ASIA FIRST TERMS AND CONDITIONS OF USE
Conditions of Use
Asia First Financial Intelligence Limited and its affiliates ("Asia First") provide website, and associated Products (as defined below) and services to you when you visit asia-first.com (together referred to as the "Platform"). These terms and conditions ("General Terms") apply to the use of Platform and any part of it including without limitation account and corporate administration services. By using the Platform or accessing or using asia-first.com site (the "Website") or any part of it you are agreeing to these General Terms.
References in these General Terms to a "User" means any person that accesses the Website or any part of the Website or who uses the Platform or the Products offered on the Platform, whether they do so in their personal capacity or on behalf of, or as an employee of, a company or other institution and whether or not they access content that is subject to prior registration.
Asia First reserves the right to amend, add to or remove any of these General Terms at any time. It is a User’s responsibility to check whether these General Terms have been changed in any way when accessing the Website.
Certain parts of the Website or certain Products or services that we offer through the website may be subject to additional terms and conditions that will be made available to the User as they access the same and which will become a part of these General Terms.
References in these General Terms to "Product" means one or more of the following financial intelligence products: (i) financial publications; (ii) events in Asia; (iii) financial training products; (iv) independent research; (iv) market research and data products, TO THE EXTENT THAT in each case the same are made available to the User, by Asia First on the Platform or otherwise. And references to "Provider" means the publisher, event provider, training provider, research provider, data provider of the Product.
Rights to use the Website
The majority of the Website and the associated Products and services offered, are available only to a User who meets the conditions of registration as set out in the registration form contained on the Website ("Restricted Content"). A User who registers with the Platform will be allocated a user account.
A User should only attempt to access Restricted Content if they meet the conditions for registration and the information that the User provides for the purpose of registration, is and remains accurate at all times that they access or use the relevant parts of the Platform. Some areas of the Website may not require registration but in any event these General Terms shall apply to anyone registered or not, who uses those areas of the Website. Asia First may at its discretion stop or change access to areas of the Website to unregistered Users without prior notice.
Some parts of the Website, its Content or the Products may not be made available by Asia First in certain countries or territories due to legal, regulatory, licensing or other reasons. Asia First reserves the right to remove or restrict access as appropriate where it believes that it is necessary to comply with such restrictions.
Asia First grants the User of the Website, a limited, non-exclusive, non-transferable licence to access the Website (or for a User that is not registered such part as is made available to unregistered Users) and to use the associated Products and services that the Website offers and are available to them, but that licence is provided by Asia First solely for the User’s personal use or internal business purposes within the company or organisation by which they are employed or engaged.
Subject to the other General Terms, the licence to access the Website is provided free of charge however, Asia First reserves the right in its sole discretion to introduce charges at any time for access to the Website or one of more parts of the Website generally. Additionally, Asia First may impose charges or cancel or suspend access to the Website by any User that Asia First in its opinion has or may have broken the terms of fair use and proper use, or breached copyright restrictions, as set out below, or failed to settle sums due to Asia First.
Ceasing to be an Eligible Financial Professional
To be eligible for registration on the Asia First Platform, a User must be a financial professional. That is the User must fall into one of the following categories: (i) employed or otherwise engaged in a financial services business including but not limited to a bank, private bank, broker, financial trading firm, insurance company, asset manager, fund manager, ETF Provider, private equity firm, venture capital firm, sovereign investor or other institutional investor, family office, hedge fund, real estate manager, CTA or commodities manager, infrastructure investment manager, service Provider, specialist finance business, financial advisor; or (ii) employed or engaged in a risk management firm, audit firm, legal firm, actuarial firm, pensions or strategic consultancy, or (iii) employed or engaged in an investment research house, market research business, index or financial data Provider; or (iv) employed or engaged in the business of a Provider; or (v) was previously employed in a firm within (i), (ii), (iii) in the last 3 years; or (vi) is a CFA charterholder, or a current member of an association listed on the Website, or (vii) an academic or other professional researcher or educator or trainer in financial services or a current student on a finance related degree or diploma course; or (viii) other categories permitted by Asia First from time to time.
Asia First reserves the right to check the data provided by the User and contact the User for further verification, as it deems necessary.
