Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS (the "Terms") OF USE BEFORE USING THIS SITE. By continuing to access or use this site, you ACCEPT THESE TERMS AND CONDITIONS OF USE. Phoenix Capital Holdings Limited, its subsidiaries, associated companies and related companies (“Phoenix Capital”) may modify these terms and conditions from time to time. Please review these terms and conditions of use whenever accessing or using this site. Your use of the site after the posting of modifications to these terms and conditions of use constitutes YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF USE, as modified. If, at any time, you do not wish to accept the terms and conditions of use, you MUST NOT use the site.
1. General
You represent that you have read and agree to be bound by the Terms for Phoenix Capital. You further agree to comply with laws of the Hong Kong Special Administrative Region (“Hong Kong”) regarding the transmission of any data obtained from the Service (as defined herein) in accordance with the Terms, not to use the Service for illegal purposes, and not to interfere or disrupt the Service or the networks connected to the Service.
2. Copy Rights
This service, including but not limited to text, content, photographs, video, audio, and graphics (collectively, the “Service”), is protected by copyrights and/or other proprietary rights and laws of Hong Kong and other countries. The Service is also protected as a collective work or compilation under Hong Kong copyright and other laws. You agree to abide by all additional copyright notices or restrictions contained in the Service.
3. Restrictions on Use
You may not use the Service for any illegal purpose or in any manner inconsistent with the Terms. You agree not to use, transfer, distribute, or dispose of any information contained in the Service in any manner that could compete with the business of Phoenix Capital. You agree to protect the proprietary rights of Phoenix Capital and all others having rights in the Service during and after the term of this agreement and to comply with all reasonable written requests made by Phoenix Capital or its suppliers of content, equipment or otherwise (“Suppliers”) to protect their and others' contractual, statutory and common law rights in the Service.
4. User Content
a. This Service may contain content uploaded, posted, emailed or otherwise electronically transmitted (Posted) by users of the Service, including you (User Content).
b. Phoenix Capital does not monitor or exercise editorial control over User Content however it reserves the right to access or examine any User Content; and at Phoenix Capital’s discretion move, remove or disable access to User Content which Phoenix Capital considers, in its sole opinion to breach any Applicable Law or to be otherwise unacceptable.
c. In relation to any content Posted by you, you grant Phoenix Capital a perpetual, irrevocable, royalty-free licence throughout the world to use, publish, incorporate in other works (whether electronic or not), distribute, perform and display such content, whether in whole or in part.
5. Personal Data and Cookies
In using the Service you may give Phoenix Capital “personal data” as defined in the Personal Data (Privacy) Ordinance (Cap. 486 of the laws of Hong Kong). You have certain rights in this personal data. By using this Service you grant Phoenix Capital the consent to use your personal data in accordance with our Personal Information Collection Statement.
During your use of the Service, Phoenix Capital may issue to and request from your computer blocks of data known as “cookies”. You must not alter any cookies sent to your computer from the Service and you must ensure that your computer sends correct and accurate cookies in response to any relevant request from the Service.
6. Customer Registration
You may be required to register with Phoenix Capital in order to access certain parts of the Service (sub-portal). Where you are required to register:
i. you must provide Phoenix Capital with accurate, complete and updated registration information;
ii. you must safeguard any user name, password or other access codes which Phoenix Capital provides to you; and
iii. you authorise Phoenix Capital to assume that any person using the Service with your user name and password is either you or is authorized to act for you.
You acknowledge that your use of some Sub-portals may be governed by additional terms and conditions. Where this is the case, you will be notified accordingly, and those additional terms and conditions:
i. will apply to your use of such Sub-portal in addition to these terms and conditions; and
ii. will prevail over these terms and conditions to the extent of any inconsistency.
7. Variation of the Service
You acknowledge that Phoenix Capital may, in its sole discretion and with or without notice:
i. vary the Service or any part of it (including any Sub-portal for which you are required to register); and
ii. modify or discontinue the Service, any part of it without notice.
8. Fees
Phoenix Capital reserves the right at any time to:
i. charge fees; and
ii. to vary or amend the terms and conditions which cover such fees; for access to or use of all or some parts of the Service.
The introduction of charges or amendments to terms and conditions referred to in this paragraph will be treated as (at Phoenix Capital’s sole discretion):
i. amendments to these terms and conditions; or
ii. the introduction of, or amendments to, terms and conditions which govern a Sub-portal, and you will be notified and bound by those new or amended terms and conditions accordingly.
