| TERMS
OF USE AND DISCLAIMERS |
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| Definitions |
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a) "HK Securities"
means HK Securities Inc, HK Securities Ltd, HK Securities
India Private Limited.
b) ‘The Site’ refers to HK Securities's website, viz.
http://www.hksecurities.co.in
c) "‘Content’" includes ‘Content’, information,
files, data, text, software, music, sound, photographs,
graphics, animation, video, messages, advertisements,
promotions, or other materials contained or displayed
on, or distributed through, or accessed from, the
following:
i) ‘The Site’
ii) Downloads from ‘The Site’
iii) Features, services and products of HK Securities.
and also includes content classified into various
categories like but not limited to General Knowledge(GK),
Quizzes, Questions and Answers, World News Quizzes,
Trivia Online, Vocabulary, Other write-ups and other
categories that HK Securities may add from time to time.
d) "YOU" means the person using (including
but not limited to viewing/browsing) or visiting ‘The
Site’ or using 'Content' and includes proprietorship
firms, partnership firms, corporate entities, trusts,
associations, groups and the like, if the person so
using or visiting 'The Site' or using 'Content' is
representing them. The term "YOUR" is to
be construed accordingly."
e) 'TERMS' refer to the terms and conditions mentioned
in this document.
f) "Privacy Policy" means the Privacy Policy
of the site, which can be accessed from the homepage
of the site. |
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| PREAMBLE |
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HK Securities develops
and maintains ‘The Site’ on the Internet. The following
TERMS apply to its use. These TERMS may be further
revised without notice as per specific TERMS through
changes made herein from time to time. The Privacy
Policy, which is also displayed on ‘The Site’, should
be read in conjunction with the TERMS listed herein
and is deemed to form a part of these TERMS. In case
of contradiction, the terms in the respective document
would be deemed correct and applicable, and in all
other situations, the TERMS mentioned here would be
applicable.
PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE USING
‘The Site’. |
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| 1. GENERAL |
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a) By using ‘The Site’,
YOU signify YOUR agreement and unequivocal, unconditional
consent to these TERMS, as well as agree to waive
any and all claims against HK Securities, its affiliates,
contractors, agents, officers, directors, or employees
arising out of YOUR use of ‘The Site’ or any ‘Content’.
b) If YOU do not agree to these TERMS, do not use
‘The Site’. It is further understood that HK Securities
may modify these TERMS at any time and without notice.
It would, therefore, be in YOUR interest to visit
this page regularly to check for changes.
c) In addition, whenever YOU use any, current or future
features, services, ‘Content’s from ‘The Site’, whether
on a 'free' / 'paid for' / 'to be paid for' basis,
and / or any of HK Securities product(s) YOU shall also
be subject to the guidelines and conditions applicable
to such current or future features, services, ‘Content’s
from ‘The Site’, whether on a 'free' / 'paid for'
/ 'to be paid for' basis, and/or any of HK Securities
product(s) and agreements contained therein. In case
of contradiction, the terms and conditions in the
respective document would be deemed correct and applicable,
and in all other situations, the TERMS mentioned here
would be applicable.
d) HK Securities may monitor YOUR access to the Site from
time to time.
e) HK Securities provides YOU with access to the features,
services, ‘Content’ on ‘The Site’ on "as is where
is" basis, whether on a 'free' / 'paid for' /
'to be paid for' basis. YOU understand and unequivocally
and unconditionally agree that HK Securities assumes no
responsibility for the timeliness, deletion, mis-delivery,
or failure to offer any feature, service (s) or ‘Content’
on ‘The Site’. |
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| 2. PRIVACY |
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| Please review our Privacy
Policy on ‘The Site’. The Privacy Policy governs YOUR
visit to and the use of ‘The Site’ and to understand
our practices pertaining to YOUR personal data and
related matters. |
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| 3. ELECTRONIC
COMMUNICATIONS |
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| When
YOU visit ‘The Site’, or send e-mails to HK Securities,
YOU are communicating electronically. YOU unequivocally
and unconditionally consent to receive communications
from HK Securities electronically. HK Securities may communicate
with YOU by electronic means or by posting notices
on this site. |
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| 4. COPYRIGHT-
RESTRICTIONS ON USE OF MATERIALS |
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a)
The ‘Content’ is the exclusive property of HK Securities
(or its suppliers, where applicable), and is protected
by copyright laws. HK Securities (or its suppliers, wherever
applicable) retain full and complete rights, title
and interest to the ‘Content’ as well as all intellectual
property rights therein.
b) If YOU copy, print or download any ‘Content’ from
‘The Site’, whether on a 'free' / 'paid for' / 'to
be paid for' basis, such ‘Content’ is deemed to be
licensed to YOU by HK Securities for YOUR personal use
only, YOU shall not change or delete any copyright,
trademark or other proprietary notices.
c) HK Securities does not transfer either the title or
the intellectual property rights of the ‘Content’.
