FASTEX EXCHANGE FZE BROKER-DEALER SERVICES TERMS
These Fastex Exchange FZE (“Fastex”) Broker-Dealer Services Terms (“Broker-Dealer Terms”) set out the specific terms that apply to you when trading Assets using Broker-Dealer Services.
The Broker-Dealer Terms constitute Product Terms and apply to you in addition to the general Terms of Use available here, which apply to all Fastex Services and not just Broker-Dealer Services.
Capitalised words in these terms shall have the same meaning which are given to those words in the general Terms of Use, unless otherwise defined in these Broker-Dealer Terms. If a term in these Broker-Dealer Terms conflicts with or differs from a term in the general Terms of Use, these Broker-Dealer Terms shall prevail.
1. About us
Fastex provides Virtual Asset Exchange Services and Virtual Asset Broker-Dealer Services from the Emirate of Dubai.
2. Broker-Dealer Services
2.1. Fastex provides the following Broker-Dealer Services:
2.1.1. One click buy and sell (‘OCBS’); and
2.1.2. OTC transactions.
2.2. Some of the terms in these Broker-Dealer Terms will only apply to certain Services. If you do not use those Services then those terms will not be part of your agreement with us. We will always be clear which terms apply to which Service, but please contact us if anything is unclear.
2.3. When you enter into Transactions that are governed by these Broker-Dealer Terms, the Transactions will be directly entered into by you with Fastex. This means that Fastex acts as principal, or matched principal, to these Transactions and is therefore the counterparty to all client trades, irrespective of the type of instrument traded. Therefore, you will be dealing directly with us and not on any underlying market or with a separate counterparty.
2.4. You agree that you will enter into all Transactions as principal and not as agent on behalf of any other party, unless otherwise expressly agreed by Fastex in writing. Subject to the foregoing, Fastex’s duties and obligations under these Broker-Dealer Terms and any Transaction shall be solely to you and, unless expressly agreed otherwise, Fastex accepts no duties, obligations or responsibilities to any other party, regardless of whether Fastex is made aware of any such third-parties.
2.5. You acknowledge and agree that the Broker-Dealer Services are provided on a non-advised basis, meaning that Fastex will not provide you with any advice as to the merits of any Transactions. You acknowledge and agree that you are solely responsible for any decisions taken in respect of any Price Request, Orders, instructions, or Transactions. Fastex will not provide you with any investment, legal, tax or other form of advice, nor can you request any such advice from Fastex.
2.6. Fastex offers no representation as to, or guarantee of, liquidity in any Asset and you acknowledge and agree that Fastex has no ability to control liquidity and that it assumes no responsibility for any loss experienced by you which is caused by or contributed to by illiquidity in any Asset.
2.7. Please refer to the Risk Warning on our Website for a full disclosure of all risks relating to the trading of Virtual Assets. You acknowledge and agree that you shall bear the sole responsibility and risk in relation to Transactions entered into by you pursuant to these Broker-Dealer Terms.
2.8. Our Broker-Dealer Services are not an exchange or market. This means that you can only enter into trades with us, and not with third parties. Your Orders are therefore executed outside a regulated exchange or multilateral trading facility and you have given us express consent to trade for you in this manner. Should you prefer to enter into Transactions on an exchange, please refer to the Exchange Trading Rules available, which contain the terms upon which we provide Virtual Asset Exchange Services.
3. Definitions
For the purpose of these Broker-Dealer Terms, the following terms shall have the following meanings, whether used in the singular or plural form.
“Agreed Communication Channel” means such methods of communication as approved by Fastex and agreed between you and Fastex from time to time, which may include (without limitation) telephone, email, Chat Service, third party messaging services and the Platform. Fastex may withdraw the use of an Agreed Communication Channel at any time for any reason by notice to you.
“Assets” means Fiat Currency or Virtual Assets.
“Broker-Dealer Services Rulebook” means the VARA rulebook governing Broker-Dealer Services maintained on the VARA website, as amended from time to time.
