Whole Section

  • 2.4 Limitation of Liability

    Amended on 15 September 201715 September 2017.

    • 2.4.1

      None of SGX-ST, SGX RegCo, or their respective Directors, Officers, employees, representatives or agents (the "Relevant Persons") shall be liable to any Trading Member, or any of its customers, for but not limited to:—

      (1) any loss or damage (including consequential loss or damage) which may be suffered or incurred or which may arise directly or indirectly in respect of the supply of goods or services;
      (2) a Trading Member's use of or inability to use the Trading System;
      (3) a failure, error or omission including any loss or damage in respect of:—
      (a) the result of trading on organised markets provided by SGX-ST, or the suspension, interruption, cancellation or closure of trading, on those organised markets,
      (b) any inoperability or malfunction of equipment, software or any other product supplied to a Trading Member, or in respect of its installation, maintenance or removal, and
      (c) the exercise of a decision-making power; or
      (4) the acceptance of a Trading Member's resignation or any decision or ruling of the Disciplinary Committee or Appeals Committee exercising their powers.

      Amended on 3 April 20083 April 2008, 15 September 201715 September 2017 and 8 October 20188 October 2018.

    • 2.4.2

      Without prejudice to the generality of Rule 2.4.1, 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:—

      (1) the originality, accuracy, timeliness or completeness of an Index;
      (2) results to be obtained from the use of an Index, in respect of any index-linked or index-related products, whether in the form of contracts or options;
      (3) the merchantability and fitness for a particular purpose of, or use of, an Index;
      (4) any direct, special, punitive, indirect or consequential damages (including lost profits), even when notified of the possibility of such damages;
      (5) any errors, omissions or delays in calculating or disseminating an Index; and
      (6) trading of any index-linked or index-related products, whether in the form of contracts or options.

      Amended on 15 September 201715 September 2017.

    • 2.4.3

      In Rule 2.4.2, a reference to an Index is a reference to making, calculating or compiling the Index, or any intra day proxies related or referable thereto, or any information or data included in or referable thereto.

    • 2.4.4

      SGX-ST may require a Trading Member to pay SGX-ST's costs of producing (pursuant to a court order or other legal process) records relating to the business or affairs of a Trading Member, any of its Directors, Officers, Trading Representatives, employees or agents. This applies regardless of who requires the production.

    • 2.4.5

      In Rules 2.4.1, 2.4.2 and 2.4.4, references to SGX-ST include SGX-ST's subsidiaries, related companies and holding company.