DISCLAIMER AND TERMS AND CONDITIONS OF USE
Please read these disclaimers and terms and conditions of use carefully in respect of your use of the webpages on this website relating to “members benefits” and “discount service” (collectively, the “webpages“). By using any of the webpages, you agree to abide to and be bound by these disclaimers and terms and conditions of use. Each time you access any webpage you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent (and for the purpose of these terms and conditions, “person” includes any incorporated or unincorporated entity), without limitation or qualification to be bound by these terms and conditions, and you represent and warrant that you have the legal authority to agree to and accept these disclaimers and terms and conditions on behalf of yourself and any person you purport to represent. If you do not agree to any terms and conditions contained herein, or you do not have the legal authority to agree to and accept these terms and conditions, we do not consent to provide you with access, and you should cease any access or use, of the webpages immediately.
Accuracy and currency of information
CFA Society Hong Kong (hereinafter, also referred to as “the Society“, “we”, “our” or “us”) provides access to the information made available through the webpages for your private and internal use only.
As the webpages contain information and/or documents (in relation to, inter alia, offers, coupons, vouchers, promotions, discounts, programs, services, products or otherwise (collectively, “Offers, Products and/or Services”) provided by third parties which have not been independently verified by us, you agree that the Society (and any of its subsidiaries or affiliates, and their respective officers, directors, employees, representatives, agents, service providers, and all other related, associated or connected persons (collectively, “affiliates”) shall not be held responsible in any way whatsoever for any error, omission or inaccuracy in respect of any such information and documents.
Information contained, presented, displayed or posted on or transmitted in or through the webpages in respect of any matter (including, inter alia, the Offers, Products and/or Services) is provided “as is” and “as available” without representation, or warranty of any kind (including liability towards you or any third parties), either express or implied, and including without limitation implied warranties of title, merchantability, fitness for any particular purpose, non-infringement, to the fullest extent permitted by law.
The Society specifically do not make any warranties or representations regarding the correctness, reliability, usefulness, completeness or currentness of the information, text, graphics, contents, offers, links or other items contained, provided or made accessible in the webpages, and expressly disclaims liability for errors or omissions in these materials.
The Society makes no commitment to update the information contained in the webpages and shall not be obliged to remove any outdated information from the webpages or to expressly mark it as being outdated. The information provided on the webpages may be modified at any time without prior notice. The posting of any information on the webpages should not be understood to imply that there has not been any change in the affairs since the date on which the information was published or that the information is accurate at any time subsequent to the date on which it was published.
Use of the webpages
As a condition of any use of the webpages, you may not:
- use the webpages for any purpose that is prohibited by these terms and conditions of use;
- remove, change or obscure in any way anything on the webpages;
- use the webpages for unlawful purposes or fail to comply with any applicable laws, statutes or regulations that apply to your access or use of the webpages or any information taken or derived from it;
- use the webpages in any manner that could damage, disable, overburden, or impair any of our server, or the network(s) connected to any of our server, or interfere with any other party’s use and enjoyment of any of our services;
- obtain or attempt to obtain any materials or information from us through any means not intentionally made available through the webpages; or
- extract, edit, reproduce, replicate, retransmit, publish, pass on or make available in any medium, print, electronic or otherwise, all or part of the webpages, data or documents from the webpages to third parties for your own commercial purposes, whether for fee or in return for any payment.
The Society reserves the right to deny in its sole discretion any person access to the webpages or any portion thereof without notice. The Society shall invariably exercise such right if, in its sole discretion, it considers that a person’s conduct is unacceptable or in breach of the provision herein.
Control over contents of the webpages
The Society shall have sole discretion over the contents on the webpages, and reserves the right to omit or suspend any material contained in the webpages. No person shall have the right to insert or edit any contents on the webpages other than the Society.
No attempts shall be made to link or post to the webpages or any internal or subsidiary pages within the webpages, or frame any content in the webpages without the prior consent or permission of the Society. Without prejudice to any of its other rights, the Society may upon discovering such unauthorized linking, posting or framing disable such links, posts or frames.