9. No Offer
Neither the information nor any opinions contained in the Service constitutes a solicitation or offer by Phoenix Capital to buy or sell, whether as principal or agent, any securities, futures, options or other financial instruments or provide any service or investment advice.
Phoenix Capital, its group companies, their directors and/or representatives and/or employees and/or their families and/or associates may have a long or short position in any of the securities mentioned in the Service at any time and may make a purchase and/or sale, or offer to make a purchase and/or sale and/or otherwise deal in any of the said securities from time to time in the open market or otherwise, in each case either as principal or agent.
10. Disclaimer and Limitation of Liability
You agree that your use of the Service is at your sole risk and acknowledge that the Service and anything contained therein, including, but not limited to, content, services, goods or advertisements (the “Items”) are provided “AS IS” and that Phoenix Capital makes no warranty of any kind, express or implied, as to the Items, including, but not limited to, merchantability, non-infringement, title or fitness for a particular purpose or use. Phoenix Capital does not warrant that the Service is compatible with your equipment or that the Service is free of errors or viruses, worms or “Trojan horses” and is not liable for any damage you may suffer as a result of such destructive features.
You acknowledge that (i) the Service is provided for information purposes only and is not intended for trading purposes, (ii) the Service includes information taken from the NYSE, NASDAQ, AMEX, (iii) Phoenix Capital does not guarantee the sequence, accuracy, completeness or timeliness of the Service and any information contained therein and (iv) the provision of certain parts of the Service is subject to the terms and conditions of other agreements to which Phoenix Capital is a party. Accordingly, anything to the contrary herein set forth notwithstanding, Phoenix Capital, its officers and employees, partners, affiliates, contractors, subcontractors, licensors, subsidiaries, successors and assigns, Suppliers and its third-party agents shall not, directly or indirectly, be liable, in any way, to you or any other person for (i) any inaccuracies or errors in or omissions from the Service including, but not limited to, quotes and financial data, (ii) any delays, errors or interruptions in the transmission or delivery of the Service or (iii) any loss or damage arising therefrom or occasioned thereby, or by any reason of nonperformance.
No warranty of any kind, express or implied, is made by Phoenix Capital as to the results that may be obtained from use of the Service, or as to the accuracy, veracity, reliability, completeness or content of any information, service, advertisement or merchandise provided by Phoenix Capital or in any hyperlink appearing on this site.
This disclaimer of liability applies to any loss, damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, transmission blackout, incorrect data transmission, delay in operation or transmission due to Internet traffic or otherwise, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, caused by your computer or for breach of contract, tortious behavior, negligence, or under any other cause of action. You specifically acknowledge that Phoenix Capital is not liable for the defamatory, offensive, or illegal conduct of other users or their parties and that the risk of injury from the foregoing rests entirely with the user.
Prior to the execution of a stock trade, you are advised to consult with your broker or other financial representative to verify pricing or other information. Phoenix Capital, its affiliates, information providers, or content providers shall have no liability for investment decisions based upon the information provided. Neither Phoenix Capital nor its affiliates, information providers or content providers warrant or guarantee the timeliness, sequence, accuracy, or completeness of this information. Additionally, there are no warranties as to the results obtained from the use of the information.
The content of other Web sites, services, goods or advertisements that may be linked to the Service is not maintained or controlled by Phoenix Capital. Phoenix Capital is therefore not responsible for the availability, content or accuracy of other Web sites, services or goods that may be linked to, or advertised on, the Service. Phoenix Capital does not (a) make any warranty, express or implied, with respect to the use of the links provided on the Service, (b) guarantee the accuracy, veracity, reliability, completeness, usefulness or adequacy of any other Web sites, services, goods or advertisements that may be linked to the Service or (c) make any endorsement, express or implied, of any other Web sites, services, goods or advertisements that may be linked to the Service. Phoenix Capital is also not responsible for the reliability or continued availability of the telephone lines and equipment you use to access the Service. You understand that Phoenix Capital and/or third-party contributors to the Service may choose at any time to inhibit or prohibit their content from being accessed under the Terms.
Under no circumstances, including but not limited to negligence, shall Phoenix Capital, its suppliers, its third party agents, or any person or entity involved in creating, producing or distributing the Service be liable to you or for any third party claims or losses of any nature or for direct, indirect, incidental, consequential, special, punitive or exemplary damages even if a Phoenix Capital authorized representative had been advised specifically of the possibility of such damages, arising from use of or inability to use the Service or any provision of the terms, such as, but not limited to loss of revenue or anticipated profits or lost business. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. In no event shall Phoenix Capital's total liability to you for all damages, losses, and causes and action (whether in contract or tort, including but not limited to negligence) exceed the amount paid by you, if any, for accessing the Service.
