Club Privé Disclaimers & Terms of Use

IMPORTANT: By accessing or using the Website (defined below) or any part of it, you agree to be bound by, and acknowledge and confirm, the terms set out below.

Club Privé is managed by SHK Private Ltd., a subsidiary of Everbright Sun Hung Kai Company Limited.

1. Definitions

1.1 In these Disclaimers & Terms of Use, unless the context requires otherwise, the following words and expressions have the following meanings:
"Hong Kong" means the Hong Kong Special Administrative Region of the People's Republic of China.

"Information" means the information, data, opinions, messages, materials and other content available from time to time on the Website (whether or not produced as a result of any function available on the Website).

"Website" means the website of Club Privé.

"subsidiary" bears the same meaning given to it under the Companies Ordinance (Cap. 32 of the Laws of Hong Kong).

1.2 For the purposes of these Disclaimers & Terms of Use, two companies are taken to be associated companies if one is a subsidiary of the other, or both are subsidiaries of a third company, and "associated company" is construed accordingly.

1.3 In 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, body corporate or unincorporate; (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 (v) headings are inserted for convenience only and must be ignored in construing these Disclaimers & Terms of Use.

2. Legality and No Offer

2.1 The 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 any member of the company to any legal or regulatory requirement within such jurisdiction. Any person who intends to access or use the Website or Information (or any part of the Website or Information) must satisfy himself that he is not subject to any requirement which restricts or prohibits him from doing so.

2.2 None of the Information constitutes a solicitation or offer to buy, sell or otherwise deal in, whether as principal or agent or otherwise, any securities, options, futures contracts, contracts relating to foreign exchange trading (whether leveraged or not) or other financial instruments or insurance-related products or other products or to provide any service or advice of whatsoever nature. Further, the Information (or any part of it) is not and should not be construed as acting to sponsor, advocate, endorse or promote any securities, options, futures contracts, contracts relating to foreign exchange trading (whether leveraged or not) or other financial instruments or insurance-related products or other products or services.

3. Disclaimers

3.1 Although the Information is provided in good faith and obtained or compiled from sources believed to be reliable, the members of the company do not represent or warrant, whether expressly or impliedly, the truthfulness, accuracy, validity, adequacy, sequence, timeliness, completeness, fairness or reasonableness of any of the Information. Further, the members of the company do not undertake that the Information will be updated from time to time or that you will be notified of any change made to the Information from time to time.

3.2 The Internet or other electronic media (including, without limitation, the Website, 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 the control of members of the company. 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 Website or the truthfulness, timeliness, sequence, accuracy, validity, adequacy, completeness, fairness or reasonableness of any communication or Information or cause loss, or loss of confidentiality, or unauthorized access to or use, of any communication or Information or your personal information (if you disclose or transfer your personal information on or via the Internet or other electronic media). The aforesaid is not an exhaustive list of all consequences from such unreliability. No member of the company shall 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 the control of the members of the company (including, without limitation, a breakdown or failure of transmission of communication facilities), even if any relevant notice may have been given to any member of the company.

3.3 The Information does not constitute any advice or recommendation and is not meant to be relied on by you or any other person. Any opinion from a third party contained in the Information is the opinion of that third party only and may be subject to change without any notice and no member of the company shall have any liability howsoever arising from such opinion or any change to it or any act or omission of such third party. You should consult your own professional advisors before making any investment or other decision.

3.4 Quotes or quotations (if any) available on the Website do not constitute any commitment on the part of any member of the company.

3.5 Any software required for the use of the Website (or any part of it) may be governed by a license agreement and you must comply with the terms and conditions of it before you can use or continue to use such software. You are solely responsible for your breach of any such term or condition. No member of the company accepts any liability howsoever resulting from your downloading or using such software.

3.6 In the Information, all references to any performance are based on historical data and you should not assume that such performance remains unchanged and will continue unchanged in the future. Further, the Information may contain forward looking statements regarding opinions of and expectation of the future. These statements are neither necessarily indicative of any future performance nor are they guarantee of future performance. Forward looking statements, by their nature, are based on assumptions and factors that may beyond the control of members of the company. As such, actual future performance and results may materially and adversely differ from those expressed or implied in the Information. The Information may contain analyses but they are not exhaustive analyses. The Information may not contain all the information which you may consider material.

3.7 Notwithstanding anything in these Disclaimers & Terms of Use or any other document or information (written or otherwise), the members of the company have the absolute discretion to determine the availability of any Information or function on the Website and no member of the company accepts any liability howsoever arising from any such determination, even if any relevant notice may have been given to any member of the company. Any member of the company may, at any time and from time to time, at its absolute discretion, without notice and without giving any reason therefor, make any change to the Information or the Website (or any part of the Information or Website or any function available on the Website) or decline your access to or use of the Website (or any part of it or any function available on it). No member of the company shall have any liability howsoever in connection with or arising out of any such change or declination, even if any relevant notice may have been given to any member of the company.

3.8 Notwithstanding anything to the contrary which may be contained in the Information or any other document or information (written or otherwise), no member of the company gives any 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 no member of the company accepts any liability howsoever arising out of or in connection with the Information (or any part of it) and/or the Website (or any part of, or any function available on, it) and/or any reliance on and/or access to and/or use of, and/or any inability to access and/or use, the Information (or any part of it) and/or the Website (or any part of, or any function available on, it), even if any relevant notice may have been given to any member of the company.