YOU may not sell, redistribute or reproduce the ‘Content’,
nor may YOU decompile, reverse engineer, disassemble
or otherwise convert the ‘Content’ to a humanly perceivable
form. All trademarks, service marks and logos appearing
in the ‘Content’ are owned by HK Securities or its licensors
and YOU may not copy or use them in any manner.
d) ‘Content’ or any portion thereof may not be reproduced,
duplicated, copied, sold, resold, or otherwise exploited
for any commercial purpose, or for use of data mining,
robots, or similar data gathering or extracting tools,
save and except for the sole purpose of use in search
engines. YOU may not frame or utilize framing techniques
to enclose any trademark, service mark, logo, or other
proprietary information (including images, text, page
layout, or form) of HK Securities without the express
written consent of HK Securities. YOU may not use any
meta tags or any other "hidden text" utilizing
HK Securities's name or trademarks, service marks, logos,
without the express written consent of HK Securities.
Any unauthorized use thereof terminates the permission
or license granted by HK Securities herein. YOU are granted
a limited, revocable, and nonexclusive right to create
a hyperlink on YOUR web site to the home page of ‘The
Site’ so long as the link does not portray HK Securities,
its affiliates, or their products or services in a
false, misleading, derogatory, or otherwise offensive
manner. YOU may not use the trademarks, service marks,
logos or other proprietary graphics or trademarks
of HK Securities or any of its services, features, products,
as part of the link without express written permission
from HK Securities.
e) ‘The Site’ is controlled and operated by HK Securities
from its offices. HK Securities makes no representation
that materials in the site are appropriate or available
for use in other locations. Those who choose to access
this site from other locations may do so on their
own initiative, risk and responsibility and are responsible
for compliance with local laws, if and to the extent
they are applicable. |
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| 5. TRADEMARKS |
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| All marks, graphics,
logos, page headers, button icons, scripts, trade
and service names appearing on ‘The Site’ are the
property of HK Securities or their respective owners.
These may not be used in connection with any feature,
product or service that is not HK Securities's, in any
manner that is likely to cause confusion among customers,
or in any manner that disparages or discredits HK Securities
or the respective owners. All other trademarks not
owned by HK Securities that appear on the site are the
property of their respective owners, who may or may
not be affiliated with, connected to, or sponsored
by HK Securities. |
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| 7. INFORMATION |
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a)
YOU hereby unequivocally and unconditionally acknowledge
that the utilization of or reliance upon any ‘Content’
or part thereof by YOU is at YOUR sole and absolute
risk, responsibility and costs. Regarding the presentation
and updation of "‘Content’" on the site,
HK Securities and its suppliers attempt to be as accurate
as possible. However, HK Securities does not warrant that
its product / service descriptions, ‘Content’, Features
thereof, or other ‘Content’s of ‘The Site’ are accurate,
complete, reliable, current, or free from technical
/ typographical / other errors. HK Securities specifically
disclaims and denies any responsibility for the completeness,
accuracy or quality of information provided in its
'‘Content’, features, products or services.
b) Changes may be made from time to time, without
notice, to the ‘Content’, and to the products described
on the site from time to time.
c) Before using / buying a HK Securities product, or using
the features / services offered by HK Securities, you
are expected and assumed to have familiarized yourself
with it by going through the demo facility provided
on ‘The Site’ if applicable. Where such demo facilities
are not available or possible, you are expected and
assumed to have familiarized yourself with the same
by going through the write-up / instructions on the
product and / or features / services offered by HK Securities.
d) Information contained in the ‘Content’ or any part
thereof is presented at the absolute discretion of
HK Securities. Even though it is HK Securities's intention
to avoid presenting the same information more than
once in a different form / wording, there may be cases
where such an event may take place. In such events,
YOU shall have no objection to the same information
being presented more than once in the same or in a
different form / wording.