If a User has registered to use the Asia First Platform and has notified Asia First of the financial services firm or other institution they are employed, engaged or otherwise associated with and that employment, engagement or association has ended or changed, the User must notify Asia First of the same. Any access to information and any discount or similar arrangements that the User enjoyed being employed, engaged or otherwise associated with an organisation may not continue depending on the terms of the Provider or the arrangements with Asia First.
If a User ceases to be engaged in the financial services industry then they must close their account following the expiry of any subscription that they hold through the Asia first Platform. Asia First has the right to close an Account of a User that ceases to qualify for registration on the Platform.
Third Party Content
The Website contains Content (as defined below), including Product and service descriptions, Product terms, advertisements, news streams, blogs, research and other contributed content that is provided or maintained by third parties or links to other websites that are owned, controlled or managed by third parties ("Third Party Content"). Third Party Content is solely the responsibility of the entity that makes it available on the Asia First Website or who maintains the website to which a link relates. Asia First may review Third Party Content to ensure that it does not violate applicable laws or policies of the Website, but Asia First gives no undertaking that it will review such content or in any event whether or not it reviews the content that the Third Party Content is lawful, accurate, reliable and/or appropriate to the User. The User bears sole responsibility for any reliance that it places on and any use made of Third Party Content.
Asia First also endeavours to ensure that Content does not include investment related advice or recommendations. The User acknowledges that they should not rely upon or act upon any Content that is or might be construed as investment related advice or as an investment recommendation.
Display of Products
Asia First attempts to be as accurate as possible when describing Products but it does not warrant that such descriptions are complete, accurate, reliable, current or error-free. The description of a Product may be changed by Asia First or the Provider of the Product at any time. The price shown for the Products on the Website cannot be confirmed until a User places an order. Prices including any applicable discounts to prices, may be changed by the Providers of Products or by Asia First at any time prior to a User completing the purchase or subscription on the Website. Discounts are usually specific to a particular Product or Provider and a discount previously enjoyed by a User on a Product is not guaranteed by the Provider of the Product or by Asia First on renewal of that Product or on a subsequent purchase of other Products from the same Provider.
Asia First may remove Products from the Website at any time at its sole discretion. Likewise the Provider of a Product may require that the Product is removed from the Website and in either case Asia First shall have no liability to the User for doing so.
Asia First does not recommend or endorse the Products on the Website and Asia First does not accept any responsibility or liability for the Products or the provision by the Provider or their failure to provide the Product to the User.
Copyright and Restrictions on use of Content
All text, graphics, video, User interfaces, visual interfaces, photographs, logos, trademarks, artwork, sound, and computer code including the design, structure, functionality, selection, arrangement, coordination, expression, and "look and feel" ("Content") on the Website is owned or controlled by or licensed to Asia First and protected by international copyright laws and other intellectual property rights.
Content may not be reproduced, duplicated, copied, downloaded, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium of publication sold, resold or otherwise exploited by the User for commercial purposes except with the prior written consent of Asia First, which consent may be withheld. Content may not be modified, graphics may not be separated from associated text or links. A User may not use data from this site for the purposes of another website or data feed or feed that data into any catalogue, calendar or comparison table.
Where a User is permitted to use Content, that Content must identify the source referring to Asia First and that the use of the Content by the User is not expressly approved by Asia First.
Some of the services on the Website allow a User to submit content. Although a User retains ownership of that User content the User grants to Asia First a free, perpetual worldwide licence to use, host, store, reproduce, modify, create derivative works, communicate, publish, display and distribute such User content and the User agrees that they shall have no rights in any derivative or modified content that Asia First produces.
Fair Use and Proper Use
A User may be permitted to download certain Content from the Website including in particular, materials that comprise the free research archive ("Free Research") and sample copies of publications and other Products that are for subscription or sale on the site ("Samples"). The User accepts that they are not permitted to download Free Research or Samples for commercial use, or for the purpose of building a library, directory or archive of such materials, in otherwise in the opinion of Asia First, download to an excessive extent or with excessive frequency. Asia First may, but is not required to, limit an individual User’s downloading activities or send a notice to a User warning them if they consider that their downloading is excessive. The User must identify in all presentations, reports, articles, documents, or other work Product, the use of data or other Content derived from the Asia First Platform, with reference both to the Asia First Platform and the Provider.
