IMPORTANT NOTICE: By accessing any of the Website (as defined below) or any of its pages, you agree, acknowledge and confirm that you are bound by the terms and conditions set out below. For the avoidance of doubt, it is hereby clarified that if you are provided with any Electronic Service (as defined below), your access to and use of such service will be subject to the terms and conditions governing access to and use of such service and not to these Terms of Service.
- 1. Interpretation
- legality and non-offerability
- *3. Intellectual Property Rights and Others
- 4. Linked Websites
- Risk Disclosure
- privacy
- Indemnity
- General
1.1 Unless the context otherwise requires, the following terms shall have the following meanings in these Terms of Service:
UniSoft Limited is collectively and individually referred to as “UNISOFT” in these Terms of Service and on the Website.
“Platform” means the electronic trading platform of FX Partner.
“Electronic Services” means the internet and/or other facilities provided by or on behalf of UNISOFT to enable the Client to give electronic instructions and (where applicable) offers and receive information and related services in Hong Kong or elsewhere in accordance with the terms and conditions of the documents agreed between UNISOFT and its Client.
“Hong Kong” means the Hong Kong Special Administrative Region of the People's Republic of China.
“Information“ means the information, data, messages, data and other content contained on the Website (whether provided by UNISOFT or any third party and whether or not arising from any of the tools made available on the Website) or, where applicable, sent by UNISOFT via short message service (”SMS").
“Third Party Service Provider” means a third party that provides certain services on the Site or whose services can be ordered on or through the Site.
“Website” means UNISOFT's website.
1.2 Unless the context otherwise requires, in these Terms of Service (i) words importing the singular shall be construed to include the plural and vice versa; (ii) words importing persons shall be construed to include individuals, bodies corporate or unincorporated; (iii) words importing any particular gender shall be construed to include all genders; (iv) words importing statutory or legal provisions shall be construed to include all genders; and (v) words importing the provisions of statutes or statutory provisions shall be construed to include all genders. amended, renewed, superseded, replaced or re-enacted as in force from time to time and shall also include subordinate legislation to the statute or statutory provision in question; and (iv) the headings are for convenience only and shall be disregarded in construing these Terms of Service.
2.1 The Information (or any part of it) is not intended for release to, or use by, any person in any jurisdiction where such release or use might contravene any law or regulation of that jurisdiction or where such release or use might subject UNISOFT to any legal or regulatory requirements of that jurisdiction. Any person wishing to access or use any part of the Website/Information must ensure that he/she is not subject to any local rules restricting or prohibiting such access or use.
2.2 Nothing in the Information constitutes a solicitation or offer by UNISOFT to buy, sell or otherwise deal in financial instruments or other products (whether UNISOFT is acting as principal or agent or otherwise) or to provide any service or advice of any nature whatsoever.
3.1 UNISOFT and others own the trade names, trademarks, service marks and logos and the like displayed on the Website and they may not be used by any person except with the prior written consent of UNISOFT and/or the person(s) owning them.
3.2 The Information and the information, data, materials, messages and contents provided by any third party service providers are protected by copyright and none of the foregoing (or any part thereof) may be reproduced, transmitted, copied, published, distributed, shared, modified or otherwise used for any other purpose except with the prior written consent of UNISOFT and/or the person(s) owning the foregoing.
3.3 You shall not mess with, modify, disassemble, reverse engineer, create links to or introduce computer viruses or other harmful components into or gain unauthorized access to or use of any portion of the Website or the Information or any of the services, information, data, materials, messages or content provided by any third party service provider. In addition, you may not permit or assist others to do the same. Unauthorized use of any portion of the Site or the Information or any services, information, data, information, messages or content provided by any third party service provider includes, but is not limited to, use of the foregoing on any other network or in a networked computer environment for any purpose.
4.1 Your access to or use of any other websites linked to the Website (the “Third Party Websites”) or any part of their respective contents is at your own risk and UNISOFT shall not be responsible for any matters relating to the Third Party Websites (including but not limited to their contents or their settings). Your access to and/or use of any third party website will be governed by the terms and conditions of the owner/provider of that website (including but not limited to the privacy statement of that website) and you must comply with those terms and conditions. Notwithstanding the provision of hyperlinks to third party websites, UNISOFT does not endorse, approve, guarantee or recommend any third party, any third party website or any of its products or services, and UNISOFT is not and will not be a party to any agreement or other arrangement between you and the owner/provider of any third party website. Accordingly, UNISOFT shall have no liability in connection with or arising out of any Third Party Website, even if any notice thereof has been given to UNISOFT.
4.2 UNISOFT shall not be responsible for any matters relating to any software required for connection to any Third Party Website (including, without limitation, the downloading of such software) and shall not be liable for the consequences of your downloading or using such software in any other manner. The download or use of the Software may be governed by a license agreement and you must comply with the terms and conditions contained therein. you are solely responsible for any breach by you of any such terms or conditions and unisoft disclaims any liability arising from the download or other use of the software.
5.1 Risk disclosure statements or information (“Risk Disclosure”) may be available on the Website from time to time. By accessing or using, or continuing to access or use, any part of the Website after the Risk Disclosure has been posted on any part of the Website or while the Risk Disclosure is available on the Website, you will be deemed to have read, understood and accepted the terms and risks described in the Risk Disclosure.
6.1 You agree to the terms and conditions set out in the Practice Statement on the Personal Data (Privacy) Ordinance.
You shall indemnify UNISOFT on demand against all costs and expenses which UNISOFT may directly or indirectly reasonably suffer or incur as a result of or in connection with your access to and/or use of the Website (or any part thereof) and/or the Information (or any part thereof) and/or UNISOFT's reliance on and/or reliance on the reliance on or reliance on the reliance on any information, data, messages or communications from or purportedly originating from you, or any breach of any of the provisions of these Terms of Service by you. all liabilities, claims, costs, expenses and damages (of whatever nature) which UNISOFT may directly or indirectly reasonably suffer or incur as a result of any information, data, information or communication or any breach by you of any provision of these Terms of Service and indemnify UNISOFT against all such losses.
8.1 UNISOFT may at any time and from time to time in its absolute discretion without notice make any amendments to these Terms of Service and the amended version of these Terms of Service shall become effective immediately upon its posting on the Website.
8.2 Each provision of these TOS is severable and distinct from the other provisions. If at any time any provision of these TOS is or becomes illegal, invalid or unenforceable in any jurisdiction, the legality, validity and enforceability of the remaining provisions of these TOS in that jurisdiction, or the legality, validity and enforceability of that provision or the remaining provisions of these TOS in any other jurisdiction, will not be affected or impaired thereby.
8.3 These Terms of Service may be translated into other languages. In the event of any discrepancy or conflict between the translated version and the English version, the English version shall prevail.
8.4 These Terms of Service shall be governed by and construed in all respects in accordance with the laws of Hong Kong.