“Broker-Dealer Services” or “Services” means the Services described in sub-clause 2.1 to these Broker-Dealer Terms provided by Fastex or any Fastex Affiliate or third party in connection therewith.
“Broker-Dealer Terms” means these terms and conditions upon which we conduct any Transactions.
“Cost” means all expenses incurred by you and which are directly related to the execution of the Order. This may include the commission or the spread, both to the extent applicable or charged, or any other fee that may apply from time to time.
“Expiry Time” means the latest time for execution (if any) specified by you.
“Manifest Error” means any error, omission or misquote (whether an error of Fastex or any third party) which is manifest or palpable, including a misquote by any representative of Fastex taking into account the current market and currently advertised quotes, or any error or lack of clarity of any information, source, commentator, official, official result or pronunciation. The fact that you may have entered into, or refrained from entering into, a corresponding financial commitment, contract or trade in reliance on a Transaction entered into with Fastex (or that you have suffered or may suffer any loss whether direct, indirect, consequential or otherwise) is deemed irrelevant as a factor and shall not be taken into account in determining whether a situation amounts to a Manifest Error.
“OCBS” means “one-click buy and sell”.
“Order” means an instruction issued by you to Fastex through an Agreed Communication Channel in such form as specified by Fastex from time to time, which shall constitute a request to enter into a Transaction on the basis of a price provided by Fastex, or on the basis of the parameters as set out in the Order.
“OTC” means any bilateral over-the-counter Transaction entered into between Fastex and you pursuant to an Order submitted by you (or on your behalf) to Fastex through an Agreed Communication Channel.
“Price Request” means a request made by you through an Agreed Communication Channel for a price or quote in connection with the Broker-Dealer Services.
“Related Persons” means any affiliates, their respective directors, shareholders,members, officers, employees, attorneys, agents, representatives, suppliers or contractors.
“Risk Warning” means the general risk warning published on the Fastex Website.
“Terms of Use” means the Fastex general Terms of Use concluded between Fastex and each user, governing the use of Fastex Services, as amended from time to time.
“Trade Confirmation” means a written confirmation, setting out the terms of a Transaction.
“Trading Limits” has the meaning given to this term in sub-clause 9.1.
“Transaction” means any bilateral OTC transaction entered into between Fastex and you through an Agreed Communication Channel pursuant to these Broker-Dealer Terms.
“Virtual Assets” means those Supported Virtual Assets that are available in connection with the use of the Broker-Dealer Services.
“Virtual Asset Exchange Services” means the facilitation of an exchange, or trading venue for the matching of orders.
“Website” means the website https://Fastex.com/en-uae including all of its sub-domains.
4. OCBS and OTC Services
Price Requests
4.1. To initiate a Price Request, you must specify the type and amount of the Assets to be converted and the type of Assets to be received pursuant to such Transaction.
4.2. Following a Price Request, Fastex may (but is not obliged to) provide a non-binding, indicative and discretionary price, which you may accept or decline within such a period of time as Fastex may, in its sole discretion, specify.
4.3. Your acceptance of the price will result in the submission of an Order. Submission of an Order authorises Fastex to temporarily lock the requisite amount of relevant Assets in your Account until the Transaction is completed (subject to Fastex’s right to reject any such Order).
4.4. If Fastex accepts the Order, Fastex will guarantee the price of the requested Transaction (regardless of price movement) as well as the amount of the relevant Assets that are to be converted and provided to the User pursuant to such Transaction.
Placing an Order
4.5. An Order is any request placed by you with us as part of our Broker Dealer Services, to purchase or to sell or otherwise deal in Assets, either upon receipt of a price provided by us, or at a later point in time on the basis of certain parameters as specified by you. We will need to accept your Order for it to take effect and the acceptance and subsequent execution of an Order results in a Transaction.
