Manifest Errors. (i) A "Manifest Error" means a manifest or obvious misquote by us, or any Market, Stock Exchange, price providing bank, information source, commentator or official on whom we reasonably rely, having regard to the current market conditions at the time an order is placed. When determining whether or not a situation amounts to a Manifest Error, we may take into account all information in our possession including, without limitation, information concerning all relevant market conditions and any error in, or lack of clarity of, any information source or announcement. (ii) We will, when making a determination as to whether or not a situation amounts to a Manifest Error, act fairly towards you but the fact that you may have entered into, or refrained from entering into, a corresponding financial commitment, contract or transaction in reliance on an order placed with us (or that you have suffered or may suffer any loss of profit, consequential or indirect loss) shall not be taken into account by us in determining whether there has been a Manifest Error. We reserve the right, without prior notice, to: a. amend the details of such a transaction to reflect what we consider in our discretion, acting in good faith, to be the correct or fair terms of such transaction absent such Manifest Error/s; b. if you do not promptly agree to any amendment made under (a) herein we may void from its inception any transaction resulting from or deriving from a Manifest Error; and/or (b) refrain from taking any action at all to amend the details of such a transaction or void such transaction. (iii) We shall not be liable to you for any loss, cost, claim, demand or expense you suffer (including loss of profits or any indirect or consequential losses) resulting from a Manifest Error or our decision to enforce the details of a transaction notwithstanding any Manifest Error. In the event that a Manifest Error is made by any Market, Stock Exchange, price providing bank, information source, commentator or official on whom we reasonably rely, we will not be liable to you for any loss, cost, claim, demand, or expense.
Appears in 1 contract
Sources: Terms of Business
Manifest Errors. (i) 20.1 A "“Manifest Error" ” means a manifest or obvious misquote by us, or any Marketmarket, Stock Exchangeexchange, price providing bank, information source, commentator or official on whom we reasonably rely, having regard to the current market conditions at the time an order Order is placed. .
20.2 When determining whether or not a situation amounts to a Manifest Error, we may take into account all information in our possession including, without limitation, information concerning all relevant market conditions and any error in, or lack of clarity of, any information source or announcement.
(ii) 20.3 We will, when making a determination as to whether or not a situation amounts to a Manifest Error, act fairly towards you but the fact that you may have entered into, or refrained from entering into, a corresponding financial commitment, contract or transaction Transaction in reliance on an order Order placed with us (or that you may have suffered or may suffer any loss of profit, consequential or indirect loss) shall not be taken into account by us in determining whether there has been a Manifest Error. We reserve the right, without prior notice, to:
a. amend the details of such a transaction Transaction to reflect what we reasonably consider in our discretion, acting in good faith, to be have been the correct or fair terms of such transaction absent such Transaction if the Manifest Error/sError(s) had not occurred;
b. if If you do not promptly agree to any amendment made which we propose under this clause (awhich we will notify you of via the Trading Platform) herein we may void from its inception any transaction Transaction resulting from or deriving from a Manifest Error, such that the result is the same as if it had never been made; and/or (b) refrain from taking and/or
c. not take any action at all to amend the details of such a transaction or void such transactionall.
20.4 We may take any reasonable steps for any trades executed at prices resulting from Manifest Errors (iii) as defined herein), such as computer errors, misquotes or omissions, or at prices that are clearly at odds with the fair market prices. Acting reasonably and in good faith, we may take the following actions to trades based on a Manifest Error: • void the trade; • close the trade at the current market prices; or • amend opening and/or closing price of the trade, as if it would have been executed in the absence of the Manifest Error.
20.5 We shall will not be liable to you for any loss, cost, claim, demand or expense that you suffer (including loss of profits or any indirect or consequential losses) resulting from a Manifest Error or our decision to enforce Error, including where the details of a transaction notwithstanding any Manifest Error. In the event that a Manifest Error is made by any Market, Stock Exchange, price providing bank, information source, commentator or official on upon whom we reasonably rely, or from our decision to do anything under clause 20.3 above, except to the extent that it is caused by our own fraud, willful default or gross negligence.
