The Core Securities Company Limited
The information provided on the TCS Sites is not intended for distribution to, or use by, any person in any jurisdiction where such distribution or use would be contrary to law or regulation. The TCS Sites should not be considered as communicating any invitation or inducement to engage in investment activity or any offer to buy or sell any securities or other instruments outside Hong Kong.
The TCS Sites are intended only for your personal, non-commercial use, unless you and TCS have agreed otherwise in writing.
The TCS Sites are intended for users who are at least eighteen (18) years old. Persons under the age of eighteen (18) are not permitted to use or register for the TCS Sites.
Registration Information and Privacy
For your protection and the protection of other users and clients of the TCS Sites, TCS asks you not to share your registration information (including passwords, User Names, screen names and any other security information) with any other person for the purpose of facilitating their access and unauthorized use of the services provided by TCS. If you do share this information with anyone, TCS will consider their activities to have been authorized by you. You alone are responsible for all transactions initiated, messages posted, statements made, or acts or omissions that occur within any services provided by TCS through the use of your Registration information.
Please confirm that you have read below before clicking “I agree” at the end of this User Agreement.
Consent to User Agreement
The User Agreement, other online agreements and the TCS Sites include important disclosures and regulatory information that are associated with the services provided by The Core Securities Company Limited. From time to time, The Core Securities Company Limited may ask you to review other important disclosures or agreements about the services provided by The Core Securities Company Limited.
When you click “I agree” below, you will be consenting to electronic delivery of the User Agreement in HTML format or otherwise, and also affirming the following:
Consent to Electronic Records, Communications and Signatures
You agree to accept all communications from The Core Securities Company Limited regarding use of The Core Securities Company Limited’s services at the addresses you provide during Registration. Please promptly update any changes to your registration information with The Core Securities Company Limited. The Core Securities Company Limited is entitled to rely on the e-mail address and mail address that you last provided. You agree to waive all claims resulting from failure to receive communications because of changes in your e-mail or mail address. From time to time, The Core Securities Company Limited would like to send you information about our products and services. If you register with The Core Securities Company Limited, you are granting The Core Securities Company Limited permission to communicate with you by e-mail. You can opt not to receive such information from The Core Securities Company Limited in the future by following the instructions in any e-mail that The Core Securities Company Limited sends to you.
In connection with your evaluation of potential investments, your decision to invest and your monitoring of your investments made, you consent and agree to the use of electronic media and electronic transmission for the delivery and review of any and all applicable investment information, including without limitation mutual fund products and related information and updates, prospectuses, annual and interim financial reports or other materials or communications relating to such investment information.
You agree to be bound by any affirmation, assent, or agreement you transmit through the services you access by computer or other electronic device, including internet, telephonic and wireless devices, including but not limited to any consent you give to receive communications from The Core Securities Company Limited solely through electronic transmission. You agree that, when in the future you click on an “I agree,” “I consent” or other similarly worded “button” or entry field with your mouse, keystroke or other device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
Revision and Relation to Other Agreements or Disclosures
The Core Securities Company Limited may revise the User Agreement at any time, and you agree to be bound by further revision. It is your responsibility to visit the TCS Sites periodically to review the most current terms and conditions. If you have additional account(s) with The Core Securities Company Limited, your client relationship with The Core Securities Company Limited is also governed by such account agreement(s). If there is any conflict between (1) the User Agreement and (2) your client agreement(s) with The Core Securities Company Limited, then your client agreement(s) will govern. The Core Securities Company Limited may also offer other services from time to time that are governed by different or additional terms and conditions. The services provided by The Core Securities Company Limited are subject to any disclosure or disclaimers found within the services provided by The Core Securities Company Limited.
Limited licence and restrictions on use
User information, data, content and licence grant
To use our services, you will need to register through the TCS Sites. When you register for and use our services, the information you provide to us during the registration and your use will help us in offering our services. You agree that you are solely responsible for all information, data, content, text, photographs, graphics, images, videos, messages, comments, quotations, files, documents, and any other materials that you submit, upload, post, e-mail, transmit, or otherwise make available via the TCS Sites (“User Content”). By submitting, uploading, posting, e-mailing, or transmitting User Content to the TCS Sites, you represent and warrant that either you own all right, title, and interest in and to the User Content or have express permission from the owner to copy and use such User Content for all purposes related to the TCS Sites. The Core Securities Company Limited does not control and is not responsible for the User Content uploaded via the TCS Sites, and The Core Securities Company Limited neither guarantees the accuracy, quality, or appropriateness of nor endorses any User Content submitted to the TCS Sites.
