The terms and conditions below (the “Conditions”) together with our User Agreement (the “User Agreement”) (if applicable) govern your access to and use of this Website (as defined below). Please read these Conditions carefully. You are advised to fully understand your obligations and risks under these Conditions [and to consult a lawyer if necessary].
These Conditions are subject to and should be construed in accordance with the laws of the Hong Kong Special Administrative Region (“Applicable Laws”).
1.1 In these Conditions the pre-defined terms above and following definitions apply:
2.1 By submitting your order for a subscription (if applicable) and paying the subscription price, you are making an offer to us to subscribe to the Services you have selected subject to the terms of the User Agreement (if applicable). We retain the right to accept or reject your offer.
2.2 Unless otherwise agreed between you and us in writing, and subject to renewal, your subscription will be for a period of one calendar year commencing on the date specified by us in writing when we accept your application.
2.3 Upon the expiration of the one year subscription term and upon payment, your subscription will be automatically renewed for an additional one-year period. You may avoid entering into a renewal of your subscription by providing HedgeVista with at least 30 days written notice of your intention to terminate the subscription.
3.1 You acknowledge that you are at least 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Conditions, and to abide by and comply with these Conditions.
3.2 Access to the newsletter distribution parts of the Website is by username and password. In registering your account with HedgeVista Newsletters(“Account”) you will be required to provide certain information (“Account Information”), including but not limited to, username, password, full name, email address. You agree to provide accurate and truthful information and to keep it accurate and updated at all times.
3.3 You are responsible for all access to the Website through your Account and/or the use of your Internet connection, even if the access is by another person, with or without your knowledge and consent. You are responsible for your own Account and for ensuring the confidentiality and security of your Account Information. You may not share your Account Information with unaffiliated third parties. If you ever forget your Account Information, or believe or know that there has been any (attempted) unauthorised use of your Account/Account Information, you shall inform us immediately.
3.4 Accounts are non-transferable. If you are accessing or using the Account on behalf of another person or entity, you represent that you are authorised to accept these Conditions on that person’s or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Conditions.
3.5 Usernames must not be offensive or offend common decency, or selected to deceive subscribers or convey the appearance of affiliation with HedgeVista. Usernames must also not violate the rights of third parties or infringe any provision contained under section 6 below. HedgeVista reserves the right to:
4.1 You shall nominate an Authorized User or Users within your organization who shall be (a) natural person(s) authorized to receive the Services and access the Website on your organization’s behalf.
4.2 You shall notify us within 10 days of your organization undergoing any change of control or reassignment of personnel or any other circumstance involving a change of the Authorised User or Users to ensure that your organization continues to have access to the Website.
4.3 You shall ensure that the number of Authorized Users does not exceed the number of subscriptions you have purchased from time to time, and will not allow more than one Authorized User to access the Website under any one subscription unless their subscription has been reassigned in its entirety to another individual Authorized User, in which case the prior Authorized User shall no longer have any right to access the Website.
4.4 You shall ensure that your Authorized Users and any other person to whom Data is disclosed in accordance with the User Agreement (if applicable) comply with these Conditions.
5.1 We shall use reasonable endeavors to ensure that the Website is available at all times for the duration of the User Agreement,(if applicable) but you acknowledge that downtime will inevitably occur as a result of planned maintenance and unplanned service disruption and that since the Website is provided on the Internet, which is beyond HedgeVista reasonable control, we cannot guarantee that the Website or any individual function or feature of the Website will always be available and/or error free and we shall not be liable for any loss or liability which may be suffered or incurred by you as a result of any suspension of, or interruption to, the operation of the Website. The Website may be unavailable during periods when we are implementing upgrades or carrying out maintenance on the Website or at any other time.
5.2 HedgeVista does not have any obligation to support or maintain the Website. HedgeVista reserves the right to amend, suspend, withdraw or cease providing any services relating to the Website without notice, and shall have no liability or responsibility to you in any manner whatsoever if it chooses to do so.
5.3 HedgeVista reserves the right to charge for any service provided to you through the Website in accordance with these Conditions and for any reason, at any time without notice.
5.4 We make no promise that the materials on the Website are appropriate for or available for use in locations outside Hong Kong. Accessing the Website from territories where its contents are illegal or unlawful is prohibited. If you choose to access the Website from elsewhere, you do so on your own initiative and are solely responsible for compliance with Applicable Laws.
6.1 You are solely responsible for your conduct while accessing or using the Website and for the conduct of your Authorised Users or anyone you authorize to access the Website on your behalf.