20.6 If a Manifest Error has occurred and we will not choose to exercise any of our rights under clause 20.3, and if you have received any monies from us in connection with the Manifest Error, those monies are due and payable to us with immediate effect, and you must return an equal sum to us without delay.
20.7 We reserve the right to refuse any trades placed by you that we judge to be liable clearly outside the prevailing market price such that they may be deemed non-market price transactions, whether due to you for any lossManifest Error or stale, cost, claim, demand, incorrect or expensebroken price feeds.
Appears in 1 contract
Sources: Client Agreement
Manifest Errors. (i) 20.1 A "“Manifest Error" means a ” meansa manifest or obvious misquote obviousmisquote by us, or any Marketmarket, Stock Exchangeexchange, price providing bank, information source, commentator or official on whom we reasonably rely, having regard to the current market conditions at the time an order Order is placed. .
20.2 When determining whether or not a situation amounts to a Manifest Error, we may take into account all information in our possession including, without limitation, information concerning all relevant market conditions and any error in, or lack of clarity of, any information source or announcement.
(ii) 20.3 We will, when making a determination as to whether or not a situation amounts to a Manifest Error, act fairly towards you but the fact that you may have entered into, or refrained from entering into, a corresponding financial commitment, contract or transaction Transaction in reliance on an order Order placed with us (or that you may have suffered or may suffer any loss of profit, consequential or indirect loss) shall not be taken into account by us in determining whether there has been a Manifest Error. We reserve the right, without prior notice, to:
a. a) amend the details of such a transaction Transaction to reflect what we reasonably consider in our discretion, acting in good faith, to be the have beenthe correct or fair terms of such transaction absent such Transaction if the Manifest Error/sError(s) ▇▇▇▇▇▇ occurred;
b. if b) If you do not promptly agree to any amendment made which we propose under this clause (awhich we will notify you of via the Trading Platform) herein we may void from its inception any transaction voidany Transaction resulting from or deriving from a Manifest Error, such that the result is the same as if it had never been made; and/or (band/or
c) refrain from taking not take any action at all to amend the details of such a transaction or void such transactionall.
20.4 We may take any reasonable steps for any trades executed at prices resulting from Manifest Errors (iii) as defined herein), such as computer errors, misquotes or omissions, or at prices that are clearly at odds with the fair market prices. Acting reasonably and in good faith, we may take the following actions to trades based on a Manifest Error: • void the trade; • close the trade at the current market prices; or • amend opening and/or closing price of the trade, as if it would have been executed in the absence of the Manifest Error.
20.5 We shall will not be liable to you for any loss, cost, claim, demand or expense you suffer that yousuffer (including loss of profits or any indirect or consequential losses) resulting from a Manifest Error or our decision to enforce Error, including where the details of a transaction notwithstanding any Manifest Error. In the event that a Manifest Error is made by any Market, Stock Exchange, price providing bank, information source, commentator or official on upon whom we reasonably rely, or from our decision to do anything under sub-clause 20.3 above, except to the extent that it is caused by our own fraud, willful default or gross negligence.
20.6 If a Manifest Error has occurred and we will not choose to exercise any of our rights under sub-clause 20.3, andif you have received any monies from us in connection with the Manifest Error, those monies are due and payable to us with immediate effect, and you must return an equal sum to us without delay.
20.7 We reserve the right to refuse any trades placed by youthat we judge to be liable clearly outside the prevailing market price such that they may be deemed non-market price transactions, whether due to you for any lossManifest Error or stale, cost, claim, demand, incorrect or expensebroken price feeds.
Appears in 1 contract
Sources: Client Agreement
Manifest Errors. (i) A "“Manifest Error" ” means a manifest or obvious misquote by us, or any Marketmarket, Stock Exchangeexchange, price providing bank, information source, commentator or official on whom we reasonably rely, having regard to the current market conditions at the time an order Order is placed. When determining whether or not a situation amounts to a Manifest Error, we may take into account all information in our possession including, without limitation, information concerning all relevant market conditions and any error in, or lack of clarity of, any information source or announcement.
