Our Liability to You. 24.1 We (including our directors, officers and agents) shall not be responsible to you or any third party for: (a) any loss, expense, cost or damages (together "Loss") you suffer or incur as a result of our/their acts or omissions unless and to the extent that such Loss is suffered or incurred as a result of our/their fraud, negligence or wilful default; (b) any Loss which is not a foreseeable result of us breaching this Agreement, including but not limited to, loss of future profit, loss of business, loss of goodwill or reputation, loss or corruption of data or loss of opportunity; (c) any Loss you suffer or incur as a result of any error in any Order or instruction which is, or appears to be, made using your Access Code; (d) any Loss you suffer as a result of your use of or inability to use Third Party Software; (e) any decline in the value of your investments; (f) any delay or change in market conditions before any Transaction is effected; (g) the solvency, acts or omissions of any third party (except where we have been negligent in appointing that third party); (h) any delay, failure or error by you in implementing any reasonable instruction we have provided to you; (i) any inaccurate or incomplete instructions received from you; (j) any losses you suffer as a result of any other person, whether authorised or unauthorised by you, gaining access to your Account using your Access Code or by any other means; (k) inaccessibility or disruption to, or errors or defects with, or viruses, worms or software bombs spreading from, the Trading Platform unless due to our fraud, negligence or wilful default; (l) any interruption or destruction to the Trading Platform due to circumstances beyond our reasonable control; (m) our refusal to execute any Transaction; (n) any Account Adjustment (including without limitation, the reversal or amendment of any Transaction); (o) any failure, delay or error in executing or confirming any Transaction; or (p) us exercising or failing to exercise our rights under this Agreement (including, without limitation, in the circumstances set out in paragraph 13.13). 24.2 Nothing in this Agreement excludes or restricts any duty or liability we owe you under any Applicable Law, and if there is any conflict between this Agreement and the provisions of any Applicable Law, the provisions of the Applicable Law shall prevail. 24.3 Nothing in this Agreement or otherwise shall oblige us to do anything we believe to be contrary to Applicable Law.
Appears in 5 contracts
Sources: Retail Clients Terms of Business, Retail Clients Terms of Business, Retail Clients Terms of Business
Our Liability to You. 24.1 We (including our directors, officers and agents) shall not be responsible to you or any third party for:
(a) any loss, expense, cost or damages (together "Loss") you suffer or incur as a result of our/their acts or omissions unless and to the extent that such Loss is suffered or incurred as a result of our/their fraud, negligence or wilful default;
(b) any Loss which is not a foreseeable result of us breaching this Agreement, including but not limited to, loss of future profit, loss of business, loss of goodwill or reputation, loss or corruption of data or loss of opportunity;
(c) any Loss you suffer or incur as a result of any error in any Order or instruction which is, or appears to be, made using your Access Code;
(d) any Loss you suffer as a result of your use of or inability to use Third Party Software;
(e) any decline in the value of your investments;
(f) any delay or change in market conditions before any Transaction is effected;
(g) the solvency, acts or omissions of any third party (except where we have been negligent in appointing that third party);
(h) any delay, failure or error by you in implementing any reasonable instruction we have provided to you;
(i) any inaccurate or incomplete instructions received from you;
(j) any losses you suffer as a result of any other person, whether authorised or unauthorised by you, gaining access to your Account using your Access Code or by any other means;
(k) inaccessibility or disruption to, or errors or defects with, or viruses, worms or software bombs spreading from, the Trading Platform unless due to our fraud, negligence or wilful default;
(l) any interruption or destruction to the Trading Platform due to circumstances beyond our reasonable control;
(m) our refusal to execute any Transaction;
(n) any Account Adjustment (including without limitation, the reversal or amendment of any Transaction);
(o) any failure, delay or error in executing or confirming any Transaction; or
(p) us exercising or failing to exercise our rights under this Agreement (including, without limitation, in the circumstances set out in paragraph 13.1313.7).
24.2 Nothing in this Agreement excludes or restricts any duty or liability we owe you under any Applicable Law, and if there is any conflict between this Agreement and the provisions of any Applicable Law, the provisions of the Applicable Law shall prevail.
24.3 Nothing in this Agreement or otherwise shall oblige us to do anything we believe to be contrary to Applicable Law.
Appears in 4 contracts
Sources: Retail Clients Terms of Business, Retail Clients Terms of Business, Retail Clients Terms of Business
Our Liability to You. 24.1 We (including our directors, officers and agents) shall not be responsible to you or any third party for:
(a) any loss, expense, cost or damages (together "Loss") you suffer or incur as a result of our/their acts or omissions unless and to the extent that such Loss is suffered or incurred as a result of our/their fraud, negligence or wilful default;
(b) any Loss which is not a foreseeable result of us breaching this Agreement, including but not limited to, loss of future profit, loss of business, loss of goodwill or reputation, loss or corruption of data or loss of opportunity;
(c) any Loss you suffer or incur as a result of any error in any Order or instruction which is, or appears to be, made using your Access CodeCodes;
(d) any Loss you suffer as a result of your use of or inability to use Third Party Software;
(e) any decline in the value of your investments;
(f) any delay or change in market conditions before any Transaction is effected;
(g) the solvency, acts or omissions of any third party (except where we have been negligent in appointing that third party);
(h) any delay, failure or error by you in implementing any reasonable instruction we have provided to you;
(i) any inaccurate or incomplete instructions received from you;
(j) any losses you suffer as a result of any other person, whether authorised or unauthorised by you, gaining access to your Account using your Access Code or by any other means;
(k) inaccessibility or disruption to, or errors or defects with, or viruses, worms or software bombs spreading from, the Trading Platform unless due to our fraud, negligence or wilful default;
(l) any interruption or destruction to the Trading Platform due to circumstances beyond our reasonable control;
(m) our refusal to execute any Transaction;
(n) any Account Adjustment (including without limitation, the reversal or amendment of any Transaction);
(o) any failure, delay or error in executing or confirming any Transaction; or
(p) us exercising or failing to exercise our rights under this Agreement (including, without limitation, in the circumstances set out in paragraph 13.1313.7).
