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| Disclaimers & Terms of Use |
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| IMPORTANT: By accessing any of the Websites (defined below) or any of their pages, you agree to be bound by, and acknowledge and confirm, the terms set out below. For the avoidance of doubt, if you are provided with any of the E-Services (defined below) , your access to and use of such service shall be subject to the terms and conditions governing the access to and use of such service and shall not be subject to these Disclaimers & Terms of Use. |
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| 1. |
Definitions |
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| 1.1 |
In these Disclaimers & Terms of Use, unless the context requires otherwise, the following words and expressions have the following meanings: |
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CES Commodities (HK) Limited, CES Forex (HK) Limited, Everbright Securities Investment Services (HK) Limited, Everbright Securities Digital Finance (HK) Limited, CES Wealth Management (HK) Limited and Bright Fund Management Limited together with their respective associates and subsidiaries are, collectively and individually, referred to in these Disclaimers & Terms of Use and on the Websites as "Everbright Securities International " or "EBSI". Bright Fund Management Limited operate under a separate brand . |
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"E-Services" means the Internet and/or other facility(ies) provided by, and/or on behalf of, EBSI which enable(s) its clients to give electronic instructions and if applicable, offers in accordance with the terms and conditions of the document(s) agreed by EBSI and its clients, whether in Hong Kong or elsewhere, and to receive information and related services. |
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"Hong Kong" means the Hong Kong Special Administrative Region of the People's Republic of China. |
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"Information" means information, data, messages, materials and other content contained on the Websites (whether provided by EBSI or any third party and whether or not produced as a result of any tool provided on the Websites) or sent by EBSI via short message services ("SMS") (if applicable). |
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"third-party services provider" means a third party who provides certain services on the Websites or whose services can be subscribed on or via the Websites. |
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"Websites" means the website(s) of EBSI. |
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| 1.2 |
In these Disclaimers & Terms of Use, unless the context requires otherwise, (i) words importing the singular include the plural and vice versa; (ii) references to a person include individual, body corporate or unincorporate; (iii) all references to any particular gender include all genders; (iv) reference to a statute or statutory provision includes a reference to it as amended, extended, replaced, substituted or re-enacted from time to time and also includes any subordinate legislation made under the relevant statute or statutory provision; and (iv) headings are inserted for convenience only and shall be ignored in construing these Disclaimers & Terms of Use. |
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| 2. |
Legality and No Offer |
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| 2.1 |
The Information (or any part of it) is not intended for distribution to, or use by, any person in any jurisdiction where such distribution or use may be contrary to any law or regulation of such jurisdiction or which may subject EBSI to any legal or regulatory requirement within such jurisdiction. Any person who intends to access or use any part of the Websites/Information must satisfy himself that he is not subject to any local requirement which restricts or prohibits him from doing so. |
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| 2.2 |
None of the Information constitutes a solicitation or offer by EBSI to buy, sell or otherwise deal in, whether as principal or agent or otherwise, any securities, futures, options or other financial instruments or other products or to provide any service or advice of whatsoever nature. |
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| 3. |
Disclaimers |
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| 3.1 |
Although the Information is provided in good faith and obtained or complied from sources that EBSI believes to be reliable, EBSI does not represent or warrant, whether expressly or impliedly, the accuracy, validity, adequacy, sequence, timeliness or completeness of any of the Information. |
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| 3.2 |
The Internet or other electronic media (including, without limitation, the Websites, electronic devices, services of third party telecom service providers such as mobile phones or other handheld trading devices or interactive voice response systems) is/are inherently unreliable medium/media of communication and that such unreliability is beyond EBSI's control. Such unreliability may give rise to various consequences e.g. it may result in failure or delay in transmission of any communication or Information or affect any function available on the Websites or the timeliness, sequence, accuracy, validity, adequacy or completeness of any communication or Information or cause loss, or loss of confidentiality, of any communication or Information. The aforesaid is not an exhaustive list of all consequences from such unreliability. EBSI shall not be responsible for any loss, damage, cost, expenses, claim or liability of whatsoever nature, directly or indirectly, arising out of or in connection with such unreliability or the public nature of the Internet or other electronic media or any other cause beyond EBSI's control (including, without limitation, a breakdown or failure of transmission of communication facilities), even if any relevant notice may have been given to EBSI. |
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| 3.3 |
The Information available on the Websites does not constitute any advice or recommendation on the part of EBSI and are not meant to be relied on by you or any other person. |
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| 3.4 |
All quotes or quotations available on the Websites do not constitute any commitment on the part of EBSI. |
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| 3.5 |
Notwithstanding anything to the contrary which may be contained in the Information, EBSI gives no express or implied warranties or representations (including, without limitation, warranties or representations regarding merchantability, fitness for a particular purpose, security, non-infringement of third party rights or freedom from computer viruses or other harmful components), and disclaims any liability of whatsoever nature, in connection with or arising out of any of the Information or any part or function of the Websites or any reliance on or access to or use of, or any inability to access or use , any of the Information or any part or function of the Websites, even if any relevant notice may have been given to EBSI. |
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| 3.6 |