(ii) . We will, when making a determination as to whether or not a situation amounts to a Manifest Error, act fairly towards you but the fact that you may have entered into, or refrained from entering into, a corresponding financial commitment, contract or transaction Transaction in reliance on an order Order placed with us (or that you may have suffered or may suffer any loss of profit, consequential or indirect loss) shall not be taken into account by us in determining whether there has been a Manifest Error. We reserve the right, without prior notice, to:
a. a) amend the details of such a transaction Transaction to reflect what we reasonably consider in our discretion, acting in good faith, to be have been the correct or fair terms of such transaction absent such Transaction if the Manifest Error/sError(s) had not occurred;
b. if b) If you do not promptly agree to any amendment made which we propose under this clause (awhich we will notify you of via the Trading Platform) herein we may void from its inception any transaction Transaction resulting from or deriving from a Manifest Error, such that the result is the same as if it had never been made; and/or (band/or
c) refrain from taking not take any action at all all. We may take any reasonable steps for any trades executed at prices resulting from Manifest Errors (as defined herein), such as computer errors, misquotes or omissions, or at prices that are clearly at odds with the fair market prices. Acting reasonably and in good faith, we may take the following actions to trades based on a Manifest Error: void the trade; close the trade at the current market prices; or amend opening and/or closing price of the details trade, as if it would have been executed in the absence of such a transaction or void such transaction.
(iii) the Manifest Error. We shall will not be liable to you for any loss, cost, claim, demand or expense that you suffer (including loss of profits or any indirect or consequential losses) resulting from a Manifest Error or our decision to enforce Error, including where the details of a transaction notwithstanding any Manifest Error. In the event that a Manifest Error is made by any Market, Stock Exchange, price providing bank, information source, commentator or official on upon whom we reasonably rely, or from our decision to do anything under clause 20.3 above, except to the extent that it is caused by our own fraud, willful default or gross negligence. If a Manifest Error has occurred and we will not choose to exercise any of our rights under clause 20.3, and if you have received any monies from us in connection with the Manifest Error, those monies are due and payable to us with immediate effect, and you must return an equal sum to us without delay. We reserve the right to refuse any trades placed by you that we judge to be liable clearly outside the prevailing market price such that they may be deemed non-market price transactions, whether due to you for any lossManifest Error or stale, cost, claim, demand, incorrect or expensebroken price feeds.
Appears in 1 contract
Sources: Customer Agreement
Manifest Errors. (i) A "20.1 Manifest Error" ' means a manifest or obvious misquote by usus or by any market, or any Marketexchange, Stock Exchangebank provider of prices, price providing bank, information sourcesource of information, commentator or official on whom we reasonably rely, having regard to the current conditions of the market conditions at the time an order is placed. When determining whether or not a situation amounts to a Manifest Error, we of placing the order.
20.2 We may take into account all information in our possession when determining whether a situation constitutes a manifest error, including, without limitation, information concerning relating to all relevant market conditions and any error in, or lack of clarity of, in any source of information source or announcementnotification.
(ii) 20.3 We will, will act fairly towards you when making a determination as to whether or not a situation amounts to a Manifest Errormanifest error, act fairly towards you but the fact that you may have entered into, or refrained from entering refused to enter into, a corresponding financial commitment, contract or transaction in reliance based on an order placed with us (or that you may have suffered or may suffer any loss of profit, consequential or indirect loss) shall will not be taken into account by us in determining whether there has been a Manifest Error. We reserve the rightreserve, without prior notice, the right to:
a. amend a) Change the details of such a transaction to reflect what we reasonably consider in to have been the correct or fair terms of such a transaction at our discretion, acting in good faith, to be if the correct or fair terms of such transaction absent such Manifest Error/smanifest error(s) had not occurred;
b. if b) If you do not promptly immediately agree to any amendment made under this clause (a) herein which we will notify you via the Trading Platform), we may void from its inception cancel any transaction resulting from or deriving arising from a manifest error, such that the outcome is the same as if it had never been made; and/or c) take no action at all.