e) Classifications(including but not limited to Subjects,
Age Groups, Difficulty Levels and such other classifications
that HK Securities may add from time to time) contained
in various forms in the ‘Content’ are decided at the
sole discretion of HK Securities. It may be noted that
classification of data and information on the site
has been done by HK Securities on the basis of predefined
parameters, standards and to the best of its capacity,
capability and knowledge. YOU shall not dispute such
classifications or any aspect relating thereto including,
but not restricted to, classification of questions
/ answers / vocabulary/ jokes and humour / information
/ meanings / news / options, or any other part of
the ‘Content’. YOU further unequivocally and unconditionally
agree not to hold HK Securities responsible or liable
in any manner whatsoever for the classification and
otherwise, of the ‘Content’ and information posted
on the site.
f) This website may contain articles contributed by
several individuals. The views are exclusively their
own and do not necessarily represent the views of
HK Securities or its management |
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| 8. DISCLAIMERS
& LIABILITY |
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A)
HK Securities MAY, WITHOUT NOTICE, CHANGE, MOVE OR DELETE
PORTIONS OF, OR MAY ADD TO, THE ‘Content’.
B) HK Securities SHALL HAVE NO RESPONSIBILITY FOR
1. ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OF ANY ‘Content’, MATERIALS,
INFORMATION FROM ‘The Site’;
2. THE AUTHENTICITY OF ANY INFORMATION THAT IS FOUND
IN THE ‘Content’ OR ANY PORTION THEREOF.
3. ANY DAMAGES TO ANYBODY CAUSED BY USE OF ANY ‘Content’
OR PORTION THEREOF.
4. DAMAGE IN HEALTH IF ALLEGEDLY CAUSED BY SPENDING
UNREASONABLY LONG HOURS ON ‘The Site’, WHETHER OR
NOT MEDICALLY ADVISED NOT TO SPEND UNREASONABLY LONG
HOURS BEFORE A COMPUTER MONITOR.
5. ‘The Site’ NOT WORKING AT ALL OR NOT PERFORMING
TO YOUR EXPECTATIONS.
C) THE ‘Content’ CONTAINED OR DISPLAYED ON, DISTRIBUTED
THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM ‘The
Site’, ARE PROVIDED ON "AS IS WHERE IS"
AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES
OF ANY KIND EITHER EXPRESS OR IMPLIED. HK Securities DOES
NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
THE USE OR THE RESULTS OF THE USE OF THE ‘Content’
IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY,
OR OTHERWISE.
D) TO THE FULLEST EXTENT PERMISSABLE PURSUANT TO APPLICABLE
LAW, HK Securities DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT. HK Securities DOES NOT WARRANT THAT
THE FUNCTIONS CONTAINED IN THE ‘Content’ WILL BE UNINTERRUPTED
OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR
THAT THE ‘Content’, ‘The Site’ OR THE SERVER THAT
MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. YOU (AND NOT HK Securities) ASSUME
THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR
AND CORRECTION.
E) UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED
TO, NEGLIGENCE, ERRORS OR OMISSIONS, SHALL HK Securities
BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY,
SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF REVENUE OR PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT
RESULT FROM THE USE OF, OR THE INABILITY TO USE, ‘The
Site’ OR ‘Content’ OR PORTION THEREOF, EVEN IF HK Securities
OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IN NO EVENT SHALL HK Securities's TOTAL
LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES
OF ACTION (WHETHER IN CONTRACT, OR OTHERWISE) EXCEED
THE AMOUNT YOU PAID, IF ANY, FOR HK Securities'S PRODUCT(S)
OR SERVICE(S) OR FOR INFORMATION DOWNLOADED FROM ‘The
Site’. |
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| 9. LINKS TO
OTHER WEBSITES |
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a)
HK Securities makes no representation whatsoever regarding
the ‘Content’ of any other websites not belonging
to HK Securities, i.e. third party websites, that YOU
may access from ‘The Site’. When YOU access a third
party website, please understand that it is independent
from HK Securities and that HK Securities has no control over
the ‘Content’ on that website, and the feature(s),
product(s) or service(s) offered thereon. YOU bear
all the risks associated with these. A link to such
a website does not mean that HK Securities endorses or
accepts any responsibility or liability for the ‘Content’
or use of such website, and the feature(s), product(s)
or service(s) offered thereon.
b) YOU should carefully review the privacy statements
and other conditions of use of such third party websites,
before YOU choose to use / purchase any feature(s),
product(s) or service(s) offered by the third party.
c) YOU unequivocally and unconditionally agree that
HK Securities is not responsible for the quality of third
party features, products or services; and fulfilling
any of the terms of YOUR agreement with the third
party, including delivery of features, products or
services and warranty obligations related to purchased
features, products or services. YOU unequivocally
and unconditionally agree that HK Securities is not responsible
for any loss or damage of any sort YOU may incur from
dealing with any third party.
d) Part of this website may contain advertising and
other matter submitted to us by third parties. Kindly
note that those advertisers are responsible for ensuring
that material submitted for inclusion on the website
complies with all the requirements. Although acceptance
of advertisements on website is subject to our terms
and conditions which are available on request, we
do not accept liability in respect of any advertisements
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10. SUBMISSIONS |
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a.