Where a User provides Content to the Website such as through ratings, reviews, blogs or any other means offered by the Website, the User agrees that it shall ensure that such content is not (and is not likely to be construed as being) illegal,
offensive, harmful, persistently or unduly critical, inaccurate or otherwise inappropriate for the Website which is directed at financial professionals to assist them in their professional work and that such Content does not breach any confidentiality, intellectual property, contractual or other similar right of any other person or entity. The User agrees that at all times when contributing Content they will act in good faith and shall disclose any interest or conflict of interest relating to the
ratings, reviews, blogs or other Content that they Contribute.
A User’s are not permitted to include in the Content that they submit links to other websites.
The User agrees that they will not contribute Content
which is or could be taken to be include the provision of advice (including, without limitation, investment advice) or a recommendation to buy or refrain from buying a particular security, financial Product or other investment or which has the purpose of affecting the price or value of any investment. The User also agrees that they will not contribute Content that constitutes in whole or in part advertising or promotional material relating to themselves or any company or organization in which they have an interest whether as a director, officer, employee, contractor, agent or representative, shareholder or similar.
The User must also take all reasonable steps to ensure that any document, image or file contributed to the Website, is free from computer viruses including Trojans and similar malware.
Use of the Website
A User must at all times use the Website, Products and services in a manner that complies with all applicable laws and regulations including those in the territory from which they are accessing the Website.
A User may not use any automatic device, program or methodology whatsoever, or any equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content
A User may not probe, scan or test the vulnerability of or place an unreasonable load on the Website or any network or server connected to or hosting the Website. A User will not breach security, registration or authentication measures on the Website. A User may not seek information on any other User unless comprising part of a service expressly offered by Asia First. The User agrees not to attempt to interfere with the Website or its performance.
A User may not attempt to access restricted Content unless they are appropriately registered to do so.
Accounts and Password
A User must register and open an account to gain access to certain areas of the Website and use associated Products and services. A User is responsible for maintaining the confidentiality of their registered account and the associated password and for securing and restricting access to the registered account through the computer, tablet or other device that they use to access this registered account. A User accepts responsibility for all activities that occur under their account or using their password. A User may not use someone else’s User name, password or account.
Where the employing organisation of a User (the "Corporate") designates that the User is authorised to approve or conduct transactions to purchase or subscribe to Products on the Corporate’s behalf, or the User otherwise purports to purchase Products on behalf of the Corporate, then Asia First will share with the Corporate the following information: (i) registered details of the User including position/ role, and location in the Corporate’s organisation or their relationship with the Corporate; (ii) the Products held or purchased or subscribed for by the User; (iii) payment records; (iv) terms of the Product purchase the number purchased or subscribed for, price paid, discounts and any renewal dates; (v) password and Usernames for electronic media Products; and (vi) usage data relating to the Product where available.
The User agrees to Asia First passing such data to the Corporate and acknowledges and agrees that Asia First shall have no responsibility for the use of that data by the Corporate or the officers, employees or contractors of the Corporate designated or approved to access such information. The User also acknowledges that such data will be shared with the Corporate on an ongoing basis and that it is the responsibility of the User to inform Asia First when they cease to be employed or engaged by the Corporate and until they do so they acknowledge that data will continue to be shared with the Corporate at the User’s risk. Access to transactions conducted by a User for the Corporate will no longer be available to the User when they cease to be employed or engaged by that Corporate.
An individual who registers to use the Asia First Platform and in doing so confirms that they employed or otherwise engaged by the Corporate is deemed to be a Corporate User and may purchase or renew subscriptions for Products through the Asia First Platform on behalf of the Corporate and may direct payment to be made by the Corporate and the Corporate will honour and make such payment to Asia First, UNLESS the Corporate has indicated that the User must, or is of a class of Corporate Users that must, seek prior authorisation from designated officers of the Corporate or its affiliates before making such a purchase.
If a User enters into a transaction on the Website and identifies that the transaction is personal, such data will not be shared with the Corporate.
Products, Purchases and Subscriptions
A User may, if they are registered, purchase or subscribe to Products or services that are offered on the Website. Additional terms and conditions will apply to such purchases and subscriptions including additional terms and conditions imposed by Asia First and those imposed by the Providers of the Products – those terms and conditions being made available to Users through the Website before they subscribe to or purchase a Product. The User agrees that its purchase of, or subscription to, a Product and the provision by Asia First and the Provider of the Product shall be subject to those additional terms and conditions as applicable, including without limitation any terms as to payment for and use of the Products.
