Common use of ORDERS BY THE CLIENT Clause in Contracts

ORDERS BY THE CLIENT. A. Bitrage Capital Markets Limited will handle the Transactions in accordance with the Execution Policy available on Bitrage Capital Markets Limited’s website. The Execution Policy shall be a part of this Agreement and is incorporated herein by reference, and shall be applicable to all Transactions entered into by and between the Client and Bitrage Capital Markets Limited. Bitrage Capital Markets Limited will notify the Client of any material changes to the Execution Policy, but the Client undertakes to check for any other changes to the Execution Policy from time to time at Bitrage Capital Markets Limited’s website. B. Unless otherwise directed by the Client, Bitrage Capital Markets Limited has the discretion to select the marketplace to which to route any of the Client’s Transaction in accordance with the Applicable Statutes and Regulations. C. Bitrage Capital Markets Limited undertakes to use its best endeavors in performing Transactions. The Client acknowledges that the Transactions may not be completed for reasons beyond the control of Bitrage Capital Markets Limited. Bitrage Capital Markets Limited may defer execution of any Transaction if Bitrage Capital Markets Limited believe it is not reasonably practicable to act upon it within a reasonable time, and Bitrage Capital Markets Limited shall not be liable for any loss arising from such deferral. Bitrage Capital Markets Limited shall only accept order instructions transmitted via the Trading Platform. D. Bitrage Capital Markets Limited does not represent or warrant that every Transaction will be executed at the most competitive price and that all prices shown may subject to constant change as a result of the following varying factor: i. Bitrage Capital Markets Limited may not have access to every market at which the Services are traded; ii. Services at certain volume and pricing may be limited; iii. change of Applicable Statues and Regulations, systems delays, or system failures may prevent or delay the Transactions or Transactions to be executed at the intended pricing; iv. technical conditions, e.g., the transfer rate of data network and rapid market conditions. E. The Client authorizes and acknowledges that Bitrage Capital Markets Limited may delegate the Transactions to another executing broker for execution, including but not limited to Bitrage Capital Markets Limited’s related company or a non-affiliated third party, of which Bitrage Capital Markets Limited’s rights and obligations under this Agreement shall be applicable to them. F. Bitrage Capital Markets Limited reserves its rights to suspend, reject any Transaction, delay or restrict the Client’s trading activity (including but not limited to controlling maximum Transaction amount, size and Bitrage Capital Markets Limited’s total exposure to the Client) and the Client shall comply with any reasonably restrictions that Bitrage Capital Markets Limited may notify the Client with respect to the Client’s activities on the Trading Platform, including but not limited to the limitations on the size of Transactions or other applicable conditions in the following circumstances: i. a Specified Default Event or a Force Majeure Event occurs; ii. any Fees owed by the Client is overdue; iii. enforcement by the regulatory authority or applicable Statues and Regulations; iv. the Margin under Clause 7.6 has not been complied with; v. disruption, failure or error of Trading Platform, Services, software, third party software, equipment, Bitrage Capital Markets Limited’s payment service provider, other service provider or any other technicality error; vi. under abnormal market conditions; vii. it is impossible to proceed with the Transaction due to insufficient or excessive volume of trade; viii. where Bitrage Capital Markets Limited has reasonable doubts on the legality or validity of the Transaction; ix. the Account is suspended; x. Bitrage Capital Markets Limited has sent a notice of termination to the Client; xi. any event that impairs or restricts the Trading Platform to function on a normal basis; xii. the Transaction derives from a Manifest Error; xiii. the relevant market exchange is not open for trading; xiv. the Client does not have sufficient funds to cover the cost of the Transaction; xv. the Client has exceeded the trading limit applicable; xvi. Bitrage Capital Markets Limited or its related party may be in breach of Applicable Statutes and Regulations by proceeding with the Transaction; xvii. when the Client has utilized network facilities to arbitrage; xviii. any circumstances Bitrage Capital Markets Limited deems fit. G. The Client can execute Stop Loss for the Services, which may be amended or cancelled by the Client before the trading conditions are fulfilled. The Client acknowledges that cancellation or modification of the Stop Loss is not possible after the trading conditions are fulfilled. Bitrage Capital Markets Limited shall not be held liable for any loss or damages for any failure in such cancellation or modification. H. Third party products or services or provided on an “as is where is” basis. Bitrage Capital Markets Limited makes no representation and warranties (including but not limited to accuracy or completeness) in relation to any third-party products or services. Bitrage Capital Markets Limited shall not be obliged to support or maintain any third-party products or services, nor will Bitrage Capital Markets Limited have any liability, regardless of the nature of the claim or the nature of the claimed or alleged damages, including, without limitation, direct, indirect, incidental, consequential or punitive damages, for any claims arising from or related to the use or distribution of the third-party products and services. I. In the event of a Manifest Error, Bitrage Capital Markets Limited reserves the right, without prior notice: i. to not take any action at all;

