The Site is a general website meant to highlight and promote the products and services of the Company and it allows users to link to various other sites owned and
CAREFULLY READ THIS DOCUMENT BEFORE USING THE SITE, AS IT AFFECTS YOUR LEGAL RIGHTS AND OBLIGATIONS.
BY USING THE SITE YOU AGREE ON YOUR OWN BEHALF AND ON BEHALF OF EACH ENTITY ON WHOSE BEHALF YOU ARE ACTING, TO BE BOUND BY THESE TERMS & CONDITIONS, AS WELL AS THE ONLINE PRIVACY STATEMENT AS SUPPLEMENTED OR MODIFIED BY THE COMPANY FROM TIME TO TIME, FOR EACH USE AND ACCESS OF THIS SITE. THESE TERMS & CONDITIONS APPLY EXCLUSIVELY TO YOUR USE AND ACCESS OF THE SITE. NOTHING HEREIN IS INTENDED TO, NOR DOES IT, ALTER, MODIFY OR CHANGE THE TERMS & CONDITIONS OF ANY EXISTING AGREEMENT YOU HAVE WITH THE COMPANY. NOTE THAT THESE TERMS & CONDITIONS CONTAIN WAIVERS BY YOU OF CERTAIN RIGHTS YOU MAY HAVE AGAINST THE COMPANY.
IF YOU DO NOT AGREE TO THESE TERMS & CONDITIONS AND THE ONLINE PRIVACY STATEMENT AS AMENDED FROM TIME TO TIME, YOU MAY NOT USE OR OTHERWISE ACCESS THE SITE AND YOU SHOULD EXIT THE SITE.
This Site is not directed to or intended for individuals under 18 years of age.
1. ACCEPTING THESE TERMS & CONDITIONS: The provisions herein are referred to as the “Terms & Conditions” and constitute an agreement between you and the Company. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THE TERMS & CONDITIONS CAREFULLY, UNDERSTAND EACH OF THEM AND AGREE TO BE BOUND BY ALL OF THEM.
2. CHANGES TO TERMS & CONDITIONS: The Company reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Terms & Conditions, including the Privacy Statement, in whole or in part, at any time. Notification of changes in the Terms & Conditions and/or Online Privacy Statement will be posted on the Site. Changes in this Terms & Conditions will be effective when notice of such changes has been posted. Your continued use of the Site after such changes are posted will constitute your agreement to such changed Terms & Conditions and/or Online Privacy Statement.
3. CHANGES TO THE SITE AND TERMINATION OF ACCESS: The Company may change, modify, remove, suspend, discontinue or terminate any aspect of this Site including the availability of any features or content at any time without notice or liability. The Company, in its sole discretion, may also impose limits or restrictions on certain services, features or content, terminate your access to parts or all of the Site, and terminate all rights and licenses contained in these Terms & Conditions without notice or liability.
The Company may also without notice or liability: (a) remove, modify or otherwise change any user’s Site access for material breach of this Agreement; (b) supplement or make changes to its user access or security procedures with notice to Registered Users; and (c) change the type or location of equipment, facilities or software used by it in providing access to the Site, provided that no such action shall have the effect of amending or otherwise affecting the parties’ respective obligations under any contract with the Company. All obligations created before termination shall survive termination.
4. USER CONDUCT: You agree:
Not to use the Site in any manner which could damage, disable, overburden or impair the Site;
Not to interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked sites;
Not to upload, post, or otherwise transmit through or on the Site any viruses or other harmful, disruptive or destructive files;
Not to disrupt or interfere with any other person’s use of the Site or affiliated or linked sites;
Not to attempt to obtain unauthorized access to the Site or portions thereof which are restricted from general access (“Limited Access Areas”);
Not to grant access to or use of any Limited Access Area of the Site to any third party except as expressly authorized under these Terms & Conditions;
Not to use any robot, spider or other automatic device, or manual process to monitor, extract, collect, harvest or copy the web pages or any data or data fields contained at the Site including, but not limited to, personally identifiable information of any other user of the Site, or the names of customers of THE COMPANY or its Affiliates;
Not to modify, assign, sub-license, sell or prepare derivative works of any materials on the Site nor to reproduce or publicly display, perform, distribute or otherwise use such materials except as expressly allowed herein;
To retain, on all copies of any materials downloaded, all copyright, trademark, and other proprietary notices contained in the materials;
To comply with all applicable laws, or policies that are posted from time to time on the Site, that relate to your use or activities on the Site.