The User must pay for purchases, subscriptions and renewals conducted through the Platform using one of the means offered by the Platform. Payment is typically required at the point that the User confirms the purchase or subscription.
The User acknowledges and agrees that in certain cases a Provider may elect to withhold delivery of a Product or access to the Product (if it is in electronic form) until full payment has been received. The User also acknowledges that once an order has been placed and accepted by Asia First through the Platform or otherwise by Asia First, that order is not cancellable and the amount due to be paid by the User in payment for the Product or subscription, must be paid by the User to Asia First.
The User acknowledges and agrees that Asia First has the right, in addition to any other remedies available to it, to suspend or cancel the User’s account and access to the Platform, if any sums due to Asia First for the purchase or renewals of subscriptions to Products by the User, have not been paid to Asia First in accordance with these terms.
If a registered User purchases, subscribes to, or renews a subscription to a Product through the Platform, the User appoints Asia First as its exclusive agent for the purposes of the purchase, subscription or renewal and in all respects managing the Products purchased or subscribed for, through the Platform. The appointment of Asia First shall include the following powers on behalf of the User, namely: (i) negotiating or discussing with the Provider the purchase of or subscription to, a Product; (ii) placing an order for the purchase of, or subscription to, a Product; (iii) making arrangements with the Provider to provide the Product to the User; (iv) addressing any administrative or fulfillment issues in connection with Products provided to User, including lost passwords; and (iv) otherwise in representing the User with the Provider.
Accordingly, Asia First shall be entitled to hold itself out to Providers as an agent of the User for such purposes.
Commissions and Charges
The User acknowledges and agrees that Asia First will be entitled to deduct and retain commissions or other similar charges or payments with respect to the purchase of Products and subscriptions or the renewal of subscriptions, to Products. Typically such payments are made by the Provider to Asia First, but from time to time it may be necessary for Asia First to add those commissions, charges or payments to the amounts paid by the User for the relevant Product. Asia First shall not be required to account to the User for such commissions, charges or other payments and may retain the same for its own benefit.
Rates of commissions, charges and payments retained by Asia First are available on request and may be changed by Asia First at any time. Users’ should note that purchases and subscriptions by Users’ for a Corporate may be subject to additional commissions, fees or charges agreed with the Corporate on registration of the Corporate’s account.
Asia First reserves the right to introduce charges for the use of the Platform or certain parts of it by a User after 30th June 2013 on serving not less than 2 months prior notice. For the avoidance of doubt Asia First, has no current intention to introduce such charges.
A User may load on to its account on the Platform, details of existing Products that it has purchased or subscribed to. The User may then use these records to view and manage their existing purchases and subscriptions.
This data is loaded on to the system by the User and Asia First shall have no responsibility for the accuracy of or for checking the accuracy the same. The Platform may provide alerts and other functionality to the User based on this data but reliance on such alerts or other functionality is entirely at the User’s own risk.
The User agrees that where an existing subscription is held on the Platform, the User will renew that subscription through the Platform.
Asia First shall endeavor to ensure that the records relating to the User and reports relating to the same are accurate to the extent that the same are within its reasonable control. The User shall be responsible for ensuring the accuracy of information that it provides or maintains in its account. The User shall also be responsible for monitoring the overall accuracy of information held in its account generally and reports provided by the Platform and in particular as that information changes due to updates and transactions in the account. The User shall be responsible for notifying Asia First of any errors or omissions in information held on its account and reports provided by the Platform, including without limitation, transaction related information, within 10 days of the information being posted to the Account or reported and accessible through the Platform. Asia First shall not be liable for the inaccuracy of any information on the Account or reported in respect of the same, to the extent that the same is notified to Asia First after that 10 day period.
Access to the Website and associated Products and services
The Website, its Content and associated Products and services are provided to the User on an "as is" and "as available" basis. While Asia First endeavours to ensure that the Website is normally available on a continuous basis, Asia First does not represent, warrant or guarantee in any way that the Website will be available on such a basis. Access to the Website or to parts of the Website may be interrupted and the User accepts that Asia First has no liability for interruptions to the Website or any consequences direct or indirect of such an interruption. Similarly Asia First does not represent or warrant that the performance, in particular the speed, of the Website will be satisfactory from the location of the User. The use of the Website is at the Users risk.
