Limits of Our Liability. (1) Neither TP nor any person connected with TP owes any duty to disclose to you any fact, matter or thing which comes to our notice or to the notice of any such person or to the notice of any employee, director or agent of ours in the course of rendering similar services to others or in the event that such disclosure would be a breach of duty or confidence to any other person. (2) Without prejudice to any liability or obligations under the Act and/or the rules of the FCA neither TP nor any person connected with TP nor any of their respective directors, employees or agents shall have any responsibility or liability whatsoever; (a) in respect of any advice or opinion which may be given by any of them to you concerning any investment or investment transaction, or (b) for any expense, loss or damage suffered by you, either directly or indirectly, as a result of us carrying out your instructions except for losses arising out of our negligence, wilful default or fraud. (3) In addition, no responsibility can be accepted for the acts or omissions of any third party acting as our agent for the purpose of effecting a transaction on your behalf, or for delays in the execution of transactions where such delays are due to a breakdown or failure of transmission or communication facilities or for any other cause beyond our control. (4) We do not accept any liability for any default of any intermediate broker or any exchange, trading system or clearing house in respect of your money or assets which is held by them, by way of margin or otherwise. (5) Under no circumstances whatsoever shall we be liable for any indirect, consequential or special damages under these Terms of Business, or in relation to any other transaction entered into hereunder, even if advised of that possibility and regardless of the form of action.
Appears in 2 contracts
Sources: Terms of Business, Terms of Business
Limits of Our Liability. (1) Neither TP nor any person connected with TP owes any duty to disclose to you any fact, matter or thing which comes to our notice or to the notice of any such person or to the notice of any employee, director or agent of ours in the course of rendering similar services to others or in the event that such disclosure would be a breach of duty or confidence to any other person.
(2) Without prejudice to any liability or obligations under the Act and/or the rules of the FCA FSA neither TP nor any person connected with TP nor any of their respective directors, employees or agents shall have any responsibility or liability whatsoever;
(a) in respect of any advice or opinion which may be given by any of them to you concerning any investment or investment transaction, or
(b) for any expense, loss or damage suffered by you, either directly or indirectly, as a result of us carrying out your instructions except for losses arising out of our negligence, wilful default or fraud.
(3) In addition, no responsibility can be accepted for the acts or omissions of any third party acting as our agent for the purpose of effecting a transaction on your behalf, or for delays in the execution of transactions where such delays are due to a breakdown or failure of transmission or communication facilities or for any other cause beyond our control.
(4) We do not accept any liability for any default of any intermediate broker or any exchange, trading system or clearing house in respect of your money or assets which is held by them, by way of margin or otherwise.
(5) Under no circumstances whatsoever shall we be liable for any indirect, consequential or special damages under these Terms of Business, or in relation to any other transaction entered into hereunder, even if advised of that possibility and regardless of the form of action.
Appears in 1 contract
Sources: Terms of Business