4.6. You can place an Order through an Agreed Communication Channel. We generally do not accept Orders over the phone, but may do so at our discretion. Fastex provides no representations as to the accuracy or fitness for purpose of any Agreed Communication Channel, nor does Fastex accept any responsibility for any loss incurred by you arising out of or in connection with your use of an Agreed Communication Channel
4.7. Depending on the type of Transaction you would like to enter into, each Order should include such details as requested by Fastex from time to time, including (without limitation), the relevant trading pair, the price (which must be the latest price received from Fastex which shall not have expired or been withdrawn by Fastex) and the applicable notional amount (which shall comply with any Trading Limits that may be specified by Fastex from time to time).
4.8. Once an Order has been accepted by Fastex, subject to sub-clauses 4.9 and 4.10 below, you will not be permitted to cancel the requested Transaction or to transfer, withdraw, or otherwise trade the Assets that are the subject of the Transaction. Fastex shall not be held responsible for any potential loss, whether direct or indirect, or opportunity cost in connection with any price change of the Asset subject to the Transaction during this settlement period.
Cancellation of an Order
4.9. Certain Orders may be cancelled or amended by contacting Fastex through an Agreed Communication Channel, provided such Orders have not yet been executed. Fastex may in its sole discretion accept or reject any request to amend or cancel an Order. To the extent that Fastex accepts your request to amend an existing Order, the amended Order will be treated as a new Order placed by you. Fastex will execute Orders in accordance with these Broker-Dealer Terms and any other applicable terms provided on the Website.
4.10. Once executed, an Order cannot be withdrawn, cancelled or amended by you unless otherwise permitted by Fastex in its sole discretion.
Acceptance or rejection of an Order by Fastex
4.11. An Order submitted by you, or on your behalf, through an Agreed Communication Channel constitutes an offer by you to enter into a Transaction between you and Fastex on the terms set out in such Order, which may be accepted or rejected by Fastex in its sole discretion.
4.12. Acceptance by Fastex of any Order which does not comply with all of the requirements set out in sub-clause 4.7 shall not obligate Fastex to accept any subsequent non-conforming Order.
4.13. Where any Order is ambiguous or inconsistent with any other Order placed by you, Fastex shall be entitled to, in good faith, reasonably interpret the instructions relating to that Order and rely and act on the same.
4.14. Fastex may in its sole discretion reject an Order for any reason whatsoever and nothing in these Broker-Dealer Terms or the Terms of Use (or otherwise) obliges Fastex to enter into any Transaction with you in response to an Order. Fastex may refuse to enter into any Transaction, accept or otherwise act on any Order without providing any reason or notice to you.
4.15. Fastex shall be entitled (but not obliged) to verify and be satisfied with respect to the identity of the person purporting to give any Order or the source and origin of any Order. Fastex may choose not to rely or act upon any Order unless and until Fastex is satisfied as to the matters on which Fastex sought verification. An Order which is not received by Fastex for any reason, including the failure or delay of any Agreed Communication Channel, shall be deemed rejected.
Execution of an Order and entry into a Transaction
4.16. Fastex may execute an Order (or part of an Order) through the Platform, with a third party liquidity provider, or with a Fastex Affiliate. The execution of an Order shall constitute a binding agreement to a Transaction between you and Fastex on the terms of such Order.
4.17. Fastex will provide express confirmation of the execution of an Order through an Agreed Communication Channel with confirmation that the related Transaction is “done” or has otherwise been “executed”. This will constitute a binding agreement to a Transaction between Fastex and you on the terms of the relevant Order. You acknowledge and agree that, subject to the rights of Fastex as otherwise set out in these Broker-Dealer Terms, a Transaction cannot be cancelled, amended or unwound once entered into without the consent of both parties, regardless of whether the corresponding Order was provided as a result of any inaccuracy or error by you, including in relation to the terms of the Transaction.
