Whole Section

  • 1.9 Limitation of Liability

    • 1.9.1

      None of SGX-ST, its related companies, SGX RegCo, any person or entity referred to under Rule 1.7, or their respective Directors, Officers, employees or agents ("Relevant Persons") shall be liable to any person for any loss or damage (including consequential or indirect loss or damage even if advised of the possibility of such loss or damage), however caused or arising, including but not limited to any loss or damage arising directly or indirectly from or in connection with the following or any thing done or not done as a direct or indirect consequence of the following:

      (a) any failure, error, delay or malfunction of the Trading System howsoever caused and whether or not identified or identifiable;
      (b) the access to, use of or inability to use the Trading System;
      (c) any thing done (including any statement made) or omitted to be done in the course of, or in connection with, the discharge or purported discharge of SGX-ST's obligations or rights under the SFA, any other applicable law, or under the Rules;
      (d) the trading on organised markets provided by SGX-ST or the suspension (whether temporary or a longer suspension), interruption, cancellation, restriction or closure of trading on those organised markets howsoever caused;
      (e) any failure, security breach, inoperability or malfunction of equipment, software or any other product supplied to a Trading Member howsoever caused, or in respect of its installation, maintenance or removal;
      (f) the exercise of a decision-making or regulatory power or discretion under the Rules;
      (g) any decision whether or not to cancel an Error Trade pursuant to Chapter 11;
      (h) the acceptance of a Trading Member's resignation or any decision or ruling of the Disciplinary Committee or Appeals Committee exercising their powers;
      (i) any virus or other destructive, malicious, or corrupting program, code, agent, script or macro;
      (j) any errors, inaccuracy, omissions or delay in the calculation, determination or dissemination of prices for any security or futures contract;
      (k) the originality, accuracy, adequacy, timeliness or completeness of the Trading System or any content, information, materials, images, sounds, graphics, video and other materials displayed therein or any functionalities or applications, programs or services provided therein (collectively "Content");
      (l) any reliance on the Content or any part thereof; or
      (m) any information transmitted or received by or on behalf of SGX-ST or a Trading Member, including through the Trading System, or the interception of or access to such information by unauthorised persons.

      Added on 3 June 20193 June 2019.

    • 1.9.2

      Without prejudice to the generality of Rule 1.9.1, none of the Relevant Persons (i) makes any warranty, express or implied, or (ii) shall be liable to any person in respect of, or in connection with, any of the following:

      (a) the originality, accuracy, adequacy, timeliness or completeness of an index or price;
      (b) results to be obtained from the use of an index or price, in respect of any product linked or related to the index or price whether in the form of contracts or options;
      (c) the merchantability and fitness for a particular purpose of, or use of, an index or price;
      (d) any direct, special, punitive, indirect or consequential damages (including lost profits), even when notified of the possibility of such damages;
      (e) any errors, omissions or delays in calculating or disseminating an index or price; and
      (f) trading of any product linked or related to the index or price, whether in the form of contracts or options.

      Added on 3 June 20193 June 2019.

    • 1.9.3

      For the purposes of Rule 1.9.2, a reference to an index includes administering, making, calculating, disseminating or compiling the index, or any intra-day proxies related or referable thereto, or any information or data included in or referable thereto.

      Added on 3 June 20193 June 2019.

    • 1.9.4

      Each Trading Member shall ensure that its customers agree to and are bound by the limitation of liabilities under this Rule 1.9, either by way of inclusion in the contracts granting access to SGX-ST or such other similar manner.

      Added on 3 June 20193 June 2019.