Disclaimers & Terms of Use
IMPORTANT: By accessing the website, as defined below, you agree to be bound by, and acknowledge and confirm, the terms set out below. For the avoidance of doubt, if you are provided with any of the Services (defined below) , your access to and use of such service shall be subject to the terms and conditions governing the access to and use of such service and shall not be subject to these Disclaimers & Terms of Use.
1.Definitions
1.1In these Disclaimers & Terms of Use, unless the context requires otherwise, the following words and expressions have the following meanings:
The Charting Center product is comprised of the website, application and associated services. Charting Center is a trading name of Charting Solutions Ltd, a company incorporated in Hong Kong SAR.
"Hong Kong" and “Hong Kong SAR” refers to the Hong Kong Special Administrative Region of the People's Republic of China.
"Information" means information, messages, all audio-visual content, data, messages, and other content contained on the Websites (whether provided by Charting Center or any third party and whether or not produced as a result of any tool provided on the Website) or, if applicable, sent by Charting Center via short message services ("SMS") (if applicable).
"third-party services provider" means a third party who provides certain services on the Websites or whose services can be subscribed on or via the Websites.
"Websites" means the website(s) of Charting Center.
1.2In these Disclaimers & Terms of Use, unless the context requires otherwise, (i) words importing the singular include the plural and vice versa; (ii) references to a person include individual, corporate or unincorporated body; (iii) all references to any particular gender include all genders; (iv) reference to a statute or statutory provision includes a reference to it as amended, extended, replaced, substituted or re-enacted from time to time and also includes any subordinate legislation made under the relevant statute or statutory provision; and (iv) headings are inserted for convenience only and shall be ignored in construing these Disclaimers & Terms of Use.
2.Legality and No Offer
2.1The Information (or any part of it) is not intended for distribution to, or use by, any person in any jurisdiction where such distribution or use may be contrary to any law or regulation of such jurisdiction or which may subject Charting Center to any legal or regulatory requirement within such jurisdiction. Any person who intends to access or use any part of the Websites/Information must satisfy himself that he is not subject to any local requirement which restricts or prohibits him from doing so.
2.2None of the Information constitutes a solicitation or offer by Charting Center to buy, sell or otherwise deal in, whether as principal or agent or otherwise, any securities, futures, options or other financial instruments or other products or to provide any service or advice of whatsoever nature.
3.Disclaimers
3.1Although the Information is provided in good faith and obtained or complied from sources that Charting Center believes to be reliable, Charting Center does not represent or warrant, whether expressly or impliedly, the accuracy, validity, adequacy, sequence, timeliness or completeness of any of the Information.
3.2The Internet or other electronic media (including, without limitation, the Websites, electronic devices, services of third party telecom service providers such as mobile phones or other handheld trading devices or interactive voice response systems) is/are inherently unreliable medium/media of communication and that such unreliability is beyond Charting Center's control. Such unreliability may give rise to various consequences e.g. it may result in failure or delay in transmission of any communication or Information or affect any function available on the Websites or the timeliness, sequence, accuracy, validity, adequacy or completeness of any communication or Information or cause loss, or loss of confidentiality, of any communication or Information. The aforesaid is not an exhaustive list of all consequences from such unreliability. Charting Center shall not be responsible for any loss, damage, cost, expenses, claim or liability of whatsoever nature, directly or indirectly, arising out of or in connection with such unreliability or the public nature of the Internet or other electronic media or any other cause beyond Charting Center's control (including, without limitation, a breakdown or failure of transmission of communication facilities), even if any relevant notice may have been given to Charting Center.
3.3The Information available on the Websites does not constitute any advice or recommendation on the part of Charting Center and are not meant to be relied on by you or any other person.
3.4All quotes or quotations available on the Websites do not constitute any commitment on the part of Charting Center.
3.5Notwithstanding anything to the contrary which may be contained in the Information, Charting Center gives no express or implied warranties or representations (including, without limitation, warranties or representations regarding merchantability, fitness for a particular purpose, security, non-infringement of third party rights or freedom from computer viruses or other harmful components), and disclaims any liability of whatsoever nature, in connection with or arising out of any of the Information or any part or function of the Websites or any reliance on or access to or use of, or any inability to access or use , any of the Information or any part or function of the Websites, even if any relevant notice may have been given to Charting Center.