4.18. If you do not receive a message through an Agreed Communication Channel indicating that an Order has been accepted and that a Transaction has been entered into promptly after submitting the Order to Fastex, you must promptly contact Fastex through an Agreed Communication Channel to confirm the status of the relevant Transaction.
4.19. Fastex may provide you with a Trade Confirmation. You shall be responsible for comparing any Trade Confirmation or other record of any Transaction entered into between you and Fastex pursuant to the Broker-Dealer Services to your own records of Orders and Transactions entered into with Fastex and shall promptly notify Fastex of any discrepancies.
4.20. In the case of Orders executed on the basis of parameters determined by you, the Accepted Order may be executed by Fastex in whole or in part at any time after acceptance but no later than the Expiry Time. Fastex may notify you of such execution through an Agreed Communication Channel, but any failure or delay in Fastex providing such notice to you shall not affect the effectiveness of such Transaction. Any Order (or part of any Order) not executed prior to the Expiry Time shall expire at such Expiry Time. Fastex provides no guarantee that any Order can be filled in its entirety as this depends on factors outside of Fastex’s control. Fastex may add or remove available types of Orders at its sole discretion.
Cancellation of a Transaction
4.21. Unless otherwise determined by Fastex, a Transaction cannot be cancelled once executed.
4.22. Fastex may, in its sole discretion and in accordance with Applicable Law: (i) cancel or void any Transaction; (ii) treat any Transaction as if it had never been entered into; or (iii) amend the price of such Transaction, where Fastex determines, or has reason to believe, that any of the following events have occurred:
4.22.1. The price at which the Transaction is executed differs materially from the prevailing market price for the relevant Transaction at such time, or is otherwise erroneous in nature, due to the transmission of one or more incorrect prices by Fastex and/or in the event of extreme market volatility; or
4.22.2. You enter into a Transaction with improper intent or Fastex suspects market abuse practices have occurred, including (without limitation), an attempt by you to capitalise on opportunities where the executable price of a Transaction does not reflect the prevailing market rate, or taking unfair advantage of the way in which Fastex offers prices.
4.23. Where Fastex cancels a Transaction pursuant to sub-clause 4.22, Fastex will reverse any transfers of Assets that have been made to and/or from your Account in connection with such Transaction as if that Transaction had never taken place. If Fastex amends a Transaction pursuant to sub-clause 4.22, Fastex will confirm the details of the amended terms of the Transaction to you through an Agreed Communication Channel and will effect such transfers of Assets to and/or from your Account as are required to reflect the terms of the amended Transaction.
4.24. You acknowledge and agree that you shall be solely responsible for your own transactions with any third parties that may have been entered into in connection with or reliance on any Transaction(s) that may be subject to any cancellation or amendment pursuant to Fastex’s rights in sub-clauses 4.22 and 4.23.
5. How we price
5.1. All prices offered or quoted by us are ultimately formed, provided and determined by Fastex.
5.2. Prices may include a spread that will be determined by Fastex based on a number of factors and components, including an “FX spread” component and an additional spread component calculated on the basis of the short-term volatility and trading volume of the relevant Assets. You acknowledge that any price provided by Fastex may be inclusive of a bid-ask spread and/or a mark-up determined by Fastex to be appropriate for you and the relevant type of Transactions.
5.3. Prices for Transactions will be provided in response to a Price Request through an Agreed Communication Channel and will consist of either a bid price and an ask price or both a bid price and an ask price, as determined by Fastex in its sole discretion.
5.4. You acknowledge and agree that Fastex shall determine prices in its sole discretion and may discontinue providing prices for some or all Assets.
5.5. Fastex shall have sole discretion as to whether it wishes to respond to a Price Request or Order. The provision of a price by Fastex, whether following a Price Request, or an Order or otherwise, does not constitute an offer to you to enter into a Transaction at that price, nor does it obligate Fastex to accept any subsequent Order submitted by you.
