Without limiting our rights to take the action set out in clause
- Each of us or you may terminate this Agreement by giving the other reasonable notice (in writing). Nothing in this clause
- Effects our other rights in this Agreement. Further, each indemnity provided by you in this Agreement survives termination. On termination of this Agreement, without restricting any of our other rights in this Agreement, we may do one or more of the following:
(a) close your Account;
(b) settle any Transaction which has not at the time of termination settled;
(c) enter into one or more Transactions to effect the Close Out of one or more unsettled
Transactions or Open Positions (and determine the value at which the Transaction or Transactions will be Closed Out);
(d) cancel any Orders;
(e) do or refrain from doing anything which we consider appropriate in the circumstances;
(f)exercise any of our other rights in this Agreement.
- we’re not liable to you for any loss, expense, Cost or liability that you suffer or incur because of any failure of the Platform, data or service interruptions, transmission failure or delays or similar technical errors arising out of or in connection with the use, operation, performance and/or error or malfunction of the Platform, other than as a result of our fraud, willful default or negligence;
-(b) we’re not liable to you for any removal of Profits or Losses you might suffer due to errors in quotes which are the result of our typing errors, feed errors or any incorrect perception of information that you enter into the system other than as a result of our fraud, willful default or negligence;
-(c) we’re entitled to make the necessary corrections in your Account based on the market value of the relevant Underlying Asset the time an error occurs;
-(d) the price of your Contract may change in the time between when we initially offer it to you and when we receive your Order, because of delays in transmission between you and us. If we offer automatic Order execution to you, we’re entitled to change the price at which your order is executed to the market value at the time we receive the Order from you;
-(e) our Platform may be available in several versions, which can vary regarding certain
features, including but not limited to the level of security applied and products and services available. We’re not liable to you for any loss, expense, Cost or liability that you suffer or incur because you’ve used a different version of the Platform than our current standard version (with all available updates installed);
-(f) you’re responsible for all Orders and for the accuracy of all information sent via the Platform using your name, password or any other means of personal identification implemented to identify you;
-(g) you must keep all passwords secret and ensure that no one else accesses your Account;
-(h) you’re liable to us for Contracts executed via your password even if you haven’t allowed your password to be used or your Account is wrongfully accessed;
-(i) any Confirmation that we send or make available to you on the Platform is our confirmation of a Contract, regardless of whether the Platform confirms that the Contract is executed immediately when you send your instructions.
Internet, connectivity delays, and price feed errors sometimes create a situation where the price displayed on Dominion Markets online facility do not accurately reflect the market rates. Dominion Markets does not permit the practice of latency arbitrage and HFT (high frequency trading) with hedging on Dominion Markets trading platform. Transactions based on latency arbitrage and HFT (high frequency trading) with hedging may be revoked without any prior notice. Dominion Markets reserves the right to make any necessary adjustments or corrections on accounts involved without any prior notice. You agree that any dispute arising from such execution or quoting errors will be resolved by Dominion Markets in their sole and absolute discretion. Dominion Markets shall have no obligation to contact you about occurrences of trades suspected to involve latency arbitrage and HFT (high frequency trading) with hedging and any subsequent corrections. You agree to indemnify and hold Dominion Markets, it’s directors, employees, and agents harmless from and against any and all liabilities, losses, damages, costs, and expenses.