TERMS OF USE
A reference to this "Website" is to
http://www.smartwealth.com.my/ and any pages thereof including but not limited to the information, text, images, links, sound, graphics and video sequences displayed therein ("Materials").
This agreement (the "Agreement") sets forth the terms and conditions which apply to your use of the Website which is provided by Smart Wealth Advisory House ("SW"). Your use of the Website indicates your agreement to the following terms and conditions of service just as if you had submitted your acceptance.
If you do not agree to be bound by the following terms and conditions of service, please discontinue your use of the Website or any pages thereof.
CHANGES TO TERMS OF USE STATEMENT
SW reserves the right to amend this Agreement, and to modify, add or discontinue any aspect, content, or feature of the Site. Such amendments, modifications, additions or deletions shall become effective upon notice thereof, which may be provided to you by posting on the Website, via e-mail or any other reasonable means. Continued use of the Website by you shall be deemed to indicate your acceptance of any such amendments, modifications, additions or deletions.
DEFINITIONS AND INTERPRETATION
This "Agreement" means these provisions in the Terms of Use as from time to time amended, modified or varied. "Information Providers" means the third parties providing the data displayed on this Website or utilised on the Services. "Loss" includes loss, damage, costs, charges and/or expenses of whatsoever nature and howsoever arising whether direct, indirect, joint, several, actual, contingent or otherwise (including legal fees on a full indemnity basis). "Users" means the persons who have not or have registered with SW under these terms pursuant to the Registration Form and who can gain access, view and interact with this Website, and "User" shall mean any one of them. "Registration Form" means the registration form found at
http://www.smartwealth.com.my which has to be completed in order to register for the use of the Services. "Services" means access to data, information, reports, opinions and news in various formats relating to foreign exchange, equity and debt markets, including such data or information provided by Information Providers; such software (as is necessary) to access such information, data and services; registration, login and customisation facilities; and any other additional features for this Website as may be introduced from time to time by SW.
The headings to the clauses hereof are for ease of reference only and shall not be taken into account in the interpretation or construction of this Agreement or any clause(s) hereof. In this Agreement, unless the context otherwise requires, words denoting the singular number only shall include the plural and vice versa, reference to any clause is to a clause of this Agreement, and words denoting any one gender shall include any and all other genders.
MEMBERSHIP AND REGISTRATION
Certain areas of this Website may require registration or may otherwise ask User to provide information to participate in certain features and Services or access certain content. The decision to provide this information is purely optional, however if User elect not to provide such information, User may not be able to access certain content or features or participate in various area of the Website. User may also provide information to SW in other contexts, including for example in order to enter a promotion.
When User register or become a Member of this Website or provide information to SW in any other manner, he agrees to provide only true, accurate, current and complete information on all registration pages. Using a name other than User's own legal name is prohibited (except in those specific areas of the Website that specifically ask for unique, fictitious names, e.g. certain message boards and chats room). User agrees that SW may use the information he provide to SW according to the Privacy Policy on the Website.
If User becomes a Member of this Website, he agrees to accept responsibility for all activities that occur under his account or password, and agree he will not sell, transfer or assign his Membership or any Membership rights. User is responsible for maintaining the confidentiality of his password and for restricting access to his computer so that others may not access this Website using his name in whole or in part.
For Services that are not offered free and require the payment of membership fees and charges, User shall upon receiving approval from SW of his membership application pay in advance all such membership fees and charges for the relevant Services subscribed for at the applicable rate indicated in the Registration Form or such other rates as may be prescribed by SW from time to time before access to the relevant Services are granted. Activation of the relevant Services will be made as soon as is practicable after receipt by SW of the membership fees and charges from the User. If a User wishes to continue using the paid Services after expiry of his membership, he must pay SW the prevailing
membership renewal fees and charges. User will be notified of the prevailing renewal membership fees and charges not less than fourteen (14) days prior to the expiration of the membership. All sums paid to SW at any time shall not be refundable even if the User chooses not to use the Services.
All membership fees and charges are exclusive of taxes and bank charges which may be imposed when User makes payment to SW. All such taxes and bank changes payable shall be borne solely by the User.
SW reserves the right to vary the membership fees and charges described above on such terms and conditions as may be prescribed by SW, upon giving notice to the User.
In the event that a User does not make payment of any sums due to SW within the period(s) stated in any written notice given to him, SW shall have the right to charge interest on the outstanding amount (at SW's usual rate) from the date when such payment is due as so stated in the said written notice until the date of full payment (both before and after judgment) or otherwise terminate the provision of the relevant Services to him.
Without prejudice to any of the other provisions of this Agreement and to any other rights and remedies which SW may possess, User shall at all times be liable for and shall indemnify SW against all costs and expenses (including legal costs on a full indemnity basis) which SW may sustain, incur, suffer or pay in protecting or enforcing any rights under this Agreement (including but not limited to User's failure to pay fees or charges when due).