5.6. Prices are proprietary in nature and so the prices made available by Fastex may differ from other prices provided for the relevant l Assets by other providers. Prices are subject to constant change and whilst Fastex seeks to provide prices that are up to date, circumstances may arise where prices provided are invalid by the time that an Order is received by Fastex in relation to that price. Fastex shall determine how long prices remain valid in its sole discretion. Any Order submitted in relation to a price that is no longer valid will be rejected.
5.7. You acknowledge that the prices are provided solely for your use of the Broker-Dealer Services and you may not communicate or otherwise use the prices for any other reason without the prior consent of Fastex, unless otherwise provided herein.
5.8. We do not guarantee that our prices will be the same as, or better than, prices available elsewhere. This could be for a number of reasons, such as adjustments we may make to the prices which we receive, including adding our own spread, adjusting for liquidity in external markets, currency exchange rate differentials and other relevant factors.
5.9. You agree that where a Transaction involves the use of a debit or credit card, Fastex may partner with third party services providers in order to provide such services and that you will be responsible for any relevant fees in this respect.
5.10. Any payments expressed in any Fiat Currencies and which have been made in connection with any Transaction may not be cancelled, recalled or refunded. Any chargeback requests in connection with any Transactions are subject to the relevant third party services provider's policies.
6. Best execution
6.1. Where mandated by Applicable Law, we are required to exercise reasonable diligence to obtain the most favourable price for you under the prevailing market conditions, provided that due consideration is also given to costs, speed, likelihood of execution and settlement, size, nature or any other consideration relevant to the execution of the order to ensure the best possible result for you when entering into Transactions.
6.2. We understand that the best execution result is one that produces the best possible result in combination across all your trades. This means that some trades, taken individually, may be less favourable. Where we reasonably believe that it is in the overall best interest of all our clients, we may combine your Order with our own orders or those of other clients, or we may split your Orders.
6.3. We monitor the effectiveness of our best execution practices on a regular basis to ensure that we consistently achieve the best result for you.
7. Best execution factors
7.1. In providing best execution, we take into account certain ‘execution factors’ which we describe further below. It is our view that generally the best possible result means the total consideration paid. This represents the price of the Asset together with the costs associated with the execution. Notwithstanding this, the speed of executing the trade and the likelihood of the trade being successful may be given precedence if they are instrumental in delivering the best result for you (for example, this may be the case for large orders).
7.2. The factors we consider are as follows:
7.2.1. price;
7.2.2. the characteristics of the market for the Asset including price, spreads, volatility, relative liquidity, and pressure on communications;
7.2.3. the size and type of the Transaction;
7.2.4. the number of markets or other sources of liquidity checked;
7.2.5. accessibility of quotes to trade in the Asset(s) in question under the market conditions prevailing at the relevant time, noting that, even in the event that certain sources of liquidity are not available, we are not relieved from taking reasonable steps and employing our market expertise in seeking to achieve the best execution of Transactions;
7.2.6. the terms and conditions of the Order, as communicated to Fastex; and
7.2.7. any other consideration relevant to the execution of an Order.
7.3. When executing a Transaction, we also take into account certain criteria for determining the relative importance of the execution factors, which include the characteristics of the client and of the Transaction itself.
8. Conflicts of interest
8.1. We are required to act in your best interest when providing the Broker-Dealer Services. However, there may be instances where your interests conflict with our interests, or with another client’s interests. For example:
8.1.1. We will be the counterparty to any Transaction(s);
8.1.2. We are responsible for setting the price of instruments and products which can be traded under the Broker-Dealer Services. This means that our prices will be different from the prices provided by other providers, as well as the current prices on any exchange or trading platform;
8.1.3. We may share dealing charges with our affiliate companies or receive remuneration from them in respect of Transactions carried out on your behalf to the extent permitted under Applicable Law; and
8.1.4. We may enter into arrangements with third parties where we make payments to them or receive payments from them based on your trading activity or volume, where such arrangements are permitted by Applicable Law. These payments may include rebates, commissions, widened spreads and profit sharing.
