20. Liability
Vault gives no assurance or guarantee that the value of investments in your Account will not go down or that the investment held in your Account will generate profits or income, or that any investment or savings goals you may have (even where you have notified us of them) will be achieved.
Your objectives, as stated in your Investment Strategy, are to be considered only as goals, and while Vault will provide Recommended Allocations which, in its judgement, are suitable, considering (among other things), your profile and investment objectives, Vault does not guarantee the results of any investment and will not be responsible in the event that some or all of such objectives are not realized.
Vault shall not be liable for any error of judgement or any other loss suffered by you in connection with the services it provides to you under this Agreement (and in particular, but without limitation, Vault shall not be liable for any loss which may be sustained in the purchase, holding or sale of any investments in accordance with those services) unless such loss arises from negligence, willful default, dishonesty or fraud by it or any of its employees. Vault shall not be liable for any other losses suffered by you (which shall include loss of profits, income or capital, costs, expenses, claims or damages) including losses arising from:
negligence, willful default, fraud or insolvency of any other person;
Vault exercising its limited power of attorney, carrying out or relying on instructions or on any information provided or made available to Vault by you, IBKR, any appointed representative or agent of yours or any person duly appointed by Vault;
market conditions or changes in market conditions; or
any delayed receipt, non-receipt, loss or corruption of any information contained in email or for any breach of confidentiality resulting from email communication or any consequential loss arising from either of the foregoing.
Vault shall not be liable for any consequential, special, indirect or speculative loss or damage, or loss of profits, loss of opportunity, goodwill or reputation suffered by you or any other person.
In particular, but without limitation, Vault shall not be liable for any default of any counterparty, bank, sub-custodian, or any other entity which holds money, investments or other documents of title on behalf of you or with or through whom transactions are conducted for you. Vault shall not be liable to you for any losses incurred by you as a result of the acts or omissions of IBKR, save to the extent ant such losses are caused by Vault’s negligence, willful default or dishonesty in complying with clause 11.1.
The Website and/or your Vault dashboard are provided “AS IS” on an “IS AVAILABLE” basis without any representations or any kind of warranties whatsoever (whether expressed or implied by law). We and our licensors disclaim to the fullest extent permitted by law all express, implied and statutory warranties, including without limitation, the warranties as to functionality, operability, accessibility, accuracy, correctness, reliability, timeliness, satisfactory quality, merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. Without limiting the foregoing, we do not warrant that our services, functions contained in or access to the Website and/or your Vault dashboard or other content will be timely, uninterrupted or error-free without omission, that defects will be corrected, or that the Website and/or your Vault dashboard or their contents are free of infection by computer viruses and/or other harmful or corrupting code, program, macro and such other unauthorized software, or that the download, installation or use of any systems or content of the Website and/or your Vault dashboard in or with any computer will not affect the functionality or performance of the computer. We are not responsible or liable for the deletion or failure to store any content maintained or posted by or through the Website and/or your Vault dashboard.
The Website and/or your Vault dashboard may contain links to other websites which are not maintained by us. Similarly, other websites may contain links to the Website and/or your Vault dashboard. We have no control over such sites and resources, and you acknowledge and agree that we are not responsible for the availability or contents of those websites and shall not be liable for any damages or injury arising from the availability or contents of those websites. Any links to other websites are provided as a convenience to you as a user of the Website and/or your Vault dashboard, and does not imply our endorsement of the linked website or association with their operators. We disclaim all responsibility and liability, direct or indirect, for any damage or losses (including any virus, spyware, malware, worms, errors or damaging materials contained in the linked sites) caused or alleged to be caused by or in connection with the use or reliance on any such content available on or through any such site or resource, which are accessed and used at your own risks.
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