You agree not to use the TCS Sites to:
You grant The Core Securities Company Limited and its affiliates, subsidiaries, directors, officers, employees, agents, licensors, and vendors a perpetual, worldwide, irrevocable, nonexclusive, fully-paid up, royalty-free, sublicensable, and transferable right and licence to use, store, modify, adapt, translate, publish, display, broadcast, perform, disclose, distribute, sell, reproduce, and create derivative works from any User Content, in whole or in part, in any medium or technology throughout the world, including any inventions, concepts, techniques, know-how, ideas, or expressions of ideas arising out of or based on the User Content, for any purpose in The Core Securities Company Limited’s sole discretion, without the requirement of any permission from or compensation or notice, and without liability, to you or any third party. The Core Securities Company Limited shall exclusively own all right, title, and interest in and to any derivative works or inventions created by or on behalf of The Core Securities Company Limited that incorporate or otherwise make use of any User Content, without the requirement of any permission from or compensation or notice, and without liability, to you or any third party.
You acknowledge that The Core Securities Company Limited and/or its vendors may or may not (but are not obligated to) monitor User Content, but that The Core Securities Company Limited shall have the right in its sole discretion to monitor, post, move, refuse, or remove any User Content, in whole or in part, for any reason whatsoever, without notice and without liability.
Certain parts of the TCS Sites may be protected by passwords or require a login. Further, for authentication purposes, certain features on the TCS Sites may require you to answer a designated security question. You agree to provide The Core Securities Company Limited with current, complete, and accurate information about you as prompted by the applicable registration process and agree to regularly update this information to maintain its completeness and accuracy. You agree to use the TCS Sites to access only those accounts on which you are authorized to act, and you agree to use your own user names, logins, passwords, and security questions and answers when accessing accounts on which you are authorized to act. You agree not to obtain or attempt to obtain unauthorized access to such parts of or features on the TCS Sites, or to any other protected Materials or information, through any means not intentionally made available to you by The Core Securities Company Limited.
You are responsible for maintaining the confidentiality of any account information, user names, logins, passwords, and security questions and answers that you use to access any page or feature on the TCS Sites, and for logging off of your account and any protected areas of the TCS Sites. Further, you are fully responsible for all activities occurring under your accounts, user names, logins, passwords, and security questions and answers that result from your negligence, carelessness, misconduct, or failure to use or maintain appropriate security measures. If you become aware of any suspicious or unauthorized conduct concerning your accounts, user names, logins, passwords, or security questions and answers, you agree to contact The Core Securities Company Limited immediately. The Core Securities Company Limited will not be liable for any loss or damage arising from your failure to comply with this paragraph.
Products and services provided to you through the TCS Sites may involve the electronic transmission, including via any e-mail address you provide, of information that you may consider to be personal financial information or promotional and marketing materials, and you consent to such transmission.
Data, information, and content
The Materials on the TCS Sites are for information, education, and, as the case may be, certain commercial purposes only. Although The Core Securities Company Limited may provide data, information, and content relating to investment approaches and opportunities to buy or sell securities and/or mutual funds, you should not construe any such information or other content available through the TCS Sites as legal or tax advice. You alone will bear the sole responsibility of evaluating the merits and risks associated with the use of any Materials on the TCS Sites before making any decisions based on such Materials. In exchange for using such Materials, you agree not to hold The Core Securities Company Limited or its third-party information providers liable for any possible claim for damages arising from any decision you make based on the Materials made available to you through the TCS Sites. By providing access to other websites, neither The Core Securities Company Limited nor any of its affiliates is recommending the purchase or sale of the stock issued by any company, nor are they endorsing services provided by any website’s sponsoring organization.