6.2 You agree that when using the Website you will comply with the Applicable Laws and these Conditions. Any violation of these Conditions may result in the termination of your access to the Website.
6.3 Your permission to use the Website is personal to you and non-transferable, and is solely for the use in the course of your organisation’s business. Your use of the Website is conditional on your compliance with the rules of conduct set forth in these Conditions and you agree that you or any third party acting on your behalf will not:
6.4 We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
6.5 HedgeVista has no obligation to screen, edit or monitor users’ activities on the Website, but we reserve the right to delete or remove content from the Website at any time and for any reason.
7.1 The Website may provide links to other websites and online resources. We are not responsible for and do not endorse such external sites or resources. Your use of third party websites and resources is at your own risk.
7.2 We reserve the right to monetise any of these links through the use of third party affiliate programs.
7.3 We may rely on the services and facilities of third parties such as Amazon (for data), segment.io (for hosting),mlab.com, createsend.com, google analytics and appear.in (for video conferencing). We are not responsible and will not accept liability for lapses or interruptions in the services provided by these vendors.
7.4 You may create a link to this Website exclusively upon obtaining our written consent, provided that:
7.5 We reserve the right to require you to immediately remove any link to the Website at any time and you agree to immediately comply with any request by us to remove any such link.
8.1 We accept no responsibility whatsoever for advertisements contained within the Website. If you agree to purchase goods and/or services from any third party who advertises on the Website, you do so solely at your own risk. The advertiser, not HedgeVista, is responsible for such goods and/or services and if you have any queries or complaints in relation to them, your only recourse is against the advertiser.
9.1 Subscriptions to Services shall be delivered exclusively online.
9.2 You may cancel your subscription (if applicable) at any time by emailing us at email@example.com.
9.3 For each Service subscription you have purchased and for the duration of that subscription we grant you one non-exclusive non-transferable license to permit one or more Authorized User to access that particular Service in accordance with these Conditions.
9.4 Each Authorised User is permitted to access, print, reproduce, display, download or store the Information to the extent reasonably necessary for the purpose of his/her own personal use within the course of your business.
9.5 We reserve the right to amend the terms of your licence from time to time.
10.1 The price of your subscription (if applicable) is as set out on the subscription form or listed on the Website.
10.2 Unless otherwise agreed between us in writing all subscriptions must be paid for in advance with your application.
10.3 We reserve the right to change our subscription charges at any time, but such changes will only apply to your subscription from renewal. We will notify you of any such changes when renewal is due.
11.1 All trademarks, trade names, service marks, logos, copyrights, database rights, and other intellectual property rights of any nature on the Website, including all information, data, text, music, sound, images, photographs, graphics, illustrations and video messages, page headers, button icons, scripts, arrangement and presentation thereof together with the underlying software code, source code, software compilations, tools, application, slogans, filters, customer generated filters and other content contained therein (collectively, but not exclusively “Material”) are owned directly either by HedgeVista, or HedgeVista’s licensors, are protected by Applicable Laws and you acknowledge that you have no ownership rights in or to any (part of) the Material. HedgeVista and HedgeVista’s licensors reserve all rights to take any legal action in relation to any right applicable to the Material.
11.2 You can view, use, print or download extracts of the Material for your own personal use but you cannot otherwise use, copy, edit, vary, alter, reproduce, publish, display, distribute, store, transmit, commercially exploit, or disseminate in any form whatsoever the Material and the copyright notices or use the Material in any manner which creates the impression that such items belong to or are associated with you without written express permission from HedgeVista or HedgeVista’s licensors.
11.3 HedgeVista hereby grants you a worldwide, limited, non-exclusive, non-transferable, non-licensable, non-sub licensable, royalty-free and revocable licence to use the Website for your personal use in accordance with these Conditions. Such license is subject to these Conditions. You may not assign your rights provided for under these Conditions without our prior written consent. We may assign the Conditions and delegate certain responsibilities, obligations, and duties under or in connection with the Conditions in our sole discretion.
11.4 We reserve all rights, title and interest not expressly granted under this license to the fullest extent possible under Applicable Law.
12.1 HedgeVista respects the intellectual property rights of others and expects users of the Website to do the same. We will respond to notices of alleged copyright infringement that comply with Applicable Laws and are properly provided to us. If you believe that any of your copyrighted work has been used in a way that constitutes copyright infringement, please provide us with the following information:
12.2 We reserve the right to remove any material alleged to be infringing from our Website without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a user's account if the user is determined to be a repeat infringer. Our address for notice of alleged copyright infringement appearing on the Website is firstname.lastname@example.org
13.1 To the maximum extent permitted by Applicable Laws, and for the avoidance of doubt, HedgeVista and HedgeVista’s subsidiaries and affiliates and each of their respective officers, directors, agents, partners and employees (collectively, the “HedgeVista Parties”) hereby disclaim all liabilities and implied warranties with regard to the Website, including but not limited to non-infringement of proprietary rights. Your use of the Website and of any other application, website or material accessible through the Website is at your sole risk. The Website and software are provided without exception "as is" and "as available".
