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IMPORTANT: READ CAREFULLY BEFORE YOU PROCEED - USE OF THIS WEBSITE IS SUBJECT TO THESE LEGAL TERMS OF USE WELCOME TO OUR SITE. THE FOLLOWING SETS FORTH THE TERMS OF USE (THE "TERMS") UNDER WHICH CAI BUSINESS INDEPTH LIMITED ("CAI") IS WILLING TO ALLOW YOU TO ACCESS AND USE THIS WEBSITE (THE "SITE"). 1 AUTHORIZATION IF YOU USE THE SITE ON BEHALF OF AN ENTITY, YOU REPRESENT THAT YOU ARE DULY AUTHORIZED TO REPRESENT SUCH ENTITY AND YOU ACCEPT THE TERMS ON ITS BEHALF. THE TERMS THEN APPLY TO YOUR USE OF THE SITE. 2 ACCEPTANCE 2.1 BY USING THE SITE, YOU SHALL BE DEEMED TO ACCEPT THE TERMS. 2.2 BY ACCEPTING THE TERMS, YOU ARE EXPRESSING YOUR INTENT TO ENTER INTO, AND ARE ENTERING INTO, A BINDING LEGAL CONTRACT BETWEEN YOU AND CAI. ACCESS TO CERTAIN PORTIONS OF THE SITE MAY BE SUBJECT TO OTHER APPLICABLE TERMS AND CONDITIONS AND/OR SEPARATE AGREEMENT. YOU ALSO AGREE TO COMPLY WITH SUCH TERMS AND CONDITIONS AND/OR AGREEMENT WHERE APPLICABLE. 2.3 IF YOU DO NOT ACCEPT THE TERMS, YOU MUST REFRAIN FROM USING THE SITE IMMEDIATELY. 2.4 ANY TERMS AND CONDITIONS PROPOSED BY YOU WHICH ARE IN ADDITION TO OR WHICH CONFLICT WITH THE TERMS ARE EXPRESSLY REJECTED BY CAI AND SHALL BE OF NO EFFECT. 3 QUALIFICATIONS FOR USERS AND CONDITIONS OF USE The Site, including but not limited to the content, text, articles, columns, data, information, metadata, organization, photographs, video, audio, graphics, design, advertising, compilation, look and feel, translation, digital conversion and other protectable intellectual property (collectively the "Content") contained in this Site, is directed at, and is intended for distribution to, and use by users who have reached the age of majority in the jurisdictions in which the users reside and who have agreed to be bound by the Terms. It is not intended for distribution to, or use by, any other person. 4 INTELLECTUAL PROPERTY RIGHTS 4.1 The Content are owned by CAI or its licensors and are protected under all applicable copyrights, database rights, trade marks, patent and other proprietary (including but not limited to intellectual property) rights which may exist now or in the future. You acknowledge that the Content were created, developed, compiled, collected, designed, prepared, revised, selected and arranged by CAI and its licensors through the application of methods, standards, experience and judgment developed through the expenditure of substantial money, time and effort and constitute valuable industrial and intellectual property of CAI and such licensors. 4.2 Any copying, redistribution, use or publication by you of the Site, the Content, or any variations or derivatives thereof, for any purpose, except as allowed by the Terms, is strictly prohibited. You acknowledge that you do not acquire ownership rights to any Content viewed through the Site. The posting of Content on the Site does not constitute a waiver of any right in such Content. You shall not use the names and/or trade marks of CAI, CAI's licensors and advertisers, other users of the Site, or any Content contributors, without CAI's prior written approval. 4.3 You agree to comply with all applicable copyright and other laws, as well as any intellectual property right notices or restrictions contained in the Content. You shall protect the proprietary rights of CAI, CAI's licensors and all others having rights in the Content during and after the Term and shall comply with any requests made by CAI or its licensors to protect their and others' contractual, statutory and common law rights in the Content. You shall inform CAI in writing immediately upon becoming aware of any illegal or unauthorised access or use of the Content, and provide all assistance reasonably requested by CAI to assist CAI and/or its licensors to terminate such use and protect their rights. 5 RESTRICTIONS ON USE 5.1 The viewing or downloading of any Content from the Site grants you only a limited, non-exclusive license for use solely by you and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. You shall not attempt to replicate, share, recompile, decompile, disassemble, reverse engineer, or make or distribute any other form of, or any derivative or modified work from the Content or any part thereof. No part of any Content may be reproduced in any form or incorporated into any information retrieval system or database, whether electronic, mechanical or otherwise. You acknowledge that unauthorized use of the Content may constitute copyright infringement. 5.2 You shall not furnish, resell, distribute, transfer the Content to any other person or entity and shall use the Content only for your own use and benefit. You shall not redistribute, recirculate or publish any analysis and presentation from the Site without CAI's prior written consent. 