You may subscribe to the services provided by a third-party services provider. Your access to and use of such services shall be governed by the agreement between you and that third-party services provider and you must comply with such agreement. Notwithstanding that such services are available or subscribed, on or via, the Websites, EBSI does not approve or endorse such services or any information, data, material, message or content provided by or via such services or any matter (including, without limitation, any software required) in relation to such services or any information, data, material, message or content provided by or via such services. EBSI is not and will not be a party to any agreement or other arrangement between you and that third-party services provider. Thus, EBSI accepts no liability in connection with or arising out of such services or any information, data, material, message or content or provided by or via such services, even if any relevant notice may have been given to EBSI. Further, EBSI accepts no liability in connection with or arising out of any act or omission of any third party (whether such third party is a third-party services provider or not), even if any relevant notice may have been given to EBSI. |
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| 3.7 |
Any software required for the use of any part of the Websites/Information may be governed by a license agreement and you must comply with the terms and conditions of it. You are solely responsible for your breach of any such term or condition. EBSI does not accept any liability whatsoever as a result of your downloading or using, in any other way, such software. |
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| 3.8 |
EBSI may, at any time and from time to time, at its absolute discretion, without notice and without giving any reason therefor, make any changes to the Information and/or the Websites (or any part thereof) and/or decline your access to and/or use of the Websites (or any part of the Websites). EBSI shall accept no liability in connection with or arising out of any such change or declination, even if any relevant notice may have been given to EBSI. |
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| 4. |
Intellectual property rights and others |
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| 4.1 |
EBSI and other parties own the trade names, trademarks, service marks and logos and the like displayed on the Websites and none of them should be used unless with the prior written consent of EBSI and/or the party(ies) owning the same. |
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| 4.2 |
Information and the information, data, materials, messages and contents provided by any third-party services provider are protected by copyright and they (or any part of them) should not be reproduced, transmitted, copied, published, distributed, shared, modified or otherwise used for any purpose whatsoever unless with the prior written consent of EBSI and/or the party(ies) owning the same. |
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| 4.3 |
You should not tamper with, modify, decompile, reverse engineer, establish any link to, introduce computer viruses or other harmful components to or make any unauthorized access to or use of any part of the Websites or of the Information or any services, information, data, material, message or content provided by any third-party services provider. And you should not permit or assist any other person to do the foregoing. Unauthorized use of any part of the Websites or of the Information or any services, information, data, material, message or content provided by any third-party services provider includes but is not limited to the use of the same on any other website or in a networked computer environment for any purpose whatsoever. |
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| 5. |
Linked websites |
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| 5.1 |
Your access to or use of any other websites linked to the Websites ("third-party websites") or any part of their respective contents is at your own risk. EBSI is not responsible for any matter related to the third-party websites (including, without limitation, the contents or the set-up thereof). Your access to and/or use of any of the third-party websites shall be governed by the terms and conditions (including, without limitation, such website's privacy statement) of the owner/provider of such website and you must comply with such terms and conditions. Notwithstanding the provision of the hyperlinks to the third-party websites, EBSI does not endorse, approve, guarantee or recommend any third party, any of the third-party websites or any product or service on the same. EBSI is not and will not be a party to any agreement or other arrangement between you and the owner/provider of any of the third-party websites. Thus, EBSI accepts no liability in connection with or arising out of any of the third-party websites, even if any relevant notice may have been given to EBSI. |
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| 5.2 |
EBSI is not responsible for any matter related to any software required for linking to any of the third-party websites (including, without limitation, the downloading of such software) or for any consequences from your downloading or using, in any other way, such software. The downloading or use of such software may be governed by a license agreement and you must comply with the terms and conditions therein contained. You are solely responsible for your breach of any such term or condition. EBSI does not accept any liability whatsoever as a result of your downloading or using, in any other way, such software. |
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| 6. |
Disclosures |
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| Disclosure of interest: |
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| 6.1 |
EBSI, its directors, representatives, employees and/or associates and/or the families of the foregoing and EBSI's clients may, from time to time, be counterparties to or have, direct and/or indirect, interests (whether by way of security interest or otherwise) and/or positions (long or short) in respect of and/or sell, purchase or otherwise deal in, as principal or agent, in the open market or in any other way, any companies, investments and/or instruments mentioned on or via the Websites. |
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| 6.2 |
EBSI is actively engaged in financial-services businesses and may in the course of such businesses have or develop business relationships with third parties including share issuers (including, without limitation, lending, depositary, risk management, advisory and banking relationships) and EBSI may also, amongst other things, be a member of and/or have an ownership interest in, an exchange or other venue on which securities or other instruments (which may be mentioned on or via the Websites) are traded and/or make markets in securities or such instruments. |
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| 6.3 |
