TERMS AND CONDITIONS

Please read the following terms and conditions carefully before using this Website. This section contains the terms and conditions under which this Website may be used. Accessing or using this Website means that you accept without limitation or qualification all of the terms and conditions herein. If you do not accept the terms and conditions herein, do not access this Website and do not use any services provided via this Website.

1. Changes to terms and conditions

1.1   Bright Smart Securities International (H.K.) Limited and Bright Smart Futures & Commodities Company Limited (“We”) have sole and absolute discretion to change the terms and conditions herein from time to time by posting changes online without prior notice. You are responsible for reviewing regularly information posted online to obtain timely notice of such changes. By continuing to use this Website following such changes to this Website or the terms and conditions herein, you will be deemed to have accepted and agreed to be bound by such changes.

2. Access to Website

2.1   We have absolute and unfettered right to prohibit or deny your access to this Website or any part thereof immediately without cause or notice, whenever we are of the opinion that you have been in breach of any of the terms and conditions herein or that such prohibition or denial is appropriate, desirable or necessary for protecting our rights and/or ensuring the operation of this Website without any interruption. We shall not be liable in any way to you or any other third party for any loss, damages, expenses or loss of profit whatsoever suffered and/or incurred by you arising out (directly or indirectly) of or in connection with such prohibition or denial or omitting to give notice therefor.

2.2   We have absolute and unfettered right to cancel, withdraw, terminate or suspend all or all part of the Website for any reason whatsoever at our sole discretion without cause or notice. You agree that we shall not be liable in any way to you or any other third party for any loss, damages, expenses or loss of profit whatsoever suffered and/or incurred by you arising out (directly or indirectly) of or in connection with such cancellation, withdrawal, termination or suspension or omitting to give notice therefor.

3. Material and Information

3.1   This Website may contain material, information, financial market data, quotes, charts, statistics, exchange rate, news, research, analysis and other information (“Information”) and the Information or any part thereof maybe provided by third parties, including but not limited to news agencies, business information sources, press releases or other sources.

3.2   The Information is provided on "as is" and "as available" basis. We shall not bear any responsibility for verifying the accuracy, timeliness, completeness and reliability of all or any part of the Information.

3.3   The Information is provided for information and reference only and should not be used as a basis for making decisions. You are recommended to consult primary or more accurate or more up-to-date sources of Information or independent professional advice, if necessary.

3.4   The Information should not be construed as an offer or solicitation to buy or sell any products or services in any country to any person to whom it is unlawful to make such an offer or solicitation or where the local law or regulation does not permit the use of such products or services.

3.5   We have sole and absolute discretion to amend, modify, change or remove the Information or any part thereof, or alter the presentation, substance, or functionality of this Website from time to time without prior notice.

4. Third Party Links
   

4.1    This Website may contain links to third party sites. You acknowledge and agree that: -

(a)    we, our affiliated and associated companies shall not be responsible for the contents available on the linked websites;

(b)    we shall not be deemed to endorse, recommend, approve, guarantee or introduce any third parties or the services, products or other materials they provide on the linked websites;

(c)    we, our affiliated and associated companies are not responsible for verifying the material and information provided by such third party or agency and we shall not be responsible for the accuracy, timeliness, completeness and reliability of such material and information;

(d)    any use, access or reliance on the material and information as mentioned in this clause 4 shall be at your own risk; and

(e)    any arrangements made between you and any third party named on this Website shall be at your sole risk and responsibility.

5. Disclaimer

5.1   We, our affiliated and associated companies make no advice, offer, recommendation, arrangement, representation or warranties of any kind, express or implied, including, without limitation, any warranties on merchantability or fitness for any particular purpose or the use or exercise of reasonable care and skill in providing or delivering any services on or through this Website or the timeliness of services offered or provided on this Website. You are responsible to ensure that your use of this Website complies with all applicable legal requirements.