13.2 HedgeVista Parties exclude all warranties, liabilities and responsibilities for, among others:
13.3 Notwithstanding the foregoing, nothing in these Conditions is intended to exclude or limit any liability that may not by Applicable Laws be excluded or limited, and in particular none of the exclusions and limitations in this clause are intended to limit any rights you may have as a consumer under Applicable Laws or statutory rights which may not be excluded, nor in any way to exclude or limit liability to you for gross negligence, fraud, fraudulent misrepresentation or intentional misconduct, death or personal injury resulting from our negligence or that of our employees or agents.
14.1 You agree to indemnify to the fullest extent permitted by Applicable Law, to defend and hold HedgeVista Parties harmless, for any loss, liability, claim, demand, damages, expenses or costs and legal fees (“Claims”), made by any third party arising out of or relating to, among others:
14.2 We reserve the right, at your expense, to assume the exclusive defence and control of any matter subject to indemnification by you, and you agree to cooperate in such defence. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
14.3 You agree to promptly notify the HedgeVista Parties of any third party Claims, cooperate with the HedgeVista Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You agree not to settle any matter in which you have indemnity obligations towards the HedgeVista Parties without their prior written consent.
14.4 This indemnity is in addition to, and not in lieu of, any other indemnity set forth in any written agreement between you and the HedgeVista Parties.
15.1 The User Agreement (if applicable) will continue for as long as you are a fully paid up subscriber.
15.2 We may terminate User Agreement (if applicable) and these Conditions at any time by giving you notice in writing if you are in breach of any of your obligations.
15.3 No refunds will be given if you cancel your subscription before the end of the subscription period and if we cancel the subscription then we refund pro-rata subscription fee based on subscription period
15.4 We may, at any time and for any reason, terminate, revoke or suspend your right and ability to access or use the Website and request that you stop accessing or permanently destroy certain content or information available through the Website. HedgeVista will not be liable to you for any such termination/suspension. Upon termination, all rights and licenses granted to you herein shall also terminate immediately, and as a result you must cease all use of the Website.
15.5 If you breach or threaten to breach any provision of these Conditions, in addition to terminating your right to use the Website, we shall be entitled to seek injunctive relief to enforce the provisions hereof, but nothing herein shall preclude us from pursuing any action or other remedy for breach or threatened breach of these Conditions. If we prevail in such action, we shall be entitled to recover from you all reasonable costs, expenses, and attorneys’ fees incurred in connection therewith.
17.1 These Conditions (as amended from time to time), together with the User Agreement (if applicable) and other policies or terms incorporated herein, either in their entirety or by explicit reference constitute the entire agreement between you and us, supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understanding between you and us, whether written or oral, regarding your use of the Services and of the Website.
18.1 If any provision(s) of these Conditions is held to be unlawful, void, invalid or unenforceable, then such provision(s) is deemed severable from these Conditions and shall be construed, as nearly as possible, to reflect the intentions of the parties (as reflected in the provision(s)) and all other provisions shall remain in full force and effect.
19.1 These Conditions will continue to apply and be binding on HedgeVista’s and your respective successors and permitted assigns.
20.1 These Conditions will be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region, and the courts of the Hong Kong Special Administrative Region will have the exclusive jurisdiction over any claim or dispute arising under or in connection with these Conditions.
21.1 Unless otherwise expressly stated, nothing in these Conditions shall create any rights or any other benefits in favour of any person other than you, HedgeVista Parties and/or HedgeVista’s licensors.
21.2 The section titles in these Conditions are for convenience only, they are not intended as advice and have no legal or contractual effect.
21.3 No party shall be liable to the other for any default resulting from force majeure, which includes any circumstances beyond the reasonable control of the parties.
21.4 Notices and electronic communications. We may provide you with notices, including those regarding changes to the Conditions by notifications through our Website, email, or regular mail. When you use the Website, you consent to receive communications from us electronically. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that you have the ability to store electronic communications such that they remain accessible to you in an unchanged form.
22.1 Please address any question or enquiry about the Services or these Conditions, please contact us at email@example.com