TRADING PLATFORMS. 9.1 Subject to the Client’s obligations under the Agreement, the Company hereby grants the Client a limited license, non-transferable, non-exclusive and fully recoverable, to use the trading platform(s) (including the use of the Company’s website(s) and any associated downloadable software, available from time to time) in order to place orders, in financial instrument(s). The Company may offer different trading platform(s) for different financial instrument(s). 9.2 The Company has the right to cease operations of the trading platform(s), at any time for maintenance purposes, without prior notice to the Client. The maintenance is usually performed during the weekends, unless not convenient or in urgent cases. During the maintenance, the trading platform(s) will not be accessible. 9.3 The Client is solely responsible for providing and maintaining the compatible equipment necessary to access and use the trading platform(s), which includes at least a personal computer, mobile phone or tablet (depending on the trading platform(s) used), internet access by any means and telephone or other access line. Access to the internet is an essential feature and the Client shall be solely responsible for any cost(s) related to the internet connection. 9.4 The Client represents and warrants to have installed and implemented appropriate means of protection relating to the security and integrity of the personal computer, mobile phone or tablet and to have taken appropriate actions to protect the relevant system from computer viruses or other similar harmful or inappropriate materials, devices, information or data that may potentially harm the Company’s website(s), the trading platform(s) or other systems of the Company. The Client further undertakes to protect the Company from any wrongful transmissions of computer virus or other similarly harmful or inappropriate material or device to the trading platform(s) from personal computer, mobile phone or tablet. 9.5 The Company will not be liable to the Client should the Client’s personal computer, mobile phone or tablet, while using trading platform(s) fail, damage, destroy and/or format the Client’s records and/or data. Furthermore, the Company shall not be liable in cases where the Client incurs delays and any other form of data integrity problems that are a result of the Client’s hardware configuration or mismanagement. 9.6 The Company will not be liable for any such disruptions, delays or problem, in any communication experienced by the Client, when using the trading platform(s), not caused by the Company’s gross negligence or wilful default. 9.7 Orders are placed using the Access Data, through the Client’s compatible personal computer, mobile phone or tablet, connected to the internet. It is agreed and understood that the Company will be entitled to rely and act on any order given by the Client, using the Access Data, through trading platform(s) or via phone, and such orders will be binding upon the Client.
Appears in 3 contracts
Sources: Client Agreement, Client Agreement, Client Agreement