1. The Terms and Conditions
a) You may be required to register with us in order to access certain parts of the Site (Sub-Portal). Where you are required to register:
i. you must provide us with accurate, complete and updated registration information;
ii. you must safeguard any user name and password which we provide to you;
iii. you authorize us to assume that any person using the Site with your user name and password is either you or is authorised to act for you;
b. You acknowledge that your use of some Sub-portals may be governed by additional terms and conditions. Where this is the case, you will be notified accordingly, and those additional terms and conditions:
a) You acknowledge that we may, in our sole discretion and with or without notice:
i. vary the Site or any part of the Site (including any Sub-portal for which you are required to register); and
ii. modify or discontinue this Site, any part of the Site and the services available on it without notice.
4. Site Content
a) You acknowledge that Content on the Site is subject to copyright and possibly other intellectual property rights of the Company (“Intellectual Property Rights”). Unless you are expressly authorised by law, you must not yourself, or participate in or permit any other person, to:
i. sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any of the Content in any way for any public or commercial purpose without our prior written consent; or
ii. use any Content on any other web site or in a networked computer environment for any purpose; or
iii. reverse engineer any Content consisting of downloadable software; or
iv. otherwise infringe the Intellectual Property Rights of any person in using the Site or any Content.
b) Nothing you do on or in relation to the Site will transfer any Intellectual Property Rights to you or license you to exercise any Intellectual Property Rights unless this is expressly stated.
5. You Undertake Not to Use the Site to:
a) upload, post, email, offer or otherwise transmit any Contents in respect of which you have no right (either proprietary, contractual, or fiduciary) to transmit or which is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory or otherwise objectionable;
b) impersonate any person or entity by way of transmitting any forged or manipulated Contents through the use of any Services;
c) upload, post, email, offer or otherwise transmit any Contents that infringe any proprietary rights or intellectual property rights including, without limitation, patent, trademark, trade secret, copyright of any party;
d) upload, post, email, offer or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation, except such advertisements or promotional materials expressly authorised by us in writing;
e) upload, post, email or otherwise transmit any Contents that contain software viruses or any other computer code, files or programs that would interrupt, destroy or limit the functionality of the Websites and/or computer software or hardware or telecommunications equipment constituting them;
f) interfere with or disrupt the Services or servers or networks through which the Services is provided, or disobey any requirements, procedures, policies or regulations of such networks; or
g) collect or store personally identifiable information about other Users.
You acknowledge that this Site does not have any obligation to pre-screen Contents, but this Site has the right (but not the obligation) in its sole discretion to refuse or remove any Contents that is available via the Services. Without limiting the said right, this Site has the right to remove any Contents that, in its opinion, violate the Terms and Conditions are otherwise, in its opinion, objectionable.
6. Links and Advertisements
a) We have not reviewed all of the sites linked to this Site and are not responsible for the content or accuracy of any off-site pages or any other sites linked to this Site (including without limitation sites linked through advertisements or through any search engines).
b) Some links which appear on the Site are automatically generated, and may be offensive or inappropriate to some people. The inclusion of any link does not imply that we endorse the linked site, and you use the links at your own risk.
7. The Use of the Site is at your Risk
a) You use the Site at your own risk. You must evaluate, and bear all risks associated with, the use of any Content, including reliance on the accuracy, completeness or usefulness of any Content. In particular, where information relating to companies, investments or securities is provided on or via the Site, such information is provided for information purposes only. You should seek your own independent advice with respect to any Content.
b) We endeavour to provide a convenient and functional Site, but we do not guarantee that the Content will be error free or that the Site or the server that operates it are free of viruses or other harmful components.
c) Although we will use reasonable endeavours to maintain the Content, we do not undertake to provide support or maintenance services for the Content. We urge you to keep backup copies of Content you Post to, maintain on or use with the Site.
d) If your use of the Site results in the need for servicing or replacing property, material, equipment or data, we will not be responsible for such costs.
e) Without limiting the above provisions, everything on the Site is provided to you "as is" and "as available" without warranty or condition of any kind, either expressed or implied, including, but not limited to, any implied warranties of fitness for a particular purpose, or non-infringement. We exclude all representations and warranties to the fullest extent permissible under any applicable laws.
f) If a jurisdiction does not allow the exclusion of implied warranties in accordance with paragraph (e) but allows limitations of a certain maximum extent then we limit our warranties to that extent.
8. Limitation of Liability
a) To the extent permitted by law no party, including the Company, involved in creating, producing, or delivering the site or any content will be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings resulting from your access to, or use of, or inability to use the Site and the Content, whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not we know of the possibility of such damage. The limitation of liability set forth in this section shall not apply in the event of customer's breach, or related to its indemnity obligations. This paragraph shall not affect the indemnification rights listed below in the section titled “General Provisions.”
b) If a jurisdiction does not allow the exclusion or limitation of liability in accordance with paragraph (a) but allows a limitation of a certain maximum extent then our liability is limited to that extent.
a) Where you are required to register with us, you may cancel such registration at any time by notifying us. We may cancel your registration if you do not visit the Site for an extended period of time, or if we reasonably believe that you have violated any applicable laws, acted inconsistently with the letter or spirit of this agreement, or have violated our rights or those of another party.
b) The provisions of these Terms and Conditions entitled "The Use of the Site is at Your Own Risk", "Limitation of Liability", and "General Provisions" will survive cancellation of your registration or termination of this agreement.
a) We will give you any necessary notices by posting them on the Site. You agree:
i. to check the Site for notices; and
ii. that you will be considered to have received a notice when it is made available to you by posting on the Site.
11. General Provisions
a) If any part of this agreement is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect. This agreement will be governed by the laws of Hong Kong, without regard to California’s conflict of laws rules. You irrevocably submit to the exclusive jurisdiction of the courts of Hong Kong.
b) You agree to defend, indemnify, and hold harmless us, our officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Site or the Content or your breach of this agreement.
Content includes things that you may see, read, hear, download or access on or via the Site (including but not limited to messages, files, data, software, images, photographs, illustrations, text and other materials).