Agreement With Information Providers Regarding Market Data
The securities prices, quotations, research, ratings, news and other information provided on the TCS Sites are provided by third party sources that include, but are not limited to, the Bloomberg Finance L.P., Morningstar Asia Limited, Shenzhen Securities Information Co., Ltd., HKEX Information Services Limited, Nasdaq, Inc., and China Investment Information Services Ltd. and their respective affiliates, agents and others, including persons or entities that act as data processors on behalf of the foregoing (collectively, “Information Providers”). By using the TCS Sites, you acknowledge and agree that:
Mobile Application Licence
Apple and Android Devices
Online Account Opening
To use the Online Account Opening client account opening service, you must provide the required account opening information and submit such information for our account review. Should you need to leave the account opening process prior to completing, you authorize us to save your data so that you can come back and continue where you have left off. If you abandon the process, you will inform us, and we will delete your data. If we do not hear from you, we will hold your data for a reasonable period of time before we deem it to be abandoned. We will review, assess and verify your completed application to ensure that all information is correct. In the event that we accept your application, a member of our account opening team will contact you. In the event that we cannot accept your application, we will delete your information. You acknowledge that we may not accept your application if you reside in a country where our services are not available, including without limitation, the European Union.
Mobile Brokerage Service
To use the MySmartAdvisor mobile brokerage service, you must have opened a brokerage account with TCS (either online through the TCS Sites or by completing and submitting a paper application) and have an email address or a mobile phone or wireless device with internet access. You will also need to download the MySmartAdvisor mobile device application. There is no charge for using the MySmartAdvisor mobile brokerage service, but you may be charged access fees depending on your service plan and are subject to the standard fees associated with TCS brokerage transactions and stock quotations. Check with your mobile service provider for details on specific fees and charges. Additionally, current TCS online brokerage scheduled fees apply and are amended from time to time. See http://www.tcsec.com/ENHome/Pay for TCS brokerage transaction fees and quotation fees. You authorize us to automatically charge your account for all such fees reasonably incurred in connection with the MySmartAdvisor mobile brokerage service. In the future, we may add to or enhance the features of the MySmartAdvisor mobile brokerage application. By using such added or enhanced features, you agree to pay for them in accordance with the fee schedule.
MySmartAdvisor Mobile Brokerage Service Limitations.
The MySmartAdvisor mobile application is also subject to an end user license agreement which you will need to agree to in order to download and use the application.
Equity Incentive Plan Portal
The Equity Incentive Plan Portal (the “EIP Portal”) is an online equity plan administration and support service.
Through the EIP Portal, you may have access to various programs, software and web-based tools, and other materials now and in the future, including but not limited to reports, notifications and other publications (the “Materials”).
You may not use, download or copy any content on the EIP Portal unless: (i) you use the content solely for personal, informational and non-commercial purposes; (ii) appropriate trademark and copyright symbol(s) are added/preserved on the Materials, as applicable; and (iii) no modifications are made to the content other than as provided for herein. These rights granted to you constitute a license and not a transfer of title. TCS reserves the right to revoke the authorization to view, download and print the content available on the EIP Portal at any time, and any such use shall be discontinued immediately upon written notice from TCS. Any rights not expressly granted herein are reserved by TCS.
TCS recognizes your right to have access to and a copy of your personal information provided by you to the EIP Portal and provides a means for you to obtain an export of such personal information through the EIP Portal. Please contact: email@example.com for additional information on how to obtain a copy of your personal information.
You agree that you will not access or use the EIP Portal in any manner that could damage, disable, overburden, impair, or otherwise result in unauthorized access to or interference with, the proper functioning of any TCS accounts, systems, or networks. For example, you may not use any software routines commonly known as robots, spiders, scrapers, or any other automated means, to access the EIP Portal or any other TCS accounts, systems, or networks.
To the extent permitted by applicable law, the information contained in the Materials is the confidential proprietary information of TCS or its licensors or customers. You may not use, disclose, reproduce, transmit, or otherwise copy in any form or by any means the information contained in the Materials for any purpose, other than to support your authorized use of the EIP Portal or other TCS products and/or cloud services, for which you have a current agreement, without the prior written permission of TCS. TCS will take reasonable measures to keep third parties from obtaining unauthorized access to service requests that you submit using the EIP Portal; however, TCS does not guarantee that third parties will not have access to any information, comments, feedback, or materials that you submit to TCS through or in association with the EIP Portal.