20.4 For any trade executed at prices resulting from manifest errors (as defined herein), we may take any reasonable steps, such as computer errors, misquotes or omissions, or at prices that are clearly at odds with fair market prices. We may take the following actions to trade based on a Manifest Error, acting reasonably and in good faith: • Nullify the trade; • Closing of trade at current market prices; or • Change the opening and/or (b) refrain from taking any action at all to amend closing price of the details trade as if, in the absence of such a transaction or void such transactionmanifest error, it had been executed.
(iii) 20.5 We shall will not be liable to you for any loss, cost, claim, demand or expense you suffer (including loss of profits or any indirect or consequential losses) resulting arising from a Manifest Error or our decision to enforce Error, including if the details of a transaction notwithstanding any Manifest Error. In the event that a Manifest Error is made by any Market, Stock Exchange, price providing bank, information sourcesource of information, commentator or official on whom we reasonably rely, or from our decision to do anything under clause 20.3 above, except to the extent that the Manifest Error is made by any source of information, commentator or official on whom we will not be liable to you for any loss, cost, claim, demandreasonably rely, or expensefrom our decision to do anything under clause 20.3 above.
20.6 If a manifest error has occurred and we choose to exercise any of our rights pursuant to clause 20.3, and if you have received any money from us in connection with the manifest error, that money shall be due and payable to us immediately, and you shall promptly return to us an equal amount.
20.7 We reserve the right to refuse any transactions placed by you which we consider to be clearly outside the prevailing market price in such a way that, whether due to Manifest Error or stale, incorrect or broken price feeds, they may be considered non-market price transactions.
Appears in 1 contract
Sources: Client Agreement
Manifest Errors. (i) 20.1 A "“Manifest Error" ” means a manifest or obvious misquote by us, or any Marketmarket, Stock Exchangeexchange, price providing bank, information source, commentator or official on whom we reasonably rely, having regard to the current market conditions at the time an order Order is placed. .
20.2 When determining whether or not a situation amounts to a Manifest Error, we may take into account all information in our possession including, without limitation, information concerning all relevant market conditions and any error in, or lack of clarity of, any information source or announcement.
(ii) 20.3 We will, when making a determination as to whether or not a situation amounts to a Manifest Error, act fairly towards you but the fact that you may have entered into, or refrained from entering into, a corresponding financial commitment, contract or transaction Transaction in reliance on an order Order placed with us (or that you may have suffered or may suffer any loss of profit, consequential or indirect loss) shall not be taken into account by us in determining whether there has been a Manifest Error. We reserve the right, without prior notice, to:
a. a) amend the details of such a transaction Transaction to reflect what we reasonably consider in our discretion, acting in good faith, to be have been the correct or fair terms of such transaction absent such Transaction if the Manifest Error/sError(s) had not occurred;
b. if b) If you do not promptly agree to any amendment made which we propose under this clause (awhich we will notify you of via the Trading Platform) herein we may void from its inception any transaction Transaction resulting from or deriving from a Manifest Error, such that the result is the same as if it had never been made; and/or (band/or
c) refrain from taking not take any action at all to amend the details of such a transaction or void such transactionall.
20.4 We may take any reasonable steps for any trades executed at prices resulting from Manifest Errors (iii) as defined herein), such as computer errors, misquotes or omissions, or at prices that are clearly at odds with the fair market prices. Acting reasonably and in good faith, we may take the following actions to trades based on a Manifest Error: • void the trade; • close the trade at the current market prices; or • amend opening and/or closing price of the trade, as if it would have been executed in the absence of the Manifest Error.
20.5 We shall will not be liable to you for any loss, cost, claim, demand or expense that you suffer (including loss of profits or any indirect or consequential losses) resulting from a Manifest Error or our decision to enforce Error, including where the details of a transaction notwithstanding any Manifest Error. In the event that a Manifest Error is made by any Market, Stock Exchange, price providing bank, information source, commentator or official on upon whom we reasonably rely, or from our decision to do anything under clause 20.3 above, except to the extent that it is caused by our own fraud, wilful default or gross negligence.