5.3 You shall not use the Site or the Content for any illegal purpose or in any manner inconsistent with the provisions of the Terms. 5.4 You shall not create abstracts from, scrape or display the Content or any part thereof for use on another web site or service or any other media. You agree not to post any Content from the Site to weblogs, newsgroups, mail lists, electronic bulletin boards or any other websites or media, without CAI's written consent. Additionally, you shall not offer any Content for sale or disseminate it over any other medium including but not limited to over-the-air television or radio broadcast, a computer network or hyperlink framing on the Internet, without CAI's prior written consent. 5.5 You shall not use the Content in any manner for the purpose of improving the quality of any of your own or third party data that you sell or contribute to any third party or for any automated data validation or verification. 5.6 You shall not use any Content in any manner that could compete with any service, product or business of CAI or CAI's licensors. 5.7 In connection with your use of the Site, you shall not post, email, transmit or otherwise distribute: (a) information infringing on intellectual property or privacy rights of others; information that is unlawful, obscene, pornographic, scandalous, blasphemous, hateful, violent, insulting, harassing, abusive, deceptive, misleading, offensive, libellous, slanderous, defamatory or racially, ethnically, sexually, religiously, politically or otherwise objectionable in our sole opinion; (b) information that harm minors in any way; (c) advertisements or other commercial messages; (d) viruses or other harmful computer code designed to interrupt, destroy or limit the use of any computer software or hardware, or (e) confidential information belonging to any other person. In addition, you shall not engage in any conduct to: (a) collect information about others; (b) interfere with the Site or the servers or other technology hardware used by CAI; (c) inhibit others from using the Site, or (e) allow any other person or entity to use your password or other identification; or (f) violate any law or regulation. 5.8 The Site may be accessed by users internationally and may contain references or cross references to CAI products, programs and services that are not available or are prohibited in your country. Such references do not imply that CAI intends to make available in your country such products, programs or services or that such products, programs or services may lawfully be used in your country. The Content is not intended for distribution to, or use by, any person or entity in any country or jurisdiction where such distribution or use would be contrary to the law or regulation of such country or jurisdiction. 6 MATERIALS PROVIDED BY YOU If you upload materials, content or information (collectively, "Your Material") to areas of the Site that are available to other users, you represent and warrant that you own or otherwise control all of the rights to Your Material; that Your Material is truthful and accurate; that use of Your Material does not breach any of the Terms and will not cause loss or injury to any person or entity. You give CAI an nonexclusive, worldwide, irrevocable, royalty-free, perpetual and fully sub-licensable license to publish, use, reproduce, modify, adapt, translate, publicly perform and publicly display Your Material in any form and media. You also permit any other user to access, store, reproduce or otherwise use Your Material for the user's own personal use. You further permit CAI to use the name that you submit in connection with Your Materials. You agree that CAI may without prior notice remove all or any of Your Material you uploaded or provided to the Site. CAI and its licensors, agents, directors, officers, employees, representatives, successors, and assigns do not accept any responsibility for any materials, content or information submitted by you or any third party. You agree to indemnify CAI against all claims resulting from Your Material. 7 SUBSCRIBERS AREA Certain areas of this Site are reserved for use solely by subscribers to CAI's paid services. Access to such areas and use of Content in such areas shall be subject to separate agreement with CAI and governed by additional terms and conditions. 8 DISCLAIMER OF LIABILITY AND INDEMNITY 8.1 CAI makes the Site and the Content available to you for information purposes only and on the understanding that you exercise your own skill, care and judgment with respect to your use of the Site and the Content. Before relying on the Content, You shall carefully evaluate the completeness, accuracy and relevance of the Content for your purposes. 