| 1. Definitions | ||
| In these Terms and Conditions references to: | ||
| "including" means including, without limitation to the generality of the surrounding words; | ||
| "our", "ours", "us" and "we" refer to UOB Kay Hian (Hong Kong) Ltd; | ||
| "you", "your" and "yours" refer to you, our customer. | ||
| 2. Customers' Information | ||
a.
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To enable us to provide you with the e-Market News Services, you are required to supply personal data to us and keep the data updated. Failure to do the same may result in our inability to provide such service. | |
b.
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You have the right to request the personal data not to be used for direct marketing purposes. Any request may be made in writing and addressed to our Data Protection Officer through our branches. We will comply with such request unless we may be or are required to refuse to do so under any applicable laws and regulations. | |
| 3. Scope of the e-Market News Services | ||
a.
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We will from time to time determine or specify the scope and features of the e-Market News Services and are entitled to modify, expand or reduce the same at any time with or without notice. | |
b.
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The e-Market News Services are offered only to residents of the Hong Kong Special Administrative Region ("HKSAR"). The materials in the e-Market News are not intended for use by persons located in or resident in jurisdictions which restrict the distribution of the materials in the e-Market News by us. Persons accessing the e-Market News should inform themselves about and observe any relevant restrictions. The e-Market News should not be regarded as an offer or solicitation to subscribe to any products or services (including, without limitation, securities, investments, deposits, insurance and loans) in any jurisdiction to any person to whom it is unlawful to make such an invitation or solicitation in such jurisdiction. | |
c.
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If we give notice of a change to the e-Market News Services, such notice may be made in such manner and by such means of communication as we shall deem fit, including, without limitation, use of direct mailing material, advertisement, branch display or electronic communications such as e-mail. | |
| 4. E-mail Security | ||
| a. | If you elect to receive the e-Market News by e-mail, you are responsible for ensuring that you have compatible telecommunications equipment capable of receiving such e-Market News. | |
| b. | You should never respond to a request purportedly from us via the e-Market News Services to provide your account or personal information by e-mail as we will never make such a request. | |
| c. | You should never provide your account or personal information on screen following a website hyperlink from an e-mail of the e-Market News. All website hyperlinks authorised by us will be for information only and will not require the inputting of your account or personal information. | |
| d. | Any e-mails sent by us are one-way and you should not reply to such e-mails. | |
| 5. Intellectual Property, Information and Information Providers | ||
| a. | You acknowledge and agree that the e-Market News Services, the information, the form, format, mode or method of compilation, selection, configuration, presentation and expression (collectively "Information") are identified as proprietary property of ours and that of the information providers. | |
| b. | Unless expressly permitted by these Terms and Conditions, you shall not, and shall not attempt to : | |
| i. | sell, transfer, disclose, assign, convey, lease, sub-license, share, loan, distribute, transmit, broadcast, cablecast, put in circulation, download, reproduce, duplicate or otherwise provide or disseminate any Information in any form or by any means to any other person or commercially exploit any Information; | |
| ii. | remove, obliterate, erase, relocate or modify in any way any proprietary marking on or appearing with the Information including, without limitation, any trademark or copyright notice; or | |
| iii. | incorporate or combine the Information with any other programmes. | |
c.
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You agree that all right, title and interest in and relating to the Information and any and all related copyright, patent, trademark, service mark, proprietary property, trade secrets and exclusive works are and shall be the exclusive property of ours and the respective information providers. No right, title or interest other than the right to access the e-Market News Services subject to these Terms and Condition is conveyed or transferred to you. You shall not make any representation or do any act which may be taken to indicate that you have any such right, title or interest. | |
d.
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An information provider may impose from time to time terms and conditions in relation to the availability of any Information supplied by it. Your access to such Information on or after the effective date, subject to prior notification of such terms and conditions, shall constitute as your acceptance of such terms and conditions. | |
| 6. Disclaimer | ||
a.
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General financial and market information, news services and market analysis prepared and/or issued by persons other than us and/ or us (together “Market Information”) contained herein is made available for information and general reference only. The Market Information does not intend to and should not be regarded as an offer or solicitation or recommendation to buy or sell any investment products. The information providers or we shall not be considered as investment adviser to you. | |
b.
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Neither the information provider nor we warrant, represent or guarantee the sequence, accuracy, truth, reliability, adequacy, timeliness or completeness of any of the Market Information or whether it is fit for any purpose. Neither of us will assume any liability (whether in tort or contract or otherwise) for any loss or damage arising from any inaccuracies or omission on the Market Information. | |
c.
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For the Market Information which will be supplied by the information provider other than us, such Market Information will be made available as it is supplied and identifying the information provider directly supplying it to us. The Market Information is being re-transmitted by us in the ordinary course of business to you for information and general reference purposes only. Neither we nor any officers, employees, or agents of ours devise, select, add to, modify or otherwise exercise control over its contents. We do not endorse or express any comment on any Information supplied by any information provider or by us nor do we assume any duty to check or verify any Market Information. | |
d.
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No warranty, representation or guarantee of any kind relating to the e-Market News Services and the Market Information is given or may be implied and no employee or agent of ours or any information provider is authorised to give any such warranty, representation or guarantee. | |
| 7. Liability | ||
a.
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We will not be liable to you for any loss you suffer due to any event or circumstance beyond our reasonable control which leads to the e-Market News Services being wholly or partly unavailable. | |
b.
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We will not be responsible for any loss or damage caused to your data, software, computer, telecommunications equipment or other equipment caused by your use of the e-Market News Services. | |
c.
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The third parties supporting the e-Market News Services are neither agencies of us nor representing us. There is no co-operation, partnership, joint venture or other relationship with us. We are not responsible for any losses caused by such third parties. | |
| 8. Pricing and Charges |
| The e-Market News Services are free of charge. |
| 9. e-Market News Services Termination | ||
a.
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You may terminate the e-Market News Services at any time by completing the relevant screen on the website. | |
b.
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We can terminate the e-Market News Services at any time without giving prior notice to you and in our absolute discretion. | |
| 10. Applicable Terms | ||
a.
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When you use the e-Market News Services, you must comply with these Terms and Conditions and other applicable terms and conditions including those of our website from which you access the e-Market News Services which include the Important Message to Readers and Internet Privacy Policy Statement. | |
b.
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If these Terms and Conditions contradict other applicable terms and conditions, these Terms and Conditions will (in relation to your use of the e-Market News Services) override those other terms and conditions to the extent that there is a contradiction. | |
c.
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We reserve our rights to revise, amend or modify these terms and conditions from time to time and in our absolute discretion. | |
| 11. Governing Law and Jurisdiction |
| The e-Market News Services and these Terms and Conditions are governed by and must be construed in accordance with the laws of HKSAR. The parties submit to the non-exclusive jurisdiction of the courts of HKSAR. These Terms and Conditions may be enforced in the courts of any competent jurisdiction. |
| 12. Severability |
| If any part of these Terms and Conditions is held by any court or administrative body of competent jurisdiction to be illegal, void or unenforceable, such determination will not impair the enforceability of the remaining parts of these Terms and Conditions. |
| 13. Personal Information Collection Statement | ||
a.
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The information requested in this form will enable us to provide you with the e-Market News Services and information about the products and services offered by us, our subsidiaries or other entities and other promotional materials which may be of interest to you through our email services and / or SMS. | |
| 14. Governing Version | ||
| The English version of these Terms and Conditions shall prevail if there is any discrepancy between the English version and the Chinese Version. |