You expressly understand and agree that the data and information in relation to the services is provided by your company so that you shall take responsibility to negotiate with your company and bear the risks and any inadvertence, mistakes, errors and faults involved in the equity award new grant, grant registration and the signature of the grant agreement (including electronic signature), such as the wrong type of grant, the wrong grant price and the wrong grant amount (collectively, “Inadvertence”). The Core Securities Company Limited shall not be liable for any of the risks and of any Inadvertence.
YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING AND BACKING UP ALL INFORMATION, DATA, TEXT OR OTHER MATERIALS (COLLECTIVELY “CUSTOMER DATA”) AND SOFTWARE STORED ON YOUR DEVICE AND STORAGE MEDIA IN CONNECTION WTH YOUR USE OF THE EIP PORTAL. YOU ACKNOWLEDGE AND AGREE THAT THE CORE SECURITIES COMPANY LIMITED HAS NO RESPONSIBILITY OR LIABILITY UNDER ANY CIRCUMSTANCE AT ANY TIME FOR ANY LOSS OR CORRUPTION OF CUSTOMER DATA, SOFTWARE OR HARDWARE THAT MAY ARISE OUT OF THE EIP PORTAL.
THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED IN THE EIP PORTAL MAY BE OUT OF DATE OR INCLUDE OMISSIONS, INACCURACIES OR OTHER ERRORS. THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED IN THE EIP PORTAL, INCLUDING THE MATERIALS, ARE PROVIDED “AS IS” AND WITHOUT WARRANTY. DOES NOT WARRANT THAT THE INFORMATION IN THE MATERIALS IS UP TO DATE OR ERROR-FREE, NOR DOES IT PROVIDE ANY OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED IN LAW, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE MATERIALS ARE NOT A PROGRAM OR DOCUMENTATION UNDER THE TERMS OF YOUR AGREEMENT(S) WITH TCS.
IN NO EVENT SHALL TCS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE EIP PORTAL OR ANY OTHER HYPERLINKED WEB SITE.
TCS RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE EIP PORTAL, THE MATERIALS, AND/OR THE PRODUCTS OR PROGRAMS DESCRIBED IN THE EIP PORTAL AT ANY TIME WITHOUT NOTICE.
You could lose money by investing in a money market fund. Although the fund seeks to preserve the value of your investment at $1.00 per share, it cannot guarantee it will do so. TCS and its affiliates, the fund’s sponsor, have no legal obligation to provide financial support to money market funds and you should not expect that the sponsor will provide financial support to the fund at any time.
Before investing, consider the funds’ investment objectives, risks, charges, and expenses. Contact TCS for a prospectus or, if available, a summary prospectus containing this information. Read it carefully.
Because of the global nature of the Internet, you agree to comply with all local rules with respect to your account and your online conduct, including all laws, rules, codes, and regulations of the country in which you reside and the country from which you access the TCS Sites, including without limitation, all laws, rules, codes, regulations, decrees, acts, orders, directives, legislation, bills, and statutes pertaining to tax, contracts, intellectual property, securities, e-commerce, technology, computers, fraud, and privacy. In addition, you agree to comply with all applicable laws, rules, codes, and regulations regarding the transmission of technical data exported from Hong Kong.
Each investment product and service referred to on the TCS Sites is intended to be made available only to eligible investors. The TCS Sites will not be considered a solicitation for or offering of any investment product or service to any person in any jurisdiction where such solicitation or offering would be illegal.
Consent to data transfer
You hereby consent to The Core Securities Company Limited’s collection, use, processing, storage, transfer, and disclosure of all the information you provided to The Core Securities Company Limited and any other financial information in relation to your financial accounts to third parties, including relevant tax authorities or other government authorities, which may be located outside of the country of your residence.
Data and other materials appearing on the TCS Sites that are provided by third parties are believed by The Core Securities Company Limited to be obtained from reliable sources, but The Core Securities Company Limited cannot guarantee and is not responsible for their accuracy, timeliness, completeness, or suitability for use. The Core Securities Company Limited is not responsible for, and does not prepare, edit, or endorse, the content, advertising, products, or other materials on or available from any website owned or operated by a third party that is linked to the TCS Sites via hyperlink. The fact that The Core Securities Company Limited has provided a link to a third party’s website does not constitute an implicit or explicit endorsement, authorization, sponsorship, or affiliation by The Core Securities Company Limited with respect to such website, its owners, providers, or services. You will use any such third-party content at your own risk and you agree that The Core Securities Company Limited is not liable for any loss or damage that you may suffer by using third-party websites or any content, advertising, products, or other materials in connection therewith.