SW reserves the right to terminate Membership and deny access to this Website to any Users who violates these Terms of Service.
SUSPENSION AND TERMINATION OF MEMBERSHIP
User may terminate his membership with SW through the use of the relevant function when he accesses his member's account. However, User's continued use of any of the Services is deemed to be his continued acceptance of the terms and conditions contained in this Agreement, for such part or parts of the Services, and be bound by them.
SW may suspend or even terminate User's membership and his access to all or part of the Services (with no refund of any sums paid) with immediate effect if:-
- in the sole opinion of SW, he has breached any of the terms or conditions of this Agreement;
- he has at any time provided any false or incomplete information to SW;
- in the sole discretion of SW, SW suspects that his member's account has been accessed in an unauthorised manner or that the security of his member's account has been compromised in any way;
- he has at any time permitted another person or entity to use his member's account to access this Website;
- in the opinion of SW or any regulatory authority, it is illegal or not in the public interest to continue providing the Services to him for any reason whatsoever;
- he dies or is declared a bankrupt; or
- in the sole discretion of SW, SW decides to withdraw or terminate all or part of the Services or this Website.
SW also reserves the right to withdraw or terminate all or part of the Services, or even to terminate this Website, in its sole discretion and for its own reasons. In the event of termination of User's membership, his access to all or part of the Services or this Website for whatever reason, SW shall not be liable to any users or third party for any failure and any consequence arising from such failure to access, use or provide all or part of the Services.
ACCESS AND USE
User undertakes to comply with and shall not contravene all applicable laws, regulations and directives including, without limitation, the laws of Malaysia, relating to the access of this Website. User agrees that the Materials appearing on this Website are for directory and informational purposes only.
LIMITATIONS ON USE OF INFORMATION
All Materials provided within this Website remains and/or shall be the copyright or intellectual property of either SW, its Information Providers or third parties (as the case may be). User may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based on, distribute, or sell in any way any Materials, information, data, software, products or services obtained from this Website. User may download Material from this Site for personal, non-commercial use only, provided User keep intact all copyright and other proprietary notices. In the event that User downloads Material from this Website, such Material is licensed to User by SW or it's Information Providers. Neither SW nor it's Information Providers, transfer title to any such Material to User.
Use of any robot, spider, other automatic device, or manual process to monitor or copy the pages on this Website or the Materials by Users is strictly prohibited.
CONTENT DISCLAIMER
The Materials, information and data made available on this Website including facts, views, advice, analyses, opinions and recommendations of individuals and organisations are provided and made available for general information purposes only. It is not intended as investment advice and must not be relied upon as such, SW and its Information Providers are not giving or purporting to give or representing or holding ourselves out as giving personalised financial, investment, tax, legal and other professional advice. User shall always seek the relevant professional advice before otherwise making any such financial, legal or commercial decisions.
SW cannot and do not endorse, and cannot be responsible for, the messages, views, advice, analyses, opinions and recommendations of its Information Providers, individuals, Users, and organisations, or advocate any commercial dealings in any securities, investments or classes of securities or investments nor does the inclusion in this Website of a link to other web site(s) or resources imply any form of endorsement by SW. While the Materials and information on this Website have been obtained from external third party sources believed to be reliable, none of the data, news, information, reports or opinions nor any of the recommendations (if any) has been customised for any specific person or class of persons.
No such data, news, information, reports or opinions or recommendation provided on this Website is to be construed as an offer, solicitation or recommendation to any person or class of persons to buy any of the securities or class of securities referred to in this Website or to use the services of any advertiser herein. SW accepts no liability for any Loss arising out of the use of the information or recommendations on this Website.
The information and data available on this Website presented in text, graphics or whatever form, may include inaccuracies or errors and SW and its Information Providers reserve the right to periodically make changes to the information or data on the Services. While periodically updated data feeds (including stock quotes, currency rates or other price or information feeds (if any)) are generally believed to be timely and accurate, SW cannot and do not make any representation or warranty as to its accuracy or completeness.
Due to the inherent hazards of electronic distribution, User agrees and accepts that the Website may be inaccessible from time to time due to required maintenance, telecommunications or electronic or other systems failures or interruptions (whether of SW or any third party) or other disruptions. SW shall not be liable to User for any Loss suffered by User as a result thereof.
LINKS TO OTHER INTERNET SITES
This Website provides links to and/or may point to other Internet sites that may be clients of SW or may be of interest to Users of this Website. SW has no responsibility for these other Internet sites and only provides this as a service to Users. SW provides no warranties regarding the content of sites operated by firms which may compensate SW for listing on this Website.