As a result of paragraphs 6.1 and 6.2 above, EBSI, its directors, representatives, employees and/or associates and/or the families of the foregoing may have or acquire non-public information with respect to the securities, investments and/or instruments mentioned on or via the Websites and such information shall not be provided to you. In addition, the interests of EBSI, its directors, representatives, employees and/or associates and/or the families of the foregoing may conflict with your interest and, subject to applicable laws and regulations, EBSI, its directors, representatives, employees and associates and the families of the foregoing each reserve the right to take such actions as they each consider necessary or appropriate (including, without limitation, any sale, disposal or enforcement in relation to any securities, investments and/or instruments) to protect his/her/its interest. |
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| Disclosure of risks: |
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| 6.4 |
There may be risk disclosure statements or information ("RDS") available on the Websites from time to time. You shall be deemed to have read, understood and accepted the terms and risks mentioned in the RDS if you access or use, or continue to access or use, any part of the Websites after the posting of the RDS on any part of the Websites or at the time when the RDS is available on the Websites. |
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| 7. |
Privacy |
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| 7.1 |
You agree to the terms contained in the Statement of Practice in regard to the Personal Data (Privacy) Ordinance (the "Ordinance"). |
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| 8. |
Indemnity |
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| You shall on demand indemnify and keep indemnified EBSI from and against all liabilities, claims, costs, expenses and damages of any kind which may be reasonably suffered or incurred by EBSI, directly or indirectly, arising out of or in connection with your access to and/or use of the Websites (or any part of them) and/or the Information (or any part of it) and/or the reliance and/or acting on by EBSI any information, data, message or communication from you or purportedly from you or your breach of any provision in these Disclaimers & Terms of Use. |
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| 9. |
Simplified Chinese Version |
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Everbright Securities International (“EBSI”) provides a character-based translation software (“Software”) in this web site. Permission is granted for users to use the Software to convert the content of this website from traditional Chinese character version to simplified Chinese character version. EBSI undertakes or accepts no liability or other responsibility and gives no warranty in relation to defects or insufficiency in or of the Software and in particular, but without prejudice to the generality of the foregoing, EBSI does not make any representation or warranty regarding fitness for any particular purpose, accuracy, reliability, availability, accessibility or completeness of the Software, whether express or implied, statutory or otherwise. EBSI expressly states that it has not approved or endorsed the simplified Chinese character version of the web content and EBSI accepts no responsibility or liability (whatsoever and howsoever caused) for such simplified Chinese character version. Under no circumstances should users treat the simplified Chinese character version as an equivalent of the traditional Chinese character version thereof. Users should verify the simplified Chinese character version of this website by making reference to the published traditional Chinese character version thereof, and should at their own costs seek independent legal advice on the legal status, validity and effect of any content of the simplified Chinese character version before relying or acting upon it.
If you transmit any content of the simplified Chinese character version of this website or its URL to any third party, you agree to forward this Disclaimer Statement at the same time to the third party and guarantee that the third party accepts this Disclaimer Statement before browsing any content of the simplified Chinese character version of this website.
If there is any inconsistency between the English and Chinese version of this Disclaimer Statement, the English version shall prevail.
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| 10. |
General |
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| 10.1 |
EBSI may, at any time and from time to time, at its absolute discretion, without notice, make any amendments to these Disclaimers & Terms of Use and the amended version of these Disclaimers & Terms of Use shall be effective immediately upon the posting of it on the Websites. |
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| 10.2 |
Each provision of these Disclaimers & Terms of Use is severable and distinct from the others and, if at any time any provision of these Disclaimers & Terms of Use is or becomes illegal, invalid or unenforceable in any jurisdiction, the legality, validity and enforceability of the remaining provisions of these Disclaimers & Terms of Use in that jurisdiction or of that provision or the remaining provisions of these Disclaimers & Terms of Use in other jurisdictions shall not be affected or impaired thereby. |
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| 10.3 |
These Disclaimers & Terms of Use may be translated into other languages. Should there be any inconsistency or conflict between the translated version and this English version, this English version shall prevail. |
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| 10.4 |
These Disclaimers & Terms of Use shall be governed by and construed in all respects in accordance with the laws of Hong Kong. |
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| 10.5 |
(i) |
ET Net Limited and its information vendors endeavor to ensure the accuracy and reliability of the information provided by them, and accept no liability (whether in tort or contract or otherwise) for any loss or damage arising from any inaccuracies or omission. |
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(ii) |
AASTOCKS.COM LIMITED, its information providers, The Stock Exchange of Hong Kong Limited and The Hong Kong Futures Exchange Limited endeavor to ensure the accuracy and reliability of the information provided, but do not guarantee its accuracy and reliability and accept no liability (whether in tort or contract or otherwise) for any loss or damage arising from any inaccuracies or omissions. |
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(iii) |
For the avoidance of doubt, if you subscribe to any service provided by any of the companies mentioned in paragraph 10.5(i) or (ii), your access to and use of such service shall be governed by the agreement between you and such company. |
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ADDITIONAL DISCLAIMER
The terms and conditions of the Additional Disclaimer (click here) supplement the aforesaid Disclaimers unless the context not allows. Should there be any inconsistency between the terms of the Additional Disclaimer and the aforesaid Disclaimers, such inconsistency should be resolved in favor of the provisions affording the broadest protection to EBSI Group as permitted under the applicable laws and regulatory requirements
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