8.2 The Site and the Content are not intended for trading purposes and do not constitute any advice or any solicitation of the purchase or sale of any securities, commodities, currencies, derivatives or any specific financial products. 8.3 The Site may be unavailable from time to time due to mechanical, telecommunication, software, hardware, third-party vendor or other failures. CAI cannot predict or control when such downtime may occur and cannot control the duration of such downtime. 8.4 The Content may include certain information taken from stock exchanges and other sources from around the world. You understand that CAI and its licensors do not guarantee the availability, timeliness, originality, sequence, accuracy, integrity, truth, reliability, suitability, completeness, consistency or currentness of the Content nor warrant that the Site and/or the Content will be uninterrupted or error free. CAI does not guarantee that the Site is compatible with your equipment or that any file or email sent by CAI to you or downloaded by you from the Site will be free of errors or viruses, worms or "Trojan horses", or any other corrupted, invasive or harmful computer code designed to interrupt, destroy, limit or otherwise affect the use of any computer software or hardware. CAI shall not be liable for any damage you may suffer as a result of such destructive features. CAI is also not responsible for the reliability or continued availability of the telephone lines, wireless services, communications media, computers and equipment you use to access the Site. Neither you nor any third party may hold CAI, CAI's licensors, or their respective affiliates, contractors, agents, directors, officers, employees, representatives, partners, successors and assigns liable in any way for (a) any use, inaccuracy, defect, error or delay in, or omission of, (i) the Site, (ii) the Content, (iii) the transmission or delivery of the Content, or (b) any injury, loss or damage arising from or occasioned by (i) any such inaccuracy, defect, error, delay or omission, (ii) non-performance or (iii) interruption in any such Content or the Site due either to any negligent act or omission by CAI or its licensors, to any "force majeure" (e.g. flood, extraordinary weather conditions, earthquake or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications or power failure, equipment or software malfunction) or to any other cause beyond the reasonable control of CAI and its licensors. 8.5 You agree that your use of the Site and the Content is at your sole risk and acknowledge that all Content is provided "AS IS" and "AS AVAILABLE" without any warranty of any kind. TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, CAI DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, REGARDING ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE SITE AND THE CONTENT, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT WILL CAI BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING TRADING LOSS, LOSS BY REASON OF SHUTDOWN IN OPERATION OR INCREASED EXPENSES OF OPERATION AND LOSS OF PROFITS, BUSINESS, BUSINESS INFORMATION, BUSINESS REVENUE, ANTICIPATED SAVINGS, WASTED EXPENDITURE, GOODWILL AND REPUTATION, ARISING OUT OF THE USE, PERFORMANCE, DUPLICATION, COMPILATION AND/OR DISTRIBUTION OF THE SITE, CONTENT AND/OR INTERNET ACCESS. 8.6 Neither CAI nor its licensors shall be liable in any way whatsoever to you or any person, company or other entity whatsoever for any economic, financial, material, consequential, personal or other losses or damage resulting from actions or decisions based on, or as a result of, the Content provided directly or indirectly by CAI. 8.7 CAI does not represent that the Content is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site and the Content do so on their own initiative and are responsible for compliance with all applicable laws. 8.8 Without prejudice to clauses 8.1 to 8.7, CAI's aggregate liability to you for all losses or damage of any kind howsoever caused shall be limited to the aggregate total of any amount paid by you for accessing the Site, if any, for the three months preceding the first loss or damage. 