 |
|
Please
read these terms and conditions carefully as they apply to your use of this
Internet site (Site). By using this
Site you agree to be bound by these terms and conditions. 1.
Definitions "Applicable
Law" in relation to any person, action or thing means the following in relation
to that person, action or thing :- a. any law, rule or
regulation of any country; b. any obligation
under any licence in any country; and c. any lawful and
binding determination, decision or direction of a regulator in any
country. "Content”
includes things that you may see, view, read, hear, download or access on
or via the Site (including but not limited to messages, files, data, software,
images, video, audio, photographs, illustrations, text and other
materials). "We"
or "us” means JF
Apex Securities Bhd. 2.
General a. We technically
operate the Site. However, we
exercise no editorial control over much of the Content on the Site and in many
cases other persons provide the Content on the Site or operate parts of the Site
or other Internet sites you may view or access through the Site (Third Party
Providers). b. We may revise
these terms and conditions from time to time by updating this posting. The
revised terms will take effect when they are posted. 3. Registration a. You may be
required to register with us in order to access certain parts of the Site
(Sub-portal). Where you are
required to register :- i. you must provide us with accurate,
complete and updated registration information; ii. you must safeguard any user name,
password or other access codes which we provide to you;
and iii. you authorise us to assume that any
person using the Site with your user name and password is either you or is
authorised to act for you. b. 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. 4.
Services a. You acknowledge
that we may, in our sole discretion and with or without notice
:- i. vary the Site or any part of the
Site (including any Sub-portal for which you are required to register);
and ii. modify or discontinue this Site,
any part of the Site and the services available on it without
notice. 5.
Fees a. We reserve 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 Site. b.
The
introduction of charges or amendments to terms and conditions referred to in
paragraph (a) will be treated as (at our 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. 6.
Site
Content a. You acknowledge
that Content on the Site is subject to copyright and possibly other intellectual
property rights (Intellectual Property Rights). Unless you are expressly
authorised by law you must not yourself, or participate in or permit any other
person, to sell, copy, distribute, modify, display, publish or otherwise exploit
any Content unless you own that Content or possess an appropriate license; or
use any Content on any other web site or in a networked computer environment for
any purpose; or reverse engineer any Content consisting of downloadable
software; or otherwise infringe the intellectual Property Rights of any person
in using the Site or any Content. b. Nothing you do on
or in relation to the Site will transfer any Intellectual Property Rights to you
or licence you to exercise any intellectual Property Rights unless this is
expressly stated. 7.
Your Use of the
Site a. You must not post
or use any Content that : you do not have the right to post; is defamatory or in
contempt of any legal or other proceedings; is misleading or deceptive; incites
hatred or discrimination against any group of persons being a group defined by
reference to colour, race, sex, origin, nationality or ethnic or national
origins; denounces religious or political beliefs; includes religious or
political material which is or is likely to be offensive; is indecent, obscene,
vulgar, pornographic, offensive or of doubtful propriety; is of a menacing
character; is likely to cause annoyance, inconvenience or anxiety; is likely to
encourage crime, public disorder, violence or hatred; is likely to damage public
health, safety or morals; infringes any copyright, trade mark, patent or other
intellectual property right of another person; contains any unsolicited or
unauthorised advertising or promotional material; contains viruses or similar
software or data which is designed to interrupt, destroy or limit the
functionality of any computer software or hardware; or impersonates any person
or misrepresents your relationship with any person. b. You must not :
disrupt or interfere with the Site or servers or other software, hardware or
equipment connected to or via the Site; violate any Applicable Law relating to
your use of the Site; or collect or store, personal data about other users of
the Site. 8.
Other User
Content a. This Site may
contain Content uploaded, posted, emailed or otherwise electronically
transmitted (Posted) by users of the Site, including you (User
Content). b. We do not monitor
or exercise editorial control over User Content, however we reserve the right to
access or examine any User Content; and at our discretion move, remove or
disable access to User Content which we consider in our sole opinion to breach
any Applicable Law or to be otherwise unacceptable. c. In relation to
any User Content Posted by you, you grant us a perpetual, irrevocable,
royalty-free licence throughout the world to use, reproduce, modify, adapt,
publish, translate, sublicense, create derivative works from, incorporate in
other works (whether electronic or not), distribute, perform and display such
Content, whether in whole or in part. d. You acknowledge
that we may remove User Content Posted by you at our
discretion. 9.
Third Party
Providers a.
