence, wilful default or fraud on the part of the Company.
31.11. The Company’s cumulative liability to the Client shall not exceed the fees paid to the Company under this Agreement in relation to the particular Client for the Provision of the Services and/or use of the On-Line System (where this may be made available).
31.12. Nothing in the Agreement shall will exclude or restrict any obligation or liability which the Company may have or owe to the Client under Applicable Regulations, nor any liability which the Company may incur under the Law or Applicable Regulations in respect of a breach of any such obligation, nor shall will anything in the Agreement require the Client to indemnify or compensate the Company to any extent prohibited by Applicable Regulations.
22.231.13. The Company shall conclude Transactions in good faith and with due diligence but shall not be held liable for any omission, deliberate omission or fraud by a Manager and/or any person, firm or company from whom the Company receives instructions for the execution
22.3. The Company shall not be held liable for any loss of opportunity as a result of which the value execution of the Client’s Financial Instruments could increase or for any reduction in the value Orders and/or from which Transactions are carried out on behalf of the Client’s Financial Instruments, regardless of how such decrease may arise, unless to the extent that such loss or reduction is directly due to extend where this would be the result of gross negligence, willful default or fraud by on the part of the Company.
31.14. Save in cases of gross negligence, wilful default or fraud on the part of the Company, the Client shall indemnify and keep indemnified the Company or and/or its employees.
22.4. If the Company incurs directors and/or its employees and/or its representatives for any claims, damageclaim by third parties and/or for any loss, liability, costs or expenses which the Company or any third party may have incurred or paid in respect of any act or omission of the Client and/or its Authorised Representative / Attorney and/or due to the performance of the Agreement and/or the provision of any Services and/or the liquidation of any Financial Instruments of the Client in settlement of any claims of the Company.
31.15. The Client shall keep the Company indemnified against all expenses, which may arise incurred by the Company as a result of any error in relation to any instruction given by the execution Client or as a result of the execution of the Agreement and/or in relation to the provision of the Services and/or in relation to the disposal of Company acting upon any instruction, submitted by the Client’s Financial Instruments in view of the satisfaction of any claims made by the Company or due .
31.16. The Client shall reimburse to the non-fulfillment of any of the Client’s statements and/or Orders and/or instructions contained in the Agreement it is understood that the Company bears no responsibility whatsoever and it is the Client’s responsibility to indemnify the Company for such.
22.5. The Company shall not be held liable for the loss on the Client, including the cases where the Client’s funds are kept actually incurred losses caused by a third party such as a bank or other institution used as a payment provider, or for an act, which was carried out based on inaccurate information at its disposal prior to being informed by the Client, of any change in the said information.
22.6. The Company shall not be liable for any loss or expense incurred by the Client in connection with, or directly or indirectly arising from but not limited to:
22.6.1. any failure by to provide (or delay in provision of) any documents (including, without any limitations, original copies of the Company to perform any of its obligations under the Agreement as a result of Force Majeure Event documents previously sent via fax or any other cause beyond its control;
22.6.2. the acts, omissions or negligence of any third party;
22.6.3. any changes in the rates of tax;
22.6.4. in the event the Company provides news, market commentary, recommendations, information relating to Transactions or research e-mail upon Company’s consent) that should have been provided pursuant to the Client (or Terms and for losses caused by provision of inadequate information contained in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise) and the Client suffers any losses, costs, expenses or damages arising from any inaccuracy or mistake in any such information given;documents.
Appears in 1 contract
Sources: Client Agreement
Limitations of Liability and Indemnity. 22.1. 22.1 Nothing in the Agreement shall will exclude or restrict any obligation or liability which the Company may have or owe to the Client under Applicable Regulations, nor any liability which the Company may incur under the Law or Applicable Regulations in respect of a breach of any such obligation, nor shall will anything in the Agreement require the Client to indemnify or compensate the Company to any extent prohibited by Applicable Regulations.
22.2. 22.2 The Company shall conclude Transactions in good faith and with due diligence but shall not be held liable for any omission, deliberate omission or fraud by a Strategy Manager and/or any person, firm or company from whom the Company receives instructions for the executionexecution of the Client’s Orders and/or from which Transactions are carried out on behalf of the Client, unless to the extend where this would be the result of gross negligence, willful default or fraud on the part of the Company.
22.3. 22.3 The Company shall not be held liable for any loss of opportunity as a result of which the value of the Client’s Financial Instruments could increase or for any reduction in the value of the Client’s Financial Instruments, regardless of how such decrease may arise, unless to the extent that such loss or reduction is directly due to gross negligence, willful default or fraud by the Company or its employees.
22.4. 22.4 If the Company incurs any claims, damage, liability, costs or expenses, which may arise in relation to the execution or as a result of the execution of the Agreement and/or in relation to the provision of the Services and/or in relation to the disposal of the Client’s Financial Instruments in view of the satisfaction of any claims made by the Company or due to the non-fulfillment of any of the Client’s statements and/or Orders and/or instructions contained in the Agreement it is understood that the Company bears no responsibility whatsoever and it is the Client’s responsibility to indemnify the Company for such.
22.5. 22.5 The Company shall not be held liable for the loss on the Client, including the cases where the Client’s funds are kept by a third party such as a bank or other institution used as a payment provider, or for an act, which was carried out based on inaccurate information at its disposal prior to being informed by the Client, of any change in the said information.
22.6. 22.6 The Company shall will not be liable for any loss or expense incurred by the Client in connection with, or directly or indirectly arising from but not limited to:
22.6.1. 22.6.1 any failure by the Company to perform any of its obligations under the Agreement as a result of Force Majeure Event or any other cause beyond its control;
22.6.2. 22.6.2 the acts, omissions or negligence of any third party;
22.6.3. 22.6.3 any changes in the rates of tax;
22.6.4. 22.6.4 in the event the Company provides news, market commentary, recommendations, information relating to Transactions or research to the Client (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise) and the Client suffers any losses, costs, expenses or damages arising from any inaccuracy or mistake in any such information given.
22.6.5 currency risk;
22.6.6 the Client’s choice of a Strategy or Strategy Manager
22.7 The Company shall in no circumstances be liable to the Client for any consequential special or indirect losses, loss of profits, loss of opportunity (including in relation to subsequent market movements), costs, expenses or damages the Client may suffer in relation to the Agreement.
Appears in 1 contract
Sources: Investor's Agreement