5. SYSTEM REQUIREMENTS: You acknowledge that you have the appropriate computer equipment and Internet access to use the Site and understand that your use of the Internet may incur certain operational costs such as monthly fees for a service provider.
6. DISCLAIMER OF WARRANTIES: The Company shall not be responsible for the accuracy, completeness or use of any information received by you through the Site. THE SITE, INCLUDING ALL SOFTWARE, FUNCTIONS AND CONTENT, ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS. NONE OF THE COMPANY NOR ANY OF ITS AFFILIATES, BUSINESS PARTNERS OR SUPPLIERS MAKES ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, STATUTORY OR ARISING FROM COURSE OF CONDUCT, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. THE COMPANY, ITS AFFILIATES, BUSINESS PARTNERS AND SUPPLIERS MAKE NO REPRESENTATION OR WARRANTY THAT ANY CONTENT, SOFTWARE OR FUNCTIONS ACCESSED THROUGH THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THE COMPANY RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO MAKE ANY CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.
THIS SITE MAY BE USED FOR INFORMATIONAL PURPOSES ONLY. THE COMPANY MAY MAKE FINANCIAL AND OTHER INFORMATION AVAILABLE THROUGH THIS SITE. IN SOME CASES, THE INFORMATION MAY BE AUDITED. IN MOST CASES IT WILL NOT HAVE BEEN AUDITED. THE INFORMATION IN THIS SITE ALSO MAY ATTEMPT TO PREDICT TRENDS. PREDICTIONS OBVIOUSLY MAY OR MAY NOT PROVE TO BE ACCURATE. THE COMPANY CONSIDERS PORTIONS OF THIS WEB SITE TO BE FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF SECTION 27A OF THE SECURITIES ACT OF 1933, AS AMENDED, SECTION 21E OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED AND THE PRIVATE SECURITIES LITIGATION REFORM ACT OF 1995 AS AMENDED. FORWARD-LOOKING STATEMENTS ARE INHERENTLY SUBJECT TO RISKS AND UNCERTAINTIES, MANY OF WHICH CANNOT BE PREDICTED WITH ACCURACY AND SOME OF WHICH MIGHT NOT EVEN BE ANTICIPATED. FUTURE EVENTS AND ACTUAL RESULTS, FINANCIAL AND OTHERWISE, MAY DIFFER MATERIALLY FROM THE RESULTS DISCUSSED IN THE FORWARD-LOOKING STATEMENTS. FACTORS THAT MIGHT CAUSE SUCH A DIFFERENCE INCLUDE, BUT ARE NOT LIMITED TO THE FOLLOWING: (1) INTEREST RATES, (2) LOCAL MARKET CONDITIONS, (3) GOVERNMENTAL LAWS AND REGULATIONS RELATED TO YOUR BUSINESS OR THE BUSINESS OF THE COMPANY, AND GENERAL ECONOMIC CONDITIONS.