No recommendation, endorsement or advice offered
Contents on the webpages in respect of, inter alia, any Offers, Products and/or Services are provided without regard to the personal conditions or circumstances of any specific person and shall not be construed as any recommendation or endorsement of the Society.
Nothing contained on the webpages constitutes, or shall in any way be deemed to be, investment, financial, legal, tax or other advice and should not be relied upon as such.
Exclusion of liability arising from use of the webpages
Use of the webpages is at your own risk and decisions based on information contained in the webpages (including in respect of any acceptance of any Offers, Products and/or Services) is your sole responsibility, and in exchange and as a condition of using the webpages, you agree:
- that the Society and its affiliates shall not be held liable for any loss or damages (both direct, indirect or consequential) of any kind however caused, in contract, tort (including negligence whether active, passive or imputed), product liability or strict liability, under any statute or otherwise arising out of or relating in any way to your use of the webpages, other than in respect of fraud; and
- to indemnify and hold harmless the Society and its affiliates from and against any and all actions, claims, losses, damages, liabilities and expenses (including without limitation any actual, special, incidental or consequential damages) whatsoever arising out of your use or interpretation of information contained in the webpages or in respect of any acceptance of any Offers, Products and/or Services, including without limitation, all loss of use, loss of profits, loss of revenue, loss of data, increased costs and expenses, wasted expenditure and all special, indirect and consequential losses as well as other damages that may be suffered or caused to you, whether in an action under contract, negligence, strict liability or otherwise.
The Society and/or its affiliates shall not be liable for any interruption, interception, suspension, delay, loss, unavailability, mutilation or other failure in giving you access to any of the webpages or the Offers, Products and/or Services and/or related items.
If you are dissatisfied with any material and/or Offers, Products and/or Services posted on the webpages or with any part of this agreement, your sole and exclusive remedy is to discontinue using the webpages and/or ignoring and refrain from using relevant Offers, Products and/or Services.
Limitations in respect of Offers, Products and/or Services
Offers, Products and/or Services published on the webpages are subject always to all such the terms and conditions which may be stipulated by the relevant merchants (including, inter alia, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage). The fact that these Offers, Products and/or Services are disclosed or otherwise made available through the webpages does not constitute any guarantee, assurance, representation, warranty, understanding, agreement or undertaking binding on the Society in any way whatsoever that you will have access to or are or will be entitled to enjoy any or all the benefits of these Offers, Products and/or Services and/or related items.
The Society and its affiliates make no guarantees, warranties or representations of any kind concerning the Offers, Products and/or Services and/or related items, and shall not be liable for any issues relating to any of them. To the maximum extent permitted by law, the Society expressly disclaims all warranties on condition, quality, durability, performance, accuracy, reliability merchantability or fitness for a particular purpose of all the Offers, Products and/or Services and/or related items. Further, you acknowledge that the Society and its affiliates does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of Offers, Products and/or Services and/or related items. In choosing to accept any of the Offers, Products or Services, you acknowledge that you are fully assuming the risks of completing the relevant transaction and that you are fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to such Offers, Products or Services. Such risks include, but are not limited to, misrepresentation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specification, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract and transportation accidents. Such risks also include the risks that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of Offers, Products or Services may violate or may be asserted to violate third party rights, and that you may incur costs of defense or other costs in connection with such assertions. You agree that the Society and its affiliates shall not be liable or responsible for any damages, claims, liabilities, costs, harms, inconveniences or losses of any kind which may arise as a result of or in connection with any such risks.
All offers of Offers, Products and/or Services are void where prohibited by applicable laws or regulations and are subject to changes as may be necessary to comply with such laws or regulations.
The Society and its affiliates are not liable with regard to the use of Offers, Products and/or Services and/or related items that, after receipt, may be lost, stolen or destroyed.
The Society is not obliged to update the information on Offers, Products and/or Services made available through the webpages and/or to verify their availability, validity and/or effectiveness at any given time.
The Society and its affiliates will not respond to obligations of manufacturers or providers of Offers, Products and/or Services nor will it provide warranties for such. Offers, Products and/or Services and/or related items will carry their manufacturer/provider’s warranty and the Society and its affiliates will not be responsible for the fulfilment of such warranty.