11. Indemnification
You agree, at your own expense, to indemnify, defend, and hold harmless Phoenix Capital, its employees, representatives, Suppliers, contractors, subcontractors and agents, independent provider/transmitter of information, against any claim, suit, action, or other proceeding brought against Phoenix Capital, its employees, representatives, Suppliers, and agents, independent provider/transmitter of information, by a third party, to the extent that such claim, suit, action or other proceeding brought against Phoenix Capital, its employees, representatives, Suppliers, and agents, independent provider/transmitter of information is based on or arises in connection with the Service, including but not limited to (i) your use or someone using your computer's use of the Service; (ii) a violation of the Terms by you or anyone using your computer; (iii) a claim that any use of the Service by you or someone using your computer infringes any Intellectual Property Right of any third party, or any right of personality or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; (iv) any deletions, additions, insertions, or alterations to, or any unauthorized use of, the Service by you or someone using your computer; (v) any misrepresentation or breach of representation or warranty made by you contained herein; or (vi) any breach of any covenant or agreement to be performed by you hereunder. You agree to pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.
12. Access Outside Hong Kong
The Service is offered only in jurisdictions where and when they may be lawfully offered by Phoenix Capital and the Items of the Service are not intended for use by persons located in or resident in jurisdictions which restrict the distribution of such materials by us. If you access these pages, you are required to observe any relevant restrictions.
Phoenix Capital does not represent that materials in the Service are appropriate or available for use in countries outside Hong Kong. If you choose to access the Service from outside Hong Kong, you are responsible for compliance with foreign and local laws. By using the Service, you represent and warrant that you are not located in, controlled by, or a national or resident of any such Prohibited Countries.
13. Termination
Either you or Phoenix Capital may terminate the Terms with or without cause at any time and effective immediately. You may terminate the Terms by discontinuing use of the Service and destroying all materials obtained from the Service. These Terms will terminate immediately without notice from Phoenix Capital if you, in Phoenix Capital's sole discretion, fail to comply with any provision of these Terms. Upon termination by you or upon notice of termination by Phoenix Capital, you must destroy promptly all materials obtained from the Service and any copies thereof.
14. Risk Disclosure Statement
You should note that some of the investment services provided relate to investments whose price or value may rise or fall and you may not get back the amount originally invested. Changes in exchange rates may have an adverse effect on the value, price or income of an investment in addition to other factors, e.g. if the investment is denominated in a foreign currency. Past performance of investments or investment management is not necessarily an indication of future performance.
Certain investments, e.g. those not quoted on a recognised investment exchange, including securities, commodities, futures, options, collars, swaps and other contracts for differences, may be difficult to realize. You may find it difficult to obtain reliable information about the value of such investments or the extent of the risks to which they are exposed. Volatile investments may be subject to sudden and large falls in value leading to a total loss of the amount invested. Warrants often involve a high degree of gearing so that a relatively small movement in the price of the security to which the warrant relates may result in a disproportionately large movement, unfavourable as well as favourable, in the price of the warrant. If a contingent liability is incurred you may have to pay additional amounts leading to losses in excess of the amount originally invested or deposited.
15. Miscellaneous
You accept that Phoenix Capital has the right to change the content or technical specifications of any aspect of the Service at any time at Phoenix Capital's sole discretion. You further accept that such changes may result in your being unable to access the Service.
16. Headings
The section titles in the Terms are used solely for the convenience of you and Phoenix Capital and have no legal or contractual significance.
17. Severability
If any provision of the Terms is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of this Agreement will remain in force.
18. Contact Personnel
In case of doubt, or if you encounter any problems or difficulties when using our Service, or if you have any questions, please contact:
Customer Services Officer Tel.: 2850 0777 Fax: 2541 1022
19. Registration
Phoenix Capital Securities Company Limited is an exchange participant of The Stock Exchange of Hong Kong Limited with Trading Right No.: 7100 and 7109. It is also registered as a Licensed Person, CE no. ABF 268, with Securities and Futures Commission (SFC) under Securities and Futures Ordinance.
20. Governing Law
This Agreement shall be governed and construed in accordance with the laws of Hong Kong, without giving effect to conflicts of law principles thereof. You agree to submit to the jurisdiction of Hong Kong with respect to any legal proceedings that may arise in connection with the Service or from a dispute as to the interpretation or breach of the Terms.