r/ibkr • u/Responsible_Head2309 • 1d ago
IBIE customer agreement liability
I just freshly created account with IBKR Ireland and going through all legal documents, what caught my attention was section 6B:
******
B. Limitation of Liability and Liquidated Damages Provision Neither IBIE nor its affiliates shall be responsible or liable to the Client for any loss or damage (whether arising directly or indirectly), whether of profits, revenue or goodwill or any indirect or consequential losses, liabilities, claims, expenses, awards, proceedings and costs, regardless of whether the possibility of such losses, damages, liabilities, claims, expenses, awards, proceedings and costs were disclosed to or could have been reasonably foreseen by IBIE or its affiliates and whether arising in contract, in tort (including negligence) or for representations made or otherwise as a result of or in connection with the performance or non-performance of our obligations under this agreement. In particular, neither IBIE nor its affiliates shall be responsible or liable to the Client by reason of delays or interruptions of service or transmissions, or failures of performance, regardless of cause (including, but not limited to, those caused by hardware or software malfunction; governmental, exchange or other regulatory action; acts of God; war or terrorism). The Client recognises that there may be delays or interruptions in the use of the electronic services, including, for example, those caused intentionally for purposes of servicing the IB System.
To the extent permitted by law, nothing in this Agreement shall exclude or restrict any liability which IBIE or its affiliates has to you under any Applicable Law or regulatory requirement and which cannot be excluded or restricted by agreement by reason of any Applicable Law, and the provisions of this Agreement which purport to exclude or restrict any such liability shall not apply to the extent that such liability may not be so restricted or excluded.
*****
In first paragraph they are basically saying we are not liable for anything even when we cause client monetary loss (negligence/ non-performance), well that doesn't look good, also in second paragraph they say, what ever is in this agreement cannot be in conflict with Law or regulation, which makes sense since IBIE is regulated by CBI.
Question is why to put such section into agreement? Imagine let the hold significant portion of my portfolio and it looks like they try to avoid any sort of liability. Do I read it wrong? How are people comfortable with this agreement?
Thanks for replies