Terms of Use
Terms of Use
1. Definitions
1.1. In this Terms of Use, unless the context requires otherwise, the following words and expressions have the following meanings:
(a) "Hong Kong" means the Hong Kong Special Administrative Region of the People's Republic of China;
(b) "Information" means information, data, messages, materials and other content contained on the Websites (whether provided by SDGHK or any third party and whether or not produced as a result of any tool provided on the Websites);
(c) "SDGHK" means Shandong Gold Financial Holdings Group (HongKong) Co., Limited, SDG Securities (HK) Limited and SDG Asset Management (HK) Limited, together with their subsidiaries and associated companies;
(d) "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; and
(e) "Websites" means the website(s) of SDGHK.
1.2. In this Terms of Use, unless the context requires otherwise:
(a) words importing the singular include the plural and vice versa;
(b) references to a person include individual, body corporate or unincorporate;
(c) all references to any particular gender include all genders;
(d) 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
(e) headings are inserted for convenience only and shall be ignored in construing this Terms of Use.
2. Legality and No Offer
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 SDGHK 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.
2.2. None of the Information constitutes a promotion, recommendation, solicitation or offer by SDGHK 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.
3. Disclaimers
3.1. Although the Information is provided in good faith and obtained or complied from sources that SDGHK believes to be reliable, SDGHK does not represent or warrant, whether expressly or impliedly, the accuracy, validity, adequacy, sequence, timeliness or completeness of any of the Information.
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 SDGHK'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. SDGHK 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 SDGHK's control (including, without limitation, a breakdown or failure of transmission of communication facilities), even if any relevant notice may have been given to SDGHK.
3.3. The Information available on the Websites does not constitute any advice or recommendation, no matter in whatsoever nature, on the part of SDGHK and are not meant to be relied on by you or any other person.
3.4. All quotes or quotations available on the Websites do not constitute any commitment on the part of SDGHK.
3.5. Notwithstanding anything to the contrary which may be contained in the Information, SDGHK 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 SDGHK.
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, SDGHK 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. SDGHK is not and will not be a party to any agreement or other arrangement between you and that third-party services provider. Thus, SDGHK 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 SDGHK. Further, SDGHK 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 SDGHK.
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. SDGHK does not accept any liability whatsoever as a result of your downloading or using, in any other way, such software.
3.8. SDGHK 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). SDGHK 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 SDGHK.
4. Intellectual Property Rights and Others
4.1. SDGHK 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 SDGHK and/or the party(ies) owning the same.
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 SDGHK and/or the party(ies) owning the same.
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.
5. Linked Websites
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. SDGHK 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 policy) 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, SDGHK does not endorse, approve, guarantee or recommend any third party, any of the third-party websites or any product or service on the same. SDGHK 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, SDGHK 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 SDGHK.
5.2. SDGHK 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. SDGHK does not accept any liability whatsoever as a result of your downloading or using, in any other way, such software.
6. Disclosures
6.1. SDGHK, its directors, representatives, employees and/or associates and/or the families of the foregoing and SDGHK'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.
6.2. SDGHK 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 and advisory relationships) and SDGHK 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.
6.3. As a result of paragraphs 6.1 and 6.2 above, SDGHK, 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 SDGHK, 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, SDGHK, 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.
7. Privacy
You agree to the terms of the Privacy Policy contained in the Websites.
8. Indemnity
You shall on demand indemnify and keep indemnified SDGHK from and against all liabilities, claims, costs, expenses and damages of any kind which may be reasonably suffered or incurred by SDGHK, 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 SDGHK any information, data, message or communication from you or purportedly from you or your breach of any provision in this Terms of Use.
9. Waiver
No waiver by SDGHK of any right under a term or provision of these Terms of Use will be deemed a waiver of any other right, term, or provision of these Terms of Use at the time of such waiver or a waiver of that or any other right, term, or provision of these Terms of Use at any other time.
10. General
10.1. By visiting and/or utilizing these Websites, you acknowledge that you have read all the terms and provisions under these Terms of Use and that you agree to be bound by them. If you do not agree with any provision under this Terms of Use, you must not access or otherwise use these Website or any of their contents.
10.2. SDGHK may, at any time and from time to time, at its absolute discretion, without notice, make any amendments to this Terms of Use and the amended version of this Terms of Use shall be effective immediately upon the posting of it on the Websites.
10.3. Each provision of this Terms of Use is severable and distinct from the others and, if at any time any provision of this Terms of Use is or becomes illegal, invalid or unenforceable in any jurisdiction, the legality, validity and enforceability of the remaining provisions of this Terms of Use in that jurisdiction or of that provision or the remaining provisions of this Terms of Use in other jurisdictions shall not be affected or impaired thereby.
10.4. This English version of Terms of Use is for reference only, if there is any inconsistency between the English and Chinese versions of this Terms of Use, the Chinese version shall prevail.
10.5. This Terms of Use shall be governed by and construed in all respects in accordance with the laws of Hong Kong.
(Last Update: 27 January 2022)