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b
once you receive through an e-mail access codes specifically the account number and password the ‘Access Codes’ that enable you to log-in to the trading platforms in
order to send andor modify instructions for the purposes of trading CFDs, ensure that you are able to log-in prior to commencing any trading activity.
7.2 Note that internet connectivity is important to ensure that you are able to receive our services.
It is your obligation to ensure that you have set up everything in order for you to be able to receive our services and we shall not be responsible to assist you with anything further.
7.3 The Software, which may have been developed by a third party, is provided on an ‘as-is’ basis.
FxPro will ensure, but cannot guarantee that the Software supports data security protocols compatible with the protocols used by the Firm nor that it is free of any errors or any other
deficiencies.
7.4 FxPro will, to a reasonable extent, maintain the Software and other related systems updated.
Therefore, the Client accepts that the Firm or a relevant third party may, from time to time, perform maintenance that may include shutting down, restarting, or refreshing the servers to
ensure or procure to ensure the effective and efficient operation of the trading platforms or other related systems; these actions may cause the trading platforms or other related
systems to be inaccessible andor inoperable for a period of time. The Client accepts that the Firm bears no responsibility for any loss, including financial loss, andor loss of opportunity
caused due to any of the above andor due to any other action andor omission of the Firm andor the Software provider.
8. SECURITY, AUTHENTICITY AND ACCESS
8.1 The Client shall be solely responsible for any instructions sent andor received from the Client
or hisher Authorised Representative. For the avoidance of doubt, the Firm does not consider the Authorised Representative as a
Client, however following the Firm receiving a duly executed ‘Power of Attorney’ the Authorised Representative may send instructions to the Firm and the Firm may act upon such
instructions, without the need on the Firm’s part for confirming the authenticity or validity or otherwise of the instructions.
8.2 The Client shall be solely responsible for setting up hisher own password and keeping hisher
Access Codes confidential at all times. It is the Client’s responsibility to keep all information with regards to hisher dealings with FxPro including correspondence or log-in details
confidential. We may rely on this information and may treat any person who accesses your Access Codes or any other details as being you without enquiring into this further.
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8.3 If, under any circumstances, the Client reveals the Access Codes to any person, whether
intentionally or unintentionally, the Firm shall bear no responsibility for any loss that arises, including but not limited to financial loss andor loss of opportunity as a result of the Client’s
actions andor omissions.
8.4 The Client
accepts that FxPro bears no responsibility if a person attains through unauthorised access any information, including information regarding Client’s trading, whilst such
information is being transmitted from the Client to the Firm or any other party authorised by
the Firm and vice versa; such transmission may either occur through electronic or other means.
8.5 If you have not carried any activity andor transactions for a certain period of time that the
Firm may in its reasonable opinion determine, we reserve the right to carry out additional checks andor request additional documentation, before we allow you to carry-out any activity
with us.
8.6 The Client shall immediately inform FxPro if it comes to hisher attention that the Access Codes
or any other information have been used or have become known, either for trading or other purposes, without hisher express consent. The Client accepts that FxPro is unable to identify
any instances when a person, other than the Client or hisher Authorised Representative, is logging-in to the trading platforms or Accounts without the Client’s express consent.
8.7 The Client
accepts that FxPro reserves the right to terminate the Client’s access to the trading platforms andor other Accounts in order to ensure andor restore the orderly operation of
the trading platforms and protect the interests of both the Clients and the Firm; under such
circumstances FxPro may, at its discretion, close any of the Client’s Accounts andor otherwise as per the terms contained in the Agreement.
8.8 The Client understands that where we have sufficient reason to believe that you have been
acting contrary to good faith or where you may have engaged in illegal andor immoral activity andor in instances where the continuation of the provision of our services might result in a
breach of our regulatory or other obligations, we have the right to temporarily andor permanently suspend your access to the platforms andor FxPro Direct andor Accounts
andor terminate the Agreement in its entirety andor place any internal restrictions andor take any other action as we may deem fit in the circumstances.
8.9 It is your responsibility to ensure that you are able to access the trading platforms or
Accounts when you need to and subject to their availability or want to and when they are available; this responsibility includes having access to the appropriate device that can connect
to the trading platforms and maintaining the device so that it functions properly.
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8.10 FxPro will use reasonable endeavours to make our platforms systems services or otherwise
available when required by the Client, but cannot guarantee that the trading platforms or access to the Accounts andor otherwise will be available continuously for reasons including,
but not limited, to the following:
a Failures andor errors, including technological failure or internet failure which may
affect the access to the systems or the systems of a third party, which either the Client or the Firm relies on;
b S
uspension of service availability for maintenance, repairs, updates, developments and other issues. The Firm shall exercise reasonable efforts to carry out such activities
outside normal trading hours; however, if this is not possible, the Firm will exercise reasonable endeavours to provide you with notice.
9. INSTRUCTIONS AND ORDERS