20.6 If a Manifest Error has occurred and we will not choose to exercise any of our rights under clause 20.3, and if you have received any monies from us in connection with the Manifest Error, those monies are due and payable to us with immediate effect, and you must return an equal sum to us without delay.
20.7 We reserve the right to refuse any trades placed by you that we judge to be liable clearly outside the prevailing market price such that they may be deemed non-market price transactions, whether due to you for any lossManifest Error or stale, cost, claim, demand, incorrect or expensebroken price feeds.
Appears in 1 contract
Sources: Client Agreement
Manifest Errors. (i) A "20.1 Manifest Error" ' means a manifest or obvious misquote by usus or by any market, or any Marketexchange, Stock Exchangebank provider of prices, price providing bank, information sourcesource of information, commentator or official on whom we reasonably rely, having regard to the current conditions of the market conditions at the time an order is placed. When determining whether or not a situation amounts to a Manifest Error, we of placing the order.
20.2 We may take into account consider all information in our possession when determining whether a situation constitutes a manifest error, including, without limitation, information concerning relating to all relevant market conditions and any error in, or lack of clarity of, in any source of information source or announcementnotification.
(ii) 20.3 We will, will act fairly towards you when making a determination as to whether or not a situation amounts to a Manifest Errormanifest error, act fairly towards you but the fact that you may have entered into, or refrained from entering refused to enter into, a corresponding financial commitment, contract or transaction in reliance based on an order placed with us (or that you may have suffered or may suffer any loss of profit, consequential or indirect loss) shall will not be taken into account by us in determining whether there has been a Manifest Error. We reserve the rightreserve, without prior notice, the right to:
a. amend a) Change the details of such a transaction to reflect what we reasonably consider in having been the correct or fair terms of such a transaction at our discretion, acting in good faith, to be if the correct or fair terms of such transaction absent such Manifest Error/s;manifest error(s) had not occurred.
b. if b) If you do not promptly immediately agree to any amendment made under this clause (a) herein which we will notify you via the Trading Platform), we may void from its inception cancel any transaction resulting from or deriving arising from a manifest error, such that the outcome is the same as if it had never been made; and/or c) take no action at all.
20.4 For any trade executed at prices resulting from manifest errors (as defined herein), we may take any reasonable steps, such as computer errors, misquotes or omissions, or at prices that are clearly at odds with fair market prices. We may take the following actions to trade based on a Manifest Error, acting reasonably and in good faith: • Nullify the trade. • Closing of trade at current market prices; or • Change the opening and/or (b) refrain from taking any action at all to amend closing price of the details trade as if, in the absence of such a transaction or void such transactionmanifest error, it had been executed.
(iii) 20.5 We shall will not be liable to you for any loss, cost, claim, demand or expense you suffer (including loss of profits or any indirect or consequential losses) resulting arising from a Manifest Error or our decision to enforce Error, including if the details of a transaction notwithstanding any Manifest Error. In the event that a Manifest Error is made by any Market, Stock Exchange, price providing bank, information sourcesource of information, commentator or official on whom we reasonably rely, or from our decision to do anything under clause 20.3 above, except to the extent that the Manifest Error is made by any source of information, commentator or official on whom we will not be liable to you for any loss, cost, claim, demandreasonably rely, or expensefrom our decision to do anything under clause 20.3 above.
20.6 If a manifest error has occurred and we choose to exercise any of our rights pursuant to clause 20.3, and if you have received any money from us in connection with the manifest error, that money shall be due and payable to us immediately, and you shall promptly return to us an equal amount.
20.7 We reserve the right to refuse any transactions placed by you which we consider to be clearly outside the prevailing market price in such a way that, whether due to Manifest Error or stale, incorrect or broken price feeds, they may be considered non-market price transactions.