You
acknowledge that parts of the Site; and parts of the Content, are provided or
maintained by Third Party Providers and not by us. b. Your
correspondence or dealings with or reliance on any Third Party Provider are
matters solely between you and that Third Party Provider, and you agree that we
will not be liable or responsible for any loss or damage of any sort incurred as
the result of such correspondence, dealings or reliance. 10. Links and
Advertisements a. We have not
reviewed all of the sites linked to this Site and are not responsible for the
content or accuracy of any off-site pages or any other sites linked to this Site
(including without limitation sites linked through advertisements or through any
search engines). b. Some links which
appear on the Site are automatically generated, and may be offensive or
inappropriate to some people. The inclusion of any link does not imply that we
endorse the linked site or any products or service on any linked site, and you
use the links at your own risk. c. Your
correspondence or dealings with, or participation in promotions of, advertisers
on the Site are solely between you and such advertisers. d. We will not be
liable or responsible for any loss or damage of any sort incurred as the result
of any such dealings or as the result of the presence of advertisements on the
Site. 11. Personal Data
In
using the Site you may give us "personal data". By using this Site you grant us
the consent to use your personal data. 12. The Use of the Site is
at Your Risk a. You use the Site
at your risk. You must evaluate, and bear all risks associated with, the use of
any Content, including reliance on the accuracy, completeness or usefulness of
any Content. You should seek your own independent advice with respect to any
Content. Any Content comprising
information concerning securities, financial markets or other investments is for
information purposes only, is not intended to and does not constitute an offer
to sell or the solicitation of an offer to buy or subscribe for any such
securities or investments and we do not assume any responsibility for the
suitability of any particular investment strategy for you. The securities
referred to in any Content may not be eligible for sale in some jurisdictions.
Any information provided is compiled by us from or supplied by sources that we
believe to be reliable but no representation, warranty or guarantee is made or
given by us or any other person as to the accuracy, reliability of completeness
of any information provided. Any
Content may be out of date and is subject to change without notice. b. We endeavour to
provide a convenient and functional Site, but we do not guarantee that the
Content will be error free or that the Site or the server that operates it are
free of viruses or other harmful components. c. Although we will
use reasonable endeavours to maintain the Content, we do not undertake to
provide support or maintenance services for the Content. We urge you to keep backup copies of
Content you Post to, maintain on or use with the Site. d. If your use of
the Site results in the need for servicing or replacing property, material,
equipment or data, we will not be responsible for such
costs. e. Without limiting
the above provisions, everything on the Site is provided to you "as is" and "as
available" without warranty or condition of any kind, either expressed or
implied, including, but not limited to, any implied warranties of
merchantability, fitness for a particular purpose, or non-infringement. We
exclude all representations and warranties to the fullest extent permissible
under any Applicable Law. f. If a
jurisdiction does not allow the exclusion of implied warranties in accordance
with paragraph (e) but allows limitations of a certain maximum extent then we
limit our warranties to that extent. 13.
Limitation of
Liability a. To the extent
permitted by law no party involved in creating, producing, or delivering the
Site or any Content will be liable for any direct, incidental, consequential or
indirect damages, loss or corruption of data, loss of profits, goodwill, bargain
or opportunity or loss of anticipated savings resulting from your access to, or
use of, or inability to use the Site and the Content, whether based on warranty,
contract, tort, negligence or any other legal theory, and whether or not we know
of the possibility of such damage. b. If a jurisdiction
does not allow the exclusion or limitation of liability in accordance with
paragraph (a) or (b) but allows a limitation of a certain maximum extent then
our liability is limited to that extent. 14.
Cancellation a. Where you are
required to register with us, you may cancel such registration at any time by
notifying us. b. We may cancel
your registration if you do not visit the Site for an extended period of time,
or if we reasonably believe that you have violated any Applicable Laws, acted
inconsistently with the letter or spirit of this agreement, or have violated our
rights or those of another party. c. When your
registration is cancelled, you may no longer have access to Content you have
Posted to, or which you keep on or via, the Site, and we may delete such
content. d. The provisions of
these terms and conditions entitled "Use of the Site is at Your Risk",
"Limitation of Liability," and "General Provisions" will survive cancellation of
your registration or termination of this agreement. 15. General
Provisions a. If any part of
this agreement is held to be unenforceable, the unenforceable part shall be
given effect to the greatest extent possible and the remainder will remain in
full force and effect. b. This agreement
will be governed by the laws of Malaysia.
You irrevocably submit to the exclusive jurisdiction of the courts of
Malaysia. c. You agree to
indemnify, and to hold us, our officers, directors, employees and agents
harmless from and against any claim, action, demand, loss, damage, liability
proceeding and or expense suffered or incurred by us resulting from or which is
related to your use of the Site or the Content or the agreement constituted by
your acceptance of these terms and conditions. d. We may appoint
agents, assign or sub-contract the whole or any part of our rights and/or
obligations contained in this Agreement to any person at any time. The English
version of these terms and conditions shall prevail over any other language
versions which may be provided for information purposes only. If any term or
condition of this Agreement becomes or is declared illegal, invalid or
unenforceable for any reason, such terms or condition shall be divisible from
this Agreement and shall be deemed to be deleted from this
Agreement. |