5.2   Nothing in this Website should be used as a basis for making any specific or other investment or decisions and you shall exercise and rely solely on your own skills and judgment. Investment involves risk of loss as the price and income of the investment may move up and down and the investment may become valueless. There is an inherent risk that losses may be incurred rather than profit made as a result of the investment. Before making any investment or decision, you are recommended to consult independent professional advisors.

5.3   We, our affiliated and associated companies shall not be liable to you or any other person for any loss or damage arising directly or indirectly (including consequential or incidental, special or punitive damages) from your use or access of this Website and the Information or any part thereof in any event, including any loss, damages or expenses arising from, but not limited to, any defect, error, imperfection, fault, mistake or inaccuracy with this Website or the Information, or due to any unavailability of this Website or any part thereof or your access of this Website or the services provided.

5.4   We, our affiliated and associated companies do not warrant and assume any responsibility that: -

(a)   the Information is accurate, adequate, current or reliable, or may be used for any purpose other than for information and reference;

(b)   the Information on this Website is free of any defect, error, omission, virus or anything which may change, erase, add to or damage your software, data or equipment;

(c)   messages sent through the internet will be free from interception, corruption or loss;

(d)   access to this Website will be available or be uninterrupted; or

(e)   defects in this Website will be corrected.

5.5   In no event shall we, our affiliated and associated companies, their respective employees, directors, agents be liable to you or anyone else for any loss or any direct, indirect, special, exemplary, consequential damages, or any damages whatsoever including but not limited to loss of data, profits or revenue, use, whether in tort or contract or otherwise, arising out of or in connection with your access, use of, or your inability to access or use this Website and/or the services provided via this Website.

6. Intellectual Property Rights

6.1   All intellectual property rights subsisting in respect of the Information and this Website, including but not limited to text, graphics and software belong to us or third parties. All rights under applicable laws are hereby reserved. Except with our express permission, you are not allowed to upload, post, publish, reproduce, transmit, distribute or modify in any way any component of the Website itself or create derivative works with respect thereto, as the Website is protected by applicable intellectual property laws.

6.2   In relation to any ideas, concepts, know how, proposals, suggestions, comments and other communications and information provided by you to us in connection with this Website, you hereby grant to us a worldwide royalty-free perpetual license of the copyright and intellectual property rights in such material or information for any purpose it deems fit including, without limitation, the copying, modification, adoption, use, transmission, distribution and publication thereof. You hereby waive and agree to waive all and any rights and claims for any consideration, fees, charges and/or other payments in relation to our copy, modification, adoption, use, transmission, distribution and publication.

7. Indemnity

7.1   You agree to indemnify and hold us, our employees, agents, officers, directors, agents, contractors, suppliers and other representatives harmless from and against all liabilities, damages, claims, actions, costs and expenses (including legal fees), in connection with or arising from:

(a)    breach or non-observance of any of the terms and conditions herein by yourself or any other person or entity where such person or entity was able to access and/or use this Website by using your User Name and/or password; or

(b)    access to and/or use of this Website by yourself or any other person or entity’s access to and/or use of this Website where such person or entity was able to access this Website using your User Name and/or login password.

8. Other Terms

8.1   The illegality, invalidity or unenforceability of any provision of the terms and conditions herein under the law of any jurisdiction shall not affect its legality, validity or enforceability under the laws of any other jurisdiction nor the legality, validity or enforceability of any other provision.

8.2   No waiver of any breach of the terms and conditions herein will amount to a waiver of any other breach.

9. Governing Law and Jurisdiction

The terms and conditions herein shall be governed by the law of the Hong Kong Special Administrative Region of the People's Republic of China ("Hong Kong") and you agree to submit to the exclusive jurisdiction of the Hong Kong courts.

10. Others

The English version and the Chinese version of the terms and conditions Agreement are of the same legal effect. However, in the event of any inconsistency between the English version and the Chinese version, the English version shall prevail.