8.2. We have in place a number of internal policies and arrangements to help manage any conflicts.
9. Limits
9.1. You acknowledge and agree that any Orders or Transactions may be subject to trading limits which may be general or specific to you, may apply to all or certain Assets only and at all times are imposed, amended, maintained or removed at the sole discretion of Fastex (“Trading Limits”). Fastex may reject, or cancel or amend any Order that, in its sole discretion, breaches or will breach a Trading Limit. Fastex shall have no liability to you for any loss, directly or indirectly incurred by you in connection with any Orders which are rejected, or cancelled or amended by Fastex in circumstances where such Orders breach a Trading Limit. You agree to cooperate with Fastex and promptly supply all information and data that Fastex considers reasonably necessary to set appropriate Trading Limits with respect to the Broker-Dealer Services.
10. Manifest Errors
10.1. You acknowledge and agree that, in the absence of Manifest Error, Fastex’s records as to Transactions entered into with you shall be final and conclusive. However, Fastex may at any time rectify any error on any entry, statement, Trade Confirmation or advice which has been proved to its satisfaction, and may demand immediate repayment from you of any Assets erroneously paid over to you as a result of such error. Any and all objections by you shall not be deemed valid unless accompanied by supporting evidence for such objections. You undertake and agree to maintain appropriate records of all Orders and Transactions as required pursuant to Applicable Law.
10.2. Subject at all times to Fastex’s rights as otherwise set out in these Broker-Dealer Terms, a Trade Confirmation which does not accurately reflect the relevant Transaction entered into via an Agreed Communication Channel shall: (a) not affect the validity of the Transaction which the Trade Confirmation evidences; and (b) where there is Manifest Error, not entitle you to enforce whatever is inaccurately recorded in the Trade Confirmation.
10.3. Fastex reserves the right to void or reverse from the outset any Transaction involving or deriving from a Manifest Error or to amend the details of such Transaction to reflect that which Fastex considers in its sole and absolute discretion, acting in good faith, to be the correct or fair details of such a Transaction in the absence of any Manifest Error.
10.4. Without prejudice to the generality of these Broker-Dealer Terms, and in the absence of fraud or bad faith, Fastex shall in no circumstances be liable to you for any loss or demand of whatsoever nature you may suffer or incur in connection with any Manifest Error howsoever arising, whether direct or indirect, special or consequential, including, but not limited to, loss of profit, loss of opportunity or even if Fastex had been advised of the possibility of the same arising or where the same was reasonably foreseeable.
10.5. Fastex shall bear no loss and/or liability whatsoever for failing to accept any Order and/or for exercising or failing to exercise any discretion, power or authority conferred upon Fastex by these Broker-Dealer Terms. Fastex shall not be liable to you for any and all loss incurred by you, whether directly or indirectly arising from any loss or delay in the transmission or wrongful interception of any Order through an Agreed Communication Channel, including any equipment or system owned and/or operated by or for Fastex.
11. Settlement
11.1. All Transactions are settled by way of a transfer of Assets directly to and from your Account on a per trade basis. Netting will not be applied between multiple Transactions, unless otherwise agreed in writing between you and Fastex. Fastex may agree to permit settlement of Transactions to and from an external wallet held by you outside of the Fastex infrastructure, however is not obliged to do so. If Fastex permits settlement of Transactions to an external wallet, you shall be solely liable for the payment of all fees and charges associated with such settlement and you undertake to fully reimburse Fastex on demand for any fees, charges or loss however incurred in connection with such settlement.
12. Valuations
12.1. Fastex shall be under no obligation to provide valuations of Transactions but if valuations are provided, they shall be for information purposes only and are intended solely for your own use. Unless expressly stated otherwise, any valuations will be indicative values based on mid-market levels from time to time on the date specified.
