Part I : Electronic Communications
39. |
Authority, Authenticity and Security
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39.1 |
The Client acknowledges and agrees that the Client accepts full responsibility for the security and authenticity of all communications sent via the Electronic Communications to CIMB or its Affiliates and the Client agrees to be bound by all such communications. CIMB shall be entitled to assume that all instructions or communications received and which bear the Client’s user identification is that of the Client’s and CIMB shall be under no obligation whatsoever to verify that such instructions or communications is in fact that of the Client’s. |
40. |
Use of Electronic Communications |
40.1 |
The Client understands and accepts that:
(a) CIMB is not responsible for order-routing and CIMB cannot execute any order that it has not received;
(b) orders transmitted via the Electronic Communications may not be executed immediately or according to time
priority;
(c) in the case of market orders the Client will receive the price at which the Client’s order is executed on
the Exchange, which may be substantially different from the price at which the Securities are traded when the
Client’s order is placed; and
(d) an order can be cancelled (i) if the Client’s request to cancel the order is received before the order is executed,
or (ii) at the discretion of CIMB.
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40.2 |
In the event that either party suspects that the other is not receiving the correct communication via the Electronic Communications, that party shall communicate with the other using telephone, facsimile, telegraphic and such other devices as may be necessary. |
41. |
Risks Relating to Electronic Communications |
41.1 |
The Client confirms that neither CIMB nor its Affiliates make any representations or warranties whatsoever concerning the Electronic Communications and that all terms, representations, warranties and conditions are hereby excluded to the fullest extent permitted by law. The Client agrees that the Client will use the Electronic Communications at his own risks and will satisfy himself as to whether the Electronic Communications meet his requirements. |
42 |
Withdrawal of Electronic Communications |
41.1 |
CIMB reserves the right to alter, withdraw or stop accepting the Client’s instructions given via the Electronic Communications upon giving seven (7) days notice of its intention to do so. |
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