3.6You may subscribe to the services provided by a third-party services provider. Your access to and use of such services shall be governed by the agreement between you and that third-party services provider and you must comply with such agreement. Notwithstanding that such services are available or subscribed, on or via, the Websites, Charting Center does not approve or endorse such services or any information, data, material, message or content provided by or via such services or any matter (including, without limitation, any software required) in relation to such services or any information, data, material, message or content provided by or via such services. Charting Center is not and will not be a party to any agreement or other arrangement between you and that third-party services provider. Thus, Charting Center accepts no liability in connection with or arising out of such services or any information, data, material, message or content or provided by or via such services, even if any relevant notice may have been given to Charting Center. Further, Charting Center accepts no liability in connection with or arising out of any act or omission of any third party (whether such third party is a third-party services provider or not), even if any relevant notice may have been given to Charting Center.
3.7Any software required for the use of any part of the Websites/Information may be governed by a license agreement and you must comply with the terms and conditions of it. You are solely responsible for your breach of any such term or condition. Charting Center does not accept any liability whatsoever as a result of your downloading or using, in any other way, such software.
3.8Charting Center may, at any time and from time to time, at its absolute discretion, without notice and without giving any reason therefor, make any changes to the Information and/or the Websites (or any part thereof) and/or decline your access to and/or use of the Websites (or any part of the Websites). Charting Center shall accept no liability in connection with or arising out of any such change or declination, even if any relevant notice may have been given to Charting Center.
4.Intellectual property rights and others
4.1Charting Center is a trading name of Charting Solutions Ltd, which owns the trademarks, and logos as displayed on the Website and none of them should be used without the written consent of Charting Solutions Ltd.
4.2All information, data, materials, messages and contents provided by Charting Center and any third-party service provider are protected by copyright and they, or any part of them should not be reproduced, transmitted, copied, published, distributed, shared, modified or otherwise used for any purpose whatsoever unless with the prior written consent of Charting Center or any third party provider.
4.3You should not tamper with, modify, decompile, reverse engineer, establish any link to, introduce computer viruses or other harmful components to or make any unauthorized access to or use of any part of the Websites or of the Information or any services, information, data, material, message or content provided by any third-party services provider. And you should not permit or assist any other person to do the foregoing. Unauthorized use of any part of the Websites or of the Information or any services, information, data, material, message or content provided by any third-party services provider includes but is not limited to the use of the same on any other website or in a networked computer environment for any purpose whatsoever.
5.Linked websites
5.1Your access to or use of any other websites linked to the Websites ("third-party websites") or any part of their respective contents is at your own risk. Charting Center is not responsible for any matter related to the third-party websites (including, without limitation, the contents or the set-up thereof). Your access to and/or use of any of the third-party websites shall be governed by the terms and conditions (including, without limitation, such website's privacy statement) of the owner/provider of such website and you must comply with such terms and conditions. Notwithstanding the provision of the hyperlinks to the third-party websites, Charting Center does not endorse, approve, guarantee or recommend any third party, any of the third-party websites or any product or service on the same. Charting Center is not and will not be a party to any agreement or other arrangement between you and the owner/provider of any of the third-party websites. Thus, Charting Center accepts no liability in connection with or arising out of any of the third-party websites, even if any relevant notice may have been given to Charting Center.
5.2Charting Center is not responsible for any matter related to any software required for linking to any of the third-party websites (including, without limitation, the downloading of such software) or for any consequences from your downloading or using, in any other way, such software. The downloading or use of such software may be governed by a license agreement and you must comply with the terms and conditions therein contained. You are solely responsible for your breach of any such term or condition. Charting Center does not accept any liability whatsoever as a result of your downloading or using, in any other way, such software.
6.Privacy
6.1You agree to terms of the Privacy Policy as laid out in detail on the website.
7.Indemnity
You shall on demand indemnify and keep indemnified Charting Center from and against all liabilities, claims, costs, expenses and damages of any kind which may be reasonably suffered or incurred by Charting Center, directly or indirectly, arising out of or in connection with your access to and/or use of the Website (or any part of them) and/or the Information (or any part of it) and/or the reliance and/or acting on by Charting Center any information, data, message or communication from you or purportedly from you or your breach of any provision in these Disclaimers & Terms of Use.