7. LIMITATION OF DAMAGES: THE COMPANY, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS SHALL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTY FOR ANY TRANSMISSIONS NOT ACTUALLY RECEIVED OR FOR MALFUNCTIONS IN COMMUNICATIONS FACILITIES WHICH MAY AFFECT THE ACCURACY OR TIMELINESS OF THE ELECTRONIC RECORDS SENT, OR FOR ANY LOSSES, ERRORS OR DELAYS ARISING OUT OF YOUR USE OF ANY ACCESS SERVICE PROVIDER OR CAUSED BY ANY BROWSER SOFTWARE. IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM), EVEN IF THE COMPANY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RELATED TO YOUR USE OR ACCESS TO, OR YOUR INABILITY TO USE OR ACCESS, THE SITE, ITS CONTENT OR FUNCTIONS, OR ANY LINKED WEBSITE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, EXCEED ONE HUNDRED ($100), REGARDLESS OF THE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU. THIS SITE AND THE MATERIALS WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. THE LIMITATIONS OF LIABILITY AND DISCLAIMERS HEREIN CONTAINED APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT AND SHALL SURVIVE THE TERMINATION OF YOUR USE OR ACCESS TO THE SITE, A FUNDAMENTAL BREACH OR BREACHES, OR THE FAILURE OF THE ESSENTIAL PURPOSE OF CONTRACT OR THE FAILURE OF AN EXCLUSIVE REMEDY.
8. WAIVER, RELEASE AND INDEMNITY: You release, discharge and hold harmless the Company and its Affiliates and their respective directors, officers, employees and agents from any and all liability, claims or causes of action (known or unknown) arising out of our or their negligence in connection with the Site, including, without limitation, liabilities arising out of information posted on the Site or otherwise provided by the Company. YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS WAIVER AND RELEASE PARAGRAPH AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. YOU ARE WAIVING ANY RIGHT THAT YOU MAY HAVE TO BRING A LEGAL ACTION TO ASSERT A CLAIM AGAINST US OR THE OTHER PARTIES SET OUT ABOVE FOR OUR OR THEIR NEGLIGENCE.
You further agree to indemnify and hold the Company, and its Affiliates, and their respective directors, officers, employees and agents (the “Indemnified Parties”) harmless from any breach of this Agreement by you, including use of the Site (other than as expressly authorized in this Agreement), or any allegation that information or materials that you provide to the Company infringes the intellectual property, confidentiality, or other rights of any third party. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from any claims brought by third parties arising out of your use of the information accessed from this Site.
9. NO FIDUCIARY OR CONTRACTUALLY IMPLIED RELATIONSHIP WITH THE COMPANY: You acknowledge that by using the Site, no fiduciary, contractually implied or other relationship is created between you and the Company other than the express contractual relationship provided in the Terms & Conditions and any other written agreement you have entered into with the Company and/or its Affiliates.
10. LINKS TO AND FROM OTHER SITES: As a convenience to you, the Site may contain links to websites operated by other entities. If you follow those links, you will leave this Site. If you decide to visit any linked website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. The Company makes no warranty or representation regarding, and does not endorse, approve of, sponsor or recommend any linked websites or the information appearing thereon or any of the products or services described thereon. Links do not imply that the Company sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyrighted material displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyrighted material of TRADE CAPITAL, the Company, or any of their Affiliates or subsidiaries. Any such site may contain material, data or information provided, posted or offered by third parties, including but not limited to advertisements and postings in online community discussions. You agree that neither the Company nor its Affiliates, Business Partners, or Service Providers shall have any liability whatsoever to you for any such third party material, data or information.
10. All links to this Site must be approved in writing by the Company except that the Company consents to links in which: (i) the link is a text-only link containing only the name “TRADE CAPITAL.hk” or the URL “www.tradecapital.hk”; (ii) the link “points” only to “www.tradecapital.hk” and not to deeper pages; (iii) the link, when activated by a user, displays this page full-screen in a fully operable and navigable browser window and not within a “frame” on the linked website; (iv) the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with or sponsored by the Company nor be such as to damage or dilute the goodwill associated with the name and trademarks of the Company. The Company reserves the right to revoke this consent to link at any time in its sole discretion.
