Client agrees to indemnify and hold harmless GMI, its affiliates, employees, agents, successors and assigns from and against all liabilities, losses, damages, costs and expenses (including attorneys’ fees) arising from Client’s failure to fully and timely perform Client’s obligations under this Agreement, or any untrue or inaccurate representations and warranties made by Client. Client also agrees to promptly pay GMI for all damages, costs and expenses (including attorneys’ fees) incurred by GMI as a result of GMI’s enforcement of any provision of this Agreement and any other arrangements between GMI and Client. Client also agrees that he/she will not hold GMI responsible for any losses, liabilities, judgments, legal disputes, actions, proceedings, claims, damages and/or expenses incurred by GMI as a result of any acts or omissions by any other person who gains access to Client’s account by using the account number and/or password and/or security details assigned to Client. GMI is not liable for any default, omission, error or mistake of any third party or affiliate, unless the appointment of such third party is due to GMI's own negligence, fraud or wilful default.
Certain information relating to GMI's services is provided by third parties and the Company is not responsible for any inaccuracies, errors or omissions in the information, unless such inaccuracies, errors or omissions are due to GMI's gross negligence, fraud or intent in appointing the third party.
Without prejudice to any other provision of this Agreement, GMI will not be liable for any loss, expense or cost incurred by the Client as a result of: (a) any delay or defect in part or all of the GMI Electronic Trading Services software, other systems, network links or other means of communication; or (b) any computer virus, worm, software bomb or similar item introduced into the Client's computer hardware or software through the GMI Electronic Trading Services, unless such loss, expense or cost is due to GMI's own gross negligence, fraud or wilful default. Without prejudice to any other terms of this Agreement, GMI shall not be liable for any losses, expenses or costs suffered by the Client as a result of: (a) the Client’s inability to conduct or complete a Transaction; or (b) any cause beyond GMI’s reasonable control, the consequences of which cannot be avoided within GMI’s reasonable control. Without prejudice to any other terms of this Agreement, GMI will not be liable for incidental damages arising from any primary loss or damage, nor for any unforeseeable consequences of any breach of any act or omission by GMI, including but not limited to loss of business, loss of profits, loss that could not be avoided in a timely manner, loss of data, corruption of data, loss of goodwill or reputation.