8.General
8.1Charting Center may, at any time and from time to time, at its absolute discretion, without notice, make any amendments to these Disclaimers & Terms of Use and the amended version of these Disclaimers & Terms of Use shall be effective immediately upon the posting of it on the Websites.
8.2Each provision of these Disclaimers & Terms of Use is severable and distinct from the others and, if at any time any provision of these Disclaimers & Terms of Use is or becomes illegal, invalid or unenforceable in any jurisdiction, the legality, validity and enforceability of the remaining provisions of these Disclaimers & Terms of Use in that jurisdiction or of that provision or the remaining provisions of these Disclaimers & Terms of Use in other jurisdictions shall not be affected or impaired thereby.
8.3These Disclaimers & Terms of Use may be translated into other languages. Should there be any inconsistency or conflict between the translated version and this English version, this English version shall prevail.
8.4These Disclaimers & Terms of Use shall be governed by and construed in all respects in accordance with the laws of Hong Kong SAR.
8.5Third-party data providers. Charting Center and Charting Solutions Ltd is not responsible for the accuracy, timeliness & completeness of data provided to Charting Center. Charting Center does not guarantee the accuracy and reliability of any 3rd party data and does not accept any liability (whether in tort or contract or otherwise) for any loss or damage arising from any inaccuracies or omissions.
9. Cancellation Policy. Charting Center operates an automatic subscription renewal system. When you subscribe to Charting Center your subscription will renew automatically at the end of any given subscription period. A reminder email advising you of your next subscription payment due will be sent out 14 days prior to charging for your next subscription period. You confirm that you will ensure your anti-virus software does not block any emails from the Charting Center and Stripe domains.
To cancel your subscription please send an email to [email protected] at least 3 days prior to your renewal date. Please note that you are solely responsible for cancelling your subscription. Charting Center will not cancel your subscription under any circumstances unless you request cancellation.
9.1 Cancelled Subscription
· If you cancel your subscription, you can continue to use Charting Center until the next subscription charging date.
Please note that for monthly subscribers, this means when the next monthly billing cycle starts. For annual and biennial subscribers, this means when the next annual or biennial billing cycle starts.
· Charting Center does not provide refunds for any subscription periods, regardless whether you use the service or not.
· If you cancel during a trial period you might lose access to the service immediately.
· If any monies are taken from your account following a valid cancellation request which is received at least 3 days prior to your renewal date, then these monies will be refunded within 14 days.
9.2 Termination of service. If you fail to make your subscription payment for a given period, Charting Center reserves the right to terminate your access to the service, until payment has been received.
10. Refund Policy. As a subscription service the Licensee accepts that no refund of subscription fees for the license will be made, regardless of the circumstances and payment period.
9. Cancellation Policy. Charting Center operates an automatic subscription renewal system. When you subscribe to Charting Center your subscription will renew automatically at the end of any given subscription period. A reminder email advising you of your next subscription payment due will be sent out 14 days prior to charging for your next subscription period. You confirm that you will ensure your anti-virus software does not block any emails from the Charting Center and Stripe domains.
To cancel your subscription please send an email to [email protected] at least 3 days prior to your renewal date. Please note that you are solely responsible for cancelling your subscription. Charting Center will not cancel your subscription under any circumstances unless you request cancellation.
9.1 Cancelled Subscription
· If you cancel your subscription, you can continue to use Charting Center until the next subscription charging date.
Please note that for monthly subscribers, this means when the next monthly billing cycle starts. For annual and biennial subscribers, this means when the next annual or biennial billing cycle starts.
· Charting Center does not provide refunds for any subscription periods, regardless whether you use the service or not.
· If you cancel during a trial period you might lose access to the service immediately.
· If any monies are taken from your account following a valid cancellation request which is received at least 3 days prior to your renewal date, then these monies will be refunded within 14 days.
9.2 Termination of service. If you fail to make your subscription payment for a given period, Charting Center reserves the right to terminate your access to the service, until payment has been received.
10. Refund Policy. As a subscription service the Licensee accepts that no refund of subscription fees for the license will be made, regardless of the circumstances and payment period.