OPERATIONAL RISKS Clause Samples
The Operational Risks clause defines the allocation and management of risks arising from the day-to-day activities and processes involved in fulfilling the contract. It typically outlines which party is responsible for identifying, mitigating, and bearing the consequences of operational failures, such as system breakdowns, human error, or supply chain disruptions. By clearly assigning responsibility for these risks, the clause helps prevent disputes and ensures that both parties are aware of their obligations in managing operational uncertainties.
OPERATIONAL RISKS. 13.1. Operational risks with AvaTrade on your computer are inherent in every OTC transaction. For example, disruptions in AvaTrades's operational processes such as communications, computers, computer or mobile networks or external events may lead to delays in the execution and settlement of a transaction. AvaTrade does not accept or bear any liability whatsoever in relation to the operational processes of AvaTrade, except to the extent that it is caused by the fraud, negligence or dishonesty by AvaTrade.
13.2. In connection with the use of computer equipment and data, the Customer bears the following risks amongst other risks, in which cases AvaTrade has no liability of any resulting loss:
13.2.1. Power cut of the equipment on the side of the Customer or the provider, or communication operator (including voice communication) that serves the Customer;
13.2.2. Physical damage (or destruction) of the communication channels used to link the Customer and provider (communication operator), provider, and the trading or information server of the Customer;
13.2.3. Outage (unacceptably low quality) of communication via the channels used by the Customer, or AvaTrade or the channels used by the provider, or communication operator (including voice communication) that are used by the Customer or AvaTrade;
13.2.4. Wrong or inconsistent with requirements settings of the Customer Terminal;
13.2.5. Untimely update of the Customer Terminal;
13.2.6. The use of communication channels, hardware and software, generate the risk of non-reception of a message (including text messages) by the Customer from AvaTrade;
13.2.7. Upon confirmation of an order placed over the telephone, Customer has bought or sold and cannot cancel the Market Order. By placing a Market Order over the telephone, Customer acknowledges and agrees to such immediate execution and accepts the risk of this immediate execution feature.
13.2.8. Malfunction or non-operability of the Platform, which also includes the Customer Terminal.
13.3. The Customer may suffer financial losses caused by the materialization of the above risks, AvaTrade accepting no responsibility or liability in the case of such a risk materializing and the Customer shall be responsible for all related losses he may suffer.
OPERATIONAL RISKS. The Company is a young company and the growth of the team and its capabilities may take longer than expected to result in the intended usefulness for the Tokens. The Tokens are just one product in a highly competitive market, and broad adoption by other users and developments by technology partners may take longer than expected. The usefulness of the Tokens depends on the extent of widespread adoption of Coinme ATMs by the marketplace.
OPERATIONAL RISKS. (a) A failure in GSI’s operational systems or infrastructure, or those of third parties, as well as human error, malfeasance or other misconduct, could impair GSI’s liquidity, disrupt its businesses, result in the disclosure of confidential information, damage its reputation and causelosses
(b) A failure to protect GSI’s computer systems, networks and information, and its clients’ information, against cyber attacks and similar threats could impair its ability to conduct its businesses, result in the disclosure, theft or destruction of confidential information, damageits reputation and cause losses
(c) GSI may incur losses as a result of ineffective risk management processes and strategies
(d) GSI may incur losses as a result of unforeseen or catastrophic events, including pandemics, terrorist attacks, extremeweather events or other natural disasters
(e) Climate change concerns could disrupt GSI’s businesses, adversely affect client activity levels, adversely affect the creditworthiness of its counterparties and damage its reputation
(f) GSI is reliant on GSG and other GS Group affiliates for client business, various services and capital
OPERATIONAL RISKS. Operational risks with Magnasale are inherent in every CFD transaction. Disruptions in Magnasale’s operational processes, such as communications, computers, networks or external factors may cause delays in the execution and settlement of orders. Magnasale does not accept or bear any liability whatsoever in relation to its operational processes, except to the extent they were caused by negligence, wilful default or fraud.
OPERATIONAL RISKS. LBF’s revenue is dependent on the continuity of operation of its Iron-Making Facilities and Steel-Making Facilities. The operation of LBF involves certain risks, including but not limited to, breakdown, failure in the performance of its equipment, unexpected wear and tear or unexpected degradation, power failure and/or any interruption in its operations as a result of any failure to comply with all applicable laws, regulations and standards in Malaysia. Frequent or prolonged occurrence of any of the foregoing may have a material and adverse impact on LBF’s business, financial condition and the results of LBF’s operations.
OPERATIONAL RISKS. Operational risk pertains to the risk of loss resulting from inadequate or failing internal processes, employees, or systems, or external events. It covers human errors, fraud, information system failures, issues related to staff management, commercial disputes, as well as external events such as accidents, fires, floods, etc.
OPERATIONAL RISKS. You are aware of and accept the risk of operational challenges. The Site may experience sophisticated cyber attacks, unexpected surges in activity or other operational or technical difficulties that may cause interruptions to or delays on the Site. You agree to accept the risk of the Services failure resulting from unanticipated or heightened technical difficulties, including those resulting from sophisticated attacks, and you agree not to hold us accountable for any related losses. We will not bear any liability, whatsoever, for any damage or interruptions caused by any viruses that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. We do not guarantee that the Site is or will remain updated, complete, correct or secure, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Site or the software underlying the Services. Accordingly, you should verify all information on the Site before relying on it, and all decisions based on information contained on the Site are your sole responsibility and we will have no liability for such decisions.
OPERATIONAL RISKS. The Company’s website may require frequent maintenance that will be costly and impair its ability to offer the service profitably. Additionally, the Company’s website and software platform will fail to retain users if the service is excessively slow or experiences frequent service outages. The Company will need to mitigate against any random or coordinated internet attacks on its network infrastructure including: data theft, hardware or software vandalism, misuse, illegal use, automated DoS and other known or unknown forms of internet bot, virus or spyware attacks. The Company will need to anticipate and overcome any legal exposures associated with the capturing, warehousing and managing of user data including video, audio and other potentially sensitive personal, financial or other information. A natural disaster or terrorist activity here in the United States or internationally could have a material adverse effect on the Company’s business, results of operations and financial condition. No assurance can be given as to the future viability or value of any of the Company’s intellectual property rights. Furthermore, there can be no assurance that the Company’s business activities will not infringe upon the proprietary rights of others, or that other parties will not assert infringement claims against the Company. The Company will need to protect itself against any proprietary information leaks including: technical specifications, business methods, end user information and client information. The Company’s platform faces risks from future technological developments.
OPERATIONAL RISKS. 14.1. Operational risks with VladoBrokers on your computer are inherent in every OTC transaction. For example, disruptions in VladoBrokers's operational processes such as communications, computers, computer or mobile networks or external events may lead to delays in the execution and settlement of a transaction. VladoBrokers does not accept or bear any liability whatsoever in relation to the operational processes of VladoBrokers, except to the extent that it is caused by the fraud, negligence or dishonesty by VladoBrokers.
OPERATIONAL RISKS. Operational risks with Finalto Asia are inherent in every CFD transaction. Disruptions in Finalto Asia’s operational processes, such as communications, computers, networks or external factors may cause delays in the execution and settlement of orders. Finalto Asia does not accept or bear any liability whatsoever in relation to its operational processes, except to the extent they were caused by negligence, wilful default or fraud.