Appears in 1 contract
Sources: Client Agreement
Manifest Errors. (i) 20.1 A "Manifest Error" means a manifest or obvious misquote by us, or any Marketmarket, Stock Exchangeexchange, price providing bankbank or financial institutions, information source, commentator commen- tator or official on whom we reasonably rely, having regard to the current rely which is not indicative of fair market conditions value at the time an order Order is placedplaced or a Transaction is effected. A Manifest Error could include, inaccurate third party or liquidity provider data or pricing, a mistype of a quote, an erroneous quote or misquote provided by a Client Services Officer or a System due to the failure of any software, hardware, whether given by telephone and/or other electronic means. When determining whether or not a situation amounts to a Manifest Error, we may take into account consideration all information in our possession including, without limitation, information concerning all relevant market conditions and any error in, or lack of clarity of, any information source or announcement.
(ii) 20.2 We will, when making a determination as to whether or not a situation amounts to a Manifest Error, act fairly towards you but the fact that you may have entered into, or refrained from entering into, a corresponding financial commitment, contract or transaction Transaction in reliance on an order Order placed with us (or that you have suffered or may suffer any loss of profit, consequential or indirect loss) shall will not be taken into account by us in determining whether there has been a Manifest Error. We reserve the right, without prior notice, to:
a. (a) amend the details of such a transaction relevant Transactions to reflect what we consider a price determined by us in our discretion, acting in good faith, sole and absolute discretion to be the correct or fair terms of such transaction absent Transaction as if there were no such Manifest Error/sErrors;
b. (b) if you do not promptly agree to any amendment made under (a) herein Clause 20.2, we may void from its inception any transaction Transaction resulting from or deriving from a Manifest ErrorError or close or liquidate the Transaction or any Open Position resulting from such Transaction; and/or and/or
(bc) refrain from taking and refuse to take any action at all to amend the details of such a transaction Transaction or void to void, terminate, close or liquidate such transactionTransaction.
(iii) 20.3 We shall not be liable to you for any loss, cost, claim, demand or expense you suffer (including loss of profits or any indirect or consequential losses) resulting from a Manifest Error or our decision to enforce the details of a transaction notwithstanding any Manifest Error. In the event that a Manifest Error is made by any Market, Stock Exchange, price providing bank, information source, commentator or official on whom we reasonably rely, we will not be liable to you for any lossLosses resulting from a Manifest Error or any action which we take or refrain from taking in relation to a Transaction notwithstanding any Manifest Error, costexcept to the extent caused by our gross negligence, claim, demand, fraud or expensewilful misconduct.
Appears in 1 contract
Sources: Leveraged Foreign Exchange Trading Terms of Business
Manifest Errors. (i) 20.1 A "“Manifest Error" ” means a manifest or obvious misquote by us, or any Marketmarket, Stock Exchangeexchange, price providing bank, information source, commentator or official on whom we reasonably rely, having regard to the current market conditions at the time an order Order is placed. .
20.2 When determining whether or not a situation amounts to a Manifest Error, we may take into account all information in our possession including, without limitation, information concerning all relevant market conditions and any error in, or lack of clarity of, any information source or announcement.
(ii) 20.3 We will, when making a determination as to whether or not a situation amounts to a Manifest Error, act fairly towards you but the fact that you may have entered into, or refrained from entering into, a corresponding financial commitment, contract or transaction Transaction in reliance on an order Order placed with us (or that you may have suffered or may suffer any loss of profit, consequential or indirect loss) shall not be taken into account by us in determining whether there has been a Manifest Error. We reserve the right, without prior notice, to:
a. a) amend the details of such a transaction Transaction to reflect what we reasonably consider in our discretion, acting in good faith, to be have been the correct or fair terms of such transaction absent such Transaction if the Manifest Error/sError(s) had not occurred;
b. if b) If you do not promptly agree to any amendment made which we propose under this clause (awhich we will notify you of via the Trading Platform) herein we may void from its inception any transaction Transaction resulting from or deriving from a Manifest Error, such that the result is the same as if it had never been made; and/or (band/or
c) refrain from taking not take any action at all to amend the details of such a transaction or void such transactionall.
