Use Clause
TERMS & CONDITIONS OF USE
Please carefully read these Terms & Conditions (the “Terms”) of use before using this website. Excalibur reserves the rights to modify the Terms, and your continual usage of the site after the posting of modifications to the Terms constitutes your acceptance of the Terms & Conditions of Use as modified. You must stop using the website if you do not wish to accept the Terms.
1. General
You represent that you have read and agree to be bound by the Terms. You further agree to comply with Hong Kong laws regarding the transmission of any data obtained from the Service (as defined herein) in accordance with the Terms, not to use the Service for illegal purposes, and not to interfere or disrupt the Service or the networks connected to the Service.
2. Personal Data
By using this Service you grant Excalibur the consent to use your personal data in accordance with our Personal Information Collection Statement, as defined in the Personal Data (Privacy) Ordinance (Cap. 486). Excalibur may issue to and request from your computer “cookies”, whereby you agree to transmit accurate user information.
3. Restrictions on Use
You may not use the Service for any illegal purpose or in any manner inconsistent with the Terms. You agree not to use, transfer, distribute, or dispose of any information contained in the Service.
4. Access within Hong Kong
Excalibur does not represent that the Service are appropriate or available for use in countries outside Hong Kong. By accessing this Service, you represent and warrant that you are currently located in Hong Kong.
5. Customer Registration
You may need to register with Excalibur in order to access some parts of the (sub-portal) Service, where you must provide accurate registration information, safeguard your username and password; and authorize Excalibur to assume that any person using the Service with your username and password is either yourself or is authorized to act for you. You acknowledge that usage of sub-portals may be governed by additional terms and conditions that you will be notified accordingly; and which will prevail over the Terms to the extent of any inconsistency.
6. Variation and Termination of Service
You accept that Excalibur has the right to change the content or technical specifications of any aspect of the Service at any time at Excalibur’s sole discretion, which may result in your being unable to access the Service. You acknowledge that Excalibur may, in its sole discretion and with or without notice, vary, modify or discontinue the Service. You or Excalibur may also terminate the Terms with or without cause at any time and effective immediately, upon which you must promptly destroy all materials obtained from the Service and any copies thereof.
7. Fees
Excalibur reserves the right at any time to charge fees, and vary or amend the terms and conditions that cover such fees. The introduction of charges will be treated as amendments to the to the terms and conditions which govern the site or sub-portal, which you will be notified and bound by those new or amended terms and conditions accordingly.
8. No Solicitation
The market recommendations provided by Excalibur do not constitute an offer to buy or sell, or the solicitation of an offer to buy or sell any contract. Your decision to enter into a contract or other transaction with Excalibur and each decision whether a contract or other transaction is appropriate or proper is your independent decision. Excalibur is not acting as an advisor or serving as a fiduciary to the customer. You agree that Excalibur has no fiduciary duty and no liability in connection with and is not responsible for any liabilities, claims, damages, costs and expenses, including attorneys’ fees, incurred in connection with you following Excalibur trading recommendations or taking or not taking any action based upon any recommendation or information provided by Excalibur.
9. Risk Disclosure Statement
Trading is highly speculative and is suitable only for those customers who understand and are willing to assume the economic, legal and other risks involved, and are financially able to assume losses significantly in excess of Margin or deposits. The high leverage and low margin associated with futures trading can result in significant losses. Excalibur may require you to provide additional funds to properly margin your trading account, which you must immediately meet such margin requirements. There are no guarantees of profit or freedom from loss in trading; you have received no such guarantees from Excalibur or from any of its representatives. Due to market conditions or other circumstances, Excalibur may be unable to close out your position at the specified level, and that you agree Excalibur will bear no liability for failure to do so. Excalibur is not responsible for disruption, failure or malfunction of telephone or internet lines. You must review and report immediately errors on confirmations and statements; failure to notify Excalibur immediately of any error or omission will bind you to the terms of such confirmation or statement, as the case may be. Past performance of investments or investment management is not necessarily an indication of future performance.
10. Disclaimer and Limitation of Liability
You agree that use of the Service is at your sole risk and acknowledge that the Service is provided “AS IS”. You acknowledge that Excalibur shall not be liable for (i) any inaccuracies or errors in or omissions from the Service including, but not limited to, quotes and financial data, (ii) any delays, errors or interruptions in transmission or delivery of the Service; or (iii) any loss or damage by any reason of nonperformance. No warranty of any kind is made by Excalibur as to the results obtained from use of the Service, or as to the accuracy, veracity, reliability, completeness or content of any information, service, advertisement or merchandise provided by Excalibur or any hyperlink on this site. This disclaimer of liability applies to any loss, damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, transmission blackout, incorrect data transmission, delay in operation or transmission due to internet traffic or otherwise, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, caused by your computer or for breach of contract, tortuous behavior, negligence, or under any other cause of action. You specifically acknowledge that Excalibur is not liable for the defamatory, offensive, or illegal conduct of other users or their parties and that the risk of injury from the foregoing rests entirely with the user. Excalibur shall not be liable for direct, indirect, incidental, consequential, special, punitive or exemplary damages even if a Excalibur authorized representative had been advised specifically of the possibility of damages arising from use of or inability to use the Service or any provision of the Terms, such as, but not limited to, loss of revenue or anticipated profits or lost business. In no event shall Excalibur’s total liability to you for all damages, losses, and causes and action (whether in contract or tort, including but not limited to negligence) exceed the amount paid by you, if any, for accessing the Service.
11. Indemnification
Customer agrees to indemnify and hold Excalibur, its affiliates, employees, agents, successors and assigns harmless from and against any and all liabilities, claims, losses, damages, costs and expenses, including attorneys’ fees, incurred by Excalibur arising from (i) your use or someone using your computer’s use of the Service; (ii) any violation of the Terms by you or anyone using your computer; (iii) any deletions, additions, insertions, or alterations to, or any unauthorized use of, the Service by you or someone using your computer; (iv) any misrepresentation or breach of representation or warranty made by you contained herein; or (v) any breach of any covenant or agreement to be performed by you hereunder. You agree to pay all costs, damages, and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action, or proceeding attributable to any such claim.
12. Severability
If any provision of the Terms is found invalid or unenforceable, that provision will be enforced to the maximum possible extent and the other provisions of the Terms remain in force.
13. Copyright
You agree to abide by all the copyright notices or restrictions contained in the Service, which is protected by copyrights and/or other proprietary rights and laws of Hong Kong and other countries.
14. Governing Law
This Agreement shall be governed and construed in accordance with the laws of Hong Kong, without giving effect to conflicts of law principles thereof. You agree to submit to the jurisdiction of Hong Kong with respect to any legal proceedings that may arise in connection with the Service or from a dispute as to the interpretation or breach of the Terms.
15. Contact Personnel
In case of doubt, or if you encounter any problems or difficulties when using our Service, or if you have any questions, please contact:
Customer Services Hotline: (852) 2844 9868 Fax: (852) 2526 0618