11. TELEPHONE AND COMMUNICATION CHARGES AND EQUIPMENT : You are solely responsible for any and all telephone and other communications charges and equipment costs relating to your use of the Site. All transmissions by you via the Site shall be at your sole risk and the Company shall not be responsible for any communications line failure, equipment or systems failure or other such occurrence.
12. LIMITED LICENSE: Subject to your compliance with all Terms & Conditions set forth herein, the Company grants you a non-exclusive, non-transferable, revocable, limited right to access, use and display the Site, and the visible text, graphics and images thereon and to view and download such text, graphics and images. Except as expressly provided in these Terms & Conditions, we do not grant to you any express or implied right or license of any intellectual property including patent, trademark, copyright, trade secret or confidential information of the Company or any of its Affiliates.
13. COPYRIGHT: The Site, including its content and materials, including without limitation all software, functions, organization, design, content, HTML code, compilation, magnetic translation, digital conversion, graphics and other files and matters related to this Site, as well as their overall coordination, selection and arrangement (“Materials”), are protected by Hong Kong copyright laws, international conventions and other copyright laws. All rights are reserved. All Materials are either owned, controlled or licensed by the Company. You agree to comply with all applicable copyright laws in your use of this Site and to prevent any unauthorized copying of the Materials. You will abide by this and any and all additional copyright notices, information or restrictions contained in any of the Materials. Although you may print and download certain items posted on the Site and pages from the Site without the express written consent of the Company (provided that you maintain all copyright and other notices contained therein), you may not otherwise prepare derivative works based upon such content, nor may such content be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without prior written permission of the copyright owner. No such activity may be competitive with or derogatory to the Company and no such express or implied right is granted. You may not distribute any of the content of any of the Site to any other person unless that person accepts all obligations under these Terms & Conditions. Any copyright owner consent may be revoked at any time, and such consent does not include consent to republish Site information on any other Internet, Intranet or Extranet site or to incorporate the information in any other database or compilation, unless expressly given in writing. Any other use of the content of this Site is strictly prohibited.
14. SOFTWARE: Any software as well any files, images generated by such software, code and data accompanying such software (collectively the “Software”) used or accessible through this Site are the copyrighted works of the Company, its Affiliates, and/or their respective licensors. The Company retains full and complete title to and all intellectual property rights it may own or license in the Software. The Company grants to you a non-exclusive, non-transferable (without the right to grant sublicenses), limited license to use the Software for the sole purposes as provided in these Terms & Conditions or in any other applicable written document.
15. TRADEMARKS: TRADE CAPITAL graphics, logos and service marks are trademarks and service marks of the TRADE CAPITAL. Such may not be copied, imitated or used, in whole or part, without the prior written consent of the TRADE CAPITAL. All other trademarks, service marks, logos, certification marks, collective marks or trade dress, including “TRADE CAPITAL” collectively “Trademarks”) appearing in this Site are the property of the Company or its Affiliates, Business Providers or Service Providers. No such Trademarks may be copied, imitated, or used, in whole or in part, without prior written permission of the owner of the relevant Trademark. All page headers, custom graphics, button icons, and scripts are Trademarks owned by the Company or its Affiliates, Business Partners or Service Providers which may not be copied, imitated, or used, in whole or in part, without the relevant owner’s prior written permission. No rights to use any Trademarks are granted under these Terms & Conditions. Certain company names and products mentioned on the Site may be claimed as trademarks by their respective owners, who may not be affiliated with the Company its Affiliates, Business Partners or Service Providers.
16. INTELLECTUAL PROPERTY INFRINGEMENTS: We respect the intellectual property rights of others and request that you do the same. You are hereby informed that the Company has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders of our system or network who are repeat copyright infringers. If you believe your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, you may notify our Legal Department:
Head of Legal Department
Trade Capital Group Limited
To be effective, your notification must (i) be scanned to our email, (ii) be provided to our Customer Service Officer, and (iii) include substantially the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Service Provider to locate the material;
Information reasonably sufficient to permit the Service Provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.