Electronic Platform Terms and Conditions
These Terms and Conditions (including any supplements, schedules, attachments, to this Agreement, as well as variations or amendments that may be made in the future from time to time) set out the rights and obligations of you (the “User”) and us, Yunfeng Financial Group Limited (including such other entities within our group involved in the operation of any website or application) (“Company”), in connection with the access to and operation of any website or application offered by the Company for mobile devices, tables or other devices (“Electronic Platform”). By using or accessing any part of the Electronic Platform, including downloading any application in connection with the Electronic Platform, the User confirms and agrees the following Terms and Conditions:
1. The Electronic Platform
(a) Any information and materials contained in or accessed through contained the Electronic Platform is for general information purposes only and should not be considered investment advice and should not be used as a basis for making business decisions. Although every attempt has been made to ensure the accuracy of the information, the Company takes no responsibility for any errors or omissions.
(b) The information and materials contained in or accessed through the Electronic Platform website are not an offer or solicitation to sell, buy or otherwise deal in or as the giving of any advice in respect of shares, stocks, bonds, notes, interests, unit trusts, mutual funds or other securities, investments, loans, advances, credits or deposits in any jurisdiction.
(c) The information and materials contained in or accessed through the Electronic Platform is not intended to provide professional advice and should not be so relied upon. Users are advised to obtain appropriate professional advice when necessary.
2. Security and access to the Electronic Platform
(a) The Company has no obligation to correct any bugs, defects or errors in the Electronic Platform, or to otherwise support, maintain, improve, modify, upgrade, update or enhance the Electronic Platform.
(b) The User understands and agrees that all activities conducted by the User via or in the Electronic Platform are at the User’s own risk.
(c) The User is responsible for preventing, safeguarding and ensuring that no computer virus, Trojan horses, worms, software bombs or similar items is uploaded, transmitted or installed onto or via the Electronic Platform.
(d) Data charges (including roaming charges) imposed on the User by its telecommunications provider may apply for accessing or using the Electronic Platform. The User is responsible for these charges.
3. Unauthorised Use
The User undertakes and agrees that it will ensure that it does not undertake any unauthorised use of the Electronic Platform including, but not limited to, unauthorised entry into the Company’s systems, misuse of passwords, or misuse of any information posted on a site or application.
4. Data collection and privacy
5. Hyperlinks and third party websites or resources
(a) The Electronic Platform may offer access to information provided by persons other than the Company and may provide reports compiled from such information in any form, medium or means. The information may be provided in the Electronic Platform or accessible via hyperlinks in the Electronic Platform to third party websites or resources ("Third Party Websites"). While the information is based on sources believed to be reliable, the Company does not guarantee its accuracy and it may be incomplete or out of date.
(b) Hyperlinks to Third Party Websites are at the User’s own risk. The Company does not investigate, verify, monitor or endorse the content, accuracy, opinions expressed, and other links provided by these resources.
(c) The Company expressly disclaims any responsibility for the contents, their availability or errors or omission of information found on the Electronic Platform or any of the Third Party Websites that link to or from the Electronic Platform.
(d) The User is solely responsible for making all enquiries and investigation before proceeding with any online or offline access or dealing with any person through the Third Party Websites.
(a) All copyright and other intellectual property rights of any nature in or relating to the Electronic Platform, including associated information, materials or documentation, will vest in the Company.
(b) The User undertakes and agrees not to modify, reproduce, store, transmit, copy, distribute re-use, re-post, reverse engineer, decompile or otherwise use for any commercial or public purpose, any contents, information or material related to the Electronic Platform.
7. Licence and Ownership
(b) The User undertakes and agrees not to use the Electronic Platform for any purpose which is unlawful, abusive, libellous, obscene, threatening or inappropriate in any other way.
8. Systems failure
(a) The User acknowledges and agrees that the Company will not be liable for any failure of performance, system, server or connection failure, error, omission, interruption, breach of security, computer virus, malicious code, corruption, delay in operation or transmission, transmission error or unavailability of access in connection with the Electronic Platform, even if the Company had been advised as to the possibility.
(b) The User acknowledges and agrees that communications through or in connection with the Electronic Platform may be subject to interruption, transmission blackout, delayed transmission or incorrect data transmission due to the public nature of the internet or otherwise.
9. The Company’s liability
(a) To the fullest extent permitted by law, the Company expressly excludes and disclaims any condition, representation, warranty or responsibility of any kind relating to the Electronic Platform and/or such information and materials, whether express or implied, by statute or otherwise, including without limitation any such condition, representation, warranty or responsibility regarding:
- the title, fitness for a particular purpose, merchantability or standard of quality of the Electronic Platform;
- information and materials on the Electronic Platform including that such information or materials will be accurate or free of errors or omissions;
- freedom from computer virus, Trojan horses, worms, software bombs or similar items;
- infringement of any third party rights; or
- that the Electronic Platform will be available and uninterrupted at any particular time, adhere to any particular performance standards or that any instruction to or information requested via the Electronic Platform will be acted upon, delivered to or received by the User in any time or at all.
(b) To the fullest extent permitted by law, the Company accepts no liability for any loss, damage, demand, claims, liabilities and costs of any kind (“Loss”) arising directly or indirectly from action taken, or not taken, in reliance on information or materials provided via the Electronic Platform. In particular, no warranty is given that economic reporting information, materials or data is accurate, reliable or up to date.
(c) To the fullest extent permitted by law and unless caused by the Company’s wilful misconduct or negligence, the Company will not be liable for any Loss arising directly or indirectly (including special, incidental or consequential Loss) from the User’s use of the Electronic Platform including any Loss from, but not limited to, any defect, error, fault, mistake or inaccuracy with information provided via the Electronic Platform, or due to any unavailability of the Electronic Platform or any contents.
(d) The Company does not guarantee that any communications from or via the Electronic Platform and/or via other means will be sent to the User or received by the Company nor does the Company warrant the privacy and/or security of such communications during transmission.
To the fullest extent permitted by law and unless caused by the Company’s wilful misconduct or negligence, the User agrees to fully indemnify and keep indemnified the Company and its officers and employees on demand against any liability (including tax or levy), Loss (including without limitation loss of profit) or reasonable expense arising from the User’s unauthorised use of the Electronic Platform including any act or omission by the User (including its employees or agents to the extent applicable), the Company’s reliance of information provided by the User for providing the Electronic Platform, and any breach of these Terms and Conditions, any intellectual property or other right of the Company or any other person.
11. Governing law and jurisdiction
(a) These Terms and Conditions are governed by, and may be enforced in accordance with the laws of Hong Kong.
(b) The User irrevocably submits to the exclusive jurisdiction of the courts of Hong Kong in relation to all matters arising from these Terms and Conditions.
(a) To the extent permitted by law, the Company may from time to time amend any of these Terms and Conditions without prior notice to or approval from the User and such amendments shall come into effect immediately.
(b) Any use of the Electronic Platform by the User will be taken to be acceptance of the Terms and Conditions as they apply at the relevant time.
(c) Without limiting any other right under these Terms and Conditions, the Company reserves the right at any time and from time to time, without having to give any reason or explanation, to suspend, expand or reduce the operation of the Electronic Platform and/or any connected services to the User under these Terms and Conditions.
(d) In the event of termination or suspension by the Company of the Electronic Platform, the Company will not be liable to any User for any Loss which may be suffered by the User arising out of, pursuant to or connected with such termination or suspension.
(e) In the event of any difference in interpretation or meaning between the Chinese and English versions of these Terms and Conditions, the User agrees that the English version shall prevail.