1. Effective Date: 23 October 2018
- These terms and conditions of use (“Terms”) set out the terms and conditions under which Branding China Group, a company incorporated under the laws of Jurisdiction (“us”, “we”, “BC Group” or the “Company”), offers you access to and use of the BC Group website at https://www.brandingchinagroup.com (“Website”).
- By accessing or using the Website, you are deemed to have read, understood and accepted all these Terms and be by these Terms.
- All information contained in this Website is provided in good faith based on facts BC Group knows at the time they are published on the Website. While every attempt is made in the preparation of such information to ensure its accuracy, such information, however, is subject to change. BC Group reserves the right to change at any time without any notice on this Website. To the extent permitted by law, BC Group is not responsible for any errors, omissions, or for the results obtained from the use of the information. All information on this Website is provided “as is”, with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and with no warranty of any kind, expressed or implied, including but not limited to warranties as to fitness for a particular purpose. BC Group will not accept any responsibility or liability for any inaccuracy thereof. If any law prohibits the exclusion of such liability, you agree that BC Group’s liability is limited to the resupply of the information where is permitted by law.
- This Website may contain links to websites of our subsidiaries, affiliates or third party websites, which are provided for convenience only. Any use or access to these websites are solely at your own risk and subject to the respects terms and conditions provided therein.
3. Intellectual Property
- For the purposes of these Terms, “intellectual property rights" means any rights under patent, trademark, copyright and trade secret laws, any applications or registrations relating to such rights, and any other property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral rights and similar rights in relation to tangible or intangible expressions of ideas.
- All rights in any design, text, graphics or other material on the Website are the property of the Company or our licensors or other third parties with whom we have a relationship, and are protected by intellectual property rights laws.
- By accessing the Website and downloading material (including contained in any temporary cache), you acknowledge that you do not acquire any intellectual property rights or ownership rights and may not resell any of the products or reports appearing on the Website, nor to hotlink, frame or otherwise present any version of the Website to any other person or entity. You may download materials from this site for your personal and non-commercial use only, without altering or removing any trademark, copyright or other notice from such material.
- We reserve the right to remove or disable access to any content or other materials from the Website that violates or may infringe any person’s intellectual property rights.
- All rights not expressly granted hereunder are expressly reserved.
- The information, opinions and data on or provided through the Website or the links provided herein may, in whole or in part, have been obtained from third party sources. Accordingly, we do not guarantee the accuracy, validity, timeliness or completeness of such information, opinions or data for any purpose.
- You must seek the advice of professional advisors regarding the evaluation of any specific information, opinion, advice or other content, and acknowledge that you have had the opportunity to take such advice before using the Website.
6. Compliance with Laws and Regulations
- You agree and acknowledge that it is your responsibility to comply with all applicable laws and regulations relating to your use of the Website. If you have any doubts about whether or which laws and regulations apply to your circumstances, you should seek independent legal, accounting or taxation advice.
11. Our Notifications to You
You are notified as follows:
- Our commitment to regulatory compliance: we intend to operate in full compliance with applicable laws and regulations and obtain any necessary licences and approvals in key markets, as and when needed. Regulatory licences and/or approvals may be required in certain jurisdictions in which relevant activities may take place. It is not possible to guarantee, and we make no assurances, that any such licences or approvals will be obtained within a particular timeframe or at all. This could require restructuring of our services and/or the unavailability of our service in whole or in part.
- No advice: any opinions, news, research, analyses, prices or other information contained on or through this Website is provided as general market commentary, and does not constitute investment or financial advice, nor should it be relied on for any investment decision. We will not accept liability for any loss or damage, including but without limitation to, any loss of profit, which may arise directly or indirectly from use of or reliance on such information. You are solely responsible for any investment or purchasing decisions, and should carefully review any information or written material that is available on this Website. You should perform any due diligence that is necessary and appropriate in your own personal circumstances, including consultation with independent legal, tax, accountancy and other professional advisors.
- Commercial arrangements: we may have relationships with other entities described on the Website and in other communications. Our personnel who prepare such material may be compensated in part based on those activities. Additionally, our personnel may have acted on the basis of this material either on behalf of the Company’s proprietary interests or, where permitted, in their personal accounts. As such, unless an email or written communication from us is stated to be independent, you should not rely on that email or written communication as being either objective or independent from the interests of the Company and/or its officers, employees or agents, which interests may conflict with your own. Officers, representatives and agents of the Company may provide written or oral communications, to our clients and business units that may be contrary to the opinions conveyed to you.
- No representations: no representation or warranty is given as to the achievement or reasonableness of any plans, future projections or prospects and nothing on this Website should be relied upon as a promise or representation as to the future.
