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not provided us with any false or misleading information. You hereby further warrant that should any information provided during this process becomes invalid, you will immediately
inform us in writing of the change in your circumstances.
18.7 The Client represents and warrants that heshe will not redistribute to any third party
information concerning financial instruments including but not limited to pricing information and chart data on offer by FxPro.
18.8 Further the Client hereby warrants and covenants that:
a the funds, belong to the Client and are free of any lien, charge, pledge or other
encumbrance; b
the funds, are not the direct or indirect proceeds of any illegal act or omission or product of any criminal activity andor proceeds from any predicate offence; and
c heshe acts for hisherself and is not a representative or trustee of a third person,
unless heshe produces to the satisfaction of the Firm documents to the contrary.
18.9 The Client warrants the authenticity and validity of any document sent to FxPro during a the
account opening process and b throughout the duration of the contractual relationship between the parties. It is the responsibility of the Client to inform the Firm immediately upon
any change in his her circumstances. In the event that FxPro believes, in its sole discretion, that any document is missing andor is incorrect to request from you to send such a document
within a set time-frame. If you fail to do so, we may take any action we may deem necessary in the circumstances.
19. EXCLUSION OF LIABILITY
19.1 FxPro bears no responsibility for any loss as a result of any acts andor omissions concluded by
either a natural or legal person that provide the Firm with information in relation to the execution of the Client’s transactions in financial instruments, unless such acts or omissions
were the direct result of fraud on behalf of FxPro.
19.2 FxPro bears no responsibility for any loss of opportunity that results in reduction in the value
of the Client’s transactions in financial instruments, regardless of the cause of such reduction, except to the extent that reduction occurred as a direct consequence of the Firm’s fraudulent
actions.
19.3 The Client acknowledges and accepts that FxPro shall not be liable for any loss that the Client
may suffer whether direct or indirect as a result of the act andor omission of any third party from which the Firm receives services andor otherwise.
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19.4 The Client acknowledges and accepts that the entry into the Agreement as well as the entry
into each specific transaction is carried out at the Client’s sole risk and FxPro assumes no liability for any loss whatsoever including any loss arising in negligence and howsoever
caused, against the Client, unless FxPro has acted fraudulently. Nothing in this clause shall be taken to exclude any liability for death or personal injury.
19.5 To the fullest extent permitted by applicable law, FxPro shall not be liable for any direct,
indirect, consequential, incidental, special loss including but not limited to loss of profits, trading losses or damages that result from the Client entering into the Agreement andor
opening any positions andor entering into any transactions.
19.6 Further, and notwithstanding any other provision in the Agreement, FxPro will not be liable to
the Client as a result of any of the below: a
the Clients’ negligence, fraud, breach of the Agreement, breach of any law andor any other act andor omission of the Client;
b any unavailability of our Platform andor our systems or otherwise is not operable
other than in instances where we have acted fraudulently; c
w here you are unable to access our Platform andor FxPro Direct or any other system
or any delay you may incur in contacting any customer support officer for any reason; d
our compliance with any applicable law or regulation, including where we are required by any regulatory body not to process your instructions because processing your
instructions would or may result in us breaching applicable law; Any other event andor circumstance set out in the Agreement including but not limited to an event
outside our control.
19.7 FxPro shall not be liable for any network or other failure andor inadequacy of such network
required in order for the Client to access FxPro Direct or the Platform. FxPro is not responsible for any delays, delivery failures, failures in transmission of any order or any other
communication or any other loss or damage which results from the transmission of data or information over any network including but not limited to the internet.
19.8 FxPro contracts with various third parties for the provision of certain services, including but
not limited to internet providers, software providers and payment providers amongst others; any services provided by any third party are provided on an ‘as-is’ basis and ‘if available’ basis.
We hereby exclude any warranty, undertaking or representation whether express or implied relating to the functionality, applicability, fitness for purpose or otherwise of such services.
19.9 The Client accepts that FxPro bears no responsibility for any loss, including but not limited to
financial loss, incurred by the Client due to the inability of the latter to access the trading platforms if this has been caused: a due to the Client’s failure to maintain the Software or
otherwise updated as required or b due to any other mechanical, software, computer,
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telecommunications or electronic system failure that could have been controlled by either the Client or the Firm.
19.10 The limitations andor exclusions incorporated in the Agreement apply irrespective of whether
FxPro andor any of its employees andor affiliates where aware that you may incur a loss or make a claim against FxPro.
19.11 FxPro does not accept any responsibility for any loss or damage that might be suffered by you
as a result of you trading on funds which may be placed in your Accounts in error or by us or on our behalf or otherwise. We reserve the right to deduct or claim such money at any time.
19.12 FxPro shall not be liable for any loss that has arisen, in the event that you have trusted andor
followed any instruction andor indication andor advice provided by a third party. The Client understands and accepts that FxPro shall bear no responsibility for any loss that the Client
incurs as a result of the Client following any signal or copy trading.
19.13 The Client accepts that FxPro bears no responsibility for the download, installation and use of
any trading related solutions such as expert advisors or trailing stops from third parties. If it comes to the attention of the Firm that the Client is using any such solutions, contrary to good
faith or to the terms of the Agreement, the Firm has the right to terminate the provision of investment and ancillary services to the latter, according to the Agreement.
20. INDEMNITY
