In view of the above, if you think something is missing or wrong or should be part of the Terms (but is not included) you need to tell us. However, nothing else will be part of the contract between us unless we have expressly agreed in writing that it forms part of the Terms.
Once we have accepted your online application you will be bound by the Terms.
No guarantee representation or warranty is made that you will make a profit. You may incur substantial losses.
The above confirmations will be deemed repeated each time you access the data referred to above.
Other than where we have expressly reserved the right in the Terms to make changes we may amend or replace the Terms in whole or in part by giving written notice to you of the changes. We will only make changes for good reason including as a result of market conditions, changes in the way we operate our business, changes in the Services to be provided to you, changes in the cost of providing a Service to you and changes in legal or other requirements affecting us. Circumstances in which we may make changes also include to reflect changes in accepted industry guidance and codes of practice which have as their objective, consumer protection.
Subject to clauses 13.2 and 13.3 the amendments or new Terms apply as at and after the effective date of the change.
We do not exclude or limit our liability to you in relation to the matters in clause 16.2. Subject to that, we are not liable to you for any of the following, even if they arise as a result of our breach of the Terms: -
The above exclusions apply even if we had been advised of the possibility that you might incur them and apply in particular to losses, liabilities and expenses (as above) in relation to: -
If you or we decide in a particular instance not to take action in respect of a particular breach of the Terms or not to require compliance with any particular Term, that will not stop either of us : -
This means in particular in the case of I-TRADERS, that if we have not insisted on compliance in the past we can still require full compliance in the future (but we would notify you of that).
January 2009