20.4 We may take any reasonable steps for any trades executed at prices resulting from Manifest Errors (iii) as defined herein), such as computer errors, misquotes or omissions, or at prices that are clearly at odds with the fair market prices. Acting reasonably and in good faith, we may take the following actions to trades based on a Manifest Error: • void the trade; • close the trade at the current market prices; or • amend opening and/or closing price of the trade, as if it would have been executed in the absence of the Manifest Error.
20.5 We shall will not be liable to you for any loss, cost, claim, demand or expense that you suffer (including loss of profits or any indirect or consequential losses) resulting from a Manifest Error or our decision to enforce Error, including where the details of a transaction notwithstanding any Manifest Error. In the event that a Manifest Error is made by any Market, Stock Exchange, price providing bank, information source, commentator or official on upon whom we reasonably rely, or from our decision to do anything under sub-clause 20.3 above, except to the extent that it is caused by our own fraud, willful default or gross negligence.
20.6 If a Manifest Error has occurred and we will not choose to exercise any of our rights under sub-clause 20.3, and if you have received any monies from us in connection with the Manifest Error, those monies are due and payable to us with immediate effect, and you must return an equal sum to us without delay.
20.7 We reserve the right to refuse any trades placed by you that we judge to be liable clearly outside the prevailing market price such that they may be deemed non-market price transactions, whether due to you for any lossManifest Error or stale, cost, claim, demand, incorrect or expensebroken price feeds.
Appears in 1 contract
Sources: Client Agreement
Manifest Errors. (i) 23.1 A "“Manifest Error" ” means a manifest or obvious misquote by us, or any Marketmarket, Stock Exchangeexchange, price providing bank, information source, commentator or official on whom we reasonably rely, having regard to the current market conditions at the time an order Order is placed. .
23.2 When determining whether or not a situation amounts to a Manifest Error, we may take into account all information in our possession including, without limitation, information concerning all relevant market conditions and any error in, or lack of clarity of, any information source or announcement.
(ii) 23.3 We will, when making a determination as to whether or not a situation amounts to a Manifest Error, act fairly towards you but the fact that you may have entered into, or refrained from entering into, a corresponding financial commitment, contract or transaction Transaction in reliance on an order Order placed with us (or that you may have suffered or may suffer any loss of profit, consequential or indirect loss) shall not be taken into account by us in determining whether there has been a Manifest Error. We reserve the right, without prior notice, to:
a. (a) amend the details of such a transaction Transaction to reflect what we reasonably consider in our discretion, acting in good faith, to be have been the correct or fair terms of such transaction absent such Transaction if the Manifest Error/sError(s) had not occurred;
b. (b) if you do not promptly agree to any amendment made which we propose under this clause (awhich we will notify you of via the Trading Platform) herein we may void from its inception any transaction Transaction resulting from or deriving from a Manifest Error, such that the result is the same as if it had never been made; and/or and/or
(bc) refrain from taking not take any action at all to amend the details of such a transaction or void such transactionall.
(iii) 23.4 We shall will not be liable to you for any loss, cost, claim, demand or expense that you suffer (including loss of profits or any indirect or consequential losses) resulting from a Manifest Error or our decision to enforce Error, including where the details of a transaction notwithstanding any Manifest Error. In the event that a Manifest Error is made by any Market, Stock Exchange, price providing bank, information source, commentator or official on upon whom we reasonably rely, or from our decision to do anything under clause 23.3 above, except to the extent that it is caused by our own fraud, wilful default or gross negligence.
23.5 If a Manifest Error has occurred and we will not choose to exercise any of our rights under clause 23.3, and if you have received any monies from us in connection with the Manifest Error, those monies are due and payable to us with immediate effect, and you must return an equal sum to us without delay.
23.6 We reserve the right to refuse any trades placed by you that we judge to be liable clearly outside the prevailing market price such that they may be deemed non-market price transactions, whether due to you for any lossManifest Error or stale, cost, claim, demand, incorrect or expensebroken price feeds.
Appears in 1 contract
Sources: Terms and Conditions