8.9 Notwithstanding any other provision of the Terms, you shall fully indemnify and keep indemnified CAI and its licensors against any and all claims, demands, liability, damages, losses, costs or expenses, including attorney fees, arising in connection with:- • a breach of the Terms by you; • a misrepresentation or breach of representation, warranty or covenant by you; • a claim that any use of the Site by you infringes any third party's intellectual property, privacy or publicity rights or is unlawful, obscene, pornographic, scandalous, blasphemous, hateful, violent, insulting, harassing, abusive, deceptive, misleading, offensive, libellous, slanderous, defamatory or racially, ethnically, sexually, religiously, politically or otherwise objectionable or otherwise causes injury or damage to any third party; • any authorized use of or alteration, insertion, deletion or addition to the Content by you; • reliance by third parties on any Content obtained through, or from, the utilisation of Content by you; or • the use of the Site or the use or dissemination of the Content by you. CAI reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall fully cooperate with CAI in asserting any available defense. 9 REPRESENTATION AND WARRANTY You represent, warrant and covenant that: (i) you have reached the age of majority in the jurisdiction of your residence; (ii) you have the power, capacity and authority to enter into this agreement; and (iii) you are not a person barred from accessing the Site under the laws of any applicable jurisdiction. 10 MODIFICATIONS CAI may, in its sole discretion and without prior notice to you, modify the Content, data, functionality, specification, presentation or information of the Site. CAI will not be responsible for any effects such modification may have on you or your use of the Site or the Content. 11 AMENDMENT CAI reserves the right from time to time and without notice to make changes to the Terms as CAI deems fit. Notice of any change will be posted on the Site page and you are responsible for regularly reviewing the Terms. Continued use of the Site after notice of change shall constitute your agreement to be bound by such new terms. 12 LINKS TO OTHER WEBSITES The Site contains links to other websites and advertisements. CAI is not responsible for the availability of such websites or the content, accuracy or opinions expressed in such websites and advertisements, and such websites and advertisements are not investigated, monitored or checked for accuracy or completeness by CAI. Inclusion of any advertisement or linked website on the Site does not imply approval or endorsement of the advertisement or linked website by CAI. If you decide to leave the Site and access any linked third-party websites, you do so at your own risk. 13 DEALINGS WITH ADVERTISERS Your communication or business dealings with advertisers found on or through the Site, including payment and delivery of related goods or services, and any other warranties, representations, terms or conditions associated with such dealings, are solely between you and such advertisers. You agree that CAI shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers' advertisements on the Site. 14 LINKING AND FRAMING 14.1 You shall not link to, frame, archive, cache or mirror any Content or webpage of the Site unless you first obtain CAI's express written consent. You shall not use metatags or any other "hidden text" that incorporates CAI's name or trade marks without CAI's express written consent. 14.2 You may link to the home page of the Site as long as the link does not defame CAI or cast CAI in a false or misleading light. You shall not link to the Site any site containing an unlawful, inappropriate, infringing, obscene, pornographic, scandalous, blasphemous, hateful, violent, insulting, harassing, abusive, deceptive, misleading, offensive, libellous, slanderous, defamatory or racially, ethnically, sexually, religiously, politically or otherwise objectionable topic or material that violates any applicable intellectual property, proprietary, privacy or publicity rights. You shall not link to one of our inner pages unless the link clearly identifies the Site as the location of the linked pages. 14.3 If you would like to link to, frame or redistribute any Content of the Site, you must request permission from CAI by writing to CONTACT US, providing (i) your identity details; (ii) the website address where the proposed use will happen; and (iii) details about the proposed linking or framing activities, including the Content or webpage of the Site which you would like to link to or frame. 15 TERMINATION 15.1 CAI may, without notice, terminate the Terms, or suspend your access to the Site, with or without cause at its own discretion at any time and effective immediately. The Terms will terminate without notice if you fail to comply with any provision of the Terms. 