12.2. Although valuations represent Fastex’s estimate of the current economic value of a Transaction based upon mid-market levels, the valuations may also include adjustments to take account of, amongst other things, Transaction size, market liquidity, and/or use of capital. For certain Transactions, it may be necessary to make assumptions relating to future market conditions and derive valuations from internal proprietary models. Valuations based on different assumptions and/or models may yield different results. Any valuations provided by Fastex with respect to Transactions neither represent the actual terms at which new Transactions could be entered into nor the actual terms at which existing Transactions could be liquidated or unwound. Fastex shall not be liable for any errors or omissions in computing or disseminating any valuation and shall not be liable for any loss, claim or damages (whether direct, indirect, consequential or otherwise) which may arise to valuations provided to you that are used by you or any third party.
13. Representations and warranties
In addition and without prejudice to the representations and warranties made by the Parties in the Terms of Use, you hereby represent and warrant as follows each time you enter into a Transaction:
13.1. You are capable of assessing the merits of and understanding (on your own behalf or through independent professional advice), and understand and accept the risks and the terms and conditions of the relevant Transaction and are capable of assuming, and assume, the risks of that Transaction;
13.2. You are not relying on any communication (written or oral) made by or on behalf of Fastex as investment advice or as a recommendation to enter into the Transaction, and you acknowledge that Fastex shall not in any way be deemed to be acting as your fiduciary or adviser in connection with that Transaction; and
13.3. You are acting for your own account and have made an independent decision to enter into the relevant Transaction, such a decision being based on your own evaluations as to the appropriateness of the Transaction (which may include acting upon the advice of any other third party that you have deemed necessary to engage with for the purposes of providing investment advice or any other recommendation).
14. Limitations of liability
Without prejudice to the foregoing and without prejudice to or duplication of any disclaimers, limitations or liability and indemnity provisions set out in the Terms of Use, and except to the extent that liability cannot be excluded under any applicable law or regulation, you acknowledge and agree that:
14.1. neither Fastex nor any of its Related Persons shall be liable for any loss, damage or claim of any kind whatsoever arising directly or indirectly as a result of: (i) any price provided by Fastex; (ii) any errors in or omissions from an Agreed Communication Channel; (iii) any failure of an Agreed Communication Channel to transmit, or any delay in the transmission or receipt of any Order, any rejection or non-execution of any Order, or any delay by you in the receipt of any notification (including any Trade Confirmation) confirming that any Order has or has not been executed; or (iv) any unauthorised access to or use of an Agreed Communication Channel;
14.2. neither Fastex nor any Related Persons shall have any liability arising from Orders, investment decisions or purchases of any third party goods or services (including financial instruments and Assets) based on any price or any other information provided through an Agreed Communication Channel or otherwise;
14.3. under no circumstances shall Fastex or any Related Persons be liable for any damages whatsoever, whether direct, indirect, punitive, special or consequential, that are directly or indirectly attributable to the use of, or inability to use, an Agreed Communication Channel or the Broker-Dealer Services, even where advised of the possibility of such damages or if such damages were foreseeable;
14.4. neither Fastex nor any Related Persons shall be liable for any failure to perform any obligation under these Broker-Dealer Terms or for any delay in the performance thereof, due to force or condition beyond Fastex’s reasonable control; and
14.5. the total aggregate liability of Fastex and its Related Persons in connection with these Broker-Dealer Terms and the Broker-Dealer Services, whether based in contract, tort (including negligence or strict liability), or otherwise, will not exceed one hundred thousand U.S. Dollars (USD 100,000). The foregoing limitations will apply notwithstanding any failure of essential purpose of any limited remedy.
15. Disputes, Governing Law, Jurisdiction and Arbitration
15.1. For the avoidance of doubt, clauses 30 to 34 (Complaints, Notice of claim, Agreement to arbitrate; Governing law; and Class action waiver) of the Terms of Use shall apply to any disputes or claims relating to, arising out of or in connection with these Broker-Dealer Terms, including your assent to these Broker-Dealer Terms.