Should YOU respond to HK Securities through e-mail or
posting of message on ‘The Site’ or by any other means,
with information, ideas, concepts, know-how, techniques,
feedback, data, questions, responses, comments, suggestions,
or the like (collectively referred to as 'Submission'),
such 'Submission' shall be deemed to be non-confidential
and HK Securities shall have no obligation towards YOU
of any kind with respect to such 'Submission'. No
payments shall be made to YOU or any third party for
such 'Submission'.
b. YOU represent and warrant that YOU own or otherwise
control all of the rights relating to YOUR 'Submission',
that such 'Submission' is accurate; that use of such
'Submission' does not violate these TERMS and will
not cause injury to any person or entity; and that
YOU will indemnify HK Securities or its affiliates for
all claims resulting from YOUR 'Submission' or use
thereof. HK Securities has the right but not the obligation
to monitor and edit or remove YOUR 'Submission' or
any part thereof. HK Securities takes no responsibility
and assumes no liability for the 'Submission' posted
by YOU or any third party.
c. In consideration of HK Securities's continuing efforts
to enhance and improve ‘Content’, and to respond to
feedback from YOU, YOU unequivocally and unconditionally
agree to transfer all rights relating to YOUR 'Submission'
to HK Securities on a global non-exclusive, royalty-free,
perpetual, irrevocable, and fully sub-licensable basis.
In this and all situations, HK Securities will have rights
to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, and display
without limitation, YOUR 'Submission' or part thereof
throughout the world in any media, and to authorize
others to do the same. YOU grant HK Securities and its
affiliates and sub-licensees, the right to use the
name(s) that YOU submit in connection with YOUR 'Submission',
if they choose. YOU agree without any pecuniary consideration,
to execute any and all documents that HK Securities may
reasonably request in connection with confirming HK Securities's
ownership of and unlimited right to use YOUR 'Submission'.
In case YOU refuse to execute such documents, it would
not affect in any way whatsoever, HK Securities's rights,
title and interest over YOUR 'Submission'.
d. YOU are solely responsible for YOUR 'Submission'.
YOU agree that no part of YOUR 'Submission' will:
(i) violate any right of any third party, including
copyright, trademark, privacy or other personal or
proprietary rights;
(ii) be or contain libelous or otherwise unlawful,
harmful, abusive, threatening, harassing, tortuous,
defamatory, vulgar, obscene, or objectionable material
or constitute the misappropriation of the trade secrets
of any third party;
(iii) contain computer virus
(iv) amount to carrying on political campaigning,
market solicitation, chain letters, mass mailing or
any kind of 'spam'
(v) disparage the products or services of any third
party.
(vi) harm any person and/or entity in any way
(vii) impersonate any person or entity, including,
but not limited to, HK Securities's officials, representatives,
or employees, or falsely state or otherwise misrepresent
YOUR affiliation with HK Securities
(viii) upload / transmit ‘Content’ that contains or
contains links to nudity, pornography, adult ‘Content’,
sex, or foul language
(ix) constitute personal data about other users
(x) amount to lottery or gambling
e. YOU agree to submit YOUR personal information including
YOUR email address and User Name through YOUR 'Submission'.
f. YOU acknowledge that the technical processing and
transmission of ‘The Site’, including YOUR 'Submission',
may involve transmissions over various networks and
changes to conform and adapt to technical requirements
of connecting networks or devices.
g. HK Securities IS NOT LIABLE OR RESPONSIBLE FOR ANY
'SUBMISSION' OR PART THEREOF, OR FOR DAMAGES TO ANYONE
RESULTING FROM USE OF ANY 'SUBMISSION' OR PART THEREOF.