DISCLAIMER OF WARRANTIES
The Materials, information and data presented in all its various forms on this Website are provided 'as is'. Smart Wealth Advisory House, its Information Providers and its affiliates, officers and employees give no guarantee, representation or warranty, express or implied, in respect of any accuracy, quality, completeness, timeliness, merchantability, fitness for a particular purpose, non-infringement or title of any software, information or data, directions, instructions or notices, views, opinions and recommendations available on, received from, transmitted to, or provided pursuant to this Website.
To the fullest extent permissible pursuant to applicable law, Smart Wealth Advisory House disclaims all warranties, representations and obligation of any type, expressed or implied, including any warranty of merchantability or satisfactory quality, any warranty of fitness for a particular purpose, any warranty of continuous services at any particular time, or integrity of data stored or transmitted via this Website, any representation of any kind that this Website will be accessible to any particular standard or be free from any bugs, errors or remain unaffected by computer viruses or other similar features affecting the performance of this Website, and further disclaim any and all liability for negligence and lack of reasonable care.
LIMITATIONS OF LIABILITY
Smart Wealth Advisory House shall not be liable for the inadvertent corruption, erasure of data transmitted or received or stored on this Website, mistakes, omissions, interruptions, deletion of files, errors, defects, delay in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorised access to Smart Wealth Advisory House's records or this Website. This clause shall apply to all contents on this Website.
Notwithstanding any other provisions to the contrary, Smart Wealth Advisory House shall not be liable for any or all direct, indirect, special, incidental and consequential loss or damage, including but not limited to loss or damage to other equipment or property or for loss of profit, business, revenue, goodwill or anticipated savings, howsoever caused arising directly or indirectly in connection with the use or reliance by any User on the Materials, information and data provided on this Website including without limitation, negligence, default or any acts of Smart Wealth Advisory House, its employees, agents contractors, representatives, loss of data, inability to access the internet, inability to transmit or receive information caused by or resulting from delays or interruptions, even if Smart Wealth Advisory House has been advised of the possibility of such damages.
COPYRIGHTS COMPLAINTS
SW respects the intellectual property of others. If any User believes that his copyrighted work has been copied and is accessible on this Website in a way that constitutes copyright infringement, the User shall provide SW the following information by way of written notice:-
- User's physical signature or that of the person authorised to act on the User's behalf.
- a description of the copyrighted work that User claims has been infringed and a description of the infringing activity.
- identification of the location where the original or an authorised copy of the copyrighted work exists, for example the URL (i.e., web page address) where it is posted or the name of the book in which it has been published.
- identification of the URL or other specific location on this Website where the material that User claims is infringing is located, including enough information to allow SW to locate the material.
- User's full name, address, telephone number, and email address.
- a statement by the User that he has a good faith belief that the disputed use is not authorised by him, his agent, or the law.
- a statutory declaration made by the User that the above information in User's written notice is accurate and that User is the copyright owner or authorised to act on the copyright owner's behalf.
SW will respond to the User according to its legal obligations under the laws of Malaysia. SW expects all users to comply with all relevant laws, as well as the terms of this Agreement, and upon receiving reasonable notification, will take immediate steps to ensure that the law and the terms of this Agreement are observed and complied with including the removal of any information or materials made available on this Website at SW's sole discretion.
INDEMNIFICATION
Users agrees to defend and indemnify SW, its Information Providers, and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from:-
- any material posted or otherwise provided by users that infringes any copyright, trademark, trade secret, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy;
- any misrepresentation made by Users in connection with their use of the Website;
- any non-compliance by Users with the terms and conditions of this Agreement;
- claims brought by persons or entities other than the parties to this Agreement arising from or related to User's access and use of the Website, including the information obtained through the Website.
JURISICTION AND FORM
This Agreement shall be governed by and construed in accordance with the laws of Malaysia. User may not assign any of his rights, obligations or privileges hereunder without the prior written consent of SW. Any assignment other than as provided for in this Section shall be null and void. If any provision in this Agreement is found or held to be invalid or unenforceable, then the meaning of such provision shall be construed to the fullest extent allowed by law so as to render the provision valid and enforceable, and if no such construction is possible, the invalidity or unenforceability of such provision shall not affect the other provisions of this Agreement and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect and the parties to this Agreement shall use their best efforts to negotiate, in good faith, a substitute, valid and enforceable provision or agreement which achieves to the greatest extent possible the economic legal and commercial objectives of the invalid or unenforceable provision.
AGENCY
This Agreement creates no agency, partnership, joint venture or employment and neither User, his agents, the Information Provider nor its agents have any authority to bind SW in any respect whatsoever.
THIRD PARTY RIGHTS
The parties confirm their intent not to confer any rights on any third parties by virtue of this Agreement and accordingly the Contracts (Rights of Third Parties) Act 2001 shall not apply to this Agreement.
ADVERTISING AND SPONSORSHIP
Part of the Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the site complies with Malaysia and International law. SW will not be responsible for any error or inaccuracy in advertising material.
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