Hyperlinks from external websites to the Website
A User, or any person that they act for or with, must always obtain the prior written approval of Asia First before creating a hyperlink in any form from a third party website to the Website. Asia First may or may not give such approval at its absolute discretion. In normal circumstances, Asia first may only approve a hyperlink which displays plainly the Asia First name or website address. Any use or display of Asia First logos, trade names and trademarks as a hyperlink will not be approved unless in very exceptional circumstances and may be subject to a fee as Asia First may determine at its absolute discretion.
Asia First is not responsible for the setup of any hyperlink from a third party website to the Website. Any links so set up shall not constitute any form of co-operation with, or endorsement by, Asia First of such third is provided made directly to the home or front page of the Website only and that no "framing" or "deep-linking" of any web page of the Website or content of the Website is allowed.
Asia First is not liable for any loss or damage incurred or suffered by the User or any third party arising out of or in connection with such link. Asia First reserves the right to rescind any approval granted to link through a plain-text link or any other type of link, and to require the removal of any such link to the Website, at its discretion at any time.
Asia First makes no specific representations, warranties, guarantees or claims about the Website, its associated services, the Content and the Products. Asia First excludes all warranties express or implied with respect to the same. Asia First does not warrant that files and other materials made available through the Website will be free of viruses and malware.
Subject only to any overriding applicable laws, Asia First will not be liable for any loss or damage suffered or incurred by a User whether directly or indirectly, from mistakes, omissions, interruptions, delays, errors, any act, event, default or defect, whether human or mechanical occurring in the course of the User accessing the Website or using the associated services or Products. Not withstanding the foregoing, if Asia First is deemed liable to the User for any reason, whether arising in contract, tort or otherwise by operation of law, to the extent legally permissible, the total liability of Asia First shall be limited to US$500. Asia First shall not be liable for any special, exemplary or punitive damages including by way of loss of profits, whether or not they are aware of the same. No action regardless of form may be brought by the User more than 1 year after the occurrence of the event giving rise to a claim by the User.
Indemnity and Breach of these General Terms
The User shall indemnify and hold harmless Asia First, its directors, officers and staff from any claim, demand, loss, liability, cost or expense (including attorney’s fees) suffered or incurred by them directly or indirectly as the result of or arising out of or in connection with the User’s use of the Website or the Products (including the use by any other person of the User’s account or password).
Asia First may at its sole discretion and without prior notice, terminate the access of the User to the Website if it determines that the User is or may be or has threatened to be in breach of these General Terms. The User also accepts that its breach or threatened breach of these General Terms constitutes irreparable harm to Asia First and that money damages will be an insufficient remedy and Asia First shall be entitled to seek injunctive or equitable relief. Asia First may also terminate the User’s access to the Website at the request of a law enforcement or regulatory agency.
Notice of Copyright Claims
If any User believes that their work has been copied and placed as Content on the Website in a way that constitutes copyright infringement the User should provide Asia First with a written notice that sets forth the infringement details.
When a User visits the Website or sends an email to Asia First they are communicating electronically. The User consents to receive electronic communication from Asia First. Asia First will communicate electronically by email, posting messages to the User’s account or otherwise posting notices to the Website. The User agrees that such electronic communications satisfy any legal requirement to provide notice or communication in writing to the User.
The User may not assign or otherwise transfer these General Terms or its account or access or any rights arising hereunder in whole or in part to any other party, without the written consent of Asia First. Asia First may assign these General Terms and any of its rights hereunder to a third party on 14 days notice to the User.
These General Terms shall be governed by and construed in accordance with the laws of Hong Kong, S.A.R.. The User submits to the exclusive jurisdiction of the Hong Kong courts.
Amendment, Severability etc.
These General Terms including any additional terms and conditions or policies incorporated by reference herein, may be amended by Asia First only, with such amendments being posted to the Website. Each provision in these General Terms is severable from the others and if any shall be deemed to be unenforceable, the remaining General Terms shall remain in full effect. Such of these General Terms that relate to confidentiality, ownership, intellectual property and copyright, fair use and proper use, warranty statements, disclaimers or indemnities shall survive the termination of the General Terms.
In these General Terms references to Asia First includes Asia First and its affiliates and their respective its directors, officers and agents of those companies.
Issued by Asia First Financial Intelligence Limited, a company incorporated in Hong Kong whose address is 15/F, the Nexxus Building, 41 Connaught Road, Central, Hong Kong.