Timeliness of content
All content on the TCS Sites is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.
Management of TCS Sites
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE TCS SITES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, THE CORE SECURITIES COMPANY LIMITED AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD-PARTY INFORMATION PROVIDERS AND VENDORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES REGARDING SECURITY, CURRENCY, CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS, OR CONTINUED AVAILABILITY, WITH RESPECT TO (I) THE TCS SITES; (II) ANY MATERIALS, PRODUCTS, OR SERVICES AVAILABLE ON OR THROUGH THE TCS SITES; (III) USE OF THE TCS SITES, MATERIALS, PRODUCTS, OR SERVICES; AND (IV) THE RESULTS OF THE USE OF THE TCS SITES, MATERIALS, PRODUCTS, OR SERVICES.
FURTHER, THE CORE SECURITIES COMPANY LIMITED AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD-PARTY INFORMATION PROVIDERS AND VENDORS EXPRESSLY DISCLAIM ALL WARRANTIES WITH RESPECT TO ANY DELAYS OR ERRORS IN THE TRANSMISSION OR DELIVERY OF ANY MATERIALS, PRODUCTS, OR SERVICES AVAILABLE THROUGH THE TCS SITES.
EXCEPT AS PROVIDED BY LAW, NEITHER THE CORE SECURITIES COMPANY LIMITED NOR ITS THIRD-PARTY INFORMATION PROVIDERS AND VENDORS HAS ANY RESPONSIBILITY TO MAINTAIN THE MATERIALS, PRODUCTS, OR SERVICES OFFERED ON THE TCS SITES OR TO SUPPLY CORRECTIONS, UPDATES, OR RELEASES FOR THE SAME.
TO THE EXTENT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.
Liability and indemnity
ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE TCS SITES ARE DONE AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER EQUIPMENT, OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
NEITHER THE CORE SECURITIES COMPANY LIMITED NOR ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, OR ANY THIRD-PARTY INFORMATION PROVIDERS AND VENDORS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, INCOME, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, OR DAMAGES CAUSED BY THEFT, UNAUTHORIZED ACCESS, SYSTEMS FAILURE, OR COMMUNICATIONS LINE FAILURE, OR THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES, CAUSED BY THE USE OF OR INABILITY TO USE THE TCS SITES, MATERIALS OR ANY PRODUCTS OR SERVICES PROVIDED HEREIN, OR ANY OTHER MATTER RELATING TO THE TCS SITES, EVEN IF THE CORE SECURITIES COMPANY LIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURSIDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT A JURISDICTION DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN, THE LIABILITY OF THE CORE SECURITIES COMPANY LIMITED AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD-PARTY INFORMATION PROVIDERS AND VENDORS IS LIMITED TO THE EXTENT PERMITTED BY LAW IN SUCH JURISDICTIONS.
Disclaimer of Warranties and Liability Regarding Information Providers and Market Data
THE MARKET DATA ACCESSIBLE THROUGH THE TCS SITES IS PROVIDED “AS IS” AND THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH DATA. TCS, THE INFORMATION PROVIDERS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES AND AGENTS CANNOT AND DO NOT GUARANTEE THE ACCURACY, SEQUENCE, COMPLETENESS, CURRENTNESS, TIMELINESS, MERCHANT-ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THE MARKET DATA MADE AVAILABLE THROUGH THE TCS SITES AND HEREBY DISCLAIM ANY SUCH EXPRESS OR IMPLIED WARRANTIES. NEITHER TCS, THE INFORMATION PROVIDERS, NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES AND AGENTS SHALL BE LIABLE TO YOU OR TO ANYONE ELSE FOR ANY LOSS OR INJURY WHETHER OR NOT CAUSED IN WHOLE OR IN PART BY THEIR NEGLIGENCE OR OMISSION IN PROCURING, COMPILING, INTERPRETING, EDITING, WRITING, REPORTING, OR DELIVERING ANY MARKET DATA THROUGH THE TCS SITES OR BY ANY FORCE MAJEURE OR ANY CAUSE BEYOND THEIR REASONABLE CONTROL. IN NO EVENT WILL TCS, THE INFORMATION PROVIDERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES OR AGENTS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON SUCH MARKET DATA OR FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, TRADING LOSSES, DAMAGES RESULTING FROM INCONVENIENCE, OR LOSS OF USE OF THE TCS SITES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITH RESPECT TO CHINA INVESTMENT SERVICES LIMITED, ITS HOLDING COMPANIES AND/OR ANY SUBSIDIARY OF SUCH HOLDING COMPANIES AND/OR ITS THIRD PARTY CONTENT PROVIDER(S) ENDEAVOR TO ENSURE THE ACCURACY AND RELIABILITY OF THE INFORMATION PROVIDED BUT DO NOT GUARANTEE ITS SUITABILITY, AVAILABILITY, SERVICE LEVEL, TIMELINESS, ACCURACY OR RELIABILITY AND ACCEPT NO LIABILITY (WHETHER IN TORT OR CONTRACT OR OTHERWISE) FOR ANY LOSS OR DAMAGE ARISING FROM ANY INTERRUPTION, DEFECT, ERROR, DELAY, INACCURACIES OR OMISSIONS.