15.2 You may terminate the Terms at any time by discontinuing your use of the Site and destroying all materials obtained from the Site. 15.3 Upon termination, you shall immediately cease use of the Site and all Content and promptly destroy or delete all materials or information obtained from the Site and any copies thereof. CAI shall not be liable to you or any third party for the termination or suspension of your access to the Site. 16 COLLECTION OF USER INFORMATION 16.1 In accordance with the Personal Data (Privacy) Ordinance, Chapter 486 of the Laws of Hong Kong, CAI will collect, use and process your personal information, provide such personal information to its agents, contractors or licensors, and/or transfer such personal information out of your home country, for the purposes of (i) providing access to and use of the Site to you, (ii) providing customer support, billing and other similar activities related to the Site, and (iii) providing information about products and services offered by CAI and its licensors. The personal information may also be used for statistical purposes and statistics provided to third parties, but not in such a way that your personal information is disclosed. CAI and its licensors may provide your personal information and/or account information to regulatory authorities and other third parties as required by applicable law or regulation or pursuant to contractual obligations to third party content providers. 16.2 You have the right to request access to and correct personal information held by CAI or CAI's licensors. CAI will make effort to correct errors in your personal information with reasonable promptitude. To obtain access to personal information held by CAI or CAI's licensors, you should send an email to us via CONTACT US. Administration fees may apply . 16.3 Access to the Site is monitored. The requesting URLs, the machine originating the request, and the time of the request are logged for access statistics and security purposes. Use of the Site constitutes consent to such monitoring. 16.4 CAI uses web site browser software tools, such as cookies and web server logs, and/or other technologies to gather information about its users' browsing activities in order to constantly improve the Site and better serve its users. This information assists CAI to design and arrange its web pages in the most user-friendly manner and to continually improve the Site to better meet the needs of users and prospective users of the Site. 16.5 By using the Site, you consent to CAI's collection and use of your information as described in the Terms. 17 RESTRICTION ON USE OF NAME AND TRADE MARK No right or licences are granted by CAI to you expressly or by implication to use the name or any trade mark, service mark, trade name or symbol of CAI or any of its licensors in any advertising or promotional materials, public relations activities or other materials or activities or in connection with your products or business without CAI's prior written consent. 18 NOTICES You understand and agree that use of the Site may include certain communications from CAI, such as service announcements, administrative messages and other messages necessary for the operation of the Site, and that these communications are considered part of the conditions of access to the Site. You will not be able to opt out of receiving such communications. You can opt out of receiving marketing materials from CAI by sending an email to us via CONTACT US. CAI may provide you with notices by but not limited to email, regular mail, SMS, MMS, text message, postings on the Site, or other reasonable means now known or hereafter developed. 19 GOVERNING LAW AND JURISDICTION The Terms shall be governed by and construed in accordance with the laws of the Hong Kong SAR, excluding conflict-of-law principles that would cause the application of the laws of any other jurisdiction. You hereby submit to the exclusive jurisdiction of the courts of Hong Kong SAR. 20 WAIVER The failure by CAI to enforce at any time or for any period any one or more of the provisions of the Terms shall not be a waiver of them or of the right at any time subsequently to enforce all provisions of the Terms. 21 SEVERANCE In the event that any provision or part of the Terms is held to be invalid, illegal or otherwise unenforceable, the Terms shall be deemed to be amended by the addition or deletion of wording as appropriate to remove the invalid part or provision but otherwise to retain the provision and the other provisions of the Terms to the maximum extent permissible under applicable law. 22 SURVIVAL OF TERMS Clauses 3, 4, 6, 8, 12, 13, 14, 15.3, 16, 17, 19, 20, 21 and 22 shall survive the termination or expiry of the Terms. WEB-TERMS-V001 |
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