Any enquiries in respect of any Offers, Products and/or Services should be directed to the relevant merchant concerned and not to the Society.
No responsibility for third party websites
The Society may allow you to access Offers, Products and/or Services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) or otherwise to third-party websites the access and use of which are completely beyond the control of the Society. A link to such third-party websites does not mean that the Society endorses or accepts any responsibility for the content, or the use, of such websites. The Society has not reviewed or investigated in any way information at such linked sites and accordingly, the Society makes no representation or warranty as to the contents of any linked site or any link contained in a linked site and does not assume any responsibility for the accuracy, veracity, reliability, completeness, legality, adequacy or appropriateness of any contents in any such linked sites, or for any offers and services contained therein. Use of such links is at your own risk. You are cautioned to read such third parties websites’ terms and conditions.
Copyright, trademarks and intellectual property rights
All trademarks, service marks, logos and any other marks whatsoever contained in the webpages (in respect of Offers, Products and/or Services or otherwise) are used for the benefit of their respective owners and is not intended to infringe the intellectual property rights of any such person. Nothing on the webpages shall be construed as granting any license or right to use any image, registered trademark, logo or software. Downloading or copying of the webpages or of parts thereof shall not transfer any title to you. The Society does not guarantee that the use of any data, information or documents outside the webpages will not infringe any third party rights and you do so at your own risks.
The Society and its affiliates make no representation or warranty of the quality or ownership of intellectual or industrial property rights subsisting in the Offers, Products and/or Services and/or related items. In particular, the Society and its affiliates will not be responsible for any damage or loss incurred by you arising out of the purchase, supply or use of the Offers, Products and/or Services and/or related items or any negligence, breach of statutory or other duty on the part of the Society or its affiliates.
Legality of your access to the webpages
It is solely your responsibility to determine whether your use of the webpages is lawful, and you must satisfy yourself that you are not subject to any local requirements which may restrict or prohibit you from legally accessing the webpages. By accessing the webpages, you are representing and warranting that the applicable laws and regulations in your jurisdiction allow you to access the information contained in the webpages. Persons in respect of whom the said prohibitions apply must not access the webpages.
Viruses
The Society disclaims all liability for any tampering with your computer system by unauthorized parties that may be caused by your use of the webpages and/or links contained herein. In this regard, the Society expressly draws attention to the risk of viruses and the possibility of targeted attacks by hackers. In order to combat viruses, trojans, worms and other malware it is recommended that the most recent
browser versions be used and that anti-virus software be installed and continually updated. As a rule, the opening of any e-mail from an unknown source as well as any unexpected attachment to an e-mail message should be avoided.
Availability of and changes to the webpages
The Society may suspend the operation of the webpages at any time without notice. The Society does not warrant that the webpages or of any sites or pages linked to it will be compatible with your computer and related equipment and software or your access to or use will be uninterrupted or error free, or that errors will be corrected.
The Society may change the format and content of the webpages at its sole discretion at any time without notice. You should refresh your browser each time you visit the webpages to ensure that you access the most up-to-date version of the webpages and any information appearing on it.
No contract
No contract between you and the Society shall arise out of your use of the webpages and the Society shall not have any contractual or quasi-contractual liability to you. For all applicable purposes, you are not a client of the Society due to your use or access of the webpages, and will not be so treated.
Governing law
This disclaimer and terms and conditions shall be governed and interpreted in accordance with the law of Hong Kong, and you consent to the exclusive jurisdiction of the Hong Kong.
Severability
If any provision of this disclaimer and terms and conditions of use is found to be unenforceable, that finding will not affect the validity of any other provision.
Updates to disclaimer and terms and conditions of use
The Society reserves the right to modify or revise this disclaimer and terms and conditions of use at any time without notice to you. Your use of the webpages shall be bound by any such revisions and therefore you should periodically read through this disclaimer and terms and conditions of use regularly to ensure that you are informed of any changes. The date on which this disclaimer and terms and conditions of use was last updated is given below. Each time you use the webpages, the text of these terms and conditions it then reads will govern your use from that point in time onwards.
(Last Update: 17 November 2022)