- Indicative terms, pricing levels and returns: Any reference to value(s), price(s), return(s) or other terms on the Website is intended to be indicative only, and is not a representation that any transaction can or could have been effected at those value(s) or price(s), or on those terms, or have achieved the return(s) stated. Any forward-looking statements may be based on various assumptions which are not stated within a communication and which may ultimately differ substantially from actual market conditions or external events.
- Internet communications: Communications over the Internet may be subject to interruption, transmission blackout, delayed transmission due to Internet traffic, or incorrect data transmission due to the public nature of the Internet. Please exercise caution, and confirm any relevant details/communications by other means if you have any doubt about the accuracy of this communication.
- Records of communications: Any communications with us or our officers, representatives or agents may be recorded and retained, subject to applicable law, our record retention policies and the terms of any applicable written agreement.
12. Disclosures, Disclaimers and Exclusion of Liability
- Each time you access the Website, you agree that you have read and acknowledged our Risk Disclosure Statement (including any amendments from time to time).
- While we will use reasonable care and skill in operating the Website, it is provided “as is”, and we cannot promise that the Website will always be available, meet your requirements or be completely free of faults, errors or compromise from cybersecurity events.
- To the maximum extent permitted by law, except as expressly set out in these Terms, we disclaim and exclude:
- all conditions, representations, warranties and statutory guarantees, whether express or implied, in relation to the Website; and
- any liability, whether in contract, tort (including negligence), or under any theory of liability or otherwise, for any indirect or consequential loss, damage or expense incurred by you or any other user in connection with the Website.
- Without limitation to paragraph c of this section, we disclaim and exclude, to the maximum extent permitted by law, liability for any loss or damage which may arise directly or indirectly or your inability to access the Website, and also the liability for any delay or failure of the transmission or the receipt of any instruction, communication or notification sent through the Website.
- Without prejudice to any other disclaimer, waiver, indemnity or exclusion of liability that you agree to in any agreement with us, you agree to:
- indemnify, to the extent permitted by Hong Kong law, the Company and any affiliate against any action, claim, proceeding, loss, damage, expense or liability you have suffered or incurred directly or indirectly arising from your use of the Website; and
- release the Company and any affiliate against any action, claim, proceeding, loss, damage, expense or liability you have suffered or incurred directly or indirectly arising from your use of the.
- To the extent we are unable by law to exclude any implied condition, representation, warranty or statutory guarantee in relation to the provision of goods or services through the Website, we limit our liability for a breach to the re-supply of those goods or services, or payment for such re-supply. This is without limitation to any other exclusions or restrictions of our or others’ liability in connection with the Website.
- Specifically, and without prejudice to the foregoing, the Company is not your fiduciary, agent or advisor, and no such obligations arise in connection with any of your activities through the Website unless specified in writing by the Company from time to time. No communication or information provided by the Company to you is intended as investment advice, financial advice, legal advice, tax advice or accounting advice, and no representations or warranties are made to you in any of those capacities.
- If any of these Terms are determined to be illegal, invalid or otherwise unenforceable, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it will be severed and deleted from these Terms and the remaining Terms will survive, remain in full force and effect and continue to be binding and enforceable.
15. No Waiver
- Where applicable, the Company’s failure, delay or neglect in exercising any right, power, privilege, election or discretion under these Terms shall not operate as a waiver thereof.
16. Modification of Terms
- The Company unconditionally reserves its right to modify these Terms at any time.
- The Company may give notice to you of such modifications by:
- providing notice through your Account, Registered Email or other communication method;
- providing a further copy of the Terms upon accessing the Website or your Account; or
- changing the Effective Date stated in paragraph 1 of these Terms.
- Each time you use the Website, or any other service or transaction through the Website, you confirm your agreement to the most recently updated Terms, whether or not notified to you in accordance with paragraph 1.a.
- If you do not agree to any Terms, or any modification of the Terms from time to time, you must cease using the Website, and should email us to request that your Account be closed.
17. Governing Law
- These Terms are governed by the laws in force in Hong Kong.
18. Submission to Arbitration
- Any dispute, controversy, difference or claim arising out of or relating to these Terms, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to these Terms will be referred to and finally resolved by arbitration administered by HKIAC under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted.
- You agree that:
- the law of this paragraph 18 is Hong Kong law;
- the seat of arbitration will be Hong Kong;
- unless the parties agree otherwise, the number of arbitrators will be 1 and that arbitrator must have relevant legal and technological expertise;
- if the parties do not agree on the arbitrator to be appointed within 15 days of the dispute proceeding to arbitration, the arbitrator is to be appointed by HKIAC; and
- the arbitration proceedings will be conducted in English.
- Notwithstanding any other provision of these Terms, you agree that we have the right to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
- In the case of a discrepancy between the English version and any other language version in respect of these Terms, the Website, the English version prevails.
- In the event of any inconsistency between these Terms and any other Agreement between you and the Company, the Agreement shall prevail.
- If you have any questions in relation to the above, please contact us at https://www.brandingchinagroup.com before continuing to access the Website.