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| 11. APPLICABLE
LAW |
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By
visiting ‘The Site’, YOU unequivocally and unconditionally
agree that the laws of India applicable to Mumbai
in the state of Maharashtra in India, without regard
to principles of conflict of laws, will govern these
TERMS (including Privacy Policy) in any dispute of
any sort that might arise between YOU and HK Securities
or its affiliates, and that, subject to the para on
'DISPUTES', YOU unequivocally and unconditionally
agree to submit to the jurisdiction of the courts
in Mumbai.
YOU unequivocally and unconditionally agree that any
lawsuit that you may bring arising out of or related
to ‘The Site’, ‘Content’ or any feature, service or
product of HK Securities, must commence within 1 (one)
week after the cause of action arose; otherwise, such
cause of action is permanently barred. HK Securities,
however may initiate appropriate legal action against
YOU under these TERMS at any time, as it may deem
fit and necessary. |
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| 12. DISPUTES
LAW |
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| Any
dispute relating in any way to YOUR visit to ‘The
Site’ or to HK Securities's feature(s), product(s) or
service(s) shall be submitted to arbitration at Mumbai,
except that, to the extent YOU have in any manner
violated or threatened to violate HK Securities's intellectual
property rights, HK Securities may seek injunctive or
other appropriate relief in any state or federal court
anywhere, and YOU unequivocally and unconditionally
consent to exclusive jurisdiction and venue in such
courts. Arbitration under this agreement shall be
conducted under the rules then prevailing of the (Indian)
Arbitration and Conciliation Act, 1996, and the rules
made thereunder and any statutory modification and
reenactment thereof. The arbitrator's award shall
be binding and may be entered as a judgment in any
court of competent jurisdiction. To the fullest extent
permitted by applicable law, no arbitration under
these TERMS shall be joined to an arbitration involving
any other party subject to these TERMS, whether through
class arbitration proceedings or otherwise. |
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| 13. NOTICE |
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| Notices
to YOU may be made via either email or regular mail.
YOU are advised to go through these TERMS regularly
to check for changes made from time to time. |
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| 14. MISCELLANEOUS |
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a)
Please review HK Securities's other policies, such as
Privacy Policy, which are posted on ‘The Site’. These
policies also govern YOUR visit to ‘The Site’ and
are deemed to be part of these TERMS.
b) If any of these TERMS shall be deemed invalid,
void, or for any reason unenforceable, those TERMS
alone shall be deemed to be severable and shall not
affect the validity and enforceability of the remaining
TERMS.
c) HK Securities's failure to exercise or enforce any
right or provision of the TERMS shall not constitute
a waiver of such right or provision, unless acknowledged
and agreed to by HK Securities in writing.
d) The section titles in the TERMS are solely used
for the convenience of the parties and have no legal
or contractual significance. |
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15. INDEMNITY |
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| YOU
agree to defend, indemnify and hold HK Securities and its
subsidiaries, affiliates, officers, agents, employees,
co-brands and other partners, harmless from any action,
claims, proceeding or demand, cost or expense including
reasonable attorneys' fees, made by any third party
due to or arising out of YOUR use of ‘The Site’ or ‘Content’,
connection to ‘The Site’, violation of the TERMS, or
YOUR violation of any rights of another. |
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16. TERMINATION |
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a)
HK Securities may terminate this Agreement at any time
and without notice, and accordingly deny YOU access
to ‘The Site’,in HK Securities's sole discretion for any
reason, including YOUR failure to comply with any
of these TERMS.
b) The provisions regarding to disclaimer, accuracy
of information, and indemnification shall survive
such termination.
c) YOU agree that HK Securities shall not be liable to
YOU or any third party for any termination of YOUR
access to HK Securities's features, services, products
or ‘The Site’. Upon termination, YOUR right to use
‘The Site’ shall cease immediately.
d) HK Securities shall not grant any refund to YOU of
any amount paid by YOU to HK Securities on termination
of this Agreement. HK Securities, however, reserves the
right to recover any amounts that may be due from
YOU. |
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17. MODIFICATIONS |
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a)
HK Securities reserves the right at any time and from
time to time to modify ‘Content’ or discontinue, temporarily
or permanently, with or without notice, of its features,
services, products, ‘The Site’ or any part thereof.
YOU are deemed to be aware of modifications made to
these TERMS and the Privacy Policy from time to time.
It would, therefore, be in YOUR interest to visit
these pages regularly, to check for changes.
b) YOU agree that HK Securities shall not be liable to
YOU or to any third party for any modification, suspension,
or discontinuance of its features, Services, products
or ‘The Site’. |
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