4. Intellectual property rights and others

4.1 The relevant members of the company and other relevant parties own their respective trade names, trade marks, service marks and logos and the like appeared on the Website and none of them should be used unless with the prior written consent(s) of the relevant owner(s).

4.2 Information is protected by Copyright and it (or any part of it) should not be reproduced, transmitted, copied, published, distributed, shared, modified or otherwise used for any purpose whatsoever (including, without limitation, as a basis for preparing derivative works) unless with the prior written consent(s) of the relevant owner(s).

4.3 You should not tamper with, modify, decompile, reverse engineer, establish any link to, introduce computer viruses or other harmful components to or make any unauthorised access to or use of the Website (or any part of, any function available on, it) or of the Information (or any part of it). And you should not permit or assist any other person to do the foregoing. Unauthorised use of the Website (or any part of, or any function available on, it) or of the Information (or any part of it) 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

5.1 Your access to or use of any other websites linked to the Website ("third-party websites") or their respective contents (or any part thereof) is/are at your own risk. No member of the company is 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, no member of the company, expressly or impliedly, endorses, approves, guarantees or recommends, or gives any warranty as to, any third party, any of the third-party websites or any information, product or service mentioned or available on or via the same. No member of the company is and will be a party to any agreement or other arrangement between you and the owner/provider of any of the third-party websites or of any service or product or information available on or via any of the third-party websites. No member of the company shall have any liability howsoever in connection with or arising out of any of the third-party websites or any information, service or product available on or via any of the third-party websites, even if any relevant notice may have been given to any member of the company.

5.2 No member of the company is 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 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 before you can use or continue to use such software. You are solely responsible for your breach of any such term or condition. No member of the company accepts any liability howsoever resulting from your downloading or using such software.

6. Disclosures

Disclosure of interest:

6.1 The relevant members of the company and/or their respective directors, representatives, employees and/or associates (as defined in the SFO) and/or the families of the foregoing and/or their respective clients may, from time to time, be counterparties to or have, direct and/or indirect, interests (whether by way of security interest or otherwise) and/or positions (long or short) in respect of and/or sell, purchase or otherwise deal in, as principal or agent, in the open market or in any other way, any companies, investments, instruments and/or products mentioned on or via the Website.

6.2 The relevant members of the company are actively engaged in financial-services and insurance-brokerage businesses and may in the course of such businesses have or develop business relationships (including, without limitation, lending, depositary, risk management, advisory and banking relationships) with third parties including, where applicable, share issuers and any relevant member of the company may also, amongst other things, be a member of and/or have an ownership interest in an exchange or other venue on which securities or other instruments (which may be mentioned on or via the Website) are traded and/or make markets in securities or such instruments.

6.3 As a result of paragraphs 6.1 and 6.2 above, the relevant members of the company and/or their respective directors, representatives, employees and/or associates and/or the families of the foregoing may have or acquire non-public information with respect to the securities, investments, instruments and/or products mentioned on or via the Website and such information shall not be provided to you. In addition, the interests of the relevant members of the company and/or their respective directors, representatives, employees and/or associates and/or the families of the foregoing may conflict with your interest and, subject to applicable laws and regulations, the relevant members of the company and/or their respective directors, representatives, employees and associates and the families of the foregoing each reserve the right to take such actions as they each consider necessary or appropriate (including, without limitation, any sale, disposal or enforcement in relation to any securities, investments, instruments and/or products) to protect their own interest.

Disclosure of risks:

6.4 There is an inherent risk that losses may be incurred rather than profit made as a result of buying and selling investment products.

6.5 There may be other risk disclosure statements or information ("RDS") available on the Website from time to time. You shall be deemed to have read, understood and accepted the terms and risks mentioned in the RDS if you access or use, or continue to access or use, any part of, or any function available on, the Website after the posting of the RDS on any part of the Website or at the time when the RDS is available on the Website.

7. Indemnity

You shall on demand indemnify and keep indemnified each Indemnified Entity from and against all liabilities, claims, costs, expenses and damages of any kind which may be reasonably suffered or incurred by it, directly or indirectly, arising out of or in connection with your access to and/or use of the Website (or any part of, or any function available on, it) and/or the Information (or any part of it) and/or the reliance and/or acting on by any member of the company any information, data, message or communication from you or purportedly from you and/or your act or omission whether or not constituting a breach of any provision in these Disclaimers & Terms of Use. For the purpose of this paragraph 7, "Indemnified Entity" means every member of the company.

8. General

8.1 Any member of the company may, at any time and from time to time, at its absolute discretion, without notice and without giving any reason therefor, 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 Website unless otherwise specified on the Website.

8.2 Each 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 and the legality, validity and enforceability of the whole of these Disclaimers & Terms of Use in other jurisdictions shall not be affected or impaired thereby.

8.3 These 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.

8.4 These Disclaimers & Terms of Use shall be governed by and construed in all respects in accordance with the laws of Hong Kong.

8.5 Nothing herein shall be construed as any member of the company holding itself out as being licensed or authorized to perform any activity for which it is not so licenced or authorized.