Appears in 1 contract

Sources: Client Agreement

ORDERS BY THE CLIENT. A. Bitrage Capital Markets Limited 7.4.1 PTF will handle the Transactions in accordance with the Execution Policy available on Bitrage Capital Markets LimitedPTF’s website. The Execution Policy shall be a part of this Agreement and is incorporated herein by reference, and shall be applicable to all Transactions entered into by and between the Client and Bitrage Capital Markets LimitedPTF. Bitrage Capital Markets Limited PTF will notify the Client of any material changes to the Execution Policy, but the Client undertakes to check for any other changes to the Execution Policy from time to time at Bitrage Capital Markets LimitedPTF’s website. B. 7.4.2 Unless otherwise directed by the Client, Bitrage Capital Markets Limited PTF has the discretion to select the marketplace to which to route any of the Client’s Transaction in accordance with the Applicable Statutes and And Regulations. C. Bitrage Capital Markets Limited 7.4.3 PTF undertakes to use its best endeavors endeavours in performing Transactions. The Client acknowledges that the Transactions may not be completed for reasons beyond the control of Bitrage Capital Markets LimitedPTF. Bitrage Capital Markets Limited PTF may defer execution of any Transaction if Bitrage Capital Markets Limited PTF believe it is not reasonably practicable to act upon it within a reasonable time, and Bitrage Capital Markets Limited PTF shall not be liable for any loss arising from such deferral. Bitrage Capital Markets Limited PTF shall only accept order instructions transmitted via the Trading Platform. D. Bitrage Capital Markets Limited 7.4.4 PTF does not represent or warrant that every Transaction will be executed at the most competitive price and that all prices shown may subject to constant change as a result of the following varying factor: i. Bitrage Capital Markets Limited (a) PTF may not have access to every market at which the Services are traded; ii. (b) Services at certain volume and pricing may be limited; iii. (c) change of Applicable Statues and And Regulations, systems delays, or system failures may prevent or delay the Transactions or Transactions to be executed at the intended pricing; iv. (d) technical conditions, e.g., e.g. the transfer rate of data network and rapid market conditions. E. 7.4.5 The Client authorizes authorises and acknowledges that Bitrage Capital Markets Limited PTF may delegate the Transactions to another executing broker for execution, including but not limited to Bitrage Capital Markets LimitedPTF’s related company or a non-affiliated third party, of which Bitrage Capital Markets LimitedPTF’s rights and obligations under this Agreement shall be applicable to them. F. Bitrage Capital Markets Limited 7.4.6 PTF reserves its rights to suspend, reject any Transaction, delay or restrict the Client’s trading activity (including but not limited to controlling maximum Transaction amount, size and Bitrage Capital Markets LimitedPTF’s total exposure to the Client) and the Client shall comply with any reasonably restrictions that Bitrage Capital Markets Limited PTF may notify the Client with respect to the Client’s activities on the Trading Platform, including but not limited to the limitations on the size of Transactions or other applicable conditions in the following circumstances: i. (a) a Specified Default Event or a Force Majeure Event occurs; ii. (b) any Fees owed by the Client is overdue; iii. (c) enforcement by the regulatory authority or applicable Applicable Statues and And Regulations; iv. (d) the Margin under Clause 7.6 has not been complied with; v. (e) disruption, failure or error of Trading Platform, Services, software, third party software, equipment, Bitrage Capital Markets LimitedPTF’s payment service provider, other service provider or any other technicality error; vi. (f) under abnormal market conditions; vii. (g) it is impossible to proceed with the Transaction due to insufficient or excessive volume of trade; viii. (h) where Bitrage Capital Markets Limited PTF has reasonable doubts on the legality or validity of the Transaction; ix. (i) the Account is suspended; x. Bitrage Capital Markets Limited (j) PTF has sent a notice of termination to the Client; xi. (k) any event that impairs or restricts the Trading Platform to function on a normal basis; xii. (l) the Transaction derives from a Manifest Error; xiii. (m) the relevant market exchange is not open for trading; xiv. (n) the Client does not have sufficient funds to cover the cost of the Transaction; xv. (o) the Client has exceeded the trading limit applicable; xvi. Bitrage Capital Markets Limited (p) PTF or its related party may be in breach of Applicable Statutes and And Regulations by proceeding with the Transaction; xvii. (q) when the Client has utilized network facilities to arbitrage; xviii. (r) any circumstances Bitrage Capital Markets Limited PTF deems fit. G. 7.4.7 The Client can execute Stop Loss for the Services, which may be amended or cancelled by the Client before the trading conditions are fulfilled. The Client acknowledges that cancellation or modification of the Stop Loss is not possible after the trading conditions are fulfilled. Bitrage Capital Markets Limited PTF shall not be held liable for any loss or damages for any failure in such cancellation or modification. H. 7.4.8 Third party products or services or provided on an “as is where is” basis. Bitrage Capital Markets Limited PTF makes no representation and warranties (including but not limited to accuracy or completeness) in relation to any third-third party products or services. Bitrage Capital Markets Limited PTF shall not be obliged to support or maintain any third-third party products or services, nor will Bitrage Capital Markets Limited PTF have any liability, regardless of the nature of the claim or the nature of the claimed or alleged damages, including, without limitation, direct, indirect, incidental, consequential or punitive damages, for any claims arising from or related to the use or distribution of the third-party products and services. I. 7.4.9 In the event of a Manifest Error, Bitrage Capital Markets Limited PTF reserves the right, without prior notice: i. : (a) to not take any action at all; (b) to amend any Transaction deriving or involving a Manifest Error in good faith so as to reflect what PTF reasonably consider in PTF’s discretion; or (c) to close any Transaction deriving or involving a Manifest Error at the prevailing market price; (d) to void the Transaction deriving or involving a Manifest Error. PTF shall take into account all market information prevailing at the time of the Manifest Error, determine whether the situation amounts to a Manifest Error and thereafter act fairly towards the Client. 7.4.10 PTF shall not be liable for any loss, including loss of profits, income or opportunity to the Client suffered as a result of Manifest Error. 7.4.11 PTF reserves the right to take the following action in the event of a Corporate Event: (a) modify Margin; (b) amend any necessary details in relation to the exercise, settlement, payment or terms related; and (c) determine the effective date of such amendment.

Appears in 1 contract

Sources: Client Agreement