24.2 Nothing in this Agreement excludes or limits our liability for death, personal injury caused by our negligence, fraud or fraudulent misrepresentation.
24.3 Nothing in this Agreement excludes or restricts any duty or liability we owe you under any Applicable Law, and if there is any conflict between this Agreement and the provisions of any Applicable Law, the provisions of the Applicable Law shall prevail.
24.3 24.4 We accept the liabilities of any nominee company controlled by us, in respect of any requirement of the FCA’s custody rules, and on the same extent and terms as we do for ourselves pursuant to this Agreement.
24.5 Nothing in this Agreement or otherwise shall oblige us to do anything we believe to be contrary to Applicable Law.
Appears in 3 contracts
Sources: Terms of Business, Terms of Business, Terms of Business
Our Liability to You.
24.1 We (including our directors, officers and agents) shall not be responsible to you or any third party for:
(a) any loss, expense, cost or damages (together "Loss") you suffer or incur as a result of our/their acts or omissions unless and to the extent that such Loss is suffered or incurred as a result of our/their fraud, negligence or wilful default;
(b) any Loss which is not a foreseeable result of us breaching this Agreement, including but not limited to, loss of future profit, loss of business, loss of goodwill or reputation, loss or corruption of data or loss of opportunity;
(c) any Loss you suffer or incur as a result of any error in any Order or instruction which is, or appears to be, made using your Access CodeCodes;
(d) any Loss you suffer as a result of your use of or inability to use Third Party Software;
(e) any decline in the value of your investments;
(f) any delay or change in market conditions before any Transaction is effected;
(g) the solvency, acts or omissions of any third party (except where we have been negligent in appointing that third party);
(h) any delay, failure or error by you in implementing any reasonable instruction we have provided to you;
(i) any inaccurate or incomplete instructions received from you;
(j) any losses you suffer as a result of any other person, whether authorised or unauthorised by you, gaining access to your Account using your Access Code or by any other means;
(k) inaccessibility or disruption to, or errors or defects with, or viruses, worms or software bombs spreading from, the Trading Platform unless due to our fraud, negligence or wilful default;
(l) any interruption or destruction to the Trading Platform due to circumstances beyond our reasonable control;
(m) our refusal to execute any Transaction;
(n) any Account Adjustment (including without limitation, the reversal or amendment of any Transaction);
(o) any failure, delay or error in executing or confirming any Transaction; or
(p) us exercising or failing to exercise our rights under this Agreement (including, without limitation, in the circumstances set out in paragraph 13.1313.7).
24.2 Nothing in this Agreement excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation.
24.3 Nothing in this Agreement excludes or restricts any duty or liability we owe you under any Applicable Law, and if there is any conflict between this Agreement and the provisions of any Applicable Law, the provisions of the Applicable Law shall prevail.
24.3 24.4 Nothing in this Agreement or otherwise shall oblige us to do anything we believe to be contrary to Applicable Law.
Appears in 2 contracts
Sources: Terms of Business, Terms of Business
Our Liability to You. 24.1 20.1 We (including our directors, officers and agents) shall not be responsible to you or any third party for:
(a) any loss, expense, cost or damages (together "Loss") you suffer or incur as a result of our/their acts or omissions unless and to the extent that such Loss is suffered or incurred as a result of our/their fraud, negligence or wilful willful default;
(b) any Loss which is not a foreseeable result of us breaching this Agreement, including but not limited to, loss of future profit, loss of business, loss of goodwill or reputation, loss or corruption of data or loss of opportunity;
(c) any Loss you suffer or incur as a result of any error in any Order or instruction which is, or appears to be, made using your Access Code;
(d) any Loss you suffer as a result of your use of or inability to use Third Party Software;
(e) any decline in the value of your investments;
(f) any delay or change in market conditions before any Transaction is effected;
(g) the solvency, acts or omissions of any third party (except where we have been negligent in appointing that third party);
(h) any delay, failure or error by you in implementing any reasonable instruction we have provided to you;
(i) any inaccurate or incomplete instructions received from you;
(j) any losses you suffer as a result of any other person, whether authorised authorized or unauthorised unauthorized by you, gaining access to your Account using your Access Code or by any other means;
(k) inaccessibility or disruption to, or errors or defects with, or viruses, worms or software bombs spreading from, the Trading Platform unless due to our fraud, negligence or wilful willful default;
(l) any interruption or destruction to the Trading Platform due to circumstances beyond our reasonable control;
(m) our refusal to execute any Transaction;
(n) any Account Adjustment (including without limitation, the reversal or amendment of any Transaction);
(o) any failure, delay or error in executing or confirming any Transaction; or
(p) us exercising or failing to exercise our rights under this Agreement (including, without limitation, in the circumstances set out in paragraph 13.13)Agreement.
24.2 20.2 Nothing in this Agreement excludes or restricts any duty or liability we owe you under any Applicable Law, and if there is any conflict between this Agreement and the provisions of any Applicable Law, the provisions of the Applicable Law shall prevail.
24.3 20.3 Nothing in this Agreement or otherwise shall oblige us to do anything we believe to be contrary to Applicable Law.
Appears in 2 contracts
Sources: Terms of Business, Terms of Business