WITH RESPECT TO HKEX INFORMATION SERVICES LIMITED, ITS HOLDING COMPANIES AND/OR ANY SUBSIDIARY OF SUCH HOLDING COMPANIES AND/OR ITS THIRD PARTY CONTENT PROVIDER(S) ENDEAVOR TO ENSURE THE ACCURACY AND RELIABILITY OF THE INFORMATION PROVIDED BUT DO NOT GUARANTEE ITS SUITABILITY, AVAILABILITY, SERVICE LEVEL, TIMELINESS, ACCURACY OR RELIABILITY AND ACCEPT NO LIABILITY (WHETHER IN TORT OR CONTRACT OR OTHERWISE) FOR ANY LOSS OR DAMAGE ARISING FROM ANY INTERRUPTION, DEFECT, ERROR, DELAY, INACCURACIES OR OMISSIONS.
Integration and severability
No offer, solicitation or recommendation of financial services or products
Making available information about products or services on the TCS Sites does not constitute an offer, solicitation or recommendation of any products or services provided by The Core Securities Company Limited Securities Company Limited or any member of The Core Securities Company Limited. The information provided on the TCS Sites is not intended for distribution to, or use by, any person in any jurisdiction where such distribution or use would be contrary to law or regulation. The TCS Sites shall not be considered as communicating (i) any invitation or inducement to engage in investment activity or (ii) any offer or solicitation to buy or sell any securities or other instruments or to buy insurance outside any jurisdiction where we are licensed or authorised to perform such activities (“Authorised Countries”).
Not all the products and services that you may view on or through the TCS Sites may be available in all geographical locations served by The Core Securities Company Limited members. In accessing the TCS Sites and any information available through the TCS Sites, you are responsible for informing yourself of and observing fully the applicable laws and regulations of any relevant jurisdiction. The Core Securities Company Limited members may decline to provide you with products and services solely based on your place of residence or your actual location.
Products or services you may view on or through the TCS Sites may not be registered or authorized by any central bank, governmental or regulatory authority in the Authorised Countries or in your place of residence or location. Accordingly, you may not be protected by the securities laws or other relevant laws and regulations of your place of residence or jurisdictions outside the Authorised Countries with respect to products or services you may view on or through the TCS Sites.
The Core Securities Company Limited does not represent that any securities, products or services you may view on or through the TCS Sites are suitable for you or any particular person. You acknowledge that:
Trademarks and copyright
The Core Securities Company Limited and other parties (as applicable) own the trademarks, trade names, logos and service marks (“Trademarks”) that are used or displayed on the TCS Sites. You are not allowed to use any Trademark used or displayed on the TCS Sites without our or such other parties’ prior written permission.
Materials on the TCS Sites are protected by copyright. You are not allowed to modify, reproduce, store in a retrieval system, transmit, copy or distribute these materials (or any part of them), or use them for creating derivative works or in any other way for commercial or public purposes without our prior written consent.
TCS respects the intellectual property rights of others. If you believe that any material available on or through the TCS Sites infringes upon any copyright you own or control, please immediately notify us using the contact information (see “Contact Us” below) provided below (a “Notification”). Upon receipt of your Notification, TCS will take whatever action, in its sole discretion, it deems appropriate, including without limitation and as the case may be, removal of the challenged content from the TCS Sites and providing a copy of your Notification to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law, you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the TCS Sites infringes your copyright, you should consider first contacting an attorney.
Whilst The Core Securities Company Limited has taken care in preparing the content and information contained on the TCS Sites, such content and information are provided “as is” without warranty of any kind, whether express or implied. In particular, no warranty about non-infringement, security, accuracy, fitness for a purpose or absence of computer viruses is given in connection with such content and information.
Neither The Core Securities Company Limited itself nor any other member of The Core Securities Company Limited are responsible for the contents available on or the set-up of any other websites linked to the TCS Sites (“external websites”). Your access to and use of an external website is at your own risk and subject to any terms and conditions applicable to such access and use. By providing hyperlinks to an external website, The Core Securities Company Limited shall not be deemed to (i) endorse, recommend, approve, guarantee or introduce any third party or the services or products it provides on the external website, or (ii) have any form of cooperation with such third party and the external website. The Core Securities Company Limited is not a party to any contractual arrangement entered into between you and the provider of any external website unless The Core Securities Company Limited expressly specifies or agrees.
Email messages sent to The Core Securities Company Limited over the Internet cannot be guaranteed to be completely secure. The Core Securities Company Limited is not responsible for any damages you incur if you send a message to The Core Securities Company Limited, or if The Core Securities Company Limited sends a message to you at your request, over the Internet. The Core Securities Company Limited is not responsible in any way for direct, indirect, special or consequential damages arising from or in connection with the use of the TCS Sites.
Transmitting over the Internet
Due to the nature of the Internet, messages and transactions may be subject to interruption, transmission blackout, delayed transmission or incorrect data transmission. The Core Securities Company Limited is not liable for malfunctions in communications facilities beyond our control that may affect the accuracy or timeliness of messages and transactions you send. The Core Securities Company Limited has a right to delay acting or refuse to act on an instruction if The Core Securities Company Limited is aware of or suspect a breach of security or other suspicious circumstances relating to the use of the TCS Sites.
Downloading and other security measures
The Core Securities Company Limited does not represent or confirm the following (or any of them):
You are solely responsible for the following:
The Core Securities Company Limited not represent or confirm the accuracy, functionality and performance of any third party software that may be used in connection with the TCS Sites.
All notices or demands to or upon you shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by you to TCS, or by posting such notice or demand on an area of the applicable TCS Sites that is publicly accessible without a charge.
Applicable law and venue
In order to resolve a complaint regarding the TCS Sites or to receive further information regarding use of the TCS Sites, please contact us at:
Click “I agree” for Your Signature
As noted above in the section titled “Consent to Electronic Records, Communications and Signatures”, by clicking “I agree” you will be signing this User Agreement with a binding electronic signature, and you acknowledge that you have read and understood this User Agreement’s terms and conditions.
The Core Securities Company Limited
The Core Securities Company Limited and all of its subsidiaries and affiliates (“we”, “us”, “our”, “The Core Group” including our successors and assigns) are committed to maintaining your personally identifiable information and data (“Personal Information”) in accordance with the requirements of the Personal Data (Privacy) Ordinance of the Hong Kong Special Administrative Region (Chapter 486 of the laws of Hong Kong) (“Ordinance”). The privacy and security of your Personal Information is important to us, and we take all practical steps to ensure that your Personal Information is kept secure with us in compliance with the Ordinance.
This Policy is specifically addressed to those who provide Personal Information to The Core Group or who visit or use The Core Group’s online or offline platforms, though websites, trading platforms, software applications (mobile or otherwise), social media sites, MySmartAdvisor or otherwise.
Please note that certain details of this Policy may depend on whether you deal with us through an investment professional, directly as an individual investor, or whether The Core Group provides services to your employer as plan administrator.
The Core Group is responsible for the Personal Information that we may collect in the manner discussed below. The Core Group includes its affiliates (the “TCG Entities”). Specifically, your Personal Information will be controlled by the TCG Entity that is providing services or communication to you. In some instances, your Personal Information will be controlled by more than one TCG Entity.